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City Council Agenda Packet 01-26-1998 . '. -- AGEN A REGULAR MEETING. MON ICELLO CITY COUNCIL Monday, January 6, 1998 . 7 p.m. Mayor: Bill Fair Council Members: Clint Herbst, Brian Stu pf, Roger Carlson, Bruce Thielen 1. Call to order. 2. Approval of minutes of the regular meting held January 12,1998. 3. Consideration of adding items to the genda. 4. Citizens comments/petitions, request, and complaints. 5. Consent agenda. A. Consideration of approval of c ange order #10 for Project 93-14C, Wastewater Treatment Plant xpansion. B. Consideration of approving re ewal of Men's Softball Association beer license. C. Consideration of authorizing t e City Engineer to update the 1-94 interchange access analysis. D. Consideration of appointments to Design Advisory Team as part of the Central Community District 0 dinance. E. Consideration of resolution ap roving renewal of gambling license for Land of Lakes Choir Boys - JP s Annex. F. Consideration of leasing electr nic postage meter, meter base, and scale from Pitney Bowes. G. Consideration of appointment fParks Commission member. H. Consideration to review Great r Monticello Enterprise Fund (GMEF) Loan No. 014 (T.J. Martin, Jnc ) for compliance with the GMEF Guidelines. 6. Consideration of items removed fro the consent agenda for discussion. 7. Public Hearing--Consideration of ad pting proposed assessment roll for delinquent utility bills and certificat' on of assessment roll to County Auditor. . . . Agenda Monticello City Conncil January 26, 1998 Page 2 8. Consideration of reviewing proposals or multiple housing development of City-owned Outlot A, Country Club anor. 9. Consideration of adopting ordinance mendment regulating tobacco sales. 10. Consideration of publishing Council 'nute summaries and discontinuing publication of bills. 11. Consideration of reviewing potential oncepts for joint annexation agreement. 12. Consideration of bills for the last half of January, 1998. 13. I Z 't4 (Z- ~ . Adjournment. {JloVJ /fJ, ;- f1 Ow ~~~d r) P SN\~- (' .J.l.id't & - G.~W\v...N'\~ c+~. . . . MI ES REGULAR MEETING - MON ICELLO CITY COUNCIL Monday, January 2,1998 - 7 p.m. Members Present: Bill Fair, Clint Herbst, rian Stumpf, Roger Carlson, Bruce Thielen Members Absent: None 2. Approval of minutes. A. A MOTION WAS MADE BY BRU E THIELEN AND SECONDED BY BRIAN STUMPF TO APPROVE THE MI UTES OF THE REGULAR MEETING HELD DECEMBER 8, 1997, AS ITTEN. Motion carried unanimously. B. A MOTION WAS MADE BY BR STUMPF AND SECONDED BY ROGER CARLSON TO APPROVE THE M NUTES OF THE SPECIAL MEETING HELD DECEMBER 22,1997, AS ITTEN. Motion carried Wlanimously. C. Councilmember Clint Herbst r quested that the fifth paragraph be amended to reflect his oppositi n to the motion regarding the Municipal Board hearing sche uled for January 12, 1998. A MOTION WAS MADE BY CLI T HERBST AND SECONDED BY BRUCE THIELEN TO APPROVE THE M NUTES OF THE SPECIAL MEETING HELD JANUARY 5,1998, AS AM NDED. Voting in favor: Clint Herbst, Bruce Thielen, Bill Fair. Abst ining: Roger Carlson, Brian Stumpf. Motion carried. 3. None. 4. A. Community center comments: Mr. Doug Franks presented a etition including 653 names requesting that the City hold a referend on building the community center/city hall and asked how many na es were needed to bring the item to a Pagl ~ Council Minutes - 1/12/98 . vote. He also stated that Co cilmember Carlson should not vote on community center issues due t a conflict of interest. Mayor Fair accepted the petition and note that Minnesota Statutes do not require a referendum by petition for Ie se revenue bonds. Ms. Betty Hayes asked what t e Council intended to do with the petition since a referendum w s not required. Mayor Fair responded that the issue before the Coun '1 at this time was to approve a community information meeti g and that the petition would be addressed at the time Council otes on the community center proposal. Mr. Duane Carlson stated that the Council represents the people and that residents should have an pportunity to vote on a $10 million project. . Mr. Bob Harworth stated that e attended the HRA meeting on January 7 and noted that Mon icello Township and Silver Creek Township residents are membe s of the task force and wouldn't be paying taxes on the community center. He also stated that comments were made at the HRA meetin that the proposed site is not big enough for a community center Mayor Fair thanked the citizen for their comments and noted that public comment will be taken a the community presentation on January 20 if the presentation nd meeting are authorized by Council. 5. Consent agenda. A. B. . of Monticello. Recommendat on: Approve rezoning the 20.76-acre Klucas property, addressed 198 River Street West, from R-3 (medium density residential) to R-2 (sing e and two-family residential) based on the finding that R-2 provides a ore compatible transition between neighborhoods and that the R-2 zoning district is consistent with the comprehensive plan. SEE ORD NANCE AMENDMENT NO. 303. Page @ . . D. . Council Minutes ~ 1/12/98 C. Goeman. Approve the conditional use permit to allow a conunercial office in t e PZM zone based on a finding that the proposed use would be compa ible with the comprehensive plan for the areat subject to the following onditions: 1. A plan for landsc ping and screening of the parking area from adjacent re idential uses is providedt together with the appropriate I ndscape surety. 2. One of the existi g 12-ft curb cuts and driveways is eliminated and t e other is widened to a two-way t 24- ft wide driveway. 3. The Building 0 cia! certifies the structure as meeting the building code applicable to conunercial office buildings. 4. An on-site surety in the form of a performance bond or letter of credit m st be provided to the City guaranteeing that within two y ars of the City Council approval of this conditional use p rmitt concrete curb and gutter will be installed around 11 driveway and parking areas as required by ordin nee. Recommendation: Approve the conditional use permit to a low erection of signs at 103 Pine Streett subject to the following conditi ns: 1. Only three wall s' gns and one pylon sign may be allowed. Only two wall si s may be business identification signs and one wall sign may be a product identification sign. One pylon sign m y be allowedt and that sign must be a product identifica ion sign to include a listing of available products and se 'ces. 2. The total area of igns to be erected on any wall of the building must not exceed 100 sq ft in areat and the pylon sign must not exc ed 58 sq ft in area. Page 3 ~ . . . Council Minutes - 1/12/98 As a new sign is bing erected on the south side of the building, the sign Ian must be redesigned to develop signs for the south side of the building that are consistent in design, materia, shape, and method ofillumination. 3. 4. Any future alterat on of signs must be consistent with this conditional us permit. Prior to altering any signs, the property owne must apply for and receive a sign permit from the Z ning Administrator. The Zoning Administrator ma find that the application is consistent with this conditio al use permit and issue a permit for the alteration, oth rwise the applicant must receive further amendme t to this conditional use permit. E. Trucking. Recommendation Approve the zoning ordinance amendment to allow truck rep 'r by interim use permit based upon the findings that the amendment ould be consistent with the City's goals in the Trunk Highway 25 corri or and would be consistent with the intent of the B-3 zoning district. SEE ORDINANCE AMENDM NT NO. 304. F. Recommendation: Approve he interim use permit for operation of Danner Trucking in a B-3 zone based on the finding that the interim use permit allows the City to m nage the current and future land use of the area, and the conditions ttached to the permit would mitigate the potential negative impacts f an industrial use in the commercial district. Permit is subject to th following conditions: 1. Compliance with t e terms of the ordinance amendment allowing trucking ervice as an interim use in the B-3 district. 2. plan to show adequate parking (or parking area) wit appropriate improvements, including paving and curbin Revision of the si plan to show more than 6,000 sq ft of trailer parking ar a, with a gravel surface and a method of gravel contai ent. 3. @ Council Minutes - 1/12/98 . 4. Submission of a I nd survey and site plan drawn to scale documenting ade uate dimensions of the site to accommodate the roposed layout. 5. Submission offin ncial guarantees to ensure installation of all improveme s as shown on the final site plan. 6. Execution of a de elopment contract for the interim use permit indicating specific termination date for the permit, signed by he City and the applicant. 7. Compliance with 11 building code requirements. 8. The applicant mu t have control of the land area considered for the interim use and as depicted by the proposed site pIa G. . Recommendation: Approve the ordinance amendment amending Title 10, Chapter 3, Section 2[ ], establishing regulations for the installation offences. SEE OR INANCE AMENDMENT NO. 305. H. Recommendation: Approve becoming the fiscal agent for the Monticello Community Band ant application to the Central Minnesota Arts Board. Recommendation: Approve change order #9R and grant Adolfson & Peterson a 31-day extension for the completion 0 SBR Tanks 3 and 2 by February 1, 1998, completion of a tempora chlorine system by March 1, 1998, and completion of the adminis ration building by January 20, 1998. I. J. County. Recommendation: Approve the 1998 highway maintenance agreement with right County as presented. . A MOTION WAS MADE BY CLINT HER ST AND SECONDED BY BRUCE THIELEN TO APPROVE THE CONSEN AGENDA AS RECOMMENDED. Motion carried unanimously. Page 5 (j;) . . . 6. None. 7. Trucking. Council Minutes - 1/12/98 Assistant Administrator Jeff O'Neill r ported that Bob Danner of Danner Trucking requested that the City vac e a portion of Marvin Road on the east side of Highway 25 to enable Danner rucking to obtain a portion of land needed to develop the site as approve under Danner's interim use permit. Under the proposed vacation, half oft e right-of-way would become the property of Danner Trucking, and the other half would go to the City for future Dundas Road right-of-way. In rder to complete the site, Danner would also need to purchase the City alf of the vacated properly, along with the remnant parcel left after City acq isition of Dundas Road right-of-way. O'Neill noted that the City Attorney i working on obtaining title to the land area needed for Dundas Road throug the condemnation process. Staff recommended approval of the vacatio contingent on completion of the condenmation process for acquisition f Dundas Road right-of-way and contingent on development of an agre ment between the City and Danner regarding sale of land to Danner. Mayor Fair opened the public hearin Mr. Jim Fleming, attorney representi g Bob Danner, noted that the question of title to an irregular parcel shown a being owned by the Minnesota Department of Highways is actually eeded to Mr. Mel Wolters, who is willing to sell a portion of the parcel i question to Mr. Danner and convey the rest to the City. Councilmember Herbst questioned wether it might be easier if Mr. Danner purchased the entire parcel and then swapped land with the City. Mr. Fleming agreed and did not thin Mr. Danner would object to a land swap. Mr. Dean Rasmussen, owner of Glas Hut, asked if the Council intended to vacate Marvin Road on the west side of Highway 25. Staff noted that the City considers vacations once an app ication for street vacation has been filed with the City. There being no further comment fro the public, Mayor Fair closed the public hearing. Pag 6 @ . . . Council Minutes - 1/12/98 A MOTION WAS MADE BY CLINT HER ST AND SECONDED BY BRIAN STUMPF TO APPROVE VACATION OF PORTION OF MARVIN ROAD ADJACENT TO THE DANNER TRUCKI G SITE BETWEEN HIGHWAY 25 AND CEDAR STREET, SUBJECT TO THE FO LOWING CONDITIONS: 1. MOTION IS CONTINGEN ON COMPLETION OF THE CONDEMNATION PROC SS OR UPON PRIVATE SALE OF THE MEL WOLTERS PARCEL D ASSOCIATED SHARE OF VACATED MARVIN ROAD RIGHT-O -WAY TO BOB DANNER. 2. MOTION IS CONTINGEN ON DEVELOPMENT OF AN AGREEMENT BETWEEN HE CITY AND BOB DANNER REGARDING SALE OF CI SHARE OF THE VACATED ROAD AND REMNANT PARCEL TO R. DANNER. Motion carried unanimously. 8. City Planner Steve Grittman reporte that the Monticello-Big Lake Hospital District has requested that a portion f Hart Boulevard be vacated, from its intersection with CSAH 75 to the eas limits of the Mississippi Shores property, to facilitate the expansion 0 various uses on the hospital campus. The vacation would allow more effect ve use of the area for parking necessary to serve the present hospital needs a d future expansions. Grittman noted that the area proposed for vacation p ovides access to Mississippi Shores, Monticello- Big Lake Hospital, Montie 110 Dental Clinic, and two private homes. Property owners have expres ed verbal approval of the vacation contingent upon the Hospital providi g access through its property to CSAH 75. City staff met with Hospital represen atives to consider impacts of the vacation, impacts to the county high ay and School District, as well as access to and egress from the City's n w wastewater treatment plant. Of primary concern was access to CSAH 75 for sludge trucks leaving the wastewater treatment plant. Hospit I representatives agreed to reserve access to the City for its sludge truck; however, the County has not yet agreed to allow the current egress to emain in addition to the new hospital entrance. The City would also retain easements over the areas in which its utilities are located. Page 7 @) Council Minutes - 1/12/98 . Mayor Fair opened the public hearing Hospital Administrator Barb Schwien ek reported that a purchase agreement between the School Distric and the Hospital District for land on the north side ofCSAH 75 has been s'gned by the School Board, and access agreements are being prepared by the Hospital's attorney for private property owners who now use Hart B ulevard to access County Road 75. Schwientek requested that the Coun I consider granting the vacation of Hart Boulevard at no cost to the Hosp'tal District since sewer and water easements would be retained, access r sludge trucks would be retained, water and sewer line replacement an enlargement would be completed during construction of District parkin and building facilities, the City would receive building permit fees for the m jor buildings being constructed, no building could take place over the vac ted street, and future maintenance of the street would be the responsibility f the Hospital. There being no further comment from the public, Mayor Fair closed the public hearing. . Council discussed whether the fee for the vacated property should be waived or whether compensation is due to th City since compromises were made to accommodate the PUD. City Admini trator Rick Wolfsteller noted that the City has sold vacated property in the ast and that the Hospital paid $0.61 per sq ft when a small portion was va ated to allow the canopy to be added to the clinic. B. THE HOSPITAL PROVID S DOCUMENTATION OF ACCESS EASEMENT AGREEMEN S WITH NEIGHBORING PROPERTY OWNERS AS DISCUSSED IN THIS REPORT. E BY BRIAN STUMPF AND THE VACATION OF A PORTION OF THE MONTICELLO-BIG LAKE FOLLOWING CONDITIONS: AFTER DISCUSSION, A MOTION WAS SECONDED BY BILL FAIR TO APPRO HART BOULEVARD AS REQUESTED B HOSPITAL DISTRICT SUBJECT TO TH A. APPROVAL OF THE FIRS PHASE FINAL PLANNED UNIT DEVELOPMENT IS G TED IN UPCOMING MONTHS. C. THE CITY RETAINS UTI ITY EASEMENTS OVER ITS UTILITIES AS RECOMMENDED BY ITY PUBLIC WORKS AND ENGINEERING STAFF. D. THE HOSPITAL EXECUT S ITS PURCHASE AGREEMENT WITH THE SCHOOL DISTRICT OR LAND ON THE NORTH SIDE OF CSAH 75. . Page 8 @ . . . 9. lOA. Council Minutes - 1/12/98 E. THE CITY RECEIVES $0. 1 PER SQUARE FOOT FOR ITS EXISTING FEE INTERES IN HART BOULEVARD. F. THE CITY RETAINS AN A: CESS EASEMENT THROUGH HOSPITAL PROPERTY F R ACCESS TO AND EGRESS FROM CSAH 75. Voting in favor: Bill Fair, Brian Stu pf, Bruce Thielen, Roger Carlson. Opposed: Clint Herbst. Councilmem er Herbst agreed with vacating Hart Boulevard but felt the City should ch rge less than $0.61 per sq ft since the City will continue using a portion of t e vacated area. Motion carried. City Administrator Rick W olfsteller r ported that the City obtained 15 lots in the Meadow Oak Estates subdivision that were forfeited for nonpayment of taxes and special assessments. It wa originally anticipated that the City would use two or three lots for pondi g and one for the entrance into the Eastwood Knoll development off of M adow Oak Avenue, leaving 11 or 12 lots that could be sold. After further eview, it appeared the City only needed one lot for ponding and one for the E stwood Knoll entrance, which resulted in 13 lots that could be sold for reside tial buildings. The 13 lots were advertised for sale tough the bid process, and a package of information was mailed directly to b 'lders and developers and other parties who had expressed interest in the lot in the past. Only one bid was received on Tuesday, January 6, which was fr m Vic Hellman Construction for the purchase of all 13 lots at a total cash rice of $225,000. AFTER DISCUSSION, A MOTION WAS E BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO WARD THE SALE OF THE 13 LOTS TO VIC HELLMAN CONSTRUCTION IN T E AMOUNT OF $225,000 WITH CLOSING SET FOR APRIL 1, 1998, CONTINGEN ON THE CITY OBTAINING THE NECESSARY DRAINAGE EASEMENTS FOR LOTS ABUTTING THE MEADOW OAK POND PRIOR TO THE CLOSING D SUBJECT TO THE RESTRICTIVE COVENANTS OUTLINED IN THE BID ACKAGE. Motion carried unanimously. Assistant Administrator Jeff O'Neill eported that only items for presentation to the community at the meeting sch duled for January 20 would be reviewed at this time. No decision b Council regarding the community @ Council Minutes - 1/12/98 . center was requested other than auth rizing the community presentation on January 20. O'Neill then reviewed th history behind development of a community center. Mr. Robbie Smith, a member of the ta k force, noted that after touring other community centers, it became appare t that those with a water park were much more active than those without. Since the purpose of the center would be to bring the community together, i was recommended by the task force that a water park be added to the cor facility. It was also recommended that the center be funded with lease reven e bonds and a 1% targeted sales tax. Although the lease revenue bonds wo Id not allow a referendum, they would help keep the cost down for home ow ers, whereas the general obligation bonds would require a referendum bu would also more than double the cost to residents. The sales tax option wa recommended because non-city residents who shop in Monticello wou d help relieve some of the burden from the city residents. . Operating costs of the facility were al 0 discussed, which showed an operating deficit of approximately $4 ,000 if the core facility included the water park. The operating deficit wa estimated to be $189,757 if the core facility was built without the water p rk because activities in the original core facility would not generate much revenue. It was also noted that city hall and senior center operating costs are currently covered and could be deducted from the community center perating cost. Ron Ankeny of Ankeny Kell Architec s reviewed the estimated construction cost of $10.5 million and noted that i addition to adding the water park, the size of the locker rooms was increase , and an exercise/fitness area, aerobic room, and walking/running track we e added. It was felt that these items would be necessary to sell members 'ps. Mark Wentzel of AKA presented two ossible designs for the community center, noting that both schemes wo Id allow for purchasing some of the land at a later date for additional parking and a possible ice sheet. Mark Ruff of Ehlers & Associates re . ewed the finance plan as recommended by the task force. He explained that he lease revenue bond option means that the HRA would own the facility xcept for the portion dedicated to the National Guard. The City would the lease the facility from the HRA on an annual appropriation basis. . Councilmember Clint Herbst noted . s surprise that the City's portion of the cost had increased 2.5 times that of t e original estimate. He also noted his concern about the operating costs of he facility. Page 10 ~ . . . lOB. Council Minutes - 1/12/98 Councilmember Roger Carlson stated that he had received comments regarding his participation in voting n community center issues, and after researching the issue, experts had ad . sed him that at this point in time, there was no conflict of interest; howe er, he stated that he would be abstaining from voting on community center issues at this meeting and would have additional information in the future. AFTER DISCUSSION, A MOTION WAS E BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO A THORIZE THE COMMUNITY CENTER PRESENTATION TO THE PUBLIC ON ANUARY 20, 1998, AT 7 P.M., AT LITTLE MOUNTAIN ELEMENTARY SCHOOL. oting in favor: Brian Stumpf, Bruce Thielen, Bill Fair, Clint Herbst. Abs ining: Roger Carlson. Motion carried. Assistant Administrator Jeff O'Neill uggested that this item be tabled until after the community meeting on Jan ary 20. Representative Mark Olson reported hat initially he was willing to sponsor a bill allowing the City of Monticello to conduct a referendum on establishment of a sales tax; however, further study raised some concerns. He explained that the City may have to use genera obligation bonds if using a local sales tax, as the legislature's view has cha ged on this subject somewhat in that they want to ensure that there is ace untability at the local level. For that reason, it was his view that the legisl ture may not approval a local option sales tax used to pay off revenue bon s. He will investigate the issue further. AFTER DISCUSSION, A MOTION WAS E BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO ABLE THE REQUEST THAT MARK OLSON SPONSOR A BILL ALLOWING HE CITY TO CONDUCT A REFERENDUM ON ESTABLISHMENT F A SALES TAX UNTIL FURTHER INFORMATION IS RECEIVED. Voting in favor: Brian Stumpf, Bruce Thielen, Bill Fair, Clint Herbst. Abstaining: oger Carlson. Motion carried. 