EDA Agenda Packet 08-18-2010EDA MEETING
Wednesday, August 18, 2010
6:00 p.m.
Bridge - 505 Walnut Street, Monticello, MN
Commissioners: President Bill Demeules, Vice President Dan Frie, Treasurer Bill Tapper, Bill Fair, Tracy
Hinz, and Council members Tom Perrault and Brian Stumpf
Staff: Executive Director Megan Barnett
1. Call to Order
2. Approve Meeting Minutes:
a. July 14, 2010 regular EDA meeting
b. July 14, 2010 Joint EDA and City Council meeting
3. Consideration of additional agenda items
4. Approval of EDA Invoices
5. Public Hearing: Consideration of entering into a Private Redevelopment Contract with
Semper Development Ltd.
6. Final EDA account balances
7. Proposed funding schedule for the Embracing Downtown Study
8. Consideration of initiating and funding a Leadership & Management Training Course
through North Hennepin Technical College targeted for existing Monticello Businesses
9. Initiate an Industry of the Year Award and Recognition Event
10. Marketing Update
a. Conferences
b. Website
11. Director Report
12. Adjournment (immediately proceed into closed session to discuss land acquisition)
4. Approval of EDA Invoices.
a. TIF Pay as you Go Payments
b. Kennedy & Graven $2,692.50
*Dahlheimer, Walgreens, bond
c. Bullfrog Sweatshop $1,449.50
*down payment for Econ website
d. CoreNet Global $1,795.00
*1 yrmembership & September conference
e. Life5cience Alley $1,620.00
*December conference
f. MNCAR $1,000
* MNCAR show in October
g. Hoglund Bus $198,281.00
*GMEF Loan
h. Monticello Times $213.15
*Hoglund PH and TIF Spending Plan
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MONTICELLO TIMES
10917 VALLEY VIEW ROAD
EDEN PRAIRIE MN 58944
(952) 392-8890
Fax(783) 295.3080
Advertising Invoice and Statement
CITY OF MONTICELLO
ATTN: ACCOUNTS PAYABLE
505 WALNUT ST STE 1
MONTICELLO MN 55362
pubs. Return Unner Portion With Payment
Amount Paid:
Comments:
6/03/10
1:
HOGLUND BUS CO. SUBSID
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ATTN: ACCOUNTS PAYABLE
505 WALNUT ST STE 1
MONTICELLO MN 55362
pubs. Return Unner Portion With Payment
Amount Paid:
Comments:
6/03/10
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MONTICELLO TIMES
10917 VALLEY VIEW ROAD
EDEN PRAIRIE MN 55344
(952) 3920590
Fax(753) 295.3080
Advertising Invoice and Statement
CITY OF MONTICELLO
ATTN: ACCOUNTS PAYABLE
505 WALNUT ST STE 1
MONTICELLO MN 55362
no
"In the Community. With the Community. For the Community."
Please Return n er Portion Wlth Payment
Amount Paid:
Comments:
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ATTN: ACCOUNTS PAYABLE
505 WALNUT ST STE 1
MONTICELLO MN 55362
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"In the Community. With the Community. For the Community."
Please Return n er Portion Wlth Payment
Amount Paid:
Comments:
THERE 18 A $20 CHARGE FOR RETURNED DHtCK1f. RkNUHI tKKUKb ayn MN a uwra rU 1140UMM
UNPAID 13ALANCES OVER 30 DAYS OLD INCUR A 1.5% FINANCE CHARGE PER MONTH.
S4n4emi-nf of Account -Aoino of Past Due Amounts
Due upon receipt
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S4n4emi-nf of Account -Aoino of Past Due Amounts
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CITY OF MONTICELLO
0612010
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
F3 it
COUNTY OF HENNEPIN
Richard Hendrickson, being duly sworn on an
oath, states or affirms that he Is the Chief
Financial Officer of the newspaper(s) known
as Monticello Times and has full knowledge of
the facts which are stated below.
(A) The newspaper has complied with all of
the requirements constituting qualification
as a qualified newspaper as provided by
Minn. Stat. § 331A.02, § 331A.07, and
other applicable laws as amended.
(B) The printed public notice that is attached
was published in the newspaper once
each week for one successive
week(s); It was first published on Thurs-
day, the 17 day of June
2010, and was thereafter printed and
published on every Thursday to and
including Thursday, the day of
, 2010; and printed
below is a copy of the lower case alphabet
from A to Z, both Inclusive, which Is here-
by acknowledged as being the size and
kind of type used in the composition and
publication of the notice:
abcdefghpklmnopgrstuvwxyz
Title: CFO
Subscribed and sworn to or affirmed before
me on this 17 day of June 2010.
Notary Public
rr` "
DIANE 4
ELIASOI
LIC mlNOTAaY NVO • NNaao
TQ
MY Conran. ExPirna Jan. 3 1, 2015
City of Monticello
(Official Publication)
IJIre1 iI901:11EX4
"Cit will meet on Monday,
June y" 9,2010 &17 :00p.m.cras
soon thereafter as the matter
maybe heard, at the Cily Coun-
cil Chambers, City Hall, 505
Walnut Avenue, Monticello, Mln-
nesote, for the purpose of con-
ducting a public hearing on the
proposal of the City of Monticel-
lo Economic Development Au-
thorlly (the 'Authority' 1 to adopt
a Spending Plan tor'rrax Incre•
men[ Flnandng District No. 1-22
In accordance with Minnesota
Statutes, Section 469.176,
Subd.4m.
A draft of the proposed
Spending Plan will be avallable
for public Inspection at the ofllce
of the Economic Development
Director at City Hall, and is avail,
able for Inspection during regu-
lar business hours commencing
on June 17, 2010.
At the time and place fixed
for the Public Hearing, the City
Council will give all persons who
appear at the hearing an oppor-
tunity to express their views with
respect to the proposal. In addl-
lion, Interested persons may di-
vectany questlons or lilewritten
comments respecting the pro-
posal with the Deputy Clerk, at
THE CITY OF
Isl Cathy Shuman
Deputy Clerk
are 17, 2010) MT Spending
Plan
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City of Monticello
June 30, 2010
Page: 2
Kennedy & Graven, Chartered
200 South Sixth Street
Suite 470
Minneapolis, MN 55402
MN190.00136 Dalhelmer Phase II
Through June 30, 2010
For All Legal Services As Follows:
Hours
4/5/2010
SJB
Phone call with M Barrett regarding now proposal; review
0.60
old Dalhelmer file
417/2010
SJB
Travel tolattend meeting with staff regarding Dalhelmer
3.00
transaction; draft term letter
4/8/2010
MNI
Phone conversation with S Bubul regarding business
0.60
points for Phase 11; review documents.
4/13/2010
SJB
Phone call with M Barnett regarding offerloounter -offers
0,76
with Dalhelmer; review staff report
4/14/201D
SJB
Phone call with M Barnett regarding terms
0,30
411912010
SJB
Emall to /from M Barrett next steps, process; draft PDA
1'00
4/2012010
SJB
Emalle with M Barrett regarding PDA review
0.20
4/2112 010
SJB
Revise PDA; small to Mr, Barrett
0.60
4/22120110
SJB
Phone call with M Barrett regarding PDA
0,25
5/512010
SJB
Phone call with M Barnett regarding PDA; revise same
0.75
516/2010
SJB
Phone call with M Barrett regarding PDA
0,25
611/2010
MNI
Review jobs bill language for publlc hearing requirements;
0.80
office conference with S Bubul regarding Dalhelmer
spending plan.
6/212010
MNI
Draft notice of public hearing and spending plan for TIF
1.30
1 -22.
61212010
MNI
Finalize Plan and hearing notice per phone conversation
0,20
with M Barnett; circulate.
Amount
128.00
630.00
108.00
0
167.60
63,00
210.00
42.00
126.00
52.50
157.50
62.60
144,00 (�
234,00
36,00
CITY OF MONTICELLO
VOUCHER
Please complete, sign, and submit to Accts Payable by due date for check run,
® Disb, Ck, Batch Pay by:
Name Pukyn ;ilA)(Jf EV�l4)
Address 1 "
Address 2
City /ST /Zip Statement/
Invoice No:
DISTRIBUTION OF EXPENSE
TOTAL: $0.00
APPCtOVGD BY
voucher.As
DATE: `-7,
J.,"c.
�&d
Tr
Bullfrog Sweatshop LLC.
4321 Harvest Court
Monticello, MN 55362
City of Monticello
Economic Development
Attn: Megan Barnett
P.O. #
Terms Due on receipt
r.r .:� .r r.t•• y n ^f .1
Date 7/2112010
Invoice # 14
5kiip To ;
Ship Date
Due Date
Other
7121/2010
7/21 /2010
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Website Des!... Website Design Services
2,500.00
2,500.00
20 Page Website W/ Search engine optimization and set
up for Adobe Contribute.
Includes Adobe contribute program training for managing
site updates. (up to 3 hours)
Website Hosti... Website Hosting
200.00
200.00
Includes Domain, 5 email addresses up 500MB total,
FTP management, and google analytics. lyr
Software Adobe Software can be purchased through adobe.com
199.00
199.00
or newegg.com. It is available as Instant download
through adobe.com.
Megan will provide content for website.
Thank you for the opportunity to work with you, Please
let me know If you have any questions on the quote.
Thank you for your buisnessl Have a great dayl
Bullfrog Sweats trop LLC.
dave@builfrogsweatshop.com
www. bullfrogsweatshop.coin
Subtotal $2,899.00
Sales Tax (6.875 %) $0.00
Total $2,899.00
612 - 801 -6717 Payments /Credits $0.00
Balance Due $2,899.00
1W o ��
CITY OF MONTICELLO
VOUCHER
Please complete, sign, and submit to Accts Payable by due date far check run.
® Disb. Ck, Batch Pay by:
VENDOR:
Address I 'Z,WO (,JMn!L 5}Yp -
Address 2 %1A -t 1!2b
City /ST /Zip 'fth A 3 6 36) 3 Statement/
Invoice No:
DISTRIBUTION OF EXPENSE
TOTAL: $0.00
APPROVED BY
voucher.x)s
DATE::,._
AUG - 2 2010
CORENET GLOBAL SUMMIT PHOENIX 19 -21 SEPTEMBER 2010
Step? The aaslost way to register is online at www.comnetglobal.org.
StOp2 Reglstrantinformallom
$Net Member 110oreNet Global Member#___,_
Q Mr. Q Ms. 3d Mrs. ..
Job7itie
zip I -S(o 2-
Country E-mail- Fhrw-la- rr•P1�0,.,- _-tYl{1 s
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Stop Summit Registration Fees
Could Moulders Golf Tournament
Early Bird Regular Late
Sunda"aptember 10, 2010
Con tGlobal Members by23July by2OAug afer20 Aug Talking Stick Golf Club
• End Users* $785 $985 $1,095
Located on land owned by the Salt River Pima- Maricopa Indian
• Service Providers $1,085 $1,295 $1,395
Community, offering opgons for golfers of all skill levels.
"fcommmic Developers $095 $1,195 $1,285
7:15om -Check to
❑ Academic Members $505 $895 $785
8:30am- Scramble Tauntantual Begins
• Student Members $550 $600 $850
Foes
• Retired Nlenlbout $345 $395 $445
Entry toe lncluUea 18 holes of golf, lunch, player gilt bag and
drink tickets.
Non - Members
Q Individual $175
Q End Users` $1,095 $1,285 $1,395
Q Foursome $700
Cl Service Providers $1,705 $1,985 $2,005
Q Golf Club Ramab $45 per player.
4roonomW: Developers $1,895 00% $1,995
Stop Payment Information
Q Pemenal Guest $150 $158 $150
No registration will be processed without payment.
