EDA Agenda 12-18-2007AGENDA
CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
Tuesday, December 18, 2007 - 6:00 p.m.
Boom Room - 505 Walnut Street, Monticello, MN
Commissioners: Bill Fair, Dan Frie, Bill Demeules, Bill Tapper, Bob Viering, and Council
members Clint Herbst and Wayne Mayer.
Staff: Economic Development Director Ollie Koropchak and Recorder Angela Schumann.
Financial Consultant: Todd Hagen, Ehlers & Associates, Inc.
1. Call to Order.
TRANSCRIPT OF PROCEEDINGS: ORGANIZATIONAL MEETING OF THE
RECONSTITUTED CITY OF MONTICELLO ECONOMIC DEVELOPMENT
AUTHORITY.
2. Election of President Pro Tem and Secretary Pro Tem.
3. Announcements.
4. Roll Call.
5. Records; Filing of Documents.
6. Administer Oaths of Office.
7. Adoption of Bylaws as amended.
8. Election of Officers.
9. Transfer of authority; Other Organizational Matters. Adoption a Resolution accepting
transfer of Projects and Programs from HRA to EDA; Approving Certain
Organizational Matters.
10. Reading and approval of Minutes (August 21, 2007 EDA and November 7, 2007,
HRA meetings.)
11. Approval of EDA bills.
12. Approval of Executive Director's Report.
13. Approval of Committee Reports.
14. New Business:
A. Review Pre-Sale Bond Report and adopt a resolution providing for the Sale of
$6,100,000 Public Project Revenue Refunding Bonds, Series 2000A.
B. Consideration to approve a Second Amendment to the Contract for Private
Development by and among Master's Fifth Avenue, Inc. and City of Monticello
Economic Development Authority.
C. Consideration to approve a Second Amendment to the Contract for Private
Development by and among First National Bank of Elk River, as assignee to Front
Porch Associates, Ltd; the City of Monticello Economic Development Authority; and
the City of Monticello.
D. Consideration to approve the annual hourly rate increase as presented by Ehlers &
Associates, Inc.
15. Move to Adjourn.
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EDA Agenda - 12/18/07
TRANSCRIPT OF PROCEEDINGS: ORGANIZATIONAL MEETING OF THE
RECONSTITUTION CITY OF MONTICELLO ECONOMIC DEVELOPMENT
AUTHORITY (EDA).
Please see the EXHIBIT A. Transcript of Proceeding -This is the format the commissioners will follow
for its organizational meeting and the Transcript of Proceeding will serve of record (minutes.) Each item
will be addressed, discussed, and action taken as necessary.
2. Election of President Pro Term and Secretary Pro Tem.
The first item is for the commissioners is to elect a President Pro Tem and Secretary Pro Tem.
These positions are temporary until such time the EDA elects its officers under Item 8. at which
time the elected President assumes the office and presides over the meeting.
ACTION REQUIRED TO ELECT.
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TRANSCRIPT OF PROCEEDINGS: ORGANIZATIONAL
MEETING OF THE RECONSTITUTED CITY OF
MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
December 18, 2007
The organizational meeting of the reconstituted City of Monticello Economic Development
Authority ("EDA") was called to order at
President I7ro tem. Commissioner
be elected President pro tem of the EDA and
be
appointed recording Secretary pro tem of the EDA. Motion seconded by Commissioner
. Motion carried unanimously.
Announcements. The President pro tem announced that; (i) the meeting had been convened
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by the President pro tem on December 18, 2007; (ii) that each member of the EDA had been
informed personally in writing or by telephone of the date, time and place of the meeting; and (iii)
that notice of the meeting had been posted at City Hall on
moved that Commissioner
2007.
Roll call. The President pro tem then requested the Secretary pro tem to call the roll of
Commissioners. On roll call, the following Commissioners were present:
and the following Commissioners were absent:
Records: filing. The President pro tem then directed the Secretary pro tem to file the
following documents on record in the permanent records of the EDA:
1. Certified copy of minutes of City Council meeting setting public hearing on
adoption of Resolution No. ,the amended and restated enabling resolution
establishing the EDA (the "Enabling Resolution"), and Resolution No. ,the
resolution transferring the powers and projects of the Housing and Redevelopment
p.m. on Tuesday, December 18, 2007.
322304v1 MNI MN190-130
1
Authority in and for the City of Monticello ("HRA") to the EDA (the "Allocation
Resolution"}.
2. Affidavit of publication of notice of hearing on the Enabling Resolution and
Allocation Resolution.
3. Certified copy of the City Council minutes of October 22, 2007 showing
record of public hearing and adoption of the Enabling Resolution and Allocation Resolution.
4. Certified copy of Enabling Resolution.
5. Certified copy of Allocation Resolution.
6. Certified copy of Council minutes containing motion to approve
appointment of Commissioners.
7. Affidavit of posting of notice of organizational meeting of the EDA.
• Oaths of office. The President pro tem then directed the Economic Development Director to
administer the oath of office to the Commissioners and directed the Secretary pro tem to file copies
of the oaths of office in the permanent records of the EDA.
B -laws. The President pro tem then presented proposed by-laws of the EDA to the
Commissioners for consideration. After discussion, moved by Commissioner
seconded by Commissioner ,that the by-
laws as amended be adopted. Motion carried unanimously.
Election of officers. The President pro tem then stated that the next order of business was
election of officers. Commissioner nominated Commissioner
Commissioner
as President. There being no further nominations, upon vote being taken,
was elected President. The President thereupon assumed the
office and presided over the meeting.
Commissioner
then nominated Commissioner
as
322304v1 MNI MN190-130
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• Vice President. There being no further nominations, upon vote being taken, Commissioner
was elected Vice President.
Commissioner then nominated the as
Secretary ex officio. There being no further nominations, upon vote being taken, the
was elected Secretary ex officio.
Commissioner then nominated Commissioner as
Treasurer. There being no further nominations, upon vote being taken, Commissioner
was elected Treasurer.
Commissioner then nominated the of the City
of Monticello as Assistant Treasurer ex officio. There being no further nominations, upon vote
being taken, the was elected Assistant Treasurer ex officio.
Transfer of authority; Other Organizational Matters. Commissioner
then introduced the following written resolution and moved its adoption, seconded by
EDA RESOLUTION NO.
RESOLUTION ACCEPTING TRANSFER OF PROJECTS
AND PROGRAMS FROM HRA TO EDA; APPROVING
CERTAIN ORGANIZATIONAL MATTERS
BE IT RESOLVED by the City of Monticello Economic Development Authority ("EDA")
as follows:
1. The City Council has duly adopted an amended and restated Enabling Resolution
(Resolution No. ___) creating the EDA pursuant to Minnesota Statutes, Chapter 469 (the
"Act"
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2. The Enabling Resolution provides that the EDA has and may exercise all of the
322304v1 MNI MN190-130
3
• powers conferred by the Act upon a housing and redevelopment authority of the City.
3. By Resolution No. ,and pursuant to Section 469.094, Subdivision 2 of the
Act, the City Council transferred the control, authority and operation of any project defined in
Section 469.174, Subdivision 8 (relating to tax increment financing for such projects) and any other
project or program established by the Housing and Redevelopment Authority in and for the City of
Monticello (the "HRA") from the HRA to the EDA. The EDA accepts responsibility for the
control, authority and operation of each project and program of whatever nature heretofore
established by the HRA.
4. Section 469.094, Subdivision 2, of the Act provides that when a project or program
is transferred from the HRA to the EDA, the EDA must covenant and pledge to perform the terms,
conditions and covenants of any agreement of the HRA executed for the security of any bonds
issued in support of the transferred project or program and to perform the terms, conditions and
covenants of the HRA in connection with the program or project so transferred. The EDA hereby
covenants and pledges to assume all of the duties and responsibilities of the HRA in connection
with each and every program or project so transferred by the City from the HRA to the EDA.
5. The EDA appoints the Economic Development Director of the City of Monticello as
the Executive Director of the EDA.
7. The Executive Director is authorized and directed to take whatever steps are
necessary to give effect to this Resolution. The President and Executive Director are authorized and
directed to execute, deliver and accept on behalf of the EDA any and all documents and instruments
necessary to give effect to this Resolution.
ATTEST:
322304v1 MNI MN190-130
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Executive Director
Upon roll call vote being taken, the following voted in favor:
and the following voted against:
Whereupon, the Resolution was declared adopted.
Reading and Approval of Minutes. Commissioner
then moved to approve
the minutes of the August 21, 2007 EDA meeting and of the November 7, 2007 HRA meeting;
seconded by Commissioner
Motion carried.
Consideration of EDA Bills. Commissioner moved to authorize
payment of EDA bills as presented by ; seconded by Commissioner
Motion carried.
Executive Director's Report. Commissioner moved to approve the
Executive Director's Report; seconded by Commissioner
Committee Reports. Commissioner
reports; seconded by Commissioner
Motion carried.
moved to approve the committee
. Motion carried.
New Business. Commissioner
resolution and moved its adoption, seconded by
EDA RESOLUTION NO.
then introduced the following written
RESOLUTION PROVIDING FOR THE SALE OF
$6,100,000 PUBLIC PROJECT REVENUE REFUNDING BONDS,
SERIES 2008
. WHEREAS, the Housing and Redevelopment Authority (the "HRA") in and for the City
322304v1 MNI MNI90-130
5
of Monticello (the "City") previously issued its $7,555,000 Public Project Revenue Bond, Series
2000A (the "Series 2000A Bonds") pursuant to that certain Trust Indenture by and between the
HRA and U.5. Bank Trust National Association dated as of March 1, 2000 (the "Indenture"); and
WHEREAS, the Ciry Council of the City has taken the necessary steps to allocate all
powers and projects of the HRA to the City of Monticello Economic Development Authority (the
"EDA"), and the HRA, by its Resolution No. ___, dated November 7, 2007, has transferred and
assigned to the EDA all outstanding contracts to which the HRA is a parry and all bonded
indebtedness issued by the HRA, including the Indenture and the Series 2000A Bonds; and
WHEREAS, the Board of Commissioners ("Board") of the EDA now deternunes that it is
necessary to issue its $6,100,000 Public Project Revenue Refunding Bonds, Series 2008 (the
"Bonds"), to advance refund the outstanding 2009-2015 maturities of the Series 2000A Bonds
totaling $5,740,000 in their entirety on February 1, 2008; and
WHEREAS, the EDA has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"),
as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in
accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9).
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of
Monticello Economic Development Authority as follows:
1. Authorization. The Board hereby authorizes Ehlers to solicit proposals for the sale of the
Bonds.
2. Meeting; Proposal Opening. The Board shall meet at _:_ p.m. on January _, 2008, for the
purpose of considering proposals for and awarding the sale of the Bonds.
3. Official Statement. In connection with said sale, the officers or employees of the EDA are
hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement
for the Bonds and to execute and deliver it on behalf of the EDA upon its completion.
322304v1 MNIMNl90-130
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ATTEST:
Executive Director
Upon roll call vote being taken, the following voted in favor:
And the following voted against:
Commissioner
moved approval of a Second Amendment to Contract
for Private Development by and between the City of Monticello Economic Development Authority
and Masters Fifth Avenue, Inc.; seconded by Commissioner .Motion carried.
President
. Commissioner
moved approval of a Second Amendment to
Contract for Private Development by and between the City of Monticello Economic Development
Authority, the City of Monticello, and First National Bank of Elk River, as assignee to Front Porch
Associates, Ltd; seconded by Commissioner
. Motion carried.
Commissioner moved approval of an annual fee increase as
presented by Ehlers & Associates; seconded by Commissioner _ .Motion carried.
Adjournment. There being no further business to come before the EDA, Commissioner
Commissioner
motion carried. The organizational meeting adjourned at
p.m.
n
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Acting Recording Secretary
322304v1 MNI MN190-130
moved that the organizational meeting be adjourned; seconded by
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EDA Agenda -12/18/07
3. Announcements. EXHIBIT B.
i) Meeting convened
ii) Cover sheet of EDA agenda mailed December 13, 2007.
iii) Notice of meeting posted at city hall, December 10, 2007.
4. Roll Call.
Commissioners present and absent.
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NOTICE OF SPECIAL MEETING
MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
Notice is hereby given that that there will be an organizational meeting of the Monticello
Economic Development Authority on Tuesday, December 18, 2007 at 6 p.m. in the
Academy Room at the Monticello City Hall.
Dated: December 10, 2007 ~J~9- V 41
Ollie Koropchak
Economic Development Director
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EDA Agenda -12/18/07
5. Records; Filing of Documents. EXHIBIT. C
Directs the documents to be filed of permanent record:
A) Certified copy of Council minutes calling for public hearing. (September 24, 2007)
B) Affidavit of notice of public hearing.
C) Certified copy of Council minutes showing record of hearing and adoption of resolutions.
(October 22, 2007)
D) Certified copy of Enabling Resolution No. 2007-86.
E) Certified copy of Allocation Resolution No. 2007-85.
F) Certified copy of Council minutes approving appointment of commissioner. (December 10,
2007.) Currently, not approved minutes.
G) Affidavit of posting of notice of organizational meeting of the EDA. (December 10, 2007.)
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CERTIFICATION ~~
STATE OF MINNESOTA
COUNTY OF WRIGHT
I, Jeff O'Neill, duly appointed, qualified, and acting City Administrator for the City of Monticello,
County of Wright, State of Minnesota, do hereby certify that I have compared the foregoing minutes relating to
calling for a public hearing for the consolidation of the HRA and EDA approved at a regular meeting of the
City Council held on September 24, 2007 and on file in the office of the City Administrator, and have found
the same to be a true and correct copy thereof.
Witness my hand and the official seal of the City of Monticello, this 11~ day of December, 2007.
Jeff O ,City Administrator
STATE OF MINNESOTA
COUNTY OF WRIGHT
The foregoing was acknowledged before me this ~ day of December, 2007 by Jeff O'Neill, City
Administrator on behalf of the City of Monticello.
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Signature of Notary
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~. DAWN M. GROSSINGEFZ
` NOTARY PUBLIC - MINNESOTA
` .,,;:~" My Commission Expires Jan. 31, 2~?'i0 ,a
--r>;;Y • a;~.: ~ ~
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Council Minutes: 9!24!07
• MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, September 24, 2007 - 7 p.m.
Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie
Wojchouski.
Members Absent: None
1. Call to Order.
Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The
Pledge of Allegiance was said.
2A. Approve minutes of September 10.2007 Regular Council Meeting
SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER
10, 2007 REGULAR COUNCIL MEETING. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
2B. Approve minutes of September 10, 2007 Special Council Meeting - Biosolids Workshop
• Tom Perrault noted a correction on page 1 stating that delaying the project 3-4 years could
result in an increase of $3,000,000 not $2,000,000.
TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 10,
2007 SPECIAL MEETING ON BIOSOLIDS WITH THE CORRECTION NOTED.
WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
2C. Approve minutes of September 12, 2007 Special Council Meeting -Budget Workshop
Tom Perrault noted his motion was to set the levy at $7,600,000 and the amount of difference
that the City would have to make up between the proposed levy and the adopted levy is
$200,000.
TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 12,
2007 SPECIAL COUNCIL MEETING ON THE BUDGET WITH THE CORRECTION
NOTED. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED
WITH WAYNE MAYER ABSTAINING.
3. Consideration of adding items to the agenda.
The following items were added to the agenda: 1) Council representative to attend Xcel
Emergency Exercise at Buffalo on November 6, 2007; 2) Calling for a hearing on the
consolidation of the EDA and HRA; advertising for members for the newly created board and
• appointing Sandy Suchy to the HRA on an interim basis; 3) Weeds on the east end of 7`I'
Street; 4) Use of Monte Club site and former bowling alley site; 5) Pedestrian traffic on
School Boulevard; and 6) Update on fiber optics.
Council Minutes: 9/24/07
4. Citizen comments, petitions, requests and concerns.
LeRoy Miller, outgoing Chairman of the Riverfest Committee expressed his appreciation for
the work the Streets, Parks and Water Department did to help prepare for Riverfest and for the
clean up work after the event. He also thanked the Council for their support of the
celebration.
Pat Holthaus spoke regarding the recently adopted rental housing ordinance. She stated that
the notice given regarding the informational meetings and public hearings didn't allow
sufficient time for someone out of the area to be able to attend. She stated that inspection fees
are taxes so the fees set by the ordinance increases her taxes but she is most concerned about
the required inspections. Her opposition to the inspections is based on 1) Rental property is
considered private property and the required inspection is a violation of the 4`~ amendment in
the Bill of Rights; 2) The inspection is of living conditions and not structural issues therefore
treating renters as second class citizens since single family homes are not inspected; 3) There
is a duplication of inspections and felt that taxpayers should not be subsidizing HUD
inspections; 4) These inspections could open the City up to lengthy litigation. She felt that
City employees should not be doing the inspections but that the City should contract with
outside firms for this work and 5) It does not focus on the problem rentals. Instead of
applying this to all rental properties she felt it would be more efficient if it was applied to
those properties that had problems such as having a certain number of police calls to the site.
Pat Holthaus offered the following amendments for the Council to consider:
• 1) Inspections not be done by city staff; 2) The basis for inspections should be reasonable
cause for suspicion or if there are excessive police calls to the site; 3) Grandfather in and
exclude from inspections those properties that have not had excessive police calls or other
problems and 4) Instead of annual inspections have the inspections every five years with the
first inspections to start in three years. Three years is adequate time to inform the tenant that
they are open to public inspection. She stated that the October 1 deadline of the ordinance is
fast approaching and she is asking that the Council take action on her request prior to that
time.
Gary Anderson, Chief Building Official responded that city staff has had discussions with Pat
Holthaus regarding the ordinance. If Pat Holthaus wishes to leave a copy of the letter he will
address her concerns one by one. Clint Herbst said it was unfortunate that the City had to put
this ordinance in place but it was necessary in order for the city to deal with problems relating
to rental properties. Pat Holthaus stated the focus should only be the problem housing. Joel
Jamnik, legal counsel, said the City needs their ordinance to apply to all properties that are
rental housing and setting the ordinance up to only focus on "problem housing" would open
the City up to legal challenges. Clint Herbst felt that contracting the inspection work would
be more expensive than having city staff do it.
Pat Holthaus reiterated that she is opposed to blanket inspections of property. Wayne Mayer
asked if she had expressed her comments at any of the public meetings on the ordinance. She
stated that being out of town she did not receive notice of the meetings far enough in advance
• to allow her to attend. Gary Anderson stated that he would address the concerns raised by
Pat Holthaus by letter rather than attempting to do so at this meeting.
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Council Minutes: 9/24/07
5. Consent Agenda
A. Consideration of ratifying hires/departures for MCC, Liquor Store and Parks.
Recommendation: Ratify the hires/departures as identified.
B. Consideration of approving monthly renewal of pawn shop license for Walt's Pawn
Shop. Recommendation: Approve the renewal of the pawn shop license for Walt's
Pawn Shop for another month.
C. Consideration of approving temporary liquor license for Hi-Way Liquors wine tasting
event. Recommendation: Approve a temporary liquor license for Hi-Way Liquors
for their wine tasting event to beheld on November 16, 2007 from 7 p.m. to 9 p.m.
D. Consideration of resolution declaring costs to be assessed, ordering preparation of
assessment rolls and setting date for public hearing to adopt assessments for Public
Improvement No. 2007-01 C, 2007 Street Reconstruction Program.
Recommendation: Adopt the resolution for the improvement project declaring the
costs to be assessed and setting the assessment hearing for October 22, 2007.
E. Consideration of resolution declaring costs to be assessed, accepting assessment roll,
and setting date for public hearing to adopt assessments for Public Improvement
Project No. 2006-31 C for the Reconstruction of Chelsea Road (Fallon Avenue to
CSAH 18). Recommendation: Adopt the resolution for the improvement project
declaring the costs to be assessed and setting the assessment hearing for October 22,
2007.
F. Consideration of resolution declaring costs to be assessed, accepting assessment roll
and setting date for public hearing to adopt assessments for Public Improvement No.
2006-02C for the reconstruction of Cedar Street (Chelsea Road to Dundas Road) and
the construction of Dundas Road (Cedar Street to Edmonson Avenue).
Recommendation: Adopt the resolution for the improvement project declaring the
costs to be assessed and setting the assessment hearing for October 22, 2007.
G. Consideration of adopting a resolution supporting a request for grant funds for the
ADA improvements to the Monticello Community Center. Recommendation: Adopt
the resolution supporting the request for EAID grant funds for ADA improvements.
H. Consideration of approving a request for a conditional use permit for a comprehensive
sign plan for acommercial/retail center in the Central Community District. Applicant:
Seluemed, LLC. Recommendation: Approve the request for a conditional use
permit for a comprehensive sign plan as presented, based on a finding that the
proposed signage is within the allowed parameters of the ordinance and consistent
with the conditions for approval.
I. Consideration of approving a conditional use permit for a joint parking arrangement
for a restaurant facility located at 242 West Broadway. Applicant: Master's Fifth
Avenue, Inc. Recommendation: Approve the request for a conditional use permit
Council Minutes: 9/24/07
for off-site parking for Landmark Square, based on a finding that the proposed
arrangement is consistent with the conditions of approval and will not have an adverse
affect on the surrounding area, subject to the following conditions: 1) The applicant
shall provide information on the hours of operation for all interested parties; 2) A
properly drawn legal instrument executed by the parties concerned for joint use of
off-street parking facilities shall be provided. Said legal instrument shall be approved
by the City Attorney, filed with the City Administrator and recorded with the County
Recorder at Wright County and 3) The applicant shall comply with all conditions of
previously approved permits as they relate to the site.
J. Consideration of approving a request for final plat for First Minnesota Bank
Commercial, a two lot commercial subdivision in the CCD. Applicant: First
Minnesota Bank: Recommendation: Approve the final plat for First Minnesota Bank
based on a finding that the plat is suited for the specific development needs of the
property and that all lots in the plat will continue to meet the City's zoning
requirements with approval conditioned on the following: a) Compliance with any and
all comments from MnDOT regarding the plat and b) Revision of easement to comply
with City ordinance.
K. Consideration of review of proposals for mill and overlay for the 4`~ Street Park
Parking Lot, City Project No. 2007-14C. Recommendation: Award the mill and
overlay project to the low proposal from Hardrives, Inc. of Rogers, MN in the amount
of $12,215.64 and move forward with the project for completion this year.
L. Consideration of accepting quotations and approving the purchase and installation of
an open air shelter in West Bridge Park. Recommendation: Proceed with the
original proposal brought to Council on August 27, 2007 of a 16' x 16' steel structure
installed by Flanagan Sales with the Parks Department responsible for the construction
of the concrete slab. The total cost would be $12,638.87 and the project would be
completed within 10-12 weeks from order with funds coming from the 2007 Parks
Budget.
M. Consideration of a request to amend Section 3-9[E] as related to the regulation of
signage in the Central Community District. Recommendation: Adopt the amendment
to Section 3-9[E] as related to the regulation of signage in the Central Community
District.
N. Consideration of canvass of special election results of September 18, 2007.
Recommendation: Adopt Resolution No. 2007-72 canvassing the election and
declaring the results of the September 18, 2007 special election.
O. Consideration of replacement of 1997Ford Ranger 4 x 4 pickup for the Construction
Inspection Department. Recommendation: Authorize the replacement of the 1997
Ford Ranger with a new pickup purchased from Polar Chevrolet on the state bid in the
amount of $20,000, with an outright sale of the Ford Ranger to the general public to be
determined at a later date.
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Council Minutes: 9/24/07
. P. Consideration of adding parking stalls and switching to angle parking adjoining the
north side of City Hall. Recommendation: Authorize the additional parking and
switching to much safer angled parking on the north side of City Hall at an estimated
cost of $5,440.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA CONSISTING OF
ITEMS #SA, #SB, #SC. #SD, #SF, #SG, #SI, #SJ AND #SN. WAYNE MAYER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
#SE Declaring costs to be assessed and setting hearing for Chelsea Road Reconstruction
Project, City Project No. 2006-31 C: Bret Weiss talked about the two assessment options
presented in the agenda item. Option 1 used the cost of $70/front foot plus the cost of curb
making a total cost per front foot of $80.70. However since the bids came in below the
engineer's estimate, a second option is being proposed which would reduce the street cost
from $70/front foot to $60/front foot. Including the cost of the curb, the rate under this
second option would be $71/front foot. Bret Weiss recommended going with $71/front foot
rate.
BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION FOR THE CHELSEA ROAD
IMPROVEMENT, CITY PROJECT N0.2006-31C DECLARING THE COSTS TO BE
ASSESSED, USING THE ASSESSMENT RATE OF $71/FRONT FOOT AND SETTING
THE ASSESSMENT HEARING FOR OCTOBER 22, 2007. CLINT HERBST SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
#SH Conditional Use Permit for a Comprehensive Sign Plan for a commerciaUretail center
in the CCD District: Wayne Mayer asked Steve Grittman whether the applicant has finalized
or clarified what type of message board was going to be utilized. Wayne Mayer wanted to
make sure he is not giving preliminary approval to some kind of video board. Steve Grittman
responded that that 30 square feet of 100 square feet of signage is message board but it was
not clarified as to what kind of technology it would be. The final plan has not been submitted.
Steve Grittman noted the current code does not prohibit or regulate digital display. The only
regulation relates to flashing signs. Wayne Mayer stated he doesn't have a problem with the
reader board but he has concerns about having a definition of a video board. Wayne Mayer
suggested tabling this until it is known exactly what is being presented. Steve Grittman said it
could be tabled or it could be approved with the condition that it is not a video board. Steve
Grittman said the technology Wayne Mayer is concerned about was not in place when the
ordinance language was written. Joel Jamnik, legal counsel, asked when the application had
been submitted. Steve Grittman said he would check this and if necessary they would issue a
60 day extension.
