Loading...
City Council Agenda Packet 06-24-1996AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, June 24,1996 - 7 p.m - Mayor: Brad Fyle Council Members: Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault 1. Call to order. 2. Approval of minutes of the regular meeting held June 10, 1996. 3. Consideration of adding items to the agenda. A. Consideration of a resolution accepting feasibility study and authorizing preparation of plans and specifications for the extension of watermain to the Bondhus manufacturing facility on East Broadway/County Road 76. 4. Citizens comments/petitions, requests, and complaints. 6. Consent agenda. A. Consideration of accepting bids and awarding contract for brick repair at city hall. B. Consideration of resolution proclaiming July 1, 1996, as Women of Today Founder's Day in Monticello. C. Consideration of accepting bid for painting at Senior Citizens' building. 6. Consideration of consent agenda items removed for discussion. 7. Public Hearing --Consideration of adopting a resolution modifying the Redevelopment Plan for Central Monticello Redevelopment Project (CMRP) No. 1; modifying the budgets of TIF Districts Nos. 1.1 through 1.18; establishing TIF District No. 1-20; and approving the CMRP Plan and TIF Plans relating thereto. 8. Consideration of resolutions awarding sale of 1996A G.O. Improvement Bonds, 1996B G.O. TIF Re4mding Bonds, and 19960 G.O. Interceptor Sewer Refunding Bonds. Agenda Monticello City Council June 24, 1996 Page 2 9. Consideration of appeal of denial to grant building permit allowing construction of detached garage in an R^2 zone. Applicant, Dennis Hook. 10. Consideration of approval of a conditional use permit allowing a planned unit development in an R-2 zone. Applicant, John Komarek. 11. Consideration of preliminary plat approval of the Prairie West Subdivision 2nd Addition. Applicant, John Komarek. 12. Consideration of accepting 1995 Year -End Audit Report--Gruys, Borden, Carlson & Associates. 13. Consideration of accepting bids and awarding contract for bituminous paving at public works building and commuter parking lot. 14. Consideration of bills for the month of June. 15. Adjournment. Informatinnal ILra Update—Katzmarek parcel of the Prairie West 2nd Addition. MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, June 10, 1996 - 7 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Members Absent: None Approval_ of minutes of the regular meeting held May 28, 19%- A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD MAY 28, 1996, AS WRITTEN. Motion carried unanimously. Consideration of adding items to thp MnAn. A Vnn_Aideration of a request to discuss pglicy regarding letters to the ediur. — City Administrator Rick Wolfsteller reported that at the April 22 Council meeting, Councilmember Herbst requested that all letters to the editor written by City staff as City employees be reviewed and approved by the City Council. No formal motion was adopted by the Council as a whole; however, the perception was that a policy was adopted. Wolfateller noted that Mr. Don Smith, publisher of the Monficello Times, requested that this item be on the agenda for reconsideration by Council. In his letter to the Council, City Attorney Paul Weiagarden stated that any attempt to "screen" letters, no matter how benign or pure the Council's motives were, may be viewed as an impermissible prior restraint upon constitutionally -protected speech. Weingarden suggested abandoning such a policy and leaving internal speech issues to the disciplinary authority of the City Administrator and department heads. Don Smith noted that the strongest reason for not adopting such a policy was that the City administration should speak out defending or explaining city policy. He noted that such public debate should be supported, especially in light of the City Attorney's advice not to adopt a policy which prohibits such letters. Page I O Council Minutes - 6/10/96 Mayor Fyle noted that his intention was to review controversial items only. Any informational items or explanations would not be required to be reviewed by Council. He also noted that the policy would not prohibit City staff from writing letters to the editor as citizens. Councilmember Herbst agreed that the intent of the proposed policy would be to review letters on controversial subjects to ensure that they were written in a manner acceptable to Council. He was concerned that letters on controversial items could appear to be endorsed by the Council. He stated that if staff feels a letter isn't controversial, they should feel free to publish it, and there would be no action against a staff member for writing a letter to the editor. Rick Wolfsteller noted that it is difficult to discern which subjects would be controversial and which would not be controversial, thus staff might be hesitant to write any letters at all. Assistant Administrator O Neill noted that Council might consider directing staff to prepare a press release or formal Council position on controversial matters. Mayor Fyle requested that the City Administrator draft a policy for Council review of letters to the editor regarding controversial topics and return to Council for consideration. Councilmember Stumpf stated that he felt it would be a misuse of the Council's authority to review letters written by staff and that he would be opposed to such a policy. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO ADOPT A POLICY OF NON- INVOLVEMENT IN LETTERS WRITTEN BY CITY STAFF AND THAT THE CITY ADMINISTRATOR WAS NOT REQUIRED TO DRAFT A POLICY REGARDING COUNCIL REVIEW OF CONTROVERSIAL. LETTERS. Voting in favor: Shirley Anderson, Tom Perrault, Brian Stumpf. Opposed: Clint Herbst, Brad Fyle. Motion passed. City Administrator Rick Wolfatellor reported that the City recently received a letter from Monticello Township officials alleging that a drainage problem existing along Gillard Avenue near 96th Street was not eliminated as part of the City's Gillard Avenue/Meadow Oak storm sewer project, and Mayor Fyle requested that it be investigated. Page 2 a Council Minutes - 6/10/96 City Engineer Bret Weiss reported that a storm sewer stub was proposed initially that would have directly benefited Township property and would have eliminated the drainage problem at this intersection; however, when the Council was informed that Monticello Township officials would not pay for any additional wst to cover storm sewer improvements and would only reimburse the City for half the cost of a 2 -inch overlay along Gillard, the storm sewer connection was eliminated from the project. Weiss noted that he explained to Township Chair Franklin Dern that if the Township installed a culvert in the area of Gillard and 95th Street, the storm water would be directed over Gene Bauer's property and would eventually end up in the City's culvert. It was the view of the City Engineer that if the culvert was installed, the Township should pay an assessment for the amount of acreage served by the culvert at $1,551 per acre in accordance with the approved assessment roll. After discussing the issue with the Township Board, Dern reported back to the City Engineer that the Board was not in favor of paying an assessment. After discussion, it was the consensus of Council to direct the City Engineer to send a letter to Monticello Township officials stating that the City does not recommend installation of a culvert at the intersection of Gillard Avenue and 95th Street unless either the Township officials or benefiting property owners pay for the cost of the benefit. Consensus included sending a copy of the letter to Wright County. City Administrator Rick Wolfateller reported that on April 22, the Council discussed whether allowing Presbyterian Homes to purchase individual free-standing air cleaner units as needed on a complaint basis would be in compliance with the original conditional use permit, which required that an air filtration system be developed to central possible offensive odors from the adjacent wastewater treatment plant. Council voted to deny acceptance of a staged odor control plan based on the finding that it was not consistent with the original conditional use permit requirement; howover, Presbyterian Homes requested to again be on the Council agenda to discuss their rationale for purchasing only two air cleaning units at this time, Page 3 9 Council Minutes - 6/10/96 Paul Setman of Presbyterian Homes stated that, even though they had originally objected to a second bank of filters due to the added cost of $10,000, all fresh air entering Mississippi Shores was being filtered. Portable air cleaning units were suggested and researched; however, they were found to have questionable effectiveness. Setman noted that a second bank of filters has now been installed which addresses many of the temporary filter issues. Al Larson noted that all but one apartment was now occupied in the apartment complex and that he was unable to find anyone in the building who wanted one of the free-standing air cleaners. Mayor Fyle noted that the City was concerned about the complex being built next the wastewater treatment plant, which was why the conditional use permit included the requirement of a thorough air filtration system. It was his view that the free-standing units should be purchased to satisfy that requirement. Councilmember Stumpf pointed out that a notice had been sent to each occupant of Mississippi Shores stating that Presbyterian Homes was responsible for any odor problems in the apartments, which lessened his previous opposition to the proposal of purchasing only two free- standing air cleaners. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO ACCEPT PRESBYTERIAN HOMES' PHASED -IN PROPOSAL OF PURCHASING TWO FREE- STANDING AIR CLEANING UNITS IMMEDIATELY, WITH ADDITIONAL UNITS TO BE PURCHASED ON A COMPLAINT BASIS AS NEEDED. NO DEPOSIT FOR THE COST OF THE UNITS WAS REQUIRED. Voting in favor: Brian Stumpf, Shirley Anderson, Clint Herbst, Tom Perrault. Opposed: Brad Fyle. Motion passed. Citin None. Counalmember Perrault requested that items BE and 6J be removed ftrom the consent agenda for discussion. A. Canaideration of npa; ndnQ n HRA Cnininiggionor, Recommendation: Approvo tho appointment of Steve Andrews to the HRA. Page 4 D Council Minutes - 6/10/96 B. rn aid ration of apMjntm n . to vacanry on Polios Commission, Recommendation: Approve the appointment of Bridget Baldwin to the Police Advisory Commission. C. Ce aid ration of ting annual gpprov 1 for municipal licenses. Recommendation Approve the following licenses effective July 1, 1996: In mrica ing1jrn±or. Cin -sale (fee $3,760) 1. Monticello Liquor, Inc. 2. Silver Fox 3. Joyner Lanes 4. Robert Eidsvold DBA Comfort Inn b. J.P.'s Anne: 6. Hawks Sports Bar Into ucatinng1 j4gnr, On-aalo. Sunda (fee $200–set by statute) 1. Monticello Liquor, Inc. 2. Silver Fox 3. Joyner Lanes 4. VFW Club 6. American Legion Club 6. J.P.'s Anne: 7. Hawks Sports Bar NonNon-intoxicating Malt On -ante (fee $275) 1. Rod and Gun (Steak Fry only) 2. Pizza Factory 3. Country Club Non.'nt�^nom—bn811�a1ta �9 g.le (fee $75) 1. Monticello Liquor 2. Maus Foods 3. River Terrace 4. Tom Thumb B. Holiday Stationstore 6. SuperAmerica Pegs 5 Council Minutes - 6/10/96 Cat -n .icense (fee $275) Country Club Rod and Gun (steak fry only) rl ,h Lirpmps (fee. -set by statute based on membership) VFW - $500 American Legion - $500 D. Cnnaideration of skmepting hid for loom -f&cLSwjnAu. Recommendation: Authorize painting of the fascia boards and accept the low bid from Northstar Painting in the amount of $1,155. E. Conaideratinn of ne itinn for e: a ainn of water air the Bon h m Manufact,+rine famlity on FaRt Co .nU Rend 75. Removed from the consent agenda for discussion. :I ronaideratien of approval of n nreliminaN repint nfthp Mnnticello-Bio I IkP Hnanijal District and MWdRAigWi Rhareg pmgca App i n . Mnnticello-Big La&e Hospital. Recommendation: Approve the preliminary plat of the Montioello-Big Lake Community Hospital District Campus contingent on the following conditions: Utility easements along lot perimeters must be provided as required by code. The lot lines along the perimeter of the plat must be bordered by a 12-R utility easement; interior lot lines must be bordered by 6-R easements on both sides. The final plat must incorporate any additional roadway dedication and/or utility easements found necessary by the City Engineer and public works department. Final plat approval is contingent on vacation of city right- of-way where necessary. Hnhn .o ration. Recommendation: Adopt the zoning ordinance amendment allowing ground floor elevations to be placed less than 1 R above the street elevation when positive drainage is achieved. Motion is based on the finding that the present requirement does not account Page 6 O Council Minutes - 6/10/96 for cdreumstanoes where adequate drainage can be achieved via side or rear yard storm sewer facilities. SEE ORDINANCE AMENDMENT NO. 279. H. Cnnaid ra ion of n ordinanrt+aman_dmant w i h we ild liminatarurh eonatniiction Mgtji em n n where curbing would he impacted h� planned parking lot em nm� ApplicanLL Monticello Plannina Cn mission. Recommendation: Adopt the zoning ordinance amendment to permit temporary waiver of the concrete curbing requirement for industrial properties by administrative approval based on the finding that the proposed amendment is consistent with the comprehensive plan. SEE ORDINANCE AMENDMENT N0.280. Co aid ratios of n o inanne m n m nt hat would allow one a orage shed per arP identinl property in ad ition to an accegaaW b iil ing Anolieant. Monticello Planning .o MUi ion. Recommendation: Adopt the zoning ordinance amendment to permit a small second detached accessory structure on conforming single family lots without a conditional use permit based on the finding that the proposed amendment is consistent with the comprehensive plan. SEE ORDINANCE AMENDMENT NO. 281. Conoid ratinnof alinwing native$MAsyan:ngennanortionoiarear )zard Applicant Soh Grabinaki, Removed from the consent agenda for discussion. 1{, Co sideration of annoin m nt to yRrAnCy on Lbraagv Boead, Recommendation: Approve the appointment of Jeanette Lukowski to fill the unexpired term on the Library Board. A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO ADOPT ITEMS SA, bB, 6C, 61), BF, BG, 5H, 51, AND BK AS RECOMMENDED. Motion carried unanimously. ITEMS REMOVED FROM CONSENT AGENDA FOR DISCUSSION: 6E. Cnnaidora"nn of FLstion fbr nxtewtinn of wn nr main to thp Bon bun Mnmifnctairin}fsty on Fngt rnunty Road 78. Councilmember Perrault noted his concern regarding other businesses that may be impacted by Bondhus Manufacturing's request for- extension ore:tension of water main. Pago 7 9 Council Minutes - 6/10/86 City Engineer Bret Weiss reported that the most likely place to extend service to the facility located on the south side of County Road 75 East would be on the east side of the east entrance to Hart Boulevard in front of the property recently purchased from Floyd Kruse. He noted that no other businesses would be impacted by the water main extension. The estimated cost of the feasibility study for the project was $500. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO ORDER THE FEASIBILITY STUDY FROM WSB AT AN ESTIMATED COST OF $600, TO BE FORWARDED TO THE BONDHUS CORPORATION AND REVIEWED AT THE NEXT COUNCIL MEETING. Motion carried unanimously. 5J. rnnaideration of allowing native as plantings on a portion of a rear yard- A i an t Bob ,r hinaL. Assistant Administrator O'Neill reported that Bob Grabinski requested permission to blend prairie grass plantings into his rear yard landscaping plan. The prairie grasses would be located in a drainage Swale and would be introduced to the county ditch recently graded in conjunction with the Oak Ridge project. O'Neill noted that the prairie grasses would border only one single family lot, whose owner has indicated support for the request. The remaining property abutting the proposed prairie grass plantings consisted of a county ditch and a semi -agricultural open area. Councilmember Perrault noted his concern that prairie grass plantings would become a pattern in the city, which in his view would be a distraction. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE NATIVE GRASS PLANTINGS ON A PORTION OF THE REAR YARD OF LOT 1, BLOCK 7, OAK RIDGE SUBDIVISION, AS REQUESTED, DUE TO THE FACT THAT THE NATIVE GRASS PLANTING WOULD BORDER ONLY ONE DEVELOPED HOMESITE AND WOULD BE ADJACENT TO A COUNTY RIGHT-OF-WAY DITCH AND SEMI -AGRICULTURAL OPEN AREA. Motion carried unanimously. Page 8 9 Council Minutes - 6/10/96 Assistant Administrator O'Neill reported that recently a conditional use permit was granted to Dan and Linda Mielke to allow a quick lube facility in a B-3 zone. Mielkes are now requesting an amendment to the conditional use permit to also allow a car wash in a B•3 zone. ONeill noted that the Planning Commission reviewed the request and focused their discussion on two issues. The first issue was the curb cut onto the frontage road, which was proposed to be 65 ft. This curb cut would be 40 ft greater than allowed by ordinance for access to a public street. It was the view of the Planning Commission that because the curb cut would access a private drive leading to the Subway Shop, traffic conflicts would be minimal. The second issue discussed by the Planning Commission concerned the accumulation of ice on the frontage road as cars exit the car wash; however, it was the view of the Planning Commission that the small amount of ice accumulation wasn't sufficient reason to deny the conditional use. Therefore, the Planning Commission recommended approval of the conditional use permit. O'Neill also reported that since the Planning Commission meeting, he visited a car wash in Maple Grove similar to the one proposed by Mielkes and found that water did trail off vehicles for a distance of at least 60 ft from the point of car wash exit; however, the car wash manager informed O Neill that the problem is manageable with the application of salt. O'Neill suggested that approval of the conditional use permit include a condition that there must be adequate maintenance of the service road. City Engineer Bret Weise noted his concern about the placement of the car wash on the site. He noted that both options 2 and 3 for the expansion of Highway 26 would change the location of the service drive and would have some impact on the stacking of cars. Dan Mielke reviewed his site plan for the car wash anal noted that they are aware that an option for the Highway 26/Chelsea Road project hasn't been selected. He noted that they have reviewed every possible scenerio and have addressed all access points. Planning Commission Chair Dick Frio noted that the Planning Commission was also concerned about safety in the area of the car wash and suggested that signage be required at the car wash exit to watch for through traffic. Page 9 D Council Minutes - 6/10/98 AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW A CAR WASH IN A B -S TONE WITH THE FOLLOWING CONDITIONS: 1. AN OFF-STREET LOADING SPACE IS PROVIDED AND SPECIFICALLY IDENTIFIED UPON THE SUBMITTED SITE PLAN. 2 ANY LIGHTING (NEW OR EXISTING) USED TO ILLUMINATE THE OFF-STREET PARKING AREA BE HOODED AND DIRECTED TO DEFLECT LIGHT AWAY FROM ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY. 9. ANY NEW SIGNAGE ERECTED UPON THE SUBJECT SITE COMPLY WITH APPLICABLE CITY SIGN REGULATIONS. 4. THE CITY ENGINEER PROVIDE COMMENT AND RECOMMENDATION IN REGARD TO GRADING AND DRAINAGE ISSUES. 8. DIRECTIONAL AND SAFETY SIGNAGE MUST BE ERECTED FOR VEHICLES EXITING THE CAR WASH. 6. ICE ACCUMULATION ON THE FRONTAGE ROAD MUST BE ADEQUATELY MAINTAINED. 7. SITE PERIMETER CURBING MUST BE COMPLETED WHEN THE EXTENSION OF CHELSEA ROAD, FRONTAGE ROADS, AND ALTERNATIVE ACCESS POINTS ARE ESTABLISHED. Motion includes the notation that Dan and Linda Mielke, owners of the proposed Quick lube facility and car wash, have been made aware of the impending Highway 25/Chelsea Road project and the possible impact on their property. Motion is based on the following findings: The proposed project is consistent with the spirit and intent of the Monticello Comprehensive Plan goals and policies and in keeping with the intent of the Zoning Ordinance. The proposed project is consistent with the purpose of the performance standards of the Zoning Ordinance. The proposed project will not have any adverse impacts as outlined in the conditional use permit section of the Zoning Ordinance. Page 10 0 Council Minutes - 6/10/96 4. The proposed project shall provide adequate parking and loading as outlined herein. 5. The proposed project shall not impose any undue burden upon public facilities and services. 6. The proposed project is designed in such a manner to form a desirable and unified environment within its boundaries which will not be detrimental to future land uses in surrounding areas. Architecture and site treatments shall be compatible with adjacent structures and site plana. 7. Site perimeter curbing should be delayed due to impending roadway and access realignments that could affect curb cut locations. 8. The wide access point from the garage openings is allowed due to low traffic volume accessing a low volume private drive. Voting in favor. Shirley Anderson, Clint Herbst, Brad Fyle, Brian Stumpf. Opposed: Tom Perrault. Motion passed. Assistant Administrator O'Ncill reported that Sandra Johnson and Marlin Besler requested a conditional use permit to establish a coffee shop/ delicatessen, including a drive-through window, within a portion of the existing Total Mart gas station/convenience store facility located north of Highway 75 and west of County Road 118. He noted the property is zoned PZM, which lists delicatessens and gas station/convenience stores as conditional uses; however, a drive-through window is not specifically referenced as a permitted use. O'Neill went on to state that the Planning Commission recommended approval of the conditional use permit. It was their view that the primary aspect of the business would be the coffee shop/delicatessen and not the drivo•through window; therefore, they did not categorize it as a fast food facility. Council discussed the vehicle stacking capacity for the drivo•throug1h window and whether parking was sufficient. Marlin Besler noted that the thrive - through area was not counted as parking area; therefore, the facility would meet the required parking with or without the drive-through window. Page I1 9 Council Minutes - 6/10/96 AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW OPERATION OF A COFFEE SHOP AND DELICATESSEN WITHIN A PORTION OF THE TOTAL MART CONVENIENCE GAS FACILITY CONTINGENT UPON THE FOLLOWING CONDITIONS: 1. AN OFF-STREET LOADING SPACE IS PROVIDED AND SPECIFICALLY IDENTIFIED UPON THE SUBMITTED SITE PLAN. 2. ANY LIGHTING (NEW OR EXISTING) USED TO ILLUMINATE THE OFF-STREET PARKING AREA BE HOODED AND DIRECTED TO DEFLECT LIGHT AWAY FROM ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY. 3. ANY NEW SIGNAGE ERECTED UPON THE SUBJECT SITE COMPLY WITH APPLICABLE CITY SIGN REGULATIONS. 4. THE SITE PLAN IS REVISED TO ILLUSTRATE EXTERIOR TRASH HANDLING LOCATIONS. ALL TRASH HANDLING EQUIPMENT SHALL BE SCREENED FROM VIEW OF ADJACENT PROPERTIES. 8. ALL OTHER SITE REQUIREMENTS, INCLUDING LANDSCAPING, ARE MET. Motion carried unanimously. City Administrator Rick Wolf§teller reported that he had recently been contacted by Ed Wern, Master of the Masonic Lodge in Monticello, concerning the Masonic Lodge's proposal to transfer control of the Riverside Cemetery to the City of Monticello. The Masonic Lodge requested that the City take over the entire operation, including recordkeeping, lot sales, mowing and cleanup activities, and all other activities associated with the cemetery. Wolfsteller noted that taking over the operation of the cemetery would require the City to make arrangements with an individual to manage the day -today operations. In addition, at the present time, the public works department would not have sufficient personnel available to maintain the cemetery unless additional personnel were hired or the activities were contracted to private firms. It was the view of Lodge members that there would be sufficient annual income to cover the operational expenses. Page 12 Z Council Minutes - 6110% The wet to maintain the cemetery was estimated at $500 per mowing, which would amount to $5,000 to $6,000 annually; $1,000 for contracting of raking and removing leaves; and $300 per month for bookkeeping, plot recordkeeping, showing and staking lots, etc. Total annual coat to maintain the Riverside Cemetery was estimated at $8,000 to $10,000. Wolfeteller also noted his concern that even though there nsay be sufficient funds from annual sales of plots to cover expenditures, it would be unlikely that any monies would be available for a perpetual care fund of the 22 -acre cemetery. Counalmember Anderson noted her support for the City maintaining the cemetery and suggested that perhaps local organizations could help with the mowing or donate money toward mowing costa. Mayor Fyle stated his concern for the amount of time that would be spent in maintaining the cemetery based on his experience in being the contact person for a small cemetery in the Area. It was his view that it could cost the City more than $300 per month for day -today operations of such a large cemetery. Arve Grimamo noted that many cemeteries are municipally owned and that the Lodge has no other alternative. He also reported that the number of cremations is increasing, which could result in additional spaces that could be sold to help support maintenance of the cemetery. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TD CONTINUE INVESTIGATING THE FEASIBILITY OF TAKING OVER CONTROL OF THE RIVERSIDE CEMETERY; STAFF WAS AUTHORIZED TO RESEARCH COSTS AND RETURN TO COUNCIL WITH A PROPOSAL FOR CONTRACT SERVICES. Voting in favor: Shirley Anderson, Clint Herbst, Tom Perrault, Brian Stumpf. Opposed: Brad Fyle. Motion passed. Public Works Director John Simola reported that tho Monticello Community Partners requested that the City consider repainting the old water tower using at least two colors and the City's "M" logo. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SH IRLEY ANDERSON TO AUTHORIZE STAFF TO ADVERTISE FOR BIDS FOR PAINTING OF THE OLD WATER TOWER BASED UPON SPECIFICATIONS THAT CALL FOR A TWO-COLOR SYSTEM AND THE MONTICELLO CITY LOGO, WITH BIDS RETURNABLE JULY 8 AND REVIEWED BYCOUNC1LON JULY 8. Motion carried unanimously. Page 13 0 Council Minutes - 6/10/96 Assistant Administrator ONeill reported that the Planning Commission requested a 45 -day moratorium on construction of accessory buildings when an attached garage is present to allow the Commission to research the need to control the size and location of accessory buildings. The concern was that the current code may be too liberal in allowing a 1,000 sq R acoessory building on &2 lots, which could be as small as 6,000 aq R. Mayor Fyle noted that large garages on 6,000 sq R two-family lots would not be desirable, but he did not want to discourage other residents from building garages for storage of materials. It was suggested that a moratorium be placed on lots under 10,000 sq ft. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO ADOPT A 45 -DAY MORATORIUM ON CONSTRUCTION OF ACCESSORY BUILDINGS ON LOTS LESS THAN 10,000 SQ FT. Motion is based on the finding that time is needed to allow the Planning Commission to develop understandable regulations governing acoessory buildings. Motion carried unanimously. SEE RESOLUTION 96.27. SEE ORDINANCE AMENDMENT NO. 282. There being no further business, the meeting was adjourned. Karen Doty Office Manager Pap 14 (2) Council Agenda - 6/24/96 ,1:: . F-TT71 .1 , , At the Council meeting on Monday, Bret Weiss will be presenting the feasibility study for the extension of water main to the Bondbus manufacturing facility on East Broadway/County Road 75. You are asked to consider accepting the study and to consider authorizing the next step in the public improvement process which is to authorize preparation of plans and specifications. Motion to adopt resolution accepting feasibility study and authorizing preparation of plane and specifications. Motion is contingent on Bondhus providing a deposit in an amount equal to the coat of preparation of plans and specifications. Motion to deny adoption of resolution accepting feasibility study and authorizing preparation of plans and specifications. r STAFF O F.NDATION: It is the recommendation of the Assistant City Administrator to select alternative 1. n. SUPPORTING DATA: Feasibility study and resolution to be presented at meeting. - BA Mmdua P.E 350 Westwood Lake Office B -A. T6,6 P.E MSA8 Rnn 84 Wayzata Boulevard P— R riny P.E. Minneapolls, MN 55426 Donald W. W S -n. P.E ild B. Bre, P.E. 612.541.4800 &Associates, Inc. FAX 541-1700 Memorandum To: Honorable Mayor and City Council Members )/ City of Monticello From: Bret A. Weiss, P.E., City Engineer Date: June 24, 1996 Re: Feasibility Report Bondhus Watermain Extension City of Monticello Project No. 96-07C WSB Project No. 1035.00 At the June 10, 1996 Monticello Council Mceting, a feasibility repert and estimate of cost for the above -referenced project was ordered to be prepared. A description of the project and associated estimate of costs are as follows: Type of Work/Description of Project: Bondhus Corporation's manufacturing headquarters located on CSAH 75 at the intersection with Hart Boulevard is planning an expansion of their facility in the near fittum. As a part of that expansion, they are proposing to connect to the City of Monticello municipal water system. Accordingly, this project addresses the extension of watermain access to their site. Scope: The existing watermain in the area consists of a six-inch (6") cast iron pipe located north of CSAH 75 iti the north shoulder of Hart Boulevard. This watermain is dead -ended at Hatt Boulevard and does not loop in any other directions. This project would involve connecting to the existing six-inch (6") stub, auguring an eight - inch (8") watermain under CSAR 75 to the Bondhus property and installing a fire hydrant. The watermain would be augured in a 204ch (20") steel casing pipe under CSAH 75. Some minor restoration of the City's bike trail would be included, along with patching of the Bondhus driveway. This line is not anticipated to be extended in the tbture, but it is the City's plan to loop the six-inch (6") line located north of CSAR 75 easterly to CR 118/CSAH 39. lnfrarrrurtum-J3nginem -Planner Honorable Mayor and Ciry Council Members City of Monticello June 14, 1996 Page 2 • Feasibility and Recommendation: From an engineering standpoint, the project is feasible and can be constructed as proposed. There is no other location to extend water service to this property and it is not anticipated that any looping is necessary at this time to serve the property. It is the recommendation of WSB 8t Associates, Inc. that the City undertake a construction project as outlined herein. • Estimated Costs: Detailed cost estimates an attached to this report. The following estimated project cost includes a contingency factor and all related indirect costs. Indirect costs for utility reconstruction are estimated at 28% and include legal, engineering, administrative and fiscal costs. A summary of these costs are as follows: Watermain: $27,600 This report does not address connection charges and trunk water charges that will be levied as a part of the building permit application. The City is currently charging 5625 per acre for trunk watetmain costs to the benefitted area. Right-of-WaylEasements/Permlts. It is anticipated that all work will be completed in County and City right-of-way or easements provided by Bondhus Corporation. A Department of Health permit and Wright Cowry Utility permit will be necessary prior to completion of construction activities. IN need for temporary easements will be evaluated during the design process. • Assessments: This project is intended to be assessed fully to the benefitted property, Bondhus Corporation. There are no benefits to other property owners or to the City. • Project Schedule: The project schedule will be determined upon authorization of design activities in accordance with the requirements of the property owner. Attachments: Estimate of Costs Figure 1 r'WPW WXW^rW t 1 Bondhus Watennain Extension City of Monticello Project No. W -07C WSS Project No. 1035.00 Bondhtm Watemtatn Item Quantity Unit Coat j Unit Total 8' D.I.P. CL. 52 - Watennain I 140 $20.00 LF $2.800.00 6' D.I.P. CL. 52 - Wata nain 10 I $15.00 j LF I $150.00 20' Steel Casing Pipe - Jacked 70 $175.00 LF $12,250.00 Hydrant ( 1 $1,500.00 EA $1,500.00 B' Gate Valve & BoxI 1 I $550.00 EA 5550.00 8" Gate Valve & Box 1 $700.00 EA $700.00 Ij Fittings I 500 $1.00 LBS $500.00 Pathway Removal & Recon. 180 $3.00 j SF 5480.00 Driveway Removal & Replacement I 100 $3.00 SF $300.00 Seeding I 1 5400.00 ; LS $400.00 Subtotal $18.030.00 10%Contingency $1,980.00 Suttotaf ! $21.000.00 28% Indirect Cents ; $0.000.00 Total Protect Cost {27800.00 N 70'—"20- CASING PIPE HYDRANT Bomdhus Corp. Watermain Extension Monticello. Minnesota womp"WrA Figure No. 1 NOT TO SCALE /y CONNECT'V XISTING 8" GATE V! PARKING LOT N 70'—"20- CASING PIPE HYDRANT Bomdhus Corp. Watermain Extension Monticello. Minnesota womp"WrA Figure No. 1 Council Agenda - 6/24/96 SA. Conaideration of amegWng bide and awarding contract for brick rensk at City Hail ($.M.) At a meeting of the Council on May 28, 1996, it was approved to advertise for bide for brick repair/replacement at city hall. We received five bids ranging from a high bid of $33,412 to a low bid of $19,545. The low bidder was A.J. Spanjers Co., Inc., of Minneapolis, Minnesota. As you may recall, the budgeted amounts for this project for the past three years are as follows: YEAR AMQLI],1T 1994 $10,000 1995 $10,000 1996 $19,750 Therefore, awarding the contract to A.J. Spaniers Co., Inc, would be within our budget. 1. The first alternative would be to award the contract to A.J. Spanjers Co., Inc., of Minneapolis to do the brick repair/replacement and appurtenant work at Monticello City Hall at a cost of $19,545. 2. The second alternative would be to reject all bids and do nothing at this time. Q STAFF F AMM .NDATION: It is the recommendation of the City Administrator and Street & Parks Superintendent that the City Council award the contract for brick repair/replacement and appurtenant work at Monticello City Hall to A.J. Spanjers Co., Inc. as outlined in alternative 41. Copy of bid tabulation. Jp Mp C %oFFCE%9*6fWtCK= TAB G 00 J J EXTENSION OF BIDS MONTIC6LLo Brick RepaMRapkcwne t June 20,1996 And Appurtenant Work 10:30 am. At Moallw0o City Nag For The City of MonUcego, Mkmesou LOW BIDDER 2MSIDDER 3RD BIDDER 4TH BIDDER A.J. Spen)en Co, hw Sumba 6p clay Contr. Kosbebe Tuckpohrthp Co. Kan TuckpoMm Co.. bw 0257 Wed RMer Road 19805 -172nd Street 10148.4401h Street P.O. Box 417 Mlnnsapols, MN 65044 BIO L t MN 55709 NoldnptmQ MN 68340 Vinton. U 42349 Phone #(812) 424-0288 Phone 4(812) 263.2312 Pion 0 Phone #(800)559-0017 REM DESCRIPTION UNIT tWf PRICE SUBTOTAL UNIT PRIG[ SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL 1, 700Brick FumhhedOnd BRICK 617,00 611,900.00 $20,00 $14,000.00 $9.64 68,760.00 190.00 121,000.00 Inetale 1, Including Ren" end Dhpoed of Oil Brick 2. Deduct Per Brick not BRICK 15,DD .......... 15.00 .......... 3.00 .......... 6.00 .......... MUM on Item 01 (I= than 700) 3. Add for Each Brick lieteled ICK 20.00 ......... 15.00 .......... 6.25 .......... 6.00 .......... 4. Clan Exk4lnp Burten ol LUMP 2,900.00 2,900.00 2,087.00 2,057.00 8,278.00 8.27500 2,450.00 2,450.00 AB E"Ior Belch and Mohr SUM JokMe a Specified 5. Seal Surteoe of All Edrbr LUMP 2,000.00 2.000.00 2.057.00 $007.00 5,895.00 6,89500 7,640.00 3,840.00 Brick and Mort Joft a Speelbd SUM 6. RemoM and Replay Caulk LUMP 2,745.00 2,745.00 2,21700 2,217.00 1,876.0 1,876.00 3,220.00 3,220.00 Joint Materiel o Splow SUM r w BID AMOUNT TOTAL $19,545.00 $20351.00 823795.0x1 130 310.00 Jp Mp C %oFFCE%9*6fWtCK= TAB G 00 vl C�Ma elya WaI�' SI -'1 NIA 8TH BU 8TH BIDDER ;,TH BIDDER MadMhwsoraTowae Co 4900 Cedar Lake Road WA Mlnnsap^ MN 55118 Phone #(812) 377-OOW REM DESCRIPTION WIT UNIT PRICE SUBTOTAL 1. 700 Brick FurrdWad and BRICK $24.84 $17,217.00 metaled, hdu ft Removal aryl Obpceel of Old Brick 2. DeWet per Brick not BRICK 18.05 .......... Iralad on Item 91 (Lea loan 700) 3. Add for Eaen Brk* N4I W BRICK 2210 .......... 4. Clean E*th Surhee of LUMP 8,924.00 8,924.0 N E)derbr Brick and Mortar SUM Jofrta as Spedted 5. Sal Surface of N EAG ft LUMP 5,218.00 5,218.00 Oft and Mortar Janke a SpecBbd SUM 0. Remove and Repba CvA LUMP 4,025.00 4,025.00 JoNt Mahal a SpedlMd SUM BID AMOUNT TOTAL $33 412.0 vl C�Ma elya WaI�' SI -'1 NIA 8TH BU Council Agenda - 6/24/98 5B. Considpration of resolution pInImingigll 1- 1998 ga Women of Today Founder's Day in Monticello. (R.W., C.S.) A RFFERRNCR AND RA .K ,RO DM: Mayor and City Council are asked to consider proclaiming July 1, 1996, as Women of Today Founders Day in the city of Monticello. This proclamation would recognize the efforts of the Monticello Women of Today in providing community service, education, and training to citizens of Monticello. Some of the community projects that the Monticello Women of Today participate in are Back to School Packages (school supplies for needy students), CPR Lifesavers (CPR training for $5), DARE Graduation (refreshments), Community Toys for Tots (Christmas gigs for needy children), Monticello Riverfest, and the Monticello Pathway Grand Opening. Monticello Women of Today also assist with projects in programming areas such as March of Dimes (WalkAmerica) and People with Developmental Challenges (boathouse at Camp Friendship in Annandale). R ALTERNATIVE ACTIONS: e 1. Adopt resolution proclaiming July 1, 1996, as Women of Today Founder's Day in Monticello. C! STAFF RECOMMENDATION: I am not aware of any reason why Council would not adopt the resolution supporting the local chapter of Women of Today. n_ Sl IPPORTINC DATA Copy of resolution. RESOLUTION 98. PROCLAMATION WOMEN OF TODAY FOUNDER'S DAY WHEREAS, the Minnesota Women of Today was founded on July 1, 1984; and WHEREAS, the Minnesota Women of Today is an organization of over 2400 members in over 150 communities; and WHEREAS, the Mmnesota Women of Today and the Montioello Women of Today have set aside July 1 to recognize the many community activities of dedicated Women of Today members across the state; and WHEREAS, the Minnesota Women of Today and the Monticello Women of Today are dedicated to actively promoting public awareness and service program in the areas of People with Developmental Challenges, Kidney Disease, Marek of Dimes, and Lupus Foundation; as well as conducting prgjects benefitting our local community such as Back to School Packages, CPR Lifesavers, Monticello Riverfest, DARE Graduation, and many others; and WHEREAS, the Minnesota Women of Today and the Monticello Women of Today provide personal enrichment and leadership training for members of our community; and WHEREAS, the Women of Today believe that "through us great lessons can be learned, worthy deeds performed, and a hand of fellowship extended to millions of women everywhere" as stated in our creed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: that July 1, 1998, is recognized as Women of Today Founder's Day in the city of Monticello. Adopted by the Council this 24th day of June, 1998. Mayor City Administrator 58A Council Agenda - 6/24/96 SC. ConBideration of accent ng bid forZwinting at fire for QtIzente hysilding. (R.W.) A RF.FFRF.N .. ND SA c:RO TNiI: Senior Center Director Pam Loidolt recently brought to our attention that the Senior Citizens' building was in need of exterior painting. The last time the building was repainted was through volunteer help supplied by Marquette Bank as one of their community projects. Since it is the city's building, and according to our agreement with the Senior Citizens' Center, it is our responsibility to maintain the exterior of the building and make repairs to the structure, other than normal operation and maintenance items. In order to accomplish the painting in a timely manner, we asked Pam to obtain quotations from 2 contractors and a quote was received from Northatar Painting and from Greg Cloutier. The quotes ranged from $1,800 (Northstar Painting) to $2,600 (Greg Cloutier). As you may remember, we recently authorized Northatar Painting to do the fascia and trim at the Liquor Store, which they will be starting next week. S_ ALTFRNATIVE ACTIONS: 1. Accept the low bid from Northstar Painting in the amount of $1,800 for the work as specified. 2. Do not authorize the painting at this time. C 4T FF RFr0MMRNDATION: It is recommended that the low bid from Northstar Painting in the amount of $1,800 be accepted. Although we did not have specific funding in our budget for this painting, it appears to be an appropriate time to have the repainting done, and I could simply add this amount to the 1997 budget to cover expenditure. Copy of 2 proposals. Ed CLMMR • POP'S PAINT Co. GREG CLOUTIER @8 i.I66Tn ST, BIt; LAKE. MN 55309 POP'S PAINT CO. PNONI QR :41 612.2616409 23231.166TH ST. �5 SAT IN V 4 i:' SS *472464875 BIG LAKE. MN $5309 UCW'F S'• .:!4.288-014-384 612.263.8408 6-17-96 To:Monticello Public Works Contact Person: Pam -295-2000 Job: Monticello Senior Center- Repaint Location: 107- Cedar St., Monticello,Mn.55362 Description: Scrape ,grind. sand, patch, caulk( about 40 tubes),prime, and finish coat all concrete block,sofit & Facia, doors & frames. Recomended paints: Block- Thorolastic Wood- Latex prime with an oil finish industrial steel- Gloss oil industrial caulk- lifetime siliconed-latex-paintable Total amount:32,600.00 Alternate: prime as needed the sign & finish coat -3500.00 PROPOSAL sc-A NORTHSTAR PAINTING SUBMITTED TO. GREG BRADBURY CITY OF MONTICELLO 68 HONEYSUCKLE LANE SENIOR CITIZEN CENTER A.NNANDALE, MINNESOTA 55302 MONTICELLO. I N. NORTHSTAR PAINTING PROPOSES TO FURNISH MATERIALS AND PERFORM THE LABOR NECESSARY FOR THE COMPLETION OF PAINTING THE EXTERIOR OF THE SENIOR CrnZEN CENTER IN MONTICELLO. MINNESOTA. WE WILL REMOVE ALL LOOSE PAINT. PAINT ALL WOOD AND BLOCK AREAS ON BUILDING WITH LATEX PAINT AND USE LATEX PRIMER ON BARE WOOD AREAS. APPLICATION WILL BE SPRAYED AND/OR BACK -BRUSHED OR BACK ROLLED A.LL MATERIAL IS GUARANTEED TO BE SPECIFIED AND THE ABOVE WORK BE PERFORMED IN ACCORDANCE WITH THE SPECIFICATIONS SUBMITTED ABOVE. ALL WORK WILL BE COMPLETED IN A WORKMANSHIP MANNER FOR THE SUM OF ONE THOUSAND EIGHT HUNDRED (SI800,00) DOLLARS WITH PAYMENTS TO BE MADE AS FOLLOWS; PAYMENT IS DUE IN FULL UPON COMPLETION OF WORK. ANY ALTERATION OR DEVIATION FROM THE ABOVE SPECIFICATIONS INVOLVING COST WILL BE EXECUTED ONLY UPON WRITTEN ORDER AND WILL BECOME AN EXTRA CHARGE OVER AND ABOVE THE ESTIMATE. ALL AGREEMENTS CONTINGENT UPON ACCIDENTS OR DELAYS BEYOND OUR CONTROL. RESPECTfULLY SUBMITTED, GREG BRADBURY ACCEPTANCE OF PROPOSAL THE ABOVE PRICES. SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED YOU ARE ALTHORIZED TO DO THE WORK AS SPECIFIED SIGNED. DATE; ataft ral D% tdgetaa lo.120 . (O.1Q PUBLIC HEARING Council Agenda - 6/24196 The public hearing may be opened for comments and questions relating to the modification of the Redevelopment Plan for Central Monticello Redevelopment Project (CMRP) No. 1, modification of the budgets of the existing tax increment financing (TIF) districts, and the establishment of TIF District No. 1-20 and the approval of all plans. On May 9, 1996, County Commissioner Pat Sawatzke received notice of the HRA and City's intent to hold a public hearing for the above modifications and approvals. Prior to adoption of a Redevelopment District, the County Board member representing the affected area must to notified at least 30 days prior to publishing the notice of public hearing. On May 20, 1996, the county, school, and hospital taring jurisdictions received copies of the modified plans of the CNW and the plan for TIF District No. 1-20 and notification of the public hearing date. This notification satisfies the Minnesota statutory 30 -day notice requirement. On June 6, 1996, the HRA adopted a resolution modifying and approving the above plans. Previously, on May 13, 1996, the City Council called for the said public hearing. The public hearing notice appeared in the Monticello Times June 13 and 20, 1996, satisfying the Minnesota statutory public hearing notice requirement. On June 24, 1996, the Planning Commission will consider adoption of a resolution finding the Plan for TIF District No. 1.20 consistent with the Monticello Comprehensive Plan. Council Agenda - 6/24/96 EMBIASH 4 ENT OF Tff D19MCT N43.1-20 AND APPROVAL OF ITS PLAN. TIF District No. 1-20, a 25 -year redevelopment district, is being established to assist the redeveloper with costs associated with the redevelopment of a portion of the Prairie West project; namely, costs associated with the Hanawalt and Banyai parcels and the easterly small portion of the city parcel which are the established boundaries of TIF District No. 1.20. The Prairie West Feasibility Analysis projected that, without TIF assistance, the sales return to the redeveloper was 2.1%, nmking the redevelopment project financially unfeasible. Therefore, the redevelopment would not occur solely through private investment within a reasonably foreseeable future satisfying the "but for' test and establishing a fiscal impact on other taxing jurisdictions of "0". TIF District No. 1-20 meets objectives of the Redevelopment Plan of the CMRP as outlined in the TIF Plan, Page XX -1, Subsection 20.3 and the Planning Commission (assumption) determined the TIF Plan to be consistent with the Monticello Comprehensive Plan. The district qualifies as a redevelopment district as outlined in the TIF Plan, Page XX -2, Subsection 20.6, 1. The estimate of public costs are listed on Page XX -3. Remember, this dollar amount is an estimate and allows for flexibility of unseen project costs. Also, this prevents the addition of legal and consultant coats which are incurred each time the plan is modified. The private redevelopment contract between the HRA, City, and Redeveloper established the assisted dollar amount to the Redeveloper. The revenue generated from the construction of 10 single-family housing unite within the TIF District is sufficient to retire the debt service incurred by the HRA. The HRA is gifting the 5% local contribution ($25,000 from non-restrictive funds) as value of the city parcel therebye waiving the city's HACA lose for District No, 1-20. The $25,000 is a portion of the $40,000, the purchase price of the city parcel. Tiro annual estimated captured tax capacity value of $22,727 shown in the TIF Plan is based on the estimated market value of 10 single-family housing units. Receipt of the first tax increment is expected in July 1998. 02 Council Agenda - 6/24196 MODIFICATION OF THE BUDGETS FOR TIT DISTRICTS NOS. 1.1 THROUGH 1-18. The district budgets are being modified in the amount of $2,760,000; this being the expected future tax increment from any existing and future TIF districts. The budget amount can be used for public coats with limitations. The public costs limited to the type of development for assistance and used within the geographic boundaries of which increment may be spent. This is in addition to existing public cost budgets of each TIF district. Again, this allows flexibility and prevents the addition of legal and consultant costs which are incurred with each modification. MODIFICATION OF THE REDEVELOPMENT PLAN FOR CMRP NO. 1. Modification of the Redevelopment Plan includes the intent of the HRA to acquire the 1300 West Broadway and 1304 West Broadway parcels and the easterly portion of the 1310 West Broadway parcel, all located within TIF District No. 1-20. Also, it includes the intent of the HRA to acquire the 111 West Broadway and 1400 West Broadway parcels and the westerly portion of the 1310 West Broadway parcel, all located outside any TIF district but located within the boundaries of the Redevelopment Plan for CMRP No. 1. ADOPTION OF THE RESOLUTION The enclosed resolution for adoption affirms the above information and findings, authorizes city officials to implement the TIF Plan, and allows the option to issue a bond. It is anticipated that Mark Ruff, plan pmparer and consultant, and John Komarek, redeveloper, will be present at the meeting to address Council questions. Upon hearing comments from the general public, the public hearing may be dosed. Counc ilmembers are then requested to consider and take action on the following alternatives. B. ALTERNATIVE ACTIONS: 1. A motion to adopt the resolution modifying the Redevelopment Plan for CMRP No. 1; modifying the budgets of TIF District Nos. 1-1 thmugh 1.18; establishing TIF District No. 1.20; and approving the plan for TIF District No. 1.20 and plans of CMRP No. 1. Q Council Agenda - 6J24W A motion to deny adoption of the said resolution. A motion to table action. C. STAFF RF.COMMF.NDATtON: Stag' recommends alternative No. 1 because the project meets the TIF requirements of Miand is consistent With the objectives of the City and Its comprehensive plan. D. SUPPORTING DATAi Copy of excerpts from the CMRP No. 1 Plan and the TIF Plan for TIF District No. 1.20; Copy of the resolution for adoption. 7 Also described as: Those parts of Lots 2, 3, 4, 10, 11, 12. Block 22 and Block 21 lying southeasterly of the center fine of said Lot 2 extended northeasterly to the shoreline of the Mississippi River and lying northwesterly of the northeasterly extension of the southeasterly line of said Lot 10. Also that pan of Lot 5 of Auditors Subdivision No. One according to the recorded map thereof lying westerly of the southwesterly extension of the southeasterly line of Lot 4. Block 22, LOWER MONTICELLO according to the recorded plat thereof extended southwesterly to the southwest fine of said Lot 5 except that pan lying southeasterly of a line parallel with and 12.5 fat northerly of a line described as follows: Beginning at the intersection of the southwesterly extension of the southeasterly line of Lot 5 of said Block 22 with the southeasterly extension of the southwest line of said Block 22, thence southwesterly at a deflection angle of 132 degrees 46 minutes from the said southeasterly extension of dee southwest line of Block 22, a distance of 139.5 feet more or less to said southwest line of Lot 5 of Auditors Subdivision No. One and said line there terminating. Also that pan of Broadway Street of LOWER MONTICELLO according to the recorded plat thereof lying southeasterly of the southwesterly extension of the center line of Lot 2, Block 22 of said LOWER MONTICELLO and northeasterly of the northwesterly extension of the southwest tine of Lot 5 of the Auditors Subdivision No. One according to the recorded map thereof. (AS MODIFIED JANUARY 22, 1996) The HRA intends to acquire the following parcels as described by address and parcel number. NO milizo in, 1400 West Broadway 155-500-033403 225 Front Street 155-010464010 325 East Broadway 155-015-003060 109 West Broadway 155-010-052131 108 Walnut 155-010-052130 Each of these parcels is currently inside the boundaries of the Central Monticello Redevelopment Project No. 1 but outside of the boundaries of an existing tax increment financing district. However, at a future time one or more of the parcels may be included in a tax increment financing district. The HRA or City may acquire property listed in this subsection of the Redevelopment Plan pursuant to the Housing and Redevelopment Act, including acquisition of real or personal property or any interest therein by gifts, grant, purchase, exchange, lease, transfer, bequest, devise or otherwise, and by the exercise of the power of eminent domain, in the manner provided by Minnesota Statutes, Chapter 117. (AS MODIRED JUNE 20.19%) The HRA Intends to acquire the following parcels as described by address and parcel number. Parcel Number 153410-032071 • Fluth • I I I West Broadway 153.300-034303 • Hanwell • 1300 West Broadway Abp— fW b" Camel M --W 1 hens N. 1 1.16 7R 155-500433401 - Banyai -1304 West Broadway 155.500-033402 - City • 1310 West Broadway 155.500-033400 - City • 1310 West Broadway 155-500433403 - FAurnarek • 1400 West Broadway Each of these parcels is currently Inside the boundaries of the Central Monticello Redevelopment Project No. 1. Parcels Nos 155-500-034305,155-500-033401,155-500.033402 are within the boundaries of Tax Increment Financing District No. 1.20. Parcels Nos. 155.010-052071, 55-500-033400,155-500-033403 are Inside the boundaries of the Central Monticello Redevelopment Project but outside of the boundaries of an existing tax Increment financing district. However, at a future time one or more of the panels may be included In a tax Increment financing district. The HRA or City may acquire property listed In this subsection of the Redevelopment Plan pursuant to the Housing and Redevelopment Act, Including acquisition of real or personal property or any Interest therein by gifts, grant, purchase, exchange, lease, transfer, bequest, devise or otherwise, and by the exercise of the power of eminent domain, In the manner provided by Minnesota Statutes, Chapter 117. Subsection 1.9. Public ImpMvementsand Facilities Within Redevel22=tPMiectNo. 1. Publicly Financed improvements within Redevelopment Project No. 1 to be financed include: I. Land acquisition; and 2. Special assessments. Land acquisition; Site preparation; and Assessments. (As adopted November 29. 1982) (As adopted September 13. 1983) (As modified August 24, 1987) The HRA and Monticello Ford, Inc., Lawrence Flake, President, have executed a purchase agreement for $73,000 for the acquisition of sold property located at 249 West Broadway, Monticello, Minnesota. The HRA paid $500 earnest money and will pay $24,500 on the closing date 7he remaining balance of $50,000 will be on a Contract for Dad at 10 percent interest rue for 4.5 years. The HRA has the right of prepayment privileges, without penalty, on the Can= for Deed payment schedule. ua, .�.