"End Users are those individuals with real estate or real emate-Telated
Summit Registration Fee (Sep 3) $
responsibilities focused on Ilia workplace or Infrastructure management for
public, private or governmental organlzatlons.
Pre - Summlt Seminar Fee (Step 4) $
Step4 Pre - summit Sanctions, 18.19 September (Begins Saturday)
Golf Tournament (Step 5) $
A. Membership Category (Select One)
TOTAL $
Q Member $915 Q Nan - Member $1,150
Charge my: Q Visa Q MosterCord Q American Express
D. Seminar (Select One)
Card Number
• Advanced Lease Analysis OCR)
Exp. Dole - •— --
• Enterprise Alignment MCI)
Nome on Card ----- - --- --
QRealEstateTronsaclions: Impact on Corporate Financial Statements (MCR)
Signature
• Corporate Real Estate Finance (MCR)
q�l base enclosed a almok psychic to ComNet global.
• Creative Management Through Electrons (MCR)
Q Performance Management (MCR)
Q Portfolio Managemlmt(MCR)
• Real Estate Outsourcing: Trends and Modals for Service Delivery (MCR)
_ 1
• Change Leadership(SLCR)
• Positioned for Success: Designing the Optimal Corporate Real Estate
Organization (SLCII)
Q Check bore if eligible lot SLCR and MOR Candidate $50 discount on
Loorniq Seminar only
REGISTRATION ASSURANCE POLICY FOR SUMMIT
After 2a July min and berms 2 September 2010, a CoreNet (talent aria It wlll
Prior to 2a July 2M0 Nell wralan Oollca, melelrsnle Holy vadosl (half mglatmticA and
else be gmmod Will Written radical, A $175 proceasllg fee Will apply.
apply eta pmcaed. lessons, a Pohlm Serawk widens, hours. profesalonal
development program. No prowaelna tae Appnesto Ilia bane a lion, The aside over be
Aftar2 aeptolal,W2010, no food and beyempo µerronaas those own hands an
your behalf, oancallaenn will result In foliaitem of Alt foes.
rppead by me rodsowet or their daeenpe toward arty coreNet global Summlt or
amino program heat [orders Wrvamber. 2011•
All aanaellaeone must be suhmlttad In Written to Carallot mobal and a -maned
to dlanreys®ooranmolMU,l.or0
� 6800 France A enu 760- Edina, Minnesota 55435
o r 9 •Fax NN CA R
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vw,mncar.org
MNnesoto CommerdolAssoctallon & REALTORS'
July 8, 2010
City of Monticello
Attention: Megan Barnett
505 Walnut Street
Monticello, MN 55362
1NNVOICE
U{,t50)
2010 MNCAR Expo / October 27, 2010
Exhibitor...................... ............................... ...................... $1,000,00
TotalDue: ................................................ ..................................... $1,000.00
Please remit payment to: MNCAR
6800 France Avenue Suite #760
Edina, MN 55435
Attention: Kara Austrum
-Thank You-
Providers of the MNCAR
E CHANGE
Page: 4
Kennedy & Graven, Chartered
200 South Sixth Street JUL 2 8 2010
City of Monticello Suite 470
Minneapolis, MN 55402
June 30, 2010
MN190-00136 Walgreens Development
Through June 30, 2010
For All Legal Services As Follows: Hours Amount
611412010 SJB Phone call with M Barrett regarding process, deal terms 0.25 52.50
for Walgreens Jobs bill transaction
6116/2010 SJB Emall from Ehlers regarding redraft of Serles 2004A; open 0,20 42.00
file 9377- V(700431990
Total Servlaes; $ 94,60
Total Services and Disbursements; $ 94.80
all
Y'
I.
I�
Total Services and Disbursements: $ 563,60
JUL 2 8 2010
WYE
0 -*
•63.00+
126,00 +.
90.00+
Page: 1
52-50F
Kennedy & Graven, Chartered
42.00+
200 South Sixth Street
005
1---
City of Monticello
Sulto 470
Minneapolis, MN 66402
It 3 , 50 -K
June 30, 2010
36 ° 00-F
1 44.00+
MN190 -00101 General
EDA Matters
002
„__.._._......._..,-,
C E30.00*
Through June 30, 2010
For All Legal Services As Follows:
Hours
Amount
417/2010
SJB
Conference with staff regarding WalgreenslCVS proposal,
0,30
63,00
use of Jobs Bill
6/21/2010
MINI
Review Pilot Program guidelines.
0,70
126.00
5/24/2010
MNI
Finalize suggested revisions to Pilot program guidelines;
0,60
90.00
voioemall to M Barnett regarding same.
6/2412010
MINI
Phone conversation with M Barnett regarding GMEF
0,20
36,00.
documents needed for Hoglund business subsidy.
5/26/2010
SJB
Phone call with M Bovoet; T Kelly regarding use of Jobz
0,26
52,60
Bill for Walgreens
512812010
SJB
Conference with M Ingram regarding Jobz BIII • hearing for
0.20
42.00
Special plan
6/212010
MNI
Research and phone conversation with M Barnett
0,80
144.00
regarding GMGF specifics for equipment loan.
Total Services:
$
663,60
Total Services and Disbursements: $ 563,60
JUL 2 8 2010
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5. PUBLIC HEARING. CONSIDERATION OF ENTERING INTO A PRIVEATE
REDEVELOPMENT CONTRACT WITH SEMPER DEVELOPMENT LTD.
A. REFERENCE AND BACKGROUND:
The EDA reviewed a preliminary TIF Spending Plan at their regular June meeting. As
part of the new 2010 TIF law, the City Council is required to hold a public hearing to
utilize surplus TIF funds. The City Council held the required public hearing at their June
28, 2010 meeting. There was no citizen input. The City Council recommended the EDA
approve a final TIF spending plan for TIF District 1 -22 and enter into a Private
Redevelopment Contract with Semper Development LTD.
Subsequent to the June 28, 2010 City Council meeting, Kennedy and Graven determined
the EDA should also hold a public hearing to comply with business subsidy laws. The
Business Subsidy law requires the EDA hold a public hearing when funding more than
150,000 dollars worth of subsidy. The EDA preliminary approved a business subsidy in
the amount of $389,000.
Kennedy and Graven drafted a Private Redevelopment Contract. Staff sent the proposed
contact to Semper Development. At the time of writing this staff report, staff has not
received any feedback from the applicant. However, staff does not anticipate any issues.
It should be noted the proposed contract follows the standard Private Redevelopment
Contracts the EDA has approved in the past.
B. STAFF RECOMMENDATION:
The City Council recommending the EDA approve a final TIF Spending Plan for TIF
District 1 -22 and entering into a Private Redevelopment Contract with Semper
Development LTD. City Staff supports the City Councils recommendation.
C. ALTERNATIVE ACTIONS:
1. Motion to approve entering into a Private Redevelopment Contract with Semper
Development LTD.
2. Motion to deny entering into a Private Redevelopment Contract with Semper
Development LTD.
3. Motion to table
D. SUPPORTING DATA:
a. Proposed Redevelopment Contract
August 18, 2010 EDA
First Draft, August 9, 2010
CONTRACT
FOR
PRIVATE REDEVELOPMENT
By and Between
CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
and
SEMPER DEVELOPMENT, LTD.
Dated as of: 2010
This document was drafted by:
KENNEDY & GRAVEN, Chartered
470 U.S. Bank Plaza
Minneapolis, Minnesota 55402
(612) 337 -9300
http: / /www.kennedy- graven.com
373035vl MNI MNI90 -136
TABLE OF CONTENTS
PREAMBLE................................. ...............................
ARTICLE I
Defmitions
Section I.I. Definitions .................................................... ...............................
ARTICLE II
Representations and Warranties
Section 2.1. Representations by the Authority ............... ...............................
Section 2.2. Representations and Warranties by the Redeveloper ................
ARTICLE III
Property Acquisition; Public Redevelopment Costs
Section 3.1. Status of Redevelopment Property ............. ...............................
Section 3.2. Interchange Improvements ......................... ...............................
Section 3.3. Business Subsidy Agreement ..................... ...............................
Section 3.4. Payment of Authority Costs ....................... ...............................
ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Improvements ........... ...............................
Section 4.2. Construction Plans ............................................ . ..... ----
Section 4.3. Commencement and Completion of Construction .............
Section 4.4. Certificate of Completion .................... ...............................
Section 4.5. Records ................................................ ...............................
ARTICLE V
Insurance
Section 5.1. Insurance ............................. ...............................
Section 5.2. Subordination ...................... ...............................
ARTICLE VI
Taxes
Section 6.1. Right to Collect Delinquent Taxes .........
Section 6.2. Review of Taxes ...... ...............................
373035v1 MNI MN190 -136 i
Page
......1
........................ 2
........................ 5
........................ 5
7
7
7
9
10
10
11
11
12
13
14
15
15
ARTICLE VII
Other Financing
Section7.1. Generally ........................................................................... ...............................
Section 7.2. Authority's Option to Cure Default on Mortgage ............ ...............................
Section 7.3. Modification; Subordination ............................................. ...............................
ARTICLE VIII
Prohibitions Against Assignment and Transfer; Indemnification
Section 8.1. Representation as to Development ....................................... ...............................
Section 8.2. Prohibition Against Redeveloper's Transfer of Property and
Assignment of Agreement .................................................... ...............................
Section 8.3. Release and Indemnification Covenants .............................. ...............................
ARTICLE IX
Events of Default
16
16
16
17
17
18
Section 9.1. Events of Default Defined ............................................................. .............................20
Section 9.2. Remedies on Default ..................................................................... .............................20
Section 9.3. No Remedy Exclusive ................................................................... .............................21
Section 9.4. No Additional Waiver Implied by One Waiver ........................... .............................21
Section9.5. Attorney Fees ................................................................................. .............................21
ARTICLE X
Additional Provisions
Section 10.1.
Conflict of Interests; Representatives Not Individually Liable .....
.............................22
Section 10.2.
Equal Employment Opportunity ...................................................
.............................22
Section 10.3.
Restrictions on Use ........................................................................
.............................22
Section 10.4.
Provisions Not Merged With Deed ...............................................
.............................22
Section 10.5.
Titles of Articles and Sections .......................................................
.............................22
Section 10.6.
Notices and Demands ....................................................................
.............................22
Section10.7.
Counterparts ...................................................................................
.............................23
Section10.8.
Recording .......................................................................................
.............................23
Section10.9.
Amendment ....................................................................................
.............................23
Section 10.10.
Authority Approvals ......................................................................
.............................23
TESTIMONIUM................................................................................................... .............................24
SIGNATURES...................................................................................................... .............................24
SCHEDULE A Redevelopment Property
SCHEDULE B Certificate of Completion
SCHEDULE C Site Plan
373035v1 MNI MN190 -136 11
CONTRACT FOR PRIVATE REDEVELOPMENT
THIS AGREEMENT, made as of the _ day of 2010, by and between the
City of Monticello Economic Development Authority (the "Authority "), a public body corporate
and politic under the laws of Minnesota, and Scraper Development, Ltd. (the "Redeveloper "), a
Minnesota corporation.