WAYNE MAYER MOVED TO TABLE ACTION ON THE REQUEST FOR A
CONDITIONAL USE PERMIT FOR A COMPREHENSIVE SIGN PLAN FOR
SELUEMED, LLC UNTIL THE TYPE OF ELECTRONIC MESSAGE BOARD THAT IS
• BEING USED IS CONFIRMED. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
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Council Minutes: 9/24/07
#S%Considerations of proposals for mill and overlay of 4t~` Street Park Parking Lot, City
Project No. 2007-14C: John Simola provided clarification on the scope of the project.
CUNT HERBST MOVED TO AWARD THE MILL AND OVERLAY PROJECT TO THE
LOW PROPOSAL FROM HARDRIVES, INC. OF ROGERS, MN IN THE AMOUNT OF
$12,215.64 AND TO MOVE FORWARD WITH THE PROJECT IN ORDER TO
COMPLETE IT THIS YEAR. BRIAN STUMPF SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
#SL Open air shelter at West Bridge Park: Wayne Mayer asked about the costs involved
with Alternative #3. Tom Pawelk indicated #3 had the cost of materials from a local lumber
yard. Tom Pawelk estimated costs, including labor and equipment, to be $10,000-$12,000.
It was noted that the cost of materials for the 18' x 18' shelter would be approximately $1,700
but if you had the cost of the concrete slab it would bring it up to $2,500. This price does not
include labor. Tom Pawelk noted if the parks staff does the construction, they will be taken
away from their other duties.
Susie Wojchouski questioned the purpose of the open air shelter especially since there is
already a gazebo and shelter at the park. Because this shelter is proposed to be located closer
to the playground equipment it was felt it would be used more. Tom Pawelk added that this
shelter could also be rented out. Wayne Mayer asked if the 16' x 16' steel structure would
be installed by the contractor or park staff. Tom Pawelk indicated the installation would be
done by the contractor. Wayne Mayer noted that there are probably a lot of contractors who
would be eager to build the shelter and it was suggested that the staff go out for bids on the
construction of an 18' x 18' wooden shelter. Tom Pawelk will get quotes from some of the
local contractors and bring it back to the Council.
SUSIE WOJCHOUSKI MOVED TO TABLE ACTION ON THE INSTALLATION OF AN
OPEN AIR SHELTER AT WEST BRIDGE PARK AND TO DIRECT TOM PAWELK TO
COME BACK TO THE COUNCIL WITH QUOTES FROM LOCAL CONTRACTORS TO
DO THE WORK. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
SM Ordinance amendment relating to Section 3-9[EJ regulating signage in the Central
Community District: Tom Perrault questioned provision #h in the existing ordinance which
states that signs shall not be internally illuminated but maybe externally illuminated. Steve
Grittman said the intention is that these signs be lit externally by flood lights. The Design
Advisory Team felt externally lit signs were more in keeping with the guidelines of the
Downtown Revitalization Plan. Clint Herbst said the downtown redevelopment is not
working that well and felt that there are some very attractive signs that are lit internally.
Brian Stumpf noted that the provision applies only for the signs that come out over the
sidewalk. Jeff O'Neill explained the signs are for pedestrians using the sidewalks and need
to be seen only for a short distance. Clint Herbst asked if there was anything in the ordinance
that prohibited the sign from extending out over the right-of--way. Susie Wojchouski asked if
the ordinance prohibited projecting signs along the TH 25 corridor. Steve Grittman
responded that there was some question whether the City could authorize extensions of signs
into MnDOT right-of--way.
6
Council Minutes: 9/24/07
Steve Grittman pointed out that the amendment is removing the restriction that allowed
projecting signs only in the Broadway Downtown District and would allow them anywhere in
the CC District. Susie Wojchouski questioned the 6 square foot area for the signs as she felt
the signs should be bigger. Jeff O'Neill said the area of the sign and the height the sign is
placed at is not meant to be attract vehicle traffic but pedestrian traffic. Wayne Mayer
expressed concern about there being a proliferation of signs. Clint Herbst pointed out that has
not been the case in the past. The projecting signs have always been allowed but the
restriction is that they can't be lit internally.
BRIAN STUMPF MOVED TO APPROVE THE ORDINANCE AMENDMENT FOR
SECTION 3-9[E] AS RELATED TO THE REGULATION OF SIGNAGE IN THE
CENTRAL COMMUNITY DISTRICT. SUSIE WOJCHOUSKI SECONDED THE
MOTION. MOTION CARRIED WITH TOM PERRAULT AND CLINT HERBST VOTING
IN OPPOSITION.
Wayne Mayer clarified that the amendment allows projecting signs in all of the CCD district.
#SO Replacement of 1997 Ford Ranger 4 x 4 pickup truck: Tom Perrault questioned
whether the City had looked at used vehicles. John Simola stated they had checked with
Ryan's in Buffalo, Gould's in Monticello and a dealership in Foley. The prices for used
vehicles ranged from $16,000 to $19,000. At those prices staff didn't think it paid to buy a
used vehicle. The City would be saving a little less than $2,000 by going with a smaller
vehicle. The vehicle they are looking at is an extended cab with a door that opens in the back.
• The new vehicle would be %2 ton or another smaller pick up. Brian Stumpf questioned if a
smaller truck would meet the needs for what the truck is used for. He asked about the price
difference between the 2007 and 2008 models. John Simola indicated there was very little
price difference. John Simola said when they go on the state bid they take that bid to the local
dealers to see if they can match it. John Simola said they spent a good deal of time coming
up with quotes and price comparisons. The motor in the old truck is not repairable and staff
felt they might get $1,000 for the vehicle if sold to the public.
TOM PERRAULT MOVED TO AUTHORIZE THE REPLACEMENT OF THE 1997 FORD
RANGER WITH A NEW PICKUP PURCHASED FROM POLAR CHEVROLET ON THE
STATE BID IN THE AMOUNT OF $20,000 WITH THE OUTRIGHT SALE OF THE
FORD RANGER TO THE GENERAL PUBLIC AT A DATE TO BE DETERMINED
LATER. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED
WITH WAYNE MAYER VOTING IN OPPOSITION.
#SP Consideration of adding parking stalls and switching to angle parking adjoining the
north side of City Hall: Tom Perrault questioned the cost ($5,440) for adding just five more
stalls. He wanted to know who used this parking. John Simola said the spaces would be used
by the Sheriff s Department and Public Works employees who come to City Hall for
meetings, etc. Community Center employees park on the pavement before and after the
loading zone. Brian Stumpf said he agreed with Tom Perrault about the cost and suggested
that the people who would be utilizing the proposed new stalls use the parking space at the
fire hall instead especially if it was short time parking. There was discussion on the problem
with parking spaces. There is limited parking area and limited space making entering and
exiting parking spaces difficult.
7
Council Minutes: 9/24/07
WAYNE MAYER MOVED TO MAKE NO CHANGE TO THE PARKING AT THE CITY
HALL. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
7. Consideration of vacating a portion of Fallon Avenue right-of-way located iust south of
Chelsea Road and authorize associated land exchan a to accommodate road
realignment.. City Proiect No. 2006-31C.
Bret Weiss explained that at a previous meeting the Council conducted a public hearing on the
vacation of a portion of Fallon Avenue right-of--way. At that time the approval of the vacation
was tabled to allow the City attorney to research ownership of the underlying property. The
City Attorney in his review has indicated the City is the fee owner of the property and can
transfer theright-of--way to WCG Building Partners, LLC. In exchange for the Fallon Avenue
right-of--way WCG Building Partners will give the City 2,793 square feet ofright-of--way for
Chelsea Road. WCG is also making improvement to their building and parking lot. Bret
Weiss was asking that the Council complete the action vacating a portion of Fallon Avenue
right-of--way.
BRIAN STUMPF MOVED TO VACATE THE PORTION OF FALCON AVENUE
RIGHT-OF-WAY AS SHOWN ON THE EXHIBIT FROM WSB DATED 6/21/07 AND
AUTHORIZE THE LAND EXCHANGE NECESSARY TO ACCOMMODATE ROAD
REALIGNMENT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
8. Consideration of discussion on direction for a proposed amendment to the Monticello
city Ordinance regulating snowmobiling.
Brian Stumpf stated he had received a number of phone calls from people who wanted to
comment on the snowmobile issue but were not able to attend the meeting tonight and he
would like the Council after discussion of the item table it so that these individuals would
have an opportunity to speak.
Tom Moores, Street Superintendent reviewed the contents of the City's existing ordinance.
Currently snowmobiles are prohibited in the following areas: 1) Boulevards within public
right of way; 2) Private property without the owner's consent; 3) School property; 4) Public
property including parks; 5) Sidewalks or pathways; 6) Roadway, shoulder, or inside bank or
slope of any city trunk, county state aid or county highway; 7) Highway directly abutting a
public sidewalk or walkway and 8} Interstate highway or freeway. Basically snowmobile use
in the City is limited to traveling from a residence to a trail connection. Additional
snowmobile restrictions include no operation between 11:00 p.m. and 7:00 a.m. within 300
feet of a residence and at a speed not greater than 15 mph.
In reviewing ordinances from other communities, it was noted that most communities allow
snowmobile use within the city but with restrictions. Since MnDOT has a designated river
crossing in this area, staff felt the City's ordinance should allow access to that crossing.
8
Council Minutes: 9/24/07
. Brian Stumpf asked how many snowmobilers know if a road is a County State Aid Highway?
Tom Moores said the average snowmobiler is not aware of that. Brian Stumpf asked if there
is a designated snowmobile route, would it be signed. Clint Herbst felt it was unfair that a
few snowmobilers who chose to ignore the regulations and operate their vehicle without
concern for the property and welfare of others should wreck it for those who are responsible
operators. Clint Herbst felt the question was how the City could enforce their existing
ordinance. Tom Moores said they have discussed this with the Sheriff's Department and the
Sheriff s Department indicated they are willing to do more patrols within the City. Susie
Wojchouski asked how severe the problem was. Tom Moores said last year 6 complaints
were sent to the Sheriff's Department and the previous year 14 complaints were forwarded.
Wayne Mayer noted that a lot of people won't complain although there is a problem. He felt
that perhaps the problems are created by the younger drivers who don't know the ordinance
regulations
Dane Hasbrouck, 12108 Aetna Avenue North, is a member of the snowmobile club and trail
administrator for the Wright County Club. He noted there is currently a designated trail that
is signed that goes through Monticello. He added that the next closest river crossing is in
Royalton. He indicated Martha Reger from the DNR would be willing to meet with the City
and the snowmobile club on this issue since this is a regional corridor.
Clint Herbst asked what the City could do to take care of the violators adding that residents
whose yards and plantings are torn up by snowmobiles want to see something done to stop
that activity. Dane Hasbrouck stated there is some conflict involved because you have to
confront the violators and make them accountable for their actions. He said he has personally
tracked a violator down to get the snowmobile registration number so it can be reported. He
also felt education was important. The word needs to get out where trails are and what
activities are allowed.
Clint Herbst questioned whether they could get a list of snowmobile licensees and send a
letter and map out to them as means of getting the information out to the people who are
snowmobilers. He felt it was important for the City to work on this aspect of it. He felt it
should be brought up at a Police Commission meeting. Tom Moores indicated it had come
before the Police Commission and the Sheriff s Department indicated their willingness to do
some extra patrols.
Kelly Sinclair, 6545 East Oak Drive stated the snowmobile club he belonged to at Circle
Pines worked with the Police Department to patrol the trails. They were given phones to
contact the Police when they observed violations. Brian Stumpf noted that Circle Pines had
their own police department but felt this was something that should be brought up to Wright
County. They felt extra patrols during holiday breaks and weekends might help curb the
problem.
It was noted all children from the age of 12 and up have to go through snowmobile training.
Chris Tarvestad, 6701 East Oak Drive noted that in 1977 the laws affecting snowmobiles
changed. He indicated that on the trail in Zimmerman there was a bright orange sign that said
. "No Snowmobiling" and then an arrow directing the snowmobilers where to go. Clint Herbst
suggested that Tom Moores attend one of the meetings of the snowmobile clubs. It was felt
by those present that the existing route is not clear or well signed.
9
Council Minutes: 9/24/07
Martie Posthumus, 9985 Aetna Avenue is secretary of the Wright County Snowmobile
Association. He stated the snowmobile club has in the past worked with the City. They have
signs at the entrances to the City and at the river crossing. They do this on a volunteer basis.
He felt more and bigger signs would be help the situation. He also felt there should be a route
that is more permanent and not subject to frequent changes.
SUSIE WOJCHOUSKI MOVED TO NOT CHANGE THE CURRENT ORDINANCE
REGULATING SNOWMOBILE USE AND ENCOURAGE TOM MOORES AND JOHN
SIMOLA TO WORK WITH THE SNOWMOBILES CLUB ON ADDITIONAL SIGNAGE
AND GET INFORMATION OUT ABOUT THE DESIGNATED SNOWMOBILE ROUTE.
TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
There was additional discussion about getting information out. It was suggested having
something in the newsletter. It was also suggested that Tom Moores follow up with the
snowmobile clubs on enforcements measures.
9. Consideration of making an interim appointment to the Housing and Redevelopment
Authori
It was noted that in addition to making an interim appointment to the HRA, the Council
should also call for a public hearing on October 22, 2007 for the consolidation of the
HRA/EDA.
BRIAN STUMPF MOVED TO CALL FOR A PUBLIC HEARING ON OCTOBER 22, 2007
FOR THE CONSOLIDATION OF THE HRA/EDA AND TO APPOINT SANDY SUCHY
TO SERVE ON THE HRA BOARD IN THE INTERIM. SUSIE WOJCHOUSKI
SECONDED THE MOTION CARRIED UNANIMOUSLY.
Jeff O'Neill asked if the Council wanted to advertise for commissioners to serve on the
merged board. The Council felt it would be better to wait with that until after the merger has
taken place.
10. Consideration to review a report on the Groveland buffer yard and to consider
authorization of the funding program for the Groveland buffer yard planting.
Jeff O'Neill reported that city staff and Northwest Associated Consultants had worked hard to
come up with a planting plan to complement what the bowling alley had done. The proposed
plantings are half on the developer's side and half on the residential development side. The
buffer yard for the residential area was not put in when the residential area was developed.
Hindsight shows the trees should have been put in at that time. Instead of requiring the
developer to put in the plantings, the City took money. The City is proposing to use those
funds to pay for the plantings now. Staff is in the process of getting right-of--entry forms from
the residents for the planting. Jeff O'Neill noted that most of the property owners are
agreeable to the plan the City is trying to execute. Staff is asking to proceed with those
property owners who indicate they want the trees planted. Staff will betaking funds from a
developer deposit to supplement the Groveland planting. Bruce Westby noted that are some
drainage issues in the area of Taco Johns and the bowling alley that the City is working on
10
Council Minutes: 9/24/07
with the developer. Wayne Mayer asked about the funds being taken from another
• developer's deposit. Jeff O'Neill said those were penalty dollars and could be used any place
within the City.
Sean Fogarty, 3608 Redford Lane said he has not met anybody who felt it was a great
solution. He said Bruce Westby stated he would be contacting him after the stakes were
placed but he has not heard back from him. He stated that the information he received from
Community Development about the right-of--entry form indicated that the form must be
returned by Wednesday. He said he doesn't want to sign either of the forms since he doesn't
know whether he will accept the trees being placed as marked. In addition since there is
potential that trees could die he was reluctant to accept the responsibility for them. John
Simola said there is a one year warranty on the trees planted. John Simola said the bowling
alley is going to seed and sod their site next week and the City doesn't want to access through
the front yard of the residents for tree planting. Sean Fogarty questioned how this information
was distributed and the limited amount of time the homeowner had to respond. Jeff O'Neill
said he didn't review the letter before it went out but he felt that if someone couldn't respond
within the time frame, the City would allow some flexibility on this. Bruce Westby stated he
hadn't reviewed the letter either but agreed the City has the discretion to make exceptions to
the time frame noted. He added he would be meeting with the property owners in the area on
Tuesday regarding the staking.
Wayne Mayer asked if the planting plan in the agenda packet was an exact depiction of what
was going on the lot. John Simola said it was and added that some of the lots will have four
• trees and others three.
Sean Fogarty also had concerns about the buffer yard because it abuts a commercial use. He
questioned the difference between a buffer yard and required screening yard. He was
informed that because this was commercial and not industrial the screening yard was not
required. Sean Fogarty quoted a section the ordinance that he felt indicated otherwise. He
was also told that at maturity the screening would provide 90% opaquity. He noted there was
no time line offered in the ordinance but was told the maturity of these trees would meet the
requirements. He felt the zoning ordinance should be followed and in this case following the
ordinance means more would need to be done. He felt looking at the backside the bowling
alley structure was an eyesore. He stated he knew the use of the site would be commercial but
his realtor told him there would be a barrier separating the uses. He was also concerned that
there was nothing to prevent access to his property from behind the bowling alley.
Wayne Mayer asked what does Sean Fogarty expect the City or property owner to put in that
would appease him. Sean Fogarty said he expected a barrier and fence or trees that are big
enough to form a barrier. He was told nothing could be done and he was told he could put up
his own fence. He felt a 6' high fence would be sufficient. He noted there are a lot of safety
concerns about access to his property and there is also the garbage and debris from the
bowling alley site coming onto his property. Wayne Mayer asked Steve Grittman about the
bowling alley parking up against the residential lot and if it was typical to put a parking lot
this close to residential property. Steve Grittman said it was not atypical but the question was
• how to create separation between uses which is why the buffer yard is in the ordinance. He
noted that a 6' evergreen is the standard planting size. Since there was no conditional use
permit, staff could not place any additional requirements as far as landscaping or screening.
11
Council Minutes: 9/24/07
• Sean Fogarty asked if buffer yard and required screening are the same thing. Steve Grittman
said the buffer yard specifies what screening means. Wayne Mayer asked about the size of
the berm. Bruce Westby indicated there is no berm. There is however a slope from the edge
of the parking lot to the back yards of about 2-3 feet.
Sean Fogarty said the people living close to the main entrance will have headlights that will
come into their windows. Wayne Mayer said this issue needs to be looked at again especially
with the headlights. Sean Fogarty said at the informational meeting there was discussion of a
berm and 2 rows of 8'-10' trees and that is not what is being put in. Jeff O'Neill asked about
adding a fence at the end of the parking lot to cut off the headlights with the idea of cutting
off the headlights before the lights get out of the parking lot. Jeff O'Neill suggested going
ahead with the tree planting and look at options to resolve the headlight glare. Susie
Wojchouski asked if the City would be putting the fence in. She did not feel the fence was
the City's responsibility.
BRIAN STUMPF MOVED TO AUTHORIZE USE OF $8,300 FROM TREE PLANTING
ESCROW TO FUND GROVELAND BUFFER YARD PLANTINGS AS A MINIMUM
AND TO LOOK AT OPTIONS TO ADDRESS THE GLARE FROM HEADLIGHTS
COMING FROM THE PARKING LOT. WAYNE MAYER SECONDED THE MOTION
EMPHASIZING BRIAN STUMPF'S STATEMENT THAT THIS IS WHAT THE CITY
DOES AS A MINIMUM. MOTION CARRIED UNANIMOUSLY.
• 11. Consideration of action regarding the proposed New Public Works Facility, City Proiect
No. 2006-14C resulting from the earlier workshop.
This item was addressed at the workshop held prior to the meeting. It was reported that
signage on one of the properties in question had been removed.
Added Items
Xcel Emergency Exercise: Tom Perrault will be attending the exercise being held Tuesday,
November 6, 2007 at Buffalo. Susie Wojchouski would be an alternate if Tom is unable to attend.
Weeds: Susie Wojchouski brought up the issue of weeds in the area of 7~' Street by St. Benedict's,
the Catholic Church and Home Depot. John Simola will check into this.
Monte Club site%Id bowling alley site: Tom Perrault questioned whether the City had come up with
any proposed use for either of these facilities. Jeff O'Neill indicated that the Monte Club site would
be looked at when the comprehensive plan update was completed. John Simola said the old bowling
alley site has limited use for equipment storage. Clint Herbst felt the bowling alley site might be
looked at as a redevelopment project.
Pedestrian Traffic on School Boulevard: Tom Perrault had observed the pedestrian traffic on
School Boulevard. He noted there were no children crossing the sidewalk down by the houses
• directly across from the high school on Friday and only child crossing there today. Only half
of the kids walk in the designated crosswalk. He didn't feel the bumpout should be placed there since
they are not serving that many kids. Clint Herbst suggested getting the school involved in watching
12
Council Minutes: 9/24/07
• the pedestrian traffic patterns in that area. Bruce Westby responded that WSB & Associates had
done a study on pedestrian activity and pedestrian improvements in that area. It was pointed out that
pedestrian numbers fluctuate. In further discussion of the area it was noted that Chelsea Road is
expected to open at the end of October. Tom Perrault asked about making turn lanes into the school
and into the Cardinal Hills development. Bruce Westby felt there could be left turn lanes by Eider
and the school between the bumpouts. Council felt this was something that could be looked at by
staff over the winter.
Fiber Optics: Wayne Mayer thanked all those residents who got to vote on the referendum. The
Fiber Optics committee has received a lot of congratulatory notes from the other cities, the county
And the state. The Fiber Optics committee is going out to the public to come up with a new name for
the municipal fiber optics enterprise. The deadline for submitting a name is October 8, 2007. For
more information residents can contact: www.monticellofiberoptics.com
Parking: Brian Stumpf asked if the parking was going to be restricted to just one side of the street
on Hillcrest Road. John Simola indicated that is the case.
12. Consideration of approvin8 payment of bills for September, 2007.
TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. BRIAN STUMPF
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
13. Adiourn.
The meeting was adjourned at 9:35 p.m.
Recording Secretary
•
13
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1"I City of Monticello
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that
the City Council of the City of
Monticello will meet on Monday,
October 22, 2007 at 7:00 p.m. in the
Council Chambers at City Hall, 505
Walnut Street, Monticello, Minnesota,
AFFIDAVIT OF PUBLICATION to conduct a public hearing on the
question of adopting an enabling reso-
lution and modifying an ordinance
establishing an Economic
STATE OF MINNESOTA) Development Authority (EDA) for the
SS. City pursuant to Minnesota Statutes,
COUNTY OF HENNEPIN) Chapter 469 (the "AcY').
Summary of Enabling_Resolution
The enabling resolution states that
the purpose of the EDA is to coordi-
Bruce Treichler, being duly sworn on an oath, states or Hate and administer all economic
affirms that he is the Publisher of the newspaper known development and redevelopment
activities of the City. The resolution
as Monticello Times and has full knowled a of the facts
9 recites the dates of Imtlal establish-
whlCh are Stated. belOW. ment and modification of the EDA, and
states that the Council has determined
(A) The newspaper has complied with all of the require- that it is prudent for the enabling reso-
ments constituting qualification as a qualified news- lution to supersede the initial enabling
ordinance and all prior modifications.
paper as provided by Minn. Stat. § 33iA.02,
The EDA will be governed by a 7-
331A.07, and other a Ilcable laws as amended.
§ pp member board of commissioners
(B) The printed public notice that is attached was pub- byPne ci y co h ciM At leastl2 Comm sa
lished in the newspaper once each week for two sinners must be members of the City
successive week(s); it was first published on Council. Certain EDA activities will be
subject to review and approval by the
Thursday, the 11 day of October City Council, and certain other limita-
2007, and was thereafter printed and published on tions will apply to the EDA.
every Thursday to and including Thursday, the The EDA will have all the powers
18 day Of October , 2007; and printed given to an economic development
below is a copy of the lower case alphabet from A to authority under the Act, including the
Powers of a housing redevelopment
Z, both inclusive, which is hereb acknowled ed as
Y _ 9 authority under Minnesota Statutes,
being the size and kind of type used in the composi- sections 469.001 to 4ss.o47; and of a
tjon and publication of the notice: city under Minnesota Statutes,
Sections 469.124 to 469.134.
abcdefghijklmnopgrstuvwxyz H arin
At the public hearing any person
wishing to express a view regarding
the enabling resolution will be heard
By_ orally or in writing. At the conclusion of
the hearing or any adjournment there-
Title: Publisher of the City Council will take whatever
action it deems necessary with regard
to the enabling resolution. A copy of
Subscribed and sworn to or affirmed before me the full text of the enabling resolution Is
on file for public inspection In the office
on this 18 day of October , 2007. of the City Administrator at Ciry Hall
during normal business hours.
BY ORDER OF THE CITY COUNCIL
City Clerk
October 11
2007
D
ted
,
a
:
Notary UbIIC (Oct. 11 & 18, 2007) mt-PHN HRA-
EDA consolidation
MARY ANN CARLSON
NOTARY PUBLIC -MINNESOTA
MY COMMISSION EXPIRES 11-08
RATE fNFORMATION
Lowest classified rate paid by commercial users
$ 2.85 per line for comparable space
(2) Maximum rate allowed by law for the above matter
$ 6.20 per line
(3) Rate actually charged for the above matter
$ 2.13 per line
~~~
CERTIFICATION Q~
`~~
STATE OF MINNESOTA
COUNTY OF WRIGIiT
I, Jeff O'Neill, duly appointed, qualified, and acting City Administrator for the City of Monticello,
County of Wright, State of Minnesota, do hereby certify that I have compazed the foregoing minutes relating to
the public heazing on the Monticello Economic Development Authority approved at a regulaz meeting of the
City Council held on October 22, 2007 and on file in the office of the City Administrator, and have found the
same to be a true and correct copy thereof.
~..
Witness my hand and the official seal of the City of Monticello, this ~~ day of December, 2007.
Jeff City Administrator
STATE OF MINNESOTA
• COUNTY OF WRIGIIT
~-~-
The foregoing was acknowledged before me this~l day of December, 2007 by Jeff O'Neill, City
Administrator on behalf of the City of Monticello.
~,~
Jia'r_ f ~?~
SOT,a '~
;1, ~C10
Signature of Notary
.. ~~,
'.. DAWN M. GROSSI
` NOTARY PUBLIC - P~11NiVC
:~„~:~° My Commission Exoirps.,~n
- v
r:
Council Minutes: 10/22/07
MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday October 22, 2007 - 7 p.m.
Members Present: Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski.