■ vets n. a. c..wMo�ama.a,+�■►ga+rb i 1.17 7d existing and future tax increment financing district may be used to pay for public costs. This budget is in addition to existing public cost budgets for each tax increment financing district. Interest on any bonds or other obligations incurred ate also to be paid from increment in addition to the lire items listed in the budgetabove. (AS MODQ7ED JUNE 24,1996) The budgets for the estimated public costs for Tax Increment Financing Districts Nos. 1.1,1-2,1-3, 14, 1.5, 1.6, 1.7, 141, 1.9,1.10, 1.11, 1.12,11-139 1-14, 1.15, 1.16,1-17,1-19, and 1-19 aro hereby modified as follows: For various activities In the Redevelopment Project the current expected costs include: Land Acquisition $900,000.00 Site Preparation 400,000.00 DensolitlooliteMmUon 300,000.00 Public Improvements 900.000.00 Subtotal 5215001000.00 Administration Total Subject to restrictions as applicable to each Individual tax Increment flnandag district pursuant to Minnesota Statutes, Section 469.174 to 469.176 (including limitations as to the type of development that may be assisted and geographic boundaries within which Increment may be spent), tax Increment from any existing and future tax Increment flnancing distril t may be used to pay for public costs. This budget is to addition to existing public cost budgets for each tax Increment financing district. Interest on any bonds or other obligations Incurred are also to be paid from lacrement In addition to the line Items listed In the budget above. JA&Increment FI (As adopted June 24,1996) Public Improvements, Site Improvements Demolition and Land Acquisition $200,000 1055 City or HRA Administration 20.000 TOTAL $220,000 Subsection 1.11. I.nnd Use. All new and/or existing development on land identitkd on Exhibits 1•C through 1-P as 'property to be acquired' or 'possible acquisition' will be subject to the following uses and requirements: Uses Permitted in Designated Areas. a. Indus is —All permitted, accessory and conditional uses as specified in Chapters 13 and ren m a. c'WW Mro A. RWn b*_ rmw w 1 1.33 7G the Redevelopment Plan is hereby modified to reflect increased Project costs and enlarged geographic area, as given in Subsection 1.10 of the Modified Redevelopment Plan for Redevelopment Project No. 1. (As modified February 27,1995) 15. Pursuant to the adoption of the Modified Redeveloprtunt Plan for Redevelopment Project No. 1, the Redevelopment Plan is hereby modified to reflect increased Project costs, as given in Subsection 1.10 of the Modified Redevelopment Plan for Redevelopment Project No. 1. (As modified January 22.1996) 16. Pursuant to the adoption of the Modified Redeveloprrent Plan for Redevelopment Project No. I, the Redevelopment Plan is hereby modified to reflect increased Project costs, as given in Subsection 1.10 of the Modified Redevelopment Plan for Redevelopment Project No. 1. (As modified June 74,1996) 17. Pursuant to the adoption of the Modified Redevelopment Plan for Redevelopment Project No. 1, the Redevelopment Plan Is hereby modified to reflect increased Project costa, as glven in Subsection 1.10 of the Modified Redevelopment Plan for Redevelopment Project No. 1. eee,.r. rr a. p. lmw M.U*ft b/ -bp, wor,. w 1 1.39 W SECTION Il MOD/FICA77ONS TO THE TAX INCREMENT PLANS WITHIN THE CENTRAL MONTlCEU O REDEVELOPMENT PROJECT DATE OF MODIFICATION: JUNE 24, 1996 MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1-1, 1-2, I-3, 1 4, I-5.16, 1.7, I-8, I-9, I -I0, 1-11, 1-12, 1.13. 1-I4, 1-I3, 1-16, 1-17, 1-18 and 1-19: Section 2.12 of the Tax Increment Financing Plan for Tac Increment Financing District No. I, Section 3.12 of the Tax Increment Financing Plan for Tax Increment Financing District No. 2, Section 4.12 of the Tax Increment Financing Plan for Tax hcrement Financing District No. 3. Section 5.12 of the Tax Increment Financing Plan for Tax Increment Financing District No. 4, Section 6.12 of the Tax Increment Financing Plan for Tax Increment Financing District No. 3, Section 7.12 of the Tax Increment Financing Plan for Tax hcremcnt Financing District No. 6. Section 8.12 of the Tax Increment Financing Plan for Tax h==nt Financing District No. 1, Section 9.14 of the Tax Increment Financing Plan for Tax Increment Financing District No, B. Section 10.17 of the Tax Increment Financing Plan for Tax Itaement Financing District No. 9, Section 11.17 of the Tax hcrement Financing Plan for Tax Increment Financing District No. 10, Section 12.17 of the Tax Ircminent Financing Plan for Tax Increment Financing District No. 11. Section 13.17 of the Tax Increment Financing Plan for Tax Increment Financing District No. 12, Section 14.17 of the Tax Increment Financing Plan for Tax Increment Financing District No. 13, Section 15.17 of the Tax Increment Financing Plan for Tax Increment Financing District No. 14, Section 16.17 of the Tax Increment Financing Plan for Tax Increment Financing District No. 15, Section 17.17 of the Tax Increment Financing Plan for Tax Increment Financing District No. 16, Section 18.17 of the Tax Increment Financing Plan for Tax Increment Financing District No. 17, Section 19.17 of the Tax Increment Financing Plan for Tax Increment Financing District No. 18, and Section 20.17 of the Tax Increment Financing Plan for Tax Incremcnt Financing District No. 19, ane hereby amended to included the following reference: (AS AMENDED JUNE 24. 1996) Estimated Amount of Bonded Indebtedness: An estimated total unamt of bonded indebtedness for all tax increment financing districts is oxpmted to be increased by no mora than $2.500.000 in original principal amount plus interest ensu. The bonded Indebtedness may take the forte of a general obliption tax increment bond, limited revenue now or other obligation of the HRA and/or City. hroW K'A WS TO M1 TAX ACxrM&I' MA" 117MIN rNl awnuL ua+mErt0 ermtt opxiva Ixo/LPf 61 lo!5' SECTION XX PROPOSED TAX INCREdfENT PLAN FOR THE TAX INCREMENT FINANCING DISTRICT NO. 1.20 Subsection 20.1. Forward The City of Monticello ("City") and the Monticello Housing and Redevelopment Authority ("HRA"), staff and consultants have prepared the following information to expedite and create Tax Increment Financing District No. 1.20 ( "District 1.20") in the Central Monticello Redevelopment Project No. I. Subsection 20.2. Statutory Authority Within the City, there exist amens where public involvement is necessary to cause development or redevelopment to occur. To this end, the City and the HRA have certain statutory powers pursuant to Minnesota Statutes Sections 469.174 to 469.179, inclusive, as amended, (the 'IV Act") and Minnesota Statutes Sections 469.001 to 469.047, inclusive, as untended ('the HRA An") to assist in financing eligible activities related to these development needs. This Section comabn the Tax Increment Financing Plan for District No. 1.20. Other relevant information is contained in the Redevelopment Plan for Central Monticello Redevelopment Project No. 1. Subsection 20.1. Statement of 0biectives District No. 1.20aarently consists of 3 parcels of land. Present plans on the site include the construction of IO single family housing unit& inside the District (parcels formerly known as the Hanawam. Banyai and Gille parcels) and 19 housing units on adjacent parcels (which were formerly known as the Prairie West and Gille parcels). The activities comemplated in the present Redevelopment Plan and Tax Innemem Financing Plan do not preclude the undertaking of other qualified redevelopment activities. These activities are anticipated to occur over the life of the tax increment district. District No. 1.20 w expected to achieve many of the objectives set forth in the section "Redevelopment Plan Objectives" in the Redevelopment Plan. 'Rinse objectival include, but are not limited to: To redirect the development of both housing and cmtmercial enttryrise in an orderly manner, thus eliminating conflicting lentil use. Eliminate blighting influermces which impede potential development. To strive to accomplish the optimum quality of devebpwm for the project through site planning and landscape architecture, the treatment of open space, building design, the use of materials, scale, appropriateness, and functional utility To provide sound residential neighborhoods that are aesthetically developed, well located and adequately smiced with municipal utilities and amenities. Subsection 20.4. Redevelrmment Plnn Overview 1. Property to be Acquired - The City or HRA may acquire all parcels within the property located within District No. 1-20. 2. Relocation - Complete relocation services are avomihMe pursuant to Minnesota Statutes, Chapter 1 11 and other relevant &rote and federal laws. 3. Upon approval of the developers plat relstleg to the project and completion of the necessary legal requirements, the City or HRA may sell to the developer selected properties thm they may acquire within District No. 1-20 or may lease land or facilities to the developer. 4. The City or HRA may perform or provide for some or all necessary acquisition, const uctiaa. relocation. demolition, and required utilitin and public streets work within District No. 1.20. nr FU a ftT. tx ObteM w 1.30 XX -1 7F District No. 1.20 encompasses all property and adjacent rights-of-way identified by parcel numbers listed below 155.500.034305 155.500-033401 155-500-033402 See the map in Appendix A for further information an the location of the District No. 1-20. The City and the HRA, in determining the need to create a Tax Increment Financing District in accordance with Minnesota Statutes, Section 469.174 to 469.179, as amended, inclusive, finds that Tax Increment Financing District No. 1-20 to be established is a redevelopment district pursuant to Minnesota Statutes, Section 469.174, Subdivision 10 as defined below: (a) 'Redevelopment district' meant a type of tax increment financing district consisting of a project. or portions of a project, within which the authorityfords by resolution that one of the following conditions, reasonably distributed throughout the district, exists: (1) parcels consisting of 70 percent of the area in the district are occupied by buildings, streets. utilities, or other improvements and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; or (2) The property consists of vacant, unused under use4 inappropriately used or igfrequently used roilyards, rail storage facilities or excessive or vacated railroad rights-of-way. (b) For purposes of this subdivision, 'structurally substandard' shall mean containing defects in structural elements or a combination of dtflciencies in essential utilities and facilities, light and ventilation. fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencits are of sgBlciem total sigmflcance to just] fy substantial renovation or clearance. A building is not structurally substandard fit is in compliance with the building code applicable to new buildings or could be mod&d to saii#y the building code a1 a cost of less than 15 percent of the con of constructing anew structure of the same square footage and type on the site. The municipality may find that a building is not disqualj led as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the sire, type, and age of the building, the average cost of plumbing, electrical, or structural repairs or other similar reliable evidence. 1f the evidence supports a reasonable conclusion that the building is not disquali led as structurally substandard the municipality may make such a determbmion without an interior inspection or an independent. expert appraisal of the con of repair and rehabilitation of the building. (c) For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities or other improvements unless 15 percent of the area of the parcel contains improvements. In meeting Oto statutory criteria described above, the City and HRA rely on the following facts and findings: I, Parcels consisting of over 83 percent of the area in the district are occupied by buildings, streets, utilities, or other improvements and mato dealt 66 percent of the buildings, nes including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance (See Appendix 8 for details). Ter n.. W the Tu tr,..rr tMer4 w 1,110 xxa 76--- The City or HRA may Acquire any parcel within District No. 1-20 including interior and adjacent street rights of way. Any properties ideA6fied for acquisition may be acquired by the City or HRA only in order to Accomplish one or more of the following: corm sewer improvements; provide lard for needed public streets, utilities and facilities: carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set forth in this plan. The following are conditions under which properties not designated to be acquired may be acquired: The City or HRA may acquire property by gift. dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this Tax Increment Financing Plan. Such Acquisitions will be undertaken only when there is assurance of $thing to finance the acquisition and related costs. To facilitate this project. this Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimates of public cosy associated with District No. 1-20 are outlined in the following line item budget. Fid—te At Public Costs L= Estimate of C Public Improvements, Site Improvements Demolition and Land Acquisition $200.000 10% City or HRA Administration 20,QQp TOTAL $220,000 In addition to the budget listed above. tax increment may be used to pay cow authorized in any other Tax Increment Financing Plan within the Central Monticello Redevelopment Project No. I, subject to the limitations described in the p=puph below. Estimated cow associated with Tax Incrennem Financing District No. 1.20 are subject to change. The cost of all activities to be considered for tax increment financing will nes exceed $220.000. Pursuant to Minnesom Statutes. Section 469.1763, Subdivision 2, no more than 25% of the tax increment will be expended on Activities amide of District No. 1.20. Pursuant to Minnesota Statute. Section 469.176, Subd. 4h, at least 90 percent of the revenues derived from tax increments from a redevelopment district taut be used to Mance rho cost of correcting condition that allow designations of redevelopment districts under M innesots Statutes. Section 469.174. Tho City and HRA reserve the right to incur bonded indebtedness of $200.000 as a result of the Tax Incremem Financing Plan, The City and HRA intend to finance the initial activities to be undertaken pursuant to the Tax Increment Financing Plan by reimbursing the Developer on a "pay-avyou-go" basis for eligible activities paid for by the Developer for up to $100.000 of project cow, Ile rensaining project costs will be funded by the HRA in the firm two years of the District by bmtoodrig from other HRA funds. Additional irscremenu may be used to pay interest expense on any tax increment bonds, pay -m -you -go contract or nae, or internal borrowing. Subsection 2Q.10. SomcipfReNnua Public improvements costa, Acquisition, relocation, and site prepumion costs and other costs outlined in the Estinnate of Cosu (Subsection H) will be financed through the annual collection of tax increrntenu, mato grants or loans, or other TV rs. r.. tar n. t. —W assts M. 11.10 stx•r H private equity or financing or other sources of revenue Pursuant to Minnesota Statutes. Section 469.174, Subdivision 7 and Section 469.177, Subdivision 1, the Original Net Tax Capacity (ONTC) as certified for District No. 1-20 is based on the market values placed on the property by the assessor in 1995 for taxes payable 1996. The original tax capacity of the property, at the time the use is changed, will be SI,673. Pursuant to Section 469.177. Subds. 1 and 2, of the TIF Act, the County Auditor shall certify in each year (beginning in the payment year 1998) the amount by which the original value has increased of decreased as a result of a change in tax exempt property within the Tax Increment Financing District, reduction or enlargement of the Tax Increment Financing District or changes in connection with previously issued building permits. In any year in which the current Net Tax Capacity of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the City. The County Auditor shall cenify in each yew after the date the ONTC was cenified (beginning in payment year 1998), the amount the ONTC has increased or decreased as a resuh of. I. change in tax exempt status of property: 2. reduction or enlargement of the geographic boudaries of the district: 3. change due to adjustments. negotiated or coun-ordered abatements: 4, change in the use of the property and classification; or 5. change in state law governing class rates. The original local tax rate for District No. 1.20 will be the local tax rate for 1996 taxes. The Pay 1996 tax rate for District No. 1.20 is 1.105810. Pursuant to Minnesota Statutes, Section 469.174 Subdivision 4 and Minnesota Statutes. Section 469.177, Subdivision 1. 2. and 4, the estimated Capered Net Tax Capacity (CPC) of District No. 1.20, within the Redevelopment Project upon completion of the project, will annually approximate $22,727 or $25,132 in tax increment. The City and HRA request 100 percent of the available increase in tax capacity for repayment of its obligations cud current expenditures, beginning in the tax yew payable 1998. The project tax capacity listed is an estimate of values when the project is completed. Original Tax Capacity 1,673 Estimated Project Tax Capacity 24,400 Estimated Captured Tax Capacity 22,727 0 Pursuant to Minnesota Statutes, Section 479.175. Subdivision I, and Section 469.176, Subd. I, the duration of District No. 1.20 must be indicated within the Plan. Pursuant to Minnesota Statutes, Section 469.176, subdivision I(bh the duration of District No. 1.20 will be 25 years from the date of receipt of the pins Increment by the HRA. The date of receipt by the HRA of the first tax increment will be approximately July 1998. Thi, it is estimated that District No. I- 20, including any modifications of the Plan for subrequem phases or other changes, would terminate after 2022, of when the Plan is satisfied. The City and HRA do reserve the right to decertify District No. 1.20 prior to the legally required date. Subwetion_2.0,14, ExtimmedfiroactonOther .TaxingJurisdietionx The estimated impact on other taxing jurisdictions assumes constnrction which would have occurred without the creation rl► Nr a. rrr M ti -i mild w ISO xX4 7r of District No. 1.20. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding, the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the construction would not have occurred without the assistance of the City or HRA, the following estimated impact of District No. 1.20 would be as follows if the "but for' test was not met: IMPACT ON TAX RATES ENTITY IMPACT ON TAX BASE PERCENT CTC ENTITY'S 1995/96 CAPTURED TAX PERCENT OF TAXIING TOTAL NET TAX CAPACITY CTC TO ENTITY JURISDICTION CAPACITY (CTC) TOTAL Wright County 53,630.869 22,727 0.04% ISD No. 882 19,237,501 22,727 0.12% City of Monticello 15.792,922 22,727 0.14% Hospital District 26.334,087 22,727 0.09% IMPACT ON TAX RATES ENTITY 1995/96 PERCENT CTC POTENTIAL TAX RATE OF TOTAL TAXES Wright County .29499 26.68% 22,727 6,704 ISD No. 882 .60110 54.36% 22,727 13,661 City of Monticello .18509 16.74% 22.727 4,207 Hospital District .02x63 2.22& 22,727 Ho TOTAL 1.10581 100.00% 25,132 The estimates listed above display the captured tax capacity when all construction is completed. The tax nuc used for calculations is the 1995/Pny 1996 nue. The total net capacity for the entities listed above are based on Pay 1996 figures. Subsection 20.15. Modificafi to District No. 1.20 In accordance with Minnesma StatutesSection 469.175, Subdivision 4, any reduction or enlargement of the geographic area of the project or Tax Increment Financing District; increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest an debt if that determination was not a pan of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized; increase in the portion of the captured tax capacity to be retained by the HRA; increase in total estimated tax increment expenditures; or designation of additions! property to be ocquired by the HRA shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original plan. The geographic arca of a tax increment financing district may be reduced but shall not be enlarged after five years following the date of certification of the original tax capacity by the county auditor. Modifications to District No. 1.20 in the form of a budget modification or an expansion of the boundaries will be recorded in the Plan. If District No. I.2n i, enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of section 469.174, subdivision 12 must be documented. The requirements of this paragraph do not rrr rts. W 0. T.. I.....r 01swin r.& 1d= Is's 7.T apply if (1) the only modification is elimination of parcels from the project or district and (2) (A) the current tax capacity of the parcels eliminated from the district equals or exceeds the tax capacity of those parcels in the district's original tax capacity or (B) the atrhoity agrees that, notwithstanding Section 469.177, subdivision I, the original tax capacity will be reduced by no more than the current tax capacity of the parcels eliminated from the district. The authority most notify the county auditor of any modification that reduces or enlarges the geographic area of a district or a project area. In accordance with Minnesaa Statutes. Section 469.174, Subdivision 14, and Minnesota Statutes, Section 469.176, Subdivision 3 administrative expenses meam all expenditures of an authority other than amounts paid for the purchase of lard or amounts paid to contractors or others providing materials and serviw, including architectural and engineering services, directly connected with the physical development of the real property in the district, relocation benefits paid to or servim provided for persons residing or businesses located in the district or amounts used to pay interest on. fund a reserve for, or sell at a discount bonds issued pursuant to Section 469.178. Administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. No tax increment shall be used to pay any administrative expenses for the Tax Increment Financing District which exceed ten percent of the total tax increment expenditures authorized by the Tax Ixrement Financing Plan or the total tax increment expenditures for the project, whichever is less. Pursuant to Minnesota Statutes, Section 469.176. Subdivision 4h, tax increments may be used to pay for the county's actual administrative expenses incurred in connection with District No. 1.20. The county may require payment of those expenses by February IS of the year following the year the expenses were incurred. Pursuant to Minnesota Statutes, Section 469. 177. Subdivision 11, the county treasurer shall deduct an amount equal to 0.1 percent of any increment distributed to an authority or municipality and the county treasurer shall pay the amount deducted to the state treasurer for deposit in the state general fund. Pursuant to Section 469.176, Subd. I, of the T[F Act, no tax increment shall be paid to the HRA for the Tax Increment Financing District after three (3) years from the date of certification of the Original Net Tax Capacity value of the taxable property in the Tax Increment Financing District by the County Auditor unless within the three (3) yew period: (a) bonds have been issued pursuant to Section 469.178, or in aid of a project pursuant to any other law, except revenue bonds issued pursuant to Section 469.132 to 469.165, or (b) the City or HRA has acquired property within the Tau Increment Financing District, or (c) the City or HRA has constructed or caused to be constructed public improvements within the Tax Increment Financing District. The bonds must be issued, or the City or HRA must acquire property or construct or cause public improvements to be constructed by approximately June 1999. The tax incmn wm pledged to the payment of bonds and interest thereon may be discharged and the Tax Increment Financing District nary be terminated if wffcieru Hods have been irrevocably deposited in the debt smite fled or other escrow account held intrust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to Minnesota Statutes, Section 469.176, Subdivision 6: (J, after Jour )vas f torn the date of «nUlcarion of rhe original tax capacity of the rax increment financing disrrier pursuant to Minnesota Statures, Section 469,177, no demolition, rehabilitation or renovation of property or other site preparation, nr Flt hr IY Tu barn OWnn w 1•20 xXIO 7K including qualified improvement of a street adjacent to a parcel but rear installation of uriliry service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tar increment may be taken from that parcel and the original tax capacity of that parcel shall be excluded from the original ax capacity of the tax increment financing district If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor in the annual disclosure report that the activity has commenced The county auditor shall certify the tax capacity thereof as most recently certified by the commissioner ofrevenue and add it to the original tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision. For purposes of this subdivision, qualified improvements are limited to (1) construction or opening of a new street, (2) relocation of a street, and (3) substantial reeatstrucrian or rebuilding of an existing street. The City or HRA or a property owner must improve parcels within District Na. 1.20 by approximately June 2000. AH revenues derived from tax increment shall be used in accordance with the Tax Increment Financing Plan, pursuant to Minnesota Statutes, Section 469.176, Subdivision 4 and Section 273.1399, Subdivision 1. The revenues shall be used for the following purposes: to pay the principal of and interest on bonds used to fuwace a project; to finance, or otherwise pay the capital and administration cow of the Redevelopment Project plus tam to the Redevelopment Project Act; to pay for project cow as identified in the budget; and to fiance, or otherwise pay for other purposes as provided in Section 469.176, Subd. 4, of the Tax Increment Act. These revenues shall not be used to circumvent any levy limits. Tax increments generated in Tax Increment Financing District No. 1.20 will be paid by Wright County to the City of Monticello for the Tax Increment Fund of said District. The City or HRA shall, after due and diligent starch, accompany its request Fa certification to the County Auditor or its notice of Tax Increment Financing District enlargement with a listing of all properties within the Tax Inceemeat Financial District or arca of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the Tax Increment Financing Plan by the remmkipality pursuant to Section 469.175, Subd. 3, of the TIF Act. The County Auditor shall increase the original value of tho Tax Increment Financing District by the value of improvements for which a building permit was issued. Pursuam to Minncsota Statutes, Section 469.177, Subdivision 4, the City or HRA has reviewed the area to be included in District No. 1.20 and found no parcels for which building permits have been issued during the 18 monde immediately preceding approval of the Plan by the City or HRA. If the building permit had been issued within the 18 month period preceding approval of the plan by the City or HRA, the county auditor shall increase the original tax capacity of the district by the valuation of the improvements for which the building permit wrat issued. rlr re. ft a. r.. I..nrr.1 trek+ We to xx•7 7L Subsection 20.20. Excess Tax Increments Pursuant to Minnesota Statutes, Section 469.176, Subdivision 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the tax increment plan, including the amount necessary to cancel any tax levy as provided in Minnesota Statutes Section 475.61, Subdivision 3, the City or HRA shall use the excess amount to do any of the following: prepay the outstanding bonds: discharge the pledge of tax increment therefor, pay into an escrow account