WITNESSETH:
WHEREAS, the Authority was created pursuant to Minnesota Statutes Sections 469.090 to
469.1081 (the "Act ") and was authorized to transact business and exercise its powers by a resolution
of the City Council of the City; and
WHEREAS, the Authority has undertaken a program to promote the development and
redevelopment of land which is underutilized within the City of Monticello, Minnesota (the "City"),
and in this connection created Redevelopment Project No. 1 (hereinafter referred to as the "Project ")
in an area (hereinafter referred to as the "Project Area ") located in the City pursuant to Minnesota
Statutes, Sections 469.001 to 469.047 (the "HRA Act"); and
WHEREAS, pursuant to the Act, the Authority is authorized to undertake certain activities
to prepare such real property for development and redevelopment by private enterprise; and
WHEREAS, the Redeveloper acquired certain property (the "Redevelopment Property") in
the Project Area to develop on that property a pharmacy as further described herein (the "Minimum
Improvements "); and
WHEREAS, the Authority has previously established Tax Increment Financing District 1-
22 ( "TIF District ") pursuant to Minnesota Statutes, Sections 469.174 to 469.179, made up of
property in the City; and
WHEREAS, the City and Authority have duly established a Spending Plan for the TIF
District pursuant to Minnesota Laws 2010, Chapter 216, Section 32 (the "Job Creation Act "), which
authorizes the use of tax increments from the TIF District to provide improvements, loans, interest
rate subsidies, or assistance in any form to private development consisting of construction that will
create or retain jobs; and
WHEREAS, the Authority believes that the development of the Redevelopment Property
pursuant to and in general fulfillment of this Agreement, conforms to the Spending Plan and Job
Creation Act and is in the vital and best interests of the City, will promote the health, safety, morals,
and welfare of its residents, and will be in accord with the public purposes and provisions of the
applicable State and local laws and requirements wider which the Project has been undertaken and
is being assisted.
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:
373035v1 MNI MN190 -136
ARTICLE I
Defimitions
Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears
from the context:
"Act" means Minnesota Statutes Sections 469.090 to 469.108 1, as amended.
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Authority" means the City of Monticello Economic Development Authority.
"Authority Representative" means the Executive Director of the Authority, or any person
designated by the Executive Director to act as the Authority Representative for the purposes of this
Agreement.
"Business Day" means any day except a Saturday, Sunday, legal holiday, a day on which
the City is closed for business, or a day on which banking institutions in the City are authorized by
law or executive order to close.
"Business Subsidy Act" means Minnesota Statutes, Sections 116J.993 to 116J.995, as
amended.
"City" means the City of Monticello, Minnesota.
"Certificate of Completion" means the certification provided to the Redeveloper pursuant to
Section 4.4 of this Agreement.
"Construction Plans" means the plans, specifications, drawings and related documents on
the construction work to be performed by the Redeveloper on the Redevelopment Property which
(a) shall be as detailed as the plans, specifications, drawings and related documents which are
submitted to the appropriate building officials of the City, and (b) shall include at least the following
for each building: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each
floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) landscape plan; and
(8) such other plans or supplements to the foregoing plans as the Authority may reasonably request
to allow it to ascertain the nature and quality of the proposed construction work.
"County" means the County of Wright, Minnesota.
"Development Contract" means the Development Contract for Nicolle Addition between the
City and the Developer, dated as of 2010.
3730350 MNIMN190436 - 2
"Event of Default" means an action by the Redeveloper listed in Article IX of this
Agreement.
"Holder" means the owner of a Mortgage.
"HRA Act" means Minnesota Statutes, Sections 469.001 to 469.047, as amended.
"Interchange" means the intersection of State Highway 25 and County State Aid Highway
75 in the City.
"Interchange Improvements" means construction by the City of the improvements provided
in paragraph 7 of the Development Contract.
"Job Creation Act" means Minnesota Laws 2010, Chapter 216, Section 32.
"Minimum Improvements" means construction on the Redevelopment Property of an
approximately 14,820 square -foot commercial pharmacy.
"Mortgage" means any mortgage made by the Redeveloper that is secured, in whole or in
part, with the Redevelopment Property and that is a permitted encumbrance pursuant to the
provisions of Article VII of this Agreement.
"Project" means the Authority's Redevelopment Project No. 1.
"Project Area" means the geographic area within the boundaries of the Project.
"Redeveloper" means Scraper Development, Ltd., a Minnesota corporation, or its permitted
successors and assigns.
"Redevelopment Property" means the real property described in Schedule A of this
Agreement, provided that upon filing of a final plat of such property, the platted legal description
will control.
"Spending Plan" means the Spending Plan for the Tax Increment District approved by the
City Council on June 28, 2010.
"State" means the state of Minnesota.
"Tax Increment Act" or "TIF Act" means the Tax Increment Financing Act, Minnesota
Statutes Sections 469.174 to 469.179, as amended.
"Tax Increment District" or "TIF District" means Tax Increment Financing District No. 1 -22
created by the City and the Authority.
373035v1 MNI MN190 -136 3
"Tax Official" means any County assessor, County auditor, County or State board of
equalization, the commissioner of revenue of the State, or any State or federal district court, the tax
court of the State, or the State Supreme Court.
"Termination Date" means the earlier of the date ten years after the date of execution of this
Agreement or the date of termination of this Agreement pursuant to Article IX hereof.
"Transfer" has the meaning set forth in Section 8.2(a) hereof.
"Unavoidable Delays" means delays beyond the reasonable control of the party seeking to
be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged
adverse weather or acts of God, fire or other casualty to the Minimum Improvements, litigation
commenced by third parties which, by injunction or other similar judicial action, directly results in
delays, or acts of any federal, state or local governmental unit (other than the Authority or City in
exercising their rights under this Agreement), including without limitation condemnation or threat
of condemnation of any portion of the Redevelopment Property, which directly result in delays.
Unavoidable Delays shall not include delays experienced by the Redeveloper in obtaining permits
or governmental approvals necessary to enable construction of the Minimum Improvements by the
dates such construction is required under Section 4.3 of this Agreement, so long as the Construction
Plans have been approved in accordance with Section 4.2 hereof.
3730350 MNIMN190 -136 4
ARTICLE II
Representations and Warranties
Section 2.1. Representations by the Authority. (a) The Authority is an economic
development authority duly organized and existing under the laws of the State. Under the
provisions of the Act and the HRA Act, the Authority has the power to enter into this Agreement
and carry out its obligations hereunder.
(b) The Authority will use its best efforts to facilitate development of the Minimum
Improvements, including but not limited to cooperating with the Redeveloper in obtaining necessary
administrative and land use approvals and construction financing pursuant to Section 7.1 hereof.
(c) The Authority will cause the City to construct the Interchange Improvements,
subject to all the terms and conditions of this Agreement.
(d) The activities of the Authority are undertaken for the purpose of fostering the
redevelopment of certain real property that is occupied by substandard and obsolete buildings,
which will revitalize this portion of the Project Area and increase tax base.
Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper
represents and warrants that:
(a) The Redeveloper is a corporation, duly organized and in good standing under the
laws of the State, is not in violation of any provisions of its articles of incorporation or bylaws, is
duly authorized to transact business within the State, has power to enter into this Agreement and has
duly authorized the execution, delivery, and performance of this Agreement by proper action of the
officers of its board of directors.
(b) The Redeveloper will construct the Minimum Improvements in accordance with the
terms of this Agreement, the Redevelopment Plan and all local, state and federal laws and
regulations (including, but not limited to, environmental, zoning, building code and public health
laws and regulations).
(c) The Redeveloper will use reasonable efforts to secure all permits, licenses and
approvals necessary for construction of the Minimum Improvements.
(d) The Redeveloper has received no notice or communication from any local, state or
federal official that the activities of the Redeveloper or the Authority in the Project Area may be or
will be in violation of any environmental law or regulation (other than those notices or
communications of which the Authority is aware). The Redeveloper is aware of no facts the
existence of which would cause it to be in violation of or give any person a valid claim under any
local, state or federal environmental law, regulation or review procedure.
373035v1 KNIMN190 -136
(e) The Redeveloper will cause construction of the Minimun Improvements in
accordance with all local, state or federal energy - conservation laws or regulations.
(t) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the falfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the
terms, conditions or provisions of any corporate restriction or any evidences of indebtedness,
agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it
is bound, or constitutes a default under any of the foregoing.
(g) The proposed development by the Redeveloper hereunder would not have occurred
prior to July 1, 2011 but for the assistance being provided by the Authority hereunder.
373035v1 MNI MN190 -136 6
ARTICLE III
Property Acquisition, Public Redevelopment Costs
Section 3.1. Status of Redevelopment Property. As of the date of this Agreement the
Redeveloper has entered into purchase agreements for all parcels of the Redevelopment Property.
The Authority has no obligation to acquire the Redevelopment Property.
Section 3.2. Interchange hnprovements. Certain of the Interchange Improvements are
being constructed solely to facilitate and improve vehicular and pedestrian access to the
Redevelopment Property, and are therefore of special benefit to the Redevelopment Property.
Authority has determined that, in order to make development of the Minimum Improvements
financially feasible and to expedite such development and stimulate the rapid creation of jobs
pursuant to the Job Creation Act, it is necessary to finance construction of a portion of the
Interchange Improvements specially benefiting the Redevelopment Property. The Authority shall
cause the City to construct the Interchange Improvements pursuant to the terms of the Development
Contract. A portion of the cost of such Interchange Improvements specially benefiting the
Redevelopment Property shall be paid by the Authority, using Tax Increments from the TIF District
pursuant to the Spending Plan in accordance with the Job Creation Act. The estimated special
benefit of such Interchange Improvements to the Redeveloper is $389,000.
Section 3.3. Business Subsidy Agreement. The provisions of this Section constitute the
"business subsidy agreement" for the purposes of the Business Subsidy Act.
(a) General Terms. The parties agree and represent to each other as follows:
(1) The subsidy provided to the Redeveloper (the "Subsidy") consists of the
construction cost of the Interchange hnprovements specially benefiting the Redeveloper,
which is $389,000.
(2) The public purposes of the Subsidy are to improve vehicular and pedestrian
traffic access to the Redevelopment Property as described in Section 3.2 hereof, and thereby
to stimulate employment and increase the tax base in the City through the construction of
the Minimum Improvements on the Redevelopment Property.
(3) The goals for the Subsidy are: to secure development of the Minimum
hnprovements on the Redevelopment Property; to maintain such improvements as a
commercial pharmacy for at least five years as described in clause (6) below; and to
create the jobs and wage levels described in paragraph (b) of this Section.
(4) If the goals described in clause (3) are not met, the Redeveloper must make the
payments to the Authority described in Section 3.3(c).
(5) The Subsidy is needed to induce Redeveloper to locate and retain its business at
this site, and to make the cost of the Minimum Improvements financially feasible.
373035v1 MNI MN190 -136 7
(6) The Redeveloper must continue operation of the Minimum Improvements as a
"Qualified Facility" for at least five years after the Benefit Date (defined hereinafter),
subject to the continuing obligation described in Section 10.3 of this Agreement. For the
purposes of this Section, the term Qualified Facility means an approximately 14,820 square -
foot commercial pharmacy. The improvements will be a Qualified Facility as long as the
Minimum Improvements are operated by Redeveloper for the aforementioned qualified use.
During any period when the Minimum Improvements are vacant and not operated for the
aforementioned qualified use, the Minimum hmprovements will not constitute a Qualified
Facility.
(7) The Redeveloper's parent corporation is
(8) The Redeveloper has not received financial assistance from any other "grantor"
as defined in the Business Subsidy Act in connection with the Property.
(b) Job and Wage Goals. The "Benefit Date" of the assistance provided in this
Agreement is the earlier of the date of issuance of a certificate of completion for the Minimum
Improvements or the date the Minimum Improvements are occupied by Redeveloper or a tenant of
Redeveloper. Within two years after the Benefit Date (the "Compliance Date "), the Redeveloper
shall cause to be created at least 3 full -time equivalent jobs (2,080 hours annually) attributable to
the Minimum Improvements and shall cause to be retained at least _ full -time equivalent jobs
from Redeveloper's existing facility, and shall cause the hourly wage for such jobs to be no less
than $ per hour, excluding benefits. Notwithstanding anything to the contrary herein, if the
wage and job goals described in this paragraph are met by the Compliance Date, those goals are
deemed satisfied despite the Developer's continuing obligations under Sections 3.3(a)(6) and
3.3(d). The Authority may, after a public hearing, extend the Compliance Date by up to one
year, provided that nothing in this section will be construed to limit the Authority's legislative
discretion regarding this matter.