Members Absent: Clint Herbst
1. Call to Order and Pledge of Allegiance
Acting Mayor Stumpf called the meeting to order at 7 p.m. and declared a quorum present.
The Pledge of Allegiance was said.
2A. Approve minutes of October 8.2007 Regular Council Meeting.
SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE OCTOBER 8,
2007 REGULAR COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
2B. Approve minutes of October 8, 2007 Special Council Meeting.
Tom Perrault noted that meeting adjourned at 6:55 p.m.
• TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 8, 2007
SPECIAL COUNCIL MEETING WITH THE CORRECTION NOTED. SUSIE
WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
2C. Approve minutes of October 4, 2007 Special Council Meeting -Public Works Facility
SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE OCTOBER 4,
2007 SPECIAL COUNCIL MEETING RELATING TO THE PUBLIC WORKS FACILITY.
TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
3. Consideration of adding items to the agenda.
Wayne Mayer indicated that review of the consultants would be considered at the next
Council meeting. Approval of a business name for the City's fiber optics entity was added to
the consent agenda as item #SK.
4. Citizen comments, petitions, requests and concerns.
No one spoke under citizens comments.
5. Consent Agenda:
A. Consideration of ratifying hires and departures MCC and Liquor Store.
• Recommendation: Ratify the hires/departures for MCC and Liquor Store.
Council Minutes: 10/22/07
B. Consideration of monthly renewal of pawn shop license for Walt's Pawn Shop.
Recommendation: Authorize the City Attorney to initiate license revocation process
on Walt's Pawn Shop.
C. Consideration of appointment of Tom Kelly as Monticello Deputy Registrar 002
subject to approval by the State of Minnesota. Recommendation: Appoint Tom
Kelly as Deputy Registrar 002 subject to approval by the state.
D. Consideration of approving renewal of currency exchange license - Wal-Mart.
Recommendation: Approve renewal of the currency exchange license for the
Wal-Mart store located at 9320 Cedar Street.
E. Consideration of ratification of union contract. Recommendation: Approve the union
contract as revised for the two year period from Apri12007 to April 2009.
F. Consideration of approving donation from Land of Lakes Choirboys for MCC and
Fire Department. Recommendation: Adopt Resolution No. 2007-80 approving the
contribution and authorizing the use of funds as specified by the donor.
G. REMOVED FROM THE AGENDA.
H. Consideration of approving a request for a preliminary plat and a conditional use
permit for development stage PUD approval for amulti-tenant office complex.
Applicant: Quad Development. Recommendation: Approve the development stage
planned unit development and preliminary plat approval for Quad Development based
on a finding that the proposed use is consistent with the performance standards of the
B-4 District and in character with the surrounding area subject to the following
conditions: 1) All wall mounted lighting shall contain a full cutoff fixture; 2) All trash
enclosures shall be of similar materials and color to those of the principal structures;
and 3) The applicant shall comply with all recommendations of the City Engineer as
outlined in the memo from Bruce Westby dated September 25, 2007.
I. Consideration of approving selection of an audit firm to provide audit services to the City
for years 2007, 2008 and 2009. Recommendation: Approve the contract with MMKR for
audit services for the years 2007, 2008 and 2009.
J. Consideration of approval of Co-location Agreement. Recommendation: Approve the
agreement with AGL Consulting to provide a fiber optic connection to the 511 Building in
Minneapolis with the City providing a location for fiber optic equipment and award the
contract for the interconnection as quoted in Route #2 with 36-count fiber optic cable to
Michels Communication at a cost not to exceed $35,000.
K. Consideration of approval of a business name for the City fiber optics entity.
Recommendation: Approve "FiberNet Monticello" as the name of the business entity for
the Monticello fiber optics system.
. While #SF was not removed from the consent agenda, Wayne Mayer did want to take the
opportunity to thank the Land Of Lakes Choirboys for their continued and generous support
of the Fire Department and Community Center.
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WAYNE MAYER MOVED TO APPROVE THE CONSENT AGENDA OF ITEMS #SA,
#SB, #SC, #SE, #SF, #SI AND #SJ. SUSIE WOJCHOUSKI SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
#SD Approval of renewal of currency exchange license - Wal-Mari Tom Perrault requested that
this item be removed from the consent agenda so he could abstain from voting.
SUSIE WOJCHOUSKI MOVED TO APPROVE THE RENEWAL OF THE CURRENCY
EXCHANGE LICENSE FOR WAL-MART AT 9320 CEDAR STREET. WAYNE MAYER
SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT ABSTAINING.
#SHApprove preliminary plat and conditional use permit for development stage planned unit
development for amulti-tenant office complex -Quad Development:
Tom Perrault asked for a summary of what had taken place at the special Planning Commission
meeting held prior to the Council meeting. Steve Grittman stated that the Planning Commission
had recommended approval as presented. This approval included a free standing sign slightly
larger than what the ordinance allows but the applicant did not have any pylon signs and less wall
signage. Susie Wojchouski noted in the agenda item the location of the site was incorrectly
identified as east of the Autumn Ridge development. Tom Perrault asked how it was determined
how many handicapped parking stalls each of the five buildings would receive. Steve Grittman
responded that the number of handicapped stalls needed is based on the total parking spaces and
the developer could select the placement of them.
SUSIE WOJCHOUSKI MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE
PERMIT FOR A DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT FOR FNE MULTI-TENANT OFFICE BUILDINGS FOR QUAD
DEVELOPMENT BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT
WITH THE PERFORMANCE STANDARDS OF THE B-4 DISTRICT AND IN CHARACTER
WITH THE SURROUNDING AREA, SUBJECT TO THE FOLLOWING CONDITIONS: 1}
ALL WALL MOUNTED LIGHTING SHALL CONTAIN A FULL CUTOFF FIXTURE; 2) ALL
TRASH ENCLOSURES SHALL BE OF SIMILAR MATERIALS AND COLOR TO THOSE OF
THE PRINCIPAL STRUCTURES AND 3) THE APPLICANT SHALL COMPLY WITH ALL
RECOMMENDATIONS OF THE CITY ENGINEER AS OUTLINED IN THE MEMO FROM
BRUCE WESTBY DATED SEPTEMBER 25, 2007. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
#SK Business name for the City fiber optics entity:
The Fiber Optic Committee was requesting approval of a business name for the fiber optic system.
Wayne Mayer said this step is necessary for getting the bonding package in place and doing
marketing for the fiber optic system. Wayne Mayer went on to explain the rationale the Fiber
. Optics Committee used in selecting the name.
WAYNE MAYER MOVED TO APPROVE "FIBERNET MONTICELLO" AS THE NAME OF
THE BUSINESS ENTITY FOR THE MONTICELLO FIBER OPTICS SYSTEM. SUSIE
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WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
7. Public Hearing_and consideration of adoating assessment Core Street Reconstruction
Program, City Project No.2007-O1C.
Consulting Engineer, Bret Weis gave a presentation on the assessment for the 2007-0 l C Core
Street Project. This project covered the remaining part of Area #3 in the overall street
reconstruction program. The improvements to this area included storm sewer, street
reconstruction and widening of River Street, Hillcrest Drive and Hillcrest Road. Sidewalk was
constructed on the south side of River Street from approximately Craig Lane to the Montissippi
Park entrance. In addition the project included construction of a parking lot at Hillcrest Park.
Bret Weiss then reviewed project costs and assessments. The total project cost was $1,599,578
with assessments to the property owners accounting for $356,104. The balance of the cost was
covered by street funds, state aid funds, trunk utility funds and park funds. Bret Weiss added that
the costs were less than the estimate contained in the feasibility report. The cost for street
reconstruction was $3,300 for a residential unit and sidewalk was $228.65 per unit. The sidewalk
assessment is in keeping with the City's policy of assessing 25% of the cost with the City to pick
up the remaining 75%. Kenneth Lane which received a mill and overlay and not a full street
reconstruction was assessed 50% of the cost or $1,484.25/per unit.
In previous action, the Council had set the policy that properties with multiple driveways would
not be assessed a full unit for each driveway. Instead any combination of driveways in excess of
24 feet would be assessed for the extra cost of restoring anything over 24 feet. Bret Weiss pointed
out that because the properties at 126 Hillcrest Road and 1401 Hilltop Drive could be subdivided
they were assessed two street units with the second unit of street assessment being deferred until
such time as the property was divided. Additional driveway work requested by property owners
was also assessed back against the properties that had requested the work.
The proposed assessment for the Rod and Gun Club was reviewed. Initially it was proposed to
assess the property as non-residential property. The Council determined this property could be
handled in a manner similar to the Ritze property, which likewise had anon-residential use. The
Ritze property was assessed based on the number of residential units that could be created from
the site with an agreement that if the property developed at a greater density than assessed,
additional assessments would be collected. The question that the Council would need to address is
whether the assessment for the Rod and Gun Club should be based on three units or five units.
Brian Stumpf asked about the "No Parking" signs for Hillcrest Road. It was his recollection that
the "No Parking" signs would be on the east side of Hillcrest Road. Public Works Director, John
Simola stated the policy they followed was that on north-south streets there is no parking on the
east side and on east-west streets there is no parking on the south side. Brian Stumpf felt for
Hillcrest Road all the signage should be on one side of the street. Wayne Mayer agreed that the
signing should be uniform. John Simola pointed out that with current standards if the street width
is 28 feet then parking is restricted to one side of the street.
Tom Perrault questioned the sidewalk assessment and asked if it was consistent with what was
done in previous reconstruction projects. Bret Weis indicated it was and that the 25% of the cost
of the sidewalk was assessed to properties even if they didn't abut the sidewalk.
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Acting Mayor Stumpf opened the public hearing. Tom Bose who was the construction observer
on the project for the City spoke representing the Rod and Gun Club. He briefly reviewed the
proposed assessment and argued that based on the frontage of the property on River Street and
with a residential lot frontage of 80 feet, the Rod and Gun Club should be assessed for three lots
and not five lots. The side of the property that abuts the entrance to Montissippi Park should not
be included in the lot calculations for this project. At the point where the park entrance becomes a
city street and is improved the Rod and Gun Club would be facing an assessment based on the
footage they have on that street. If the property does develop at a density greater than the units
assessed, the excess density would be assessed at the rate that is in effect at the time the property
develops.
A property owner on Kenneth Lane asked if the assessment on Kenneth Lane was just mill and
overlay or did it include sidewalk. Bret Weiss indicated the assessment included sidewalk.
Acting Mayor Stumpf closed the public hearing. Brian Stumpf commented that the informational
meetings went a long way in helping the property owners understand the assessment process. Bret
Weiss complimented Tom Bose on his inspection work on this project.
In further discussion the Council determined the Rod and Gun Club should be assessed for three
lots with the remaining lots to be assessed at the rate in effect at the time the property develops.
WAYNE MAYER MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE CORE STREET
RECONSTRUCTION PROGRAM, PROJECT NO. 2007-01 C WITH THE ROD AND GUN
CLUB PROPERTY RECEIVING AN ASSESSMENT FOR THREE LOTS AND WITH AN
AGREEMENT THAT IF THE PROPERTY DEVELOPS AT A DENSITY GREATER THAN
THREE UNITS, THE ADDITIONAL LOTS WOULD BE ASSESSED AT THE RATE THAT IS
IN EFFECT AT THE TIME OF DEVELOPMENT. SUSIE WOJCHOUSKI SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
The parking in this area will come back to the Council for consideration after there is additional
staff review. Wayne Mayer asked if the Fire Department had any preference in how the parking is
restricted. Brian Stumpf responded they did not care as long as they had access to the fire
hydrants.
8. Public Hearing and consideration of adopting assessment for Chelsea Road Improvements.
City Project No. 2006-31C.
Bret Weiss provided background information on the scope of the project and the proposed
assessment. He noted that the project is still under construction but that the Council in the past has
taken the position that projects should be assessed, if possible, in the year they are constructed.
He noted that this project was required as part of the interchange improvement. The project
reconstructed Chelsea Road to a 44' urban section design and re-aligned the intersection of
Chelsea Road and Fallon Avenue. The project also included storm sewer construction, turn lanes
for the proposed Mills Fleet Farm development and street lighting. The cost of the turn lanes is
being charged against the Mills Fleet Farm property.
The estimated construction cost of the project is $2,612,343. Assessments will pick up
approximately $1,420,423 of the cost with the trunk funds and general fund covering the balance.
The rate for the roadway assessment is $70.70/per front foot and the storm sewer rate was
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$9,280.33 per acre. The pathway and street lighting costs were covered in the development
agreement with Monticello Industrial Park.
Bret Weiss noted the rain had slowed down the progress of the project but he felt with weather
permitting the work would be done yet this fall. However it is proposed that the pathway will not
be done until next year.
Acting Mayor Stumpf opened the public hearing. Don Tomann of UMC, 500 Chelsea Road
asked if the Council had received the letter from Mike Pudill of WSI Industries. The Council
acknowledged receipt of Mr. Pudill's letter. Don Tomann stated there is no benefit from this
project for the owners who are there currently. WSI and UMC were built in 2002 and
improvements of approximately $50,000 were made then to handle storm water runoff. They were
directed by the City to drain to the south side. He didn't see the road improvements as being
required for their property. Don Tomann was making an oral objection that corresponds to Mike
Pudill written objection. Don Tomann was requesting their properties be taken off the assessment
roll or table the assessment and meet with the property owners on this. He also asked that the City
look at the slope of the entrances to his property. He is concerned about the amount traffic on the
road and the increase in traffic when Mills Fleet Farm develops.
Bret Weiss addressed the storm sewer issue stating the City looked at the water that runs to the
street. If properties do not drain to the street they would be taken off the assessment roll for storm
sewer cost. Bret Weiss noted that 80% of the property is being developed so there would be an
increase in traffic regardless of what went into the area. Bret Weiss said it was always intended
• that the road would be upgraded to some level.
Don Tomann said he didn't want the point he and Mike are trying to make to get lost. The focus
for that significant amount of improvement was for Mills Fleet Farm coming. Don Tomann
understood that all the property along Chelsea Road would be draining to the east to the storm
water pond. Mills Fleet Farm and the unimproved property received the benefit from the project.
Bret Weiss said all the property could not drain to the north because the elevation of the land
would not have allowed that. Bret Weiss said Mills Fleet Farm will be discharging into the pond
on the west side of their property. Brian Stumpf questioned whether the City would have done
just an overlay or a reconstruction project. Bret Weiss said it was always intended to construct
this road as a full urban section. Bret Weiss will take a look at the driveway entrances at UMC.
Bill Tapper, 212 Chelsea Road stated that according to state statute for a property owner to be
assessed for an improvement they have to receive benefit from the project. He did not feel he
received any benefit from this project. He said if the street needed to be replaced it should have
been done going from to the west of his property. He objected to the assessment based on the fact
that he had not had substantial gain from this project. Bret Weiss said as far as not going to the
west at this time it was a cost factor. However, at some time in the future the road will be
improved to a level over what it is now. Bill Tapper indicated that the road was capable of
carrying the amount of traffic that currently uses it. Bret Weiss noted the property owners can
challenge the assessments in court if they so desire.
• Acting Mayor Stumpf then closed the public hearing. City Attorney, Joel Jamnik noted that
written objections to the assessment have to be presented either prior to the hearing or at the
hearing. Bret Weiss discussed the objections raised tonight and Don Tomann's request that these
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properties be removed from the assessment roll. Bret Weis said other than the storm water
. calculations being calculated incorrectly any proposed change in the street cost should be made for
all the properties. Unless the Council has something to take back to the property owners to
discuss, he questioned the benefit of additional meetings with the property owners. Brian Stumpf
stated he was not in favor of additional meetings with the property owners. Susie Wojchouski
asked Joel Jamnik about the process for appealing assessments. Joel Jamnik indicated written
objections must be submitted to the City tonight and filed in District Court within 30 days of the
adoption of the assessment. The court tries to determine the amount of special benefit to the
property. The appeal process has been established by state statutes with benefit being determined
by valuation. Bret Weiss felt the Council has been doing well in the handling of these
assessments. Brian Stumpf concurred stating the Council did what they could to keep the cost
down.
WAYNE MAYER MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE CHELSEA
ROAD IMPROVEMENTS, CITY PROJECT NO. 2006-31 C. BRIAN STUMPF SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
Tom Perrault asked what happens if the City doesn't adopt this assessment roll. Finance Director,
Tom Kelly said it depends the timing. If the Council approved the assessment at the next meeting,
the assessment could still be sent to the County by the November 30`h deadline but it would
encroach into the 30 day period to pay without interest. If the assessment is delayed beyond this
date it would not go on until the 2009 taxes and there would be another year of capitalized interest
to be calculated.
• 9. Public Hearing and consideration of adouting assessment Cedar Street/Dundas Road
Improvements. City Proiect No. 2006-02C.
Bret Weiss provided background information stating that this project was initiated because of the
Warnert Development south of Chelsea Road and west of Cedar Street. Under this project Dundas
Road was improved from a gravel road to a 44 urban section but did not include sidewalk or street
lighting. Cedar Street was improved to 44' urban section including right turn lanes, sidewalk and
street lighting. The project also included a forcemain along Chelsea Road for the future extension
of the system from the Otter Creek lift station to the trunk sewer at Chelsea Road and Fallon
Avenue.
Total project cost is $1,214, 918 with assessments covering $775,200 of the cost. Trunk fund and
state aid funds make up the balance. New improvements such as sidewalk or street lighting were
assessed at 100%. The improvement to Dundas Road since it was new construction and not
reconstruction was assessed at 100%. It was noted there is green acres property in the project
area. The assessment on green acres property is deferred with interest. Bret Weiss stated the City
had received two written objections to the assessment one from Joel Erickson and one from John
Lundsten.
Acting Mayor Brian Stumpf opened the public hearing. John Lundsten, 1804 Hillside Lane,
Buffalo stated his property abuts Dundas Road on both sides. The basis of his objection is the
. same as when the project was initiated. The road does not benefit his property and never did. He
realizes the City had the need to improve the road because of traffic demands. His property has
been farmed for over 35 years and is still being farmed. He did not request any improvement of
Dundas Road.. He said the traffic pattern will benefit but there is no benefit to his property. He
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realizes if the assessment is approved he will have to take his appeal to district court. He noted the
• property is classified as green acres and would be deferred but the interest rate of 5% would be
$12,500 on a $250,000 assessment.
Brian Stumpf asked for a brief explanation of the green acres statute. Bret Weiss said for property
to meet the green acres requirement it has to be farmed and meet certain other criteria. The benefit
comes when the property is ready to develop. Bret Weiss agreed with Mr. Lundsten that the
project did benefit the City's transportation system. Wayne Mayer asked if the interest rate is
negotiable at all. Bret Weiss said the interest rate has generally been set at 1 %i% above the bond
rate. Since the City had not issued a bond the interest rate was based on the current bond rate.
John Lundsten said in response to Bret Weiss comments that the road makes the property
developable. He argues the property is developable because of its location. The assessment of
the road does not enhance its appeal to developers.
Joel Erickson, 1260 Cedar Street stated his understanding was that the storm sewer was just for
draining the roadway. Bret Weiss agreed the majority of the storm sewer is just for the street.
Joel Erickson was not objecting to the street assessment but the storm sewer assessment. In the
past there was no way they could drain to Cedar Street because of the elevation of the street was
too high. Because he had to make improvements years ago he questioned being assessed for it
now. Joel Erickson asked about the Warnert Development and whether it has been reworked so it
drains to Cedar Street. Bret Weiss said the Warnert development would have an internal drainage
system. Joel Erickson said he was not aware the assessment was just for the roadway and that it
• was not for property drainage.
Bob Lamont who owns the property east of Cedar Street wanted to know if there an option on the
payment schedule. Could it run for 15 or 20 years instead of 10 years? Bret Weiss said extending
the interest costs further nullifies some of the cost saving. Brian Stumpf asked if there were any
legal ramifications for changing the assessment terms and felt this should be researched further.
Brian Stumpf asked if the City has an option of deferring interest. Joel Jamnik will check into
this.
Susie Wojchouski asked about the assessment to City property. Tom Kelly said it can be done
either way. The City can be assessed and pay the assessment like other property owners or the
city owned property is not directly assessed but the City contributes the amount of the assessment
towards the project. By assessing it against the property, if it is sold the assessment can be
covered in the sale price or the buyer can pick up the balance of the assessment.
Acting Mayor Stumpf closed the public hearing. Brian Stumpf felt the green acres property
should be looked at. Wayne Mayer agreed this should be studied further. Joel Jamnik said the
City could adopt the assessment as proposed and if there are some adjustments they could be
brought back to the Council. Joel Jamnik said the difficulty would be getting it done for the next
council meeting. Wayne Mayer asked if the Council should look at some type of policy outlining
under what conditions the Council can extend the assessment term. Bret Weiss suggesting looking
at using equal payment instead of equal principal. The pros and cons of a short or long
• assessment term were discussed. Tom Kelly emphasized the need to be consistent.
WAYNE MAYER MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE CEDAR
STREET/DUNDAS ROAD IMPROVEMENTS, CITY PROJECT NO.2006-02 WITH THE
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CITY TO WORK WITH THE OWNER OF THE GREEN ACRES PARCEL ON THE
. INTEREST RATE AND TO EXTEND THE LENGTH OF THE ASSESSMENT FROM 10
YEARS TO 15 YEARS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
10. Public Hearing and consideration of adopting assessment for delinquent utilities 2nd quarter
2007.
The Council then considered the assessment roll for delinquent 2nd quarter utilities. Acting
Mayor Brian Stumpf opened the public hearing. There was no one present who spoke for or
against the proposed assessment. Acting Mayor Stumpf then closed the public hearing.
SUSIE WOJCHOUSKI MOVED TO ADOPT THE ASSESSMENT ROLL FOR DELINQUENT
UTILITIES FOR 2ND QUARTER 2007. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
11. Public Hearing and consideration of vacating a portion of Cedar Street and Oakwood Drive
(County Road 117).
City Engineer Bruce Westby provided background information including a drawing showing
where the westerly edge of the Lamont property abuts Cedar Street and where along the east it
abuts Edmonson Avenue. He is recommending that the City retains a drainage and utility
easement across both of the right of ways being vacated. It was noted that if the right-of--way on
• Cedar Street was vacated the City would still have 40' ofright-of--way. Brian Stumpf asked about
the reconstructed Cedar Street and if the 40' is in the right of way of the reconstructed Cedar
Street. Bruce Westby said the right of way along Cedar Street varies. John Simola said the strip
to be vacated is 6' in width and tapers down to nothing. Vacating this strip makes for a more
uniform street width. Brian Stumpf asked if any of this right of way falls into the reconstructed
city street right of way.
The cost of the right of way that is proposed to be vacated was discussed. Bruce Westby said on
this development the Council should take into consideration that a portion of the applicants'
property encroaches into the city street and the property owner would be vacating a portion of this
(approximately 1,041 square feet). In addition Chelsea road is currently a roadway easement. The
land was not platted at the time the road went in and the City obtained an easement for the
roadway so the City doesn't own the land the street is on. The property owner is willing to deed
the land covered by the easement (approximately 2 acres) back to the city.
Acting Mayor Stumpf opened the public hearing. Nick Nowacki from Meyer Rohlin, engineer
for Bob Lamont stated they are looking to clean up the boundary lines a little better before platting
it. Since there is a land exchange proposed there would be no value established for the vacated
right of way. Acting Mayor Stumpf closed the public hearing.
WAYNE MAYER MOVE TO ADOPT THE RESOLUTION VACATING PORTIONS OF
PORTIONS OF CEDAR STREET AND EDMONSON AVENUE WITH NO FEE TO BE
. CHARGED FOR THE VACATED RIGHT OF WAY BECAUSE OF THE LAND EXCHANGE
AND THE CITY IS TO RETAIN DRAINAGE AND UTILITY EASEMENTS OVER BOTH
PORTIONS OF THE VACATED RIGHT-OF-WAY. SUSIE WOJCHOUSKI SECONDED THE
MOTION.
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• Legal counsel, Joel Jamnik suggested including in the resolution the statement that the vacation is
contingent upon the platting of the Lamont property.
WAYNE MAYER AMENDED HIS MOTION TO INCLUDE THE CONTINGENCY AND
SUSIE WOJCHOUSKI SECONDED THE AMENDED MOTION. MOTION CARRIED
UNANIMOUSLY.
12. Public Hearing -1. Consideration to adopt a resolution relating to the Citv of Monticello
Economic Development Authority; transferring certain projects and programs to that
agencYi approving certain organizational matters; 2. Consideration to adopt an amended
and restated resolution enabling the creation of the City of Monticello Economic
Development Authority; superseding Ordinance No. 172.
Economic Development Director, Ollie Koropchak provided information on the public hearing
and the two resolutions needed to be adopted by the City Council to effect the transfer of authority
from the HRA and the establishment of the new EDA. By the adoption of the first resolution the
Council transfers the control and operation of all programs from the HRA to the EDA. The
resolution also outlines that an annual budget and report must be submitted each year. The second
resolution, the enabling resolution, amends and restates the ordinance that was approved in 1989.
This resolution specifies the officers, meetings, powers and duties of the authority. Ollie
Koropchak reviewed the resolution noting the following areas: Section 2.02 -Deals with number
of commission members. At the present time it is proposed to have a 7 member board; Section
• 2.03 states that two of the seven members will be Council members; Section 2.04 states the terms
for members will be initially set at 1, 2, 3, 4, 5 years with two members serving six year terms
Ollie Koropchak stated that the enabling resolution did not address the issue of residency. If the
Council is not certain how they want to handle the residency issue for members, it was
recommended that it be covered in the by-laws rather than in the enabling resolution since it would
be easier to change the by-laws.