11. A MOTION WAS MADE BY BRUCE TH ELEN AND SECONDED BY ROGER CARLSON TO APPROVE THE FOLLO ING APPOINTMENTS FOR 1998: Official Depositories: Page 11 Marquette Bank Monticello First Bank First National Bank of Monticello @ . Official Depositories: Newspaper: Housing and Redevelopment Authority: (5-year staggered terms) Planning Commission: '" ---' t U1(k' k'P5"....a . Health Officer (1 year): Acting Mayor (1 year): J oint Commissions: Community Education Fire Board OAA Library Board: (3-year staggered) Attorney: Planner: Audi tor: . Recycling Committee: Page 12 Council Minutes - 1/12/98 Chief Financial Officer - authorized to designate other depositories for investment purposes only. Monticello Times 1. Bob Murray 2. Damn Lahr 3. Brad Barger 4. Dan Frie 5. Steve Andrews 12/2001 12/2000 12/99 12/98 l-2IQ.7 12/2.-01 '2- 1. Richard Carlson 2. Robbie Smith 3. Dick Frie 4. Rich~rr1 Martie 5. Rod Dragsten Toy PbfJdC.. Dr. Donald Maus Clint Herbst Bill Fair Rick W olfsteller & Brian Stumpf Bill Fair 1. vacant 2. Duff Davidson 3. Jeanette Lukowski 4. Ruby Bensen 5. Diane Herbst 12/99 12/97 12/99 12/97 12/98 Paul Weingarden Northwest Associated Consultants (Steve Grittman) Gruys, Borden, Carlson & Assoc. Bruce Thielen (j) Economic Development Authority: (5-year staggered terms) Engineer: Police Advisory Commission: (3-yr staggered terms) Parks Commission: (3- yr staggered terms) ~, Motion carried unanimously. Council Minutes - 1/12/98 1. Roger Carlson, Council 2. Clint Herbst, Council 3. Ken Maus* 4. Darrin Lahr 5. Barb Schwientek 6. Bill Demeules 7. Ron Hoglund* WSB & Associates 1. Brian Stumpf, Council 2. Bridget Baldwin 3. David Gerads 4. Brad Fyle 5. Liz DeMarais 1. Earl Smith 2. Larry Nolan 3. Fran Fair 4. Rick Traver 5. vacant 12/2001 12/98 >/-_. 12/2001 12/97 12/98 v 12/99 12/2000 12/98 12/97 12/97 12/98 12/99 12/98 12/99 12/97 12/98 12/99 Council then discussed appointment f Council liaisons to city commissions. Mayor Fair noted that he felt it was i portant that the Council members rotate in order to have a better under tanding of each commission. In addition, he suggested that it may be helpful to Councilmember Carlson if he were the liaison for a commission oth r than the HRA since there have been comments regarding conflict ofintere t on the community center issue. However, it was the view of Council ember Herbst that the liaisons should not be rotated every year since experi nce made them well-suited for specific commISSIons. A MOTION WAS MADE BY CLINT HE ST THAT THE COUNCIL LIAISONS REMAIN THE SAME FOR 1998. MOTI N WAS AMENDED BY BRUCE THIELEN THAT HE WOULD AGREE TO BE THE IAISON FOR THE HRA AND COUNCILMEMBER ROGER CARLSON COULD BE THE LIAISON TO THE PARKS COMMISSION . Voting in favor: Bruc Thielen, Clint Herbst, Roger Carlson. Opposed: Bill Fair, Brian Stumpf. otion carried. .-. Page 13 @ ~ ..I . . . 5A. Council Agenda - 1/26/98 (RW.) Change order #10 involves 15 modific tions to the WWTP project. The individual changes range in cost from $844 - $1,300, and the total increase in the cost of all 15 change proposal req ests (CPR's) is $37,047. Attached is a list of each individual c ange, cost, and description of the modification. With change order #10, the total amount of change orders to date is $136,517.50, which amounts 1.21% of the original contract amount of $11,283,200. B. ALTERNATIVE ACTIONS: 1. Approve change order #10 to 0 r contract with Adolfson & Peterson in the amount of $37,047 as outli ed. 2. Do not approve change order # 0 as outlined. c. STAFF RECOMMENDATION: It is the recommendation of the City dministrator, Public Works Director, and Project Engineer, Bob Peplin of DR, that the City Council approve change order #10 as outlined in alte ative #1. D. SUPPORTING DATA: Copy of change order #10. . . . 'I-D:l Change Order No. 10 Project Name: Wastewater Treatment Plant Expansion ~DR Project No.: 08124.004-164 Project Owner: City of Monticello, MN Owner's Project No.: 93-14C Date of Issuance: 1/16/98 Project Contractor: Adolfson and Peterson Date of Contract: 12/18/96 Contract Period: 12/18/96 - 10/15/98 It is agreed to modify the Contract referred to above as fo lIows: Item No. Item and DescriPtion of Chanqes Contract Price Contract Time Decrease Increase Decrease Increase 1 CPR No. 52R 0 $844 o days o days 2 CPR No. 63 0 $1,783 o days o days 3 CPR No. 69 0 $1,312 o days o days 4 CPR No. 70R 0 $2,914 o days o days 5 CPR No. 71 0 $4,570 o days o days 6 CPR No. 72 0 $1,750 o days o days 7 CPR No. 74 VOID VOID VOID VOID 8 CPR No. 76 0 $4,937 o days o days 9 CPR No. 80 0 $5,300 o days o days 10 CPR No.81 0 $2,604 o days o days 11 CPR No. 84 0 $2,127 o days o days 12 CPR No. 85 0 $913 o days o days 13 CPR No. 86 0 $1,602 o days o days 14 CPR No. 91 0 $1,093 o days o days 15 CPR No. 98 0 $5,298 o days o days Su -Total 0 $37,047 o days o days Differen e Net $37,047 o days o days Summary: It is agreed to modify the Contract referred to boye as follows: Contract Price prior to this Change Order Contract Time prior to this Change Order $ 11,382,670.50 Interim Completion Dates: February 1, 1998, March 1, 1998 and April 1, 1998 Final Completion Date: October 15, 1998 Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order 1$ 37,047 I 0 I Reyised Contract Price with all approved Change Orders Revised Contract Time with all approved Change Orders $11,419,717.50 Interim Completion Dates: February 1, 1998, March 1, 1998 and April 1, 1998 Final Completion Date: October 15, 1998 The changes included in this Change Order are to be ac omplished in accordance with the terms, stipulations and conditions of the original Contract as though included tt e rein. \ (I.CL1\ >1 ~~ ........ I / /If/? ~ \ A7f r Conlr~~: ~ loa, //;/fE I \ L-/J-Ji~~,/ I Recomr e dedfcl Approval By (HDR Engineering, Inc.) oat( , I \.- I I I Approved for Owner by: Attest Date Distribution: L-jOwner L-jContra tor L-jOffice L-jField L-jOther FORM 1Il-S02Q.2 (Version 1.0 Oc\ 90) ask 5020 !) If ." 11Il"S02Q.2 Copyrighl1991 HDR Engineering. Inc. ...---- ...- ..-.- .. ...- Change Orde r No.1 0 Wastewater Treatment lant Expansion Monticello ,MN Item CPR No. D scription Amoum 1 52R i.\oiler Ct1emical Feeders Pump, for BLRl 100. BLR1B200, BLRl8300 S844 Purpose: To provide 0 location for the 0 dilion of condlt1oning chemicals in each of ttle three boiler systems, 2 63 Adm. Bldg. - HVAC - Control dampers fe r AHU 9010 and AHU 9020. $1,783 Purpose: Modifications to the ductwork i ttle Mechanical Room of ttle Administration Building to accommodate for combusti n air conlTot 3 69 Headworks revised grading plan $1,312 Purpose: Revisions to the landscape pia and grading pion south of the Headwork's Building. 4 70R HVAC modifications. Headworks Bldg. $2.914 Purpose: Revisions to tne ductwork elev ltions 01 tne Headwork's Building to accommodale cleoronce issues. 5 71 Retaining wail. Insulation. Adm. Bldg. $4.570 Purpose: To add foundo1ion insulation c ttle Administration Building 01 areas in proximity to the retaining walls. a 72 Channel transition 01 grit cyclone unit $1,750 Purpose: lhe effluent channel trom ttle grit unit was modified due to a change in equipment suppliers. 7 74 Change Ughting Astronomical timers fr m B-channel to 2-channel 0 Purpose: The prcpcsed oredit tor the chan e in timers was not accepted. 8 76 Primary element locations - SBR $4,937 Purpose: lhe 10co1ions at tne analyticc equipment hod to be relOco1ed to ovoid piping conftlcts. 9 80 Acceptance at Bid alternate for roof" aair on Sludge Bldg. $5.300 Purpose: To accept the bid oltemo1e ~ ovlded wittl the Bid Proposal TO correct the roof reoo" on the existing Sludge Buildi g 10 81 Loco1e and odd circuit for PT3060 52.604 Purpose: To odd 0 canITol circuit for a reSsure transmitter 10co1ed on ttle aeration heoder In the Headwork's Buil ing. l' 84 Reroute conductors for CV3012, CV30: . and CV3032 tram CP3000 to CP:lOO1 52.127 Purpose: To reroute control wiring for t €I air control valves tor eoch SBR Tonk tram control ponel CP3000 To CP3001. 12 85 Add circuits for Decanter Actuator spc Ce heo1ers 5913 Purpose: To provide space heo1ers for he decanter motors provided tor each S8R decanter. 13 86 Provide Stainless Steel mounting plate or Uttrascnic level transmitters $1,602 Purpose: To provide 0 stainless steel m unting plate for each level transmitter 01 each SBR tank. 14 91 Location and mounting of light "xtures $1,093 Purpose: To provide for 0 chain/plug ounting vs. coble mounting on tne light fixtures laCo1ed in the lower le\lel of tn Headwork's Building. 15 Q8 Headwork's Bldg. ceiling point $5,298 Purpose, To paint the ceiling ot the groun level floor cf the Headwork's Building. This is being done on a time and malerial basis and will be adjusted in a subsequent Change Order. Total CO No. 10: $37,047 Original Comract Amount: $ 11.283.200.00 Change Order No. 1 $0.00 2 ($4,687.00) 3 $4.839.00 4 $10.376.00 5 510.635.00 6 $12,682.50 7 $39,982.00 8 $25.643.00 9R $0.00 10 $37,047.00 $136,517.50 t .21 % 01 original 0 ntract amount Revised Contract Amount: $11.419,717.50 Page 1 11 ~ -- - --- -..- -.. .- . . . fJ ,2.1/20/98 . 5B. . . Council Agenda - 1/26/98 beer license. (R.W.) The Monticello Softball Association h s again requested approval of their annual beer license to sell at the NSP oftball field concession stand. The Association will be presenting a letter of intent to acquire dram shop liquor liability insurance upon approval oft e City issuing a license, and the Council can approve the license conti ent upon receipt of the certificate of insurance for liquor liability and the a propriate fees of$137.50. Also enclosed for the Council's review s a copy of the 1997 Softball Association's income report summariz ng their income and expenditures, including concession stand revenue a d expenses. The Association has paid all of their fees up to date for 1997, in luding the annual $500 contribution they committed to for the lighting oft e softball field complex. In addition, our agreement with the Association h s them paying all of the electrical costs for the softball lighting. From their s mary report, they have indicated they had a net income of $1,219 after aying all of their expenditures. This information has been requested in the past by the Council to get an idea of the type of revenue and expenditures he Association deals with annually and to determine whether fee increas s are warranted to help defer the cost of lighting and maintenance at the so ball complex. Based on the summary, it certainly doesn't appear that there ould be additional revenue available to increase the team fees being charg d by the City unless the Association would likewise increase their charges 0 their member teams. B. ALTERNATIVE ACTIONS: 1. Grant the license contingent u on the receipt of the necessary insurance documents and appr priate fees. 2. Deny the license. C. STAFF RECOMMENDATION: It is the recommendation of the Admi istrator that the license be granted contingent upon proper insurance bei g provided. The City has not been made aware of any problems with thi license in the past, and I can see no reason why the Association should no be granted the license for the 1998 season. D. SUPPORTING DATA: Copy of 1997 financial report supplie by League Director Mark Banyai. 2 . . . 1997 MONTICELLO MENS SL WPITCH INCOME REPORT 24 Teams @ 400.00 Early Bird Tournament Men's Class C Districts Misc. Income Concessions 9600.00 4877.86 3861.62 2716.40 15,580.65 TOTAL INCOME 36,631.53 EXPENSES CITY OF MONTICELLO Liquor License Annual Light Bill Tournament Field Fee Field Fee 24 Teams @ 125.00 Electricity for lights Dram Shop Insurance MSF Tournament Sanctions MSF & MRPA Team Sanctions MSF Shirts District Entry Fees Tractor Maintenance Field Dragging Marties Trophies for Tournaments & Leagu Balls for League Phone Bill Umpires Tournament Directors Fee for Exp nses 2 @ 100.00 Down payment on ice machine Viking Coke Maus Foods Lindenfelser Meats Dahlheimer Distributing Sam's Club---Candy & Chips Concession Stand & Tournament Wo MISC: Propane, gas for tractor, tournament supplies, Monti and various other purchase 137.50 500.00 250.00 3000.00 715.18 1050.00 60.00 368.00 558.00 2000.00 101.61 800.00 147.19 452.42 2146.65 68.52 5752,00 kers rill, postage ello Times 200.00 500.00 2841.99 340.63 1565.96 4436.96 2241.61 3724.26 1453.73 TOTAL EXPENSES 35,412.21 GROSS INCOME FOR 1997 LESS EXPENSES FOR 1997 36,631.53 ,35,412.21 1219.32 NET INCOME FOR 1997 56,1 . 5C. . . Council Agenda - 1/26/98 interchanlfe access analysis. In October 1995, former City Enginee , OSM, completed an interchange access analysis report for the location of 1-94 and County Road 118 and submitted the report to the Minnesot Department of Transportation for review. The original contract with 0 M would require them to complete the report by inserting any comments M /DOT had regarding the report before submittal to the Federal Highway Ad 'nistration for consideration. MN/DOT has requested a few change be inserted in the report, which we are now ready to complete. Because a number of years have alre dy passed since the initial report was drafted, it may be necessary to updat the report to reflect the most current traffic information available and to u date the forecast volumes to the year 2020 rather than 2015. Since this up ate would be outside of the original scope of services, there would be an a ditional cost for someone to complete this report. Since WSB, our current engineering rm, is also familiar with the report, we have obtained proposals from both fir s on the expected cost to complete the report and to update it to 2020 foreca t volumes. If MN/DOT is agreeable to simply having their comments includ d in the report and to keep the information at the forecast level ofth year 2015, there would be no additional charge from OSM to compl te the report. Since it appears more logical to have the information updat d to the year 2020, the proposal from WSB appears to be more economical i that the cost estimate range is $2,000 to $3,000 compared to OSM's proposa of $4,000 to $6,000. B. ALTERNATIVE ACTIONS: 1. Authorize City Engineer, WSB to complete, submit, and obtain approval for the revised interc ange access at 1-94 and County Road 118 report at an estimated cos of $2,000 to $3,000 for updating it to the year 2020. 2. Authorize former City Enginee , OSM, to complete their initial report and update the statistical info ation to the year 2020 at an estimated cost of $4,000 to $6,000. 3. Authorize OSM to complete th report by including MNIDOT's comments where appropriate 'thout updating the information. If acceptable by MN/DOT, this w uld be at no additional cost to the City. 3 Council Agenda - 1/26/98 . c. STAFF RECOMMENDATION: Since it appears that MN/DOT would ike to see the report updated to include forecast volumes through the ear 2020, it is the recommendation of the City Administrator that WSB be a thorized to complete the report as outlined in their proposal. D. SUPPORTING DATA: Copy ofWSB and OSM's proposals. . . 4 Jan-21-9a 11:12A p.02 . . . ItA. Miuc!lac:&ut. 1'.1::. n,,~( A. Wdr;b:, 1'.L. Peter R. Willenhring. r.E. Dnnald W. Sf~rn~. P.E. Ronald 8. nr~y. P.L tJ Associates, Inc. 350 Westwood L ke Office 8441 Wayzata oulevard Minneapolis. N 55426 612-541-4 00 FAX 541- 700 January 21, 1998 Mr. John Simola Public Works Director City of Monticello 250 East Broadway PO Box 1147 Monticello, MN 55362 Re: CR 118 at 1-94 Interchange Access Analysis roposal WSB Proposal No. 005.98 Dear Mr. Simola: WSB is pleased to submit tills proposal to comple e, submit and ohtain approval lllr the revised interchange access at 1.94 and CRl18. Based 011 our conversation and knowledge of the p ~cct, we anticipate the following tasks would need to be completed: Task 1 Agency Coordinatiun: WSB will meet with MnlDOT District 3 and FHW to review the projeclto date and to outline the tasks and/or additional comments on the draft acce s report. Task Z Report Revisions: WSB will revise the interchange access report to the fomlat to fit the current format required by F traffic assumptil)ns and revising the analysis year dress all conunents IrOID Mn/DOT and revise W A. This task will also involve updating tile om 2015 to 2020. Task 3 Report Submittal: The final revised report will be submitted to MnlO T for their formal submission to FHW A. Ta5k 4 }C~HW A Comments: WSB will addres:\ any comments made by FHW A to obtain linal interchange access approval. Task S Federal Report Submittal: WSB will submit through MnlDOT the final re art addressing all comments from FHW A for signatures and access approva1. lnfra.~tnl{:tllrc E 'neer.~ Planners f,Q~JAl.fll'I'r)Rn.r ITV LM...LOYLR '''.'~W'~~e'':: I P.03 Jan-21-9a 11:12A . January 21, 1998 Page 2 The estimated cost to complete the analysis, su mit the report and obtain FHW A approval as outlined in the above tasks will be based on our eu ent hourly rates and it is estimated to range from $2000~$3000. This cost assumes that we will re eive the draft report in electronic format. The revised interchange analysis report can be complet d within one month following Notice to Proceed. The remaining tasks will be subject to on MnlDO and FllWA comment periods. Thank you for your consideration of WSB for th se professional engineering services. We look forward to working with you on this project all other projects in the future. I r you have any questions or require any additional information, p ease do not hesitate Lo give myself or Ron Dray a call at 541 ~4800. Sincerely. . ~toeJ:n~ Bret A. Weiss, P .E. Viee President e: Ron Rray bjf . 1::IW"WINlI'f/.UI'U~"AL IOIIJ. ~R\Olll v~i.....p.i 5C ... 2-- . & Associates Engineers Architects Planners Surveyors . January 8, 1998 John Simola Public Works Director City of Monticello 250 East Broadway P.O. Box 1147 Monticello, MN 55362-9245 RE: 1-94 Interchange Access An lysis Dear Mr. Simola: This letter is to document a propos I to address MnlDOT's comments and finish the referenced access study. s I understand the initial contract, the scope of services ended at MnlDO 's approval of the Access Analysis. At that point, MnlDOT would then submit he application to the FHW A. I would then put OSM's responsibility at finishin the report to include MnlDOT's comments. OSM would bc willing to update th report to reflect MnlDOT's comments at no cost. This is based on the unde standing that the City of Monticello has the information MnlDOT has requested to be changed on pages 5 and 12 of the Acccss Analysis regarding the T.H. 25 interchange. As we discussed earlier, due to the mount of time that has passed between our draft and this revision, and based 0 a conversation with Terry Humbert of MnlDOT, it may be necessary to u datc the report to reflect the most current traffic information available. Speciically, one of the possible changes mentioned was to update to year 20 0 forecast volumes for the analysis. This would require redoing much of the nalysis in the report. At this time, I would recommend a meeting with MnlDO and the FHW A to better define exactly \vhat should I (jofle 10 inliure appr val of the analysis. We have estimated the cost of coordi"alion with MnlDOT nd updating the report to current year analysis from $4000 to $6000 depe ding on the level of analysis required. We would be delighted to perform that ervice for the City. You have noted that the City may e interested in having another consultant finish the report should it require u dating. While we would be happy to provide that service, if the City so hooses, we would not be opposed to providing whatever license is neces ary to allow another consultant to finish it. h:\trans\'lIm\Jetters\980 1 08.js . 300 Park Place East 5775 Wayzata Boulevard Minneapolis, MN 55416-1228 612-595-5775 FAX 612-595SC -:3'775 . . . We would, of course, want our na e removed from the finished product should that happen. I hope this provides you with the i formation you need to move this important project forward. If you have any q estions or if I can be of any assistance please call me at 595-5615. Sincerely, ORR-SCHELEN-MA YERON & ASSOCIATES, INC. r-- 5~-;L Scott L. McBride, r.E. Manager Transportation Services h:\lrans\slm\1etters\980108.js 5"c -,If . 5D. . . Council Agenda - 1/26/98 (R.W.) Recently the City Council approved a oning ordinance amendment that created the Central Community Dis ct ordinance that would be used to guide the revitalization of the downto n area. The goal of the Central Community District zoning regulatio s was to provide a method of implementing the downtown develop ent plan goals and objectives. Development proposals in the downto n area may require more extensive City review, including Planning Co ission and City Council scrutiny. Although the actual zoning boundari s have not yet been created for the Central Community District ordinan , the MCP Design Advisory Team has been volunteering their services to re . ew proposals that are now occurring in the downtown area. It is recomme ded that the Council confirm the appointments of the following people 0 the Design Advisory Team from the MCP group to help ensure that the in ended guidelines of the Downtown and Riverfront Revitalization Plan are ad ered to for new buildings and project expansions that are occurring in the owntown area. The individuals recommended for appointment are P Campbell, Gayle Cole, Ron Hoglund, Rita Ulrich, and Susie Petrowski. In addition to these appointments, City staff members Fred Patch and Ollie oropchak will serve as advisors and City liaisons to the team. B. ALTERNATIVE ACTIONS: 1. Confirm the appointment of th five individuals listed above to the Design Advisory Team for revi wing projects in the Central Community District zoning ar a. 2. Do not make any appointment at this time. Although the final zoning boundary istrict has not yet been officially established, the Design Advisory Te members noted above have been involved in reviewing any building p ojects that are now occurring in the downtown area. I believe it will cert inly be beneficial for the Planning Commission and the City Council to ave a Design Advisory Team be able to 5 Council Agenda - 1/26/98 . review and comment on proposals pri r to Planning Commission and Council involvement to ensure that it meets t e goals and objectives of the Downtown Revitalization Plan. As a result, it is ecommended by the City Administrator that the appointments e confirmed as noted. D. SUPPORTING DATA: Copy of memo from MCP. . . 6 JAN- 9-98 FRI 9:1~ Mon~ic.1 10 A~e~ C. of C. 61229~27BB P."':':: . . . .' ..