(c) Remedies. If the Redeveloper fails to meet the goals described in Section 33(a)(3), the
Redeveloper shall repay to the Authority upon written demand from the Authority a "pro rata share"
of the outstanding principal amount of the Subsidy together with interest on that amount at the
implicit price deflator for government consumption expenditures and gross investment for state
and local government prepared by the bureau of economic analysis of the United States
Department of Commerce for the 12 -month period ending March 31 of the previous year,
accrued from the date of such failure to the date of payment. The term "pro rata share" means a
percentage calculated as follows:
(i) if the failure relates to the number of jobs, the jobs required less the jobs
created, divided by the jobs required;
(ii) if the failure relates to wages, the number of jobs required less the number
of jobs that meet the minimum wages, divided by the number of jobs required;
(iii) if the failure relates to maintenance of the Minimum Improvements in
accordance with Section 3.3(x)(6), 60 less the number of months of operation as a
373035v1 MNIMN190 -136 8
Qualified Facility, commencing on the date of the certificate of completion and ending
with the date the facility ceases operation as determined by Authority staff, divided by
60; and
(iv) if more than one of clauses (i) through (iii) apply, the sum of the
applicable percentages, not to exceed 100 %.
Nothing in this Section shall be construed to limit the Authority's remedies under Article IX
hereof h1 addition to the remedy described in this Section and any other remedy available to the
Authority for failure to meet the goals stated in Section 3.3(a)(3), the Redeveloper agrees and
understands that it may not a receive a business subsidy from the Authority or any grantor (as
defined in the Business Subsidy Act) for a period of five years from the date of the failure or until
the Redeveloper satisfies its repayment obligation under this Section, whichever occurs first.
(d) Reports. The Redeveloper must submit to the Authority a written report regarding
business subsidy goals and results by no later than March 1 of each year, commencing March 1,
2011 and continuing until the later of (i) the date the goals stated Section 3.3(a)(3) are met; (ii) 30
days after expiration of the period described in Section 3.3(a)(6); or (iii) if the goals are not met, the
date the Subsidy is repaid in accordance with Section 33(c). The report must comply with Section
1167.994, subdivision 7 of the Business Subsidy Act. The Authority will provide information to the
Redeveloper regarding the required forms. If the Redeveloper fails to timely file any report required
under this Section, the Authority will mail the Redeveloper a warning within one week after the
required filing date. If, after 14 days of the postmarked date of the warning, the Redeveloper fails to
provide a report, the Redeveloper must pay to the Authority a penalty of $100.00 for each
subsequent day until the report is filed. The maximum aggregate penalty payable under this Section
is $1,000.00.
Section 3.4. Payment of Authority. The parties agree that the Authority will pay the
reasonable costs of consultants and attorneys retained by the Authority in connection with the
negotiation in preparation of this Agreement and other incidental agreements and documents related
to the development contemplated hereunder.
373035YI MNI MN 190 -136 9
ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Improvements. The Redeveloper agrees that it will construct
or cause construction of the Minimum Improvements on the Redevelopment Property in accordance
with the approved Construction Plans and that it will, during any period while the Redeveloper
retains ownership of any portion of the Minimum hmprovements, operate and maintain, preserve
and keep the Minimum Improvements or cause the Minimum Improvements to be maintained,
preserved and kept with the appurtenances and every part and parcel thereof, in good repair and
condition.
Section 4.2. Construction Plans. (a) Before commencing construction of the Minimum
Improvements, the Redeveloper shall submit to the Authority Construction Plans for the Minimum
Improvements. The Construction Plans shall provide for the construction of the Minimum
Improvements and shall be in conformity with this Agreement, the Redevelopment Plan and all
applicable State and local laws and regulations. The Authority will approve the Construction Plans
in writing if (i) the Construction Plans conform to all terms and conditions of this Agreement; (ii)
the Construction Plans conform to the goals and objectives of the Redevelopment Plan; (iii) the
Constriction Plans conform to all applicable federal, state and local laws, ordinances, rules and
regulations; (iv) the Constriction Plans are adequate to provide for construction of the Minimum
Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds
available to the Redeveloper for constriction of the Minimum Improvements; and (vi) no Event of
Default has occurred. No approval by the Authority shall relieve the Redeveloper of the obligation
to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances,
riles and regulations, or to construct the Minimum Improvements in accordance therewith. No
approval by the Authority shall constitute a waiver of an Event of Default. If approval of the
Construction Plans is requested by the Redeveloper in writing at the time of submission, such
Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole
or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 20
days after the date of receipt of final plans from the Redeveloper. If the Authority rejects any
Construction Plans in whole or in part, the Redeveloper shall submit new or corrected Construction
Plans within 20 days after written notification to the Redeveloper of the rejection. The provisions of
this Section relating to approval, rejection and resubmission of corrected Construction Plans shall
continue to apply until the Construction Plans have been approved by the Authority. The
Authority's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive
determination that the Construction Plans (and the Minimum Improvements, constructed in
accordance with said plans) comply to the Authority's satisfaction with the provisions of this
Agreement relating thereto.
The Redeveloper hereby waives any and all claims and causes of action whatsoever
resulting from the review of the Construction Plans by the Authority and /or any changes in the
Construction Plans requested by the Authority. Neither the Authority, the Authority, nor any
employee or official of the Authority or City shall be responsible in any manner whatsoever for any
defect in the Construction Plans or in any work done pursuant to the Construction Plans, including
changes requested by the Authority.
373035vl MNI MN190436 10
(b) If the Redeveloper desires to make any material change in the Construction Plans or
any component thereof after their approval by the Authority, the Redeveloper shall submit the
proposed change to the Authority for its approval. For the purpose of this section, the term
"material" means changes that increase or decrease construction costs by $100,000 or more. If the
Construction Plans, as modified by the proposed change, conform to the requirements of this
Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the
Authority shall approve the proposed change and notify the Redeveloper in writing of its approval.
Such change in the Construction Plans shall, in any event, be deemed approved by the Authority
unless rejected, in whole or in part, by written notice by the Authority to the Redeveloper, setting
forth in detail the reasons therefor. Such rejection shall be made within 10 days after receipt of the
notice of such change. The Authority's approval of any such change in the Construction Plans will
not be unreasonably withheld.
Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable
Delays, the Redeveloper shall commence construction of the Minimum hnprovements by
September 1, 2010. Subject to Unavoidable Delays, the Redeveloper shall complete the
construction of the Minimum Improvements by July 1, 2011. All work with respect to the
Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment
Property shall be in conformity with the Construction Plans as submitted by the Redeveloper and
approved by the Authority.
The Redeveloper agrees for itself, its successors, and assigns, and every successor in interest
to the Redevelopment Property, or any part thereof, that the Redeveloper, and such successors and
assigns, shall promptly begin and diligently prosecute to completion the development of the
Redevelopment Property through the construction of the Minimum Improvements thereon, and that
such construction shall in any event be commenced and completed within the period specified in
this Section 4.3 of this Agreement. After the date of this Agreement and until construction of the
Minimum hnprovements has been completed, the Redeveloper shall make reports, in such detail
and at such times as may reasonably be requested by the Authority, but no more than monthly, as to
the actual progress of the Redeveloper with respect to such construction
Section 4.4. Certificate of Completion. (a) Promptly after completion of the Minimum
Improvements in accordance with those provisions of the Agreement relating solely to the
obligations of the Redeveloper to construct the Minimum Improvements (including the dates for
beginning and completion thereoi), the Authority Representative will furnish the Redeveloper with
a Certificate shown as Schedule B.
(b) If the Authority Representative shall refuse or fail to provide any certification in
accordance with the provisions of this Section 4.4 of this Agreement, the Authority Representative
shall, within 30 days after written request by the Redeveloper, provide the Redeveloper with a
written statement, indicating in adequate detail in what respects the Redeveloper has failed to
complete the Minimum Improvements in accordance with the provisions of the Agreement, or is
otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority,
for the Redeveloper to take or perform in order to obtain such certification.
3730350 MNI MN190 -136 11
Section 4.5. Records. The Authority and the City through any authorized representatives,
shall have the right at all reasonable times after reasonable notice to inspect, examine and copy all
books and records of Redeveloper relating to the Minimum Improvements. Redeveloper shall also
use best efforts to cause the contractor or contractors, all sub - contractors and their agents, and
lenders to make their books and records relating to the Project to the Authority and City, upon
reasonable notice, for inspection, examination and audit. Such records shall be kept and maintained
by Redeveloper through the Termination Date.
373035vl MNI MN190 -136 12
ARTICLE V
Insurance
Section 5.1. Insurance. (a) The Redeveloper will provide and maintain at all times during
the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance
Policy and, from time to time during that period, at the request of the Authority, furnish the
Authority with proof of payment of premiums on policies covering the following:
(i) Builder's risk insurance, written on the so- called `Builder's Risk --
Completed Value Basis," in an amount equal to 100% of the principal amount of the Note,
and with coverage available in nonreporting form on the so- called "all risk" form of policy.
The interest of the Authority shall be protected in accordance with a clause in form and
content satisfactory to the Authority;
(ii) Comprehensive general liability insurance (including operations, contingent
liability, operations of subcontractors, completed operations, and contractual liability
insurance) together with an Owner's Protective Liability Policy with limits against bodily
injury and property damage of not less than $1,000,000 for each occurrence (to accomplish
the above - required limits, an umbrella excess liability policy may be used). The Authority
shall be listed as an additional insured on the policy; and
(iii) Workers' compensation insurance, with statutory coverage, provided that the
Redeveloper may be self-insured with respect to all or any part of its liability for workers'
compensation.
(b) Upon completion of construction of the Minimum hmprovements and prior to the
Termination Date, the Redeveloper shall maintain, or cause to be maintained, at its cost and
expense, and from time to time at the request of the Authority shall furnish proof of the payment of
premiums on, insurance as follows:
(i) Insurance against loss and /or damage to the Minimum Improvements under
a policy or policies covering such risks as are ordinarily insured against by similar
businesses.
(ii) Comprehensive general public liability insurance, including personal injury
liability (with employee exclusion deleted), against liability for injuries to persons and/or
property, in the minimum amount for each occurrence and for each year of $1,000,000, and
shall be endorsed to show the City and Authority as additional insureds.
(iii) Such other insurance, including workers' compensation insurance respecting
all employees of the Redeveloper, in such amount as is customarily carried by like
organizations engaged in like activities of comparable size and liability exposure; provided
that the Redeveloper may be self-insured with respect to all or any part of its liability for
workers' compensation.
3730350 MNI MNI90 -136 13
(c) All insurance required in Article V of this Agreement shall be taken out and
maintained in responsible insurance companies selected by the Redeveloper that are authorized
under the laws of the State to assume the risks covered thereby. Upon request, the Redeveloper will
deposit annually with the Authority policies evidencing all such insurance, or a certificate or
certificates or binders of the respective insurers stating that such insurance is in force and effect.
Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision
that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided
below the amounts required herein without giving written notice to the Redeveloper and the
Authority at least 30 days before the cancellation or modification becomes effective. hi lieu of
separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a
combination thereof, having the coverage required herein, in which event the Redeveloper shall
deposit with the Authority a certificate or certificates of the respective insurers as to the amount of
coverage in force upon the Minimum Improvements.