Acting Mayor Stumpf opened the public hearing. There was no one present who spoke for or
against the proposal. Brian Stumpf brought it back to the Council. The Council agreed that there
was no change to the first resolution (allocation resolution) transferring funds and projects from
the HRA to the EDA. On the second resolution (enabling) Brian Stumpf stated he felt comfortable
with a seven member commission. With a seven member commission, it was determined that two
of the members would be from the Council and the five remaining members would be non-council
representatives with at least three of the five members to be city residents and not more than two
of the five non-council members being non-residents who operated a business and owned land
within the city. There was some discussion on the wording of the language and it was clarified
with the wording proposed the EDA all five non-council members could be city residents but at
any given point no more than two could be non-residents. Joel Jamnik noted that this discussion
has more impact on agenda item #13. Since the City maybe advertising for applicants they will
need to determine how many need to be residents or non-residents.
. Tom Perrault asked if "shall" and "must" mean the same. Joel Jamnik said legally it means the
same it is merely choice of writing styles. Tom Perrault asked if the new EDA determines the
by-laws or does the City Council. He also questioned the officers in Section 3.01 He was of the
understanding that the treasurer did not have to be a member. Ollie Koropchak stated that is the
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way it is operated now but if the resolution is adopted the assistant treasurer position could be held
by someone from the Finance Department and not a commission member. Joel Jamnik said the
wording in the resolution provides a better system of checks and balances and a better fiscal
management perspective. He felt the language in the resolution was the best way to go
Tom Perrault questioned if something comes in that is inconsistent with the comprehensive plan
would the city council have to initiate a comprehensive plan change. Joel Jamnik said the City
Council action should not have to come first.
Acting Mayor Brian Stumpf closed the public hearing.
BRIAN STUMPF MOVED TO ADOPT A RESOLUTION AS PREPARED RELATING TO
THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY;
TRANSFERRING CERTAIN PROJECTS AND PROGRAMS TO THAT AGENCY AND
APPROVING CERTAIN ORGANIZATIONAL MATTERS. TOM PERRAULT SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
TOM PERRAULT MOVED TO ADOPT AN AMENDED AND RESTATED RESOLUTION
ENABLING THE CREATION OF THE CITY OF MONTICELLO ECONOMIC
DEVELOPMENT AUTHORITY SUPERSEDING ORDINANCE NO. 172 AS PREPARED
CONSISTING OF SEVEN MEMBERS TWO OF WHICH ARE COUNCIL MEMBERS AND
WITH AT LEAST THREE OF THE NON-COUNCIL MEMBERS BEING RESIDENTS OF
THE CITY OF MONTICELLO AND NOT GREATER THAN TWO NON-COUNCIL
MEMBERS BEING NON-RESIDENTS OF THE CITY OF MONTICELLO BUT THE NON-
RESIDENT MEMBERS SHALL OPERATE A BUSINESS AND OWN PROPERTY 1N THE
CITY OF MONTICELLO. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
13. Consideration of authorizing advertisinE for members for newly formed EDA
Ollie Koropchak addressed the options for the Council to consider in advertising for members for
the new commission. She suggested that the Council authorize staff to send a letter to current
HRA and EDA members to determine if they have an interest in serving on the newly formed
board. After determining existing interest, an advertisement will be placed in the paper. The
Council or a committed as directed by the Council will interview the applicants and make a
recommendation to the Council. Two Council members will also be appointed to the board.
SUSIE WOJCHOUSKI MOVED TO DIItECT STAFF TO PREPARE A LETTER OF
INTEREST FOR CONSIDERATION FOR APPOINTMENT TO THE EDA TO CURRENT
HRA/EDA COMMISISONERS AND THEREAFTER AUTHORIZE ADVERTISING FOR
VACANT NON-CITY COUNCIL MEMBER POSITIONS ON THE EDA. WAYNE MAYER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
14. Consideration of award of bids for Fallon Avenue Pathway Improvements. City Project
No. 2007-12C.
Bruce Westby presented the information on the bid results for the Fallon Avenue Pathway
Improvement Project. The base bid was for an 8-foot pathway on the west side of Fallon Avenue
between Farmstead Avenue and School Boulevard. An alternate bid was included that covered an
11
Council Minutes: 10/22/07
8-foot pathway from the parking lot in Pioneer Park to the existing stubbed path east from
Farmstead Avenue. The low bid from Rum River Contracting was 70% of the engineer's
estimate. If approved the pathway would be constructed by the end of November but the contract
would remain open until the spring.
Brian Stumpf asked where the money was coming from for this project. While nothing has been
budgeted for this project, it was thought the work could be funded either through general fund or
park funds or a combination of both. Wayne Mayer asked if this pathway would be on the snow
removal schedule because of its proximity to the school John Simola said it would have to be on
the early morning schedule which means it would have to be done by 7:15 am. John Simola
noted that the addition of the pathway would not require any immediate equipment needs but may
in the future. Brian Stumpf asked if pedestrian improvements were being considered for School
Boulevard and Fallon Avenue. Bruce Westby stated that this winter staff will be looking at the
whole corridor of School Boulevard/Fallon Avenue. Their recommendations will be brought back
next spring. The current pathway project is not being considered for any grant applications since
the timing of the grant applications and the need to get the project in this year didn't mesh.
Tom Perrault asked if all the recent moisture will delay the project. Bruce Westby felt if it
remained dry for a couple of weeks the project would be able to be completed. Tom Perrault also
asked about the seeding and who is liable if it doesn't take. Bruce Westby said it would depend
on why the seeding didn't take.
Susie Wojchouski felt the segment of pathway going through parking lot was expense proposition
considering all the needs of the city. Bruce Westby noted in it was on the pathway plan and was
intended to be built.
WAYNE MAYER MOVED TO AWARD THE BID FOR THE FALCON AVNEUE PATHWAY
IMPROVEMENTS, CITY PROJECT NO. 2007-12C TO RUM RIVER CONTRACTING IN
THE AMOUNT OF $67,490.25 FOR THE BASE BID ONLY. SUSIE WOJCHOUSKI
SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN
OPPOSITION.
15. Consideration of acceptance of counteroffer for purchase of 20 acre farm site south of
Featherstone.
Public Works Director, John Simola stated that the City had made an offer on property for the site
of the Public Works facility and the property owner submitted a counteroffer that was $15,000
higher than the City's original offer. Staff was recommending approval of the counteroffer.
SUSIE WOJCHOUSKI MOVED TO ACCEPT THE COUNTEROFFER THAT WAS $15,000
HIGHER THAN THE ORIGINAL OFFER OF THE CITY. WAYNE MAYER SECONDED
THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION AS
HE FELT THE PROPOSED SITE WAS TOO FAR OUT.
16. Consideration of options for open air shelter at West Bride Park.
Park Superintendent Tom Pawelk reviewed with the Council various proposals for construction of
an open air shelter at West Bridge Park. The options included both wood and steel shelters with
the prices ranging from $10,3 75 to $15,444. Tom Pawelk indicated he had called local contractors
12
Council Minutes: 10/22!07
but no one responded with a proposal. Wayne Mayer felt this money would be better spent on
• other projects such as the pathway but he did compliment Tom Pawelk on his research for options.
Brian Stumpf also questioned the value received for the money spent. The general consensus of
the Council was that the shelter was too expensive and was not needed in West Bridge Park.
Wayne Mayer challenged the Parks Department to come back with a cheaper alternative. He
noted there are parks that need shelters and if they could get the cost down the City could provide
shelters for more of the parks.
WAYNE MAYER MOVED TO TABLE ACTION ON THIS ITEM, DIRECT PARKS STAFF
TO RESEARCH OTHER OPTIONS AND BRING THIS ITEM BACK TO THE COUNCIL FOR
POSSIBLE CONSTRUCTION IN 2008. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
17. Review of research on landscape buffer/screening options River City Lanes
City Engineer, Bruce Westby, noted that this was an update and required no Council action at this
meeting. After reviewing the site, it is his belief that the best remedy for screening headlights
coming from the bowling alley parking lot would the construction of a privacy fence between the
parking stalls on the bowling alley site and rear yards of the abutting property.
Added Items
It was noted a Wright County Mayor's event was scheduled on Wednesday, November 14, 2007 at the
• Rockford Town Hall.
18. Consideration of approving payment of bills for October, 2007.
TOM PERRAULT MOVED TO APPROVE PAYMENT OF BILLS. SUSIE WOJCHOUSKI
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
19. Adiourn.
TOM PERRAULT MOVED TO ADJOURN AT 10:40 P.M. SUSIE WOJCHOUSKI SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
C ~...~-0 5 S,w~i 9...,~
Recording Secretary
•
13
r~
~~
~~~ 1 '1 '
V
~~
CERTIFICATION
STATE OF MINNESOTA
COUNTY OF WRIGHT
I, Jeff O'Neill, duly appointed, qualified, and acting City Administrator for the City of Monticello, County
of Wright, State of Minnesota, do hereby certify that I have compared the foregoing copy of City Resolution
No. 2007-86 Amend and restated resolution enabling the creation of the City of Monticello Economic Authority;
Superceding Ordinance No. 172 adopted by the City Council at a regular meeting of the City Council held on
October 22, 2007 on file in the office of the City Administrator, and have
found the same to be a true and correct copy thereof.
Witness my hand and the official seal of the City of Monticello, this 11th day of December, 2007.
•
STATE OF MINNESOTA
COUNTY OF WRIGHT
Jeff O' ' 1, City Administrator
The foregoing was acknowledged before me this 11th day of December, 2007 by Jeff O'Neill, City
Administrator on behalf of the City of Monticello.
Signature of Notary
This Document Drafted by:
„pity of Monticello
~5 Walnut Street, Suite #1
Monticello, MN 55362
Tel #763-271-3206
DAWN M. GROSSINGER
.~ NOTARY PUBLIC -MINNESOTA
y. My Commission Expires Jan. 31, 2010
;;+~;~
. CITY OF MONTICELLO
RESOLUTION NO. 2007-86
AMENDED AND RESTATED RESOLUTION
ENABLING THE CREATION OF THE CITY OF
MONTICELLO ECONOMIC DEVELOPMENT
AUTHORITY; SUPERCEDING ORDINANCE NO.172
BE IT RESOLVED By the City Council of the City of Monticello, Minnesota ("City") as
follows:
Section 1. Background and Findings
1.41. The City is authorized by Minnesota Statutes, Sections 469.090 to 469.1081 (the
"EDA Act") to establish an economic development authority to coordinate and administer economic
development and redevelopment plans and programs for the City, and is authorized by Minnesota
Statutes, Sections 469.OOI to 469.047 (the "HRA Act") to establish a housing and redevelopment
authority to coordinate and administer housing and redevelopment plans and programs for the City.
1.02. By a resolution approved November 30, 1970, the City established the Housing and
Redevelopment Authority in and for the City of Monticello (the "HRA"), for the purpose of
• coordinating and administering housing and redevelopment projects and activities in and for the
City.
1.03. By Ordinance No. 172, approved April 10, 1989 and codified in the City Code as
Title II, Chapter 3 (the "Enabling Ordinance"), the City established the City of Monticello
Economic Development Authority ("EDA"), for the purpose of coordinating and administering
economic development activities in and for the City.
1.04. By resolution approved on the date hereof (the "Allocation Resolution"), the City
transferred to the EDA the control, authority and operation of all projects administered by the
Housing and Redevelopment Authority in and for the City of Monticello ("HRA").
1.05. The City Council has further determined to adopt an Amended and Restated
Enabling Resolution in order to conform the powers of the EDA to the Allocation Resolution.
I.06. The City Council has in accordance with Minnesota Statutes Section 469.093,
provided public notice and conducted a public hearing on the date hereof, at which all persons
wishing to be heard were given an opportunity to express their views, concerning the modification
of powers of the EDA.
1.07. This resolution constitutes an amendment and restatement of the original Enabling
Ordinance, incorporating the transfer of HRA powers to the EDA in accordance with the Allocation
Resolution.
• Section 2. Enablin Authori
321892v2 MNt MN190-(30 1
• 2.01. The EDA was established under the Enabling Ordinance as adopted April 10, 1989
and codified as Title II, Chapter 3 of the City Code.
2.02. The Economic Development Authority shall be composed of 7 members to be
appointed by the Mayor and confirmed by the City Council.
2.03. Two of the members shall be members of the City Council. The teens of office of
the two members of the City Council shall coincide with their remaining terms of office as members
of the City Council.
2.04. The remaining five (5) members shall be initially appointed for terms other than the
terms being served by a member of the City Council. Those initially appointed, including Council
members serving on the EDA, shall serve for terms of one, two, three, four, and five years
respectively and two members for six years. If the two Council members appointed to the EDA
have Council terms that coincide, then their terms of service on the EDA shall also coincide.
Thereafter, all commissioners shall be appointed for six-year terms, except that any person
appointed to fill a vacancy occurring prior to the expiration of the term which his/her predecessor
has been appointed shall be appointed only for the remainder of such term. Upon the expiration of
his/her term of office, the member shall continue to serve until his/her successor is appointed.
2.05. At least three of the members who are not members of the City Council shall be
residents of the Ciry, and not more than two of the members who are not members of the City
• Council may be nonresidents of the City, provided that such members own a business and own
property in the City.
2.06. All members shall serve at the pleasure of the Ciry Council. Vacancies shall be
filled by appointment by the Mayor with the confirmation of the City Council.
2.07. A commissioner may be removed by the Ciry Council for inefficiency, neglect of
duty, or misconduct in office. A commissioner shall be removed only after a hearing. A copy of the
charges must be given to the commissioner at least 10 days before the hearing. The commissioner
must be given an opportunity to be heard in person or by the counsel at the hearing. When written
charges have been submitted against the commissioner, the City Council may temporarily suspend
the commissioner. If the Ciry Council finds that those charges have not been substantiated, the
commissioner shall be immediately reinstated. If a commissioner is removed, a record of the
proceedings together with the charges and findings shall be filed in the office of the City
Administrator.
2.08. The City Council shall make available to the EDA such appropriations as it deems
fit for salaries, fees, and expenses necessary in the conduct of its work. The EDA shall have
authority to expend all budgeted sums so appropriated and recommend the expenditures of other
sums made available for its use from grants, gifts, and other sources for the purposes and activities
authorized by this resolution.
Section 3. Officers and Meetings.
3.OI. The EDA shall elect a president, vice president, treasurer, assistant treasurer, and
secretary annually. A member must not serve as president and vice president at the same time. The
321892v2 MNI ~i1V190-L30 `~
other offices may be held by the same member. The other offices of the secretary and assistant
treasurer need not be held by a member.
3.02. The EDA shall adopt rules and procedures not inconsistent with the provisions of
this Enabling Resolution or as provided in Minnesota Statutes, Section 469.096, and as may be
necessary for the proper execution and conduct of its business. The EDA shall adopt bylaws and
rules to govern its procedures and for the transaction of its business and shall keep a record of
attendance at its meetings and/or resolutions, transactions, findings, and determinations showing the
vote of each member on each question requiring a vote, or if absent or abstaining from voting,
indicating such fact. The records of the EDA shall be a public record, except for those items
classified by law as nonpublic data.
3.03. The EDA shall meet at least quarterly. Special meetings may be called by the
president as needed.
3.04. All administrative procedures, including contract far services, purchases of
supplies, and financial transactions and duties shall be outlined in the bylaws of the EDA.
Section 4. Staff.
4.01. The Economic Development Director shall be designated as Executive Director of
the EDA.
• 4.02. Subject to limits set by the appropriations or other funds made available, the EDA
may employ such staff, technicians, and experts as may be deemed proper, and may incur such
other expenses as may be necessary and proper for the conduct of its affairs.
Section 5. Functions, Powers, and Duties.
5.01. Except as specifically Limited by the provisions of Section 6 of this Enabling
Resolution, the EDA shall have the authority granted it pursuant to the EDA Act.
5.02. The EDA shall manage the Greater Monticello Enterprise Fund (the "Fund") the
purpose of which is to encourage economic development by making loans to private businesses.
The EDA shall make loans to eligible businesses, and such loan(s) shall serve a public purpose
as defined in the Greater Monticello Enterprise Fund Guidelines (Fund Guidelines). The Fund
Guidelines are hereby adopted by reference and included in the bylaws of the EDA. No changes
to the fund Guidelines shall be made without approval of the City Council.
5.03. The EDA may be a limited partner in a partnership whose purpose is consistent
with the EDA's purpose.
5.04. The EDA may issue general obligation bonds and revenue bonds when authorized
by the City Council and pledge as security for the bonds the full faith, credit, and resources of the
City or such revenues as maybe generated by projects undertaken by the EDA.
5.05. The EDA may cooperate with or act as agent for the federal or state government
or a state public body, or an agency or instrumentality of a government or other public body to
321892v214IN[ Mf f 90-130 3
carry out the powers granted it by the EDA Act or any other related federal, state, or local law in
the area of economic development district improvement.
5.06. The EDA may annually develop and present an economic development strategy
and present it to the City Council for consideration and approval.
5.07. The EDA may join an official, industrial, commercial, or trade association or
other organization concerned with such purposes, hold reception of officials who may contribute
to advancing the City and its economic development, and carry out other appropriate public
relations activities to promote the city and its economic development.
5.08. The EDA may perform such other duties which may be lawfully assigned to it by
the City.
All city employees shall, upon request and within a reasonable time, fiunish the EDA or its
employees or agents such available records or information as may be required in its work. The EDA
or its employees or agents may, in the performance of official duties, enter upon lands and make
examinations or surveys in the same manner as other authorized City agents or employees and shall
have such other powers as are required for the performance of official functions in carrying out the
purposes of this resolution.
Section 6. Limitations of Power.
• 6.01. The following limits apply to the EDA and its operation:
(a) The sale of bonds or other obligations of the EDA must be approved by the
City Council.
(b} The EDA must follow the budget process for City departments in accordance
with City policies, ordinances, and resolutions and the City charter.
(c} Development and redevelopment actions of the EDA must be in conformity
to the City comprehensive plan and official controls implementing the comprehensive plan.
(d) The EDA must submit its plans for development and redevelopment to the
City Council for approval in accordance with City planning procedures and laws.
(e) Except when previously pledged by the EDA, the City Council may, by
resolution, require the EDA to transfer any portion of the reserves generated by activities of
the EDA that the City Council deternunes are not necessary for the successful operation of
the EDA to the debt service funds of the city to be used solely to reduce tax levies for
bonded indebtedness of the City.
(f) The administrative structure and management practices and policies of the
EDA must be approved by the City Council.
(g) The EDA shall submit all planned activities for influencing the action of any
other governmental agency, subdivision, or body to the City Council for approval.
32I892v2 MNI ti[N190-130 4
6.02. Except as limited by the Allocation Resolution, the EDA may exercise all the
powers under the EDA Act, including, but not limited to, the following:
(a) ail powers under the HRA Act other than those allocated to the HRA under
the Allocation Resolution.
(b) all powers of a city under Minnesota Statutes, Section 469.124 to 469.134.
(c) all powers and duties of a redevelopment agency under Minnesota Statutes,
Sections 469.152 to 469.165 for a purpose in the HRA Act or the EDA Act, and all powers
and duties in the HRA Act and the EDA Act for a purpose in Minnesota Statutes, Sections
469.152 to 469.165.
(d) the authority to acquire property, exercise the right of eminent domain; make
contracts for the purpose of redevelopment and economic development; serve as a limited
partner in a partnership whose purpose is consistent with the EDA's purpose; buy supplies
and materials needed to carry out development within the EDA Act; and operate and
maintain public parking facilities.
(e) the authority to issue bonds in accordance with the EDA Act and the HRA
Act.
• (f) the authority to levy special benefit taxes in accordance with Section
469.033, subdivision 6 of the HRA Act in order to pay or finance public redevelopment
costs (as defined in the HRA Act), subject to approval by the City Council in accordance
with Section 469.033, subdivision 6.
(g) all powers under Minnesota Statutes, Sections 469.474 to 469.179, including
without limitation the power to establish a housing district as defined in Section 469.174,
subdivision 1 1.
6.03. As provided in the EDA Act, it is the intention of the Ciry Council that nothing in this
resolution nor any activities of the EDA are to be construed to impair the obligations of the City or
HRA under any of their contracts or to affect in any detrimental manner the rights and privileges of
a holder of a bond or other obligation heretofore issued by the City, the EDA or the HRA.
Section 7. Implementation.
7.01. The City Council will from time to time and at the appropriate time adopt such
ordinances and resolutions as are required and permitted by the EDA Act to give full effect to this
resolution.
7.02. The Mayor, the City Administrator, and other appropriate City officials are
authorized and directed to take the actions and execute and deliver the documents necessary to give
full effect to this resolution.
7.03. Nothing in this resolution is intended to prevent the City from modifying this
32t892v2 MN[ MN190-1306
Enabling Resolution or the Allocation Resolution to impose new or different limitations on the EDA
as authorized by the EDA Act.
Approved by the City Council of the City of Monticello on this 22"~ day of October 2007.
.,
~~- `/~ i _
Mayor
c r-~ .t y sh R--~j o-~
ATTEST:
City Cl
•
•
321892v2 i4t*I! Nt~ll90-l30 6
i
~ ~ d~
~ ~~
~~
CERTIFICATION
STATE OF MINNESOTA
COUNTY OF WRIGHT
V
I, Jeff O'Neill, duly appointed, qualified, and acting Ciry Administrator for the Ciry of Monticello, County
of Wright, State of Minnesota, do hereby certify that I have compared the foregoing copy of City Resolution
No. 2007-85 relating to the City of Monticello Economic Development Authority; transferring certain projects and
programs to that agency and approving certain organizational matters adopted by the City Council at a regular
meeting of the City Council held on October 22, 2007 on file in the office of the City Administrator, and have
found the same to be a true and correct copy thereof.
Witness my hand and the official seal of the City of Monticello, this 11th day of December, 2007.
STATE OF MINNESOTA
COUNTY OF WRIGHT
Je 1, City Administrator
The foregoing was acknowledged before me this 11th day of December, 2007 by Jeff O'Neill, City
Administrator on behalf of the Ciry of Monticello.
'~(~ L~ S
Signature of Notary
This Document Drafted by:
ity of Monticello
~OS Walnut Street, Suite #1
Monticello, MN 55362
Tel #763-271-3206
~. DAWN M. GROSSINGER
NOTARY PUBLIC -MINNESOTA
,,,;:+. My Commission Expires Jan. 31, 2010
CITY OF NIONTICELLO
RESOLUTION NO. 2007-85
RESOLUTION RELATING TO THE CITY OF
NIONTICELLO ECONOMIC DEVELOPMENT
AUTHORITY; TRANSFERRING CERTAIN PROJECTS AND
PROGRAMS TO THAT AGENCY; APPROVING CERTAIN
ORGANIZATIONAL MATTERS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO,
MINNESOTA ("CITY") AS FOLLOWS:
1. On April 10, 1989, the City Council duly adopted Ordinance No. 172, codified in
the City Code as Title II, Chapter 3 (the "Enabling Ordinance"), providing for the creation of the
City of Monticello Economic Development Authority (EDA) pursuant to Minnesota Statutes,
Chapter 469 (the "Act").
2. Pursuant to the Act, the EDA is authorized to exercise all of the powers of a housing
• and redevelopment authority.
3. There now exists in the City a housing and redevelopment authority ("HRA"}
created pursuant to the Act. The Act authorizes the City Council to transfer ail projects and
programs of the HRA to the EDA.
4. Pursuant to Section 469.094, Subdivision 2, of the Act, and following a duly noticed
public hearing held on the date hereof at which all interested persons were given the opportunity to
be heazd, the City Council hereby transfers the control, authority and operation of alI "projects", as
defined in the Act, and all other programs and projects of the HRA to the EDA.
5. The transfer described herein is conditioned upon acceptance by the EDA of such
transfer and a covenant and pledge by the EDA that the EDA is obligated to perform all agreements,
pledges, covenants and undertakings heretofore entered into by the HRA.
6. The City Administrator is authorized and directed to transmit a certified copy of this
Resolution to the Executive Director of the EDA and to other governmental officers as appropriate.
7. Pursuant to Section 469.100, subd. 2 of the Act, the Council directs to the EDA to
submit the EDA's budget for each fiscal yeaz to the City at the time designated by the City
Administrator but no later than August 1 of each year.
8. Pursuant to Section 469.100, subd. 4 of the Act, the Council directs the EDA to
• submit the EDA's written annual report to the City on or before the date of the EDA's annual
meeting as described in the EDA by-laws. The Council directs the City Administrator to specify the
form of the report.
322222v2 iviNl MN190-130
9. The Mayor, City Administrator and all other officers and employees of the City aze
authorized and directed to take whatever action and to execute and deliver such documents that are
necessary to give effect to this Resolution.
Approved by the City Council of the City of Monticello, Minnesota this 22nd day of
October, 2007.
ATTEST:
•
Mayor ~'ac~~-y ~~~z
322222v2 ~iNI ~[N190-(30
U
STATE OF MINNESOTA
COUNTY OF WRIGHT
CERTIFICATION
.'~
~~ v
{l, ~ ~
~~
I, Jeff O'Neill, duly appointed, qualified, and acting City Administrator for the City of Monticello,
County of Wright, State of Minnesota, do hereby certify that I have compared the foregoing minutes relating to
the appointment of commissioners to the Monticello Economic Development Authority approved at a regular
meeting of the City Council held on December 10, 2007 and on file in the office of the City Administrator, and
have found the same to be a true and correct copy thereof.
~-
Witness my hand and the official seal of the City of Monticello, this ~ l day of December, 2007.
Jeff ' 1, City Administrator
STATE OF MINNESOTA
COUNTY OF WRIGHT
The foregoing was acknowledged before me this L day of December, 2007 by Jeff O'Neill, City
Administrator on behalf of the City of Monticello.
J '~
Signature of Notary
=;1~"~'
~. DAWN M• GROSSINGL-R
NOTARY PUBLIC - MtNNES~J1 A ,
~„~,:' My Commission Expires Jan. 31, 2010
C
Council Minutes: 12/10/07
MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday December 10, 2007 - 7 p.m.
Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski
Members Absent: None
1. Call to Order and Pledge of Allegiance
Mayor Herbst called the meeting to order and 7 p.m. and declared a quorum present. The Pledge
of Allegiance was said.