~ Monticello Community Partners MEMO January 9, 1998 PO Box 984 Monticello MN 55362 295-0999 To: Mayor Bill Fair; Councilman Roger Carlson; Councilman Clint Herbst; Councilman Brian Stumpf; Councilman Bruce Thielen From: Rita Ulrich, MCP Manager ~ Re: In keeping with our work on the Downtown and Ri erfront Revitalization Plan and the Central Community District Ordinance recently approved b the City Council, Monticello Community Partners (MCP) hereby submits for your considera ion the following people for appointment to the Design Advisory Team: Pam Campbell, Gail ole, Ronald Hoglund. Rita Ulrich. and Susie WojchOuski. Each of these nominees is well vers d in the design guidelines incorporated in the Downtown and Riverfront Revitalization Plan a d has participated in training on design considerations and building rehabilitation for down own Monticello. It is our understanding that Fred Patch and Ollie Koropchak will serve as advi ors and city liaisons on the Team. Monticello Community Partners is committed to p viding ongoing training and education for Team members so that they may carry out their d ties in a knowledgeable and professional manner. We will be convening a meeting of the T am in the third or fourth week of January to work out procedures and guidelines for reviewing roposals and applications in accordance with the Central Community District Ordinance. It is our belief that the Design Advisory Team will ake a valuable and lasting contribution to the visual enhancement and economic revitalizati n of Monticello. Thank you for your consideration. cc: MCP Board of Directors Fred Patch, City of Monticello Ollie Koropchak, City of Monticello Design Advisory Team members 5'D-1 . . . 5E. Council Agenda - 1/26/98 (R.W.) The Land of Lakes Choir Boys pull-t b gambling operation located in J.P.'s Annex will be expiring April 30, 199 . The organization is requesting approval from the City Council for re ewing their license application with the State Gambling Control Board. In the past, the Council has requeste that all gambling license operations submit a financial summary report t at indicates their overall revenue and summarizes their charitable contrib ions since the last renewal. A financial report enclosed with the agenda sho s that the Land of Lakes Choir Boys organization uses approximately 60% of their net profit for general operations of the Choir Boys organiz tion and also summarizes the other contributions within our community. As you will note, this organization has contributed $6,000 to the City to be u ed for our tree planting restoration project planned in the spring of this ear. B. ALTERNATNE ACTIONS: 1. Adopt a resolution authorizing the State Gambling Control Board to issue a pull-tab license to the and of Lakes Choir Boys organization for J.P.'s Annex. 2. Do not adopt a resolution appr ving the license request. C. STAFF RECOMMENDATION It has been the Council's past policy ot to oppose any gambling license application request as long as the org nization was deemed to be a local organization conducting the gamblin activity. It appears from the financial information supplied that the organi ation does contribute charitable contributions locally, and the staff do s not have any reason to oppose the renewal of this application request. D. SUPPORTING DATA: Copy of resolution; Coyp of financial ummary; Copy of application. 7 . . . RESOLUfIO 98~ RESOLUfION AUTHORIZ NG THE ISSUANCE OF A GAMBLIN LICENSE WHEREAS, the Choirboys Elk River Land of akes has submitted an application to the City Council of Monticello for the issuanc of a charitable gambling license to conduct gambling at JP's Annex located in M nticello, Minnesota; and WHEREAS, upon review of the organization' activities, the Council is not opposed to the gambling license being issued by the S ate Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED BY HE CITY COUNCIL that the Choirboys Elk River Land of Lakes organiza on's application for license issuance listed above is hereby approved, and the Sta Gambling Control Board is authorized to process the application. Adopted by the City Council this 26th day of anuary,1998. Mayor City Administrator ~~I LAND OF LAKES HOIRBOYS CONTRIBUTIONS MADE FROM GAMBLING OPERATIONS MAY 1996 THROU H APRIL 1998 . Date Organization/Business ur ose Amount Total % Land of Lakes Choirboys General ope ations $ 64,102 60.0% Monticello: Payments to Date June 1996 Monticello boys In LOLC 1996 Europ an tour scholarships $ 1,210 Oct. 1996 Monticello Public Schools ECFE 1,500 Nov. 1996 Monticello Public Schools Costume for Magic mascot 1,500 Apr. 1997 Monticello Bus Accident Fund Aid victims f school bus accident 1,000 Monticello Public Schools Band 1,000 May 1997 Gruys, Borden, and Carlson Annual audi 600 Aug. 1997 City of Monticello July 1, 1997 storm restoration 6,000 St. Henry's Catholic Church Youth progr m 1,000 Monticello Public Schools Band 6,100 Oct. 1997 Monticello Public Schools Sewing ma hines for color guard 1,200 Monticello Public Schools Crossroads program 1,200 Monticello Food Shelf Thanksgiving baskets 1,000 Nov. 1997 Little Mountain Elementary School Acoustic pa els 4,000 Pinewood Elementary School Memorial pi yground 3,000 Monticello Public Schools ECFE 1,000 Dec. 1997 Monticello Public Schools Computer s ftware 1 ,000 . Total Payments to Date $ 32,310 Amounts Pledged, Contingent Upon Parent roup Vote Monticello Public Schools Graduation party $ 2,000 Riverfest General do ation 2,500 Monticello Public Schools Four $500 cholarships 2,000 Monticello Middle School General do ation 1,000 Little Mountain Elementary School General do ation 1,500 Pinewood Elementary School General do ation 1,500 Total Amounts Pledged $ 10,500 Total Paid/Pledged to Monticello Organiz tions/Businesses $ 42,810 40.0% Total $ 106.912 100.0% . SE,~ LAND OF LAKES CHOIRBOYS GAMBLING OP RATIONS MAY 1996 THROUGH DECEMBER 1997 . Total OPERATING INCOME Gross Sales: Gross sales - pull tabs $ 2,935,543 Gross sales - meat raffle 9,000 Gross Sales $ 2,944,543 Less: Prizes paid - pull tabs (2,520,559) Cost of pull tabs sold (56,036) Cost of meat sold (6,000) Gambling tax (81,110) Combined receipts tax (81,004) 2% tax credit/refund 7,812 Cash over (short) (775) Net Sales $ 206,871 .. OPERATING EXPENDITURES . Salaries $ 69,439 Rent 20,000 Supplies, bank charges, etc. 4,200 Furniture/Equipment used for gambling 5,234 Professional services 1,400 IRS - UBIT 685 MN Dept. of Revenue - UBIT 419 Total Operating Expenses $ 101,377 Net Operating Income $ 105,494 LAWFUL PURPOSE EXPENDITURES Land of Lakes Choirboys $ 64,102 Monticello organizations/businesses (see attached sh et for detail) 32,310 Total Lawful Purpose Expenditures $ 96,412 Profit Carryover, Ending $ 9.082 . 5€~3 L~PPR PRINTED: LICENSE NUMBER: B-04926-001 STATE OF MINNBSOT. GAMBLING CONTROL BO PREMISES PBRMIT RBNBPTAL AP LICATION IFOR BOARD USE IAMT PAID I CHECK NO. I DATE ONLY I I I I Northeast EFFECTIVE DATE: 05 01/96 EXPIRATION DATE: 04/30/98 GAMBLING S INFORMATION NAME OF ORGANIZATION: Choirboys Elk River Land of L Minn NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE JPs Annex 530 Cedar St Monticello 55362 COUNTY wright IS THE PREMISES LOCATE WITHIN THE CITY LIMITS?: Y LESSOR I FORMATION DOES YOUR ORGANIZATION OWN THIS SITE?: No IF NO, LIST THE LESSOR: Rob Hoffman 1641 Hiawatha Ave Big Lake MN 55309 ,NAME OF PROPERTY OWNER (WHEN NOT LESSOR) : ilillside Partners o AMOUNT PAID FOR RENT PER MONTH: 1000 AMOUNT PAID PER OCCASION: 0 'S.E FEET PER MONTH: S E FEET PER OCCASION: 63 BINGO CTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, R FER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT 19141 Co Rd 15 Elk River MN 55330 -+ STORAGE ADDRESS {An.f:..Pt Apfs /22- :Sc..~1 5fIL ~/!- /2,'v...w< f?1AJS5330 BANK I First Bank 307 Pine St Monticello MN 55362 GAMBLING BANK ACCOUNT NUMBER: 173101044134 ON THE LINES PROVIDED BELOW LIST THE NAME, ADORES AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND W THDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMEL NO {.. (BE SURE TO CO PLETE THE REVERSE SIDE OF THIS APPLICATION) B?€ :Oi/-QUEST THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE ACKNOW EDGMENT GAMBLING PREMISES AUTHORIZATION .REBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFF CERS, THE GAMBLING CONTROL BOARD, OR AGENTS HE BOARD, OR THE COMMISSIONER OF REVENUE OR P LIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPEC THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURR NT GAMBLING RULES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; ALL OTHER REQUIRED INFO~~TION HAS BEEN FULLY DI I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZA I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LA OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNE OTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISS D A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; ANY CHANGES IN APPLICATION INFORMATION WILL MITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE RANGEi I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED IN ORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATI N OF THE PREMISES PERMIT. VE OFFICER DATE GOVE NT ACKNOWLEDGMENT THE C.TY* MUST SIGN THIS APPLICATION BLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCOR ORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE T WNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. 5.' A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESO UTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UN T OF qOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THA THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. DATE RECEIVED IGNATURE OF PERSON RECEIVING APPLICATION -CITY* OR COUNTY.. CITY OR COUNTY NAME SIGNATURE OF PERSON RECEIVING APPLICATION T. DATE RECEIVED REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBL NG CONTROL BOARD SE r-- 1711 W COUNTY B - SUITE 300 S . "" :). . ROSEVILL , MN 55113 . . . 5F. Council Agenda - 1/26/98 City staff was recently notified that th United States Postal Service is requiring that mechanical postage me ers be phased out of use and replaced with electronic postage meters by Dec mber 31,1998, because the new electronic and digital metering syste s available today are far more secure than mechanical meters, which enhan es protection of postal revenues. In addition, they have requested that cu tomers replace their postage machines as soon as possible to avoid delays du to high demand at the end of the conversion period. The current mechanical meter at city all is leased through Pitney Bowes at a cost of $43 per month, and the City wns the mechanical meter base and small scale. The following options fro Pitney Bowes provide for leasing a postage meter, meter base, and scale, and also include incentives for making the conversion during the month of J nuary. In addition, all of the options provide for the City owning the maili g base and scale at the end of a 51- month rental term; however, because wnership of postage meters is not allowed, the City would continue leas ng the meter after the 51-month term. Option 1: E500 semi-automatic ail machine with 5-lb. interfaced scale. Seals, meters, and stacks mail at 60 pieces per minute and uses manual feed st 'p tapes. Incentives: Free po tage by phone resets ($9.50 value per reset) $200 fre postage Cost: $106.05 per month Option 2: E520 semi-automatic scale. Seals, meters, an uses automatic feed tap selection. ail machine with 5-lb. interfaced stacks mail at 80 pieces per minute; rolls; and has push-button tape Incentives: Free po tage by phone resets ($9.50 value per reset) $300 fr e postage Cost: $138.00 per month 8 Council Agenda - 1/26/98 . Option 3: E590 automatic mail achine with 5-lb. interfaced scale. Seals, meters, and stac mail at 150 pieces per minute; has an automatic envelope feed r; uses automatic feed tape rolls; and has push-button tape se ection. Incentives: Free po tage by phone resets ($9.50 value per reset) $300 free postage Cost: $166.05 per month Based on the volume of mail and esti ated amount of postage used per month, and after reviewing the feat es and cost of each machine, the E520 semi-automatic machine in option #2 appears to be the most appropriate for city hall. The City would also have the option f immediately purchasing the meter base and scale at a cost of $4,202 an leasing the postage meter for $53 per month; however, when considering m intenance agreement cost and interest lost on $4,000, the total cost to outrig t purchase the base and scale would amount to more than leasing the enti e package. . B. ALTERNATIVE ACTIONS: 1. Motion to authorize entering i to a lease agreement with Pitney Bowes for a E520 semi-automatic mai machine, postage meter, and 5-lb. electronic scale at a cost of$13 per month as noted under option #2. 2. Motion to authorize entering i to a lease agreement with Pitney Bowes for equipment listed in one of e other options. C. STAFF RECOMMENDATION It is the recommendation of the City dministrator and Office Manager that the Council select alternative #1 and enter into a lease agreement with Pitney Bowes for the E520 semi-auto atic mail machine and 5-lb. electronic scale at a cost of $138 per month. AI hough this amount was not specifically listed as a line item in the 1998 budg t, the cost per month is minimal and would be covered within the normal perations budget for city hall administration. D. SUPPORTING DATA: . None. 9 . . . 5G. Council Agenda - 1/26/98 (J.G.) As you know, Robbie Smith moved fr m the Parks Commission to the Planning Commission. The Parks C mmission interviewed two candidates, Roy Popilek and Jennifer Fearing, fo the position. The Parks Commission recommended Jennifer Fearing for t e position. Please see the attached letter for more information on Jennifi r. Both candidates were excellent, which made the choice difficult for th Commission. Please note that the second candidate will be notified of a y future commission vacancies. B. ALTERNATIVE ACTIONS: 1. Motion to appoint Jennifer Fe ring to the Parks Commission. 2. Motion to appoint another or t ble the matter. C. STAFF RECOMMENDATION The City Administrator recommends alternative #1. D. SUPPORTING DATA: Copy ofletter from Jennifer Fearing. 10 . . 1(,1': \i0c~ndCL kvctenlt\ FY"onl : Je.nn\fe~ ~e~~\2\I)~~ ~e~(((\.l lIS -\-he.. rox Ks cmc\ len/mIssion PCS\ hen, \-\e( e \S Cl \ i \+)c tx:t 'KS(OLlf;d \Yl "~c('\'O.h()n en fr\~\t . 1\\ \C\CjO l jvo<:\ Lw: 'c\ "'tiT) Lil-thhc\cl f-1i~hScic0':: I l \\t:":n \fno~fd tv . ' . Pald UJ\fevL ...L C\.wded Oird ~\ \r(\c\uo..-icc\ \\U. m~' \ i ne__ '\Lrl\ \i~ s\ hI \ n \~ g Y . '1-, :J~{0.ue..ted \.Di\-r: ~ \~(,\JO( HI ~k~\Y-lt;ot}::~) S\t0\es o.y)(:\ C'- \y\\ nor \ n k~Cl\ "Sruc\lfS; \\1\1 t \c l Cl \\t.ndec\ , OJ) ') \ \ )c I lWCY keel CLt ~S\ ,o)trYlt\o\l'l: Eo.st a.s. Cl nUts\ Y:l " CLSSIS, roJ ,i-. .1. \UOl'Ked -\--\~\"t fy1) JG\Yl. \gq \ - Ht~, \qq Y . ''1., Cl\~ luo(ked w\ h Jo\t\\~on Ccx'()~,-^n\1-t; '2(\ \).(Q\--) 0(\ Qs Cl 'Ct-+ex- S:ltc~ JY,SLu.c \nv . l \l)()V\~c\ ~\'\e\--e III Jo..n \qq\ - June. \qql-. ,'Oll\\ rt3 \Y\\.) ~\rne '\ ~h JC.hOSD(l ! 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'-: tlllLLJIL V a(O,'l1I(5 S'G,-2- . . . . SH. Council Agenda - 1/26/98 The EDA requests that City Council eview GMEF Loan No. 014 for compliance with the GMEF Guidelin s. The GMEF Guidelines state: "The EDA shall have authority to approve or deny loans; however, within 21 days of ED A approval, the City Council m y reverse a decision by the EDA to approve a loan if it is determined by ouncil that such loan was issued in violation of the GMEF Guidelines." On January 20, 1998, the EDA appro ed GMEF Loan No. 014 for T.J. Martin, Inc. dba Lake Tool, Inc. Cent financial statements were submitted and analyzed as acceptabl (reasonable) by Marquette Bank Monticello. For your review, enclose as supporting data is the approved outline used by the EDA for determin tion of GMEF public purpose and policy compliance. The machinery and equipment loan as approved for $87,500 at a 6.5% fixed interest rate amortized over seven ye rs. Loan fee set at $200 and GMEF legal fees the responsibility of the ap icant. The GMEF loan will take a second position on the M&E behind t e lender and SBA. Collateral, guarantees, and other condition requi ements to be determined and prepared by the GMEF attorney. Currently, se en jobs exist, excluding the owners, and it is projected that five additional jobs at average annual wages of $30,000-$40,000 will be created withi two years. Since the company moved into their new facility at 1347 Dundas Circle in September 1997, the tax base will not increase with the purchase of he M&E. As of January 20, 1998, the annual G EF appropriation balance is $200,000; upon disbursal of approved MEF No. 014, the remaining appropriation balance will be $112,50 . It is suggested the $87,500 be transferred from the SCERG-Aroplax ccount. After review of the approved EDA outl'ne for GMEF public purpose and policy compliance, the EDA requests t e City Council consider the following actions. 11 . B. ALTERN A 'rIVE ACTIONR: Council Agenda - 1/26/98 1. A motion stating that City Co ncil has determined the EDA approval ofGMEF Loan No. 014 for T.J Martin, Inc. was approved without violation of the GMEF Guideli es; therefore, Council supports the decision by the EDA for loan a proval. 2. A motion stating that City Co ncil has determined the EDA approval ofGMEF Loan No. 014 for T.J Martin, Inc. was issued in violation of the GMEF Guidelines; therefo e, the Council reverses the decision by the EDA for loan approval. 3. A motion to table action until t e February 9, 1998, Council meeting. C. STAFF RECOMMENDATION: Recommendation is for alternative #1. D. SUPPORTING DATA: . Copy of the GMEF criteria used by th EDA; Copy of the preliminary application; Copy of the GMEF Appr val Form. . 12 . . . BOA AGENDA JANUARY 20, 1998 3. A. Reference and Background" GMEF Loan Request: $100,000 M&E loan, seven years. Project Summary: Lake Tool, Inc., a tool shop which builds p astic injection molds, is owned by Carl, Eric, and Dennis Bondhus. T.J. Martin, Inc., a innesota corporation, constructed and leases the new 9,000 sq ft manufacturing/office fa ility located at 1347 Dundas Circle to Lake Tool. The company relocated and moved . to the new location in September of 1997. The City provided TIP assistance in the am unt of$37,900 for land acquisition and site improvements. TIP District No. 21 was ce ified by Wright County on December 6, 1996 and the construction project was to create ve new jobs within two years at an average annual wage of $40,000. Since applicatio ofTIF in October, 1996, Lake Tool employment has grown from two to seven atisfying the TIP job requirement. The company originally planned to apply for th GMEF at time of construction; however, elected to purchase machinery and equipm t at a later date. The machinery will be purchased byT.J. Martin, Inc., leased to L e Tool, Inc. and guaranteed by the owners. The total number of employees today is se en excluding the owners, and the company plans to hire five new employees at an ann al average wage of$30,000-$40,000 within two years. The purchase of the following machinery '11 cause the company to be more viable, increase efficiency, and provide job securit . Uses of Funds SuperMax Max-4 Rebel CNC Bedmill Mitsubishi EX8 CNC EDM Fadel VMC3016 CNC Bedmill and misce 2 - Chevalier Accugrind Super Precision S TOTAL USES OF FUNDS eoustooling face Grinders $110,000 $130,000 $ 94,000 $ 16,000 $350,000 1 sl/,/ . . . EDA AGENDA JANUARY 20, 1998 Sources of Funds Marquette Bank SBA(7a)* GMEF Equity TOT AL SOURCES OF FUNDS $100,000 $153,750 $ 87,500 $ 8,750 $350,000 * Ifthe SBA(7a) program is not approved, provide the funding. arquette's Lease Financing Company will NT F PUBLIC PURPOSE CRITERIA: Must co ply with four or more ofthe criteria listed below, criteria #1 being mandatory. 1. Creates new jobs: Seven jobs c two years. endy, five additional (37.5 hpw) jobs within ual average wage, $30,000-$40,000. 2. Increases the community tax base: The purchase of machinery does not increase the tax base. To assist an existing industrial business to improve their operations. The company's bus. ess environment meets the City's industrial objectives: Nature 0 business, service and product, no adverse environmental effects, the comprehensive plan and zoning policy. 3. Factors: 4. Used as a secondary source to su 1ement conventional financing: The GMEF will be the secondary s urce of funding to the lender, Marquette Bank. 5. Used as gap financing: 6. Used to assist other funds: as gap financing (see Letter from Lender) and incentive to encourage economic development. "tion to the lender, an SBA application is .tted for funding approval. Per the lender, time raints prevent applying for CMIF or Wright ty funds. SH-Z- . . . EDA AGENDA JANUARY 20, 1998 1. BUSINESS ELIGIBILITY: Industrial business: Yes. Located within city limits: Yes, oned 1-2. Credit worthy existing business: For determination by Marquette Bank. $10,000 loan per each job created. $ 0,000 X 5 = $50,000. $5,000 per every $20,000 increase. personal property used for business purposes, whichever is higher. $20,0 0 divided by $350,000 = 17.5 X $5,000 = $87,500. Recommendation and approved: II. FINANCING METHOD: Companion Direct Loan: All su h loans may be subordinated to the primary lender s) if requested by the primary lender(s). The GME is leveraged and the lower interest rate of the GME lowers the effective interest rate on the entire projeC . Recommendation and approved: he GMEF take a second position behind Marquette BanklSBA on all the achinery. III. USES OF PROCEEDS: Machinery and equipment. IV. TERMS AND CONDITIONS: Maximum not to exc ed 50% of the remaining GMEF balance. Annual GMEF Appr priation Balance, January 20, 1998, $200,000. Request: 100,000. Recommendation and approved: $87,500. Remaining GMEF Balance: $112,500. Loan Size: 3 5'/1"'3 . . . EDA AGENDA JANUARY 20, 1998 Leveraging: Minimum 60% priva e/public non-GMEF. Maximum 30% GMEF. Minimum 10% equit of GMEF loan. Marquette Bank (9.1 x" 7 yrs) SBA7a (9.1%,7 yrs) GMEF Equity TOTAL $100,000(28.5%) $153,750(44%) $ 87,500(25%) $ 8,750(2.5%[10%]) $350,000(100%) Loan Term: Personal property no to exceed life of machinery or equipment (generally 5- 7 years) Requested: 7 years Recommendation and approved: years, same as lender. Interest Rate: Fixed rate not less t rate per National Ba loan approval. 2% below Minneapolis prime rate. Prime (First Bank) of Minneapolis on date of ED A Prime rate January 2 , 1998 - 8.50% Approved 6.50% fi ed rate. Minimum fee of$20 but not to exceed 1.5% of the total loan project. Paid by app . cant to the EDA within five working days after City Council a roval of GMEF loan. Nonreftmdable. Loan fee may be incorpora ed into project cost. EDA retains the right to reduce or waive loan fee or portion ofloan fee. Loan Fee: It has been the past p actice of the EDA to collect the 1.5% ofthe total loan. For this a plication, that fee would be $1 ,3 I 2.50. The GMEF fee has receiv d criticism from some applicants as the applicant is also resp nsible for legal fees associated with the GMEF. Recommendation: At least, the m nimum fee of $200. Approved: $200. Prepayment Policy: No penalty fo prepayment. 