(d) The Redeveloper agrees to notify the Authority immediately in the case of damage
exceeding $100,000 in amount to, or destruction of, the Minimum hmprovements or any portion
thereof resulting from fire or other casualty. In such event the Redeveloper will forthwith repair,
reconstruct, and restore the Minimum Improvements to substantially the same or an improved
condition or value as it existed prior to the event causing such damage and, to the extent necessary
to accomplish such repair, reconstruction, and restoration, the Redeveloper will apply the net
proceeds of any insurance relating to such damage received by the Redeveloper to the payment or
reimbursement of the costs thereof.
The Redeveloper shall complete the repair, reconstruction and restoration of the Minimum
Improvements, regardless of whether the net proceeds of insurance received by the Redeveloper for
such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of
such repairs, construction, and restoration shall be the property of the Redeveloper.
(c) The Redeveloper and the Authority agree that all of the insurance provisions set
forth in this Article V shall terminate upon the termination of this Agreement.
Section 5.2. Subordination. Notwithstanding anything to the contrary herein, the rights of
the Authority with respect to the receipt and application of any insurance proceeds shall, in all
respects, be subordinate and subject to the rights of any Holder under a Mortgage allowed pursuant
to Article VII of this Agreement.
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373035v1 MNIMN190 -136 t4
ARTICLE VI
Taxes
Section 6.1. Right to Collect Delinquent Taxes. The Redeveloper acknowledges that the
Authority is providing substantial aid and assistance in furtherance of development of the Minimum
Improvements through payment of a portion of the hiterchange Improvements costs. To that end,
the Redeveloper agrees for itself, its successors and assigns, that in addition to the obligation
pursuant to statute to pay real estate taxes, it is also obligated by reason of this Agreement to pay
before delinquency all real estate taxes assessed against the Redevelopment Property and the
Minimum Improvements. The Redeveloper acknowledges that this obligation creates a contractual
right on behalf of the Authority to sue the Redeveloper or its successors and assigns to collect
delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax
payment to the county auditor. In any such suit, the Authority shall also be entitled to recover its
costs, expenses and reasonable attorney fees.
Section 6.2. Review of Taxes. The Redeveloper agrees that prior to the Termination Date it
will not cause a reduction in the real property taxes paid in respect of the Redevelopment Property
through: (A) willful destruction of the Redevelopment Property or any part thereof; or (B) willful
refusal to reconstruct damaged or destroyed property pursuant to Section 5.1 of this Agreement.
The Redeveloper also agrees that it will not, prior to the Termination Date, seek exemption from
property tax for the Redevelopment Property or any portion thereof or transfer or permit the transfer
of the Redevelopment Property to any entity that is exempt from real property taxes and state law
(other than any portion thereof dedicated or conveyed to the City in accordance with platting of the
Redevelopment Property), or apply for a deferral of property tax on the Redevelopment Property
pursuant to any law.
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373035vl MNI MN190 -136 15
ARTICLE VII
Other Financing
Section 7.1. Generally. Before commencement of construction of the Minimum
Improvements, the Redeveloper shall submit to the Authority or provide access thereto for review
by Authority staff, consultants and agents, evidence reasonably satisfactory to the Authority that
Redeveloper has available funds, or commitments to obtain funds, whether in the nature of
mortgage financing, equity, grants, loans, or other sources sufficient for paying the cost of the
developing the Minimum Improvements, provided that any lender or grantor commitments shall be
subject only to such conditions as are normal and customary in the commercial lending industry.
Section 7.2. Authority's Option to Cure Default on Mortgage. In the event that any portion
of the Redeveloper's funds is provided through mortgage financing, and there occurs a default under
any Mortgage authorized pursuant to Article VII of this Agreement, the Redeveloper shall cause the
Authority to receive copies of any notice of default received by the Redeveloper from the holder of
such Mortgage. Thereafter, the Authority shall have the right, but not the obligation, to cure any
such default on behalf of the Redeveloper within such cure periods as are available to the
Redeveloper under the Mortgage documents.
Section 7.3. Modification; Subordination. If Redeveloper requires mortgage financing for
the development of the Minimum hmprovements, the Authority agrees to subordinate its rights
under this Agreement to the Holder of any Mortgage securing construction or permanent financing,
in accordance with the terms of a subordination agreement in such form as the Authority approves.
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373035v MNI MN190 -136 16
ARTICLE VIII
Prohibitions Against Assignment and Transfer; Indemnification
Section 8.1. Representation as to Development. The Redeveloper represents and agrees
that its purchase of the Redevelopment Property, and its other undertakings pursuant to the
Agreement, are, and will be used, for the purpose of development of the Redevelopment Property
and not for speculation in land holding.
Section 8.2. Prohibition Against Redeveloper's Transfer of Property and Assignment of
Agreement. The Redeveloper represents and agrees that prior to issuance of a Certificate of
Completion for all of the Minimum Improvements:
(a) Except only by way of security for, and only for, the purpose of obtaining financing
necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or
any part thereof, to perform its obligations with respect to undertaking the redevelopment
contemplated under this Agreement, and any other purpose authorized by this Agreement, the
Redeveloper has not made or created and will not make or create or suffer to be made or created any
total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other
mode or form of or with respect to this Agreement or the Redevelopment Property or any part
thereof or any interest therein, or any contract or agreement to do any of the same, to any person or
entity whether or not related in any way to the Redeveloper (collectively, a "Transfer"), without the
prior written approval of the Authority (whose approval will not be unreasonably withheld, subject
to the standards described in paragraph (b) of this Section) unless the Redeveloper remains liable
and bound by this Redevelopment Agreement in which event the Authority's approval is not
required. Any such Transfer shall be subject to the provisions of this Agreement. For the purposes
of this Agreement, the term Transfer does not include acquisition of a controlling interest in
Redeveloper by another entity or merger of Redeveloper with another entity.
(b) In the event the Redeveloper, upon Transfer of the Redevelopment Property or any
portion thereof either before or after issuance of the final Certificate of Completion, seeks to be
released from its obligations under this Redevelopment Agreement as to the portions of the
Redevelopment Property that is transferred, the Authority shall be entitled to require, except as
otherwise provided in the Agreement, as conditions to any such release that:
(i) Any proposed transferee shall have the qualifications and financial
responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill
the obligations undertaken in this Agreement by the Redeveloper as to the portion of the
Redevelopment Property to be transferred.
(ii) Any proposed transferee, by instrument in writing satisfactory to the
Authority and in form recordable in the public land records of Wright County, Minnesota,
shall, for itself and its successors and assigns, and expressly for the benefit of the Authority,
have expressly assumed all of the obligations of the Redeveloper under this Agreement as to
the portion of the Redevelopment Property to be transferred and agreed to be subject to all
373035vl MNI MN190 -136 17
the conditions and restrictions to which the Redeveloper is subject as to such portion;
provided, however, that the fact that any transferee of, or any other successor in interest
whatsoever to, the Redevelopment Property, or any part thereof, shall not, for whatever
reason, have assumed such obligations or so agreed, and shall not (unless and only to the
extent otherwise specifically provided in this Agreement or agreed to in writing by the
Authority) deprive the Authority of any rights or remedies or controls with respect to the
Redevelopment Property, the Minimum hnprovements or any part thereof or the
construction of the Minimrun Improvements; it being the intent of the parties as expressed in
this Agreement that (to the fullest extent permitted at law and in equity and excepting only
in the manner and to the extent specifically provided otherwise in this Agreement) no
transfer of, or change with respect to, ownership in the Redevelopment Property or any part
thereof, or any interest therein, however consummated or occurring, and whether voluntary
or involuntary, shall operate, legally, or practically, to deprive or limit the Authority of or
with respect to any rights or remedies on controls provided in or resulting from this
Agreement with respect to the Redevelopment Property that the Authority would have had,
had there been no such transfer or change. In the absence of specific written agreement by
the Authority to the contrary, no such transfer or approval by the Authority thereof shall be
deemed to relieve the Redeveloper, or any other party bound in any way by this Agreement
or otherwise with respect to the Redevelopment Property, from any of its obligations with
respect thereto.
(iii) Any and all instr unents and other legal documents involved in effecting the
transfer of any interest in this Agreement or the Redevelopment Property governed by this
Article VIII, shall be in a form reasonably satisfactory to the Authority.
In the event the foregoing conditions are satisfied then the Redeveloper shall be released from its
obligation under this Agreement, as to the portion of the Redevelopment Property that is transferred,
assigned, or otherwise conveyed.
Section 8.3. Release and Indemnification Covenants. (a) Except for any willful
misrepresentation or any willful or wanton misconduct or negligence of the Indemnified Parties
as hereinafter defined, and except for any breach by any of the Indemnified Parties of their
obligations under this Agreement, the Redeveloper releases from and covenants and agrees that the
Authority, the City, and the governing body members, officers, agents, servants, and employees
thereof (the "Indemnified Parties ") shall not be liable for and agrees to indemnify and hold harmless
the Indemnified Parties against any loss or damage to property or any injury to or death of any
person occurring at or about or resulting from any defect in the Redevelopment Property or the
Minimum Improvements.
(b) Except for any willful misrepresentation or any willful or wanton misconduct or
negligence of the Indemnified Parties, and except for any breach by any of the Indemnified Parties
of their obligations under this Agreement, the Redeveloper agrees to protect and defend the
Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any
claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever
arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the
373035YI MNI MN190 -I36 is
acquisition, construction, installation, ownership, maintenance, and operation of the Redevelopment
Property.
(c) Except for any willful misrepresentation or any willful or wanton misconduct or
negligence of the Indemnified Parties as hereinafter defined, and except for any breach by any of
the Indemnified Parties of their obligations under this Agreement, the Indemnified Parties shall
not be liable for any damage or injury to the persons or property of the Redeveloper or its officers,
agents, servants, or employees or any other person who may be about the Redevelopment Property
or Minimum I nprovements.
(d) All covenants, stipulations, promises, agreements and obligations of the Authority
contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and
obligations of such entity and not of any governing body member, officer, agent, servant, or
employee of such entities in the individual capacity thereof.
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373035vl MNI MNI90 -136 19
ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined. The following shall be "Events of Default" under
this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement,
any one or more of the following events, after the non - defaulting party provides 30 days written
notice to the defaulting party of the event, but only if the event has not been cured within said 30
days or, if the event is by its nature incurable within 30 days, the defaulting party does not, within
such 30 -day period, provide assurances reasonably satisfactory to the party providing notice of
default that the event will be cured and will be cured as soon as reasonably possible:
(a) Failure by the Redeveloper or Authority to observe or perform any covenant,
condition, obligation, or agreement on its part to be observed or performed under this Agreement,
including the business subsidy agreement set forth in Section 3.3 hereof.
(b) If, before issuance of the certificate of completion for all the Minimum
Improvements, the Redeveloper shall
(i) file ally petition in bankruptcy or for any reorganization, arrangement,
composition, readjustment, liquidation, dissolution, or similar relief under the United States
Bankruptcy Act or under any similar federal or State law; or
(ii) make an assignment for benefit of its creditors; or
(iii) admit in writing its inability to pay its debts generally as they become due; or
(iv) be adjudicated a bankrupt or insolvent.
(c) Failure by Redeveloper to observe or perform any covenant, condition, obligation, or
agreement on its part to be observed or performed under the Development Contract.
Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section
9.1 of this Agreement occurs, the non - defaulting party may:
(a) Suspend its performance under this Agreement until it receives assurances that the
defaulting party will cure its default and continue its performance under the Agreement.
(b) Upon a default by the Redeveloper under this Agreement or the Development
Contract, the Authority may terminate this Agreement.
(c) If the Event of Default occurs in connection with the business subsidy agreement
provisions set forth in Section 3.3 hereof, the Authority may exercise the remedies set forth in
that Section.