2A. Approve minutes of November 26, 2007 Regular Council meeting
TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 26, 2007
REGULAR COUNCIL MEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
2B. Approve minutes of November 26, 2007 Special Council meeting 2008 Budget
SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 26,
• 2007 SPECIAL COUNCIL MEETING RELATING TO THE 2008 BUDGET. TOM
PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
2C. Approve minutes of November 28, 2007 Special Meeting Comprehensive Plan
It was noted that the next meeting date for the Comprehensive Plan is December 12, 2007.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 28, 2007
SPECIAL MEETING ON THE COMPREHENSIVE PLAN WITH THE CORRECTION
NOTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
2D. Approve minutes of December 4, 2007 Truth in Taxation Meeting
WAYNE MAYER MOVED TO APPROVE THE MINUTES OF THE DECEMBER 4, 2007
TRUTH IN TAXATION MEETING. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED WITH BRIAN STUMPF ABSTAINING.
2E. Approve minutes of December 4, 2007 Special Council meeting
TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE DECEMBER 4, 2007
SPECIAL COUNCIL MEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION.
MOTION CARRIED WITH BRIAN STUMPF ABSTAINING.
Council Minutes: 12/10/07
3. Consideration of adding items to the agenda.
The following items were added to the agenda: 1) Setting a meeting date to cover the
organizational analysis being done by Sherie Le and to discuss the Kjellberg lawsuit; 2) Set a
time for a special meeting on December 20, 2007 to approve the bills and 3) Added to the
consent agenda a resolution calling for a public hearing on the modification of the enabling
resolution approved by the City Council on October 22, 2007.
4. Citizen comments, petitions, requests and concerns.
LeRoy Miller, Tom Grossnickle and Wes Olson representing the Monticello Lions Club came
before the Council to request permission to install a 35 foot flagpole at West Bridge Park in
memory of deceased Lion members. It is proposed to be a dual use flagpole which would serve
as a lighted Christmas tree during the holiday season. West Bridge Park does not have a flagpole
and the park is also the location for the Christmas village. Brian Stumpf asked who would
maintain the structure and check the flag when it is suppose to be at half staff. LeRoy Miller
stated this had not been addressed. The Council felt this could be done by the Parks department.
There was some discussion on the proper protocol with the flag and it was suggested that the
Lions check that out. The Lion will pay for the electrical work, the flagpole and fixture. The
City would pay for the electricity. There will be a plaque at the base of the flagpole dedicating in
memory of Lion members.
BRIAN STUMPF MOVED TO GRANT PERMISSION TO THE MONTICELLO LIONS
CLUB TO INSTALL A 35 FOOT FLAGPOLE AT WEST BRIDGE PARK AND TO WORK
WITH CITY STAFF TO GET PLANS DRAWN WHICH WILL COME BACK TO THE
COUNCIL FOR APPROVAL. SUSIE WOJCHOUSKI SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
SUSIE WOJCHOUSKI MOVED TO WAIVE THE OF ELECTRICAL
METER AND THE CITY PICKUP THE COST. BRIAN STUMPF SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
Tom Perrault asked if the electricity cost would be charged to the parks fund or general fund.
5. Consent Agenda:
A. Consideration of ratifying hires and departures MCC, Liquor Store and Parks.
Recommendation: Ratify the hires and departures as identified.
B. Consideration of adopting ordinance relating to the division of Economic Development,
Redevelopment and Housing Powers between the Economic Development Authority and the
Housing and Redevelopment Authority amending City Code, Title II, Chapter 3.
Recommendation: Adopt the ordinance relating to the Division of Economic Development,
Redevelopment and Housing powers between the Economic Development Authority and the
Housing and Redevelopment Authority; amending City Code, Title II, Chapter 3.
C. Consideration of liquor license transfer for Applebee's Restaurant, 9386 Deegan Avenue.
Recommendation: Approve the transfer of the off-sale and Sunday liquor license for
2
Council Minutes: 12/10/07
• 9386 Deegan Avenue to Applebee's Restaurant North LLC contingent upon submittal of
certificate of liquor liability insurance.
D. Consideration of amendment to City's Pawn Shop Ordinance relating to approval of
off-site storage facilities. Recommendation: Adopt Ordinance No. 469 amending the
pawn shop ordinance relating to approval of off-site storage facilities.
E. Consideration of approving resolution accepting contribution from Monticello Lions
Club. Recommendation: Adopt Resolution No. 2007-104 accepting a contribution
from the Monticello Lions Club for holiday lights at West Bridge Park.
F. Consideration of approving a resolution appointing Directors to the Sherburne/Wright
County Cable Communication Commission II. Recommendation: Adopt Resolution
No. 2007-103 appointing Jeff O'Neill as director to the Cable Communications
Commission.
G. Consideration of final payment to Authority Fence and Deck for fencing on River City
Extreme site. Recommendation: Approve final payment to Authority Fence and Deck,
Inc. in the mount of $33,800.
H. Consideration of approving membership in Coalition of Greater Minnesota Cities.
Recommendation: No staff recommendation was made.
• I. Consideration of salary adjustment for city employees for 2008. Recommendation: This
matter was tabled until the pay equity analysis is completed.
J. Consideration of appointing Commission members for the EDA Board. Recommendation:
Approve the appointments to Monticello Economic Development Authority as follows:
Dan Frie (one year term); Bill Tapper (two year term), Bob Viering (three year term) Bill Fair
(four year term) Bill Demeules (five year term) and Wayne Mayer and Clint Herbst (one year
terms).
K. Consideration to approve the final plat of Monticello Business Center 6a' Addition. Applicant:
Quad Development. Recommendation: Adopt resolution approving the final plat and
development agreement for Monticello Business Center 6`~ Addition based on a finding that is
consistent with the preliminary plat and the performance standards of the B-4 Regional
Business District subject to the minor revisions noted in the Council report of 12/10/07.
L. Consideration to adopt a resolution calling for a public hearing on the modification of the
Enabling Resolution approved by the City Council on October 22, 2007. Recommendation:
Adopt the resolution on the modification of the Enabling Resolution setting a public hearing
date for January 14, 2008 at 7 p.m.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL
OF ITEMS #SF AND #SH WITH ITEM #SI BEING TABLED AND #SL ADDED.
• Tom Perrault requested that item #SJ also be removed.
3
Council Minutes: 12/10/07
BRIAN STUMPF AMENDED HIS MOTION TO INCLUDE THE REMOVAL OF ITEM #SJ.
WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion
#SFAppointing Directors to the Sherburne/Wright County Cable Communications Commission:
Brian Stumpf suggested the resolution should name the positions being appointed rather than the
name of the individuals. That way the resolution would not have to change if somebody left. Jeff
O'Neill will check with the agreement to see if it specifically says individuals have to be named.
BRIAN STUMPF MOVED TO ADOPT RESOLUTION N0.2007-103 APPOINTING THE CITY
ADMINISTRATOR AS THE DIRECTOR TO THE CABLE COMMUNCATIONS COMMISSION
AND A REPRESENTATIVE FROM THE FINANCE DEPARTMENT AS AN ALTERNATE
DIRECTOR. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
#SHMembership in the Coalition of Greater Minnesota Cities: Brian Stumpf questioned if the City
needed to spend $7,600 for additional lobbying. There was some discussion on what the group
provided and whether existing groups such as the League of Minnesota Cities provided sufficient
lobbying efforts for the cities.
BRIAN STUMPF MOVED THAT THE COUNCIL NOT APPROVE BECOMING A MEMBER OF
• THE COALITION OF GREATER MINNESOTA CITIES. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
#SJAppointment of Commission Members to the Monticello Economic Development Authority:
Tom Perrault noted conflicting philosophies of Clint Herbst and Bill Fair had made for some
contention in the past and he asked if Clint Herbst would be able to work that out if they are both
serving on the same board. Clint Herbst assured him that he would be able to work with the members
of the Commission.
BRIAN STUMPF MOVED TO APPROVE THE FOLLOWING APPOINTMENTS TO THE
MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY:
DAN FRIE -RESIDENT 12/2008 -ONE YEAR TERM
BILL TAPPER -NON RESIDENT 12/2009 -TWO YEAR TERM
BOB VIERING -RESIDENT 12/2010-THREE YEAR TERM
BILL FAIR -RESIDENT 12/2011-FOUR YEAR TERM
BILL DEMEULES -NON RESIDENT 12/2012-FIVE YEAR TERM
CLINT HERBST -COUNCIL 12/2008-ONE YEAR TERM
WAYNE MAYER -COUNCIL 12/2008-ONE YER TERM
WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
7. Consideration of extending the term for assessment rolls for Cedar Street and Dundas Road,
City Project No. 2006-02C and Chelsea Road/Fallon Avenue Imaroyements, City Proiect No
200-
Bret Weiss, consultin en 'neer review
g gi ed this item noting at the assessment hearing for these
projects a property owner had requested that the term of the assessment be extended from ten years to
4
Council Minutes: 12/10/0?
fifteen years. A letter was sent out to the affected property owners providing them an opportunity to
select either the ten year term or the fifteen year teen. Anew roll for those properties opting for
fifteen years will be prepared and sent to the County. Wayne Mayer asked about the budget impact
of extending the term to fifteen years. Tom Kelly indicated that the first couple of years of the
assessment payments may not match up with the bond payments but he did not feel it would have
significant impact.
WAYNE MAYER MOVED TO EXTEN THE TERM TO FIFTEEN YEARS FOR PROPERTY
OWNERS REQUESTING THIS ON THE ASSESSMENT ROLLS FOR THE CEDAR STREET
AND DUNDAS ROAD RECONSTRUCTION PROJECT (CITY PROJECT N0.2006-02C) AND
THE CHELSEA ROAD (FALCON AVENUE TO CSAH 18) RECONSTRUCTION PROJECT
(CITY PROJECT NO. 2006-31C). SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
8. Consideration of authorizing sale of $6.360.000 general obligation bonds
Todd Hagen from Ehlers and Associates provided information on the bids that were received. He
indicated that the amount of the bond issue had decreased from $6,360,000 to $6,045,000 and
explained the reasons for the decrease. The City has maintained their A2 bond rating and the
findings of the rating report were reviewed by Todd Hagen.
The City received five bids with interest rates that ranged from 3.6774% to 3.8183%.
The low bidder was Wells Fargo Brokerage Services, LLC with a true interest cost of 3.6774%.
WAYNE MAYER MOVED TO ACCEPT THE BI
D FROM WELLS FARGO BROKERAGE
SERRICES, LLC AND ADOPT THE REOOLUTION PROVIDING FOR THE ISSUANCE AND
SALE OF 46,045,000 GENERAL OBLIGATION BONDS, SERIES 2007A. TOM PERRAULT
SECONDED THE MOTIN. MOTION CARRIED UNANIMOUSLY.
9. Consideration of aaUroving final tax lew and budget for 2008
Finance Director, Tom Kelly summarized the proposed 2008 budget. The tota12008 budget for
expenditures is $28,707,837 with a general fund amount of $7,521,909. The tax levy proposed for
2008 is $7,600,000. Approximately $922,000 will be taken from reserves to fund the 2008 budget.
Clint Herbst felt the city was fiscally responsible in setting the 2008 budget.
BRIAN STUMPF MOVED TO ADOPT THE 2008 BUDGET AND RESOLUTION AS
PRESENTED WITH A LEVY OF $7,600,000. WAYNE MAYER SECONDED THE MOTION.
Tom Perrault felt some additional cuts could be made. He suggested transferring the full $250,000
from the liquor store as was done in previous years instead of just the $171,000. He also suggested
transferring the $100,000 from the EDA and cutting items such as the gazebo at Bridge Park. Clint
Herbst felt that cuts of $15,000 were not going to have much impact on residents' taxes. Susie
Wojchouski said her concern is the heavy use of the city's reserve funds to support the budget.
MOTION ON THE 2008 BUDGET CARRIED WITH TOM PERRAULT VOTING IN
OPPOSITION.
5
Council Minutes: 12/10/07
•
10. Consideration of Reviewing Policy for Applving Surcharge to Fund Costs Associated with
providing boosted water pressure -Monti Hill area
Brian Stumpf asked how the proposed $.02/100 cf would impact the users. Pat Kovich, the Utility
Billing Technician had provided examples. The examples for residential bills showed an increase
from $1.40 to $4.00. Sample bills were also done showing the impact on commercial and industrial
users. Brian Stumpf felt $0.02/100 cf fee was nominal fee and would be easier for the billing
department to implement.
The Council emphasized that when a development comes in that needs a booster station for water, the
new development through trunk charges will still be picking up the cost for construction of the
booster station as part of their development fees.
John Simola, Public Works Director, said they will have to expand the booster station in the area
because it is near capacity. The expansion cost will be picked up by development in the area.
Wayne Mayer asked how many more lots would need boosted water. John Simola replied the Monte
Club Hill and the area to the west, approximately 100 acres, would need it.
Tom Kelly asked if the option approved would start with the billing that goes out in January or with
the first quarter of 2008. Council felt it should occur with the billing that is sent out in January (4~'
quarter 2007).
Wayne Mayer felt as long as the City has control of the Monte Club Hill area, he agrees with the
decision to change the boosted water rates. If the Monte Club Hill becomes commercial, then he
would have a problem with that rate be blanketed over the city. Brian Stumpf suggested that be
covered in the motion.
BRIAN STUMPF MOVED TO BILL THE COST OPERATING THE BOOSTED SYSTEM OVER
THE ENTIRE WATER SYSTEM BASED ON A PROPOSED RATE INCREASE OF $0.02/1000F
BUT EXCEPTING THE CITY OWNED MONTE CLUB HILL SITE. WAYNE MAYER
SECONDED THE MOTIN. MOTION CARRIED WITH TOM PERRAULT VOTING IN
OPPOSITION.
11. Change Order approval process review
Brian Stumpf said he felt somewhat responsible for this item coming forward. He stated he was
not looking for a policy change but merely had questions on a particular changed order. He
stated he was not asking that every change order is approved by Council before staff can proceed
to authorize the work. Clint Herbst agreed that the City didn't need a policy and the questions on
the change order were a rarity. While he did not think a policy was necessary he did feel the
Council should continue to question those items that appear out of the norm. Wayne Mayer felt
there was nothing wrong with staff contacting the contractor and explaining that the change order
was going before the Council and making sure that negotiation was done to get the best price.
6
Council Minutes: 12/10/07
Bruce Westby stated he appreciated their comments and understood why they questioned the
items. By presenting this item he wanted to make sure that the Council and staff were in
agreement on the change order process. This item required no action by the Council.
12. Consideration of upgrade to security surveillance system for Lipuor Store
The Council discussed the proposals to upgrade the security surveillance system at Hi-Way
Liquors. Joe Hartman, Liquor Store Manager, stated that he has been pursuing approval for
these improvements for two years. He had gotten the three quotes as requested but the proposals
and information for the work were delayed or nixed by staff and not forwarded to Council.
The additional proposal submitted by Doug Lyseng, the individual, who currently works with the
computer system at City Hall, provides for a system that would be integrated with other
surveillance equipment at other city facilities. While this was perhaps the most advanced
system, he questioned whether the City would want to appropriate the additional funds for this
system when the other systems would be adequate. He added that these same systems were used
in other liquor stores and commercial business and were good products.
The Council noted the quote from Doug Lyseng was at $13,007.89 but the agenda item
referenced $13,800. Tom Kelly did not know what accounted for that difference.
Wayne Mayer felt the proposal from Doug Lyseng which included digital IP technology was
more state of the art and would integrate better with the fiber optics system that is installed.
WAYNE MAYER MOVED TO APPROVE THE PROPOSAL FROM DOUG'SCOMPUTER
SERVICES AT THE COST OF $13,007.909 TO PURCHASE SECURITY SYSTEM
IMPROVEMENTS FOR HI-WAY LIQUORS.
Brian Stumpf questioned whether the City had to accept the low bid. Because the products being
bid are different, legal counsel indicated the City is not required to accept the low bid. Tom
Perrault questioned where the additional funds not budgeted in 2007 were coming from.
Additional funds needed would be taken from the liquor store funds.
BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Added Items:
Special Meetings: The Council set Wednesday, January 2, 2008 at 5 p.m. as the special meeting date to
review the organizational analysis done by Sherie Le and discussion of the Kjellberg legal action. A
special meeting will be held on Thursday, December 20, 2007 at 6:30 a.m. for the Council to approve
payments for December.
Snowplowing: Brian Stumpf complimented the Public Works Department on the good job of
Snowplowing after the recent snow.
Susie Wojchouski asked if any cable or guard rail was supposed to be place on the off ramp. Brian
Stumpf agreed that something was needed there. Bret Weiss said he will check into this. Susie
Wojchouski raised a question on the 194 exit which she felt was confusing motorists because of
7
Council Minutes: 12/10/07
I94 being in the area.
13. Consideration of approving payment of bills for December, 2007.
SUSIE WOJCHOUSKI MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
14. Adiourn.
WAYNE MAYER MOVED TO ADJOURN AT 8:35 P.M. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
Recording Secretary
U
8
t ~~
~~.s
~ ~~
•
AFFIDAVIT SHOWING POSTING OF NOTICE OF
ORGANIZATIONAL MEETING FOR THE MONTICELLO
ECONOMIC DEVELOPMENT AUTHORITY
Ollie Koropchak, being first duly sworn, deposes and says:
On December 10, 2007 acting on behalf of the said City, I posted the attached Notice of an
Organizational meeting for the Monticello Economic Development Authority on the official bulletin
board for the City of Monticello,
Subscribed and sworn to before me thisl0th day of December, 2007
~.J ~A~9-~ `~
Ollie Koropchak
Economic Development Director
n
U
Notary
nAWN M. C'ROSSINGER
NOTARY PUBLIC -MINNESOTA
;~.i~:i. My Commission Expires Jan. 31, 2010
r~
LJ
•
EDA Agenda -12/18/07
6. Oaths of office. EXHIBIT D.
C:
Administer oath of office to commissioners and file copies of oaths as permanent record of the
EDA.
n
U
~~ ~
• OFFICIAL OATH OF OFFICE
I, Dan Frie, do solemnly swear that I shall support the Constitution of the
United States ofAmerica, the Constitution of the State of Minnesota and that
I will faithfully and justly discharge the duties of the office of the Economic
Development Authority of the City of Monticello, Minnesota to the best of my
judgment and ability.
Dan Frie
Subscribed and sworn to before me this 18`h day of December 2007.
•
Notary Public
DAWN/WORD/FORM/OATH
•
~.
• OFFICIAL OATH OF OFFICE
I, William Fair, do solemnly swear that I shall support the Constitution of
the United States of America, the Constitution of the State of Minnesota and
that I will faithfully and justly discharge the duties of the office of the
Economic Development Authority of the City of Monticello, Minnesota to the
best of my judgment and ability.
William Fair
Subscribed and sworn to before me this 18`h day of December 2007.
•
Notary Public
DAWN/WORD/FORM/OATH
•
~.
• OFFICIAL OATH OF OFFICE
I, William Demeules, do solemnly swear that I shall support the Constitution
of the United States afAmerica, the Constitution of the State of Minnesota
and that I will faithfully and justly discharge the duties of the office of the
Economic Development Authority of the City of Monticello, Minnesota to the
best of my judgment and ability.
William Demeules
Subscribed and sworn to before me this 18`'' day of December 2007.
Notary Public
DAWN/WORD/FORM/OATH
r
~J
~.
• OFFICIAL OATH OF OFFICE
I, William Tapper, do solemnly swear that I shall support the Constitution of
the United States of America, the Constitution of the State of Minnesota and
that I will faithfully and justly discharge the duties of the office of the
Economic Development Authority of the City of Monticello, Minnesota to the
best of my judgment and ability.
William Tapper
Subscribed and sworn to before me this 18`h day of December 2007.
Notary Public
DAWN/WORD/FORM/OATH
•
OFFICIAL OATH OF OFFICE
I, Robert Viering, do solemnly swear that I shall support the Constitution of
the United States of America, the Constitution of the State of Minnesota and
that I will faithfully and justly discharge the duties of the office of the
Economic Development Authority of the City of Monticello, Minnesota to the
best of my judgment and ability.
Robert Viering
Subscribed and sworn to before me this 18`h day of December 2007.
•
Notary Public
DAWN/WORD/FORM/OATH
•
. OFFICIAL OATH OF OFFICE
I, Clint Herbst, do solemnly swear that I shall support the Constitution of the
United States ofAmerica, the Constitution of the State of Minnesota and that
I will faithfully and justly discharge the duties of the office of the Economic
Development Authority of the City of Monticello, Minnesota to the best of my
judgment and ability.
Clint Herbst
Subscribed and sworn to before me this 18``` day of December 2007.
•
Notary Public
DA WN/H'ORD/FORM/OATH
•
• OFFICIAL OATH OF OFFICE ~'
I, Wayne Mayer, do solemnly swear that I shall support the Constitution of
the United States of America, the Constitution of the State of Minnesota and
that I will faithfully and justly discharge the duties of the office of the
Economic Development Authority of the City of Monticello, Minnesota to the
best of my judgment and ability.
Wayne Mayer
Subscribed and sworn to before me this 18`h day of December 2007.
Notary Public
DAWN/WORD/FORM/OATH
C
EDA Agenda -12/18/07
7. Adoption of Bylaws of Monticello Economic Development Authority as amended.
EXHIBIT E.
Presentation of the proposed Bylaws of the Monticello EDA.
ACTION REQUIRED TO ADOPT THE BYLAWS AS AMENDED.
8. Election of Officers.
A) President. ACTION REQUIRED
B) Vice President. ACTION REQUIRED
C) Secretary ex officio ACTION REQUIRED
D) Treasurer. ACTION REQUIRED
E) Assistant Treasurer ex officio ACTION REQUIRED (Recommendation City Finance
Director Tom Kelly.)
•
• 5
• BYLAWS OF THE
ECONOMIC DEVELOPMENT AUTHORITY
ARTICLE I -THE AUTHORITY
Section 1. Name of Authority, The name of the Authority shall be the "City
of Monticello Economic Development Authority."
Section 2. Office of Authority. The office of the Authority shall be at the City
Hall in the City of Monticello, State of Minnesota ("City"), but the Authority may hold its
meetings at such other place or places as it may designate by resolution.
Section 3. Seal of Authority. The seal of the Authority shall be in the form of a
circle and shall bear the name of the Authority and the year of its organization.
Section 4. Establishment. The City of Monticello Economic Development
Authority is established pursuant to Minnesota Statutes, Section 469.090 to 469.1081, as
amended.
• ARTICLE II -THE COMMISSIONERS
Section 1. Appointment, Terms, Vacancies, Pay, and Removal.
Shall be in accordance with the Amended and Restated Resolution Enabling the Creation of the
City of Monticello Economic Development Authority, dated October 22, 2007 and as it maybe
amended (the "Enabling Resolution"), and the Ordinance Relating to the Division of Economic
Development, Redevelopment and Housing Powers Between the Economic Development
Authority and the Housing and Redevelopment Authority; Amending City Code, Title II,
Chapter 3 dated December 10, 2007 (the "Ordinance").
ARTICLE III -THE OFFICERS
Section 1. Officers. The Authority shall elect a president, a vice president, a
treasurer, a secretary, and an assistant treasurer at the annual meeting. A commissioner
must not serve as president and vice president at the same time. The other offices may be
held by the same commissioner. The offices of secretary and assistant treasurer need not be
held by a commissioner.
Section 2. President. The President shall preside at all meetings of the
Authority. Except as otherwise authorized by resolution of the Board of Commissioners,
the President and the Executive Director (the in the Executive
Director's absence or incapacity) shall sign all contracts, deeds, and other instruments
made or executed by the Authority, except that all checks of the Authority shall be signed
by the Treasurer and Assistant Treasurer. At each meeting the President shall submit
325599v1 MNI MN190-130
such recommendations and information as he or she may consider proper concerning the
business, affairs, and policies of the Authority.
Section 3. Vice President. The Vice President shall perform the duties of the
President in the absence or incapacity of the President, including signing all contracts,
deeds, and other instruments executed by the Authority; and in the case of the resignation
or death of the President, the Vice President shall perform such duties as are imposed on
the President until such time as the Board shall select a new President.
Section 4. Secretary. The Secretary shall keep minutes of all meetings of the
Board and shall maintain all records of the Authority. The office of Secretary may be
held by the Executive Director upon approval thereof by the Authority.
Section 5. Treasurer's Duties. The treasurer:
1) shall receive and is responsible for Authority money,
2) is responsible for the acts of the assistant treasurer;
3) shall disburse Authority money by check only;
• 4) shall keep an account of the source of all receipts, and the nature, purpose,
and authority of all disbursements;
5) shall file the Authority's detailed financial statement with its secretary at least
once a year at times set by the Authority; and
6) shall prepare and submit an annual report describing the Authority's activities
and providing an accurate statement of its financial condition to the City of
Monticello by no later than one month following the annual meeting of the
Authority.
Section 6. Assistant Treasurer. The assistant treasurer has the powers and
duties of the treasurer if the treasurer in the absence or incapacity of the Treasurer, and
shall act as the Treasurer's agent and assistant in performing the duties of the Treasurer,
subject to the Treasurer's approval thereof.
Section 7. Public Money. Authority money is public money.
ARTICLE IV -EXECUTIVE DIRECTOR
The Economic Development Director shall be designated as Executive Director of the
Authority.
S Section 1. Duties. The Executive Director shall have general supervision over
325599v1 MNI MN190-130 Z
the administration of Authority business and affairs subject to the direction of the Authority.
The Executive Director in his or her own name and title may keep the records of the
Authority, may act as Secretary of the meetings of the Authority and record all votes, and may
keep record of the proceedings of the Authority in a journal of proceedings to be kept for such
purpose, and shall perform all duties incident to the office of Executive Director. The
Executive Director shall, with the President, sign all contracts, deeds, and other instruments
executed by the Authority, and shall keep in sole custody the seal of the Authority and shall
have power to affix such seal to all contracts and instruments authorized to be executed by
the Authority.
Any person appointed to fill the office of Executive Director, or any vacancy herein, shall have
such terms as the Authority fixes, but no commissioner of the Authority shall be eligible to
this office.