dedicated to the payment of such bond: or return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their tax capacity we as provided in Minnesota Statutes, Section 469.176, Subd. 2. The City or HRA will review any proposal for private development to detemnine its conformance with the Project Plan and with applicable municipal ordinances and codes. To facilitate dais effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the City or HRA to demonstrate the conformance of the development with city plans and ordinances. The City or HRA may also use the Agreements to address other issues related to the development. Pursuant to Section 469.176. Subd. 5, of the TIF Act. no more than twenty-five percent (25th), by acreage, of the property to be acquired in the Tax Increment Financing District as set forth in the Tax Incremea Financing Plan shall at any time be owned by the City or HRA as a result of acquisition with the proceeds of bonds i—rd pursuant to Section 469.178, of the TIF Act, without the City or HRA having, prior to acquisition in excess of twenty-five percent (25%) of the acreage, concluded an agreement for the development or of the property acquired and which provides recourse for the City or HRA should the development not be completed. Subsection 20.22, Assessment Agreements Pursuant to Minnesota Statutes. Section 469.177, Subdivision 8, the City or HRA may enter into an agreement in recordable forth with the developer of property within the Tax Increment Financing District which establisfw a minimum market value of the lad and completed im(vnvenems for the duration of District No. 1-20. The assessment agreement shall be presented to the assessor who shall review the plea and specifications for the improvements constructed, review the market value previously assigned to the lard upon which the improvements are to be constructed and. so long as the minimum market value contained in the a<v..ment agreement appear, in the judgment of the assessor, to be a reasonable estimate, the assessor may certify the minimum market value agreement. Subsection 20.23. Administration of District No. 140 Administration or District No. 1.20 will be handled by tiro Executive Director of the HRA of the City of Monticello. Subsection 20.24. Financial Ra=ina Reatliremenu Pursuant to Minnesota Statutes, Section 469.175. Subdivisions S. 6, and 6(a): the City at HRA must file an annual disclosure report for all tax increment financing districts with the State Auditor, the county board, county auditor, and school board. Pursuant to Section 469.175, Subd. 5, of the TIF Act. the City or HRA must rale an annual disclosure report for the Tax Increment Financing District. The report shall be filed with the county board, county auditor, school bard, and tie State Auditor on or before July I of each year. The repot to be filed by tho City or HRA shall include tho following information: Till M. tar ur T.. I—i 060H1 w n.so xx4 7M the amount and source of revenue in the tax increment account; the amount and purpose of expettditum from the account. the amount of any pledge of revenues, including principal and interm on any outstanding bond indebtedness; the original net tax capacity of the Tax Increment Financing District: the captured net tax capacity retained by the City: the captured net tax capacity sftared With other taxing districts; the tax increment received; any additional information necessary to demonstrate compliance with the Tax Increment Financing Plan. Section 469.175, Subd. S, of the TIF Act also provides that an annual statemem showing the tax incremant received and expended in that year, the original net tax capacity. captured net tax capacity, amount of outstanding bonded indebtedness, the amount of the district's increments paid to other governmental bodies, the amount paid for administrative costs, the sum of increments paid, directly or indirectly, for activities and improvements located outside of the district and any additional information the City or HRA deems necessary shall be published in a newspaper of general circulation in the City. Pursuant to Minnesota, Statutes Section 469.175, Subd. 6. of the TtF Act. the City or HRA must annually submit to the State Auditor, on or before July 1, a financial report which shall: provide for full disclosure of the sources and uses of the public funds in the district: permit comparison and reconciliation with the City's accounts and financial reports; permit auditing of the funds expended on behalf of the tax increment district, including a single district that is pan of a muhi district project or that is funded in pan or whole through the use of a development account funded with tax increments from other districts or with other public money; and be consistent with generally accepted accounting principles. The financial repon must also include the following: the original net tax capacity of the district: the captured net tax capacity of the district, including the amount of any captured net tax capacity shared with other taxing districts; for the reporting period and for the duration of the district, she amount budgeted under she Tax Increment Financing Plan, and the actual amount expended for, at kart, the following categories: a acquisition of land aid buildings through condemnation or purchase: b. site improvements or preparation cosu; C. installation of public utilities, parking facilities, streets, toads, sidewalks, or other similar public improvements: d. administrative costs, including the allocated cost of the City cr HRA; e. public pal facilities, facilities for social, recreational, or conference purposes, or other similar public improvements; for properties sold to developers, the tool cost of the property to the a thoriiy and the price paid by developm; the amount of increments rebated or paid to developers or property, owners for privately financed improvements or other qualifying costs. Pursuant to Minnesota Statutes, Section 469.175. subdivision 6a. the City must also annually repon to the State Auditor before or on July I of each year the following amounts for the entire City: the total principal amount of nandefeeted tax ineremem financing bonds that are outstanding st the end of the previous calendar year; and the wW annual amount of principal sal interest payments that are duo for the current calendar year TV P— 0a U. To. I—M armM M► ale xx•1 7N on (i) general obligation tax increment financing bonds and (ii) other tax increment financing bonds. and for each tax increment financing district within the City: the type of tax increment financing district; the date on which the district is required to be decertified; the amount of any payments and the value of in-kind benefits, such as physical improvements and the use of building space, that are financed with revenues derived from increments and are provided to ander governmental unit (other than the municipality) during the preceding calendar year: the tax increment revenues for taxes payable in the current calendar year; whether the tax increment financing plan or other governing document permits increment revenues to be expended outside of the tax increment financing district; any additional information that the Stats Auditor may require. Copus of this report must also be provided to the county std school district boards. The reasons and facts supporting the finds for the adoption of the Tax Increment Financing Plan for District No. 1-20 as required pursuant to Minnesota Statutes, Section 469.175. Subdivision 3 are as follows: Finding that District No. 1-20 is a redevelopment district as defined in Minnesota Statutes, Section 469.174, Subdivision 10. The property contains parcels consisting of over 83 percent of the area in the district are occupied by buildings, struts, utilities, or other improvements and more than 66 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance (See Appendix E for details). Finding that the proposed development. in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable f utue and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District as penniaed by the Tax trireme, Financing Plan. A comparative analysis of estimated market values both with and without establishment of Tu Incremem Financing District No. 1.20 and the use of tax increments has been performed as described above. Such analysis indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of Tax Increment Financing District No. 1.20 and the use of tax increments (See Appendix C). Finding that the Tax Increment Financing Plan rot District No. 1.20 conforms to the general plan for the development or redevelopment of the municipality as a whole. The site is appropriately zoned. The Tax Increment Financing Plan has been found by resolution to conform to the general development plan of the City by the Planning Commission on June 4, 19%. Finding that the Tax Increment Financing Plan fat District No. 1.20 will afford maximum opportunity, consistent with the sound needs of the City as a whale, for the development of Redevelopment Project by private enterprise. See Page XX- I, Section C for a list of Redevelopment Plan Objectives met by this project. rill F—ft, u. xx.to 70 Pursuant to Minnesota Statutes. Section 273.1399, for tax increment financing districts for which certification was requested after April 30, 1990, a municipality incurs a reduction in store tax increment financing aid (RISTMA) applied to the municipality's local Government Aids (LGA) first and. Homestead and Agricultural Aid (HACA) second, in an amount equal to a formula based upon the equalized qualifying captured tax capacity (QCI'C) of the Tax Increment Financing District. Puasuam to Minnesota Stances, Section 273.1399. Subdivision 6, for to increment financing districts certified after Jima 30, 1994, the City or HRA may choose an option to the LGA-HACA penalty. A tax increment financing district is exempt if the City or HRA elects at the time of approving the tax iarement financing plan to make a qualifying local contribution. To qualify for the exemption in each year, the City or HRA must make a qualifying local contribution to the project of a certain percentage. The local contribution for a redevelopment district is S percent. The maximum local contribution for all districts in the City is limited to two percent of the City's rset tax capacity. The amount nt of the local contribution must be made out of unrestricted money of the authority or municipality, such as the general fund, a property tax levy, or a federal or a state grand -in -aid which may be spent for general govemment purposes. The local contribution may nes be made. directly or indirectly, with tax increments or developer payments. The local contribution must be used to pay project costs and cannot be used for general government purposes. The City or HRA elect to make the annual local contribution to the project to exentupl itself from the LGA-HACA penalty. Pursuant to Minnesota Statutes, Section 469.175. Subdivision I o. the county board may require the authority to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will in the judgement of the county, tatboantially increase the use of county rads requiring construction of road improvements or other road coos and if the road improvements are nes scheduled within the next five years under a cV iW improvement plan or other county plan. The improvements outlined in the Plano seen as notice to the coumy that the devekpment of the residential facilities will be assisted with tax increment. In the opinion of the Atu)mrity and consultants, the proposed devekap hent will have little or no impact upon county roads. If the county elects to use increments to improve county roads, it must notify the Authority within thirty days of receipt of this plan. Subsection 20.28. Economic Develoomernt and Job Creation To the extent applkablc, the City or HRA agrees to comply with Minnesota Statutes, Section 1161.991, which states that a business receiving state or local government assistance for economic development in job growth purposes, including in increment financing, ttutst create a net increase in jobs and meet wage level goals in Minnesota within two years of receiving assistance (See Appendix D). The City of Monticello is establishing Tax Increment Financing Disiict No. 1-20 to preserve and enhance the sex base. redevelopment substandard areas, and increase employmem of the City. The Tax Increment Financing Plan for Tax Increment Financing District No. 1.20 was prepared by Ehlers and Associates, Inc.. 2950 Norwest Center. 90 South Seventh Street, Minneapolis, Minnesota 55402.4100, telephone (612) 339.9291. Tr M. n. u. Tu t.rw nr.tnw lie xx•11 7P APPENDIX A BOUNDARY MAP OF REDEVELOPMENT PROJECT AND Tux Increment Fumming Dimict No. 1-20 I(v � � f I III I I ' �, ., �, •• �\ --? HILLTOP OR• b ` s .,N h <"� '�v ,• :•: ;iii'^ �:: :a:: w-:v. :. .. ! �, r pr Z�.. t � r t o•v �+n . 4�10r TEEOOLOA f BY AIRWAY I _.,1 �'+• { _ r HS� 0.tEEN3 COt.ONYBY COURTS . v 'BY jot TMIR¢ ME GREENS ' I_ is I it _-1 jAL}• �• _! t .$ANNOy Y �• " K `-� a T - �• k cR O� •CITY OF MONTICELLO !, r, Proposed Tax Increment ' Financing District No. 1-20 ' i 4 t 7k 4- ILI Z AO .............. T —01 cily of Monticello . k"4016 GIS(Ini ioniiii '1# C L 1. ..0 It LrUl., City limits Itedovelopeent Otte SKI- CENTRAL MONTICELLO REDEVELOPMENT PROJECT AREA P, MAW R P, cily of Monticello . k"4016 GIS(Ini ioniiii '1# C L 1. ..0 It LrUl., City limits Itedovelopeent Otte SKI- CENTRAL MONTICELLO REDEVELOPMENT PROJECT AREA APPENDIX B LEGAL DESCRIP71ON FOR Tax Increment Financing District No. 1.20 The District encompasses all properly and adjacent notsof-way idemificd by the parcel identification oombers listed below - PID Numbers I55-500.034305 155-500.033401 155-50D-033402 r APPENDIX C CASH PLOW FOR Tax Inatment Financing Disuict No. 1-20 0,3 7a abVlnbMM10Dw1MrptamMTaxV-MFh a DMdMnla U.F. CASA FLOW ASSUMPTIONS Now N.kat Vakn • EM. hda" Rah: 0 GOOD% aI . Rah: 9.600% Tax Extwrdan Rah: 1.105010 by 99 Racal DfsparOu Rah: 0.00% BASE VALUE INFORMATION Od4rwrcw 1.192.749 Pay go Van Pared n 55400,034= 106,000 par Od a15540MW01 06,600 Par oM 155=4334132 Tdd Omm market van t6r�0 Claw Rah: IlOrrral4a0> $72,000 2000076 Pity 96 NpnwC�O < $74,000 1.0000'% Pry 96 O tnW Ta CMpwdtr 1479 iay tb PROJECTYALUE FORMATION IN TTV* d Ta I a.lwxbil= t40arw 19, Too d Ow tpnwt 1lwrrrMaO Tow U+N Typw of Tdd Tavel Tax Mom A4arkal lMw Taxa Ud1 Ca -ay VaVdua P}la7M 1.5 • FourOm 0tlpa (5 L*" 16.147 4.541 13'm mnom 150AW 2 • T"V ma (4 Ura) 11464 4.904 10.740 600.000 170.000 0 0 g 0 0 29AR 44AM 1,900.000 920400 1999 b 2000 AWrw M%b A M 1997 W W%bAh l M BUT FOR ANALYSIS CWYM VAft Vakw • Et 1 197 5001 Now N.kat Vakn • EM. 1,547,300_ omww= 1.990400 P soom Van d To klcrwaura 197_255 D9hnrew 1.192,749 Van IJn4y b O=r www nor 0 Od4rwrcw 1.192.749 UT10001 PMparaarEMw►gEw[OmwIre. ixp l 7v �. ..� . 1M.w d VaOmb MRh• 10 DwWq Urea o Tu aloerra Flrira WM No 140 Pp 2 7W NT100-01 2118./48. tv CN --V aftm M TAX CICRENUM CASH FLOW Orly. Pm)et1 Caphnd Sm1d-AMUd AmMrItstradwe OMW Saffi-AmuM NPV Pa7rrrra . PERIOD Ta Ta Ta Greta Tu Fee Reww Not Tu Tu Irame as Owe Yn. CatnFAw CaQriW Capaeev Inererrlenl •10.00% etermr0 6.50% I.M Yr. 0.0 1.6m 1,618 0 0 0 0 0 0 02-01 1997 OA 1,673 1.678 0 0 0 0 0 0 06-01 1997 0.0 1,678 1,673 0 0 0 0 0 0 m-01 1996 0.3 1,678 1,678 0 0 0 0 0 0 06-01 1996 1.0 1,673 1,673 0 0 0 0 0 0 02-01 1999 14 1,673 12,200 10,527 SAM (584 0 Sze 4.001 06-01 1999 2.0 1,673 122M 10,527 5420 (562) 0 5.236 7,995 02-01 20M 24 1,673 24,40D 22,727 12,566 (1257) 0 11,309 18.102 06-01 2000 3.0 1.673 24,400 22.727 12466 (1257) 0 11,309 23,6" 02-01 2001 3,5 1,673 24.400 22.727 12.366 (1237) 0 11,303 31,336 06-01 2001 4.0 1.673 ' 24.400 22.177 12.568 (I= 0 11,309 36.491 02-01 2002 44 1,673 24,400 22.727 12486 (1257) 0 1t= 45351 08-01 2002 5.0 I'm 24,400 2$727 12.588 (1257) 0 11,309 SIAS 02-01 20M s8. 1.673 24.400 22.727 12.566 (1257) 0 11,309 562M 0"1 2003 6.0 1.677 24.400 22,727 /2,588 (1237) 0 11,309 64,310 02-01 2004 6.5 1.673 24,400 22.727 12.566 (1257) 0 It= 70.121 08-01 2004 7.0 1.673 24.100 22.727 12.366 (1257) 0 It= 75.691 02-01 2005 7.5 1.673 24.400 22.727 12AN (1257) 0 It= 61A41 08-01 2005 8.0 1.673 24.400 22.727 12AN (1257) 0 It= a&I69 02-01 2008 6.5 1.477 24.400 2$727 12.5W 11257) 0 11309 91,069 06-01 2006 9.0 1,673 24.400 22.177 12,586 (1257) 0 11,303 15AN 02-01 2007 93 1,673 21,400 22,177 12AN (1257) 0 11,309 100,334 06-01 2007 10.0 1.673 24,400 72,727 12AN (1257) 0 11409 104M 02-01 2008 104 1,673 24,400 22,727 12AN (1257) 0 11409 1OBA41 OS -01 2006 11.0 1.673 24.400 22.727 12AN (1257) 0 11,309 112M 02-01 2009 11.5 1.673 24,400 22,177 12466 (1257) 0 It= 116.668 08-01 2009 12.0 1,673 24.400 22,727 12486 (1257) 0 11,309 120,344 02-01 2010 12.3 1.673 24,400 22,727 12468 (1257) 0 11,300 123571 0601 2010 13.0 1,673 24,400 22,727 12,586 (1237) 0 11309 127253 02-01 2011 13.5 1,673 24.400 22,727 12AN (1257) 0 11409 130.498 0801 2011 14.0 1,673 24,400 22,177 12488 (1257) 0 11400 133A10 02-01 2012 14.5 1,673 24.400 22.727 12AN (1257) 0 It= 136,695 06-01 2012 15.0 1.673 24,400 22,727 12,360 (1257) 0 1140'1 139.469 02-01 2013 15.5 1,673 21,400 22,727 12.560 (1257) 0 11,309 1422M D601 2013 16.0 1,673 24.400 29,727 12.568 (1.257) 0 11,309 I"A41 02-01 2014 164 1673 24.400 22.727 12AM (1257) 0 11,300 147,366 0"1 2014 17.0 1,673 24.100 29.727 12A63 IIZM 0 It= 119,793 02-01 2015 17.5 1,673 24,40D 22,727 12AN (1257) 0 It= 162,119 0801 2016 16,0 1,673 24,400 22,727 12AN (1257) 0 It= 151319 02-01 2016 18.5 1,673 24.400 22.727 12AN (1257) 0 11,309 160.489 0601 2018 19.0 1,673 24.400 22.727 12AN (1257) 0 11,309 168412 02-01 2017 19.3 1,673 24,400 22,727 12.580 (1257) 0 1t= 160.511 0601 2017 20.0 1.673 24,400 72,727 12,606 (1,237) 0 11,300 182,400 02-01 2018 20.5 1,673 24,400 22,727 12AN (1,257) 0 11,309 161911 0801 2016 21.0 1,673 24,400 22,727 12466 (1257) 0 11,309 165019 02-01 2019 21.5 1,673 24,400 22.727 12AW (1257) 0 it= 167A18 0801 2019 22.0 1,673 24,400 22,727 12,665 (1,257) 0 It= 169,716 02-01 2020 22.5 1,673 24,400 22.727 12AN (1.957) 0 11,300 170,749 0801 7020 23.0 1.673 24.400 22.727 12480 (1257) 0 11,300 In= m-01 2021 23.5 1,673 24.400 22.727 12486 (1257) 0 11309 172,632 0601 2021 24.0 1.873 24.400 22.7`27 12AW (1257) 0 11,309 174sm 02-01 RM 24.5 1.673 24.400 22,727 12AN (1,257) 0 11,309 116.294 0341 20M 1673 24409 22.727 12.60 (12671 Q_l l 300 / n47o 02-01 _00 Talale ¢1W.671 (26,967) 0 630.70 Preeerivakm 197255 119.7261 a 177.63) 7W NT100-01 2118./48. tv CN --V aftm M APPENDIX D REDEVELOPMENT DISTRICT QUALIFICATION FINDINGS FOR Tax Increment Financing Dis� No. I-20 AMIJOX YA- �/ ` 05/20/96 Parcel Name Hanawatt Banyal State of MN Total Square Footage Parcels Consisting of OI District are Occupied 67,757 83.93% Page 1 Number of Blighted Bldgs. 56,867 3 2 66.67% of bldgs blighted MT100-01 Prepared by Ehlers/Publloorp Inc. n:\wpdata\monticb%TIFRUN.WK4 -_ l Monticello HRA: 10 Dwelling Units in Tax Increment Financing District No. 1-20 Parcel Improvements Percent of Size of Parcels Number of Parcel Number Square Feet Square Feet Coverage Oocuoled Buildings 155.500-034305 12,000 3,818 31.82% 12,000 1 155-500-033401 44,867 7,028 15.66% 44,867 2 155-5004033402 10,890 0 0.00% 0 Total Square Footage Parcels Consisting of OI District are Occupied 67,757 83.93% Page 1 Number of Blighted Bldgs. 56,867 3 2 66.67% of bldgs blighted MT100-01 Prepared by Ehlers/Publloorp Inc. n:\wpdata\monticb%TIFRUN.WK4 Council member introduced the following resolution, the reading of which was dispensed with by unanimous consent. and moved its adoption: CITY OF MONTICELLO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. RESOLUTION MODIFYING THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. 1; MODIFYING THE BUDGETS OF TAX INCREMENT FINANCING DISTRICTS NOS. 1.1,1.2,1.3,14,1•S,1.6, 1-7,1-8,1-9,1-10,1-11,1-12,1-13, 1-14, 1-15, 1-16, 1-17, AND 1.18; ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-20; AND APPROVING THE CENTRAL MONTICELLO REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLANS RELATING THERETO, LOCATED WITHIN CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. 1. Be it resolved by the City Council (the "Council") of the City of Monticello, Minnesota (the "City"), as follows: Section 1. Recitals 1.01. It has been proposed that the City modify the Redevelopment Plan (the "Redevelopment Plan") for Central Monticello Redevelopment Project No. 1(the "Redevelopment Project No. I"), and modify the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-1, I-2, 1-3,14,1-5,1-6.1-7, 1-8. and 1-18 (the "Tax Increment Financing Districts") within Redevelopment Project No. I, and establish Tax Inurement Financing District No. 1-20 ("District No. 1.20"), within Redevelopment Project No. 1, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 through 469.047, and Minnesota Statutes, Sections 469.174 through 469.179• inclusive, as amended. 1.02. The Council has investigated the facts and has caused to be prepared a modified Redevelopment Plan for Redevelopment Project No. I, modified Tax Increment Financing Plans for Tax Irsctentent Financing Districts Nos. 1-1, I-2, I.3. 1-0, 1•S, Ili• I.7, 1 8, I-9, 1-10, I•II, 1.12, 1-13, 1.14, 1•IS, 1.16. 1.17, and 1-18 and a Tax Increment Financing Plan for Tax Increment Financing District No. 1.20 (the "Plans'). 1.03. The City has performed all actions required by law to be performed prior to the modification of the Plans. including, but not limited to, notification of Wright County and Independent School District No. 882 having taxing jurisdiction over the property to be included in the Tax Increment Financing Districts and District No. 1-20. submission of the Plans to the City Planning Commission for review and comments, and the holding of u public hearing upon published notice as required by law. Section 2. Findingn for t Modification of Redeveloament PrPicq No. 1. the Madificmian of Tax Increment Financing Districts Nos, 1-1.1.2,1.3.14.1-S.Ib.I-7.1.0.1-4.1.10,1-IL-L- 12 1-13, 1-14. 1 -IS. I -Ib, 1.17. and 1-I0, the Eltablichrnent of Tan Increment Financing Dict ict No. 1-20. and the vn of the PJnm relating tbereta. 2.01. The Council hereby finds that the modification of the Redevelopment Plan for Redevelopment Project No. I, the modification of the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1.1. 1.2.1.3, 1-4. 1.5. 16. I.7, I.B, I.9, I-10. I•I1, 1.12. 1.13. I-14, 1•IS, 1.16, 1.17, and I.18.and V the Tax Increment Financing Plan for Tax Increment Financing District No. 1-20 are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus to accomplish certain objectives as specified in the Plans. 2.02. The Council forther finds that the proposed development, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future, and the increased market value of the site (Tax Increment Financing District No. 1-20) that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the Plan for Tax increment Financing District No. 1-20; that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development of the Tax Increment Financing Districts and District No. 1-20 by private enterprise. 2.03. The City elects to make (or cause to be made) a qualifying local contribution under Minnesota Statutes, Section 273.1399, subd. 6 (d), and therefore anticipates that the Tax Increment Financing District will be exempt from state aid loss. Section 3. 3.01. The modifications to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Internment Districts Nos. 1-1, 1-2, 1.3, 1-4, 1-5, 1.6, 1-7, 1-8. 1.9. 1- 10, 1-11. 1-12, 1.13, 1-14, 1 -IS, 1-16, 1-17. 1-18, and 1.20 am hereby approved and adopted. contingent upon receipt by the City Administrator of a written comment on the modified Plans from the City Planning Commission, and shall be placed on file in the office of the City Administrator. 3.02. The City staff of the City ate authorized and to file the Plans with the State Department of Revenue and Wright County. 3.03. The City staff of the City, the Citys advisors and legal counsel am authorized and directed to proceed with the impletnrnmtion of the Plans and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. The motion for the adoption of the foregoing resolution was duly seconded by Council member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: Mayo ATTEST: Clerk (SEAL) 72-�- Council Agenda - 6P14/96 Ehlers & Associates, our financial consultant for the HRA, will be receiving bids on Monday, June 24, at 11 a.m., on the sale of three separate bond issues for the City of Monticello. Two of the bond issues are refinancing of existing debt in an attempt to lower our interest cost, and the third issue is for $1,035,000 to finance improvement projects we are scheduled to conduct this summer for the Briar Oakes Estate 2nd Addition and Dundas Road/ Fallon Avenue improvement projects. Mr. Mark Ruff of Ehlers & Associates will be in attendance at the meeting with a tabulation of the bidders and will make a recommendation for awarding the We to the low bidder. If for some reason the interest rates are not as attractive as originally assumed, we can reject the sale for the two refinancing issues relating to the tax increment bonds and the sewer interceptor issue and just award the sale for the larger issue that would include money for the Briar Oakes and Dundas Road projects. Although this bond issue does include some refinancing of a 1990 bond debt, this issue should be sold regardless of the interest rate, as most of the finds are needed for improvement projects currently underway. B. ALTERNATIVE ACTIONS; 1. Adopt resolution(s) accepting the bids and awarding the We of the three bond issues to the low bidder as recommended by Ehlers & Associates. 2. Adopt a resolution on the sale of one or more of the bond issues as recommended by Ehlers & Associates. C. STAFF RECOMMENDATION; Assuming the interest rate savings is still to our advantage, it would be my recommendation that all three bond issues be awarded to the low bidder. Since the bids will not be received until Monday, a bid tabulation will be provided to the Council at Monday night's meeting by Mr. Ruff. Bond sale resolution packages. Extract of Minutes of Meeting of the City Council of the City of Monticello, Wright County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Monticello, Minnesota, was duly held in the City Hall in said City on Monday, June 24, 1996, commencing at 7:00 o'clock P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's approximately =1,035,000 General Obligation Improvement Bonds, Series 1999A. The City Administrator presented a tabulation of the proposals which had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals were as follows: Anuziu an90-as i After due consideration of the proposals, Member then introduced the following resolution, and moved its adoption: In accordance witl5 the official Terms of Proposal the following adjustments were made: Principal Amount: Maturities: Minimum Purchss9 Price: RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF ; GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Monticello, Wright County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. Theproposedof (Purchaser) to purchase $ General Obligation Improvement Bonds, Series 1999A (Bonds) of the City described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of f plus accrued interest to date of delivery, for Bonds hearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 1997 2009 1998 2004 1999 2005 2000 2000 2001 2007 2002 True interest cost: 1.02. The sum of 1 being the amount proposed by the Purchaser in oxeoss of f will be credited to the Debt Service Fund hereinafter created. The City Admnintstrator is directed to retain the good faith check of the Purchaser, pending oomplotion of the sale of the Bonds. and to return the good faith amm3u ongo•N checks of the unsuccessful proposers forthwith. The Mayor and City Administrator are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapters 429 and 475 (Act) in the total principal amount of $ , originally dated July 1, 1996, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 1997 2003 1998 2004 1999 2005 2000 2006 2001 2007 2002 1.04. �Qtional Redemption. The City may elect on February 1, 2000, and on any day thereafter to prepay Bonds due on or after February 1, 2001. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 8 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Section 2. Registration and Pavment. 2.01. Registered Form. The Bonds will be issued only In fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described heroin. 2.02. Dates. Interest Pavmont Dates. Each Bond will be dated as of the last interest payment date preceding tho date of authentication to which Interest on the Bond has been paid or made available for payment, unless (1) the date of authentication is an interest payment date to which Interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (U) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original Issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 1997, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent paying agent ( Registrar) . The effect of registration and W8105313 10190-39 the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Re ter. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchange's of Bonds entitled to be registered; transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Boade of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchance of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange win be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond Is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar Is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer Is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charees. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. &0105)u also-" (h) Mutilated. Lost. Stolen or Destroved Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to Issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Reeistrar. The City appoints , , Minnesota, as the initial Registrar. The Mayor and the City Administrator aro authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then duo. 2.08. Execution, Authentication and Dellverv. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a faceimile of whose signature appears on the Bonds cusses to be SMOS u 0190-n6 such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the —nual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the as= representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.08. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 9 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section ]. Form of Bond. 3.01. The Bonds will be printed in substantially the following form: (Face of the Bond) No. R- UNITED STATES OF AMERICA f STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF MONTICELLO GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1998A Date of Rate Maturity Orininal Issue CUSIP July 1, 1898 Registered Owner: Cede 6 Co. The City of Monticello, Minnesota, a duly organized and existing municipal corporation in Wright County, Minnesota (City) , acknowledges itself to be indebted and for value received hereby promises to pay to anta5l" 091w" or registered assigns, the principal sum of f on the maturity date specified above with interest thereon from the date hereof at the annual tate specified above; payable February 1 and August 1 in each year, commencing February 1, 1997, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by , Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2000, and on any day thereafter to prepay Bonds due on or after February 1, 2001. Redemption may be in whole or In part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company (DTC) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forme a part as "qualified tax exempt obligations" within the meaning of Section 288(b)(3) of the Internal Revenue Code of 1988, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 Willon limit allowed by the Code for the calendar year of Issue. Additional provisions of this Bond are contained on the reverse hereof and such provisions for all purposes have the same effect as though fully set forth in this piece. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Monticello, Wright County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF MONTICELLO, MINNESOTA ( Facsimile) ( Facsimile) City Administrator Mayor uuoe3u Milo -56 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative [Reverse of the Bond) This Bond Is one of an issue in the aggregate principal amount of S all of like original issue date and tenor, except as to number, matu tr�a�te, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 24, 1996 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be incurred in making local Improvements and to refund the outstanding principal amount of certain general obligation improvement bonds of the City, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429 and 475, and the principal hereof and interest hereon are payable from special assessments against property specially benefitted by local improvements and from ad valorem taxes for the City's share of the cost of the improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are Irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments and taxes pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided In the Resolution and subject to certain limitations set forth therein, this Bond Is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written Instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a now Bond or Bonds to be issued In the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same tate and maturing on the same date, subject to reimbursement for any tax, fee or governmental char -go required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may doom and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond to overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. aniortia =190.56 IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Monticello, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) City Administrator The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common uet or TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. WIL053U 0190-N ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature (a) must be guaranteed by a [member of the Medallion Signature Program. I [national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges.I The Bond Registrar will not effect transfer of this Bond unless the Information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is hold by joint account.) Please insert social security or other Identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. an10f111 0190•!6 Signature of Date of Reeistration Realstered Owner Officer of Registrar Cede & Co. Federal ID 313-2555119 3.02. The City Administrator is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond, together with a certificate to be signed by the facsimile signature of the City Administrator in substantially the form set forth in the form of Bond. The City Administrator is authorized and directed to execute the certificate in the name of the City upon receipt of the opinion and to file the opinion in the City offices. Section 4. Pavment: Security. Pledges and Covenants. 4.01. (a) The Bonds are payable from the General Obligation Improvement Bonds, Series 1998A Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of general taxes hereinafter levied (Taxes), and special assessments (Assessments) levied or to be levied for the improvements (Improvements) financed by the Bonds and financed by the City's $730,000 General Obligation Improvement Bonds, Series 1990B, dated July 1, 1990 (Refunded Bonds), are hereby pledged to the Debt Service Fund. (b) The debt service fund, if any, heretofore established for the Refunded Bonds is terminated, and all monies therein are hereby transferred to the Debt Service Fund herein created. If any payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director is directed to pay such principal or Interest from the general fund of the City, and the general fund will be reimbursed for the advances out of the proceeds of Assessments and Taxes when collected. (c) There is appropriated to the Debt Service Fund (1) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the Purchasor, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of tho Bonds. (d) The proceeds of the Bonds, less the appropriations made in paragraph (c), together with any other funds appropriated for the Improvements and Assessments and Taxes collected during the construction of the Improvements will be deposited in a separate project fund (which may contain separate accounts for each Improvement) to be used solely to redeem the Refunded Bonds in accordanco with Section 8 hereof and defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement. Any balance remaining in the project fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act. When the Improvements are completed and the cost thereof paid, the project fund is to be closed and subsequent collections of Assessments and Taxes for the Improvements are to be deposited In the Debt Service Fund. SM053u ioIw-a8 4.02. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 1997 and will tate all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments and Taxes, the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of ouch audit reports to any interested person upon request. 4.03. It is determined that at least 2Q% of the cost of the Improvements will be specially assessed against benefitted properties. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax (Taxes) upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of levy for collection the following year): Year Lem ( See Attachment A) 4.04. It is 2►oreby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least five percent in excess of the amount needed to soot whoa due the principal and interest payments on the Bonds. The tax levy heroin provided is irropealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the City Administrator may certify to the County Auditor of Wright County the amount available in the Debt Sorvice Fund to pay principal and interest duo during the ensuing year, and the County Auditor will thereupon reduco the levy collectible during such year by the amount so certified. a,nioa3u 16190.56 4.05. The City Administrator is authorized and directed to file a certified copy of this resolution with the County Auditor of Wright County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Refunding: Findines: Redemption of Refunded Bonds. 5.01. The Refunded Bonds are the General Obligation Improvement Bonds, Series 1990B, of the City, dated July 1, 1990, of which $380,000 in principal amount is callable on August 1, 1996. It is hereby found and determined that based upon information presently available from the City's financial advisers, the issuance of the Bonds is consistent with covenants made with the holders thereof and is necessary and desirable for the reduction of debt service cost to the municipality and for the extension or adjustment of the maturities in relation to the resources available for their payment. 5.02. It is hereby found and determined that the Bonds will be sufficient to prepay all of the principal of, interest on and redemption premium (if any) on the Refunded Bonds. 5.03. The Refunded Bonds maturing on February 1, 1997 and thereafter shall be redeemed and prepaid on August 1, 1996. The Refunded Bonds shall be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the forms of Notice of Call for Redemption attached hereto as Attachment B which terms and conditions are hereby approved and incorporated herein by reference. The City is hereby authorized and directed to forthwith publish the Notice of Call for Redemption in a publication qualified under Section 475.54 of Minnesota Statutes and to send written notices of call to the paying agent for the Refunded Bonds, provided that published notice along shall be effective. 5.04. When all Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds shall remain in full force and effect. The City may discharge all Bonds which are due on any data by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof In full with interest accrued to the date of such deposit. Section 8. Authentication of Transcript. 8.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaaer and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be doomed representations of the City as to tho facts stated therein. M109711 MIN -76 8.02. The Mayor and City Administrator are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the beat of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 7: Tax Covenant. 7.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1988, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 7.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 1998) exceed the small -issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small -issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are Issued is not reasonably expected to exceed $5,000,000, within the meaning of Section 148(f)(4)(C) of the Code. 7.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, In such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 7.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Coda, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 285(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds that are not qualified 501(c) (3) bonds) mtoeru *too•se which will be issued by the City (and all subordinate entities of the City) during calendar year 1996 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1996 have been designated for purposes of Section 265(b)(3) of the Code. 7.05. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section S. Book -Entry Svstem; 1.lmited Obliantion of City. 8.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 8.02. With respect to Bonds registered In the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership Interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, Including any notice of redemption, or (ill) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or Interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, promium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all ouch payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown In the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the affect that DTC has determined to substitute a now nominee In place of Cede & Co., the words "Cede & Co.," will refor to such new nominee of DTC; and upon &MG5313 Mateo -56 receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 8.03. Representation Letter. The form Blanket Issuer Letter of Representations letter proposed to be submitted to DTC, which is on file with the Treasurer and presented to this meeting (Representation Letter), is hereby approved, and the City Administrator is authorized to execute and deliver the Representation Letter In substantially the form on file, with such changes therein not inconsistent with law as the City Administrator and the City Attorney may approve, which approval will be conclusively evidenced by the execution thereof. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be compiled with at all times. 8.04. Transfers Outside Book -Entry Buster. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will Issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners is accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging Its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 8.05. Pavments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively In the tmanner provided in DTC's Operational Arrangements, as sot forth in the Representation Letter. Section 9. Continuing Disclosure. 9.01. In order to qualify the Bonds for limited continuing disclosure under paragraph (d)(2) of Securities and Exchange Commlaslon Rules, Section 15c2-12 (the SEC Rule), the City makes the following factual statement and representation: As of the date of delivery of the Bonds, the City will not be an obligated person (as defined in paregrapla (f) of the SEC Rule) with raepoct to Moro than $10,000,000 in aggregate amount of outstanding municipal securities, including the Bonds and excluding municipal securities that were exempt from the SEC Rule pursuant to paragraph (d)(1) thoroof. 9.02. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate to not to be considered an event of default with omiae3►2 lonlo-es respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 9.03. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuanceand delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. anioa3u 0190- of l STATE OF MINNESOTA ) COUNTY OF WIGHT ) SS. CITY OF MON710ELL0 ) i y 1, the undersigned, being the duly qualified and acting City Administrator of the City of Monticello, Wright County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on June 24, 1996 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of f General Obligation Improvement Bonds, Series 1999A of the City. WITNESS My hand officially as such City Administrator and the corporate seal of the City this day of , 1998. anuuu wnwu (SEAL) City Administrator Monticello, Minnesota ATTACHMENT B NOTICE OF CALL FOR REDEMPTION $730,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1990B CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Monticello, Wright County, Minnesota, there have been called for redemption and prepayment on AUGUST 1, 1996 all outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 1990B, dated July 1, 1990, having stated maturity dates of February 1 in the years 1997 through 2001, both inclusive, totalling $380,000 in principal amount, and with the following CUSIP numbers: Year Amount CUSIP 1997 $70,000 614468 PG5 1998 75,000 614468 PJ9 1999 75,000 614468 PLA 2000 80,000 614468 PNO 2001 80,000 614468 PPS The bonds are being called at a price of par plus accrued interest to August 1, 1996, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of American Bank National Association (formerly known as American National Bank and Trust Company), in the City of St. Paul, Minnesota, on or before August 1, 1998. In compliance with the Interest and Dividend Compliance Act of 1983 and Broker Reporting Requirements, the redeeming institution Is required to withhold a specified percentage of the principal amount of your holdings redeemed unless they are provided with your social security number or federal employer identification number, proporly certified. This Compliance should be fulfilled through the submitting of a W-9 Form which may be obtained at a Bank or other Financial Institution. The Registrar will not be responsible for the selection or use of the CUSIP number, nor t any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the Holders. Dated: Juno 24, 1998. BY ORDER OF THE CITY COUNCIL By flntofflf g1f04f City Administrator City of Monticello, Minnesota Extract of Minutes of Meeting of the City Council of the City of Monticello, Wright County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Monticello, Minnesota, was duly held in the City Hall is said City on Monday, June 24, 1996, commencing at 7:00 o'clock P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's approximately $455,000 General Obligation Tax Increment Refunding Bonds, Series 1896B. The City Administrator presented a tabulation of the proposals which had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals were as follows: =un»o oleo-$$ After due consideration of the proposals, Member then introduced the following resolution and moved its adoption: In accordance with the official Terms of Proposal the following adjustments were made: Principal Amount: Maturities: Minimum Purchase Price: RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $ GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1998B; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Monticello, Wright County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. Theproposalof (Purchaser) to purchase f General Obligation Tax Increment Refunding Bonds, Series 1999B (Bonds) of the City described in the Terms of Proposal thereof is determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $ plus accrued Interest to date of delivery, for Bonds bearing interest as follows: Yoar of Interest Year of Interest Maturity Rate Maturity Rate 1997 1999 1998 4000 True interest coat: 1.02. The sum off being the amount proposed by the Purchaser in excess of f is credited to the Debt Service Fund hereinafter created. The City Administrator is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Administrator are directed to execute a contract with the Purchaser on behalf of the City. W 05330 W1W-N 1.03. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapter 475 (Act) in the total principal amount of $ originally dated July 1, 1998, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing aerially on February 1 without option of prior payment in the years and amounts as follows: Year Amount Year Amount 1997 1999 1998 2000 Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be Issued only in fully registered form. The Interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication Is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (li) the date of authentication is prior to the first interest payment date , in which case the Bond will be dated as of the date of original issue. The interest on the Bonds Is payable on February 1 and August 1 of each year, commencing February 1, 1997, to the registered owners of record as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating Went and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Re ster. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the rogistretion of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written Instrument of transfer, in form satisfactory to the Registrar, duly executed by the registored owner thereof or by an attorney duly authorized by the rogletc3rod owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more now Bonds of a lilts aggregate principal amount and maturity, as requested by the tmnsf©rer. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each intomat paymotnt date and until that Interest payment date. aaioeno Milo.%& (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bogd is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated. Lost. Stolen or Destroved Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, In the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, In which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption In accordance with its terms it is not necessary to issue a new Bond prior to payment. 2.04. Appointment of Initial Registrar. The City appoints 'Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and &M01120 IY1f0.06 deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 90 days, notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Executions Authentication and Deliverv,. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the mayor and the City Administrator, provided that all signatures may be printed, engraved or lithographed fanaimiles of the originals. If an officer whose signature or a fecalwdle of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for eLny purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the - manual signature of an authorized repreaentative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authenUcatlon on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 9 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitivo Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 9. Form of Bond. 3.01. The Bonds will be printod or typewritten in substantially the following form: samosmto 10110-61 [Face of the Bond] No. R-_ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF MONTICELLO GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 1996B Date of Rate Maturity OriRlnalIssue CUSIP July 1, 1996 Registered Owner: Cede b Co. The City of Monticello, Minnesota, a duly organized and existing municipal corporation in Wright County, Minnesota (City), acknowledges itself to be indebted and for value received promises to pay to or registered assigns, the principal sum of f on the maturity date specified above without option of prior payment, with Interest thereon from the date hereof at the annual rate specified above, payable February I and August 1 in each year, commencing February 1, 1897, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the Immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by , Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City Council has designated the Issue of Bonds of which this Bond forms e part as "Qualified tax exempt obligations" within the meaning of Section 285(b) (9) of the Internal Revenue Code of 1988, as amended ( the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of Issue. Additional provisions of this Bond are contained on the reverse hereof and such provisions for all purposes have the same effect as though fully act forth in this place. GaI0l1l0 Milo -n This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of Its authorized representatives. 1N WITNESS WHEREOF, the City of Monticello, Wright County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF MONTICELLO, MINNESOTA ( Facsimile) (Facsimile) City Administrator Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative [Reverse of the Bond) This Bond is one of an issue in the aggregate principal amount of $ all of like original issue date and tenor, except as to number, maturityate o� interest rete, all issued pursuant to a resolution adopted by the City Council on June 24, 1996 (the Resolution), for the purpose of providing money to refund the outstanding principal amount of certain general obligation bonds of the City, pursuant to and in full conformity with the Constitution and taws of the State of Minnesota, including Minnesota Statutes, Section 475.87 and Section 498.178 and the principal hereof and interest hereon are payable primarily from tax increments resulting in Increases in the taxable value of real property in a tax increment financing district in the City as set forth in the Resolution to which reference is made fora full statement of Mghte and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated Itself to levy ad valorem taxes on all taxable property In the City in the event of any deficiency in tax increments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are Issued only as fully registered Bonds in denominations of $3,000 or any integral multiple thereof of single maturities. sraoum WIN -so As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so requited, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of Indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Monticello, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. Facsimile Signature) City Administrator The following abbreviations, when used In the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: anto5rm mna-u TEN COAs -- as tenants UNIF GIFT MIN ACT Custodian in common (Cult) (ITnor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minora JT TEN -- as joint tenants with right of survivorship and Act. not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaienteed by a (member of the Medallion Signature Program. ) ( national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges - j The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include Information for all joint owners if this Bond is hold by joint account.) y as�ioum Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Officer of Reiristter Cede & Co. Federal ID 113-2585119 3.02. The City Administrator is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Administrator in substantially the form set forth in the form of Bond. The City Administrator is authorized and directed to execute the certificate in the name of the City upon receipt of the opinion and to file the opinion in the City offices. Section 4. Pavment; Security; Pledges and Covenants. 