3730350 MNI MN 190 -136 20
(d) Take whatever action, including legal, equitable, or administrative action, which
may appear necessary or desirable to collect any payments due under this Agreement, or to enforce
performance and observance of any obligation, agreement, or covenant under this Agreement.
Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to any
party is intended to be exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or power or shall
be construed to be a waiver thereof, but any such right and power may be exercised from time to
time and as often as may be deemed expedient. To entitle the Authority to exercise any remedy
reserved to it, it shall not be necessary to give notice, other than such notice as may be required in
this Article IX.
Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Agreement should be breached by either party and thereafter waived by the other
party, such waiver shall be limited to the particular breach so waived and shall not be deemed to
waive any other concurrent, previous or subsequent breach hereunder.
Section 9.5. Attorney. Whenever any Event of Default occurs and if the Authority
shall employ attorneys or incur other expenses for the collection of payments due or to become due
or for the enforcement of performance or observance of any obligation or agreement on the part of
the Redeveloper Linder this Agreement, the Redeveloper agrees that it shall, within 10 days of
written demand by the Authority, pay to the Authority the reasonable fees of such attorneys and
such other expenses so incurred by the Authority.
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373035v1 MNIMN190- 136 21
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; Representatives Not Individuall Lam. The Authority
and the Redeveloper, to the best of their respective knowledge, represent and agree that no member,
official, or employee of the Authority shall have any personal interest, direct or indirect, in the
Agreement, nor shall any such member, official, or employee participate in any decision relating to
the Agreement that affects his personal interests or the interests of any corporation, partnership, or
association in which he, directly or indirectly, is interested. No member, official, or employee of the
City or Authority shall be personally liable to the Redeveloper, or any successor in interest, in the
event of any default or breach by the Authority or for any amount that may become due to the
Redeveloper or successor or on any obligations tinder the terms of the Agreement.
Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its
successors and assigns, agrees that during the construction of the Minimum Improvements provided
for in the Agreement it will comply with all applicable federal, state, and local equal employment
and non - discrimination laws and regulations.
Section 10.3. Restrictions on Use. The Redeveloper agrees that until the Termination Date,
the Redeveloper, and such successors and assigns, shall devote the Redevelopment Property to the
operation of the Minimum Improvements as described in Section 4.1 hereof, and shall not
discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or
in the use or occupancy of the Redevelopment Property or any improvements erected or to be
erected thereon, or any part thereof.
Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement
are intended to or shall be merged by reason of any deed transferring any interest in the
Redevelopment Property and any such deed shall not be deemed to affect or impair the provisions
and covenants of this Agreement.
Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in
construing or interpreting any of its provisions.
Section 10.6. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under the Agreement by either party to the
other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally, to the following addresses (or to
such other addresses as either party may notify the other):
To Redeveloper: Scraper Development, Ltd.
Attn:
821 Marquette Avenue South, Suite 600
Minneapolis, Minnesota 55402
373035v1 MNr MN 190-136 22
To Authority: City of Monticello EDA
Attn: Executive Director
505 Walnut Street
Monticello, Minnesota 55362
Section 10.7. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 10.8. Amendment. This Agreement may be amended only by written agreement
approved by the Authority and the Redeveloper.
Section 10.10. AuthoritApprovals. Unless otherwise specified, any approval required by
the Authority under this Agreement may be given by the Authority Representative.
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373035vl MNI MN190 -136 23
IN WITNESS WHEREOF, the Authority and Redeveloper have caused this Agreement to be duly
executed by their duly authorized representatives as of the date first above written.
CITY OF MONTICELLO ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
SS.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of 2010
by and the President and Executive Director of the
City of Monticello Economic Development Authority, on behalf of the Authority.
Notary Public
373035vl MNI MN190 -136 24
SEMPER DEVELOPMENT, LTD.
am
STATE OF MINNESOTA )
SS.
COUNTY OF )
Its
The foregoing instrument was acknowledged before me this day of 2010,
by , the of Semper Development, Ltd., a
Minnesota corporation, on behalf of the corporation.
Notary Public
373035vl MNIMN190 -136 25
SCHEDULE A
REDEVELOPMENT PROPERTY
Lot 11, Block 53, excepting the South 50 feet thereof, of the Original Plat of the Townsite of
Monticello, Wright County, Minnesota.
And
Lot 12, Block 53, excepting the Southerly 50 feet thereof, of the Original Plat of the Townsite of
Monticello, Wright County, Minnesota.
And
Lots 1, 2, 3, 13, 14 and 15, Block 53, Townsite of Monticello, except therefrom the Easterly 2 feet
of Lot 3. The said Easterly 2 feet being described as 2 feet running parallel with the Easterly line of
Lot 3, Block 53, Townsite of Monticello, according to the recorded plat thereof, Wright County,
Minnesota.
And
That portion of Lot 3, Block 53, in the Town or Townsite of Monticello, according to the plat by
John O. Haven, described as follows: The easterly 2 feet of said Lot 3, being that portion thereof
that lies easterly of a line drawn parallel to and 2 feet westerly of the common line between Lots 3
and 4 in said Block, when measured at a right angle therefrom.
And
Lots 4, 5 and 6, Block 53, in the Town or Townsite of Monticello, according to the plat by John O.
Haven.
And
That portion of Lot 7, Block 53, in the Town or Townsite of Monticello, according to the plat by
John O. Haven, described as follows: The westerly 14 inches of said Lot 7, being that portion
thereof that lies westerly of a line drawn parallel to and 14 inches easterly of the common line
between Lots 6 and 7 in said Block, when measured at a right angle therefrom.
To Be Platted as Nicolle Addition.
A -1
373035vl MNI MN 190 -136
SCHEDULE B
CERTIFICATE OF COMPLETION
WHEREAS, the City of Monticello Economic Development Authority (the "Authority ")
and Scraper Development, Ltd. ( "Redeveloper ") entered into a certain Contract for Private
Redevelopment dated 2010 ( "Contract'); and
WHEREAS, the Contract contains certain covenants and restrictions set forth in Articles
III and IV thereof related to completing certain Minimum Improvements; and
WHEREAS, the Redeveloper has performed said covenants and conditions insofar as it is
able in a manner deemed sufficient by the Authority to permit the execution and recording of this
certification;
NOW, THEREFORE, this is to certify that all construction and other physical
improvements related to the Minimum Improvements specified to be done and made by the
Redeveloper have been completed and the agreements and covenants in Articles III and IV of the
Contract have been performed by the Redeveloper, and this Certificate is intended to be a
conclusive determination of the satisfactory termination of the covenants and conditions of
Articles III and IV of the Contract related to completion of the Minimum Improvements, but any
other covenants in the Contract shall remain in full force and effect.
Dated: 20 . ST. LOUIS PARK ECONOMIC DEVELOPMENT
AUTHORITY
Authority Representative
B -1
373035v1 MN MN190 -136
STATE OF MINNESOTA )
SS.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _ day of 120
by , the of the City of Monticello Economic
Development Authority, on behalf of the Authority.
Notary Public
This document drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
Minneapolis, MN 55402
B -2
373035v1 MNI MN190 -136
SCHEDULE C
SITE PLAN
C -1
373035v1 MNI MN190 -136
EDA Agenda: 2/10/2010
6. Acceptance of EDA Fund Balance Report. (TK)
A. REFERENCE AND BACKGROUND:
Attached are the annual estimated fund balance report of all the tax increment districts within
the City and the balance of the general EDA fund. This report is the audited balances of the
districts and the EDA Fund.
The report reflects the early decertification of TIF Districts 1 -26, 1 -28, and 1 -33, which all
obligations were paid off in 2009. Also District 1 -22 (Downtown) provides the funding
source for the 2004 Taxable TIF Bond. This bond fund had more cash in it then will be
needed to pay off the obligation. Therefore in 2009 staff has transferred $890,000 back into
TIF District 1 -22 as required. The 2004 Taxable TIF Bond was called in August of 2010 with
the funds on hand.
Another transfer staff made and reflected in this report is for the Otter Creek Business Park
land purchases. The funds for the purchase of the land came from the EDA general account
however when land was sold the funds received were recorded in other City Funds for some
reason. Since staff can not find any explanation for this staff recommends transferring into
the EDA general account the $1,365,000 in land sales, which is reflected in this report.
Finally, all the TIF Districts were set up as pay -as- you -go obligations, which if the district
does not generate enough increment to pay off the pay -as- you -go obligation the loss is to the
developer /property owner and not the EDA or City. The exceptions are Districts 1 -36
(Dahlheimer), 1 -37 (Karlburger Foods), and 1 -38 (Walker -In- Store) which were provided
upfront assistance in the form of reduced land acquisition costs of the EDA's Otter Creek
Business Park land. For these Districts the EDA sold the land at a price below market value
and as increment comes in from the district we are paying the EDA back for this discounted
land price. However, with the increment generated from Districts 1 -36 and 1 -38 the EDA will
not recoup their land costs. This would mean the EDA sold the land at something less than
$1.00 a square foot as originally planned.
B. ALTERNATIVE ACTIONS:
1. Accept the 2009 EDA Fund Balance Report.
2. Do not accept the 2009 EDA Fund Balance Report.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Staff for alternative 1.
D. SUPPORTING DATA:
2009 EDA Fund Balance Report.
Newspaper Annual Disclosure of Tax Increment Districts
First Four pages of State Auditor TIF District Reports
7. PROPOSED FUNDING PLAN FOR THE EMBRACING DOWTOWN STUDY.
A. REFERENCE AND BACKGROUND:
The EDA and City Council unanimously approved moving forward with an Embracing
Downtown study at the joint meeting on July 14, 2010, with the caveat that staff research
viable funding sources.
City Staff has been working through various budgeting options. Staff would like to
propose the following breakdown to fund the $237,695 Embracing Downtown project:
TIF Surplus Funds: $128,000 approved by EDA from TIF 1 -2
Proposing: $32,000 additional surplus TIF funds from 1 -2
Reason: TIF District 1 -2 will expire in December of this year. The
EDA directed staff to work with a property owner downtown to
purchase property. New information has come to light regarding
this property and therefore the property is not currently available
for purchase. In light of this new information, it will be difficult to
purchase a property by December. In order to capitalize on the
availability of these funds, staff would like the EDA to consider
maximizing the remaining funds in 1 -2. Staff understands the EDA
desires to purchase property, however funds are still available in
Districts 5 & 6 and potentially 1 -22 (after decertifying). It could be
said that funding a project like Embracing Downtown, will
ultimately provide a greater return on investment and provide a
guide as to specific properties the EDA should purchase to pave
the way for efficient & effective redevelopment.
General Fund:
Proposing $77,695
Reason: The EDA and City Council made it clear that a portion of
the study should come out of the General fund. Staff is proposing
to ask the City Council to fund the remaining $77,695. This could
be viewed as covering a little more than the Land Use section
($76,000).
Grants:
Proposing: Staff will apply for any available grants. It is possible the City
could receive an Initiative Foundation Grant, a Live Wright Grant (for the
pedestrian section), and other Economic Development grants. Staff will be
diligent in researching options to reduce both the EDA and City general
fund expenses.
July 14, 2010 EDA & CC
B. RECOMMENDATION:
City Staff would like to discuss the proposed funding options with the EDA. Staff is
recommending the EDA make a formal motion approving utilizing $160,000 dollars of
surplus TIF from District 1 -2 and recommend the City Council allocate $77,695 dollars
in the 2011 General Fund budget. It is anticipated the City Council would review the
proposal at their August 23, 2010 meeting. City Staff, McComb Group, and the Steering
Committee are anxious to move this project forward.