4 ~H-~ . . . EDA AGENDA JANUARY 20,1998 Deferral of Payments: 1. Approval of the EDA membership by majority vote. 2. Extend the balloon if unable to refinance, verification letter from tw lending institutions subject to Board approval. Interest limitation on guaranteed 10 Not applicable. AssumabiIity ofloan: None. Business equity requirements: Subject to type ofloan; Board of Directors will determine case by case, analysis under normal lending guidelines. Equity requirement fl r GMEF loans is 10% of the GMEF loan or $8,750 for this applic tion. Previously, up-front TIP has been used as equity; however, t .s is not applicable. For SBA approval, the EDA is requested to tructure the GMEF loan with interest payback payments a ortized over 84 months and principal payback payments amortized ver last 60 months of the 7-year loan. In other words, the ED would be subordinating the equity for the first twenty-four mon hs. Recommendation and approved r quest to encourage industrial growth of existing businesses who pay livabl wages. Collateral: Machinery and equip ent liens (except equipment exempt from bankruptcy) and pers nal and/or corporate guarantees (requires unlimited personal g antees) as per the GMEF attorney. Non-performance: An approved MEF loan shall be null and void if funds are not drawn up n or disbursed within 180 days from date of EDA approv 1. January 20, 1998 approval-loan ecomes null and void July 20,1998. Non-performance extension: Not a plicable. Legal Fee: Responsibility of the MEF applicant. 5 5H....~ . . . BOA AGENDA JANUARY 20, 1998 B. Recommendation: Recommendation is to review this. ormation prior to the EDA meeting for discussion and potential questions. Carl or Eric Bondhus or Chad Vitzthum, Marquette Bank will be present at te BOA meeting. Consideration to approve or disapprove GMEF Loan No. 014 is the next agenda item. C. Supporting Data: Preliminary GMEF application, list f equipment, and letter of intent from lender if received prior to agenda mailing. 6 5H--~ . . . DEe 38 '97 11: 34hr1 CITY OF MONTICELLO G?..s;::~ ~'JN':!C~ :.vrE:S':; :::..: sr.: 250 E.r.S;: BF. y;A~ r'.ON'TIC::-.:...LO, P.2/8 P?~L~~!~~~~ ~~~! !.OAN . AP~S':;:c.~"':': Lake Tool, Inc. FI?~ C?, ':'?...~E N.a...'tE: c[JS::X2SS ACDRZSS: C 1. r c e, Er1.c Bondhus T:::r.Z.~::::CNE: BOS:i:N:.:SS D.a_~~ ::ST.A2r..::Sc.;;,:';: 6-1-86 ~[.o~ I.D. i:41-1851029 SG~::: :??OPp..!:;;:OR !'}lL"'N::SSE!? xx Nll-.ME Dennis Bondhus Qw"NE?.5e:::? .. 33.33% 33.34% ??.QJ::C: [,CC.~'!!ON; NEW SlJS!NESS xxx TOT;":' PP.CJZC cos~ Es:L.'9..TE: ~ 350 000. 00 . ??OPC$ED aszs; R;.;GC::ST: .. LAND $ ~C!S~!~G BUILDING CONS~,1JC:!CN 1"_~C::!NEP.:::' QIlX'!.\L 350. 000 . 0 Q IoiOFXING aPI~ C'F.2? TC~ USES ~ h'!OONT OF t.QAN 1 0 0 , 00 0 . 0 0 P21.T'JRJ..~ &: TEPl'.$ REQtrES'r!D 7 Y r s AP:?LIQN.:' S EQO!~ i:.OAN pQRPOS:::: l1rl r.h; n P. purc;::hase '- l'?,OPCSZD 3EGINNING DA~; 1-15 - 98 ESTI.c~;T:::J CJMPLE":'ION DA':!: T::'!:!.Z TO P?O.2C!' A.SSZ':'S TO BE t:":;1'v B!: x x X AL...~, EGO MN 55362 P}.';;'~!CT2A::n1G LENDE::t: Marquette (Name) 106 Pine St,. Monticello, (Ac.d::~ssl .. Chad v' (Cor::.ac:. re::scn) 2 ?~.ES=:NT ~ OF E..~LO'!EES: ~ ~ \..0 Ji.... .~ \ ').. ? l.\9 /1 "'\.6- P?C,,;EC!'~ ~ OF EMPLOY:::::S <.) ADDI:::rONi'-..!.. PPDU":E:C: IN:FC:l"},:!':::CN: purch & Fadel VMC3016 CNC Bedmill & ~;;:l'u.,.grind super~.precisi~ Surf ""-" _ ~..:.C.;N7 SIGNi'.~...:.. se of new Su erMaxMax-4 Rebel CNC Bedmi Mitsubishi EX8 CNC EDM & 2 Chevalier ce Gr-inders. DA'!'~ SIQtED: 1 /8/98 ~H- --7 . . . , . ~ APPROVA OF GREATER MONTICELLO ENTERPRISE FUNDS BY ECONOMIC DEVELPM NT AUTHORITY IN AND FOR THE CITY OF ONTICELLO, MINNESOTA Preliminary Loan Application Approval. 1-20-98 Loan terms negotiated and agreed pon betweeen the developer, the lendin insti tution, and the EDA Executive Director. LENDER. DEVELOPER. EDA Formal Loan Application and Financial Statements analyzed by the lending institution, BDS, Inc. or city staff. LENDER Building and Site Plan Preliminary and/or Final Review. NOT APPLICABLE Building Permit approval or constr ction commitment. NOT APPLICABLE Loan documents reviewed and/or pre ared by the City Attorney. AUTHORIZED DAN GREENSWEIG ECONOMIC DEVELOPMENT AUTHORITY APP OVAL OR DISAPPROVAL: LOAN NUMBER GMEF NO. 014 LOAN APPROVED YES BORROWER T.J. MARTIN. INC. dba LAKE TO L. INC. ADDRESS 1347 DUNDAS CIRCLE. MONTICELLO LOAN DISAPPROVED LOAN AMOUNT EIGHTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($87.500) M&E RATE 6.5% FIXED DATE JANUARY 20. 1998 TERMS SEVEN YEARS * FEE $ 200 PAID WITHIN FIVE WORKING DAY OF COUNCIL APPROVAL JANUARY 26.1998 ** OTHER (SECOND PAGE) A motion was made by EDA Cemmissie er BARB SCHWIENTEK to (approve - ~) Greater Men icello Enterprise Funds in the amount of EIGHTY-SEVEN THOUSAND FIVE H NDRED DOLLARS AND NO CENTS dollars and cents to developer T. J.'MARTIN. INC. this 20TH day of JANUARY Seconded by EDA Commissioner CLINT HERBST YEAS: SCHWIENTEK NAYS: NONE. HERBST HOGLUND ABSENT: CARLSON MAUS DEMEULES LAHR GMEF disbursed 19 by Check No. EDA Treasurer CITY COUNCIL MAY REVERSE AN EDA L AN DECISION WITHIN TWENTY-ONE DAYS OF EDA APPROVAL. TO CITY COU CIL. JANUARY 26. 1998. ~H-f . . " GMEF Approval Page 2 ACCEPTANCE OF TERMS I (We) hereby accept the terms tated above as approved by the Economic Development Authority in and for the City of Monticello. DATED: * INTEREST PAYBACK PAYMENTS AMORTIZED OV R 84 MONTHS AND PRINCIPAL PAYBACK PAYMENTS AMORTIZED OVER LAST 60 MONTHS OF THE 7 YEAR LOAN. ** JOB CREATION: SEVEN CURRENTLY EXCLUD NG OWNERS. FIVE ADDITIONAL (37.5 HPW) WITHIN TWO YEARS. ANNUAL AVE GE WAGE. $30,000-$40,000. MACHINERY & EQUIPMENT LOAN IN SECOND OSITION BEHIND LENDER, MARQUETTE Bfu~ fu~D SBA LOAN BECOMES NULL AND VOID JULY 20, 1 98 IF FUNDS HAVE NOT.BEEN DISBURSED. GMEF LEGAL FEES RESPONSIBILITY OF APP ICANT. COLLATERAL: MACHINERY AND EQUIPMENT lENS (EXCEPT EQUIPMENT EXEMPT FROM BANKRUPTCY) AND PERSONAL AND/OR CORPORATE GUARANTEES (REQUIRES UNLIMITED PERSONAL GU TEES) AS PER THE GMEF ATTORNEY. SUBJECT TO LENDER AND SBA OR FINANCE LIST OF MACHINERY & EQUIPMENT: SUPE MAX-4 REBEL CNC BEDMILL MITSU ISHI EX8 CNC EDM FADEL VMC3016 CNC BEDMILL AND MISCELLANEOUS TOOLING 2 - C EVALIER ACCUGRIND SUPER PRECISION SURFACE GRINDERS 5'11 - '1 . . . 7. Council Agenda - 1/26/98 The City Council is again asked to a opt an assessment roll for utility billing accounts which are delinquent more han 60 days and to certify the assessment roll to the County Audito for collection on next year's real estate taxes if not paid by November 30, 19 8. The delinquent utility accounts that re included with the agenda are accounts that are at least 60 days pa t due and include all new delinquents from the last time we certified them. In addition to the delinquent amount, the Council also previously approved the establishment of an administrative fee of $25 per account that is added t each delinquent assessment. The amounts shown on the enclosed delin uent utilities list include the additional $25 administration fee for the preparation of the assessment roll. Council may wish to note that sever accounts total over $500 to the property owners. The City can serve otice to turn off their water service if the bill is not paid promptly. The ac unts affected are 003-0003-00-00 and 003-0004-00-00 (APD Properties), 5- 080-00-00 (Dairy Queen), and 5-0090- 00-00 (Monticello Mall). It is recommended that the delinque t accounts be put on an assessment roll for certification in 1999 at an interes rate of 8% as allowed by state statute. As in the past, if any accounts are pa d within 30 days after the adoption of the assessment roll, they can be paid without the additional interest. Mter 30 days, payments will be charged in erest and can be accepted up to November 30,1998. B. ALTERNATIVE ACTIONS: 1. Adopt the assessment roll for t e delinquent charges as presented. 2. Based on public hearing input, adjust the assessment roll as required. C. STAFF RECOMMENDATION It is staff recommendation that the C uncil adopt the assessment roll as presented. All of the accounts are at east 60 days past due and have been given proper notice of this assessmen hearing and ample opportunity to pay 13 Council Agenda - 1/26/98 . the accounts in full. All utility accoun s were notified that there would be an additional $25 administrative fee atta hed to each outstanding balance if the account was not paid by 4:30 p.m. on anuary 16, 1998. Copy of resolution adopting assessme t roll; Complete listing of delinquent accounts to be certified. D. SUPPORTING DATA: . . 14 RESOLUTI N 98- . RESOLUTION ADOPTING ASSESSMENT ROLL FOR DELINQUENT UT LITY ACCOUNTS WHEREAS, pursuant to proper notice duly 'ven as required by law, the Council has met and heard and passed upon all objec ions to the proposed assessment for delinquent utility account charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. Such proposed assessment, a copy of hich is attached hereto and made a part hereof, is hereby accepted and sh 11 constitute the special assessments against the parcels named herein, an each tract of land therein included is hereby found to be benefited by the as essment levied against it. 2. Such assessment shall be payable in ne (1) annual installment payable on or before the first Monday in January 1999 and shall bear interest at the rate of 8 percent per annum from the date of the adoption of this assessment ~esolution. To the first installment s all be added interest on the entire assessment from the date of this resol tion until December 31, 1998. . 3. The owner of the property so assesse may, at any time prior to certification of the assessment to the county audi r, pay the whole of the assessment on such property with interest accrued t the date of payment, to the City Treasurer, except that no interest sh 11 be charged if the entire assessment is paid within 30 days from the adoptio of this resolution. 4. The City Administrator shall forthwi h transmit a certified duplicate of this assessment roll to the county auditor to be extended on the proper tax list of the county, and such assessment sha I be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 26th day f January, 1998. Mayor . City Administrator 'l~1 . u.I ~ ... I <...> u.I I-- ... -' '" I-- ~ <J') is S ~ u.. ...... I-- "'" UJ <...> '-" :z: ::: ~ I-- :::> '3' UJ C .~ -- ::::: -- o UJ ~ 0. 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' ..... - < "" "" ~~e iii :- ~ .c "" ...... co u> <l>ui~ ,,""" ui '" =<= ::.;15"" :c"" __ <f> o~..... , "'- u.o ... ==- '" >""u.o o.:-==- g;!o~ - <> "" co "" :z: <1>-<1> ffi~ffi ...,..., ..., g ~ m :il --' ~ 0. 0. "" ..... <I> :- ~ <:! "" "" "" 0""0 "" "" "" ui u.o u.o --- S;~E:; ........ .... ~==~ "" "" "" 'I."") cYJo <n Q} t;;n ~~~~~ ~~~C::;;I ~ It:n 0) It:n - --- ~ ~ ~("t') Q t=.iI ~ C)- o c=; Q~ ;!::!;!;! Q;;;II901;1 LI') U"1' u"Jo u"'J ~~~~ ~ S ~ ~.... .....~ co co ~.... co co -.... -.... =0=. =0=. =co ~~ "" ... ~ ... l- e --' --'..... ... <". ~b~ LL.....1::> -..., .... ~ ~ I' 0- 'b' ~ t\) 0I:l ~ ~ ~ ~ ~ \{; " " " " " ..... "" o 0. ui "" <:> ~ o "" ui " " " " " ...._r~_...' -. "" ..--.------------... o --' --' .... ~ ..... ~ LL <:> :- t:; u 1-- tf . . . Council Agenda - 1/26/98 8. (R.W.) With the City having had ownership fOutlot A, Country Club Manor, for a few years now, the Mayor had reques d that the HRA investigate potential developers who may be interested in eveloping multi-family housing on this property. Although the property is ac ually in the name of the Monticello HRA, the City of Monticello is the act al owner of the property through a tax forfeiture process that eliminated ove $500,000 in delinquent assessments. At the direction of the HRA, an RFP as prepared and submitted to a list of developers of past projects and those at may have an interest in developing multi-family projects. A copy of the R P is enclosed for your review so that you have an understanding of the info mation that was provided to the respondents. The City received two proposals for d velopment of Outlot A, one from Freedom Development and Consultin , LLC, and Hornig Companies, Inc. The City has not had any past experi nce with David Bell/Freedom Development, but Mr. Dave Hornig 0 Hornig Companies has built multi- family housing in Monticello, the late t of which are the townhomes directly north of Kmart on 7th Street. The de elopment proposals have some similarities and some differences bet een each other, which are summarized on an attached sheet for your referen e. Generally speaking, Freedom Develo ment is proposing a mix of 36 rental units consisting of 2- and 3-bedroom its and 42 townhouse units that would be for sale to private owners. reedom Development is also proposing to allow the City to retain a 1.73-acre site for park land and to scatter throughout the development retentio ponds for their development only contingent upon the City waiving sto sewer fees. The proposed purchase price of the property was $151,675. The second proposal from Hornig Co panies proposed a total of 109 rental units consisting of 80 2-bedroom and 9 l-bedroom units. The development also would dedicate a 2.5-acre park i the middle of the site for use by the residents and would also retain the r quested 3.1-acre pond site on the east end of the property that the City had riginally earmarked for this development and for use by other pro erties in the area in the future. The proposal by Hornig is to purchase the property for $300,000. The other general difference between the two pr posals is that the Freedom Development project would be attem ting to utilize low income housing credits from the State to help reduce he cost of their project and also may be 15 Council Agenda - 1/26/98 . requesting tax increment financing as istance from the HRA for some of the improvements on site such as ponding and/or park and sidewalk improvements, whereas the Hornig de elopment is simply offering to purchase the property outright witho t any assistance or subsidy requested by the state or local. In other words, e Hornig project is a market rate venture, whereas the Freedom Develo ment proposal would allow for a subsidy to reduce the rents. . The HRA reviewed both proposals bri fly at a recent meeting and, since they were not the actual owner of the prop rty, simply recommended that the proposals be forwarded to the City Co cil for your consideration. As part of the RFP process, the HRA did obtain n appraisal from Heartland Appraisal Services on the property to get an ide of what they thought the property might be worth. The appraisal indica ed a market value of approximately $10,000 per acre, whereas you can se that the proposals vary widely in the total value offered with Hornig being ear $18,000 an acre for the entire 16- acre parcel, and Freedom Developme t is offering approximately $10,000 per acre. I believe the primary difference in the offering prices is that typically a multi-family housing project can sust in a land cost close to $3,000 per unit, which is very close to what Hornig is ffering. Although a piece of property is only worth what the market will bear Council should remember that the City had originally invested $280,000 in assessments in this property for street and utilities in 1978, which ha grown to over $500,000 by the time we obtained the property through tax fo eiture. From a pure financial standpoint, the Hornig offer of $300, 00 is far superior from a monetary standpoint. Council should also be a are that the neighboring residential property owners were notified that t e Council would be considering proposals on development of this pro erty at Monday's meeting, so we may hear some comments from neighbori g residents on each development proposal. For your reference, the City had a fe years ago looked at the feasibility of platting this property into 25 single mily residential lots on four cul-de-sacs as another option for development. ile single family development may still be an option, the comprehensive plan and the current zoning of the area as R-3 seems to indicate that multipl family housing is what's expected in this area. Although some additional expenditures would be needed for cul- de-sacs and sewer and water extensi ns, I'm sure the value of single family lots in this area should be at least $ 0,000 to $12,000 each, which would also bring a return of about $300,000 for he property. This seems to fall in line with what has been offered under th Hornig proposal. . Each developer has been asked to co e to the meeting Monday night to give a brief presentation on their proposa s for the Council to consider. If the Council is not ready to make a firm ommitment, we can simply continue the matter for further discussion. If the Council should determine that neither proposal seems in the best interest 0 the City at this time, we can continue 1 Council Agenda - 1/26/98 to hold the property until a future dat after 7th Street is extended, which would likely increase the value of the roperty in the future. If an acceptable offer seems available today it may be in our best interest to simply sell the property and get the p operty back on the tax rolls. . B. ALTERNATIVE ACTIONS: 1. Council could select the propos I submitted by Freedom Development for further consideration and a thorize staff to negotiate a development contract. 2. Council could select the propos I of Hornig Companies and authorize staff to enter into a contract for development. 3. Council could reject proposals s bmitted at this time and continue to hold the property until a future date. 4. Council could reconsider the id a of developing the property into single family lots. C. STAFF RECOMMENDATION: . Although the proposals are somewhat different in that the Hornig Companies is proposing all rental multi-family u its, whereas Freedom Development is proposing a mix of owner-occupied to nhomes and the balance being rental units, it does appear that the propos from the Hornig Companies does meet the comprehensive plan and is consis ent with the R-3 zoning for multiple family housing, offers the highest val e, which seems to be a fair value for the City, and is not requesting any su sidy or tax increment financing assistance to do the project. Because think it's important that the City attempt to repay itself for as much of he delinquent assessments as possible on this property, I would recommend hat negotiations continue with the Hornig Companies' proposal. While I assume that both developers have good track records and have built and man ged many other projects in other communities, the City is familiar wit the Hornig project across from Kmart, and an offer of developing multi-fami y housing without any public or state assistance should be given serious co sideration. D. SUPPORTING DATA: Copy of RFP; Copy of proposals sub tted; Summary of each project. . 17 . . -- MONTICELLO MEM TO: Developers/Managers of Multi-F ily Housing Projects FROM: Jeff O'Neill, Assistant Administra or fa November 14, 1997 DATE: RE: City of Monticello Request for Pro osals for purchase and development of City property designated for mode ate-high density residential development The City of Monticello, through its City Council d Housing and Redevelopment Authority, is requesting proposals for the development, own rship, and management of a 16-acre parcel zoned for multi-family uses. As indicated in the enclosed Request for Prop sals, the City's objective is to negotiate a development agreement with an experienced organization proposing a project concept appropriate for the city of Monticello and the a ea neighborhood. The City would facilitate the project through the sale of the property. Proposals are due back to the City no later tha December 12, 1997. Any questions about the RFP and land use/sit planning issues should be directed to Jeff O'Neill, Assistant Administrator, at 295-2711. The City appreciates your potential interest in this project, and would welcome the opportunity to review a proposal from your org ization. JO/glk g-I Monticello City Hall, 250 E. Broadway, PO Box 1147, Monticel 0, MN 55362-9245 . (612) 295-2711 . Fax: (612) 295-4404 Office of Public Works, 909 G01fCourse Rd., Monticello MN 55362. (612) 295-3170. Fax: (612) 271-3272 . . . REQUEST FOR PURCHASE AND DEVELOP NT OF CITY PROPERTY DESIGNATED FOR MOD RATE-HIGH DENSITY RESIDENTIAL D VELOPMENT 1. INTRODUCTION The City of Monticello is seeking pr posals from for-profit and not-for-profit developers for the purchase, develop ent, and management of senior, multi- family housing and/or owner-occupied parcel ofland presently owned by the City. The City's objective is to negotiate a development agreement with a firm found to be experienced in the development and management of seni r or multi-family housing which proposes a project concept appropriate for Mo ticello. Accordingly, the City is seeking proposals from developers which des ribe plans for the physical development, management, and financing of the pr ~ect. 2. SITE DESCRIPTION/CONDITIONS A. Location/Zoning The parcel (Outlot A of Country Club Manor) is located in a multi-family zoning district at the intersectio of 7th Street and West County Road 39. B. 7th Street Extension According to the comprehensive plan, the segment of 7th Street on which the parcel is located will be extended easterly to meet an existing segment of 7th Street, thus pr viding direct access to Highway 25. MULTIHSG.RFP; 11/12/97 ~, ~agel . . . C. Storm Sewer Ponding Development of a storm sewer pond encompassing approximately 3.1 acres must be completed in conj ction with development of the site. The pond is needed to serve both t e storm water needs of the parcel and other properties in the area. Cit participation in sharing cost to develop the pond area is negotiable. Please see the attached plan for the approximate location of the po d. 3. PARK DEVELOPMENT Residents of the project will have po r access to existing neighborhood park facilities, and additional parkland is eeded by other residents in the vicinity; therefore, at least 2.5 acres of land i addition to the 3.1 acre ponding area should be dedicated for recreational u e by residents. 4. EXISTING BERM A berm has been partially constructed along the freeway boundary. This berm is constructed in part from constructi n debris. 5. MAPIUTILITIES DATA The parcel has direct access to sewer and water lines. The precise location of service ties can be found in the attac ed plans. 6. DRIVEWAY ACCESS Driveway access should be limited to 0 more than four access points. 7 . FREEWAY SIGNS At the present time, three billboard si s are located on the property. Removal of the signs in conjunction with devel pment of the property will be required. MULTIHSG.RFP: 11/12/97 ct.,3 Page 2 . . . 8. SITE UTILIZATION Although the City prefers proposals to urchase and develop the entire site, the City will consider selling a portion of the site with the remaining portion retained for sale by the City to anoth r developer. 