ARTICLE V -MEETINGS •
Section 1. Regular Meetings. Monthly meetings shall be held upon oral or
written notice at the regular meeting place of the Authority on the of the
month.
Section 2. Annual Meeting. The annual meeting of the Authority shall be held in
• conjunction with the regular April meeting at the regular meeting place of the Authority.
Section 3. Special Meetings. Special meetings of the Authority may be
called by the president or two members of the Authority for the purpose of transacting any
business designated in the call. All commissioners of the Authority shall be notified.
Section 4. onun. At any meeting of the Authority, the presence of four
commissioners shall constitute a quorum. If a quorum is not present at any meeting, those
present shall have power to adjourn the meeting from time to time without notice other than
announcement at such meeting until the requisite number of votes shall be present to
constitute a quorum. At any such adjourned meeting at which a quorum is present, any
business may be transacted which might have been transacted at the meeting as originally
called. Any resolution, election, or other formal action of the Authority shall be adopted upon
the affirmative vote of a majority of the Authority membership.
Section 5. Order of Business. At the regular meetings of the Authority the
following shall be the order of business:
1.
2.
3.
4.
5.
6.
• 7.
8.
Call to order.
Roll call.
Reading and approval of the minutes of the previous meeting.
Bills and communications.
Report of the Executive Director.
Report of committees.
Unfinished business.
New business.
325599v1 MNI MN190-130 3
9. Adjournment.
All resolutions shall be in writing and shall be copied in the journal of the proceedings of the
Authority.
Section 6. Unless otherwise specified in the Enabling Resolution or in these
bylaws, all meetings of the Authority shall be conducted in accordance with Roberts' Rules
of Order revised.
Section 7. Manner of Voting. The voting on all questions coming before the
Authority shall be by roll call, and the yeas and nays shall be entered upon the minutes of
such meetings.
ARTICLE VI -EMPLOYEES; SERVICES; SUPPLIES
Section 1. Employees. Subject to limits set by the appropriations or other
funds made available, the Authority may employ such staff, technicians, and experts as may
be deemed proper and may incur such other expenses as may be necessary and proper for
the conduct of its affairs.
Section 2. Contract for Services. The Authority may contract for services of
consultants, agents, public accountants, and other persons needed to perform its duties and
. exercise its powers.
Section 3. Legal Services. The Authority may use the services of-the City
attorney or hire a general counsel for its legal needs. The City attorney or general
counsel, as determined by the Authority, is its chief legal advisor.
Section 4. Sup lp ies• The Authority may purchase the supplies and materials it
needs to carry out Sections 469.090 to 469.1081.
Section 5. City Purchasing, The Authority may use the facilities of the City
purchasing department in connection with construction work and to purchase equipment,
supplies, or materials.
Section 6. City Facilities. Services. The City may furnish offices, structures
and space, and stenographic, clerical, engineering, or other assistance to the Authority.
Section 7. Delegation Power. The Authority may delegate to one or more of
its agents or employees powers or duties as it may deem proper.
ARTICLE VII -POWERS
Section 1. Functions, Powers, and Duties. Shall be in accordance with the
• Enabling Resolution and Ordinance.
Section 2. Limitations of Power. Shall be in accordance with the Enabling
325599v1 MNI MIY190-130 4
Resolution and Ordinance.
ARTICLE VIII -AMENDMENTS
•
Section 1. Amendment to Bylaws. The bylaws of the Authority shall be
amended by a majority vote of the Authority membership at a regular or special meeting.
The amendments must be in written form.
Section 2. Conflicts. In any instance where these bylaws are in conflict with
the Enabling Resolution or Ordinance, the Enabling Resolution and Ordinance shall
control.
Section 3. Effective Date. These bylaws are effective upon their adoption by
the Authority.
325594v1 MNI MN190-130 5
Dated: December 18, 2007.
Signed:
President
(Seal)
Executive Director
•
325599vi MNI MN190-130
EDA Agenda - 12/18/07
9. Adoution of a Resolution accepting transfer of projects and programs from the
Housing and Redevelopment Authority (HRA) to EDA: approving certain
organizational matters. EXHIBIT F.
ACTION REQUIRED BY ROLL CALL TO ADOPT RESOLUTION.
•
•
•
EDA RESOLUTION NO.
~, ~, ~ •• 1
RESOLUTION ACCEPTING TRANSFER OF PROJECTS
AND PROGRAMS FROM I3RA TO EDA; APPROVING
CERTAIN ORGANIZATIONAL MATTERS
•
BE IT RESOLVED by the City of Monticello Economic Development Authority ("EDA")
as follows:
1. The City Council has duly adopted an amended and restated Enabling Resolution
(Resolution No. ~ creating the EDA pursuant to Minnesota Statutes, Chapter 469 (the
"Act").
2. The Enabling Resolution provides that the EDA has and may exercise all of the
powers conferred by the Act upon a housing and redevelopment authority of the City.
3. By Resolution No. ,and pursuant to Section 469.094, Subdivision 2 of the
Act, the City Council transferred the control, authority and operation of any project defined in
Section 469.174, Subdivision 8 (relating to tax increment financing for such projects) and any other
project or program established by the Housing and Redevelopment Authority in and for the City of
Monticello (the "HRA") from the HRA to the EDA. The EDA accepts responsibility for the
control, authority and operation of each project and program of whatever nature heretofore
established by the HRA.
4. Section 469.094, Subdivision 2, of the Act provides that when a project or program
is transferred from the HRA to the EDA, the EDA must covenant and pledge to perform the terms,
conditions and covenants of any agreement of the HRA executed for the security of any bonds
issued in support of the transferred project or program and to perform the terms, conditions and
covenants of the HRA in connection with the program or project so transferred. The EDA hereby
covenants and pledges to assume all of the duties and responsibilities of the HRA in connection
with each and every program or project so transferred by the City from the HRA to the EDA.
5. The EDA appoints the Economic Development Director of the City of Monticello as
the Executive Director of the EDA.
6. The Executive Director is authorized and directed to take whatever steps are
necessary to give effect to this Resolution. The President and Executive Director are authorized and
directed to execute, deliver and accept on behalf of the EDA any and all documents and instruments
necessary to give effect to this Resolution.
325893v1 MNI MN190-130
Approved this December 18, 2007 by the Board of Commissioners of the City of Monticello
Economic Development Authority.
President
ATTEST:
Executive Director
•
•
325893v1 MNI MN190-130
EDA Agenda -12/18/07
10. Reading and approval of minutes of August 21.2007 EDA and November 7 2007
HRA. EXHIBIT G.
ACTION REQUESTED TO APPROVE MINUTES.
•
•
~~~~~~
MINUTES
MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
Wednesday, August 21, 2007 - 4:00 p.m.
City Hall -Academy Room
MEMBERS PRESENT: Chair Bill Demeules, Vice Chair Barb Schwientek, Tom Perrault, and
Ron Hoglund.
MEMBER ABSENT: Wayne Mayer
STAFF PRESENT: Executive Director Ollie Koropchak and Recorder Angela Schumann.
1. Call to Order.
Chairman Demeules called the meeting to order at 4:00 PM.
2. Roll Call.
Chairman Demeules declared Commissioners Schwientek, Perrault, Hoglund, and
himself to be present and declared a quorum.
• 3. Consideration to approve the Apri124.2007 and the August 8a' 2007 EDA minutes
G.
MOTION BY COMMISSIONER PERRAULT TO APPROVE THE EDA MINUTES OF
APRIL 24, 2007.
MOTION SECONDED BY COMMISSIONER HOGLUND. MOTION CARRIED, 4-0.
MOTION BY COMMISSIONER SCHWIENTEK TO APPROVE THE EDA MINUTES
OF AUGUST 8a', 2007.
MOTION SECONDED BY COMMISSIONER HOGLUND. MOTION CARRIED, 4-0.
4. Consideration of adding or removing agenda items
After discussion on the ability of all Commissioners to stay for discussion on a pending
merger of the EDA and HRA, Commissioner Perrault added as item 9b the discussion
and recommendation for the consolidation of the EDA and HRA.
Commissioner Perrault requested clarification on whether new Finance Director Tom
Kelly would be appointed to serve as Treasurer.
Koropchak responded that with the potential merger of the EDA and HRA, new officer
. appointments would be established. Perrault asked if Kelly would be appointed Treasurer
in the interim. Koropchak stated that could be an acceptable solution in the interim, but
~'
no official action is required at this time.
EDA Minutes - 08/21/07
Commissioner Perrault also requested information on interest rates in relationship to
disbursement payments on loans.
Perrault stated that the terms of GMEF Loan No. 026 to Washburn Computer Group were
approved on August 8`~. He questioned if interest rates changed in the period between the
authorization and disbursement, which is up to 180 days, whether the interest rate in the
loan agreement also adjusted. Koropchak responded that the interest rate remains at the
original rate approved by the EDA, although that wouldn't prevent an applicant from
requesting an adjustment if the rates went down. Koropchak reported that the applicants
sign a commitment form, which includes loan amount, terms and conditions.
5. Bills and Communications.
NONE.
6. Executive Directors Report.
NONE.
• 7. Committee Reports.
NONE.
8. Unfinished Business.
NONE.
9. New Business.
9A. Public Hearing -Consideration to approve the Business Subsidy Agreement for
GMEF Loan No. 026 to Washburn Computer Group
Chairman Demeules opened the public hearing regarding the approval of the Business
Subsidy Agreement for GMEF Loan No. 026.
Hearing no public comment, Chairman Demeules closed the public hearing.
Koropchak noted that the EDA had approved the Loan No. 026 at the last meeting. The
Business Subsidy Agreement had been included in the Commissioner's packets for
• reference. Koropchak stated that the benefit date is January of 2007. Requirements of
G~
EDA Minutes - 08/21/07
the loan include total job creation of 53 jobs at the specified wage levels. Koropchak
stated that the applicant is required to submit reports to satisfy the business subsidy
requirements. The loan approved by the EDA will be ratified by the Council on the 27~'
of August.
Schwientek requested that the EDA be notified if Washburn does execute the loan, as
their expansion plans as of this meeting are still contingent on client needs.
MOTION BY COMMISSIONER SCHWIENTEK TO APPROVE THE BUSINESS
SUBSIDY AGREEMENT FOR GMEF LOAN NO. 026 TO WASHBURN COMPUTER
GROUP.
MOTION SECONDED BY COMMISSIONER PERRAULT. MOTION CARRIED, 4-0.
9B. Consideration to discuss and make a recommendation to the Citv Council relative
to the consolidation of the HRA and EDA.
Council member and EDA commissioner Tom Perrault requested the HRA/EDA merger
task force agenda be added to the regular meeting of the EDA in lieu of the absence of
Council member Mayer and for input from the EDA commissioners. Following
Administrator O'Neill's introduction and background, Koropchak presented an agenda
identifying the items to be addressed for recommendation to the Council. The
commissioners agreed it was time to consolidate the EDA and HRA given the number of
vacancies on the commissions and to integrate City Council members into the city's
economic development process.
By a consensus of those in attendance: Tom Perrault, Ron Hoglund, Barb Schwientek,
and Bill Demeules, the following recommendations were made.
1. Recommended the HRA powers and assets be transferred to the EDA.
2. Recommended the EDA consist of seven commissioners.
3. Recommended the EDA commissioners be made up of two council members and five
non-council members.
4. Recommended at least three of the non-council members shall be residents of the City
of Monticello and not greater than two non-council members maybe non-residents of the
City of Monticello but must operate a business and own property in the City of
Monticello.
(Legal advice to determine if this recommendation to be written into the
ordinance/bylaws or a permanent policy.)
5. Recommended the EDA be granted the power to authorize the expenditure of tax
increment and approve Redevelopment Contracts and Purchase and Redevelopment
Contracts.
6. Recommended placing a minimum cash-balance cap of $1 million plus inflation
6
EDA Minutes - 08/21/07
(index) on the EDA funds to insure the preservation of GMEF revolving loan program.
(In order to maintain flexibility for local funding options and given the unknown future
and eligibility of TIF, this topic needs further discussion for consistency with the Comp
Plan Update and economic development goals. Seek legal advice whether this is an
ordinance/bylaw or guideline/policy item.)
Lastly, the members were given a brief outline of the steps necessary to formalize the
consolidation of the HRA/EDA.
10. Adjournment.
MOTION BY COMMISSIONER PERRAULT TO ADJOURN THE EDA MEETING.
MOTION SECONDED BY COMMISSIONER HOGLUND AND WITH NO FURTHER
BUSINESS, THE MEETING ADJOURNED AT 5:10 P.M.
Recorders
•
•
ri
MINUTES
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
Wednesday, November 7, 2007 - 6:00 p.m.
Bridge Room -Community Center
Commissioners Present : Vice Chair Bill Fair, Dan Frie, and Sandy Suchy.
Council Liaison Absent: Wayne Mayer.
Staff Present: Executive Director Ollie Koropchak.
1. Call to Order.
Vice Chair Fair called the HRA meeting to order at 6:00 p.m. declaring a quorum. Fair
thanked Suchy for her willingness to be appointed on an interim basis.
•
2. Consideration to approve the September 12 2007 HRA minutes
DAN FRIE MADE A MOTION TO APPROVE THE SEPTEMBER 12, 2007 HRA
MINUTES. SECONDED BY BILL FAIR AND WITH NO CORRECTIONS OR
ADDITIONS, THE MINUTES WERE APPROVED AS WRITTEN. SANDY SUCHY
ABSTAINED.
3. Consideration of adding or removing items from the a e
No items added or removed.
4. Consent Agenda:
None.
•
5. Consideration to Brant the Executive Director the authority to award a building material
inspection bid for Cedar Street Garden Center and further direction for demolition
The HRA purchased the Garden Center along East Broadway for $450,000 and closed on
June 25, 2007, agreeing to let the seller utilize the property through the end of 2007. Within the
Purchase Agreement, the sellers acknowledged there were no aboveground or underground
storage tanks located in or about the property. About a month ago the seller called to ask if the
HRA wanted to refill the fuel tank and was informed of an underground tank and due to the
alignment of the piping, the bulk dealer was unable to measure the amount of fuel in the tank.
With no disclosure of the underground tank during negotiations and the intent of the HRA to
demolish the building, additional costs will be incurred to remove the tank (size unknown) and
for soil testing. If contaminated soils, the cost would be even greater. HRA commissioners
were asked: Although the purchase price was equitable, how did the HRA wish to handle the
additional costs associated with the removal of the underground tank? Koropchak reported
~'
HRA Minutes -11/07/07
she had spoken with the sellers and noted there was no disclosure by the sellers in the purchase
agreement. With the completion of the going-out-of-business auction, the seller is still removing
items and expects to be done mid-November. The seller was reminded to call for the
disconnection of the city and electrical utilities and to notify and drop off the keys at the Office
of the Authority. An extra set of keys is at Red's Mobile across the street. The seller was
advised that the HRA would be conducting an internal hazardous material inspection in
November thereafter plans to go out for arequest-for-proposal for demolition and removal of
tank.
Given the alignment of the piping between the tank and building, Frie thought perhaps the tank
was an old furnace tank typical of the times. Fair said the site was once a gas station and
doubted the site was ever excavated. Suchy asked from the standpoint of the Chamber: Why
does the HRA want to demolish the building and have another vacant lot on main street?
Members responded the interest to demolish was that the building wasn't constructed for 12-
month use, the investment was for future redevelopment, the parcel also consists of a detached
garage and cement bins, and for security reasons.
The commissioners were informed that a second bid for inspection of hazardous materials
would not be solicited as Braun Tech has agreed to discount the total price of the HRA site and
potential City site by $500. The HRA bid from Braun Tech is $1,630.00. The commissioners
concurred with the information. Fair requested the Purchase Agreement or Deed be checked
to insure the HRA has the right to enter the property prior to the seller's vacation.
DAN FRIE MADE A MOTION GRANTING THE EXECUTIVE DIRECTOR THE
AUTHORITY TO AWARD THE BUILDING MATERIALS INSPECTION BID AND
AWARD A DEMOLITION BID BASED ON THE RECOMMENDATION OF CITY
STAFF. COST TO THE HRA NOT TO EXCEED $500 FOR TANK REMOVAL AND
SOIL TESTING. IF COST EXCEEDS $500, SELLER BECOMES LIABLE. SANDY
SUCHY SECONDED THE MOTION AND WITH NO FURTHER DISCUSSION, THE
MOTION CARRIED.
6. Consideration to adopt a resolution relating to the transfer of HRA project and programs to the
City of Monticello Economic Development Authority
Koropchak noted the resolution transfers the HRA project and programs (Exhibits A, B, C,
and D.) to the Economic Development Authority. Finalization of the transfer is actually at time
the EDA accepts the HRA project and programs. GIVEN THE DIRECTION OF THE CITY
COUNCIL, DAN FRIE MADE A MOTION TO ADOPT THE RESOLUTION
RELATING TO THE TRANSFER OF HRA PROJECT AND PROGRAMS TO THE CITY
OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY. SANDY SUCHY
SECONDED THE MOTION AND WITH NO FURTHER DISCUSSION, THE MOTION
CARRIED.
2
~'
HRA Minutes - 11/07/07
•
7. Consideration to authorize ~ayment of HRA bills.
DAN FRIE MADE A MOTION TO AUTHORIZE PAYMENT OF THE HRA BILLS.
SANDY SUCHY SECONDED THE MOTION AND WITH NO DISCUSSION, THE
MOTION CARRIED.
8. Consideration of HRA Executive Report.
Koropchak updated the commissioners stating that all four existing commissioners had
responded to the letter of interest to be considered for appointment on the new EDA. Fair,
Frie, and Demeules were interested and Schwientek was not interested. As authorized by the
Council at the October 22 meeting, an ad has been prepared for the city web site and the
Times and Shoppers advertising the positions available on the EDA. Deadline for applications,
November 30. It is the intent for the Mayor and Council to make the appointments of the
seven-member commission at the Council meeting of December 10, 2007.
9. Committee Reports:
a) Marketing. Frie, a member of the Marketing Committee, submitted the cost of membership
MNCAR. With their agent no longer a member, the cost to the committee would be a $250
one-time initiation fee and an annual cost of $1,464.
b) Fiber O tics: Included in Executive Director Report.
10. Adjournment.
DAN FRIE MADE A MOTION TO ADJOURN THE HRA MEETING. SANDY SUCHY
SECONDED THE MOTION AND WITH NO FURTHER BUSINESS, POWER, OR
ASSETS, THE HRA MEETING ADJOURNED AT 6:45 P.M.
Ollie Koropchak, Recorder
Chair
c:
•
•
11. Auproval of EDA Bills. EXHIBIT H.
ACTION REQUIRED TO APPROVE BILLS.
EDA Agenda - 12/18/07
•
Page: 2
Kennedy & Graven, Chartered
• 200 South Sixth Street
Suite 470
Minneapolis, MN 55402
City of Monticello
October 31, 2007
MN190-00125 Economic Development TIF (Walker Design)
Through October 31, 2007
For All Legal Services As Follows:
8/2/2007 JMP Prepare closing book; transmit information to EDA.
Total Services
For All Disbursements As Follows:
•
Postage
Photocopies
Total Disbursements:
Hours
1.00
Amount
115.00
115.00
4.60
15.00
19.60
Total Services and Disbursements:$
CI~~Y ft~ ~~~O~~TIOELLO
134.60
O K TO PAY?_
COd~: at`3 . L4.C~ ~ 3 ~ . 3o~{p
Inotial: ~-- ~`~~~...~o
l~~P~~ ~~
""'o
EK~n;~O;t Fl.
Kennedy & Graven, Chartered
200 South Sixth Street
Suite 470
Minneapolis, MN 55402
(612) 337-9300
41-1225694
December 7, 2007
Invoice # 80763
City of Monticello
Accounts Payable
505 Walnut Street, Suite 1
Monticello, MN 55362
MN190-00121 Economic Development TIF (Dahlheimer Distributing)
Through October 31, 2007
For All Legal Services As Follows: Hours
9/10/2007 MNI Review requested subordination agreement; revise and 1.50
circulate.
Tota! Services
•
(1 ~ ;; 1 2 .7.007
Amount
247.50
$ 247.50
Total Services and Disbursements:$ 247.50
~~ OK TO PAY? o 11,E
~~l ~ c~.~c~s3c~•3°`~0
~ ~- Code: ~'
Co
Initial: ~' `~' ~ ~~ ` a ~
CITY n~ ~~G~TICELLO
~~~ ~~'~ ~
MONTfCELLO TIMES
10917 VALLEY VIEW ROAD
EDEN PRAIRIE MN 55344
~) 392-6890
Fax(763)295-3080
Advertising Memo Bill
CITY OF MONTICELLO
ATTN: ACCOUNTS PAYABLE
505 WALNUT ST STE 1
MONTICELLO MN 55362
Amount Paid:
Comments:
Ad #: 762566
---------------------------------------------------------------------i-
o.oo~ a.oo ~ _ o.oo ~ o.oo ~ f 72.77
1~TICELLO TIMES
(952) 392-6890 • UNAPPLIED AMOUNTS ARE INCLUDED IN TOTAL AMOUNT DUE
,. p ~ ~~
y ~--- ~~
Kenned & Graven Chartered `
200 South Sixth Street
• Suite 470
Minneapolis, MN 55402
(612) 337-9300
Tax ID No. 41-1225694
October 19, 2007
Monticello HRA
City Hall
505 Walnut Street
Suite 1
Monticello, MN 55362
Through Seotember 30. 2007 ~,
MN190-00131 Transformation Home Loan mac' 391.25
Total Current Billing: 391.25
• I declare, under penalty of law, that this
account, claim or demand is just and correct
and that no part of it has been paid.
Signature of Cla~ant
D
~~ `~1 1 5 2007
~ ~ TO PAY? b=
~ ~- ~~ a~
I~~itlal: I -1 ~ ~ ~
CITY 01= MONTICELL0
Kennedy & Graven, Chartered
200 South Sixth Street
Suite 470
Minneapolis, MN 55402
(612)337-9300
41-1225694
October 19, 2007
Invoice # 79954
Monticello HRA
City Hall
505 Walnut Street
Suite 1
Monticello, MN 55362
MN 190-00131 Transformation Home Loan
Through September 30, 2007
For All Legal Services As Follows: Hours Amount
9/14/2007 MNI Review Transformation Home Loan info and begin drafting 0.50 82.50
loan documents for Felicia Whitmore loan.
9/16/2007 MNI Monticello documents -prepare for T Berg to draft. 0.20 33.00
9/17/2007 TLB Draft documents for home loan to Felicia Whitmore. 1.25 143.75
. 9/17/2007 MNI Office conference with T Berg regarding document 0.10 16.50
drafting.
9/17/2007 MNI Review and revise loan documents; email to Ollie at City. 0.70 115.50
Total Services : $ 391.25
Total Services and Disbursements:$ 391.25
n
U
EDA Agenda -12/18/07
12. Approval of Executive Director's Report• EXHIBIT I.
ACTION REQUIRED TO APPROVE REPORT.
13. A~~roval of Committee Reports.
A) Marketing Committee - Frie and Demeules.
ACTION REQUIRED TO APPROVE REPORT.
•
~ g
•
EXHIBIT I
Economic Development Report•
EDA Agenda -12/18/07
a) Transformation Home Loan No. 3 -September 27, 2007 was the closing date for this
rehabilitation loan for the property located at 312 East River Street. The HRA is in third
position behind JP Morgan/Chase and First Minnesota Bank. First Minnesota serves as the
escrow agent. Recorded mortgage on file in Office of the EDA.
b) Transformation Home Loan No. 2 -Tom Scott, city attorney, wrote a letter (September 4,
2007) confirming the HRA had an infinite extension of time to answer the summons. The Metro
Home Insulation, LLC vs. Antoinette Breiwick, et. al., Court File. The HRA was named in the
summons. October 30, 2007, follow-up with Scott - no further action required by HRA,
Complaint's attorney trying to settle $3,975 outside court.
c) Subordination Agreement between the HRA and K1einBank, September 10, 2007. - The
Executive Director executed a Subordination Agreement at the request from Rocky Mtn
Group, LLC. The HRA attorney did manage to review the original prepared agreement which
was amended to include a clause to protect the HRA in case of default prior to execution.
Copy of recorded document in the Office of the EDA.
d) Continuing Education Subcommittee met on November 8. Tim Zipoy of the Monticello
• Work Force Center provided some data on tY'aining/educational needs in the area. Koropchak
reported on the Owatonna model. The meeting concluded with an invitation to Doug Parr,
Dean of Riverland Community College, Owatonna, to share his experience. Secondly, the
subcommittee agreed to expand the subcommittee to include business leaders from Cargill
Kitchen Solutions (met with three leaders on December 7 and waiting for response); Xcel
Energy, Pat Thompson/Brad Sawatzke; and Monticello-Big Lake Community Hospital, Lynn
Olson accepted. SEE ATTACHED LETTER FOR BETTER UNDERSTANDING OF
SUBCOMMITTEE.
e) FiberNet Monticello - is the name approved by the City Council for the fiber optic entity.
Those on the finance/bond subcommittee are working with the appropriate professionals in
preparation for sale of the bonds to finance the system consistent with the Feasibility Study.
The marketing subcommittee is prepared a preliminary marketing plan as part of the
documentation necessary for the bond sale. They plan to hold a breakfast meeting in January
(quarterly) as a means of information and promotion of the industrial businesses. The head-in
building subcommittee is identifying a site and alternate site for construction of the building in
accordance to consultant recommendations. On November 27, a ground breaking was held
which officially launched the underground construction of the fiber optic system between city
hall, a lift station and the access point.
.]
1
•
EDA Agenda -12/18/07
f) Marketing committee -The monticelloland.com web site, city web-site, and Positively
Minnesota Community Profile/land search are being updated. Plans are to advertise (see
attached ad) in the Minnesota Real Estate Journal/Star Tribune Guide insert (December 17)
and January 2008 Journal which will highlight Wright and Sherburne Counties. Under
consideration -advertise in St. Cloud RIO and looking into potential linkage with Metro Eleven
County Region search web-site.
g) Leads -Local realtor inquired of industrial land for sale, south of I-94 and east of Hwy 25
for BRE project.