4.01. (a) The Bonds are payable from the General Obligation Tax Increment Refunding Bonds, Series 19988 Debt Service Fund (Debt Service Fund) hereby created, and certain pledged tax increments (Tax Increments) received by the City are pledged to the Debt Service Fund in accordance with this Section. The City shall maintain a "Series 1987A Subaccount" and a "Series 1990A Subaccount" in the Debt Service Fund. There is appropriated to the Series 1987A Subaccount (i) Tax Increments from Tax Increment Financing District No. S within Redevelopment Project No. 1 administered by the Housing and Redevelopment Authority in and for the City of Monticello (HRA), pursuant to the Tax Increment Pledge Agreement datod April 27, 1987 by and between the City and HRA, as modified by the Amendment to Tax Increment Pledge Agreement of even date herewith and on file with the City, (which amendment is hereby approved for execution by the Mayor and City Administrator) , in the amount necessary to pay 29.556 of the principal and interest due on the Bonds, (U) 29.556 of any amount over the minimum purchase price paid by tho Purchaser, and (ill) 29.55% of the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. There is appropriated to the Series 1990A Subaccount (iv) Tax Increments from Tax Increment Financing District No. 1-1, within Development District No. 1 administered by the City, in the amount necessary to pay 70.456 of the principal and interest duo on the Bonds, (v) 70.456 of any amount over the SM103tt =M -!t minimum purchase price paid by the Purchaser, and (vi) 70.458 of the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. (b) The debt service fund, if any, heretofore established for each of the Refunded Bonds (as defined in Section 5 hereof) is terminated, and all monies therein are hereby transferred to the Series 1987A Subaccount and the Series 1990A Subaccount, respectively, of Debt Service Fund herein created. If any payment of principal or interest on the Bonds will become due when there Is not sufficient money in the Series 1987A Subaccount or the Series 1990A Subaccount of the Debt Service Fund to pay the respective portions of same (allocated in the same portions as described in Section 4.01(a) hereof), the City Finance Director will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for such advances out of the proceeds of the Taxes levied by this resolution, and Tax Increments when collected (such reimbursement to be made from the appropriate Tax Increment Financing District, according to whether the shortfall occurred in the Series 1990A Subaccount or the Series 1990A Subaccount). 4.02. It is determined that estimated collection of tax increments for the payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.03. The City Administrator is directed to file a certified copy of this resolution with the County Auditor of Wright County and to obtain the certificate required by Section 475.93 of the Act. 4.04. It is hereby determined that upon the receipt of proceeds of the Bonds (Proceeds) for payment of the Refunded Bonds that an irrevocable appropriation to the debt service fund for the Refunded, Bonds will have been made within the meaning of Section 475.91, Subdivision 3 of the Act and the City Administrator is hereby authorized and directed to certify such fact to and request the County Auditor to cancel any and all tax levies made by the resolution authorizing and approving the Refunded Bonds. Section S. Refunding: Findings: Redemalon of Refunded Bonds. 5.01. The Refunded Bonds are the General Obligation Tax Increment Bonds, Series 1987A, of the City, dated June 1, 1987, of which $130,000 in principal amount is callable on August 1, 1998, and General Obligation Tax Increment Bonds, Series 1990A, dated July 1, 1990, of which $310,000 in principal amount Is callable on August 1, 1999. It Is hereby found and determined that based upon information presently available from the City's financial advisers, the issuance of the Bonds is consistent with covenants made with the holders thereof and is necessary and desirable for the reduction of debt service cost to tho municipality. 8.02. It is hereby found and determined that the Proceeds will be sufficient to prepay all of the principal of, interest on and redemption premium (if any) on the Refunded Bonds. 161510»to Milo4I 5.03. The Refunded Bonds maturing on February 1, 1997 and thereafter will be redeemed and prepaid on August 1, 1998. The Refunded Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the forms of Notice of Call for Redemption attached hereto as Attachment B which terms and conditions are hereby approved and incorporated herein by reference. The City is hereby authorized and directed to forthwith publish the Notice of Call for Redemption in a publication qualified under Section 475.54 of Minnesota Statutes and to send written notices of call to the paying agent for the Refunded Bonds, provided that published notice alone will be effective. 5.04. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. Section 8. Authentication of Transcrint. 8.01. The officers of the City are authorized and directed to prepare and furnish to the purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, Including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 8.04. The Mayor and City Administrator are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the beat of their knowledge and belief the Official Statement is a complete and accurate representation of the facto and representations made therein as of the date of the Official Statement. Section 7. Tax Covenant. 7.01. The City covenants and agrees with the holders from time to time of the Bonds that It will not take or permit to be taken by any of its officers, employees or agents any action which would cause the Interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1988, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause Its officers, employees or agents to take, all affirmative action within Its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. MOM* mnso-as 7.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the Interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year' 1998) exceed the small -issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4) (C) of the Code. 7.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 7.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entitles of the City) during calendar year 1999 will not exceed :10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1999 have been designated for purposes of Section 285(b)(3) of the Code. 7.05. The City will use Its best efforts to comply with any federal yroeedural requirements which may apply in order to effectuate the designations made by this section. Section S. Book. -Entry System: Limited Obllaation of City. 8.01. The Bonds will be Initially Issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon Initial issuance, the ownership of each such Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede It Co., as nominee for The Depository Trust Company, Now York, New York, and its anuruo g1wi successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 8.02. With respect to Bonds registered in the registration books kept by the Bond Registrar In the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest In the Bonds, (1i) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, If any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered In the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and the words "Code & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Admint trator will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 8.03. Representation Letter. The form of representation letter proposed to be submitted to DTC, which is on file with the City Administrator and presented to this meeting (Representation Letter), is hereby approved, and the City Administrator is authorized to execute and deliver the Representation Letter In substantially the form on file, with such changes therein not inconsistent with law as the City Administrator and the City Attorney may approve, which approval will be conclusively evidenced by the execution thereof. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City In the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be compiled with at all times. 8.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the City Council, determines that It is In the beat interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond WRIO3330 101190." certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing Its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 8.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co. , as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 9. Continuing Disclosure. 9.01. In order to qualify the Bonds for limited continuing disclosure under paragraph (d) (2) of Securities and Exchange Commission Rules, Section l5c2-12 (the SEC Rule) , the City makes the following factual statement and representation: As of the date of deliveryof the Bonds, the City will not be an obligated person (as defined in paragraph (f) of the SEC Rule) with respect to mote than (10,000,000 in aggregate amount of outstanding municipal securities, including the Bonds and excluding municipal securities that were exempt from the SEC Rule pursuant to paragraph (d)(1) thereof. 9.02. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 9.09. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it troy be amended from time to time In accordance with the terms thereof. antoerm 0ao-u The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) COUNTY OF WRIGHT ) SS. CITY OF MONTICELL0 ) 1, the undersigned, being the duly qualified and acting City Administrator of the City of Monticello, Wright County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on June 24, 1999 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the Issuance and sale of $ General Obligation Tax Increment Refunding Bonds, Series 19998 of the City. WITNESS My hand officially as such City Administrator and the corporate seal of the City this day of , 1999. City Administrator Monticello, Minnesota ( SEAL) ATTACHMENT B NOTICE OF CALL FOR REDEMPTION $368,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1987A CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Monticello, Wright County, Minnesota, there have been called for redemption and prepayment on AUGUST 1, 1998 all outstanding bonds of the City designated as Cental Obligation Tax Increment Bonds, Series 1987A, dated June 1, 1987, having stated maturity dates of February 1 in the years 1997 through 1999, both inclusive, totalling $130,000 in principal amount, and with the following CUSIP numbers: Year Amount CUSIP 1997 $40,000 1998 45,000 1999 45,000 The bonds are being called at a price of par plus accrued interest to August 1, 1996, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of American Bank National Association (formerly known as American National Bank and Trust Company), in the City of St. Paul, Minnesota, on or before August 1, 1998. In compliance with the Interest and Dividend Compliance Act of 1983 and Broker Reporting Requirements, the redeeming Institution to required to withhold a specified percentage of the principal amount of your holdings redeemed unless they are provided with your social security number or federal employer identification number, properly certified. This Compliance should be fulfilled through the submitting of a W-9 Form which may be obtained at a Bank or other Financial Institution. The Registrar will not be responsible for the selection or use of the CUSIP number, nor Is any representation made as to the correctness Indicated in the Redemption Notice or on any Bond. It Is Included solely for convenience of the Holders. Dated: June 24, 1998. BY ORDER OF THE CITY COUNCIL By City Administrator City of Monticello, Minnesota ATTACHMENT B NOTICE OF CALL FOR REDEMPTION $580,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1990A CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Monticello, Wright County, Minnesota, there have been called for redemption and prepayment on AUGUST 1, 1998 all outstanding bonds of the City designated as General Obligation Tax Increment Bonds, Series 1990A, dated July 1, 1990, having stated maturity dates of February 1 in the years 1997 through 2000, both inclusive, totalling $310,000 in principal amount, and with the following CUSIP numbers: Year Amount CUSIP 1997 $70,000 1998 75,000 1999 80,000 2000 95,000 The bonds are being called at a price of per plus accrued interest to August 1, 1998, on which date all interest on said bonds will cease to accrue. Holders of the bonds htereby called for redemption are requested to present their bonds for payment at the train office of American Bank National Association (formerly known as American National Bank and Trust Company), in the City of St. Paul, Minnesota, on or before August 1, 1998. In compliance with the Interest and Dividend Compliance Act of 1989 and Sinker Reporting Requirements, the redeeming institution Is required to withhold a specified percentage of the principal amount of your holdings redeened unless they are provided with your social security number or federal employer Identification number, properly certified. This Compliance should be fulfilled through the submitting of a W-9 Form which may be obtained at a Bank or other Financial Institution. The Registrar will not be responsible for the selection or use of the CUSIP number, nor is any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the ]Holders. Dated: June 24, 1999. BY ORDER OF THE CITY COUNCIL By City Administrator City of Monticello, Minnesota C Extract of Minutes of Meeting of the City Council of the City of Monticello, Wright County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Monticello, Minnesota, was duly held in the City Hall in said City on Monday, dune 24, 1996, commencing at 7:00 o'clock P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's approximately $595,000 General Obligation Sewer Interceptor Refunding Bonds, Series 1999C. The City Administrator presented a tabulation of the proposals which had been received in the manner specified in the Terms of Proposal of the Bonds. The proposals were as follows: Dawsin WIN -So After due consideration of the proposals, Member then introduced the following resolution and moved its adoption: In accordance with the official Terms of Proposal the following adjustments were made: Principal Amount: Maturities: Minimum Purchase Price: RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $ GENERAL OBLIGATION SEWER INTERCEPTOR REFUNDING BONDS, SERIES 1996C; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Monticello, Wright County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. Theproposalof (Purchaser) to purchase S General Obligation Sewer Interceptor Refunding Bonds, Series 1996C (Bonds) of the City described In the Terms of Proposal thereof Is determined to be a reasonable offer and Is accepted, the proposal being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 1997 2000 1998 2001 1999 2002 True interest cost: 1.02. The sum of S being the amount proposed by the Purchaser In excess of $ is credited to the Debt Service Fund hereinafter created. The City Administrator is directed to retain the good faith check of the Purchaser, pending completion of the ago of the Bonds, and to return the good faith chocks of the unsuccessful proposers forthwith. The Mayor and City Administrator xl are directed to execute a contract with the Purchaser on behalf of the City. 0JRI0711/ 101190-f6 1.03. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapters 115 and 475 (Act) in the total principal amount of $ , originally dated July 1, 1996, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and which mature serially on February 1 in the years and amounts as follows: Year Amount Year Amount 1997 2000 1998 2001 1999 2002 1.04. Optional Redemution. The City may elect on February 1, 2001, and on any day thereafter to prepay Bonds due on or after February 1, 2002. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 8 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Section 2. Registration and Pavment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (!i) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 1997, to the registered owners of record as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Reaistration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (Registrar) . The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Ra ster. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. WRIC5336 IO190-o6 (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, In Its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and Interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Foos and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolon or DestroVed Bonds. If a Bond becomos mutilated or is des troyod, stolen or lost, the Registrar will deliver a now Bond of like amount, number, maturity data and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in Hou of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, In the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar olaloeus WIN. so an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mall to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in Its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then duo. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficlont for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has boon duly executed by the manual signature of an authorized roprosontativo of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The oxecuted certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this WR105336 10120.5• Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the following form: ( Face of the Bond] No. R-_ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF MONTICELLO GENERAL OBLIGATION SEWER INTERCEPTOR REFUNDING BOND, SERIES 1996C Date of Rate Maturity Original Issue CUSIP July 1, 1996 Registered Owner: Cede 8 Co. The City of Monticello, Minnesota, a duly organized and wdsting municipal corporation in Wright County, Minnesota (City), acknowledges itself to be indebted and for value received promises to pay to or registered assigns, the principal sum of S on the maturity date specified above with Interest thereon from the date hereof at the annual rate specified above, payablo February 1 and August I in each year, commencing February 1, 1997, to the person in whose name this Bond is rogistered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check ordreft by , Minnesota, =1o9J16 0190-96 as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2001, and on any day thereafter to prepay Bonds due on or after February 1, 2002. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company (DTC) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 285(b)(3) of the Internal Revenue Code of 1988, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. Additional provisions of this Bond are contained on the reverse hereof and such provisions for all purposes have the same effect as though fully set forth in this place. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until tho Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Monticello, Wright County, Minnesota, by Its City Council, has caused this Bond to be executed on its behalf by the facaimilo or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF MONTICELLO, MINNESOTA ( Facsimile) ( Facsimile) City Administrator Mayor oaue1H i1w" CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of f all of like original issue date and tenor, except as to number, matu tr y redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 24, 1998 (the Resolution), for the purpose of providing money to refund the outstanding principal amount of certain general obligation bonds of the City, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, Including Minnesota Statutes, Chapters 118 and 495, and the principal hereof and interest hereon are payable primarily from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in taxes pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonde In denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized In writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exclxange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a now Bond or Bonds to be issued in the name of the tmnsforee or registered owner, of the same aggregate principal amount, bearing interest a t the same rate and maturing on the same data, subject to reimbursement for any tax, foe or governmental charge required to be paid with respect to such trensfor or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond Is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of 0.9101336 90190.50 Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the Issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. (Form of certificate to be printed on or accompany the reverse side of each Bond, following a full copy of the legal opinion.) I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Monticello, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. SFacsimile Signature) City Administrator The following abbreviations, when used in the inscription nn the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common Cust (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. omoe�» IOr100•�� ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a [memberof the Medallion Signature Program. ) [ national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. ) The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below Is provided. Name and Address: ( Include information for all joint owners It this Bond is held by joint account.) Please Insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and Interest on the within Bond has been registered on the books of the Registrar in the name of the person lest noted below. Signature of Date of Rcaistration Rcaistorod Owner Ofticorof Registrar Cede 6 Co. Fodoral ID f15-2385118 wsrorr» mnwas 3.03. The City Administrator is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy 6 Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Administrator in substantially the form set forth in the form of Bond. The City Administrator is authorized and directed to execute the certificate in the name of the City upon receipt of the opinion and to file the opinion in the City offices. Section 4. Payment; Security; Pledges and Covenants. 4.01. (a) The Bonds are payable from the General Obligation Sewer Interceptor Refunding Bonds, Series 1996C Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of ad valorem taxes hereinafter levied (Taxes) for improvements financed by the Refunded Bonds as hereinafter defined are hereby pledged to the Debt Service Fund. (b) The debt service fund, if any, heretofore established for the Refunded Bonds as defined in the resolution providing for the issuance and sale of the Bonds, is terminated, and all monies therein are hereby transferred to the Debt Service Fund herein created. If payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Administrator will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of the Taxes levied by this resolution, when collected. (c) There is hereby appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price of the Bonds paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.03. For the purpose of paying the principal of and interest on the Bonds, there is hereby levied a direct annual irropealable ad valorem tax upon all of the taxable property in the City, which will bo spread upon the tax rolls and collected with and as part of other general taxes of the City. Such tax will be credited to the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of levy for collection the following year): Year Lev (Soo Attachment A) 4.03. The City Administrator is directed to file a certified copy of this resolution with the County Auditor of Wright County and to obtain the certificate requirod by Section 475.63 of the Act. OMOD336 wngo-!, 4.04. It is hereby determined that upon the receipt of proceeds of the Bonds (Proceeds) for payment of the Refunded Bonds that an irrevocable appropriation to the debt service fund for the Refunded Bonds will have been made within the meaning of Section 475.61, Subdivision 3 of the Act and the City Administrator Is hereby authorized and directed to certify such fact to and request the County Auditor to cancel any and all tax levies made by the resolution authorizing and approving the Refunded Bonds. 4.05. It is hereby determined that the estimated collection of the foregoing Taxes will produce at least five percent in excess of the amount needed to meet when due, the principal and Interest payments on the Bonds. The tax levy herein provided will be irrepealable until all of the Bonds are paid, provided that the City City Administrator may annuedly, at the time the City makes its tax levies, certify to the County Auditor the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. Section 5. Refunding: Findines: Redemption of Refunded Bonds. 5.01. The Refunded Bonds are the General Obligation Sewer Interceptor Bonds, Series 1988A, of the City, dated May 1, 1988, of which $575,000 in principal amount is callable on August 1 , 1998. It is hereby found and determined that based upon information presently available from the City's financial advisers, the issuance of the Bonds is consistent with covenants made with the holders thereof and Is neoeseary, and desirable for the reduction of debt service cost to the municipality. 5.02. It is hereby found and determined that the Proceeds will be sufficient to prepay all of the principal of, Interest on and redemption premium (if any) on the Refunded Bonds. 5.03. The Refunded Bonds maturing on February 1, 1997 and thereafter will be redeemed and prepaid on August 1, 1998. The Refunded Bonds will be redeemed and prepaid In accordance with their terms and in accordance with the terms and conditions set forth in the forme of Notice of Call for Redemption attached hereto as Attachment B which terms and conditions are hereby approved and incorporated herein by reference. The City is hereby authorized and directed to forthwith publish the Notice of Call for Redemption In a publication qualified under Section 475.54 of Minnesota Statutes and to send written notices of call to the paying agent for the Refunded Bonds, provided that published notice alone will be effective. 