9. PUBLIC TRANSPORTATION The City of Monticello operates a han capped-accessible direct service or "dial- a-ride" bus that currently provides i expensive, convenient transportation to senior citizens living at all locations in the city of Monticello. The bus currently operates on weekdays only from 8:15 a.m. to 5 p.m. 10. HOUSING DEMAND Please see the attached summary of senior citizen housing needs study completed in 1993 on behalf of the Mo ticello HRA. The City has no data on the existing demand for family housing. Attached you will find a summary of the existing mix of housing stock within he city. 11. SITE DESIGN STANDARDS Attached are minimum standards s outlined in the zoning ordinance for development in an R-3 zone. All p oposals must meet or exceed minimum standards to be considered unless dev loped under a planned unit development concept. 12. PROPOSAL REQUIREMENTS The following information must be s bmitted with all proposals: A. Describe the developer's size, wnership, and development expertise. MULTIHSG.RFP: 11/12/97 1'~ Page 3 . . . B. Developer Qualifications State in detail the developer's xperience in developing and managing rental housing. Prior projects hould be described in terms of location, size, cost, date of completion, an ownership. Prior projects should utilize the same funding program con emplated under the Monticello project. C. Development Concept Site plan. Developer shall provi e sketch plan information which clearly describes the physical develo ment of the project, including its size, design, and orientation. Speci cally, the plans should include location and dimensions of the followin 1. Residential structures a d garages, including setback data. 2. Drive aisle design and 0 tside parking. 3. Solid waste and recycli g bin location and associated screening design. 4. Cluster mailbox. 5. Sidewalk locations and ensions. At a minimum, a 5-ft concrete sidewalk must be constru d along 7th Street at a length equal to the portion of the parcel ncompassed by the project. 6. Freeway noise mitigatio measures which would include location and height of proposed b rms, fences etc. 7. Landscaping plan. 8. Location and design and roposed ownership (city or developer) of recreation area. 9. Location of service con ections to city sewer and water service lines. 10. Define the portion of the parcel that would need to be purchased from the City under the roposal. 11. Describe phasing of dev lopment if applicable. ~~~ Page 4 MULTIHSG.RFP: 11/12/97 . . . Building Design Include the following inform ion about structures identified in the sketch plan. ent units, including dimension of rooms, 1. Basic floor plans of ap etc. 2. Identify pre-finished 0 low-maintenance materials used In construction. 3. Describe any special structure. mitigation measures within each 4. Architectural rendering howing appearance of structures. D F" " . Inanclnlf 1. Describe the concept for onstruction and long-term financing for the project, including a escription of ownership. The financing concept should also inclu e projected initial and future rents to be charged at the housing roject. 2. Describe the form of fu ding subsidy, if any, that supports the funding program. D scribe restrictions imposed on the management of the pr ~ect resulting from funding program utilized. 3. Is any direct subsidy of individual rents paid to renters contemplated under the roject? 4. Describe maximum an mImmum annual income levels for families or individuals. e maximum or minimum levels dictated by financing limitations r by company policy: 5. Describe the market ea from which the project will derive tenants. 6. Describe City/Developer cost sharing proposal to develop pond. 7. Provide a purchase pric offer. MULTIHSG.RFP: 11/12/97 f'~ Page 5 . . . E. References 1. References must be provi ed which include the names, addresses, phone numbers, and co tact people at public agencies, lenders, and bond counsel the de eloper has worked with previously. 13. SELECTION CRITERIA The City will evaluate proposals base on the following criteria: A. The demonstrated capability 0 the developer to develop and manage rental housing. B. The developer's previous track ecord with rental housing. C. Information from public age cies and others who have had direct experience in working with the developer. D. The development concept pro osed for the Monticello project. The development concept will be ev uated on a number of criteria, including but not limited to the following 1. Site plan design, adhere ce to city codes, etc. 2. Minimization of outside storage through development of ample garage space. 3. Minimization of clutter t rough screening of solid waste bins and recycling bins, etc. 4. Safe and convenient ped strian walkways. 5. Freeway noise mitigatio measures, both within each structure and incorporated into th site. 6. Landscaping plan. 7. Integration of storm wat r pond/recreation area into overall site plan. 8. Visual appearance of proj ct from both the 7th Street and from the freeway. MULTIHSG.RFP: 11/12/97 ~,7 Page 6 . . . 9. Livability of apartments 10. Level of pre-finished construction. low-maintenance materials used In 11. Site density and the se ent of housing market served. Lower density family projects ( ownhome design) and/or senior housing project proposals will b given preference over higher density family housing proposal . E. Price willing to pay for the Ian 14. SELECTION PROCESS The City Council will review the pro osals using the selection criteria listed above. The City reserves the right 0 reject any or all proposals at its sole discretion. The City intends to subsequently neg tiate a development agreement. 15. SUBMITTAL Six copies of the proposal are to be sub 'tted by 4:30 p.m. on December 12, 1997 to: City of Monticello Attn: Jeff O'Neill Assistant Administrator 250 East Broadw y, PO Box 1147 Monticello, MN 5 362 MULTIHSG.RFP: 11/12/97 ~--g Page 7 . . . CIT OF MONTICELLO CUR ENT HOUSING MIX Total Housing Units 2,556 Single Family 1,542 Town Homes 91 Apartment Units 743 Mobile Homes 180 Source: Residential otal Units Report MDL TIHSG .RFP: 11/12/97 ~~~ Page 8 ...; ..!:l~ ..... Q) 1.0 ...... !:I !:I r:: Q) .S 0 ,S..c !:I ..... . ...... ..., "C !:I ~ UJ. ~ 0 ~~ <+-< <+-<.g; 0 0 o 0 = 00 !:I Q) "C "" ~ 0') Q) ::t3 s::l I=l< ..c 0')0.. "C Q) 0 ..a ~~ ...... ..... Q) bJ)..... 0 El ............. 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C":l -a-a ..!:l (l) (l) a. s.,j. ~ f' Q)........ ~&;Q) Q) "" ~ ...... oo~ ~ ~:i eUJ...., ........ ~ "2t'1'l .C\l ~.s . ..c..... o Q) s::l ~~ ~ ~ ~ 00 00 g ......~ c:.c "-' S"C~ g.Q) ..... ~ 1.0 t'I'l & .~ I- --- - o Q) &::~ t-:!~E- Q) ...... ::l c:.c t- ot:~ ~&::o --- --- ~~ 0 g"ID _. ..._m___."..___..__ ,. m_______.u__ _ ..-.-.....--------- - - -.----- -- - . . . Council Agenda - 1/26/98 9. tobacco sales. (R.W.) Effective August 1, 1997, a new State obacco law became effective which required all retailers who sell tobacco r tobacco products to be licensed. Counties were responsible for implem nting a licensing system for retailers located in cities or townships that did ot have a valid licensing ordinance, Any city that wished to maintain cont 01 over tobacco sales needed to adopt a license ordinance that reflected the ne State requirements. As you may be aware, the City had ad pted a tobacco ordinance a few years ago that required all vendors to be lie nsed and established some conditions under which sales could occur. Our 0 'ginal ordinance reduced the number of vending machines that were allowe to establishments that did not normally allow individuals under 18 ars of age to enter, or required special tokens or electronic devices to operate vending machines in other areas. Our ordinance also attempted to minimize the access of cigarettes and tobacco products to minors by having displays that were accessible by the customer to be in direct contact or control of a sale clerk. In light of the new state law, the City's required to make a few changes to our ordinance and expand on limiting vending machine sales and further limiting access to tobacco products wi hout going through a sales clerk. In addition, the new state statute requir s stricter penalties along with a mandatory annual compliance check hat needs to be conducted at each establishment. The ordinance being onsidered tonight covers the major points of the new State law and will eed to be adopted by the Council unless the City wants to turn over all of the icensing and compliance check responsibilities to the County. As part of the new law, retailers were required to be provided with a 30-day notice of the City's intent to adopt an ordinance or regulation regarding tobacco sales. With our current licen es being renewed in January 1998, a copy of this proposed ordinance was ailed to all license holders 30 days in advance of Monday's meeting. The following summarizes the major ifferences between the new proposed ordinance and our existing regulatio s: 18 . Current Requirements 1. Tobacco products could be sold by self-service methods as long as they were in the immediate vicinity and view of a sales employee. 2. Vending machine sales were allowed in private businesses that were not generally open to the public; also allowed in liquor establishments if the machine was visible by an employee and in other locations if operated by an electronic devise or coins. 3. Penalties for Violations: . a. Suspend license for 3 days or $250 fine. b. Second violation within 3 years - 30 days suspension of license. c. Third violation within 3 years - 1 year suspension of license. 4. Compliance checks were not required. Council Agenda - 1/26/98 New Requirements No self-service sales allowed without having a clerk handle the merchandise. Vending machine sales prohibited unless minors are at all times prohibited from entering the business. (Note: liquor establishments by law do not necessarily have to prohibit minors, so unless an establishment adopts their own policy of doing so, technically even a liquor establishment should not be allowed to have a vending machine. 3. Penalties for Violations: (Administrative Penalties) a. Owner is charged $75 for any violation. b. Second offense within 2 years - $200. c. Third offense within 2 years - $250 and suspension of license for 7 days. Individual sales clerk charged $50 for violation. Penalty for minors caught using tobacco needs to be established. 4. Mandatory compliance checks on an annual basis must be conducted using a minor over the age of 15 years but under 18 in conjunction with our police department. The above summarizes the major di erences between the new regulations and our existing ordinance. It is ass ed the City will want to continue licensing the establishments even tough we'll need to have the Sheriffs Department conduct annual compli nce checks of each establishment. In regard to the section covering penal ies for minors found in unlawful 1 . Council Agenda - 1/26/98 . possession of tobacco products, we sti 1 need to establish what the Council feels is an appropriate penalty for th se individuals. The penalty does not have to be in the form of a fine, but it could include tobacco- related education classes, community service or any other penalty that the City believes would be appropriate and effi ctive. It is my understanding that we could simply require some type of mo etary fine, if desired. B. ALTERNATIVE ACTIONS: 1. Adopt the ordinance as propos d with the addition of establishing a penalty for minors. If the Council does not wish to stablish a dollar fine for minors who violate this ordinance, perhaps language requiring the minor's attendance at a tobacco- relate education class should be inserted in the ordinance. 2. Adopt the proposed ordinance 'th administrative penalties higher than the minimums proposed. . c. STAFF RECOMMENDATION: Since the new State law has been in e ect for a number of months, it is recommended that the City adopt the new ordinance as proposed with the minimum penalties as outlined. In a dition, the requirement of a minor to attend a tobacco-related educational lass as the penalty for violating any section of this ordinance may be more appropriate than a simple monetary fine. The ordinance as amended sho d comply with all of the new regulations required by the state if ware to continue licensing cigarette sales. As I noted earlier, the City cou d turn over all licensing requirements to the County, including compliance c eck responsibility. D. SUPPORTING DATA: A copy of the proposed ordinance. . 20 . ORDINANCE AMEN MENT NO. THE CITY COUNCIL OF MONTICELL ,MINNESOTA, HEREBY ORDAINS THAT THE FOLLOWING ORDINANCE ERTAINING TO SALE OF TOBACCO BE AMENDED AS FOLLOW : SECTION: . 3-14-1: 3-14-2: 3-14-3: 3-14-4: 3-14-5: 3-14-6: 3-14-7: 3-14-8: 3-14-9: 3-14-10: 3-14-11: 3-14-12: 3-14-13: 3-14-14: 3-14-15: 3-14-16: 3-14-17: 3-14-1: . Definition License Required Application and Issuance of Li ense License Fees and Term Displaying of License Transfers Revocation or Suspension Moveable Place of Business Renewals Basis for Denial of License Prohibited Sales Vending Machine Sales Self-Service Sales Responsibility Compliance Checks and Inspe tion Administrative Penalties Severability and Savings Clau e DEFINITIONS. TOBACCO OR TOBACCO PR DUCTS. "Tobacco" or "Tobacco Products" shall mean any sub tance or item containing tobacco leaf, including but not limited to, ci arettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; c eroots; stogies; perique; granulated, plug cut, crimp cut, ready-rub ed, and other smoking tobacco; snuff flowers; cavendish; shorts; plu and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttin s, and sweepings of tobacco; and other kinds and forms of tobacco lea prepared in such manner as to be suitable for chewing, sniffing, r smoking. TOBACCO-RELATED DEVIC S. "Tobacco-Related Devices" shall mean any tobacco product as ell as a pipe, rolling papers, or other TOBACCO.AMD: 1/6/98 'I-I Page 1 . device intentionally designed 0 intended to be used in a manner which enables the chewing, sni ng, or smoking of tobacco or tobacco products. SELF~SERVICE MERCHANDI ING. "Self-Service Merchandising" shall mean open displays oftob ceo, tobacco products, or tobacco- related devices in any manner here any person shall have access to the tobacco, tobacco products, 0 tobacco-related devices, without the assistance or intervention of th licensee or the licensee's employee. The assistance or intervention hall entail the actual physical exchange of the tobacco, tobacc product, or tobacco-related device between the customer and the r censee or employee. Self-service merchandising shall not includ vending machines. VENDING MACHINE. "Vendi g Machine" shall mean any mechanical, electric or electron c, or other type of device which dispenses tobacco, tobacco prod cts, or tobacco-related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person see ing to purchase the tobacco, tobacco product, or tobacco-related device. . INDIVIDUALLY PACKAGED. "Individually Packaged" shall mean the practice of selling any toba co or tobacco product wrapped individually for sale. Individu lly wrapped tobacco and tobacco products shall include, but not e limited to, single cigarette packs, single bags or cans of loose tob cco in any form, and single cans or other packaging of snuff or che 'ng tobacco. Cartons or other packaging containing more tha a single pack or other container as described in this subdivision s all not be considered individually packaged. LOOSIES. "Loosies" shall mea the common term used to refer to a single or individually package cigarette. MINOR. "Minor" shall mean a y natural person who has not yet reached the age of eighteen (18) years. RETAIL ESTABLISHMENT. Retail Establishment" shall mean any place of business where tobacc , tobacco products, or tobacco-related devices are available for sale t the general public. Retail establishments shall include, b t not be limited to, grocery stores, convenience stores, and resta ants. . MOVEABLE PLACE OF BUS NESS. "Moveable Place of Business" shall refer to any form of busi ess operated out of a truck, van, automobile, or other type ofve icle or transportable shelter and not a fixed address store front or oth r permanent type of structure authorized for sales transactio s. '1-- 2--- TOBACCO.AMD: 1/6/98 Page 2 . 3-14-2: 3-14-3: . 3-14-4: . 3-14-5: SALE. A "Sale" shall mean an transfer of goods for money, trade, barter, or other consideration. COMPLIANCE CHECKS. "Co pliance Checks" shall mean the system the City uses to investi ate and ensure that those authorized to sell tobacco, tobacco products, nd tobacco-related devices are following and complying with the requir ments of this ordinance. Compliance checks shall involve the use of inors as authorized by this ordinance. Compliance checks shall also ean the use of minors who attempt to purchase tobacco, tobacco prod cts, or tobacco-related devices for educational, research, and trai 'ng purposes as authorized by state and federal laws. Compliance hecks may also be conducted by other units of government for the pu ose of enforcing appropriate federal, state, or local laws and regula . ons relating to tobacco, tobacco products, and tobacco-related evices, LICENSE REQUIRED. No pe son shall sell or offer to sell any tobacco, tobacco products, or to acco-related devices without first having obtained a license to do so from the City. APPLICATION AND ISSUAN E OF LICENSE. An application for a license to sell tobacco, tobacco roducts, or tobacco-related devices shall be made on a form provi ed by the City. The application shall contain the full name of the a plicant, the applicant's residential and business addresses and teleph ne numbers, the name of the business for which the license is sought and any additional information the City deems necessary. Upon r ceipt of a completed application, the City Administrator shall forw rd the application to the Council for action at its next regularly sch duled Council meeting, If the Administrator shall determine that an application is incomplete, he or she shall return the applicatio to the applicant with notice of the information necessary to mak the application complete. The Council may either appro e or deny the license, or it may delay action for such reasonable pe 'od of time as necessary to complete any investigation of the applicatio or the applicant it deems necessary. LICENSE FEES AND TERM. No license shall be issued under this ordinance until the appropria e license fee shall be paid in full. The fee for a license under this ord'nance shall be an amount established by the City Council. All licenses issued under this rdinance shall be valid for one calendar year from the date of issue. F r any license issued after January 1 in any year, the fee shall be com uted by pro-rating the annual fee over the remaining months or a fra tion thereof until December 31. DISPLAY OF LICENSE, All icenses shall be posted and displayed in plain view of the general publ' c on the licensed premise. '1__ 3 TOBACCO,AMD: 1/6/98 Page 3 3-14-6: . 3-14-7: 3-14-8: 3-14-9: 3-14-10: . 3-14-11: . TRANSFERS. All licenses iss ed under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license wa issued. No transfer of any license to another location or person shal be valid without the prior approval of the Council. REVOCATION OR SUSPENS ON. Any license issued under this ordinance may be revoked or s spended as provided in the Violations and Penalties section of this or 'nance. MOVEABLE PLACE OF BUS ESS. No license shall be issued to a moveable place of business. 0 ly fixed location businesses shall be eligible to be licensed under th s ordinance. RENEWALS. The renewal of license issued under this section shall. be handled in the same manne as the original application. The request for a renewal shall be ade at least thirty (30) days but no more than sixty (60) days befo e the expiration of the current license. BASIS FOR DENIAL OF LIC NSE. The following shall be grounds for denying the issuance or re ewal of a license under this ordinance; however, except as may othe . se be provided by law, the existence of any particular ground for deni I does not mean that the City must deny the license. If a license i mistakenly issued or renewed to a person, it shall be revoked upo the discovery that the person was ineligible for the license under this section. A. The applicant is under t e age of 18 years. B. The applicant has been onvicted within the past five years of any violation of a federa , state, or local law, ordinance provision, or other regul tion relating to tobacco or tobacco products, or tobacco-reI ted devices. C. The applicant has had a license to sell tobacco, tobacco products, or tobacco-related devic s within the preceeding twelve months of the date of applicatio . \ ,,~ ""u~"".. D. The applicant fails to p vide any information required on the application, or provides aIse or misleading information. E. The applicant is prohibi ed by federal, state, or other local law, ordinance, or other re lation, from holding such a license. PROHIBITED SALES. It sha I be a violation of this ordinance for any person to sell or offer to sell a y tobacco, tobacco product, or tobacco- related device: A. To any person under th age of eighteen (18) years. 't-1- TOBACCO.AMD: 1/6/98 Page 4 . 3-14-12: . 3-14-13: . B. By means of any type of vending machine, except as may otherwise be provided i this ordinance. C. By means of self-service methods whereby the customer does not need to make a verbal 0 written request to an employee of the licensed premise in orde to receive the tobacco, tobacco product, or tobacco-related devic and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco-related device between the licensee or the licensee's employee, and the customer. D. By means of loosies as d fined in this ordinance. E. Containing opium, mor hine, jimson weed, bell a donna, strychnos, cocaine, mari"uana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances fo nd naturally in tobacco or added as part of an otherwise la ful manufacturing process. F. By any other means, to ny other person, or in any other manner or form prohibi ed by federal, state, or other local law, ordinance provision, or ther regulation. VENDING MACHINE SALES. It shall be unlawful for any person licensed under this ordinance 0 allow the sale of tobacco, tobacco products, or tobacco-related de . ces by the means of a vending machine unless minors are at 1 times prohibited from entering the licensed establishment. SELF -SERVICE SALES. It s all be unlawful for a licensee under this ordinance to allow the sale of obacco, tobacco products, or tobacco- related devices by any means hereby the customer may have access to such items without having request the item from the licensee or the licensee's employee and w ereby there is not a physical exchange of the tobacco, tobacco product or tobacco-related device between the licensee or his or her clerk an the customer. All tobacco, tobacco products, and tobacco-related evices shall either be stored behind a counter or other area not freel accessible to customers or in a case or other storage unit not left ope and accessible to the general public. Any retailer selling tobacco, t acco products, or tobacco-related devices at the time this ordin nce is adopted shall comply with this section within sixty (60) days. The self-service restrictions described in this section shall not apply 0 retail stores which derive at least 90% of their revenue from tobacco nd tobacco-related products which cannot be entered at any time by persons younger than 18 years of age. 