* Potential to build spec multi-tenant building for industrial users.
* Novozynes A/S - e-mailed Danish company looking to expand in Midwest.
* Washburn Computer Group -Work contract is on hold per Mr. Wentland. An executed
contract would result in the need fora 30,000 sq ft expansion. EDA approved a loan, with loan
document preparation upon execution of work contract. GMEF LOAN N0.26 becomes
null and void if the approved $275,000 loan is not disbursed by February 8,2008.
* Aware of two other Monticello industrial businesses looking to expand.
* Copy of letter to Eva, Inc., a medical technology business in Plymouth looking for a
headquarter site. (I think this maybe the same company a real estate agent (via company) who
cut Monticello from the list stating: Monticello was too far out.)
* Walker In-store facility under construction. Nice looking building. Both Brian Walker and
• the building department anticipate completion of the minimum improvements by or
around December 31, 2007 (construction completion date within the Purchase and
Development Contract). Brian noted the company probably would not complete their
relocation from Albertville to Monticello until March/April as this is their busiest
season.
* Business called looking for an existing or to build 10,000 sq ft facility for manufacturing
repair, product warehouse, office. Employees 10-12, wages $15-$20 with benefits. Unhappy
as there are no choices for telephone and cable service, the company excluded Monticello.
Called because they hear of the upcoming fiber optics from an agent.
h) Chelsea Road and Fallon Avenue improvements -The roads are paved and open. The
construction of the improvements in this area were delayed due the extensive de-watering
needed prior to construction of infrastructure. Completion work will resume in the spring.
i) Cedar Street Garden Center -The inspection for hazardous materials is complete; however,
the test results are not back. The water department secured three bids for capping two wells
on the site and was authorized to proceed with the lowest bid of $800. The public works
department will retain and relocate the cement bins. Demolition of the structures should be
completed by the end of the year or early part of 2008.
j) Comp Plan Update -the City Council and Planning Commission reviewed and discussed the
draft copy of the Comp Plan Update on November 28 and December 12. Plans are for a
community meeting in January and adoption in April.
n
U
2
• EDA Agenda - 12/18/07
k) EDA -Upcoming agendas: Appoint subcommittee members. Review GMEF
Guidelines/Policies, Preliminary Development Agreements/Deposit, Transformation Home Loan
Program. Establish EDA goals consistent with the Comp Plan and prioritize. Potential training
for EDA commissioners. Analysis of cash flow for Monticello Business Center.
1) The IDC will meet on January 8 to discuss the three organizational options presented to them
by Administrator O'Neill.
m) HAPPY HOLIDAYS! I'll be out of the office, beginning December 19 and back
December 26.
n) Copy of EDAM Conference - Take a look at the agenda.
•
•
MONTICELLO
Mr. Don Roberts
Cargill Kitchen Solutions, Inc.
206 West 4`~ Street
Monticello, MN 55362
November 30, 2007
Re: Request for a representative from Cargill Kitchen Solutions
Dear Mr. Roberts:
One of the economic development goals of the City of Monticello is to explore the potential for a continuing
education facility/campus in Monticello. A subcommittee consisting of the City Mayor and Administrator,
Monticello School District Superintendent and High School Principal, Ultra Machining Company (UMC) President,
and myself have met with representatives from Anoka-Ramsey Community College and St. Cloud State University.
The university and colleges aze very interested in working with Monticello. The potential of a continuing education
facility/campus in Monticello is very exciting as the need for awell-educated and skilled work force is important to
our employers, employees, students, and residents. Much less, just think about the overall economic benefit to our
community. In a world of rapidly changing technology -education is key to remain competitive.
• The first task of the subcommittee is to demonstrate a need for continuing education within the community and
surrounding area. Since this is a partnership between government, education, and business; the subcommittee
members agreed for the need to expand its membership to include additional business representation. Therefore, an
invitation has been extended to Xcel Energy, Cazgill Kitchen Solutions, and the Monticello Big-Lake Community
Hospital, in hopes, all three businesses will agree to assist in this community effort to explore the potential for a
continuing education facilitylcampus in Monticello,
Since this is a relatively new subcommittee, we have yet to establish a consistent meeting date and time. However,
at our next meeting, Doug Parr, Dean of Riverland Community College in Owatonna, will share his experience and
knowledge with the subcommittee.
Thank you for considering the subcommittee's invitation for Cargill Kitchen Solutions to become a partner in this
very exciting economic development opportunity. Should you need additional information, please contact me at 763-
271-3208 or oflie.koronchakna,ci.monticello.mn.us I look forwazd to meeting with you on December 7, 2007,
regazding the willingness to become a partner and to receive the name and contact information of your
representative.
Sincerely,
CITY OF MONTICELLO
Ollie Koropchak
Economic Development Director
. c: Clint Herbst, Mayor
Jeff O'Neill, Administrator
Monticello City Hall, 505 Walnut Street, Suite 1, Monticello, MN 55362-8831 • (763) 295-2711 • Fax (763) 295-4404
Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 • (763) 295-3 ] 70 • Fax (763) 271-3272
32~
~~~~ ~~~
~~~
Proposal Sabmitted To:
TAE BJORKLUND CO., INC.
15680 137x' St.
Becker, MN 55308
263-7952 - 295-2003
Date: December 10, 200'1
Work To Be Performed:
Name: Citv of Monticello Street:
Street: City:
City: Monticello Fax:
State: j-~ Zip Code:
Telephone Number: ,
We hereby propose to furnish alt the mstcriab and perform aU the labor necessary for the completion af:
~..
Abandonment of a 2" well approx 42 feet $200.00 .
A>~ndonment of a 4" well approx. 90 feet $600.00
Included 4 bags of grout, state petmits.
Over 4 bags of grout add $25 per bag
TOTAL: 5800.00
All material is guaranteed to be as specified, and the above work to be performed in accordance with the
drawing specifications submitted for above work and completed in a substantial workmanlike manner with
payments to be made as follows: Full payment opon completion
My alteration or deviation from above specifications involving extra costs, will be executed only upon written ordccs,
and will become on extra charge over and above the aati te. All agreements contingent upon strikes, accidents or
delays beyond our ~ntrol. Owner to cwry fire, tom other necessary insurance upon above work Workmen's
Compensation and Public Liability lnsurana on above taken out by The B' and Co. Inc.
Respectfully submitted
Per: The Bjorklund Company o
Note -This proposal may be withdrawn by us if not accepted within f0 days.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the
work as specified. Payment will be made as outlined above.
----~
Accepted 1~ - /~ - p 7 Signature
Date !~ - /~ -D ~7 Signature
Well Abandonment Proposal
Economic Development Association of Minnesota Page 1 of 5
•
EDAM 2008 Winter Conference
Start Date Start Time End Date End Time Location Event Registration
17 Jan 2008 10:30 AM 18 Jan 2008 3:00 PM Minneapolis Airport Marriott ~ E°Mt Add Evart to LiJJRegisterfor
Event Basket ~i' Event Now
2020 East American Blvd.
Bloomington, MN 55425
EDAM's 2008 Winter Conference:
Fueling The Road to Economic Development
Airport Marriott, Bloomington, Minnesota
•
Join us in January!
If you d like fo pay by check, download the registration pdf here and mail your registration to fhe EDAM
office.
On behalf of the EDAM Board of Directors and the Education Committee, I invite you to attend the 2008 EDAM Winter Conference on
January 17 and 18 at the Airport Marriott in Bloomington.
The 2008 Winter Conference has something for everyone! Given the increased attention to global warming and record-setting energy
costs, this year's conference topic will focus on alternative energy. Sessions will include presentations on LEED design, emerging
energy technology, energy as an economic development strategy, and finandng alternative energy deals.
Additionally, the conference will provide a track designed to refresh or enhance your economic development knowledge and skills.
Presentations will include such topics as proformas and development agreements, business retention and expansion tools, and
funding resources for development and infrastructure projects. Friday will also feature a panel discussion on how to lobby your
legislators.
If you have ever wondered how the EDIE award winners become award winners, this year's conference will also feature case studies
of the winning projects for redevelopment, business retenton and expansion, partnerships, and marketing. This will be a great
opportunity to learn from the direct experience of your colleagues.
Finally, this year's keynote presentations will highlight topics of great importance to economic development. The opening address will
feature Elwyn Tinklenberg, of the Tinklenberg Group, who will discuss infrastructure investment in Minnesota. DEED Commissioner
Dan McElroy will close the conference with a discussion of the Strategic Entrepreneurial Economic Development (SEED) initiative,
designed to grow small businesses throughout the Minnesota.
http://edam.org/cde.cfin?event=192625 12/13/2007
Prin r Email wn I ~ r
V io Ev n ~'~"OutlooWiCal Home
Economic Development Association of Minnesota
Page 2 of 5
We hope this conference will help you develop the skills and ideas to help your community succeed in the face the environmental and
social challenges of today. We took forward to seeing you in January.
Sincerely,
Marc Nevinski
EDAM President
Thursday, Jan. 17, 2008 • Schedule
9:30 to 10:30 a.m.
Committee meetings
10:30 to 11:00 a.m.
Registration
11:00 to 11:30 a.m.
Welcome and Introduction
Announcement of new board members and induction of new
president
11:30 a.m. to noon
EDAM Foundation Presentation
Noon to 1:30 p.m.
Lunch and Keynote Speaker
Elwyn Tinklenberg, The Tink/enberg Group
• Minnesota's Infrastructure Investment Strategies
1:30 to 2:30 p.m.
Session One
Track A
EDIE Summer Award Winners: Best Economic Development
Marketing Campaign
Peter J. Watdock, City of Faribault
The Faribault EDA worked in partnership with the Faribault
Chamber of Commerce and Faribault Industrial Development
Corporation to develop an overall branding and image
campaign. Faribault's marketing materials are unique and
award-worthy in several key ways. First, the photography and
well-written narrative artistically capture Faribault's excellent
quality of life and competitive economic development
opportunities. Second, the marketing materials present a
common theme and message that is shared and used by
each of the partners. Finally, the marketing materials allow for
expansion of the brand to other media types such as radio
spots, television ads, postcards, newsletters and more.
Track B
Training: Grant Writing
Kristin Batson, Minnesota Office of Grants Management
Track C
Alternative Energy: Energy Technology
• Dr. Clayton McNeff, SarTec Corporation
One of the inventors of the "Mygyan" biodiesel process,
http://edam.org/cde.cfin?event=192625
Friday, Jan. 18, 2008 • Schedule
8:30 to 9:30 a.m.
Session Four
Track A EDIE
Summer Award Winners: Best Business Retention/Expansion
Project
Scott Marquardt, City of Montevideo and the Montevideo EDA
for the J&D Construction project
J&D Construction is a manufacturing and construction business
that provides products and services to the agriculture and
renewable energy industries. J8~D Construction opened its doors
in 1980 with only two employees. The owners founded the
company by working out of a used 1974 pick-up truck they
purchased with an 18 percent interest loan. J&D Construction
invested more than $1 million in the project. The 33,000 square
foot facility features atwo-level, 90-foot-diameter circular office
building that replicates a500,000-bushel capacity grain bin,
which is a product manufactured by the company. The relocation
project allowed for the creation of ten new full-time jobs, paying
an average wage of $11.76 per hour. Today, the company
employs 75 people, and is involved in projects throughout a
multi-state area.
Track B
Training: Infrastructure Funding Sources
Randy Lasky, Northspan Group, Inc.; Tim Korby, LHB
Engineering
The speakers for this session will focus on funding sources that
are currently available to get municipal/government projects
implemented in today's ever-competitive market. Northspan and
LHB have been instrumental in structuring and securing funding
packages for a variety of community development projects for
more than 20 years. Our two speakers remarks will focus on
several case studies of projects currently being pursued or
recently completed that involved both public and private, and
IocaUregional, state and federal funding opportunities. They will
share information on various wastewater projects,
redevelopment projects and federal economic development
public works projects in northern Minnesota.
Track C
Alternative Energy: Legislative Update -Green Initiatives
Rep. Alice Hausman
Legislators are playing a very critical role in pushing the
renewable energy movement forward -bills including one that
mandated that electric companies like Great River Energy
produce a large percent of energy using renewable energy
means such as wind turbines -have made this movement a
12/13/2007
Economic Development Association of Minnesota
• McNeff will present a revolutionary process for making of
biodiesel fuel. In contrast to a more traditional method of
making biodiesel, learn about an alternative technology that
uses multiple feed stocks.
2:30 to 2:45 p.m.
Break
2:45 to 3:45 p.m.
Session Two
Track A
EDIE Summer Award Winners: Best Redevelopment Project
Jim Forsyth, Minneapolis Business Center
The Minneapolis Business Center is located in the Humboldt
Industrial Park in the Shingle Creek Neighborhood on the
northwest side of Minneapolis. It occupies a 10-acre
Brownfield previously owned by Canadian Pacific Railroad
that sat vacant for more than 90 years. This was due primarily
to the fact that the site was contaminated by a pesticide spill
that occurred on an adjacent property, and because it
contained petroleum impacted street sweepings. Real Estate
Recycling acquired the property and worked closely with the
City of Minneapolis and the Shingle Creek Neighborhood
Association to design astate-of-the-art industrial building. The
total cost of this project was just under $9 million, which
included acquisition, demolition, site preparation, pollution
remediation, new construction, and public improvements.
Partners in the project include the City of Minneapolis,
Hennepin County, the Metropolitan Council and DEED.
Track B
Training: Funding Sources, EDA Toolbox
Miles Seppe/t, City of Hutchinson
For those who are newer to the field of economic
development, an introduction to the various funding sources
available for economic development & redevelopment
projects. The seminar will also touch on how deals are
structured and will feature several case studies.
Track C
Two-Part Session on Sustainable Development: LEED and
GreenStar Programs
Roger Christensen, AIA, HCM Architects; Dan Lind, AIA,
LEED AP, HCM Architects; Mike St Martin, PE, Loucks
Associates
The Boston Scientific Weaver Lake 3 building was awarded
LEED Certification by the United States Green Building
Council in May 2006. It was the fourth building in Minnesota
to be awarded LEED Cerfification and is one of the first
laboratory buildings to be LEED Certified in the United States.
This session will provide insight into how the program works
and identify direction and decisions made by the project team
to accomplish LEED certification for the project.
Michae! Ansche), Verified Green, lnc.
Ansche) will give an overview of the Minnesota GreenStar
• program. He will also provide insight into the benefits,
standards, certification process and costs associated with
Page 3 of 5
reality. The upcoming session has countless issues that
legislators will be dealing with including school funding, green
design and addressing aging infrastructure such as the I-35
Bridge. Rep. Alice Hausman will cover many of the upcoming
issues for this legislative session including Renewable Energy,
transportation funding and what they are doing to attract and
retain new businesses to help bolster Minnesota's economy.
9:30 to 9:45 a.m.
Break
9:45 to 10:45 a.m.
Session Five
Track A
EDIE Summer Award Winners: Best Development Partnership
Award -North Branch EDA &Chisago County HRA-EDA
Chris Eng, Chisago County HRA-EDA
In 2003, the City of North Branch began the process of
developing 400 acres for amixed-use development located
north of Highway 95 and adjacent to Interstate 35. The
development would accommodate 100 acres of workforce
housing, 20 acres of commercial property and 200 acres
delineated for industrial development. By 2005, the city had
acquired all but 93 acres adjacent to Interstate 35. In December
2006, the Chisago County HRA-EDA and the city of North
Branch joined forces and acquired the remaining 93 acres to
complete the project. Concurrent with the land purchase(s), an
AUAR was completed, buildings were removed and planning for
the infrastructure was completed. In 2006, street, utility and
regional storm pond projects were completed to prepare the
property for development. In 2006, a developer for the housing
and commercial project was selected, with development
anticipated to begin in mid-2007.
Track B
Developing your Successful BR&E Approach
Michael Darger, BR&E Strategies Program, University of
Minnesota Extension
Retaining and expanding existing business is usually the highest
impact opportunity for an economic developer. A BR&E
(business retention and expansion} process or tool is necessary
for getting the information necessary to respond to existing
business needs and opportunities. What is your BR&E
approach? Are you: hi-tech orkeep-it-simple? a continuous or a
periodic visitor? conversation or data driven? individualist or
team-oriented? This session will explore some public and private
sector resources that can help you develop YOUR successful
BR&E approach.
Track C
Money-Raising Fundamentals that Economic Development
Professionals Need to Know About Renewable Energy Deals
Christina Brusven and Todd Taylor, Fredrikson and Byron
This session will provide an overview of important topics related
to raising equity and debt for renewable energy projects. The
session will focus on general principles that apply to all types of
renewable energy projects incuding windpower, biofuels, and
biomass and will also explore state and federal incentive and
http://edam.org/cde.cfin?event=192625 12/13/200?
Economic Development Association of Minnesota
•
•
•
getting a project certified under the GreenStar program.
3:45 to 4:00 p.m.
Break
4:00 to 5:00 p.m.
Session Three
Track A
EDIE Summer Award Winners: Best Business Retention
Project
Dave Bovee, City of Dawson for the Great Plains Lamb and
Veal Project
In 1999, the city of Dawson established a TIF district to assist
with the development of the city's industrial park. Shortly
thereafter, a group of area pork producers who had formed a
cooperative approached the City about building a processing
facility in the industrial park. The city, along with Lac Qui Parle
County, Minnesota Valley Rural Electric Cooperative, the
USDA, DEED and several area lenders partnered to provide
financing for the project. This project will create a minimum of
35 jobs paying minimum average wages of $10.58 per hour. It
is likely that this project will create an additional 55 jobs within
the first few years of business. All of these jobs could have
gone to South Dakota.
Track B
Training: How to Read Proformas, Development Agreements,
etc.
Sid Inman and Rebecca Kurtz, Ehlers & Associates
in this session you will team the basics of reviewing a
proforma for a development project and how to determine
how much public assistance is required to make a project
financially feasible. In addition, team how to use that
information to successfully negotiate a development
agreement. You will leave the session with the top things you
need to know when reviewing a proforma and drafting a
development agreement for a project in your community.
Track C
Alternative Energy: Elk River- Energy City
Vance Zehringer, Zehringer Consulting
Eik River has been known as "Energy City" since 1997, when
the Minnesota Environmental Initiative chose it from more
than 30 other applying communities to act as a geographical
focal point for the demonstration of efficient and renewable
energy products, services, and technologies. Their mission is
to help demonstrate the power of efficient and renewable
energy. Come team how your community can apply these
initiatives locally.
5:00 to 6:00 p.m.
Medallist reception and recognition
Page 4 of 5
grant programs available for renewable energy projects.
Attending this session will help prepare you for when renewable
energy developers ask you to assist them in obtaining the
millions of dollars they need for their project.
10:45 to 11:00 a.m.
Break
11:00 a.m. to noon
Session Six
Track A
EDIE Summer Award Winners: Best Economic Development
Initiative
Helen Conde, DEED
Thanks to a partnership that included Frontier Communications,
DEED Marketing and Business Development, DEED Dislocated
Worker Program, Dakota County Technical College, DEED
Workforce Center, DEED Labor Market Analysts, DEED
Information Analysis, DEED Communication Division, the
Bumsville Chamber of Commerce and the City of Bumsville; 153
jobs representing $6.7 million in payroll in Minnesota were
retained, with the possibility of adding another 50 to 100 jobs
and an additional payroll of $3 to $6 million.
Track B
Training: How to Lobby
Louis Jambois, Metro Cities; Carol Lovro, Association of
Minnesota Counties; Miles Seppelt, City of Hutchinson
Have you ever wanted to get your legislator's ear about an
issue? Have you ever felt overwhelmed by the prospect of
speaking with your representatives at the State Capitol? Two
industry experts -Carol Lovro, Association of Minnesota
Counties, and Louis Jambois, Metro Cities (Association of
Metropolitan Municipalities) -will share their tips for how to
effectively lobby your legislators. This session will wrap up with a
presentation from EDAM legislative committee co-chair Miles
Seppelt providing a summary of the EDAM's 2008 legislative
policies.
Track C
Renewable Energy Opportunities for Minnesota
Christina erusven and Todd Taylor, Fredrikson and Byron
Come and explore new frontiers in renewable energy
development. This session will discuss alternatives and
opportunities that "push the boundaries" of conventional
renewable energy development and will provide case studies on
some cutting edge developments.
Noon to 12:45 p.m.
Lunch
12:45 to 1:30 p.m.
Closing Keynote
DEED Commissioner Dart McElroy
Economic growth and the jobs that follow are highly dependent
on small business success in Minnesota. That's why Gov. Tim
Pawlenty is proposing that state lawmakers approve his new
Strategic Entrepreneurial Economic Development (SEED)
http://edam.org/cde.cfin?event=192625 12/13/2007
.7
Economic Development Association of Minnesota
Page 5 of 5
initiative when the Legislature convenes in February. Through
22 separate initiatives, SEED makes significant investments in
areas of the state most likely to build the base of small business
and ensure their success. McElroy will cover the highlights of
this exciting new initiative that combines education with
workforce and economic development throughout the state.
1:45 to 3:00 p.m.
EDAM Board Meeting
Please note: Schedule content is subject to change.
Registration fees (Payment received by Dec. 18)
Full Conference One-Day Only
EDAM member: $200 EDAM member: $145
Nonmember: $225 Nonmember: $165
Student: $45 Student: $35
Registration fees (Payment received on or after Dec. 18)
Full Conference One-Day Only
EDAM member: $225 EDAM member: $170
Nonmember: $250 Nonmember: $190
Student: $70 Student: $95
•
EDAM -Economic Development Association of Minnesota
1000 Westgate Drive, Ste. 252, St. Paul, MN 55114
Telephone 651-290-6296 ~ Fax 651-290-2266
To update your member info, please contact the EDAM offices.
Please a-mail the webmaster with any Web-related questions. Click here far legal notice.
C,
http://edam.org/cde.cfrn?event=192625 12/13/2007
•
14. New Business•
EDA Agenda -12/18/07
A) Review of the EDA Pre-Bond Sale Report and adoption of resolution providing for
the Sale of $6,100,000 Public Project Revenue Refunding Bonds, Series 2000A.
EXHIBIT J.
i) Reference and back ound:
EXHIBIT J. is the Pre-Sale Report as prepared by Ehlers and Associates, Financial
Consultants, for review by the EDA and includes aprocess/time schedule. The original
$7,555,000 HRA Bond relates to the financing of the Community Center.
At the Council meeting of November 26, 2007, the council members moved to support
the EDA in their action to proceed with the refinancing of Revenue Bond Series
2000A.
Todd Hagen, Ehlers & Associates, Inc. will review the EDA Pre-Bond Sale Report
with the commissioners.
• ii) Action Required:
ADOPT A RESOLUTION PROVIDING FOR THE SALE OF $6,100,000 PUBLIC
PROJECT REVENUE REFUNDING BONDS, SERIES 2000A.
L~
10
Lx~a
•
MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA
PRE-SALE REPORT: PUBLIC PROJECT REVENUE REFUNDING
BONDS
CITY: I~IOVEMBER 26, 2007
EDA: DECEMBER 'I 8, 2007
Proposed Issue: Public Project Revenue Refunding Bonds, Series 2008 (the "Bonds").
Purpose: To advance refund the outstanding Public Project Revenue Bonds, Series 2000A,
maturities due 2009-2015 totaling $5,740,000 in their entirety on February 1, 2008
(the "Prior Bonds"). Current coupon rates range from 5.75% to 6.25% (the
"Refunding").
In an advance refunding, the Bonds are sold more that 90-days in advance of the call
date of the Prior Bonds. The proceeds of the Bonds are invested in escrowed
securities to pay the Prior Bonds at the first opportunity on February 1, 2010 (the
"Escrow").
The City has determined to continue to use the municipal lease financing method by
which a lease is entered into between the City's EDA as lessor and the City itself as
lessee (the "Lease"). The EDA issues the Bonds payable solely from rent payments
to be paid by the City under the Lease.
Description: The Bonds are being issued pursuant to Minnesota Statutes, Chapter 465, to finance
the Escrow in the amount of $5,982,133.
Financing the Refunding requires a bond issue in the amount of $6,100,000. The
proposed finance plan consists of the sources and uses of funds attached to this
Report.
Rating: The City has an underlying "A2" rating by Moody's Investor Services. Because the
Bonds are not general obligation bonds, they are expected to be rated by Moody's
at an "A3" level. The EDA will be attempting to purchase bond insurance to bring
the rating to a "AAA" level. The City's concentration in its tax base has made bond
insurance more difficult to obtain.
• ~
Prepared by Ehlers -Leaders in Public Finance
• Term/Call Feature: Principal on the Bonds will be due on February 1 in the years 2009 through 2015.
Principal payments are structured to maintain the same uniform schedule as the Prior
Bonds. The Bonds will not be subject to prepayment prior to their maturity.
Funding Sources: It is expected that the same source of payment originally pledged to the Prior Bonds
will pay for the Bonds.
The Bonds are not general obligations or indebtedness of the EDA, but are special
obligations payable solely from rental payments made by the City under the Lease.
The payments under the Lease are such that they are sufficient to pay the principal
and interest on the Bonds as they become due. For a Facility of this type, a tax levy
is appropriated on an annual basis by the City Council for the payment of rental
payments only after the revenues of the facility financed by the Prior Bonds (the
"Facility") are found to be insufficient for their payment.
The Lease will contain an annual non-appropriation clause under which the City has
the right to terminate the Lease at the end of any fiscal year if it does not appropriate
moneys sufficient to make required payments for the next fiscal year under the
Lease. However, the City will represent in the Lease that it presently intends to
continue the Lease for its entire term. The City will also covenant in the Lease, to
extent permitted by law, not to substitute other property for the Facility if it elects
to terminate the Lease.
During the term of the Lease, title to the Facility will be in the City. If the Lease
should terminate prior to discharge of the Bonds, title to the Facility shall revert to
the EDA and the City shall cease to be entitled to occupy or otherwise possess the
Facility. The City may elect at any time during the term of the Lease to purchase
the Facility at a price sufficient to pay the remaining debt service due on the Bonds.