5.04. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will reamin in full force and effect. The City may discharge all Bonds which aro due on any dato by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a auto sufficient for the payment thereof in full with interest accrued to the date of such deposit. maioa3H iaioo•e6 Section 6. Authentication of Transcript. 6.01. The officers of the City are authorized and directed to prepare and furnish to the purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 6.02. The Mayor and City Administrator are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 7. Tax Covenant. 7.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of Its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1988, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 7.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary poriods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 1998) exceed the small -Issuer exception amount of $8,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and doclares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) Issued by the City (and all subordinate entities of the City) during the calendar year In which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $8,000,000, all within the meaning of Section 148(f)(4)(C) of the Code. 7.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the moaning of Sections 103 and 141 through 180 of the Code. amr0»H M190.16 7.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1998 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1998 have been designated for purposes of Section 265(b)(3) of the Code. 7.05. The City will use Its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 8. Book -Entry System. Limited Oblieation of City. 8.01. The Bonds will be initially issued In the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth In Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 8.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Code & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, Including but not limited to any responsibility or obligation with respect to (I) the accuracy of the records of DTC, Code & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the dolivory to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (ill) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, If any, or Interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with onlou36 MR1Ye•N respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 8.03. Representation Letter. The form of representation letter proposed to be submitted to DTC, which is on file with the City Administrator and presented to this meeting (Representation Letter), is hereby approved, and the City Administrator is authorized to execute and deliver the Representation Letter in substantially the form on file, with such changes therein not inconsistent with law as the City Administrator and the City Attorney may approve, which approval will be conclusively evidenced by the execution thereof. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 8 04. Transfers Outside Book -Entry Svatem. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging Its responsibilities with respect thereto under applicable taw. In such event, if no successor securities depository is appointed, the City will Issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 8.08. Pavments to Code & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Coda & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. unro»» iarw-as Section 9. Contindne Disclosure. 9.01. In order to qualify the Bonds for limited continuing disclosure under paragraph (d)(2) of Securities and Exchange Commission Rules, Section 15c2-12 (the SEC Rule) , the City makes the following factual statement and representation: As of the date of delivery of the Bonds, the City will not be an obligated person (as defined in paragraph (f) of the SEC Rule) with respect to more than $10,000,000 in aggregate amount of outstanding municipal securities, including the Bonds and excluding municipal securities that were exempt from the SEC Rule pursuant to paragraph (d)(1) thereof. 9.02. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as tray be necessary and approptrlate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 9.03. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The motion for the adoption of the foregoing resolution was duly seconded by +` Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed t;nd adopted. STATE OF MINNESOTA ) ) COUNTY OF WRIGHT ) SS. CITY OF MONTICELLO ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Monticello, Wright County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on June 24, 1998 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $ General Obligation Sewer Interceptor Refunding Bonds, Series 1996C of the City. WITNESS My hand officially as such City Administrator and the corporate seal of the City this day of , 1998. (SEAL) IN City Administrator Monticello, Minnesota ATTACHMENT NOTICE OF CALL FOR REDEMPTION $1,050,000 GENERAL OBLIGATION SEWER INTERCEPTOR BONDS, SERIES 1986A CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Monticello, Wright County, Minnesota, there have been called for redemption and prepayment on AUGUST 1, 1996 all outstanding bonds of the City designated as General Obligation Sewer Interceptor Bonds, Series 1988A, dated May 1, 1988, having stated maturity dates of February 1 in the years 1997 through 2002, both inclusive, totalling $575,000 in principal amount, and with the following CUSIP numbers: Year Amount CUSIP 1997 $ 80,000 1998 85,000 1999 90,000 2000 100,000 2001 105,000 2002 115,000 The bonds are being called at a price of par plus accrued interest to August 1, 1996, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of American Bank National Association (formerly known as American National Bank and Trust Company) , in the City of St. Paul, Minnesota, on or before August 1, 1998. In compliance with the Interest and Dividend Compliance Act of 1983 and Broker Reporting Requirements, the redeeming institution Is required to withhold a specified percentage of the principal amount of your holdings redeemod unless they are provided with your social security number or federal employer identification number, properly certified. This Compliance should be fulfilled through the submitting of a W-9 Form which may be obtained at a Bank or other Financial Institution. The Re�strar will not be responsible for the selection or use of the CUSIP number, aor to any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It Is Included solely for convenience of tho Holders. Dated: Juno 24, 1999. BY ORDER OF THE CITY COUNCIL By City Administrator City of Monticello, Minnesota Council Agenda - 6/24/96 41r, 16 TOW` A- REFFRFNrE AND RACK(3R(1i1Nn: This item is written jointly to the Planning Commission and City Council because the Planning Commission will be addressing the item at a special meeting immediately prior to the City Council meeting. Planning Commission and City Council are asked to consider an appeal from Dennis Hook who was denied a building permit based on a staff concern that the zoning code may not have intended to allow construction of an accessory structure when an attached garage is present. The applicant believes that the building permit should be issued because the city, in the recent past, has allowed detached garages to be built on other lots under similar circumstances, thus setting a precedent. Staff recognizes the prcedent that has been established; however, we were informed by the City Attorney that past practices, if done by mistake, do not dictate that the mistake muet be continued. The mission of the Planning Commission and City Council is to review the code and make an interpretation. Is it your view that the code intended to allow an accessory building in addition to a home with an attached (accessory portion) garage? As you know, the subject property is in an R-2 district. The accessory structure is associated with a duple: on a zero lot line. There are very few instances of detached garages on lots that fit this description. This point is not relevant to the appeal since the code states that accessory uses allowed in the R-1 district are automatically allowed in the R-2 district. Therefore precedent established for R-1 areas in this regard apply directly in applcation to R-2 lots. B. ALTERNATNE ACTION Motion to grant appeal based on the finding that it is the intent of the ordinance, as currently written, to allow a detached accessory structure in addition to a home that has an attached garage. Under this alternative, city staff would issue a building permit. Future efforts or discussion regarding regulation of accessory structures on smaller R•2 lots will occur in the near fwwe. Of course, any code changes that result will not apply to the Hook situation. Council Agenda - 6124/96 Motion to deny appeal based on the finding that it is the intent of the code to consider an attached garage as meeting the definition of a private accessory structure. Thus an additional detached accessory structure is not allowed since only one accessory structure is allowed per dwelling. According to the City Planner, a case could be made for this interpretation under the existing code. This alternative is not consistent with past practices. However, according to the City Attorney, from a legal standpoint mistakes of the past do not necessarily require that the City continue to make the same mistake. C_ STAFF RF.COMNMNDATION: It is difficult for me and others on staff to determine precisely what the intent of the code is; therefore, we do not have a recommendation. As stated earlier, legal precedent has not been set if the precedent is due to a mistake. However, from a fairness standpoint, Planning Commission and City Council may wish to grant the permit to build based on the precedent, then act swiftly to close the door (if so desired) on future requests via the zoning ordinance amendment process. As you know, a moratorium on accessory building is in place with a public hearing on code changes set for the July planning cycle. D. SUPPORTING DATA: Copy of letter requesting appeal; Copy of excerpt from zoning ordinance; Copy of site plan. El .Dennis Hook 220 Marvin Elwood Rd. Monticello. MN 55362 (612) 295-5866 City of Monticello Jeff O'Neil 250 East Broadway PO Box 1147 Monticello, MN 55362 Re: Lot 13, Block 1, The Meadows Subdivision Ooar Mr. O'Neil: I am writing in response to your letter I received May 25, Vj,%. I would like to appeal your decision concerning the denial of a building permit for an accessory building on Lot 13, Block 1. i would like this matter to be brought up at the City Council meeting on June L0, 1996 so please do put this on the agenda. Thank you for taking the time to review my request_ Sincerely Yours Oennia Hook OH/bh W. 9A- measurements of such area or width are within seventy-five (75) percent of the requirements of this ordinance. Except in the case of planned unit development as provided for in Chapter 20 of this ordinance, not more than one (1) principal building shall be located on a lot. The words "principal building" shall be given their common, ordinary meaning; in case of doubt or on any question or interpretation, the decision of the Building Inspector shall be final, subject to the right of appeal to the Planning Commission and City Council. 5. On a through lot (a lot fronting on two (2) parallel streets), both street lines shall be front lot lines of applying the yard and parking regulations of this ordinance. (D) ACCESSORY BUILDINGS, USES, AND EQUIPMENT: 1. An accessory building shall be considered an /V integral part of the principal building if it is connected to the principal building either directly 1.1.146.� or by an enclosed passageway. O� ycf� /z, 2. No accessory building shall be erected or located within any required yard other than the rear yard. 3. Accessory buildings and garages shall not exceed fifteen (15) feet in height and shall be ten (10) feet or more from all side lot lines of adjoining lots, five (5) feet or more from the rear lot line, shall be ten (10) feet or more from any other building or structure on the same lot, and shall not be located within a utility easement. 4. No accessory building or garage shall occupy more than twenty-five (25) percent of a rear yard, nor' exceed one thousand (1,000) square feet of floor area. 5. E%.RW1tshall pe f&ssued e o more hien ane private accessory et.nic urs Each pT canes t %or n ouiiu ng permit to construct any dwellings shall be required to provide off-street parking space for at least one (1) automobile per family to be housed in addition to any garage space to be used. (7/22/91, 1211) MONTICELLO ZONING ORDINANCE 9 8 3/5 (FHJ FLOOD PLAIN: The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood. [FIJ FLOOD PROFILE: A graph or a longitudinal plot of :rater surface elevations of a flood event along a reach of a stream or river. [FJJ FLOODWAY: The channel of the watercourse and those portions of the adjoining flood plains which are reasonably required to carry and discharge the regional flood. [FK] FLOOR AREA: The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production of processing goods, or to business or professional offices. However, the floor area shall not include: basement floor area other than area devoted to retailing activities, the production or processing of goods, or to business or professional offices. The floor area of a residence shall be allowed to include thirty (30) percent of the area of attached garages, not to exceed 96 square feet, and fifty (50) percent of enclosed breezeways or porches, not to exceed 96 square feet (48 sq. ft. credit), but shall not include basement area, unless the basement shall be determined to be a story as defined herein. (FLJ FLOOR AREA - LIVABLE: The total of all floor areas of a building, excluding equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public. (9/23/94, #251) (GAJ GARAGE - PRIVATE: An accessory building or acc ppoortion.of the ErinrgJn 1 ulg"Mwhich is inten or ahu uvea to store the private passenger vehicles of the family or families resident upon the premises and in which no business service or industry is conducted, provided that not more than one-half (1/2) of the space may be rented for the private vehicles of persons not resident on the promises, except that all the space in a garage of one (1) or two (2) car capacity may be so rented. (GBJ GARAGE - PUBLIC: A building or portion of a building, except any herein defined as a private garage or as ropair garage, used for the storage of motor vehicles or where any such vehicles are kept for remuneration of MONTICELLO ZONING ORDINANCE �� 2/13 CHAPTER 2 RULES AND DEFINITIONS SECTION: 2-1: Rules 2-2: Definitions 2-1: RULES: The language set forth in the text of this ordinance shall be interpreted in accordance with the following rules of construction: (A] The singular number includes the plural and the plural the singular. [B] The present tense includes the past and the future tenses, and the future the present. [C] The work "shall" is mandatory while the word "may" is permissive. (D] The masculine gender includes the feminine and neuter. 2-2: DEFINITIONS: The following words and terms, wherever they occur in this ordinance, shall be interpreted as herein defined: (AA) ACCESSORY BUILDING OR USE: A subordinate building_or use which is -located on .the -same ,lot- om wliich:the stain . building=,or.-use;'ts,a}tarited:andovh�ch"ie°rees'onably neceeeary and•faefdeataI-to the"conduct"of Che primary use of such building or main use. = (AB) ADDRESS SIGN: A sign communicating street address only, whether written or in numerical form. (AC) ADMINISTRATIVE PERMIT: A temporary permit granted by the Zoning Administrator, after City staff approval, without• a public hearing, granted to a specific individual at a specific location, to address those requests and proposals for specific uses that are not allowed under the strict provisions of this ordinance, but that present no apparent conflict with the intent of this ordinance. An administrative permit may be renewed indefinitely but cannot, under any circumstance, be transferred to another person or location. An administrative permit may be revoked upon ton (10) days' written notice when and if the uao evolves into a use determined to be in violation of thin ordinance. MONTICELLO ZONING ORDINANCE Oh 2/1 A/ om h oB � n,rAiCi V—Ol e m;A. e 00, o lu 001 i 0. SUaJECT TO fELD INSPECTION Appm ED-nov 00 Council Agenda - 6/24/96 10. Consideration of approval of aconditional use permit allowing a *co n ned unit develanment in an R-2 zone. A-li�enf,.tohn"R .ak_. (J.0. ) .. nWMAIN Agenda items 10 & 11 are outlined in the attached report from Steve Grittman. Item 10 is Decision 1 in Grittman's report Item 11 is Decision 2 in Grittman's report. FCA JUN 11:18 NRC 612 595 9837 P.02/05 Northwest Associated Consultants, Inc. C 0 M M U N I T V PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Monticello Mayor and City Council Monticello Planning Commission FROM: Stephen Gd tman DATE: June 19, 1998 RE: Monticello - Prairie West 2nd Addition FILE NO: 191.07 - 98.07 A REFERENCE AND BACKGROUND Cedrue Creek Craftsman is requesting approval of a Conditional Use Permit for a Planned Unit Development in the R-2 District and Preliminary Plat for Prairie West 2nd Addition. This project is an extension of the PUD twinfuxme development on Prairie West tat Addition to neighboring properties, Including the'Hanaiwalr,-Banyai', and'Katzrmarek' parcels. The subject property consists of 4.77 awes, 4.16 acres of which are being proposed for development. The remaining .61 acre parcel lies west of Otter Creek A small portion of the property east of the Creek (.36 aces) is subject to the Flood Protection requirements, leaving a developable area of approximately 3,8 acres, and .97 ac of property programmed for open space. The original Prairie West twinhome project consisted of ten units in five twinhome structures. The proposed 2nd Addition adds twenty untts In two quad unit bulldings and six twinhomo buildings. The proposal modifies the private cul -de -sae in the let Addition and extends to a point of intersection with West Broadway approxlmatoly 170 feet east of Otter Crook The area Is zoned R-2, which permits single family and tvdnhomes, and allows townhouses and four -unit buildings by Conditional Use Permit. The Conditional Use Permit PUD would allow the same uses, but also permit the use of the private street. This propose) is similar to tho Klein Farms hvinhome project, which also utilized a PUD to porm8 a private street serving a series of twinhome buildings. In the Klein Fauns project, 5775 Wayzata Blvd. - Suite 555 - St. LOOS Park, MN 55416 • (612) 595 -9838 -Fax. 595-9837 oZ JUN -21-1996 11:18 NRC 612 595 9837 P.&VM the City accepted enhanced landscaping as adequate rationale for the use of PUD design. There, the developer had platted the project from the beginning, but the landscaping added to the area was deemed to be adequate to compensate for the lack of the required street For Prairie West 2nd, the development property is a combination of several pre-a)dsting parcels, squeezed between the Buri tpton Northern Railroad and a County Highway (Vilest Broadway). Planned Unit Development is a tool which allows the City to modify its development standards when strict adherence to the standards would not result in a project which fulls the intent of the Comprehensive Plan and Zoning Ordinance. Application of the typical zoning standards to the Prairie West 2nd property would result In a very difficult development site. The property is too shallow to allow a full City street to divide it with adequate setbacks for structures on either side. The only alternatives are to construct a full street with structures on only one side (typically considered inefficient and unfeaslble) or to divide the property into a series of lots fronting Individually on West Broadway (counter to City and County policy). As a result, this property Is a good candidate for Planned Unit Development. To ensure that the PUD process is not being used merely to circumvent Zoning Ordinance requirements, one common method of enhancing the project is through the use of intensified landscaping. The developers of Prairie West 2nd have indicated that they intend to create a prairie theme in their landscape planning. According to Section 20-2 [FI of the Planned Unit Development Chapter of the Zoning Ordinance, the developer Is required to prepare and submit such a plan which is subject to the approval of the City Council. No landscaping plan has been submitted. A landscape which utilizes the prairie themes of the site and the architecture would be in line with the intent of the PUD Ordinance. However, without a plan, the City has no way to evaluate this issue. Tttls issue could be of specific Importance to the City in the treatment of the City's pathway development and the use of the property west of Otter Creek. This area could be a very attractive public space, particularly if designed natively with the site treatment in the Prairie West 2nd project In addition, there Is a large area of private open space adjoining West Broadway which will require some coordinated landscape planning. With regard to the general design of the project, the site plan appears to adopt the performance standards of Prairie West 1st. These include setbacks to West Broadway of approximately 35 feat, setbacks to the Railroad right-of-way of 25 feet, and interior building separation of 20 feet, all acceptable design standards. The overall lot area per unit of the project Is approximatoly one unit par 9,060 square foot Including the flood plain area east of the creek Excluding that undevelopable portion, lot area exceeds 8,275 square foot per unit Standard R-2 densities would allow one unit on as little as 6,000 square feet of lot area, depending on lot configuration, JUN -21-19% 11:19 NAC 612 595 9837 P. 04/25 Grading, Drainage, and Utility plans have been submitted as a part of the applicatlon. These plans are subject to the review and approval of the City Engineer and Public Works stall. a. ALTERNATIVE ACTIONS: Decision One: Request for a Conditional Use Permit for a Planned Unit Development a. Approval of the Conditional Use Permit for the Development Stage PUD Plans as presented. Potential findings supporting this decision would be: • The proposal is consistent with the Land Use Plan. • The proposal is consistent with the current land use In the area. • The pmposel Is consistent with the purpose of the Planned Unit Development section of the Zoning Ordinance. b. Approval of the Condltional Use Permit for the Development Stage PUD Plans, subject to the folWng conditions: I. Submission of a Mailed landscape plan for review prior to final stage PUD approval. ii. Coordination with the City In developing the public open space to the west of Otter Creek. ill. Approve] of the City Engineer and Public Works with regard to Grading, Drainage, and Utility Issues. Potential findings supporting this decision would be: • The proposal Is consistent with the Land Use Plan. • The proposal is oonsistent with ft current land use In the area. • The proposal would be conaistont with the City's use of Planned Unit Development with appropriate landscaping and architectural design. C. Daniel of the Conditional Use Permit PUD. Potential findings supporting this dedsbn would be: • Tho proposal Is Inconsistent with the Cigh requirement for public street construction. I JUN -21-1996 11:19 MX 612 5%9837 P.05i05 The proposal is inconsistent with the predominant existing land use of single family residential to the north and west. Decision Two: Request for a Preliminary Plat for Prairie West 2nd Addition. a Approval of the Preliminary Plat for Prairie West 2nd Addition as presented, subjM to approval of the PUD, and win, enb of the City Engineer and Public Works staff. b. Denial of the Preliminary Plat for Prairie West 2nd Addition as pnassentted. C. STAFF RECOMMENDATION: The lack of landscape plana submitted as a part of this development proposal puts the project at odds with both City Ordinance and practice. The project appears to meet the Intent of the City's land use planning efforts, and would make efficient use of land which is constrained by major development bmrlers, including the creek, the railroad, and the County Highway. However, as with Main Farms, landscaping of a PUD is an important element In the Cm/s finding that the project Is worthy of PUD treatment In order to assure consistency with past City practices, and to provide a baseline of precedent for future development requests, it is strongly reownmended that the landscape plans be submitted prior to final approval of this project. Thus, aloft rocmvraWs approvals of both the PUD end Preliminary Plat with conditions as cited in Decision One, alternative b, and Decision Two, alternative a. Exhibit A - Zoning Map and Site Location Exhibit B - Preliminary Plat Exhibit C - Street and Utility Plan Exhibit D - Grading and Drainage Plan Copies of preliminary plat R TOTAL P. 05 J ' PrelilnirLary Plat * ' CEDRUS CREEK CRAFTSMAN \; • �S °s� 8ro PRAIRIE NEST 2ND ADDITION cr 14, ti \ ' • • •\ C h 1i / as /(R� w • ren ^ � _ _ _- _ ?W p� Ry !'•� OR ------- I ......................... 