C. ALTERNATIVE ACTIONS:
1. Motion to approve utilizing $160,000 of surplus TIF from District 1 -2 and recommend
the City Council allocate $77,695 in the 2011 General Fund Budget to fund the
Embracing Downtown Study.
2. Motion to approve utilizing of surplus TIF dollars and recommend
the City Council allocate in the 2011 General Fund Budget to fund the
Embracing Downtown Study.
3. Motion to table action for further research.
D. SUPPORTING DATA:
a. None provided
8. INITIATE A LEADERSHIP AND MANAGEMENT TRAINING COURSE FOR
EXISTING MONTICELLO BUSINESSES
REFERENCE & BACKGROUND:
Since starting in Monticello, the Economic Development Director has desired to initiate a training
and /or education course for existing businesses. Upon completion of the BR &E survey, it once again
became clear that businesses are interested in training opportunities localized if at all possible.
City Staff and the Chamber Director meet with Jamie Simonsen from North Hennepin Technical
College to discuss an opportunity to provide leadership and management training to our local
business leaders. The college has put together a dynamic eight month, once a month, 4 hr per course
program.
In order to make the program more affordable to the business community, city staff is asking the
EDA to subsidize a portion of the registration fee. The EDA /HRA budget currently has a fund
balance of $11,000 in the "Professional Services" line item. Staff is proposing to utilize
approximately $8,000 dollars of this fund to subsidize this business retention effort. In preparing next
year's EDA/HRA staff will incorporate a Business Retention Education line item and will be
requesting this become a regular budgeted program.
It is becoming more and more critical that communities provide initiatives and /or programs that show
the existing businesses that we do more than just attract them to our community. Business retention
efforts and initiatives are becoming critical to a communities economic sustainability. Through the
BR &E survey it became clear that we need to show the business community we work diligently to
keep your business in town.
RECOMMENDATION:
City Staff will recommend the EDA approve the course and subsidize up to $8,000 dollars (25
participants) in the 2010 budget.
The Chamber Board met on August 10, 2010 to review the proposed concept and course outline. The
Chamber Board made a motion supporting the Leadership Training initiative and authorized
participation in marketing the program, assisting with meeting logistics, and coordinating breakfast.
The IEDC will be meeting on August 17th to review this agenda item. Staff will provide a verbal
update to the EDA.
A representative from North Hennepin Community College will be present to further review the need
for this type of initiative and to review the proposed course outline.
ACTION:
1. Motion to approve subsidizing up to $8,000 dollars of registration fees for existing Monticello
businesses to participate in a L.E.AD. program instructed by North Hennepin Community College.
EDA 8.18. 10
2. Motion denying subsidizing a L.E.A.D Training Course.
3. Motion to table for further research.
SUPPORTING DATA:
a. Proposed L.E.A.D program outline
2 EDA 8.18.10
41F
North Hennepin
C,ommaaity College
Adult Pdamlian &Training
August 5, 2010
Megan Barnett- Livgard, City of Monticello
Sandy Suchy, Monticello Chamber of Commerce & Industry
North Hennepin Community College
Adult Education & Training
741185th Avenue North
Brooklyn Park, MN 55445
763 - 424 -0880
www.nhcc.edu /cect
Thank you for the opportunity to discuss your ideas regarding the development of a leadership program
for the City of Monticello business leaders.
In response to the Business Retention and Expansion survey, it is evident that there are a variety of
needs as identified by area business leaders. We have attempted to address the major areas of concern
and are open to feedback and suggestions.
North Hennepin Community College Adult Education and Training is committed to providing innovative
continuing education, customized training, and adult degree options. We accomplish this through
quality instruction, service, and unique solutions.
NHCC has a strong history in serving business and industry. Whether it is training focused on computer
applications or leadership development, we strive to create a learning environment matched with
expert instructors to meet the needs of our community partners. Through customized training or series
such as the NHCC Leadership Breakfast Lectures, we are committed to providing opportunities for
leaders to engage in learning to learn more about themselves, their teams and their organization.
During the current economy, we have seen a paradigm shift occurring in organizations and investment
in training. Difficult decisions are being made by organizations: balancing the need to be economically
sound and to continue to invest in their employees. Research has shown that, particularly during these
tough economic times, organizations who continue to invest in their current employees will weather the
storm with a stronger and more committed group of individuals working for them.
We are proud to partner with the City of Monticello and the Monticello Chamber of Commerce and
Industry as they invest in their local business community. The long -term investment made by these two
organizations will enable Monticello to retain the current strong base of business and industry we see
today and to continue to attract new opportunities to the area.
Sincerely,
Jaime Simonsen
Dean of Adult Education & Training
Ar17
North Hennepin
Coimnunity college
Adult Ednretimt 6Traiui
Building Leadership Capacity
Leadership Program Proposal
Often in the workplace, once people acquire a certain level of technical skills, product knowledge, and
history with an organization, they are promoted to leadership roles. However, leadership training does
not always accompany the promotion, and strong technical skills do not necessarily transfer to leading.
Leadership has its own unique set of skills. To support local and regional businesses in training their
current and future leaders, the City of Monticello and the Monticello Chamber of Commerce & Industry
are sponsoring a leadership program. These civic organizations, along with North Hennepin Community
College, are pleased to present:
L.E.A.D. Monticello
Learn. Educate. Act. Develop.
Leaders need to:
• learn about themselves and their leadership styles to be authentic and credible,
• be able to educate and motivate others to complete tasks,
• act to lead projects and implement change, and
• help develop the organization and its employees.
Program Components:
Session 1
Learn: Discover Your Leadership Style
Identify your natural leadership style and use your unique talents to meet the needs of
followers.
Session 2
Educate: Motivate Anyone from Any Generation
Learn the strengths each generation bring to the workplace, how to harness those strengths,
and how to blend those strengths with the other generations.
Session 3
Learn: Improve Your Interpersonal Communication Skills
Identify and understand communication style differences, how to give or receive directives, and
how others may perceive you as a result of your communication style.
Session 4
Educate: Individualize for Better Motivation
Use the individual work styles and learning styles of the people you lead to communicate more
effectively and increase motivation.
4411
North Itennepin
con111mnity College
Adult EAxmtial+ & 7r41ei
Session 5
Act: Coordinate Projects for Success
Leadership Program Proposal
Use resource planning to set -up and execute projects so that they are completed on time and on
budget. (Note: the bigger ad can explain provide some project definitions for larger appeal:
marketing campaign, the launching of a new product or service, an event, a construction
project, opening a business, implementing new technology software, etc.)
Session 6
Develop: Identify & Measure Performance Goals — a leaders guide to coaching
Discover tools and strategies that allow you to identify, set, coach, and measure performance
goals that have a positive impact on employees and the organization.
Session 7
Act: Implement Change
Understand the dynamics of change theory and ascertain your role to create a healthy
environment to lead people through organizational change.
Session 8
Develop: Maximize Your Organization
Gain knowledge on how to lead so that you strengthen relationships, manage and resolve
conflict, and communicate clearly for better performing teams across the organization.
Tentative Schedule:
7:30- 8:15am
Business Leadership Breakfast Roundtable
8:15- 8:30am
Check -in
8:30am- 12:30pm
Featured Session
Participants:
This program will attract three different audiences:
1. Business Core Partners - $495.00 /per partner /entire series
Businesses may purchase seats for the entire series (all 8 sessions). They are also invited to a specia
Business Core Leadership Roundtable prior to each session where they will participate in a
facilitated discussion about current leadership challenges and successes, application of previous
workshop lessons and future needs. Business Core Partners may choose to rotate individual staff to
attend the series.
2. Business Partners - individuals - $75.00 /per participant /per session
Business Core Partners may choose to purchase additional registrations in single sessions to allow
for greater involvement and learning.
3. Community Members - $149.00 /per participant /per session
To maximize the opportunities for discussion and to showcase Monticello's commitment to their
business leaders, additional community members from Monticello and surrounding areas may
attend one or more sessions.
Z�i1117
North Hennepin
Commnniiy Callcgc
AA,It Cdaanier�bTrrtinlnX Leadership Program Proposal
North Hennepin Community College will provide:
• Secure online registration and invoicing options.
• Quality professional instructors who have trained in a variety of industries.
• Facilitator for each Business Core Leadership Roundtable and written overview of each session.
• All session materials.
Monticello Chamber of Commerce & Industry will provide:
• Graphic design of marketing materials.
• Promotion of program to members.
• Logistical assistance for each session.
City of Monticello will provide:
• Financial subsidy for Business Core Partners
• Catering coordination and payment.
• Space coordination.
• Promotion of program to area businesses.
• Logistical assistance for each session.
The City of Monticello will contract with North Hennepin Community College to coordinate and provide
L.E.A.D. Monticello. NHCC will invoice the City $320 /per business core partner registration for
administrative costs, materials and an on -site facilitator for each session. NHCC will invoice the City of
Monticello 50% of the total cost on October 31" and then the remaining 50% on February 28, 2011. In
addition, the City /Chamber would be responsible for covering any catering charges and Community
Center rental. A minimum of 10 Core Business Partner registrations must be secured by October 1, 2010
with a maximum of 20 Core Business Partners.
Instructors:
Sara Braziller
Sara Braziller has 25+ years of successfully leading and managing projects, establishing high performing
organizations and problem solving in over 125 product /service companies. Braziller is an adjunct faculty
member of the University of St. Thomas where she has designed and teaches graduate courses in Lean,
Six Sigma and Enterprise Information Systems, as well as being lead faculty for Lean at the Center for
Business Excellence. She also owns her own consulting practice where projects range from leading
kaizen events to developing entire LEAN programs that include communication plans, change
management, training, etc. Previously, Sara was the VP/ CIO for Jenny Craig International in San Diego,
California. Sara holds a BA in Production Operations Management with a minor in Information Systems
from North Texas State University. Through APICS, she is certified in Resource Management (CIRM) and
is also a Certified Practitioner in Inventory Management (CPIM).
CarolKronholm
Carol Kronholm's current role in the Career Development field is working with adults in meaningful
career transitions, focusing both on 40+ career transitions and Boomers planning their next stage of
lifework. She is an independent consultant working with clients on an individual, customized basis. She
is one of North Hennepin Community College's lead StrengthsFinder instructors. Carol's degrees include
QIQi
North Hennepin
commnniiy College
Adult Educaam e, Training Leadership Program Proposal
a Bachelor of Science from University of Minnesota and Master of Education from University of St
Thomas.
Erin Meyer
Erin O'Hara Meyer, PHR, international trainer and consultant, believes that administrative professionals
are an untapped leadership resource in most organizations. For over 20 years Erin has performed
administrative responsibilities, managed administrative teams, and led human resource initiatives
culminating in award - winning professional development plans for administrative employees. Erin's
experience managing teams adds to herteaching expertise as a part of North Hennepin Community
College's StrengthsFinder program.
Bill Wermager
With more than 25 years of diverse business experience Bill Wermager brings a wealth of knowledge
into the classroom. Bill began his career as an accountant and financial analyst. While at American
Express Financial Advisors, he transitioned into business development, sales and marketing, and project
management. Bill is a life -long learner. He earned the PIMP (Project Management Professional)
certification in 2004, became an Accredited Associate of the Institute for Independent Business in 2006,
and earned an MBA degree in 2007. He is the founder and principal of Advance Business Group, Inc.,
providing business advice and project management to small and medium sized businesses. Bill has
developed and delivered training nationally to financial advisors and is a key instructor for North
Hennepin Community College's project management program.
9. INDUSTRY OF THE YEAR AWARD & INDUSTRIAL RECOGNITION EVENT
REFERENCE & BACKGROUND:
The IEDC has discussed the concept of creating an Industry of the Year award at a few of their past
meetings. Originally the IEDC was provided with the idea of the Chamber and the City partnering
together on an Industry of the Year Award. The Chamber Board made the decision to keep their
Business of the Year award as is and allow for flexibility to recognize an industry business if
determined appropriate.