't,~ TOBACCO.AMD: 1/6/9B Page 5 3-14-14: . 3-14-15: . 3-14-16: . RESPONSIBILITY. Alllicens es under tills ordinance shall be responsible for the actions of t eir employees in regard to the sale of tobacco, tobacco products, or t acco-related devices on the licensed premises, and the sale of such n item by an employee shall be considered a sale by the licens holder. Notillng in this section shall be construed as prohibiting th City from also subjecting the clerk to whatever penalties are approp . ate under tills ordinance, state or federal law, or other applicabl law or regulation. COMPLIANCE CHECKS AN INSPECTIONS. All licensed premises shall be open to inspection by e City police or other authorized City official during regular busines hours. From time to time, but at least once per year, the City shall co duct compliance checks by engaging, with the written consent ofthe'r parents or guardians, minors over the age of fifteen (15) years but les than eighteen (18) years, to enter the licensed premise to attempt to urchase tobacco, tobacco products, or tobacco-related devices. Minors used for the purpose of compliance checks shall be supervised by ity-designated law enforcement officers or other designated City perso el. Minors used for compliance checks shall not be guilty of unlawful ossession of tobacco, tobacco products, or tobacco-related devices whe such items are obtained as a part of the compliance check. No min r used in compliance checks shall attempt to use a false identific tion misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's ag asked by the licensee or his or her employee and shall produce an identification, if any exists, for which he or she is asked. Nothing in his section shall prohibit compliance checks authorized by state or t; derallaws for educational, research, or training purposes, or required or the enforcement of a particular state or federal law. ADMINISTRATIVE PENALTI A. If a licensee or employee of a licensee sells tobacco to a person under the age of 18 year , or violates any other provision of this ordinance, the licensee s all be charged an administrative penalty of$75. An admi 'strative penalty of$200 must be imposed for a second vio ation at the same location within 24 months after the initial . olation. For a third violation at the same location within 24 onths after the initial violation, an administrative penalty f $250 must be imposed, and the licensee's authority to se 1 tobacco at that location must be suspended for not less t an seven days. No suspension or penalty may take effect ntil the licensee has received notice, served personally or by ail, of the alleged violation and an opportunity for a hearin before a person authorized by the City to conduct the hearing. CJ-h TOBACCO.AMD: 1/6/98 Page 6 . . . B. An individual who sells tobacco to a person under the age of 18 years must be charged n administrative penalty of$50. No penalty may be impose until the individual has received notice, served personally or by ail, of the alleged violation and an opportunity for a heari g before a person authorized by the City to conduct the hearing. C. It is an affirmative defe se to the charge of selling tobacco to a person under the age of 18 years in violation of this ordinance that the licensee or indi 'dual making the sale relied in good faith upon proof of age s follows: 1. A valid driver's Ii ense or identification card issued by the State ofMinneso a, another state, or a province of Canada, and incl ding the photograph and date of birth of the licensed pe son; or 2. A valid military i entification card issued by the United States Departme t of Defense; or 3. In the case of a fo eign national, from a nation other than Canada, by a vali passport. D. Misdemeanor. Nothing'n this section shall prohibit the City from seeking prosecutio as a misdemeanor for any violation of this ordinance. E. Minors. Minors found i unlawful possession of, or who unlawfully purchase or ttempt to purchase, tobacco, tobacco products, or tobacco-reI ted devices, shall be 3-14-17: SEVERABILITY AND SAVIN S CLAUSE. If any section or portion of this ordinance shall be found constitutional or otherwise invalid or unenforceable by a court of co petent jurisdiction, that finding shall not serve as an invalidation or affect the validity and enforceability of any other section or provision f this ordinance. Adopted by the City Council this 9th day of ebruary, 1998. City Administrator TOBACCO.AMD; 1/6/98 Mayor q~7 Page 7 CURRENT ORDINANCE CRA . . , .J ~: SECTION: 3-14-1: 3-14-2: 3-14-3: 3-14-4: 3-14-5: 3-14-6: 3-14-7: 3-14-8: 3-14-9: 3-14-10: 3-14-1: 3-14-2: 3-14-3: SALE 0 TOBACCO Definition License Required Application and Issuance of Li ense License Fee Displaying of License Restrictions Revocation of License Tobacco Vending Machines Appeal Responsibility for Agents and mployees DEFINITIONS: TOBACCO: As used in this c apter, the term "tobacco" means and includes tobacco in any form, including but not limited to, cigarettes, cigars, or bagged, canned, or packaged roduct. SELF -SERVICE MERCHAN ISING: The term "self-service merchandising" means a method of displaying tobacco products other than through a vending machine so that they are acce sible to the public without the intervention of an employee. LICEN,SE REQUIRED: No p rson shall directly or indirectly or by means of any deVice or machine keep fo retail sale, sell at retail, exchange, barter, dispose of, or give away any t bacco at any place in the city of Monticello without first obtaining a licen e from the City. The sale of tobacco by vending machine shall requir a license under this chapter. APPLICATION AND ISSU CE OF LICENSE: Application for a license shall be made to the City A 'nistrator on a form supplied by the City. Such application shall state the ful name and address of the applicant, the location of the building and t e part thereof intended to be used by the applicant under the license, t e kind of business conducted at the location, and any other relevant infor ation as shall be required by the application form. Upon the filing of such application with the Administrator, it shall be presented to the City Council for its consideration, and, if granted by the Council, a license shall be iss ed by the City Administrator upon payment of the required fee. q.,t( MONTICELLO CITY ORDINANCE TITLE IIl/Chpt 14/Page 1 . . . 3~14-4: 3-14-5: 3-14-6: 3-14-7: LICENSE FEE: The annual lie nse fee shall be an amount established by the City Council. All licenses shall expire on December 31. For any license issued after January 1 in any ye r, the fee shall be computed by prorating the annual fee over the remaini g months or fraction thereof until December 31. A penalty of fifty percent (50%) fthe license fee shall be imposed if license is not applied for within the same alendar month that first sale of tobacco is made, or within the first month fter the license expires, DISPLAYING OF LICENSE: E ery license shall be kept conspicuously posted at the location for which he license is issued and shall be exhibited to any person upon request. RESTRICTIONS: (A) Separate licenses shall be issued for the sale of tobacco at each fixed place of business, and no icense shall be issued for a movable place of business, (B) It is unlawful for any per on to sell, furnish, or give away any tobacco in any form to any perso under the age of eighteen (18) years. (C) It is unlawful for any per on to keep for sale, sell, or dispose of any tobacco in any form conta'ning opium, morphine, near jimson weed, bella donna, stryclmos, c caine, marijuana, or any other deleterious or poisonous drug except ni otine. (D) Tobacco products may be sold by means of self-service merchandising, provided that the tobacco products are sold through a licensed tobacco vending machine, accordi g to Section 3-14-8, or by a licensed retailer so long as the tobacco pro uets are in the immediate vicinity and plain view of a responsible em loyee. (#262, 11/14/94) (E) Every retailer requesting a license under this ordinance shall implement a training pro am for employees regarding laws relating to the sale of tobacco pro ucts, Every retailer shall certify on its annual tobacco applicati n that all employees have been trained to comply with state laws r garding the sale of tobacco products. (#262, 11/14/94) REVOCATION OF LICENSE: very license granted under this chapter may be revoked, suspended, or not r newed by the City Council, for any of the following reasons: (A) Violation of Section 3~14~6 (B) or any other provision of this chapter. MONTICELLO CITY ORDINANCE CJ~f:J TITLE IIl/Chpt 14/page 2 (B) Violation of Minnesota St tutes, Section 609.685, relating to sale of tobacco to persons nnder e ghteen (18) year of age. . (C) Failure of the license hold r to monitor, supervise, and control the purchase of tobacco from vending machine so as to prevent the purchase of tobacco from vending machine by persons under eighteen (18) years of age. The City Council shall sus end a license issued under this chapter for a minimum of three (3) da s on a first violation of any section of this ordinance or the license hider may opt to pay a $250 fine in lieu of license suspension. The C'ty Council shall suspend a license for a minimum period of thirty 30) days for a second violation within a three (3) year period. The City Council shall revoke a license for a third violation occurring 'thin thirty-six (36) months of the second violation for a period of on (1) year. The licensee shall be sent ritten notice at least ten (10) days in advance informing the lic nsee of the specific ordinance or statutory violation upon which any uspension or revocation would be based, and the licensee has the . ght to be represented by counsel and present evidence on its behalf. 3-14-8: TOBACCO VENDING MACHI ES: No license shall be issued for a tobacco vending machine located in a pu lie accommodation as defined in Minnesota Statutes, Section 363.01, Subdi sion 18, with the following exceptions: . (A) A tobacco vending machi e may be located in an area within a factory, business, office, or simila place not open to the general public, to which persons under eigh een (18) year of age are not generally permitted access. (B) A tobacco vending machi e may be located in an on-sale alcoholic beverage establishment, r an off-sale liquor store, upon the following conditions: 1. The tobacco vendin machine shall be located within the immediate vicinity and plain view of a responsible employee, so that all tobacco pu chases will be readily observable by that employee; the toba co vending machine shall not be located in a coatroom, restroo ,unmonitored hallway, outer waiting area, or similar unmonitor d area; the tobacco vending machine shall be inaccessible to the ublic when the establishment is closed. . (C) A tobacco vending machi e may be located in other establishments, under the following condi ions: 'I, If) MONTICELLO CITY ORDINANCE TITLE III/Chpt 14/Page 3 . . . 3-14-9: 3-14-10: When operated b the activation of an electronic switch operated by an e ployee of the establishment before each sale or by the insertio of tokens or a key sold or given by an employee of the establishment. 1. 2. The tobacco ven 'ng machine shall be located within the immediate vicini y and plain view of a responsible employee, so that all tobacco p rchases will be readily observable by that employee; the to acco vending machine shall not be located in a coatroom, restro m, unmonitored hallway, outer waiting area, or similar unmonit red area; the tobacco vending machine shall be inaccessible to th public when the establishment is closed. APPEAL: (A) Notice. If the City Co cil suspends or revokes a license, the City Administrator shall se d to the licensee, by certified mail, return receipt requested, writ n notice of the action, and the right to an appeal. The aggrieved arty may appeal the decision of the City Council within ten (10) ays of receiving notice of the City's action. The filing of an appeal tays the action of the City Council in suspending or revoking a license until the City Council makes a final decision, (B) Procedure. The City C uncil shall hear the matter and make a report of the findings, Hearin s on the appeal shall be open to the public, and the licensee or app icant shall have the right to appear and be represented by legal co sel and to offer evidence on its behalf. At the conclusion of the heari g, the City Council shall make a final decision. RESPONSIBILITY FOR AGE TS AND EMPLOYEES: Every act or omission constituting a viol at' on of any of the provisions of this section by an officer, director, manager, or ther agent or employee of any licensee shall be deemed and held punishable i the same manner as if the licensee personally committed the act or omission. MONTICELLO CITY ORDINANCE (#253, 7/25/94) '1,11 TITLE III/Chpt 14/Page 4 . 10. . . Council Agenda - 1/26/98 (R.W.) With financial management being on of the main responsibilities of my position as City Administrator, I felt would be remiss in not bringing to the Council's attention the ability to substantially reduce our overall legal expenditures for publication costs. P tential savings could amount to $15,000 per year or more. Currently, cities are required to publ sh the official Council minutes or a condensed summary of the minutes t at simply include motions, resolutions, or other official actions. As an altern tive to this publication even in the summary format, the City may mail copy of the proceedings to any resident upon request. This would eliminate ny publication requirements according to state statutes. In regard to the pu lication of our monthly bills, there is no requirement that this be done by the ity at any time. In reviewing our cost for publication f the minutes and bills for the last two years, we have consistently exceeded $17,000 annually in publication costs. This does not include any of the othe required publication costs such as public hearing notices or publishing udget or financial statement summaries. These would still be req ired, but the $17,000 cost is simply for publication of the minutes and bills. t is estimated that if we were to simply publish a summary of the Council ac . on for each item discussed rather than the full text of the minutes, we woul likely save the majority of this cost annually. I've enclosed a summary of the cost :6 r the past two years on a monthly basis for your review. In addition to the nutes and bills, we currently publish our Council agendas in advance of th meetings at a cost of approximately $2,000 per year. Likewise, this is no a required publication, and we do it simply to provide advance notice of hat might be on an upcoming agenda. I believe there are a number of rea so s why the publication of the full minutes is no longer necessary and t at a summary would be adequate. From a simple cost saving point of vi w, we could save approximately $15,000 per year that could be used f1 r other Ccity purposes. I believe the Monticello Times does an excellent jo of providing news articles on our various meetings and topics of intere t, and I would doubt that the majority of the citizens rely on the Council mi utes being published to keep them informed of our public issues. With t e City now having our own web page established through the Monticello mes, if publication of the minutes was still considered that important, we co d simply put them on the internet as 21 Council Agenda - 1/26/98 . another alternative. With the additio of our Council meetings soon to be televised on cable, this will be another means for the public to be aware of what the City Council is discussing. I regard to publication of the bills, this has never been a requirement of state tatutes; and to simply continue this procedure because it's been done for 3 years may no longer make sense. Both a list of bills and the full text oft e minutes would still be available to anyone who wanted a copy at city hall I am well aware that the Council will ikely see opposition to this recommendation from our official new paper, Monticello Times. Some of the arguments may be that it looks like ware trying to keep information from the public or whatever, but given the agnitude of the potential savings, I still felt that it was the Council's oblig tion to look at this cost savings opportunity. Simply publishing a su mary would provide the basic background that any citizen would ne d; and if additional detail was requested, the full set of the minutes ould be available. As I mentioned earlier, with the City going on with 0 own web page, and with the Council meetings soon to be televised on cable I think it would be a good opportunity to cut back on our publication cost an use the savings to help pay for the additional costs we will have in the fu ure with our own web page. . B. ALTERNATIVE ACTIONS: 1. Authorize the staff to begin pu lication of a condensed summary version of the minutes that wo ld include all action on motions, resolutions, ordinances, and ot er official proceedings, and discontinue publication of the bills on a mo thly basis. Under this alternative, it is est mated that the City would save up to $15,000 annually in publicatio costs. 2. Authorize publication of a sum ary of the minutes and continue publication of monthly bills. 3. Authorize publication ofminut summaries and publish an annual summary of bills paid. 4. Continue to publish full text of minutes, monthly bills, and tentative agendas. C. STAFF RECOMMENDATION: . As the cost of government continues t grow, I think we need to look at opportunities to cut costs when they re available. I believe a publication of the minute summaries would provide adequate information to the public now 22 Council Agenda - 1/26/98 . that we will soon be on our own web age and also will soon be televised on cable. Likewise, I do not feel it is nec ssary to continue publication of the monthly bills, and if anyone is intere ted, a complete list of bills is always available at city hall for review. As a option to complete elimination of the bill publication, we could once a year publish total expenses paid by vendor, which would summarize all activity fi r a year. I think. the cost savings of eliminating the bill publication and s marizing the minutes would not only save us money, but the savings could be used for other information distribution purposes such as paying or our internet web site and the cost of operating our cable televising proces . Therefore, I recommend alternative #1. D. SUPPORTING DATA: Summary of publication requirement ; Summary of last two years of publication cost. . . 23 . Chapter 6 published proceedings, the clerk should sign the clipping even though the signatures of the clerk and mayor are already printed on the clipping. Minute books arc public records and must be available for public view at any reasonable time. Publication of Council Minutes After every regular or special meeting, statutory cities over 1,000 population must publish the offi- cial council proceedings or a summary of the offi- cial minutes. The summary must include action on motions, resolutions, ordinances, and other official proceedings. 151 As an alternative to publication, the city may mail (at city expense) a copy of the proceedings to any resident upon request. This re- quirement does not cover home rule cities and cities under 1,000 population. If a home rule city does not have a charter requirement, it doesn't need to publish council minutes. 152 Whether or not the city publishes minutes, it must publish ordinances and, in certain cases, the annual financial statement. Content of Council Minutes . The clerk should include the following informa- tion in the minutes: 1. The time and place of the meeting; 2. The members present; 3. A summary of all decisions the council made, including a copy of each motion ex- actly as stated, whether or not the motion had a second and, if so, whether or not the council adopted it; and 4. The names of the council members and the mayor who vote either for or against each motion. 153 The city does not need to reprint resolutions and ordinances in full in the minutes. The clerk may identify them by reference to their descriptive title and number, if any. In this case, the city must maintain a separate record of all ordinances and resolutions on which the council has acted. Making an Adequate Record . Making an adequate record of council decisions and the factual information upon which members made decisions is very important. Minutes arc the primary record of the decision-making process. Courts classify governmental actions as being legislative or administ rative (or quasi-judicial) in character. Generally, when a council establishes policies and standards by ordinance applying to property in general, not to specific parcels, the ac- tion is legislative. When a governmental body takes action which involves the application of the general standard or policy to a specific parcel, person, or situation, the courts classify the action as ad- ministrative or quasi-judicial. Legislative action is subject to more limited judicial review than ad- ministrative or quasi-judicial action. These arc two reasons for more limited judicial review of legislative actions. First, courts say that they cannot substitute their judgment for the judg- ment of a governin3 body in its exercise of its legislative function. 1 4 Second, when the action is legislative, the party contesting its validity or seeking the change must prove that there is no reasonable basis for it. Proving this is extremely difficult; so, too, is proving that the enactment of legislation was arbitrary or capricious. Where an action is administrative or judicial, courts will scrutinize the governmental action, the procedure the council followed, and the basis for that action. The contesting party or the party af- fected by the action need only establish, through evidence, that the action was either arbitrary, un- reasonable, or capricious. When the legislature delegates a power to a city, the court will set aside discretionary decisions only if they arc proved to be arbitrary or capricious. 