1: ct Burlington Northern RR -------------------- ...... . I I C, ii I I I a 01 1111 1 a i j go I I i I I 10 1 111 17, POP 914 v ;,!j 6 Inn =:s 10.00 w .Do M .00 OD 4 cr =16 Ear-" IL IL M7AC 4 =16 4 Council Agenda - 6/24M 12. Consideration of accepting the 1996 audit revert for the City of Monticello, (R.WJ A_ RFIFERF.NrF. ANn BA .K .ROLTM: Mr. Rick Borden and/or Mr. Kim Lillehaug of Gruys, Borden, Carlson & Associates, will be present at the meeting to present a brief overview of the 1995 audit report that has been recently completed by their firm. A copy of the report was previously sent to each Council member for review. I realize that this lengthy report is hard for the Council to review and analyze in such a short period of time, but the report needs to be accepted by the Council prior to the end of June, as it has to be submitted to the State Auditor by June 30, 1996. After the brief presentation of the report, if the Council feels that they would like additional time to review the report, this item can again be scheduled at a future Council meeting for additional discussion. Should any of you have any specific questions regarding the information presented in the audit report, you may contact me prior to Monday night's meeting, or you may wish to speak to Mr. Kim Lillehaug, and we will try to answer any questions you may have. After the review Monday evening, Mr. Lillehaug would be available for questions by the Council by simply calling in for an appointment. Overall, I believe the City is in good financial condition, and 1995 saw increases again in our fund balances in almost all funds at year end. These increases in fund balances are in effect additienal surpluses that have accumulated and result from revenues exceeding expenditures in a given year. As I noted previously, the auditor will review with the Council the financial condition of the City and highlight any specific points during their presentation. B.Iii-TERNATIVP ACTIONS; 1. The Council should accept the 19M audit report as presented so that it may be submitted to the State Auditor by the required June 30 deadline. D. SUPPORTING DATA; None (audit previously sent to Council). Council Agenda - 6/24/96 13. bituminous payincr et publip. works hulldinaWd commnter llaXJL ng lam. Q.S.) A. RFFF.RF.NCF AND AACKGROIIND: At a meeting of the Council on May 28, 1996, it was approved to advertise for bids for overlaying of the commuter parking lot and overlaying at the Office of Public Works to expand a small area of the parking area. PASTA: We originally budgeted $25,000 for overlaying of the commuter parking lot in 1993. We have received two bide for this work, the high bid being $25,032.00 and the low bid being $21,986.55. The low bidder is Buffalo Bituminous, Inc. of Buffalo, Minnesota. PSH: We have placed an amount of $20,000 in the 1996 budget for overlaying and expansion of the parking lot at the Office of Public Works. For this work, we also received two bids. The high bid was $10,105.00 and the low bid was $10,040.00. The low bidder is Bauerly Bros. Companies of Sauk Rapids, Minnesota. Combining the two projects, Buffalo Bituminous' total is $32,001.55, and Bauerly Bros. has a total of $35,072.00. Combining the budget for both projects is $45,000.00; therefore, awarding the oontract to either company would be well within that amount. B. ALTFRNATM ACTIONR; The first alternative is to combine Part A and Part B and award the contract to Buffalo Bituminous with their overall low bid for the two projects being a total of $32,001.55. The second alternative would be to do only one of the projecta at this time and award the contract to the lowest bidder for the project that you decide to do. The third alternative would be to rejoct all bide and do nothing at this time. Council Agenda - 6/24/96 C_ STAFF RECOMMENDATION: It is the recommendation of the City Administrator and Street & Parks Superintendent that City Council award the contract U Buffalo Bituminous for overlaying of the commuter parking lot, and overlaying and expansion of the parking lot at the Office of Public Works as outlined in alternative #1. Copy of bid tabulation. MONTICELLO Concrete Curbing, Bituminous Paving And Appurtenant Work For Trio City of Monticello, Minnesota EXTENSION OF BIDS REM I DESCRIPTION I UNIT BASE BID A: CONOUTER PARKOMO LOT 1. 70 Tons 02331 Plant Mixed TON Bituminous 2. 360 Gall" of Tack Coal 62357 GAL 3. 835 Tons 02341 Plant Mixed TON Bituminous BASE BID AMOUNT TOTAL (A) ADO AL TERNA TE B: OFFICE OF PUBIJC WORKS 1. 55 Cubic Yards Common Ex CU YU 2. 210 Linear Feet 8012 Concrete LN FT Curb as SDeo4bd 3. 25 Tons 02331 Want Mired TON Bituminous 4 100 Gallons of Tack Coat 02357 CAL 5 220 Toro 02341 Want Mand TON Bituminous 6. 35 Calc Yards of Class V CU YD ADD ALTERNATE BID AMOUNT TOTAL (Bi TOTAL DID AMOUNT (A B) C"F1LLWW*FAVE9GTW VAM LOW BIDDER BuffaloBituminous, Inc. P.O. Box 337 Buffalo, MN 55313 Phone 04612)682-1271 UNR PRICE I SUBTOTAL $50.00 0.70 21.73 $6.00 1400 3500 100 25.30 840 $3.500.00 252.00 18,144.55 :21,898.55 $33000 2,940 DO 87500 10000 5,56600 29400 $10,10500 $32.00155 June 20, 1996 10:00 am. 2ND BIDDER Sauery Bros. Companies 0787 Shadowwood Drive NE Sauk Rapkla, MN 56379-9690 Phone 41251-9,472 UNIT PRICE I SUBTOTAL $28.00 $1,960.00 1.00 360.00 27.20 22,712.00 625,032.00 $10.00 $55000 10.50 2,205 00 30.00 75000 1.00 10000 27.50 6,05000 1100 38500 $10,04000 $35,072 00 /3A CITY COUNCIL UPDATE lune 21,1996 from 011ie Koropchak, HRA Executive Director This is an informational item updating the Councilmembers on the redevelopment project known as Prairie West. This update refers only to the Katzmarek parcel. Based on the recommendation of the City Council and upon results of an HRA request for the redeveloper (Komarek) to survey the Katzmarek parcel for potential development, the Private Redevelopment Contract between the City, the HRA, and Cedrus Creek Craftsman, Inc. is revised accordingly. The survey results indicated that the easterly portion of the Kat mwd parcel was developable. One additional housing unit will be constructed within the redevelopment project but outside the TIF District. In light of potential environmental contamination of the Katzmarek property and the potential liability that could be incurred by the HRA if the HRA took title to the property, it is in the best interest of the HRA for the redeveloper to acquire the Kaumwek property. The HRA will reimburse the redeveloper for the acquisition and relocation costs of $145,000. Katzmarek must acknowledge and represent to the HRA his acknowledgement of satisfaction of obligation to provide relocation and related services. Upon platting the Praire West 2nd Addition, the redeveloper shall dedicate to the City as park and open space the westerly portion of the Katzmarek properny and the City agrees that the dedication satisfies the park dedication requirement under the City subdivision ordinance. The 2nd Addition plat consists of approximately 4.77aera and the westerly portion of the Katzmarek pawl is approximatley .6I acres meeting the park dedication requirement. lie easterly/westerly boundary of the Katzmarek parcel will be the approximate line of Otter Creek. Enclosed is a copy of the preliminary plat. If you should have comments or additional questions, please inquire. C Preliminary Plat g• - I - t. �\ cs CEDRUS CREEK CRAFTSMAN PRAIRIE WEST 2ND ADDITION 04 00 ., C77: M7- _ _ �',o�/off � �� �L�• .�r ` �'av •iii' •' ` ^• �� .� , � \� 4 Wit•" '_"� ^�_`� m :'e �uae:'u= .�(fie°4 �•�a.• _ �•. .. o�^rf L' -RC FINANCIAL SYSTEM 05/28/96 08:25:09 1, RANT DATE VENDOR GENERAL CHECKING 40503 05/?8/96 MN DEPART OF NATURAL 40504 05/28/96 WRIGHT COUNTY RECORD 40505 05/28/96 LEAGUE OF MINNESOTA 40506 05/28/96 BARTON SAND & GRAVEL 40507 05/28/96 WRIGHT COUNTY AUDITO 40508 06/03/96 ABM EQUIPMENT & SUPP 40509 06/03/96 AGASSI7 ENVIRONMEN'A 40510 06/03/96 CENTRAL MINN INITIAT 40511 06/03/86 EHLERS & ASSOC.INC P 40511 06/03/96 EHLERS & ASSOC.INC P 40512 06/03/96 FLICKER'S T.V. & APP X513 06/03/96 HERMES/JERRY 40514 06/03/86 HOLIDAY CREDIT OFFIC 40514 06/03/96 HOLIDAY CREDIT OFFIC 40515 06/03/96 MED -COMPASS. INC. 40516 06/03/96 MON TICELLO ANIMAL CO 40517 06/03/96 MONTICELLO SENIOR CI 40518 OG/03/96 MON TICELLO TOWNSHIP 40519 06/03/96 SHAC-E TREE CONSTRUCT 40520 06/03/96 SIMPSON/CYNTHIA 40521 06/03/96 TPS IELECOM 40522 06/03/90 WRIGHT COUNTY AUDIT) 40523 06/03/06 WRIGHT COUNTY DEPT 0 '0524 06/03/96 WRIGHT COUNTY RECORD Disbursement Journal DESCRIPTION AMOUNT 11B WATER/ATV/SNOW REG 2,305.00 254 RECORD DEED/C HILLS IV 19.50 98 REG FEE/RICK W 265.00 305 SAND/STREET DEPT 163.02 219 TAXES/C HILLS IV 55.83 601 GARBAGE CARTS/REFU 22.735.64 761 TESTING/FIRE DEPT 723.46 822 CMIF GRANT PAYMENT 1. 100.21 933 PROF SERV/PRAIRIE WES 682.50 933 MISC PROF SERV/HRA 557.50 I . ?40.00 60 BATTERY/CAMERA/C HALL 31.94 81 LIBRARY CLEANING CONT 277.50 85 GAS/FIRE DEPT 108.17 85 GAS/MATER DEPT 20.81 128.98 695 MEDICAL EXAM/FIRE DEPT 51.49 185 ANIMAL CONTROL CONT 1.129.70 139 MONTHLY CONTRACT PV 7.833.33 399 OAA CONTRACT PAYME 13.150.00 1050 REIMS/ESCROW/TREES 500.00 999 FIRE HALL CLEANING 50.00 95D LIBRARY PHONE CHARGES 09.37 219 SCERG GRANT PAYMENT 2 , 760.51 275 MAPS FOR RESALE 31.?0 254 AOD'L RECORDING FEE/C H 6.50 BRC FINANCIAL SYSTEM 105/28/96 08:25:09 P ..RANT DATE VENDOR GENERAL CHECKING 40525 06/03/96 WSB & ASSOCIATES, IN 40525 06/03/96 NSB & ASSOCIATES, IN 40525 06/03/96 MSB & ASSOCIATES. IN 40525 06/03/96 WSB & ASSOCIATES. IN 40525 06/03/96 WSB & ASSOCIATES, IN 40525 06/03/96 MSB & ASSOCIATES, IN GENERAL CHECKING Disbursement Journal DESCRIPTION AMOUNT 993 ENG FFES/POUSTA STORA 467.50 993 ENG FEES/KANT SING 1,700.00 993 ENG FEES/COMM 3RD A 1,337.50 993 ENG FEES/SURVEY/KLEIN 127.50 993 ENG FEES/SENIOR HIGH 592.50 993 ENG FEES/RIVER MILL 510.00 4,735.00 TOTAL $4,913.18 RFC FINANCIAL SYSTEM :/04/96 10:36:54 WARRANT DATE VENDOR GENERAL CHECKING 40458 05/30/96 RUFF AUTO PARTS 40518 05/30/96 MONTICELLO TOWNSHIP 40526 05/30/96 STEARNS COUNTY NATIO 40527 05/30/96 WRIGHT COUNTY RECORD - 40528 05/30/96 WRIGHT COUNTY AUDITO - 40529 05/30/96 U.S. POSTMASTER 140530 05/30/96 KENNEDY & GRAVEN 40531 05/30/96 MN DEPART OF NATURAL 40532 05/30/96 P C CENTER OF MINNES 40533 05/30/96 A GLORIUS CHURCH GENERAL CHECKING 11 Disbursement Journal DESCRIPTION AMOUNT 768 CHECK VOIDED 258.04rR 399 CHECK VOIDED 13.750.000R 1051 GMEF LOAN NO 011/ 100,000.00 254 REC FEE/TAPPER LOAN 19.50 219 FILING FEE/TAPPER LOA 235.00 210 POSTAGE/NEWSLETTTERS 388.26 939 LEGAL FEES/TAPPER L 1,348.52 118 MATER/SNOW/ATV RE 1.270.00 1013 2 COMPUTERS 4,780.31 90432 PARTIAL ESCROW REIM 5.872.00 TOTAL 99.905.55 BFC FINANCIAL SYSTEM 06/04/96 14:05:41 `pARRANT DATE VENDOR Disbur3ement Journal DESCRIPTION AMOUNT 40538 06/0$/96 FEEDRITE CONTROLS, I 40539 06/05/96 FLICKER'S T.V. & APP 40540 06/0$/86 GLEASON PRINTING, IN 40541 06/05/96 HEART OF THE LAKES C 40542 06/05/96 HOGLUND COACH DINES 40543 06/05/96 LKM CLEANING 40543 06/05/96 LKM CLEANING 40544 06/05/96 LUKACH/JOHN 40'i44 06/05/96 LUKAA'I-0/.J0HN 40!,44 06/05/96 LUKACH/JOHN 40444 06/05/96 LUKACH/JOHN 1,0545 OG/05/96 MAUS 1:0005 40545 06/05/06 MALI$ FOODS 40445 06/05/90 MAUS F00013 40`45 06/05/96 MAUS FOODS 4094; OG/05/96 MAUI, F0005 56 MISC PROF SERV7CES/WAT 98.00 60 RECORDER/BLD INSPECT 65.80 849 BLD INSPECTION NOTICES 69.00 1053 REIMS/ESCROW/TREES 780.00 403 HEARTLAND EXPRESS C 5.505.66 999 CLEANING/OEP REG OFF 366.06 998 CLEANING/P WORKS OFF 332.02 718.09 327 GENERAL CHECKING 61.17 327 MILEAGE REIMS 20.39 40534 06/05/96 AMERICAN PAGING OF M 951 PAGER CHARGES 18.38 40534 06/05/96 AMERICAN PAGING OF M 951 PAGER CHARGES 9.19 40534 06/05/96 AMERICAN PAGING OF M 951 PAGER CHARGES 25.29 40534 06/05/96 AMERICAN PAGING OF M 951 PAGER CHARGES 9.19 40534 06/05/96 AMERICAN PAGING OF M 951 PAGER CHARGES 9.19 40534 06/05/96 AMERICAN PAGING OF M 951 PAGER CHARGES 9.19 40534 06/05/96 AMERICAN PAGING OF M 951 PAGER CHARGES 9.19 40534 06/05/96 AMERICAN PAGING OF M 951 PAGER CHARGES 9.19 98.81 40535 06/05/96 ARMA INTERNATIONAL (6/ 26 MEMBERSHIP DUES 150.00 W rl 40536 06/05/96 RFI TIRE RECYCLERS 1052 TIRES/JUNK AMNESTY DA 575.00 40537 06/05/96 CELLULAR 2000 OF ST 794 CAR PHONE CHARGES 31.69 40537 06/05/96 CELLULAR 2000 OF ST 794 CAR PHONE CHARGES 1.25 40537 06/05/90 CELLULAR 2000 OF ST 794 CAR PHONE CHARGES 26.98 40537 06/05/96 CELLULAR 2000 OF ST 794 CAR PHONE CHARGES 68.85 128.17 40538 06/0$/96 FEEDRITE CONTROLS, I 40539 06/05/96 FLICKER'S T.V. & APP 40540 06/0$/86 GLEASON PRINTING, IN 40541 06/05/96 HEART OF THE LAKES C 40542 06/05/96 HOGLUND COACH DINES 40543 06/05/96 LKM CLEANING 40543 06/05/96 LKM CLEANING 40544 06/05/96 LUKACH/JOHN 40'i44 06/05/96 LUKAA'I-0/.J0HN 40!,44 06/05/96 LUKACH/JOHN 40444 06/05/96 LUKACH/JOHN 1,0545 OG/05/96 MAUS 1:0005 40545 06/05/06 MALI$ FOODS 40445 06/05/90 MAUS F00013 40`45 06/05/96 MAUS FOODS 4094; OG/05/96 MAUI, F0005 56 MISC PROF SERV7CES/WAT 98.00 60 RECORDER/BLD INSPECT 65.80 849 BLD INSPECTION NOTICES 69.00 1053 REIMS/ESCROW/TREES 780.00 403 HEARTLAND EXPRESS C 5.505.66 999 CLEANING/OEP REG OFF 366.06 998 CLEANING/P WORKS OFF 332.02 718.09 327 MILEAGE REIMS 61.17 327 MILEAGE REIMS 20.39 327 MILEAGE REIMB 20,39 327 'MILEAGE REIMn 20.30 122.33 108 SUPPLTIi:i/CITY HALL 27.02 100 SUPPLIL�-/JUNK AMNESTY 37.33 108 SUPPLIES/I.IRRARY 6.70 100 GUF'PLIES/ANIMAL CONTF:OL 6.07 100 LUPPLIES/WATER OICPT 4.00 01.97 `1 .,0446 06/05/9G MN CLERK'; & MIN OI:FI 315 MEMnERSHIP DUEO/KARLN 25.00 ♦ E'.RC FINANCIAL SYSTEM 06/04/96 14 :05:41 �aARRANT DATE VENOOR GENERAL CHECKING 40547 06/05/96 MONTICELLO ANIMAL CO 40548 06/05/96 O'NEILL/•JEFF 40549 06/05/96 ORR-SCHELEN-MAYERON 40549 06/05/96 ORR-SCHELEN-MAYERON 1 Z 40550 06/05/96 RUFF AUTO PARTS 40551 06/05/96 SHUMAN/CATHY 40552 06/05/96 U S LINK 40552 06/05/96 U S LINK 40552 06/05/96 U S LINK 40552 06/05/96 U S LINK 40552 06/05/96 U S LINK 40552 06/05/96 U S LINK 4055? 06/05/96 U S LINK ,0553 06/05/96 U.S. POSTMASTER 40554 06/05/96 WRIGHT HENNEPIN SECU 40554 06/05/96 WRIGHT HCNNEP(N SECU 40555 06/05/96 WRIGHT-HCNNEPIN COOP 0556 06/0,/x6 W',R F. A', F -()(I ATF �;. IN n1)75r, 06/05/96 WOO & ASID OCIAIF5 IN 56 06/05/96 WSB F• AC. CCI ATI f•, 114 409'rG 06/05/96 WSB & AS:;OCIAFL';, IN 40`.S6 06/05/96 WSB & A:,`_•OCIAT( L.. IN 40556 00/05/96 WSO & A'1':JCIATC3, IN 605yE. 06/05/96 W:;Et & ALEOCIATES, IN U55 (i OG/05/9G WSI1 & A" OCIATI-S, IN 1, 0!+'uG OG/05/96 WSPF- AS GOCIATE C, )N 40!iy6 UG/09/9(1 W';11 & A; OCIArF3, IN 40556 06/05/96 WSC F A'.. OCI ATE5, IN 41151),6 00/U5/96 W',B & AGGOC IAT f: S, IN 40;56 06/0'.+/06 WSB & A:: OiIAlIL, IN 40556 06/05/9G W''B & A';"UCIATI 1N 01,G E, 06/05/96 W..L' L A', ATE 1N h0Uy6 OG/0',/99 W;I1 & A'3'iUCIAT1: IN 1. Li '6 OG/05/96 WSD F: A(, .0C11%11G, 1N (i1'141 RAI CNL'CKIN„ Disbursement .Journal DESCkIP110N AMOUNT 185 REIMC/DUG FOOD 44(;.66 161 MILEAGE REIMS 146.51 162 ENG FEES/MISS SHORE 1,045.00 162 ENG FEES/KLEIN FARMS 88.50 1, 133.50 268 FIRE DEPT VEH REPAIRS 148.04 191 kEIMB/TAPES/COMPUTER 29.81 950 TELEPHONE CHARGES 33.51 950 TELEPHONE CHARGES 33.88 950 TELEPHONE CHARGES 5.36 950 TELEPHONE CHARGES 1.92 950 TELEPHONE CHARGES 1.65 950 TELEPHONE CHARGES 9.35 950 TEI-EP14ONE CHARGES 1.44 07.11 210 POSTAGE/P WORK 41,.00 075 ALARM SYSTEM CONTk 19.12 815 ALARM SYSTEM CONTR 15.90 35.10 512 UTILITIES 9.00 99d PATHWAY MAPS 4175.50 993 LNG FF.F:S/PRAIRIE: WEST 255.00 093 ENG ZEES/kLTIN FMS 7N 127.50 993 LNG FEES/0 OAKF- 2ND 212.50 993 ENG FEES/OUNE)AS ROA 4,058.92 993 CC MTGS & ME''5C CNG 1.142.' 0 993 ENG FEES/ISTEA PROJECT 42.50 993 CNG FEES/MIF.I.KF. LUU PR 99.00 q93 ING FEES/CAR >TAk PROD 05.00 993 F:NG FEES/HAHN TOOL PR 467.110 993 CNG FEES/Ma TON [AD P 494.25 993 CNG FIiI:S/VECYUR T -IOL 127.50 003 ENG IEC /STORta GE WE 2. 107,50 993 I:N(i Pt LS/M uAx GIH AOU 05.00 003 ENG IM,0 IVER MILL PR 42.50 993 f:N6 Vol FS/(40RIU5 ('HURT, O'I.00 993 CNG FEE:./kIE- LU1H CHU 127.b0 11,445.67 TOTAL 21 .910, 1, m E:RC FINANCIAL SYSTEM 06/06/96 13:36:18 'LIARRANT DATE VENDOR GENERAL CHECKING 4055% 06/06/96 A.E. MICHAELS 40558 06/06/96 ANDERSON & ASSOCIATE 40558 06/06/96 ANDERSON & ASSOCIATE 40559 06/06/96 AUTOMATIC GARAGE GOO 40560 06/06/96 CAREFREE LAWN SERVIC 40500 06/06/96 CAREFREE LAWN SERVIC 40561 06/06/96 CENTRAL MCGOWAN, INC 40562 06/06/96 CENTURY LABS 40563 06/06/96 0 & K REFUSE kECYCLI 40564 06/06/96 DAVID'S PHOTOGRAPHY 40565 06/06/96 DAVIS WATER EOLIIPMEN 05GS 06/06/96 DAVIS WATER EOUIPMEN Disbursement Journal DESCRIPTION AMOUNT CL 338 PAINT SUPPLIES/STREETS 15.03 1055 10 STREET SIGNS 377.00 06/06/96 10 SUPPLIES/BLD DEPARTME 122.88 70.00 40560 OU/06/96 499.86 *0 260 GARAGE DOOR kEP/FIFE 708.24 06/06/96 940 LAWN SERVICE/LIBRARY 95.85 01,45 940 LAWN SERVICE/FIRE DEPT 85.8:, 394 POS TAG I:/,CANNER RETURN 10.50 191.70 *CI 30 SUPPLIES/SHOP & GAk 158.33 105.19 276 SOAP/STREET DEPT 54.94 )71 611 RECYCLING CONTRACT 3,517.58 40!,1) 06/06/91D 1015 PICTURE/F[RE DEPT 21.30 70.10 290 EQUIP REPAIR PART,,/SE 189.26 64 290 SUf+PLII'.S/P WORKS INSPF. 52.18 U6/06/915 I,ENFkAL kENI'AL LENI'E' 64 ?41.41, *(f 40506 06/06/96 DESIGN FOR PRINT STU 1055 BROCHURES/OWNTWN RkOE 410.59 40561 06/06/96 DOUCILE U FLECA RIC 005 SURGE PROTECTOR/PARKS 70.00 40560 OU/06/96 OYNA SYSTEMS 50 NUTS/0OLT3/'3H0P & GAR ?.93.49 40,(,9 06/06/96 EPA AUDIO VISUAL, IN .90442 VEH HEAD LAMPS/FIRE DP 01,45 40570 06/06/96 FED C% 394 POS TAG I:/,CANNER RETURN 10.50 405'11 06/06/96 fkON1LINE PLLIL FIRE 510 PAGER CASE:/FlkE DEP1 105.19 00',?. Ou/06/96 GARTNCR'S OFFICE PRO )71 SIJPPLII:S/JUNK AMNESTY 39.1? 40!,1) 06/06/91D GENE PAL RENIAL CLNTE 64 L;UPPLIES/JLINK AMNLSIY 70.10 40573 06/06/90 GF•.NI;RAI, RENIAL CENTI: 64 ;UPPI.II':,/'.HOP & GAR 11.4E 40b,/3 U6/06/915 I,ENFkAL kENI'AL LENI'E' 64 SUPPL]E6/`,1RFE1 DEPT 39.17 113.16 +It 40514 06/00/96 GLObAI EIIIPMENI COMP 67 IADINETb/:•HOP & ,,AR 1,770.44 4U915 OG/06/96 HARRYAUTO ' I11'PI.Y 10 3111'PLI1,S/ ;"FRF'I:r 10.U1 1.0','/S 06/06/30 11ARkY' E. AU10 SUPPLY /0 Vf tl MY E.(IF'PL IES/STkE 110.15 1,U!�79 06/06/90 HARRY'0 Au[0 'JUPPIY 70 TmOLs/'-,HOP & GAR 13.01) 40975 06/06/96 HARRY 'f AU10 fUL ,PLV 70 CORRECT CODING 6.()OCk 411575 06/00/90 HARRY '^ AIIT0 ,IICPI V 70 VI'HICI.f MT(./Flkl. UGf'F )9.33 ERC CINANC3AL SYSTEM 06/06/96 13:36:18 ..ARRANT DATE VENDOR GENERAL CHECKING 40575 06/06/96 HARRY'S AUTO SUPPLY 40576 06/06/96 HENRY & ASSOCIATES 40577 06/06/96 HERMES/JERRY 40578 06/06/86 HOGLUND ELIS COMPANY 40579 06/06/96 INDUSTRIAL MAINT. CU 40580 06/06/96 J M OIL COMPANY 40580 06/06/96 J M OIL COMPANY 405131 06/06/96 JME OF MONTICELLO 40582 06/06/96 KEN ANDERSON TkUCKIN +,0'383 06/06/96 KERN/DAVE ,OSO4 06/06/96 L & L ASPHALT, INC. 40'305 06/06/96 LARSON'5 ACE HARDWAR 401,05 06/06/60 IARSON '5 ACE HARDWAR 40505 06/00/96 LARSON'S ACE HARDWAR 40505 06/06/06 LARSON';. ACE HARDWAR 4n',O5 06/06/96 I, ARSON'S ACE HARDWAR t, 0:,85 Of, /06/06 LAkt.ON'C. ACE HAPUWAR 40505 06/00/90 1_ARSVN'S ACL HARDWAR 60,(15 OG/06/96 I ARSON'S ACE HAROWAR 40',0'i 0G/06/96 1, ARSON AI;1 HAROWAR 40,05 06/06/06 IAI,I.ON'f. ACE HAWWAR 411',05 06/00/96 LAN9iH4 ; Al I HARDWAP. 4U',05 06/05/96 LAN' ON'r. ACE HARDWAR t, e', t7', 1115/06/96 1 AR`�ON ACI: HAROWAR 4111,06 06/116/90 MARS 31' 1 A:,M uERVIC 411 ,OG 06/06/96 MART "IL": FARM ',EF.'Vl� 40'0b 00/015/915 MAR ftH ", FARM ;I'WVIC Disbursement Journal DESCRIPTION AMOUNT Cl '/8 ANTIFREEZE/STkEETS 6.60 173.94+CI $45 SLIPPLIES/WATER DEPT 863.11 81 LIBRARY CLEANING CONT 227.50 62 FELT/STREET DEPT 94.50 514 SUPPLIES/SHOP & GAR 123.94 95 GAS/FIRE DEPT 63 .89 95 GAS/FIRE DEPT 950.40 1 , 014.29 360 MEADOW OAK OUTLOT 10,352.55 697 ANIMAL CONTROL CONTR 117.15 357 FIRE HALL TRUCK LETTER 50.00 923 PATCH STRELTS/WATEk M 630.00 074 '_UPPLIES/STREETS 48.96 074 SUPPLIES/SHOP & GAR 13.20 014 BLD MTC SUPPLIES/SHOP 31.94 074 SUPPLIES/P WORKS INSPE 11.20 014 SUPPI.IF.S/PARKS 109.46 074 CLU MTC SUP/PARKS 2"e.44 674 iUPPI. TCSNATER OE:I'T 60.91 074 £ILD MTC/EIRE DEPT 9.2c 074 VEHII-.1 r PARi4/PARKS G.36 074 ;.LIPPL 3ES/EILD IN5PEC 70.20 0A ANIMAL. CONTROL SUPPLTF. ?9. i2 074 SUPPLIES/LI5kARY 13.83 074 .9IVI.k 3T TRUNK SE:WFR 10.07 3f)5. C13 107 SUPPL IEWMI:ADOW OAK ATH 1 .40 107 SUPPLIES/PATHWAY /.!);l 107 ^HPPL Ir:S/PARK, 3G3.42 370.75 1,0 01 77? UTILITIF; '33.13 77? (IT]LIIIEC 71.;;5 712 UI11.1T11:S ?3.20 77? 011LIIIEf 1 00C F, 11? UTILITIF:;, 7.00 17"a U13f ISEL. f,'t. If. I7? IIT II. 1T I1 `; 7?3.96 116/06/96 WIINNEGAtA. 7 4(1',01 06/06/96 MINNE(,ASL0 401)111 OO/UG/90 MINN16A'�1,0 40'.0'1 0f./OGJ96 fAINNFGA`.L'tl r 40',07 0b/UG/9G WNNL(,A'',111 46',,01 06/06/96 MJNNEC,A`t L1 411',117 1)G/00/90 MINNI[AWA.Il tC1 *0 as am ESRC FINANCIAL SYSTEM 06/06/96 13:36:18 l -,ARRANT DATE VENDOR GENERAL CHECKING 40587 06/06/96 MINNEGASCO 40588 06/06/96 MN CITY MANAGEMENT A 40589 06/06/96 MN CLERKS & FIN OFFI 40590 06/06/96 MN DEPART OF NATURAL 40591 06/06/96 MONTICELLO ANIMAL CO 40592 06/06/96 MONTICELLO PRINTING 40593 06/06/96 MTI DISBTRIBUTING CO 40594 06/06/96 NATIONAL BUSHING PAR 40594 06/06/96 NATIONAL BUSHING PAR 40594 06/06/96 NATIONAL BUSHING PAR 40594 06/06/96 NATIONAL BUSHING PAR 40594 06/06/96 NATIONAL BUSHING PAR 40594 06/08/96 NATIONAL BUSHING PAR 40594 06/06/96 NATIONAL BUSHING PAR 40594 06/06/96 NATIONAL BUSHING PAR 40594 06/06/96 NATIONAL RUSHING PAR 40594 08/06/96 NATIONAL BUSHING PAR 40595 06/06/98 NORT14ERN STATES POWE 40595 00/06/96 NORTHERN STATES POWE 40595 06/06/96 NORTHERN STATES POWE 40595 00/06/96 NORTHERN STATES POWF 40595 06/06/90 NORTHERN STATFS POWE 40505 06/06/98 NORTHERN STATES POWE 405913 06/00/96 NORTHERN STATES POWE 40595 00/06/06 NORTHERN STATES POWE 40595 00/06/90 NORTHERN STATES POWE 40595 00/06/06 NORTHERN STATES POWE 40506 06/06/90 NOkTHWfST CARPET & U 40597 06/06/90 NORT14WEST MINNESOTA 40500 06/00/00 0 W I RECYLING INC. 4U'j90 00/OG/9G PCTEkSFN'S MONT FARO 40599 OG/06/00 PETFkSEN'G' MONT FORD Disbursement Journal DESCRIPTION AMOUNT Cl 772 UTILITIES 32.74 928.11 *rl 230 MEMS+ERSHIP DUES/JEFF 0 60.00 315 ADD'L REG FEE/K DOTY 5.00 119 WATER/ATV/SNOW/REG 1,150.00 185 ANIMAL CONTROL CONT 1,129.70 137 PRINTED FORMS/FIRE DEP 47.93 299 VEHICLE MTC PARTS/PAR 203.05 144 VEHICLE REP PARTS/STR 231.57 144 EQUIP REPAIR PARTS/STR 40.93 144 TOOLS/SHOP & GAR 42.77 144 UTILITY MTC SUP/WATER 2.76 144 VEHICLE MTC/FIRE DEPT 258.00 (I 144 SUPPLIES/SHOP & GAR 42.11 144 VEHICLE REPAIR PARTS/W 83.07 141, UTILITY MTC ;IIP/WATCR 0.71 144 VEH MTC REPAIRS/SEWER 1.57 144 CORRECT CODING ?9.25CR 681.04 *C1 140 UTILITIES 1,705.79 140 UTILITIES 359.33 148 UTILITIES 004.70 140 UTILITIES 03.21 148 UTILITIES 501.62 140 UTILITIES 14.27 148 UTILITIES 017.94 140 UTILITIES 200.76 140 UTILITIES 383.51 140 UTILITIES 736.47 5,110.G0 •Cf 957 CARPET CLEANING/FIFE 1?5.67 15G RCG FEE/GARY A 10.00 1054 JUNK AMNESTY DAY CHGS 40.00 165 VEHICLE MTC/3F.'WER CULL 2.20 165 VEHICLE MIC/STREET DE 705.10 707.30 �. H BRC FINANCIAL SYSTEM 06/06/86 13:36:18 C,7ARRANT DATE VENDOR GENERAL CHECKING 40600 06/06/96 PHOTO I 40600 06/06/96 PHOTO I 40601 06/06/96 PLUMBERY-PURCELLIS P 40601 06/06/96 PLUMBERY-PURCELL'S P 40602 06/06/96 PREUSSE'S CLEANING S 40603 06/06/96 PROFESSIONAL SERVICE 40604 06/06/96 RELIABLE CORPORATION 40605 06/06/96 RIVER SIDE OIL 40606 06/06/96 ROAD MACHINERY & SUP 40607 06/06/96 ROYAL TIRE OF MONTIC 40607 06/06/96 ROYAL TIRE OF MONTIC 40608 06/06/96 RUFF AUTO PARTS 40609 06/06/96 SCHLUENDER CONSTRUCT 40610 06/06/96 SCHWAAB, INC. 40GII 06/06/96 SIMON SON LUMBER COMP 40611 06/06/96 $1 MON SON LUMBER COMP 40011 06/06/90 SIMON SON LUMBER COMP 40611 06/06/96 SIMON SON LUMBER COMP 40611 00/06/96 9IMON SON LUMBER COMP 4U612 06/00/96 SPECTRUM SUPPLY CO. 40613 06/06/96 TRUEM AN-WELL"ERS, INC 40G14 06/00/96 VIKING COCA COLA 40614 06/06/96 VIKING COCA COLA 40615 OG/06/06 VIKING (,AFETY PROOUC 40616 06/06/90 WRIGHT COUNTY AUOITO 4061'/ 06/06/06 V.M.0 A. OF MINNEAPO Disbursement Journal DESCRIPTION AMOUNT CI 743 PHOTOS/P WORKS INSPEC 14.06 743 PHOTOS/PLAN & ZON 10.31 24 . 37 251 BLO MTC SUPPLLIES/PARK 11.34 251 SUPPLIES/WATER DEPT 52.50 63 . 64 173 C STY HALL CLEANING CO 400.00 175 W WTP CONTRACT PYMT 34,490.90 179 COMPUTER OFF SUP/C HAL 67.42 496 ANTIFREEZE/STREETS 225.50 182 MANUAL REP BOOK/STREET 42.91 227 VEH REPAIRS/P W INSPE 157.85 227 VEH REPAIRS/PARKS 224.26 362. 11 268 VEH REPAIRSiFIRE DEPT 68.16 187 REPAIR WATER MAIN/WAT 890.00 604 ; TAMP/BLD INSPECTIONS 29.63 193 ESLD MTC/DEP RFGISTRAR 32.92 103 F,LO SUPPLIES/SHOP & GA 16.77 193 :DUPPLIES/FIRE DEPT 53.55 103 c'UPPLIE.S/PARKS DEPT G0.04 193 :DUPPLIES/STREET DEPT 10.11 183 .85 498 _.UPPI,IES/PARKS 704.72 207 EQUIP REPAIR PARTS/STR 11.91 179 F>OP/CITY HALL 09.03 779 F10P/PARKS 64 .75 157 .10 1046 LOVIP MIC PARTS/&EWER 174.09 210 '31HERIFF'S CONTRACT 29,234.00 724 MONTHLY CONTRACT PYMT 62C,.00 SO *C1 •C1 *0 •CI( BRC FINANCIAL SYSTEM 05/21/96 09:35:50 i ARRANT DATE VENDOR LIQUOR CHECKING 18815 05/21/96 EAGLE WINE COMPANY 18815 05/21/96 EAGLE WINE COMPANY IN Disbursement Journal DESCRIPTION AMOUNT 800012 WINE PURCHASE 800012 MIX FOR RESALE 18816 05/21/96 GRIGGS, COOPER & COM 800016 MIX FOR RESALE 18816 05/21/96 GRIGGS. COOPER & COM 800018 LIQUOR PURCHASE 18817 05/21/96 GROSSLEIN BEVERAGE I 800019 BEER PURCHASE 18818 05/21/96 JOHNSON BROS WHOLESA 800022 LIQUOR PURCHASE 18818 05/21/96 JOHNSON BROS WHOLESA 800022 FREIGHT CHARGES 18818 05/21/96 JOHNSON BROS WHOLESA 800022 WINE PURCHASE 16819 05/21/98 PAUSTIS & SONS 800103 WINE PURCHASE 18818 05/21/96 PAUSTIS & SONS 800103 FREIGHT CHARGES 18820 05/21/96 PHILLIPS WINE & SPIR 800180 FREIGHT CHARGES 18820 05/21/96 PHILLIPS WINE & SPIR 600180 LIQUOR PURCHASE 18820 05/21/96 PHILLIPS WINE & SPIR 800180 WINE PURCHASE 18821 05/21/88 SUPERIOR PRODUCTS 800046 BEER PUMPS 18822 05/21/96 TOS TELECOM 800196 TELEPHONE CHARGES 18822 05/21/96 TDS TELECOM 800196 ADVERTISING LIQUOR CHECKING TOTAL 429.30 54.35 483.65 • 88.85 7,772.38 7,858.23 12,856.00 2,361.69 39.62 1,178.59 3,580.10 • 481.75 9.60 491.35 • 29.93 2,555.15 616.05 3.001.13 71.46 177.52 61.20 238.72 28,581.64 BRC FINANCIAL SYSTEM "16/04/96 10:37:45 Disbursement Journal WARRANT DATE VENDOR DESCRIPTION AMOUNT C LIQUOR CHECKING 10023 05/31/96 FRANCO'S COCKTAIL NI 000178 MIKES FOR RESALE E1.90 18024 05/31/96 -JOHNSON BROS WHOLESA 800022 FREIGHT CHARGES 32.25 18824 05/31/96 JOHNSON BROS WHOLESA 800022 LIQUOR PURCHASE 1,113.71 18824 05/31/96 JOHNSON BROS WHOLESA 800022 WINE PURCHASE 630.04 1 , 7 76.00 18825 05/31/96 PHILLIPS WINE & SPIR 800180 FREIGHT CHARGES 18.75 18025 05/31/96 PHILLIPS WINE & SPlk 800 100 LIQUOR PURCHASE 1,029.94 18825 05/31/96 PHILLIPS WINE & SPIR 800 180 WINE PURCHASE 1.488.70 2,537.39 LIQUOR CHECKING TOTAL 4,375.19 +C *Cl f❑ BRC FINANCIAL SYSTEM 06/05/96 09:04:35 Disbursement Journal ` WARRANT DATE VENDOR DESCRIPTION AMOUNT LIQUOR CHECKING 18826 06/05/96 BERNICK'S PEPSI COLA 800001 POP PURCHASE 388.20 18827 06/05/96 CITIZENS COMMUNICATI 800163 ADVERTISING 101.05 18828 06/05/96 CONSOLIDATED COMM DI 800163 ADVERTISING 47.50 18829 06/05/96 OAHLHEIMER DISTRIBUT 800009 BEER PURCHASE 17,213.35 18829 06/05/96 OAHLHEIMER DISTRIBUT 800009 NON ALCOHOLIC BEER 315.70 17,529.05 18830 06/05/96 DAY DISTRIBUTING COM 800010 BEER PURCHASE 1.303.30 18831 06/05/96 DICK WHOLESALE CO., 800011 BEER PURCHASE 2.924.40 18831 06/05/96 DICK WHOLESALE CO., 800011 LIQUOR STORE SUPPLIES 11.18 18831 06/05/96 DICK WHOLESALE CO., 800011 BAGS/SUPPLIES 82.01 3,017.59 18832 06/05/96 EAGLE WINE COMPANY 800012 MIX FOR RESALE 126.93 18832 06/05/96 EAGLE WINE COMPANY 800012 WINE PURCHASE 1,183.04 18832 06/05/96 EAGLE WINE COMPANY 800012 FREIGHT CHARGES 40.59 1,350.56 18833 06/05/96 F1,IESCH'S PAPER SERVI 800116 BAGS/SUPPLIES 71.66 18033 06/05/96 FLESCH'S PAPER SERVI 800116 LIQUOR STORE SUPPLIES 51,81 123.47 18834 06/05/86 G & K SERVICE 800129 RUG MATS/MTC OF BLD 50.28 18635 06/05/96 GRIGGS. COOPER & COM 800018 WINE PURCHASE 38.17 16035 06/05/96 GRIGGS. COOPER Q COM 000018 LIOUOR PURCHASE 4,050.93 18035 OG/05/96 GRIGGS. COOPF•R & COM 000018 FREIGHT CHARGES 28.71 4,117.81 18838 06/05/90 GROSSLEIN BEVERAGE I 800019 BEER PURCHASE 8,318.55 10036 06/05/96 GROS£LEIN BEVERAGE 1 000010 NON ALCOHOLIC BEER 125.00 8,441.55 + 16037 06/05/96 HOME JUICE 000136 JUICE FOR RESALE 35.50 10038 00/05/96 JOHNSON DROO WHOLF.,A 800022 FREIGHT CHARGES 105.13 10030 06/05/06 JOHNSON BROC WHOLESA 800022 LIQUOR PURCHASE 11072.32 113030 00/05/96 JOHNSON DROS WHOI.I: ;A 600022 WINE: PURCIIASh 3 , 105.99 4.329.67 10038 06/08/80 MINNF;i,A000 0001U0 UTII.ITt175 27.41 10040 06/05/06 MONTICELLO TIMES.' 000037 AOVERTILING 156.00 ERC FINANCIAL SYSTEM 06/05/96 09:04:35 Disbursement Journal j `.ARkANT DATE VENOOR DESCRIPTION AMOUNT LIQUOR CHECKING 18641 06/05/96 NEWTON MANUFACTURING 800149 SUPPLIES 187.73 18842 06/05/96 PAUSTIS & SONS 800103 WINE PURCHASE 181.68 18642 06/05/96 PAUSTIS & SONS 800103 FREIGHT CHARGES 3.00 184.68 18843 06/05/96 PHILLIPS WINE & SPIR 800180 FREIGHT CHARGES 24.75 18843 06/05/96 PHILLIPS WINE & SPIR 800180 WINE PURCHASE 991.55 1,016.30 18844 06/05/96 QUALITY WINE & SPIRI 800040 LIQUOR PURCHASE 461.22 18844 06/05/86 QUALITY WINE & SPIRI 800040 WINE PURCHASE 899.88 1,361.10 18845 06/05/96 RON'S ICE COMPANY 80004 1 ICE FOR SALE 757.54 18846 06/05/96 SERVICE SALES CORPOR 80004 2 SUPPLIES 14.31 18847 06/05/96 ST. CLOUD RESTAURANT 800045 MIX FOR RESALE 12.6.35 10047 06/05/96 ST. CLOUD RESTAURANT 80004 S SUPPLIES 8.38 132.73 18848 06/05/96 SUPERIOR PRODUCTS 80004 6 SUPPLIES 359.97 10649 06/05/96 THE WATSON CO., INC. 000702 CIGO & CIGARS FOR RESA 37.82 18050 06/05/96 THORPE DISTRIBUTING 80004 8 BEER PURCHASE 24.550.80 16850 06/05/88 THORPE DISTRIBUTING 80004 8 NON ALCOHOLIC BEER 119.80 24,670.60 10851 06/05/96 TOTAL REGISTER SYSTE 800112 LABELS/JUPPLIES 10.65 10052 06/05/06 U 0 LINK 000105 TELEPHONC CHARGf0 9.13 10053 00/05/06 VIKING COCA-COLA DOI'00005 1 POP PURCHASE 1.063.85 LIQUOR CHECKING TOTA1, 70.827.40 z