City Staff will be revisiting this topic with the IEDC at their August 17, 2010 meeting.
Manufacturing Month is coming up in October and it is City Staff's opinion the IEDC and EDA
should formally recognize the many industries in the City.
Staff would like to formalize an annual Industry of the Year Award through the IEDC and EDA.
Attached is a draft outline or starting point to establish a method to recognize an industry every year.
In conjunction with establishing a process and criteria for an Industry of the Year award. Staff would
also like to discuss initiating an event in October that is targeted to the industries in Monticello.
A few options for an Industry Event include:
• Breakfast round table with the Mayor, IEDC /EDA reps. and/or applicable speaker
• Catered lunch with a speaker
• Happy hour networking
• ? ??
Staff is looking for ideas and suggestions. Industry leaders have been a little bit difficult to engage in
recent months. Staff has heard repeatedly that they are doing a lot more with the daily demands of
their company due to the slower economy. Therefore staff would recommend a short and convenient
event. The location could be at one of the industries or the New River Medical Center. Staff would
like to discuss venue and location ideas with the IEDC.
RECOMMENDATION:
City Staff would like to discuss the proposed criteria outlined in the Industry of the Year Award and
determine an appropriate industry recognition event to initiate in October. The IEDC will be meeting
on August 17`h and will provide a formal recommendation to the EDA.
ACTION:
1. Motion to approve a process and criteria establishing an Industry of the Year Award and
recognition event with an approximate budget of $400 to cover food, award, and invitation costs.
2. Motion denying moving forward with an Industry of the Year Award and recognition event.
EDA 8.18.10
3. Motion to table for further discussion.
SUPPORTING DATA:
a. Proposed Industry of the Year Criteria
Im-F _ : l
hti)mr1cfii 1.0
INDUSTRIAL AND ECONOMIC DEVELOPMENT
COMMITTEE AND ECONOMIC DEVELOPMENT AUTHORITY
INDUSTRY OF THE YEAR AWARD
Purpose:
The IEDC and EDA desire to recognize industries within Monticello that exhibit business
excellence, innovation, community involvement, high level of customer and employee relations,
and driver of economic growth. The Industry of the Year award will be given to one business
each year at an industry recognition event.
Eligibility:
Industry shall be defined as follows: a business that performs a majority of their commercial
activity with other businesses and a minority of their commercial activity directly with the public
consumer.
Businesses in Monticello that meet the definition of industry are eligible. The company must be
established for at least five years. Upon receiving an award, said business will not be eligible for
at least three years.
Process:
The IEDC will nominate three businesses in August of each year to be considered for the
Industry of the Year. Staff and two members of the IEDC will conduct an on -site interview with
each nominee. At the September IEDC meeting, the Committee will vote to select one business
to receive the Industry of the Year award. The IEDC will forward the nomination to the EDA.
The EDA will determine the final candidate based on a majority vote.
Criteria for Evaluation:
- Business excellence: Successful business practices, i.e., marketing and promotion of
business ethics; promotion of employee growth and development; contribution to its
industry; and research and development.
- Staff training and motivation& employee engagentent: Philosophy of engaging and
empowering employees. Empowered employees are proactive and persistent, and make
decisions that are consistent with the company's strategic goals and objectives.
Organizations benefit greatly from having an engaged workforce. Research shows strong
connections between employee engagement and turnover, productivity, customer service,
loyalty and corporate financial performance.
Community involvement. A demonstrated interest in the welfare of the community
through financial contributions, service and civic leadership. Actively supports the
community through participating in volunteering programs and /or events.
Customer relations: A high level of customer confidence and excellence in customer
services and relations.
- Innovation: Creativity and imagination in business operations, products and services.
Strives to distinguish itself from other businesses in their industry.
- Economic Growth: Continual increase in tax -base and creation of liveable wage jobs.
Economic Development Director Updates:
IEDC:
The IEDC is meeting on Tuesday, August 17, 2010. Staff will provide a verbal update
City Council: See attached agenda.
Planning Commission: See attached agenda.
Wright County Economic Development Partnership
Wright County will be hosting their annual golf tournament on September 13, 2010 at Wild
Marsh Golf Course in Buffalo. Please contact the partnership if you would like to participate.
They can be reached at 763.477.3000 or nlabine c wb, e.ore.
I -94 Corridor Coalition:
Nothing new to report at this time.
BR &E:
Please mark your calendars for September 28, 2010 from 7:30am — 12:00pm at the New
River Medical center for the BR &E Taskforce Retreat. This is a critical meeting for all
Task Force members to attend. Results of the survey will be presented along with identifying
viable projects to initiate to continue to strengthen Monticello's business economy. It is
anticipated the agenda will follow the format below:
Suggested Agenda for BR &E Task Force Retreat
7:30 a. m ........... ............................... Registration and coffee
8:00 ...............
Welcome Task Force and introduce program
8:15 ..................
Review of research results from firm visits
and presentation of strategy 1
8:30 .................
In small groups, discuss suggested projects
8:45 .............
:...... Nominate projects related to this strategy
9:00 ......................
Review research results for strategy 2
9:15 ..............
Small group discussion of suggested projects
9:30 ............
Nomination of projects related to this strategy
9:45 ...................................
............................... Break
10:30 p.m........
Review of research results for strategy 3
10:45 .................
In small groups, discuss suggested projects
11:00 .....................
Nominate projects related to this strategy
11:30 ......................
Review research results for strategy 4
11:45 ..................
In small groups, discuss suggested projects
12:00 .....................
Nominate projects related to this strategy
12:15 ............ ...............................
Final discussion and voting
12:30 ...........................................
............................... Adjourn
Inquiries:
Staff has received two very interesting inquiries within the past month. Staff is working
diligently to put a proposal together for each potential company. One of the inquiries is a
medical products distribution center and the other lead is highly confidential however could
provide good tax base and good paying jobs to Monticello.
Industrial Marketing / Venues:
City Staff attended a Wind Supply Chain Conference in July. Staff was able to meet a few
manufactures and learn a lot about the opportunities for companies to expand into the wind
energy industry. The City will also have representation at the Medical Design &
Manufacturing Conference, LifeScience Alley Conference, and CoreNet Global conference.
Business Communications & Initiatives:
The Fall Business Insider issue will begin production in September. Staff will be asking for
IEDC input.
Embracing Downtown:
It is anticipated the Embracing Downtown study will begin in September.
Future Meeting Dates:
1. IEDC: September 7, 2010 (Strategic Goal Setting and Work Plan Meeting)
2. EDA: August 18, 2010
3. BR &E: September 28, 2010 Task Force Retreat
IEDC August 17, 2010
AGENDA
REGULAR MEETING — MONTICELLO CITY COUNCIL
Monday, August 9, 2010 — 7 p.m.
SPECIAL MEETING
5:30 p.m. — Budget Workshop
Mayor: Clint Herbst
Council Members: Tom Perrault, Glen Posusta, Brian Stumpf, Susie Wojchouski
1. Call to Order and Pledge of Allegiance
2A. Approval of Minutes — July 26, 2010 Regular Meeting
3. Consideration of adding items to the agenda
4. Citizen comments, public service announcements and Council updates
a. Citizen Comments:
b. Public Service Announcements:
1) Movie in the Park (8/13)
2) Introduction of 2010 Monticello Royalty
3) New recycling carts
C. Staff Updates:
5. Consent Agenda:
A. Consideration of approving new hires and departures for City departments
B. Consideration of adopting Resolution #2010 -52 to accept contributions for an
MCC softball tournament held in July and for the Fire Department for fire
prevention education
C. Consideration of approving additional election judges for the 2010 elections
D. Consideration of approving applications for a temporary 2 -day liquor license and
a charitable gambling permit for the Church of St Henry's fall festival on
September 18 -19, 2010
E. Consideration of approving an Amendment to a Conditional Use Permit (CUP) to
allow joint parking for a commercial restaurant use; Applicant: Warnert Development
F. Consideration of approving a request for Rezoning from B -4 to I -1A, a Request for
Text Amendment and a request for Conditional Use Permit for Auto and Truck Repair
Major; Applicant: Hoglund Bus & Equipment
G. Consideration of approving an Amendment to Conditional Use Permit for Planned
Unit Development for Union Crossings and consideration of a final plat for Union
Crossings 5 Addition; Applicant: Ryan Companies US, Inc.
H. Consideration of approving a request for extension of Conditional Use Permit for
Planned Unit Development for a multi- tenant commercial development in a B -3
(Highway Business) District. Applicant: Cornerstone /DOJO LLC
Consideration of approving a request for extension of a Conditional Use Permit for a
Bank Facility with Drive - Through Facility, Joint Parking and Joint Access.
Applicant: Broadway Market Investors, LLC
Consideration of approving request from Monticello Fire Relief Association to keep
pension amounts at the same level
K. Consideration of adjusting the quarterly water billing for metered irrigation
systems
L. Consideration of authorizing advertisement for an Intern to assist with GIS inventory
of City street lighting system to be funded from electric surcharge revenue
M. Consideration of authorizing final management agreement between HBC and
FiberNet /City of Monticello
N. Consideration of authorizing hiring a temporary Intern for the Finance Department
6. Consideration of items removed from the consent agenda for discussion.
7. Public Hearing — Consideration of approving vacation of Maple Street adjacent to the
Mississippi River per petition of abutting landowners
8. Public Hearing — Consideration of approving Ordinance #517 amending the 2010 Fee
Schedule
9. Consideration of adding sidewalk snow removal from Highway 25 from Mississippi
River to I -94 into the "City- Maintained Sidewalks" section of the Snow
Plowing/Removal Policy
10. Consideration of amending contract for police service in 2011
11. Added Items
12. Approve payment of bills for August 9"'
13. Adjournment
AGENDA
MONTICELLO PLANNING COMMISSION
Tuesday, August 3rd, 2010
6:00 PM
Mississippi Room, Monticello Community Center
Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz,
and Barry Voight
Council Liaison: Susie Wojchouski
Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman — NAC
Call to order.
Consideration to approve the Planning Commission minutes of July 6a', 2010.
3. Citizen Comments.
4. Consideration of adding items to the agenda.
5. Public Hearing - Consideration of a request for Amendment to Conditional Use Permit for
Planned Unit Development for Towne Centre Signage Plan.
Applicant: Silver Creel, Development
6. Public Hearing — Consideration of an Amendment to Conditional Use Permit for Planned Unit
Development for Union Crossings and consideration of a final plat for Union Crossings 5'h
Addition.
Applicant: Ryan Companies US, Inc.
Public Hearing — Consideration of an Amendment to Conditional Use Permit for Joint
Parking for a commercial restaurant use.
Applicant: Warnert Development
8. Public Hearing — Consideration of a request for Rezoning from B -4 to MA, I -1 or B -3, a
Request for Text Amendment and a request for Conditional Use Permit for Auto acid Truck
Repair Major.
Applicant: Hoglund Bus & Equipment
9. Consideration of a request for extension of Conditional Use Permit for Planned Unit
Development for a multi- tenant commercial development in a B -3 (Highway Business)
District.
Applicant: Cornerstone /DOJO LLC (AS)
Continued ...
10. Consideration of a request for extension of a Conditional Use Permit for a Bank Facility with
Drive - Through Facility, Joint Parking and Joint Access.
Applicant: Broadway Market Investors, LLC
11. Consideration to call for a Public Hearing on amendments to the 2010 City of Monticello
Zoning Map. Applicant: City of Monticello
12. Community Development Director's Report.
13. Adjourn.