155 The city must comply with the procedures in state law for every action it takes whether legisla- tive or administrative. The law usually specifies adoption, notice, and hearing procedures for most legislative actions. The statutes typically do not specify procedures for administrative actions hut often times local or- dinances do. A number of recent Minnesota Supreme Court cases have set at least partial procedural essentials for administrative or quasi- judicial actions of a public body. These include proper records. In order for a court to do a meaningful review of quasi-judicial council action, records must clearly and precisely state the council's finding of Handbook for Minnesota Cities Page 107 10 ".. I PROCEEDINGS AGENDA (Includes Publ. Ust) DATE OF COST SQIN DATE OF COST SQIN AD AD .1/18/96 $1,435.47 177.00 1/4/96 $73.80 10.00 2/1/96 697.46 86.00 1/18/96 97.32 12.00 2/1/96 1455.75 179.50 218/96 105.43 13.00 2/8/96 754.23 93.00 2/22/96 97.32 12.00 2/22/96 827.22 102.00 3/7/96 68.94 8.50 3/18/96 1111.07 137.00 3121/96 89.21 11.00 4125/96 851.55 105.00 4/4/96 97.32 12.00 5123/96 1175.95 145.00 4/18/96 109.49 13.50 6/20/96 1711.21 211.00 519/96 137.87 17.00 7/18/96 1346.26 166.00 5123/96 97.32 12.00 8/15196 328.46 40.50 616196 125.71 15.50 915196 535.26 66.00 6120/96 105.43 13.00 10/3/96 1719.32 212.00 7/4/96 89.21 11.00 10/31/96 794.78 98.00 7/18/96 93.20 11. 50 11/14196 652.86 80.50 8/8/96 60.83 7.50 11/21/96 64.88 8.00 8/22/96 105.43 13.00 12/12/96 656.91 81.00 9/19/96 48.66 6.00 12/26/96 1317.88 162.50 10/10/96 85.16 10.50 1117196 109.49 13.50 12/5/96 85.16 10.50 1996 Tor AL 517,436.52 2150.00 1996 TOTAL $1,882.30 233.00 .2/6/97 $990.12 111.00 1/9/97 $98.12 11.00 2/13/97 1195.28 134.00 1123/97 124.88 14.00 3/13/97 1141.76 128.00 2/6/97 89.20 10.00 3/27/97 1618.98 181.50 2/20/97 120.42 13.50 4/3/97 669.00 75.00 3/20/97 66.90 7.50 5/1197 691.30 77.50 4/10/97 98.12 11.00 5/29197 1391.52 156.00 4/24/97 115.96 13.00 615197 985.66 110.50 5/8/97 147.18 16.50 6/26/97 1324.62 148.50 5/22/97 102.58 1l.50 7/3/97 347.88 39.00 615197 107.04 12.00 7/24/97 776.04 87.00 6/19197 102.58 11.50 8/28/97 1895.50 212.50 7/10/97 80.28 9.00 9/11/97 428.16 48.00 7/24/97 93.66 10.50 9/18/97 508.44 57.00 8/7/97 75.82 8.50 10/9/97 561. 96 63.00 8/21/97 89.20 10.00 10/23/97 570.88 64.00 9/4/97 107.04 12.00 11/6/97 1079.32 121.00 9/18/97 75.82 8.50 11/27/97 441.54 49.50 10/9971 160.56 18.00 12/11/97 709.14 79.50 10/23/97 89.20 10.00 12/18/97 651.16 73.00 11/6/97 75.82 8.50 11/20/97 84.74 950 .997 TOTAL 12/4197 147.18 16.50 $17,978.26 2015.50 1997 TOTAL 52,252.30 252.50 $35,414.78 4165.50 $4,134.60 485.50 10.... 2- .---..---..--..---- . . . THE MONTICELLO T MES & SHOPPER Monticello Times, Inc. · Publisher of the Monticello Times and Shopper · Donald O. Smith, Editor and Publisher 116 East River Street - Box 548. Monticello MN 55362-0548. E-mail-Montimes@biglake.polaristel.net Phone 612-295-3131 · Fax 612-295-3080. ome Page - http://www.montitimes.com Jan. 26, 1998 TO: Bill Fair, Monticello Mayor Roger Carlson, Clint Herbst, Brian Stum f, Bruce Thielen, council members; Rick Wolfsteller and Jeff 'Neill, administrators From: Donald Q. Smith, Editor and Publishe Re: Continued publication, City of Monticell minutes and monthly bills Tonight another Monticello City Council faces t e decision on whether to accept or reject an administrative recommendation concerning public tion of official minutes and bills. I urge you to stand with previous councils ho, when weighing the costs vs. providing governmental information to city residents, ha e unanimously chosen to continue with full minutes and itemized disbursements. It is not in the city's best interest to change publi ation because: 1) One underpinning of strength for the city in it relationship with Monticello residents is the full accounting you make in the legal proceedings. 2) During these growing, sometimes contro rsial times, citizens need more, not less, information. Any diminishing of public infor ation may work against the support and understanding sought by council and city staff. 3) This city has set an enviable standard for going beyond the legal requirement by continuing the printing of full minutes and the bills. Our cit , to its credit, has gone one step further and publishes agendas in the Times one week prior t the council's next regular meeting. 4) We believe the cost of publication, $17,978 i 1997, is justified in light of the total scope of the city budget. (Of that total, $15,429 was for inutes, 86%; $2,549 was for bills, $14%.) The cost did not significantly increase in 1997 over 1996 and thus is part of the budget you have passed. 5) Condensing the minutes should be rejecte for two reasons: first, the public is far less informed with abbreviated record-keeping; seco d, there's added expense to keeping two sets of minutes. We continue to believe that full publication is a ital public service and a legitimate expense of city government. Past city councils have concu red, voting to retain full publication when the issue has been pressed. Monticello has a long Ii cord of full disclosure and I urge the council to uphold this long-term practice. Sincerely, /);;;: Pds~/1- Editor and Publisher . . . Council Agenda - 1/26/98 11. ftlf1"eement. (R.W.) Representatives from the City and To nship have now met on two occasions to discuss a possible resolution to our nnexation disputes. The last meeting was held on January 12, 1998, at city hall right after the Municipal Board continued the original hearing date til March 1998. Attendees at this latest meeting were: Steve Grittman, ity Planner; Dennis Dalen, City Attorney; Bill Fair, Mayor; Mr, Mike urry, Township Attorney; Dean Carlson, consulting planner for the T wnship; Franklin Denn and Ted Holker, Township Supervisors; and m self, representing the City. The result of our second meeting held on December 29 was a concept outline of 11 issues that both parties had agr ed were the primary discussion points that could result in a potential agree ent regarding future orderly annexation boundaries and agreemen s. The 11 issues discussed procedures for allowing annexation to occur with'n the OAA area along with joint planning issues related to the area. T e meeting on January 12 further reviewed and discussed these issues i more detail in an attempt to arrive at a consensus of the group that could la er be brought back to both bodies for ratification, The following is a brief summary of t e areas that were discussed and the general consensus we arrived at for e ch issue at our last meeting. This will give the Council a basic under standi of what has been tentatively found acceptable by both parties in trying t arrive at a solution to our dispute. ISSUE DISCUSSED RESULTS OF MEETING 1. Annexations only by request of landowner of parcel to be annexed or on request of Township. Appeared to be no problem for either side with City-owned property to be discussed later under different item. 2. All annexed parcels must be contiguous to the city and consistent with the Joint Planning Board Land Use Plan. No apparent problem, but contiguous needs definition, City proposed use of statutory definition of abutting (properties which touch each other at least at a single point), 24 . ISSUE DISCUSSED . 3. Creation of Joint Planning Board consisting of five members, two appointed by the City, two appointed by the Township, and a fifth member jointly appointed by the City Council and Town Board. If the City and Town cannot agree on the fifth person, the County Board will make the appointment. Funding for the Joint Planning Board will be the same as the current Joint Planning Board. . 4. Joint Planning Board will adopt a land use plan, zoning and subdivision ordinance within months of the date of the agreement. The land use plan will incorporate the Southwest Area Concept Plan. The Joint Planning Board's zoning and subdivision ordinances may be modeled after the City's own zoning and subdivision ordinances. The Joint Planning Board ordinances will specify interim land uses and Council Agenda - 1/26/98 RESULTS OF MEETING Township wanted a minimum distance, such as 33 or 66 feet or all of one side of a parcel. General agreement was to settle on 20 feet (City's minimum utility easement width) or whatever is necessary to extend utilities, whichever is greater. 3. Five members acceptable by both sides. The issue was how to appoint the fifth member. The Township representatives were adamant about keeping the current system which allows the County Board to appoint the other member, based on an interest in retaining the County's participation in the process. The City representatives resisted this, suggesting a number of other options. In the end, the City acquiesced on this issue. 4. The Joint Planning Board was given 12 months to adopt the various planning documents. The primary issue was in relation to the administration of the OAA planning. Again, the Township was insistent on County administration due to the history and familiarity, etc. The City did not contest this much. The other issue related to the adoption of a building and platting moratorium in the OAA pending adoption of the 25 . . . ISSUE DISCUSSED zoning classifications and future land uses and zoning classifications, the method of future land use authority transition within the OM, and the method in which the subdivision process will occur within the OAA. The Joint Planning Board will update the land use plan periodically. 5. At least 50% of each parcel annexed must be served with sewer and water within three years of annexation of the property. Ifnot served within three years, no future annexations of any property until sewer and water are extended to 50% of said property. Exceptions to 50% rule: a. Regulatory impossibility outside of City's control (eg: MPCA will not allow property to be sewered within three-year time period). b. Cost of installing utilities exceeds 133% of the City Engineer's estimate (same estimate as used for letter of credit). 6. Annexation procedure: a. Landowner submits annexation petition and preliminary plat requirements to the City. Council Agenda - 1/26/98 RESULTS OF MEETING new plans and ordinances. The plan is to be based on the Citysland use plan, particularly the Southwest Area Plan, and other land use proposals put together by the City. The ordinances are not to be based on the County ordinance. Instead it was suggested that some form of City-based hybrid would be developed. It was also agreed that in addition to the Joint Board and a property owner in the OAA, that the City and Township governing bodies would have standing to petition for an amendment to the plans and/or ordinances. 5. The Township proposed to change the cost-based exclusion to the development from 133% in the concept to 150%. The City representatives did not contest this detail much, as we would still be adequately protected by our own development agreement, letter of credit, etc. 6. Both parties agreed with the procedures outlined. 26 . ISSUE DISCUSSED b. The City forwards this information to the Joint Planning Board with enough lead time for the Joint Planning Board to make a determination and comment back to the City regarding the proposals, consistency with the Joint Planning Board Land Use Plan and contiguity of the property to the city. . c. The City grants equivalent of a preliminary plat approval (or site plan approval if platting of the property is not required by ordinance) and enters into a development agreement consistent with the land use plan in the OAA. The Developer's Agreement will require the developer to agree to install sanitary sewer and water to the property to be annexed and require the developer to put up a letter of credit or other security guaranteeing payment of installation of the sewer and water utilities. The City must also make a determination if the property's capable of being served with city sewer and water within a three-year time period and must estimate the cost of such service extension. . d. The City then annexes the land to be sewered and watered within three years of the date of annexation, and grants final plat approval (or site plan approval, if 27 Council Agenda - 1/26/98 RESULTS OF MEETING . . . ISSUE DISCUSSED appropriate). The future phases which have received preliminary plat approval remain in township until they are ready to have utilities installed. 7. Orderly Annexation Agreement shall be enforced for ten years. If less than _ acres of vacant land, acres of vacant commercial land, or acres of vacant industrial land remain in the OM, the City and Township shall have a period of time (six months?) to renegotiate agreement. If no new agreement, OM will terminate at the end of six months. 8. City-owned land west of Highway 25 will be annexed immediately upon approval of this agreement by City, Township, and the Municipal Board. Council Agenda - 1/26/98 RESULTS OF MEETING There was general agreement from both parties regarding developing a basis for when renegotiation should occur, and it was left to the City Planner to come up with proposed numbers for the thresholds that could be inserted in the blanks that would mandate a renegotiation of the OM. The Township wanted all property, including City-owned property, to follow the procedures outlined in Paragraph 6. The City representatives were reluctant to be required to follow all of the procedures because the City is not normally developing property, but in the Remmele property case may need to extend sewer through the property to service West Kjellberg's Mobile Home Park. With a sewer extension, City representatives felt an exception needed to be considered for this property without requiring the City to plat it first. The Township attorney will be putting together language that would allow the former Remmele property to bypass some of the requirements outlined in Item 6 based on the parcel's proximity to the Kjellberg West property and 28 . ISSUE DIRCUSRED 9. The City will not annex, attempt to annex, or support the annexation of any land outside of the OAA area while the agreement is in force. 10. Tax sharing of annexed parcels. . 11. Orderly Annexation Boundary. . Council Agenda - 1/26/98 RESULTS OF MEETING because of the City's anticipated sewer extension through the property. The City was in general agreement with this language provided an exception was included that gave the City the option of annexation of areas which are to be served with sewer pursuant to a PCA order. This exception would apply to all property in or out of the orderly annexation area boundary. O. This appears to be the point where most of our consensus issues fall apart and the real differences become apparent. The City had proposed taxes be prorated on developed land over five years and ten years prorated on undeveloped land. The Township wants the exact opposite, ten years taxes prorated on developed land and five years prorated on undeveloped land. Also discussed was the statutory default rule which currently is 100% the first year, 90% the second, then 70%, 50%, 30%, and finally 10% in the sixth year. A resolution was not arrived at regarding the tax sharing option and the discussion then spilled over into the next item. 11. As I expected, this is really the issue that will decide whether we can reach an agreement with or without Municipal Board involvement. The Township representatives opened up the 29 . ISSUE DISCUSSED . . 30 Council Agenda - 1/26/98 RESULTS OF MEETING discussion by proposing no change at all to the existing OAA boundary. This includes their desire to keep the east area (Tyler East and beyond) in the OAA boundary, as it had always been in and they didn't want to change it at this time. This was an area that was proposed to be removed by the City with an equal amount of area added on the western side of the city. The City responded by explaining why it had proposed boundary changes as it did, including: a. East area was proposed for deletion due to the inability of the City to service the area in the foreseeable future, since new infrastructure improvements would be directed by the Comprehensive Plan to the south and west areas - a plan which the Township had publicly approved of. b. The 40-acre parcel known as Orrin Thompson lying outside of the OAA area was to be included due to the lay of the land on that site, and that the south 40 acres were wooded, not farmland, and that the single parcel is illogically split by the OAA line as originally formed. . ISSUE DISCUSSED . Council Agenda - 1/26/98 RESULTS OF MEETING c. The Franklin Denn parcel was proposed to be excluded due to the fact that this parcel is also split by the OAA line. d. Southwest area should be enlarged due to the long-term growth direction being planned and the need to program for long-term infrastructure investments on a solid expectation of urbanization in the future. e. Northwest (Osowski land area) should be added due to the long-term growth direction and the need to protect the area for future industrial growth. A colored map is enclosed with the ag nda for your reference that indicates these additional areas we had propos d to include as changes in the Orderly Annexation Boundary area. The above reasons did not persuade t e Township officials to change their mind. The discussion degenerated int a debate over the fact that the City had continued to support the Orrin Tompson parcel even though we knew it was outside of the OAA area. It was n ted by the City representatives that the Orrin Thompson parcel was actu ly studied for three years before it was determined that the area could be se ed by existing utilities and should be included in future annexation propos Is. The City also noted that after 25 years, it was high time that the origi al OAA boundary was looked at more closely now that development has got en closer to the boundary. Twenty-five years ago the area may not have bee quite as important in that development was a long ways away fi om the boundary, but it now needs to be more closely examined as to where it makes sense for long-term infrastructure planning. . 31 . Council Agenda - 1/26/98 It appeared that the real focus of the ownship's opposition continued to be centered on the 40-acre Orrin Thomp on parcel that was outside of the original OAA boundary. It was obvio s that the Township will be strongly opposing any attempt to aIter the bo dary line as long as the City continues to support the annexation of the sout 40 acres of Orrin Thompson. This is why I believe that a potential agreem nt to avoid the Municipal Board hearing may simply hinge on our insi tence of the 40-acre parcel being included in any agreement. 12. This was an additional item th t was added during our discussion that would require the losing party n any District Court appeal to pay for all attomey fees. The intent w s to discourage either party from arbitrarily taking a disagreem nt to the court system unless they were fairly certain of winning the de . sion. . The above information basically su arizes the issues and areas where agreements have been generally arri ed at during our meetings. As was noted, the sticking point is likely to b the last two issues relating to tax sharing and the actual OAA bounda . While these may be the most important issues in any agreement, I hink the Council needs to seriously look at how far we want to go on aIte 'ng the OAA line and/or any of the annexation petitions that are before snow. . At the conclusion of our meeting, it w s agreed that both parties would retum to their respective groups and sk them to prioritize the three specific areas being proposed to be added to t e OAA by the City. These areas include: expansion of the boundary i the southwest comer and also in the northwest area near Osowski's Flea arket. The third area would be the 40- acre parcel of Ralph Hermes (Orrin Tompson) parcel. It appears that the Township representatives were looki g for a ranking from the City as to which areas are most important to th City today and in the future. From my perspective, each of the areas has its wn priorities and may be difficult to simply rank them one, two, and thre . In regard to the Orrin Thompson parcel, this property is more importa t in the near term in that it can provide an opportunity for upscale housing a d can be easily serviced by our current utilities that are available to the site. It also allows us to use up available sewer line capacity. From a longer te perspective, the areas proposed for expansion of the OAA line to the sout west and northwest areas may be more beneficial to the City in the Ion er term in that it will preserve areas for future growth in conjunction with ou comprehensive plan directing growth to the southwest area. Likewise, the orthwest area is important to be within the orderly annexation boundary to e sure and preserve that this area can 32 . Council Agenda - 1/26/98 remain available for future industria expansion needs of the City. So to simply rank them one, two, and thre as the Township is requesting is not as easy as it may seem. At this point, it does not appear nece sary to have another meeting with the City and Township representatives t discuss an agreement in further detail until we get direction from the Coun il on how you'd like to proceed with the two main issues: tax sharing and ord rly annexation boundary line. Most of the other issues can be resolved and re generally agreed to at this point and we should agree on our position rega ding the other issues before we continue further meetings. The resul of this stalemate regarding the last two issues could be that the Municipal Bard will be required to ultimately make the decision. B. ALTERNATIVE ACTIONS: 1. If the Council is comfortable th discussing the City's position in an open forum, direction could be rovided on the tax sharing and boundary line issues. Council could decide that, sinc these issues are a part of our annexation dispute with the T wnship, the meeting should be closed before discussions continue on ur strategies. . 2. It is the recommendation of our City ttorney, Dennis Dalen, that the meeting be closed at this point due to the pending Municipal Board hearing on this subject. Both Dennis and Cit Planner Steve Grittman will be in attendance at the meeting. D. SUPPORTING DATA: Proposed OAA boundary map. . 33 (/') ,'t:: E ....J >- ...... >- ...... C'tl ""0 C ::I o CO <( <( o ~ IDID 'r~ C'tl C OJ:) ""0 (],) (/') o D.... o ...... a.. c ,9 .~ > (],) 0::: <( <( o ~ <( <( o 2 E o ...... '+- +1 lJ1 (],) ...... u <( Lr) ~ ~ ~ <( <( o ~ o ...... \:l (],) -0 \:l <( .. I: +1 (/') (],) ...... u <( o <"l o c o I: u ...... c (],) ...... ...... :J U ...... o \:l (],) > o E (],) 0::: 1:. I: ...... ...... & c ~ ...... (],) \:l C :) >-- I: 1:. 1:. ( ...... c (],) ...... ...... :J U c:: (/') \:l C C'tl ....J IE:. K::. ..