When the Bonds are paid in full, the City will have title to the Facility.
In an event of default under the Lease or termination of the Lease under the non-
appropriation clause, the bondholders may exercise all of the rights of the EDA
under the Lease, including the right to take possession of the Facility and sell the
Facility or any portion thereof at a public or private sale in accordance with
applicable state laws.
So long as the City has not exercised its ability to non-appropriate under the terms
of the Lease, the EDA's involvement is minimal. If the City exercises its rights to
terminate the Lease because ofnon-appropriation, bondholders could require that
the EDA try to sell or release the Facility.
Discussion Issues: The first interest payment on the Bonds will be August 1, 2008, and semiannually
thereafter on February 1 and August 1. The projected debt service and flow of funds
are attached to this Report.
• ~
Prepared by Ehlers -Leaders in Public Finance
•
Based on coupon rates of 3.80% to 3.95%, the savings of the Refunding is expected
to be around $180,000, after all fees and expenses. We will continue to monitor the
market and the call dates for the City and alert you to any other future opportunities.
Key Risk Factor: With an advance refunding, the key risk factor is the call date. Because the Prior
Bonds are first callable on February 1, 2010, to refund in 2008, it must be believed
that comparable or better conditions will not occur over the next two years.
Refunding Opts: We have reviewed all outstanding indebtedness for the City and find that the City
could current refund the outstanding General Obligation Improvement Bonds, Series
2000A, maturities due 2009-2016 totaling $1,000,000 in their entirety on February
1, 2008. Current coupon rates range from 5.15% to 5.65%. The refunding could
save the City around $50,000. We will continue to monitor the market and the call
dates for the City and alert you to any future opportunities.
Bank Qualified: The Bonds will be "qualified tax-exempt obligations", which will allow banks to
buy the Bonds at slightly lower interest rates.
Arbitrage Rebate: With increasing short-term investment rates, IRS rules regarding the amount of
interest that the City may earn on bond proceeds is more of a concern. Because the
City is issuing over $5,000,000 for the calendar year, the City must spend the
proceeds according to the Escrow to avoid needing to rebate or repay interest earned
that is more than the interest rate on the Bonds. The excess interest earnings are
known as "arbitrage". The City will also need to keep its debt service funds within
IRS parameters to avoid penalties on carrying too high of a balance during the life
of the Bonds.
• ~
Prepared by Ehlers -Leaders in Public Finance
•
Schedule:
City Pre-Bond Sale Review: November 26, 2007
EDA Pre-Bond Sale Review: December 18, 2007
Ehlers distributes Official Statement: Week of December 31
~~
U
Conference with Rating Agency:
City approve Lease:
EDA Bond Sale:
Estimated Closing Date:
Notification Date of Call:
Attachments:
Sources and Uses of Funds
Proposed Debt Service Schedule
Bond Buyer Index
Resolution authorizing Ehlers to proceed with Bond Sale
Ehlers Contacts:
Financial Advisors
Bond Analysts:
Bond Sale Coordinator:
Todd Hagen (651) 697-8508
Mark Ruff (651) 697-8505
Diana Lockard (651) 697-8534
Debbie Holmes (651) 697-8536
Connie Kuck (651) 697-8527
Week of December 31
January 14, 2008
January 16, 2008
January/February, 2008
February/March, 2008
The Official Statementfor this financing will be mailed to the Board Members and Council Members at their
home address for review prior to the sale date.
Prepared by Ehlers -Leaders in Public Finance
1
City of Monticello HRA, MN
' $6,100,000 Lease Revnue Refunding Bonds, Series 2008
Proposed Net Cash Refunding of
$7,555,000 Public Project Revenue Bonds, Series 2000A
Table of Contents
Report
Prior Original Debt Service ~
Debt Service Schedule 2
Sources & Uses 3
Debt Service Comparison 4
Escrow Fund Cashflow
5
07 netcash ref Ser OOA $7 ~ SINGLE PURPOSE I 1 t/ 62007 19:53 AM
• ~ • ~
.1' ~ ~
City of Monticello HRA~ MN
$7,555,000 Public Project Revenue Bonds, Series 2000A
Prior Original Debt Service
Date Prinapal Coupon Interest Total P+I Fiscal Total
08/01/2008 -
02/01/2009
505,000.00 -
5.750% 175,075.00
175,075.00 175,075.00
680
075
00
08/01/2009 ,
. 855,150.00
02/01/2010
530,000.00 -
5.750% 160,556.25
160
556.25 160,556.25
690
556
25
08/01/2010 , ,
. 851,112.50
02/01/2011 -
870,000.00 -
6.125% 145,318.75
145 318.75 145,318.75
1
015 318
75
08/01 /2011 ,
. 1,160 637.50
02/01 /2012 -
920,000.00 -
6.125% 118,675.00
118,675.00 118,675.00
1
038
675
00
1
1
08/01/2012 ,
,
. ,
57,350.00
02/01!2013
950, 000.00 -
6.125% 90,500.00
90,500.00 90,500.00
1
040
500
00
08/01 /2013 ,
,
. 1,131,000.00
02/01/2014 -
970,000.00 -
6.250% 61,406.25
61,406.25 61,406.25
1
031
406
25
08/01 /2014 ,
,
. 1,092,812.50
02/01 /2015 -
995, 000.00 -
6.250% 31, 093.75
31
093
75 31,093.75
Total
55
740
000
00 ,
. 1,026,093.75 1,057,187.50
,
,
. - 51,565,250.00 $7,305,250.00
Yeld Statistics
Average Life JJ01/2008
Average Cougon 4 423 Years
Weighted Average Maturity (Par Bans) 6 1648287%
4 423 Years
Refunding Bond Information
Refunding Dated Date
Refunding Delivery Date 2/01/2008
2/01 /2008
Ser OOA $7,SSSK Pub Proj ~ SINGLE PURPOSE i 11/ 6!2007 ~ 9:53 AM
City of Monticello HRA, MN
$6,100,000 Lease Revnue Refunding Bonds, Series 2008
Proposed Net Cash Refunding of
$7,555,000 Public Project Revenue Bonds, Series 2000A
Debt Service Schedule
Date Prinapal Coupon interest Total P+I Fiscal Total
02/01 /2008 _
08!01 /2008
02/01/2009 -
595,000.00 -
3.800% 118,113.75
118
113
75 118,113.75
08/01/2009 ,
. 713,113.75 831,227.50
02/01/2010
610,000.00 -
3.800% 106,808.75
106
808
75 106,808.75
08/01/2010 ,
. 716,808.75 823,617.50
02/01/2011 -
945,000.00 -
3.850% 95,218.75
95
218
75 95,218.75
08/01/2011 ,
. 1,040,218.75 1,135,437.50
02/01/2012
980,000.00 -
3.850% 77,027.50
77
027
50 77,027.50
08/01 /2012 ,
. 1,057,027.50 1,134,055.00
02/01 /2013
990,000.00 -
3.900% 58,162.50
58
162
50 58,162.50
08/01/2013 ,
. 1,048,162.50 1,106,325.00
02/01/2014 -
990,000.00 -
3.900% 38,857.50
38
857
50 38,857.50
08/01/2014 ,
. 1,028,857.50 1,067,715.00
02/01 /2015 -
990,000.00 -
3.950% 19,552.50
19
552
50 19,552.50
Total $
6
100
000
00 ,
. 1,009,552.50 1,029,105.00
,
,
. - $1,027,482.50 $7,127,482.50
Veld Statistics
' Bond Year Dollars
Average Life $26 390.00
Average Coupon 4 326 Years
3 8934540%
Net Interest Cost (NIC)
True Interest Cost (TIC) 4 1748482%
Bond Yleld forArbltrage Pur poses 4 2078111%
All Inclusive Cost (AIC) 4 0127234%
4 3
887036%
IRS Fotm 8038
Net Interest Cost
Weighted Average Maturity 3.8934540%
4 326 Years
07 netpsh ref Ser OpA $7 I SINGLE PURPOSE 1 11/ 6/2007 1 9:53 AM
City of Monticello HRA, MN
$6,100,000 Lease Revnue Refunding Bonds, Series 2008
Proposed Net Cash Refunding of
$7,555,000 Public Project Revenue Bonds, Series 2000A
Sources & Uses
Dated ovouz008 I Demfered oyo~rzoos
Sources Of Funds
Par Amount of Bonds
$6 100 000.00
Total Sources
$6100 000.00
Uses Of Funds
Total Underwriter's Discount (0 750%)
Costs of Issuance 45 750 00
Gross Bond Insurance Premium (40.0 bp) 42 000.00
Deposit to Net Cash Escrow Fund 28 509 93
Roundlng Amount 5 982 132 82
1 607 25
Total Uses
56100 000.00
07 netcash ref Ser OOq $7 ~ SINGLE PURPOSE 171! 612007 ~ 9:53 AM
City of Monticello HRA, MN
$6,100,000 Lease Revnue Refunding Bonds, Series 2008
Proposed Net Cash Refunding of
$7,555,000 Public Project Revenue Bonds, Series 2000A
Debt Service Comparison
Date Total P+I Net New D/S Old Net D/S Savin s
02/01!2008
(1,607.25)
02/01 /2009
831,227.50
831,227.50 -
855,150.00 1,607.25
23
922
50
02/01/2010
02/01/2011 823,617.50 823,617.50 851,112.50 ,
.
27,495.00
1,135,437.50 1,135,437.50 1
160
637
50 ,
,
.
25,200.00
02/01!2012 1,134, 055.00 1,134,055.00 1,157,350.00 23
295
00
02/01 /2013 1 106,325.00
02/01/2014 1,106 325.00 1,131 000.00 ,
.
24,675.00
1,067,715.00
02/01/2015 1
029
105
00 1,067,715.00 1,092,812.50 25,097.50
,
,
. 1,029,105.00 1,057,187.50 28
082.50
Total $7,127,482.50 $7,125,875.25
$7,305,250.00 ,
$179,374.75
PV Malvsis Summary (Net to Net)
Net FV Cashflow Savings
Gross PV Debt Service Savings 179 374 75
156 657 57
Net PV Cashflow Savings @ 4.013%(Bond Yield).
156 657 57
Contingency or Rounding Amount ....................
Net Present Value Benefit 1 607 25
$158,264.82
Net PV Benefit / $5 740 000 Refunded Princi al...
Net PV Benefit / $6 100 000 Refundin Princi al.. 2 757%
2.595%
Net PV Benefit / $6 228 147.64 PV Refunded Debt Service
Average Annual Cash Flow Savings ................. 2.541
25 624 96
Refunding Bond Information
Refunding Dated Date
Refunding Delivery Date 2/01/2008
2/01 /2008
07 netcash ref Ser OOA $7 ~ SINGLE PURPOSE I i 1/6/2007 ~ 9:53 AM
City of Monticello HRA, MN
$6,100,000 Lease Revnue Refunding Bonds, Series 2008
Proposed Net Cash Refunding of
$7,555,000 Public Project Revenue Bonds, Series 2000A
Escrow Fund Cashflow
Date Prinapal Rate Interest Receipts Disbursements Balan
ovol/2o08 ce
08!01/2008 71,902.00 4.000%
02/01/2009 103,172.31 175,074.31 175,075.00 0.82
0
13
556,464.00 3.930%
08/01/2009 58
814
00 3
870% 123,611.16 680,075.16 680,075.00 .
0,29
,
.
.
02/01/2010 5,294,952.00 3.800% 101,742.13
100,604.08 160,556.13
5
395
556
08 160,556.25 0.17
Total 55
982
132
00 ,
,
. 5,395,556.25
,
,
.
- 5429,129.68 $6,411,262.50 $6,411,262.50
Investment Parameters
Investment Model [PV GIC or Securities!
Default mvestment geld tar et Securties
Bond Yield
Cash Deposit
Cost of Investments Purchased with Bond Proceeds 0 82
Total Cost of investments 5,982,132.00
$5 982,132.82
Target Cost of investments at bond yield
Actual poslttve or (negatroe) arbitrage $5 959 900 80
(22 232 02)
Yield to Recei t
Yield for Arbitra a Pur oses 3.8058070%
4.0127234%
State and Local Government Series SLGS rates for
10/25/2007
07 netcash ref Ser OOA $7 ~ SINGIE PURPOSE ~ 11/ 6/2007 i 9:53 AM
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~ N ~ ~ CO V N O
EDA Resolution No, l ~ ~
~~
Resolution Providing for the Sale of
$6,100,000 Public Project Revenue Refunding Bonds, Series 2008
WHEREAS, the Housing and Redevelopment Authority (the "HRA") in and for the
City of Monticello (the "City") previously issued its $7,555,000 Public Project Revenue Bonds,
Series 2000A (the "Series 2000A Bonds") pursuant to that certain Trust Indenture by the HRA to
U.S. Bank Trust National Association dated as of March 1, 2000 (the "Indenture"); and
WHEREAS, the City Council of the City has taken the necessary steps to allocate all
powers and projects of the HRA to the City of Monticello Economic Development Authority (the
"EDA"), and the HRA, by its Resolution No. _, dated November 7, 2007, has transferred and
assigned to the EDA all outstanding contracts to which the HRA is a party and all bonded
indebtedness issued by the HRA, including the Indenture and the Series 2000A Bonds; and
WHEREAS, the Board of Commissioners ("Board") of the EDA now determines that it
is necessary to issue its $6,100,000 Public Project Revenue Refunding Bonds, Series 2008 (the
"Bonds"), to advance refund the outstanding 2009-2015 maturities of the Series 2000A Bonds
totaling $5,740,000 in their entirety on February 1, 2008; and
WHEREAS, the EDA has retained Ehlers & Associates, Inc., in Roseville, Minnesota
("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit
proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9).
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of
Monticello Economic Development Authority as follows:
Authorization. The Board hereby authorizes Ehlers to solicit proposals for the sale of the
Bonds.
2. Meeting; Proposal Opening. The Board shall meet at _:_ p.m. on January _, 2008, for
the purpose of considering proposals for and awarding the sale of the Bonds.
3. Official Statement. In connection with said sale, the officers or employees of the EDA
are hereby authorized to cooperate with Ehlers and participate in the preparation of an
official statement for the Bonds and to execute and deliver it on behalf of the EDA upon
its completion.
•
325722v1 MNI MN190-130
Approved by the Board of Commissioners of the City of Monticello Economic
Development Authority this 18th day of December, 2007.
President
ATTEST:
Secretary
•
325722v1 MNI MN190-130
EDA Agenda -12/18/07
B) Approval of a Second Amendment to the Contract for Private Development by and
among Master's Fifth Avenue, Inc. and City of Monticello Economic Development
Authority. EXHIBIT K.
i) Reference and back rg ound:
The Contract for Private Development was approved September 7, 2005, for
reimbursement with land acquisition costs by Barry Fluth associated with proposed
construction of an approximately 11,000 sq ft retail center, known as Landmark
Square II. Redevelopment TIF District No. 1-35 was certified August 1, 2006 and the
five year rule is August 1, 2011. Two homes were demolished and one home moved
from the three parcels after certification of the district. However, given the market for
downtown retail/office use, the proposed construction has not occurred. Therefore, the
district has not generated any tax increment.
On June 7, 2006, an amendment to the Contract was approved amending the
construction commencement and completion dates and the reimbursement payment
schedule for the approved not-to-exceed $170,000 net present value pay-as-you-go
note.
Given the market for downtown retail/office use has not im roved Mr. Fluth is
P
requesting the EDA approve a Second Amendment to amend the construction
commencement date from May 31, 2007, to May 31, 2009, and the construction
completion date from December 31, 2007, to December 31, 2009, and the semi-
annual installment payable to commence August 1, 2011 and concluding no later than
the Termination Date.
For your information, Mr. Fluth has requested the Planning Commission at their January
2, 2008 meeting, to extend the Conditional Use Permit associated with this project.
ii) Alternative Action Required.
Approve a Second Amendment to the Contract for Private Development by
and among Master's Fifth Avenue, Inc and the City of Monticello Economic
Development Authority.
2. Deny approval of a Second Amendment to the Contract for Private
Development by and among Master's Fifth Avenue, Inc. and the City of
Monticello Economic Development Authority.
11
EDA Agenda - 12/18/07
iii) Recommendation:
Given the downtown market for retail/office use is beyond the control of the developer
and to encourage compliance with the Contract, the Executive Director recommends
Alternative No. 1.
12
SECOND AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT ~ v
•
This agreement is made as of December 2007, by and between the CITY OF
MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, a public body politic and
corporate (the "EDA") and MASTERS FIFTH AVENUE, INC., a Minnesota corporation (the
"Developer").
WHEREAS, the Housing and Redevelopment Authority in and for the City of Monticello
("HRA") and Developer entered into that certain Contract for Private Development dated
September 7, 2005, as amended by that Amendment to Contract for Private Development dated as
of June 7, 2006 (the "Contract") providing, among other things, for the construction of certain
improvements (the "Minimum Improvements") on the property legally described within the
Contract (the "Development Property") within the City of Monticello (the "City"); and
WHEREAS, the City Council of the City has taken the necessary steps to allocate all
powers and projects of the HRA to the EDA, and the HRA, by its Resolution No. ~ dated
November 7, 2007, has transferred and assigned to the EDA all outstanding contracts to which the
HRA is a party, including the Contract; and
WHEREAS, the Developer has requested and the EDA has determined to extend the dates
of commencement and completion of construction of the Minimum Improvements described in the
Contract.
• NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
1. Section 4.3 of the Contract is amended as follows:
(c) Commencement and Completion of Construction. Subject to Unavoidable Delays, the
Developer shall commence construction of the Minimum Improvements by May 31, 2009. Subject
to Unavoidable Delays, the Developer shall complete the construction of the Minimum
Improvements by December 31, 2009. All work with respect to the Minimum Improvements to be
constructed or provided by the Developer on the Development Property shall be in conformity with
the Construction Plans as submitted by the Developer and approved by the Authority.
2. Section 3.4(a) of the Contract is amended as follows:
(a) Subject to the temis and conditions of this agreement, the Land Acquisition Costs will
be reimbursed to the Developer with simple interest thereon 6.50% per annum, interest commencing
to accrue on the date that the Developer complies with the cost certification requirement described
in paragraph (f) of this Section. The Land Acquisition Costs will be reimbursed by the Authority to
the Developer in semi-annual installments payable on each February 1 and August 1 ("Payment
Dates") commencing August 1, 2011 and concluding no later than the Termination Date. These
payments will be made from Available Tax Increment as defined in this Section 3.4 and from no
other source.
• 3. All other terms of the Contract remain the same.
292753v1 MN[ MN190-L IS
• Dated this 18th day of December, 2007.
Masters Fifth Avenue, Inc.
By:
Its
THIS DOCUMENT DRAFTED BY:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
• Minneapolis, Mn 55402
(612)337-9300
n
U
City of Monticello Economic Development
Authority
By:
Its President
By:
Its Executive Director
292753v1 MNI M~I190-115
• EDA Agenda -12/18/07
C) Consideration to approve a Second Amendment to the Contract for Private
Development by and among First National Bank of Elk River, as assignee to Front
Porch Associates, Ltd; the City of Monticello Economic Development Authority, and
the City of Monticello. EXHIBIT L.
i) Reference and back ound:
On May 1, 2002, the HRA entered into a Contract with the City and the developer,
Mike Cyr, Front Porch Associates, LTD, for reimbursement of land acquisition and site
improvement costs up to $220,000 associated with the Vine Place housing project. The
Contract was assigned to the First National Bank of Elk River on Apri124, 2002. A
first amendment to the Contract occurred January 13, 2003.
Within the Contract the developer was to complete construction of 18 townhouses
located within TIF District 1-29 by no later than December 31, 2004, and to complete
construction of at least eight additional townhouses located within the adjacent property
by no later than December 31, 2007. The 18 townhouses within the TIF District are
complete and are generating tax increment.
Five of the eight additional townhouses were issued occupancy permits by the Building
Department. Upon completion of the eight townhouses, a certificate of completion as
per the Contract will be issued to the developer. The proposed amendment simply
amends the completion date for the eight additional townhouses located within the
adjacent property from December 31, 2007, to December 31, 2008.
ii) Alternative Action Required:
1. Approve a Second Amendment to the Contract for Private Development by
and among First National Bank of Elk River, as assignee to Front Porch
Associates, Ltd; the City of Monticello Economic Development Authority; and
the City of Monticello.
2. Deny the approval of a Second Amendment to the Contract for Private
development by and among First National Bank of Elk River, as assignee to
Front Porch Associates, Ltd; the City of Monticello Economic Development
Authority; and the City of Monticello.
•
13
• EDA Agenda -12/18/07
iii) Recommendation.
Given the housing market is beyond the control of the developer and to encourage
compliance of the Contract, the Economic Development Director recommends
Alternative No. 1.
•
LJ
14
~'~ l
~,~ ~ `
~~
SECOND AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT
THIS AGREEMENT is made this _th day of January, 2008, by and among CITY
OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, a public body
corporate and politic under the laws of Minnesota (the "EDA"), the CITY OF
MONTICELLO, a Minnesota municipal corporation (the "City") and FIRST NATIONAL
BANK OF ELK RIVER, as assignee of FRONT PORCH ASSOCIATES, LTD., a
Minnesota corporation (the "Developer").
WITNESSETH:
WHEREAS, the Housing and Redevelopment Authority in and for the City of
Monticello (the "HRA"), the City, and the Developer entered into a Contract for Private
Development dated May 1, 2002, as amended by that certain First Amendment to
Contract for Private Development dated as of January 13, 2003 (the "Contract"} in order
to facilitate development of a anowner-occupied housing facility in the City (the
"Minimum Improvements"); and
WHEREAS, the City Council of the City has taken the necessary steps to allocate
all powers and projects of the HRA to the EDA, and the HRA, by its Resolution No. _,
dated November 7, 2007, has transferred and assigned to the EDA all outstanding
contracts to which the HRA is a party, including the Contract; and
WHEREAS, the Developer has requested and the EDA has determined to extend
the dates of completion of construction of the Minimum Improvements described in the
Contract.
NOW, THEREFORE, in consideration of the premises and the mutual
obligations of the parties hereto, each of them does hereby covenant and agree with the
other as follows:
Section 4.3(d) is amended to read as follows:
(d) At least eight additional Townhouses shall be completed on the Adjacent
Property by no later than December 31, 2008.
2. Except as specifically amended herein, the Contract remains unaltered and in full
force and effect. Nothing herein waives any right, obligation, or claim of default,
whether made or not, of any party hereto.
3. The Authority or the City may record this Second Amendment in the public land
records in and for Wright County, Minnesota. The Developer shall pay all costs for
recording.
•
325859v t MNI MN 190-97
•
•
•
STATE OF MINNESOTA )
SS.
COUNTY OF WRIGHT )
CITY OF MONTICELLO ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
The foregoing instrument was acknowledged before me this day of ,
200_, by and the President and
Executive Director of the City of Monticello Economic Development Authority, on behalf
of the Authority.
Notary Public
325859v1 MNI MN190-91 S-1
•
•
STATE OF MINNESOTA )
SS.
COUNTY OF WRIGHT )
CITY OF MONTICELLO
By
Its Mayor
By
Its Administrator
The foregoing instrument was acknowledged before me this day of ,
2008, by and the Mayor and
Administrator of the City of Monticello, Minnesota, on behalf of the City.
325859v1 MNIMN190-97
Notary Public
S-2
FIRST NATIONAL BANK OF ELK RIVER
By
Its
STATE OF MINNESOTA )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day
2008 by ,the
of First National Bank of Elk River, a Minnesota corporation, on behalf of the corporation.
Notary Public
•
•
of
325859v1 MNIMNl90-97 S-3
EDA Agenda -12/18/07
D) Consideration to approve the annual hourly rate increase as presented by Ehlers
& Associates, Inc. EXHIBIT M.
i) Reference and background:
On October 12, 2005, Ehlers proposed a hourly rate increase of $150.00 and then an
increase of $5.00 per hour annually for the next four calendar years. On December 7,
2005, the HRA approved an increase in fees for Ehlers as proposed, with a rate of
$150.00 per hour for 2006, and annual increases to be approved by the HRA.
On February 7, 2007, the HRA approved an hourly increase of $5.00 for 2007 to
financial consultant, Ehlers.
Per the HRA motion in 2005, the commissioners are requested to review the rate
increase annually for approval.
ii) Alternative Action Required:
1. Approve the annual rate increase of $5.00 per hour to Ehlers & Associates for
• 2008.
2. Deny approval of the annual rate increase of $5.00 per hour to Ehlers &
Associates for 2008.
iii) Recommendation:
For consistency with the proposal and approval in 2005 by the HRA and given the new
organization of the EDA, the Economic Development Director recommends Alternative
No. 1. However, at the annual meeting or in the future, the commissioners may wish
to interview other financial consultants.
•
15
',,.
December 10, 2007
~ F ~ 1 2 2007
U
Monticello Housing And Redevelopment Authority
505 Walnut Street, Suite 1
Monticello, MN 55362-8822
FREERS
& ASSOCIATES INC
r~~ ~~ ~~~r~~o~~.~
Ehlers ~ Associates appreciates the opportunity to serve as your financial advisor: To
keep up with costs of inflation, we need to periodically raise our rates. Beginning in
January 2008, our hourly rates will increase by $5.00. It is our intent to continue modest
increases in our rates.
If you would like any further information on our billing rates or other costs, please do not
hesitate to call your financial advisor or Mark Ruff, team leader, at 651-697-8505.
>
Equal Opportunity Employer
L E A D E R S I N P U B L I C F I N A N C E
Charter Member of the National Association
', of Independent Public Finance Advisors
3060 Centre Pointe Drive, Roseville, MN 55113-1105 651.697.8500 fax 651.697.8555 www.ehlers-inc.com
• EDA Agenda -12/18/07
15. Apuroval of Adjournment.
ACTION REQUIRED TO MOVE THE ORGANIZATIONAL MEETING TO BE
ADJOURNED.
15