--E -.c-. _a.. a.... " ... r 5: Kl 0:: I . . )j.,.B . . Council Agenda - 1/26/98 City Council and HRA are asked to establish a small group for studying the design and financing of the Commu ity and Training Center and to consider adopting a resolution supporting the Youth Initiative Bill. After speaking with Rick on the issu s of project design and financing, we concluded that it might make some ense to have a small group of the HRA and City Council and National Gua d sit down and discuss specific design and financing ideas. The group co d consist of two Council members, two HRA members, and a representativ from the National Guard. The goal of the small group would b to review the recommendations of the task force and community, then pre are a plan that would be presented to the HRA on Wednesday, February ,1998, followed by presentation to the City Council on Monday, February ,1998. The plan would identify project elements and phasing and financin methods. In other related matters, the Minn sota Recreation and Parks Association is lobbying for support for a $40 milli n appropriation for the Youth Initiative Bill. If this project is funded, there is a chance that two-thirds of the cost relating to the Youth Center, whee park, and climbing wall could be funded through this program. Details on ow this program can be utilized to the benefit of the City's Community Ce ter project are not known at this time. For now, it should be assumed tha the City will need to finance the total cost of the Youth Center items without ccess to the grant funds. B. ALTERNATIVE ACTIONS: 1. Motion to appoint members to a small group for the purpose of analyzing Community and raining Center design and financing options and adopt a resoluf on supporting the 1998 Youth Initiative Bill. Under this alternative, two members of the HRA will meet with the two from the City Council t discuss the topic further with a report to the City Council on Februa 9, 1998. 2. Motion to deny support of esolution in favor off 1998 Youth Initiative Bill. . The City Administrator recommen s alterative #1. D. SUPPORTING DATA: Resolution; Information on the Yo th Initiative Bill. . . Council Agenda - 1/26/98 RESOLUTION NO. CITY OF . COUNTY OF STATE OF MI A resolution supporting the You Initiative Bill WHEREAS, the youth of our Sta e need and deserve safe and attractive recreation facilities WHEREAS, local governments 0 en do not have the financial resources to completely address the need WHEREAS a cooperative effort b tween the State and local governments would increase recreation opportunities a fOSS the State NOW THEREFORE BE IT RES L VED that: The Minnesota Legislature is encouraged to fund the $40 million Youth Initiative Grant P.!ogram . Adopted this day of , 19 (County) (City) of , Mayor , City Manager ATTEST: . Finance Director/County (City) Clerk G:\ WP\CORR98\RESOLUTN. YTH "'.' l';,;if' YOUTH INI IATIVE BILL Minnesot Legislature MRPA $40 MILLI N OPPORTUNITY KEY tI' In 1996, the Minnesota Legislature p ovided over $16 million to repair, replace or construct parks and recreation buildi gs throughout the state. tI' Communities, such as Cloquet, Fridl y, Mounds View, Duluth and Cook County were awarded Youth Initiativ Grants. tI' The grants matched every $1 of local money or in-kind contribution with $2 of state money. , tI' J)uring the 1998 Legislative session, t e Legislature will consider a $40 million Youth Initiative Bill. .,. ~ ~ COMMUNIT BENEFITS tI'. The current Youth Initiative Bill propos s an unprecedented $40 million in funding opportunities for Minnesota's c mmunities. tI' . $10 million will be used for projects wit in the cities of Minneapolis and S1. Paul and the remaining $30 million will e used for projects throughout the state, including communities outside th metropolitan area. tI' Ability to provide additional youth orient d recreational facilities to your community. . H:\FACILlTI\MRPA. WPD MRPA $40 MillON OPPORTUNITY . To: From: Date: Subject: MRPA Professionals Legislative Committee January 15, 1998 YOUTH INITIATIVE BILL, Minnesota Legislature In 1996, the Minnesota Legislature provide OVer $16 million to repair, replace or construct parks and recreation buildings throughou the state. Communities, such as Cloquet, Fridley, Mounds View, Duluth and Cook Co nty were awarded Youth Initiative Grants. The grants matched every $1 of local money 0 in-kind contribution with $2 of state money. During the 1998 Legislative session, the egislature will consider a $40 million Youth Initiative Bill. HOW CAN MY COMMUNITY BENEFIT FROM THE YOUTH INITIATIVE BILL? The current Youth Initiative Bill propose an unprecedented $40 million in funding opportunities for Minnesota's communities. fthe $40 million, $10 million will be used for projects within the cities of Minneapolis and t. Paul and the remaining $30 million will be used for projects throughout the state, incl ding communities outside the metropolitan area. . In 1997, the City of Cloquet was awarded $4 0,000 to assist with the development of the 30 acre River Front Youth Recreation Compl x. The City of Fridley also received funding to construct an additional 6,000 square fe t onto their Community Center for Youth Activities. All of the funding that was awar ed was used to construct or replace youth oriented facilities. In 1998, this could be YOUR community. If passed, the Youth Initiative Bill will provide communities with real dollars to improve their outh recreational opportunities. However, in order to benefit from the Youth Initiative Bi I, your support is necessary. HOW CAN I SUPPORT THE YOUTH INITIA IVE BILL? Enclosed is a sample letter and city resolutio that we would like you to personalize and send to your governing body and legislator. A er you have mailed the letter, contact your legislator and discuss the bill. Provide informa ion on local projects that could benefit from this bill and improve your community. Also, ontact local program participants and ask them to contact their legislator to show thei support of the bill. Even though all of Minnesota's communities will not be awarded rants in this funding period, all of us need to support the Youth Initiative Bill. WHEN SHOULD I TAKE ACTION TO SUPP RT THE BILL? Immediately. Due to the fact that the 1998 Legi lative session is about to begin, immediate support and action is necessary. Please do ot wait to support the $40 million Youth Initiative Bill. Take the time to personalize the I tter and city resolution now. Your support . and actions are critical in passing this bill. The MRPA Legislative Committee thanks you fa your support and efforts! If you would like additional information, please contact the MRP office at 825-2200. ~ ~INANCIAL SYSTEM 1~/98 16:54:22 Schedule of Bil"1 CITY OF MONTICELLO GL050S-V04.30 COVERPAGE GL540R :eport Selection: RUN GROUP... D122 COMMENT... 1/22 CKS DATA-JE-ID DATA COMMENT -------------- -----------~------------ 0-01221998-318 1/22 CKS ~un Instructions: Jobq Banner Copies Form Printer Hold Spa e LPI Lines CPI J 01 Y S 6 066 10 . . ISl.F I NANC I AL SYSTEM o 2/98 16:54:32 Schedule of 8 il'ls VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUN A E MICHAELS *FY* 753.76 TIF PAYBACK INSTALLMENTS 2 13.46515.6511 AN SH-FLOORING 318 00085 *FY* 17.11 TIF PAYBACK INSTALLMENTS 2 13.46515.6511 AN SHEL-PAINT 318 00086 *FY* 7.34 TIF PAYBACK INSTALLMENTS 2 13.46515.6511 AN SHEL-PAINT 318 00087 *FY* 20.39 TIF PAYBACK INSTALLMENTS 2 13.46515.6511 AN SHEL-PAINT 318 00088 798.60 *VENDOR TOTAL A T & T WIRELESS SERVICE RICK 11. 31 TELEPHONE 101.41301.3210 CELLULAR 318 00008 JEFF 26.51 TELEPHONE 101.41910.3210 CELLULAR 318 00009 GARY 25.62 TELEPHONE 101.42401. 3210 CELLULAR 318 00010 63.44 *VENDOR TOTAL ADAMS NUT & BOLT CO *FY* 410.40 BUILDINGS 101.42701.5201 AN SH-ANCHOR 318 00089 AME GROUP *FY* 69.02 BIOSOLIDS FARM IMPROVEME 02.49480.4385 WWTP-SUPPLIES 318 00090 AUDIO COMMUNICATIONS *. 295.46 TELEPHONE 101.42701.3210 AN SHEL-PHONE 318 00091 AUTOMATIC GARAGE DOOR CO *FY* 40.30 MISC PROFESSIONAL SERVIC 1 01.43127.3199 SHOP-SUPPLIES 318 00092 BAUERLY BROS COMPANIES *FY* WASH. & 3RD REPAIR 357.84 STREET MAINTENANCE MATER 1 01.43120.2240 1186-97 318 00011 *FY* STREET REPAIR 357.84 STREET MAINTENANCE MATER 1 01.43120.2240 1186-97 318 00012 715.68 *VENDOR TOTAL BRAUN INTERTEC CORPORATI *FY* 149.00 PROF SRV - ENGINEERING F 58.49201.3030 KLEIN 4-DEC 318 00093 CENTRAL MINN INITIATIVE CMIF GRANT REIMB 1,100.21 GRANT REIMBURSEMENT 23.46501.6601 318 00013 CHASKA CHEMICAL CO., INC *FY* 122.48 CLEANING SUPPLIES 01.42701.2110 AN SHEL-DISINF 318 00094 CULLIGAN *FY* 22.37 RENTAL HOUSE EXPENSES 40.49201.4381 DEC RENTAL 318 00095 DAHLHEIMER DISTRIBUTING *FY* BEER 33.40 BEER 09.49750.2520 15676 318 00014 BEER 2,987.95 BEER 09.49750.2520 15683, 98194 318 00016 N.LCOHOLIC 44.00 MISC TAXABLE 09.49750.2540 98195 318 00015 3,065.35 *VENDOR TOTAL DAY DISTRIBUTING COMPANY BEER 266.15 BEER 09.49750.2520 24527 318 00017 ----.-"--- ..---." --. -- BRJlllltNCIAL SYSTEM CITY OF MONTICELLO 011 16:54:32 Schedule of Bil s GL540R-V04.30 PAGE 2 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME UNO & ACCOUNT CLAIM INVOICE POll FIP 10 LINE DEMEULES FAMILY LIMITED TIF 1113 32,196.73 TIF PAYBACK INSTALLMENTS 13.46513.6511 318 00007 DNR WATERS FARM-FEE 50.00 BIOSOLIDS FARM IMPROVEME 02.49480.4385 318 00018 DYNA SYSTEMS *FY* 221. 08 MISC OPERATING SUPPLIES 101.43127.2199 STREETS-SUPPLY 318 00096 ENVIROBATE WWTP-ROOF FLASHING 660.00 PROF SRV - CONSTRUCTION 4 36.49201.3025 8733-IN 318 00019 FRONTLINE PLUS FIRE & RE *FY* FIRE-HYDR WRENCHES 56.00 MISC OPERATING SUPPLIES 1 1.42201. 2199 5764 318 00021 *FY* FIRE-VISORS&HELMETS 213.50 REPAIR & MTC - MACH & EQ 1 01.42201.4044 5799 318 00022 FIRE-GEAR 7,062.00 CLOTHING SUPPLIES 1 1.42201.2111 5815 318 00020 7,331.50 *VENDOR TOTAL FYLES EXCAVATING & HONEY *FY* DEMO BLDG 5,795.00 MISC PROFESSIONAL SERVIC 4 0.49201.3199 318 00097 G &.RVICES *FY* 15.68 MISC OTHER EXPENSE 1 1.43120.4399 ENVIORN CHRG 318 00082 *FY* 108.24 REPAIR & MTC - BUILDINGS 6 9.49754.4010 RUGS-NOV & DEC 318 00081 123.92 *VENDOR TOTAL GEFN, INC FRED-(50) WASHES 187.50 REPAIR & MTC - VEHICLES 1 1.42401.4050 318 00024 GLUNZ/RAYMOND J RIVERSIDE-(5) OPENINGS 1,715.00 PROF SRV - EXCAVATION 6 1.49010.3115 318 00023 GRIGGS, COOPER & COMPANY FREIGHT 54.00 FREIGHT 6 9.49750.3330 318 00025 LIQUOR 1,480.81 LI QUOR 6 9.49750.2510 318 00026 WINE 683.85 WINE 6 9.49750.2530 318 00027 MISC TAXABLE 296.00 MISC TAXABLE 6 9.49750.2540 318 00028 2,514.66 *VENDOR TOTAL GROSSLEIN BEVERAGE INC. BEER 4,897.87 BEER 60 .49750.2520 318 00029 H & L MESABI *FY* 200.10 MISC OPERATING SUPPLIES 10 .43125.2199 SNOW-BLADE 318 00098 H .~ DESIGN CENTER 10,000.00 TIF PAYBACK INSTALLMENTS 21 .46507.6511 318 00005 HAWKINS WATER TREATMENT WATER-T/POTABLE 12.00 MISC PROFESSIONAL SERVIC 60 .49440.3199 318 00030 *FY* WATER-CHEMICALS 60.00 CHEMICAL PRODUCTS 60 .49440.2160 318 00031 BR)tIIItNCIAL SYSTEM CITY OF MONTICELLO 01 8 16:54:32 Schedule of Bills GL540R-V04.30 PAGE 3 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME UNO & ACCOUNT CLAIM INVOICE POll F/P 10 LINE HAWKINS WATER TREATMENT WATER-CHEMICALS 2,742.34 CHEMICAL PRODUCTS 01.49440.2160 318 00032 2,814.34 *VENDOR TOTAL HERMES/GERALD T LIBRARY-CLEANING 227.50 PROF SRV - CUSTODIAL 11.45501.3110 1/16 TO 1/31 318 00033 HOME JUICE LIQUOR-OP SUPPLIES 28.50 MISC NON TAXABLE 09.49750.2550 91213 318 00200 HORIZONS, INC. *FY* 2,000.00 1997 STORM DAMAGE EXPENS 1 01.42501.4401 AERIAL PHOTOS 318 00099 JME OF MONTICELLO *FY* 25.00 MISC PROFESSIONAL SERVIC 50.49201.3199 SNOWPLOWING 318 00101 JOHNSON BROS WHOLESALE L LIQUOR 1,538.57 LIQUOR 09.49750.2510 318 00035 WINE 2,170.69 WINE 09.49750.2530 318 00036 FREIGHT 85.92 FREIGHT 09.49750.3330 796083, 796082 318 00034 . 3,795.18 *VENDOR TOTAL K MART STORE *FY* 4.36 PROF SRV - CONSTRUCTION 36.49201.3025 WHTP-FILM PROC 318 00102 KRAMBER & ASSOCIATES INC ASSESSING SERVICES 1,738.39 PROF SRV - ASSESSING 101.41550.3125 JANUARY 318 00037 LARSON'S ACE HARDWARE *FY* 49.04 CLEANING SUPPLIES 101.42701.2110 AN SHEL-CLNING 318 00122 *FY* 93.17 BUILDINGS 01.42701.5201 AN SHEL-SUPP 318 00123 *FY* 6.38 SMALL TOOLS & EQUIPMENT 01.42701.2410 AN SHEL-SUPPLS 318 00121 *FY* 13.82 SMALL TOOLS & EQUIPMENT 01.41940.2410 CH-PLIERS 318 00117 *FY* 8.48 REPAIR & MTC - BUILDINGS 01.42201.4010 FIRE-BLDG R&M 318 00116 *FY* 14.89 MISC OPERATING SUPPLIES 01.42201.2199 FIRE-SUPPLIES 318 00113 *FY* 8.19 MISC REPAIR & MTC SUPPLI 01.42401.2299 INSP-R&M 318 00118 *FY* 33.47 MISC OPERATING SUPPLIES 01.43115.2199 INSP-SUPPLI ES 318 00109 *FY* 24.55 BUILDING REPAIR SUPPLIES 1 01.45201.2230 PARKS-BLOG REP 318 00111 *FY* 13.83 MISC OPERATING SUPPLIES 01.45201.2199 PARKS-SUPPLI ES 318 00110 *FY* 10.59 VEHICLE REPAIR PARTS 101.45201.2211 PARKS-VEH REP 318 00115 *FY* 30.54 MISC OPERATING SUPPLIES 01.43127.2199 SHOP-SUPPLI ES 318 00108 *FY* 13.42 SMALL TOOLS & EQUIPMENT 01.43127.2410 SHOP-TOOLS 318 00114 *FY* 21.96 MISC OPERATING SUPPLIES 01.43120.2199 STREETS-SUPPLY 318 00107 *FY* 2.53 EQUIPMENT REPAIR PARTS 01.49440.2210 WATER-EQUIP R 318 00119 *FY* 46.25 MISe OPERATING SUPPLIES 01.49440.2199 WATER-SUPPLIES 318 00112 . 9.78 UTILITY SYSTEM MTCE SUPP 01.49440.2210 WATER-UTIL SYS 318 00120 400.89 *VENOOR TOTAL LEAGUE OF MN CITIES INS *FY* 6.00CR MIse GENERAL INSURANCE 01.42201.3699 WC-FIRE 318 00105 BRCtllltNCIAL SYSTEM CITY OF MONTICELLO 01/ 16:54:32 Schedule of Bills GL540R-V04.30 PAGE 4 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll F/P 10 LINE LEAGUE OF MN CITIES INS *FY* 981. 00 WORKER'S COMP INS PREMIU 1 1.49240.1510 WC-GENERAL 318 00104 *FY* 713.00 MISC GENERAL INSURANCE 6 1.49440.3699 WC-WATER/SEWER 318 00106 1,688.00 *VENDOR TOTAL MACQUEEN EQUIPMENT INC. *FY* 19,591. 74 HEAVY MACHINERY 1 1.43125.5401 SNOW REMOVER 318 00124 MAJIRS! ADVERTISING & DE PARKS-BROCHURES & LTRHD 686.82 MISC OTHER EXPENSE 1 1.45201.4399 318 00038 MARTIE/RUSSELL & SHARON *FY* TIF 1111 2,500.00 TIF PAYBACK INSTALLMENTS 2 3.46511.6511 318 00083 MINNEGASCO CITY HALL 347.95 GAS 1 1.41940.3830 318 00126 AN SHELTER 86.34 GAS 1 1.42701. 3830 318 00127 PARKS 141. 62 GAS 1 1.45201.3830 318 00128 WATER 7.52 GAS 6 1.49440.3830 318 00129 FIRE HALL 245.05 GAS 1 1.42201. 3830 318 00130 S~ARAGE/MAINT 1,872.52 GAS 101.43127.3830 318 00131 L Y 103.26 GAS 211.45501.3830 318 00132 2,804.26 *VENDOR TOTAL MN ANIMAL CONTROL ASSOCI *FY* 25.00 DUES, MEMBERSHIP & SUBSC 1 01.43110.4330 AN SHEL-DUES 318 00125 MN DEPART OF NATURAL RES WATERCRAFT TITLE 40.00 DNR PAYABLE 01.20811 318 00001 WATERCRAFT REG 716.00 DNR PAYABLE 01.20811 318 00002 SNOWMOBILE REG 2,551.00 DNR PAYABLE 01. 20811 318 00003 ATV REG 90.00 DNR PAYABLE 01.20811 318 00004 3.397.00 *VENDOR TOTAL MN OEPARTMENT OF AGRICUL PARKS-PESTICIDE LICENSE 10.00 LICENSES & PERMITS 01.45201.4370 318 00039 MN DEPT OF TRADE & ECON SCERG GRANT REIMB 2,483.45 GRANT REIMB - AROPLAX 22.46501. 6602 318 00040 MONTICELLO CHAMBER OF CO OLLIE-CHAMBER BANQUET 25.00 MISC OTHER EXPENSE 01.46501.4399 318 00042 COMMUNITY SIGN RENTAL 10.00 BUILDINGS 40.49201.5201 COMM CENT MEET 318 00043 35.00 *VENDOR TOTAL NA~ROGRAM ADMINISTR -MEMBERSHIP 35.00 DUES, MEMBERSHIP & SUBSC 1 01.43110.4330 318 00044 NORTHERN STATES POWER CO WATER 19.36 ELECTRIC 601.49440.3810 318 00045 SEWER COLLECTION 27.72 ELECTRIC 602.49490.3810 318 00046 BR~NCIAL SYSTEM CITY OF MONTICELLO 01 16:54:32 Schedule of Bill GL540R-V04.30 PAGE 6 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME F NO & ACCOUNT CLAIM INVOICE POll F/P 10 LINE QUALITY WINE & SPIRITS C *FY* LIQUOR 2,932.82 LIQUOR 6 9.49150.2510 318 00060 WINE 391.25 WINE 6 9.49150.2530 318 00061 LIQUOR 52.35 LIQUOR 6 9.49150.2510 318 00062 3,316.42 *VENDOR TOTAL QUSER *FY* 85.00 DUES, MEMBERSHIP & SUBSC 1 1.41920.4330 1991 DUES 318 00142 SALZWEDEL/PATRICIA AN CONTROL CONTRACT 2,259.40 PROF SRV - ANIMAL CTRL 0 1 1.42101.3120 JANUARY 318 00041 SHERBURNE COUNTY CITIZEN PET AD 30.00 ADVERTISING 6 9.49154.3499 318 00063 SIMPSON/CYNTHIA R FIRE HALL-CLEANING 50.00 PROF SRV - CUSTODIAL 1 1.42201.3110 JANUARY 318 00201 STEPHEN/JOAN BIRKELAND *FY* 7,426.59 TIF PAYBACK INSTALLMENTS 2 3.46515.6511 TIF 1115 318 00084 SUP~ FCR LANDFILL, I *FY* 981.14 MISe PROFESSIONAL SERV!C 1 1.43230.3199 LANDFILL CRGS 318 00143 TDS TELECOM PARKS 138.93 TELEPHONE 1 1.45201.3210 318 00064 CITY HALL 1,599.10 TELEPHONE 1 1.41301.3210 318 00065 FIRE DEPT 61.13 TELEPHONE 1 1.42201.3210 318 00066 AN SHELTER 224.52 TELEPHONE 1 1.42101.3210 318 00061 WATER 10.20 TELEPHONE 6 1.49440.3210 318 00068 pJ W 429.24 TELEPHONE 1 1.43110.3210 318 00069 DEP REG 119.55 TELEPHONE 1 1.41990.3210 318 00010 PW INSP 10.20 TELEPHONE 1 1.43115.3210 318 00071 COMPUTER 10.20 TELEPHONE 1 1.41920.3210 318 00012 LIQUOR 238.47 TELEPHONE 6 9.49754.3210 318 00013 2,901.54 *VENDOR TOTAL THORPE DISTRIBUTING COMP BEER 13,571. 70 BEER 6 9.49750.2520 318 00014 MISC TAXABLE 118.15 MISC TAXABLE 6 9.49150.2540 318 00015 13,689.85 *VENDOR TOTAL UNIVERSITY OF MINNESOTA PARKS-RECERT WORKSHOPS 50.00 CONFERENCE & SCHOOLS 1 1.45201.3320 318 00016 US~TE SERVICES, INC 1,856.61 PROF SRV - REFUSE COLLEC 1 1.43230.3100 REFUSE-12/11 318 00144 VIKING COCA COLA *FY* 96.55 MISC TAXABLE 6 9.49150.2540 LIQUOR-POP 318 00146 BR~NCIAL SYSTEM CITY OF MONTICELLO 01 16:54:32 Schedule of Bill GL540R-V04.30 PAGE 7 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME F NO & ACCOUNT CLAIM INVOICE POll F/P 10 LINE VIKING COCA COLA *FY* 124.39 MISC OTHER EXPENSE 1 1.43110.4399 PW - POP 318 00145 220.94 *VENDOR TOTAL WATSON COMPANY. INC/THE TAX MISC 166.66 MISC TAXABLE 6 9.49750.2540 507438 318 00077 WEST STAR ELECTRIC INC *FY* 823.00 BUILDINGS 1 1.42701.5201 AN SHEL-RECEP 318 00147 WRIGHT COUNTY AUDITOR-TR SCERG GRANT REIMB 2.760.51 GRANT REIMBURSEMENT 2 2.46501.6601 318 00079 WRIGHT-HENNEPIN COOP ELE BOHANON FARMS 9.49 MISC OTHER EXPENSE 4 6.49201.4399 318 00078 WSB & ASSOCIATES, INC. *FY* 52.00 PROF SRV - ENGINEERING F 1 1.43110.3030 A GLORIOUS CH 318 00187 *FY* 1.910.25 PROF SRV - ENGINEERING F 1 1.43110.3030 BL HOSP 318 00164 *FY* 846 . 00 PROF SRV - ENGINEERING F 1 1.43110.3030 BL HOSP 318 00169 . 839.50 PROF SRV - ENGINEERING F 4 7.49201.3030 BRIAR OAKES 2 318 00158 512.00 PROF SRV - ENGINEERING F 4 4.49201. 3030 CARD HILLS 6 318 00156 *FY* &~ 44.00 PROF SRV - ENGINEERING F 4 4.49201.3030 CARDINAL HILLS 318 00199 *FY* 423.50 PROF SRV - ENGINEERING F 1 1.43110.3030 CARDINAL POND 318 00155 *FY* 73.00 PROF SRV - ENGINEERING F 1 1.43110.3030 CARDINAL POND 318 00174 *FY* 102.50 PROF SRV - ENGINEERING F 1 1.43110.3030 CARDINAL POND 318 00194 *FY* 542.00 PROF SRV - ENGINEERING F 4 0.49201.3030 CHELSEA RD/SCH 318 00161 *FY* 518.29 PROF SRV - ENGINEERING F 4 6.49201.3030 DUNDAS/FALLON 318 00163 *FY* 132.00 PROF SRV - ENGINEERING F 4 8.49201.3030 EASTWOOD KNOLL 318 00188 *FY* 828.00 PROF SRV - ENGINEERING F 1 1.43110.3030 GENERAL 318 00150 *FY* 564.00 PROF SRV - ENGINEERING F 1 1.43110.3030 GENERAL 318 00182 *FY* 700.00 PROFSRV - ENGINEERING F 1 1.43110.3030 GENERAL 318 00186 *FY* 1,299.75 PROF SRV - ENGINEERING F 4 3.49201.3030 HS TRUNK SWR 318 00172 *FY* 4,245.94 PROF SRV - ENGINEERING F 4 8.49201.3030 KLEIN FARMS 2 318 00183 *FY* 9,597.50 PROF SRV - ENGINEERING F 4 8.49201.3030 KLEIN FARMS 4 318 00160 *FY* 11,083.00 PROF SRV - ENGINEERING F 4 8.49201.3030 KLEIN FARMS 4 318 00170 *FY* 2.087.00 PROF SRV - ENGINEERING F 1 1.43110.3030 MAPS 318 00191 *FY* 88.00 PROF SRV - ENGINEERING F 1 1.43110.3030 METHODIST 318 00177 *FY* 44.00 PROF SRV - ENGINEERING F 1 1.43110.3030 MONTE CLUB SWR 318 00168 *FY* 394.00 PROF SRV - ENGINEERING F 1 1.43110.3030 MONTE CLUB-SWR 318 00148 *FY* 95.00 PROF SRV - ENGINEERING F 1 1.43110.3030 MONTI MAPS 318 00152 *FY* 1,290.88 PROF SRV - ENGINEERING F 1 1.43110.3030 MONTI MAPS 318 00179 *FY* 264.00 PROF SRV - ENGINEERING F 1 1.43110.3030 P 0 REVIEW 318 00195 *FY* 88.00 PROF SRV - ENGINEERING F 1 1.43110.3030 PRAIRIE W 318 00192 *FY* 3,988.00 PROF SRV - ENGINEERING F 1 1.43110.3030 PRAIRIE W ADDT 318 00153 J 1,155.00 PROF SRV - ENGINEERING F 1 1.43110.3030 PRAIRIE WEST 318 00178 88.00 PROF SRV - ENGINEERING F 1 1.43110.3030 RESURRECTION 318 00175 ~Q{ 3.750.00 PROF SRV - ENGINEERING F 1 1.43110.3030 RESURRECTION 318 00190 *FY* 624.00 PROF SRV - ENGINEERING F 1 1.43110.3030 RIVER MILL 2 318 00167 / 'f\t0 BR~NCIAL SYSTEM CITY OF MONTICELLO 01 16:54:32 Schedule of B; ls GL540R-V04.30 PAGE 8 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE WSB & ASSOCIATES, INC. *FY* 176.00 PROF SRV - ENGINEERING F 101.43110.3030 RIVER MILL 2ND 318 00157 *FY* 2:391.50 PROF SRV - ENGINEERING F 101.43110.3030 SCH BLVD TRAF 318 00184 *FY* 2.475.50 PROF SRV - ENGINEERING F 101.43110.3030 SCH BLVD TRAF 318 00185 *FY* 88.00 PROF SRV - ENGINEERING F 101.43110.3030 SR HI PLAN 318 00189 *FY* 94.50 PROF SRV - ENGINEERING F 101.43110.3030 SR HIGH PLAN 318 00180 *FY* 130.00 PROF SRV - ENGINEERING F 101.43110.3030 ST AID NETWRK 318 00151 *FY* 264.00 PROF SRV - ENGINEERING F 101.43110.3030 ST AID NTWORK 318 00181 *FY* 2,433.00 PROF SRV - ENGINEERING F 101.43110.3030 ST HENRY 318 00154 *FY* 1,116.00 PROF SRV - ENGINEERING F 101.43110.3030 ST HENRY'S 318 00176 *FY* &u/ 153.00 PROF SRV - ENGINEERING F 101.43110.3030 ST HENRY'S 318 00193 *FY* 362.50 PROF SRV - ENGINEERING F 101.43110.3030 TH WETLAND 318 00165 *FY* 495.00 PROF SRV - ENGINEERING F 101.43110.3030 TH 25 WETLAND 318 00159 *FY* 13.340.00 PROF SRV - ENGINEERING F 50.49201. 3030 TH 25/CHELSEA 318 00162 *FY* 6,071.25 PROF SRV - ENGINEERING F 101.43110.3030 TH25 WETLAND 318 00196 *FY* 24,480.00 PROF SRV - ENGINEERING F 50.49201.3030 TH25/CHELSEA 318 00166 *FY* 4,300.42 PROF SRV - ENGINEERING F 35.49201.3030 1997 PATHWAY 318 00171 *FY* 969.00 PROF SRV - ENGINEERING F 01.43110.3030 7TH STREET 318 00149 *FY* 65.00 PROF SRV - ENGINEERING F 01.43110.3030 7TH STREET 318 00173 *FY* 2.233.00 PROF SRV - ENGINEERING F 01.43110.3030 7TH STREET 318 00197 . 1 9.906.78 *VENDOR TOTAL Y.M.C.A. OF MINNEAPOLIS CONTRACT PAYMENT 625.00 MISC PROFESSIONAL SERVIC 01.45177.3199 JANUARY 318 00080 . ---.-.. _._-,.~------ - --.-.. ______..n. BR.NCIALSYSTEM 01 8 16:54:32 VENDOR NAME DESCRIPTION REPORT TOTALS: . . AMOUNT ACCOUNT NAME 326.146.41 RECORDS PRINTED - 000199 Schedule of Bill CLAIM INVOICE CITY OF MONTICELLO GL540R-V04.30 PAGE 9 PO# F/P 10 LINE BR.NCIAL SYSTEM 01 16:55:52 Schedule of Bi 15 CITY OF MONTICELLO GL060S-V04.30 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION DISBURSE ENTS 101 GENERAL FUND 211 LIBRARY FUND 213 HRA FUND 222 SCERG (ECON RECOVERY GRANT) 223 CMIF (CENT MN IN IT FUND) 240 CAPITAL PROJECT REVOLVING FD 435 93-08C PATHWAY PROJECT 436 93-14C WWTP EXPANSION PRJ 438 94-02C EASTWOOD KNOLL 446 96-01C DUNDAS RD/COMM CTR 3D 447 96-02C BRIAR OAKES 2ND 448 96-05C KLEIN FARMS 2ND 450 96-04C HWY25/MNDOT IMPR 453 97-07C HIGH SCHOOL TR ST SEW 454 97-01C CARD HILLS VI 458 97-04C KLEIN FARMS PHASE 2 601 HATER FUND 60.HER FUND 609 NICIPAL LIQUOR FUND 651 RIVERSIDE CEMETERY 104,03 .56 33 .76 55,40 .13 5,24 .96 1,10 .21 3 .37 4,30 .42 67 .85 13 .00 51 .29 83 .50 4,24 .94 44,18 .00 1.29 .75 55 .00 20,83 .02 3,62 .98 34,40 .74 42.67 .93 1,71 .00 TOTAL ALL FUNDS 326,14 .41 BANK RECAP: BANK NAME DISBURSE ENTS GENL GENERAL CHECKING LIQR LIQUOR CHECKING 283,46 .48 42,67 .93 TOTAL ALL BANKS 326,14.41 THE PRECEDING LIST OF BILLS PAYABLE WAS REVIEW D AND APPROVED FOR PAYMENT. DATE ............ APPROVED BY .