2014-10-06 CC Agenda Packet
City of Albertville Council Agenda
Monday, October 6, 2014
City Council Chambers
7:00 PM
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community
interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public
Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes.
M:\Public Data\City Council\Council Agendas\2014 Agendas\2014-10-06 CC Agenda.doc
Meeting Date: October 6, 2014
1. Call to Order
2. Pledge of Allegiance – Roll Call
3. Recognitions – Presentations - Introductions
4. Public Forum – (time reserved 5 minutes)
5. Amendments to the Agenda
6. Consent Agenda
All items under the Consent Agenda are considered to be routine by the City staff and will
be enacted by one motion. In the event an item is pulled it will be discussed in the order it
is listed on the Consent agenda following the approval of the remaining Consent items.
These items will be approved by a separate motion.
A. Approve the September 15, 2014 regular City Council meeting minutes as presented
(pgs 4-9)
B. Authorize the Monday, September 15, 2014 payment of claims as presented, except
bills specifically pulled which are passed by separate motion. The claims listing has
been provided to City Council as a separate document and is available for public view
at City Hall upon request (pg 10)
C. Adopt Resolution No. 2014-031 entitled a Resolution Awarding the Sale of $655,000
General Obligation Improvement Bond, Series 2014A; Fixing Its Form and
Specifications; Directing Its Execution and Delivery; and Providing for Its Payment
(pgs 11 -31)
D. Adopt Resolution 2014-032 increasing the debt service levy for G.O. Bond 2008B (pgs
32-33)
E. Accept the municipal improvements and to reduce Letter of Credit No. 163905277 held
as security for the Guardian Angels development to no less than $31,200, conditioned
on any outstanding balances owed to the City being paid in full (pg 34)
F. Approve Resolution 2014-033 appointing additional Official Election Judges for the
2014 General Election (pg 35)
7. Public Hearings – None
Agenda Page 1
City of Albertville Council Agenda
Monday, October 6, 2014 Page 2 of 3
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Meeting Date: October 6, 2014
8. Department Business
A. Planning/Zoning
1). Billboard Update (pgs 36-38) – Verbal Update (Draft ordinance attached)
B. City Council
1). Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, etc.)
2). Appointment of City Council member to Beyond the Yellow Ribbon
Campaign Committee
C. Finance – None
D. City Clerk
1). City Center Smartphone Mobile App (pgs 39-74)
2). STMA Youth Hockey Application for Gambling Premises Permit for Willy
McCoys, located at 5651 LaCentre Avenue NE (pgs 75-80)
3). Set Date to Canvass November 4, 2014 Election Results
4). Set Truth in Taxation Hearing Meeting for Monday, December1, 2014 at
6:00 p.m. at City Hall, Council Chambers
E. Public Works/Engineering – None
F. Building – None
G. Legal – None
H. Administration
1). City Administrator’s Update (pgs 81-82)
9. Announcements and/or Upcoming Meetings
October 13 STMA Ice Arena Hockey Board, 6:30 p.m.
October 14 Planning Commission, 7:00 p.m.
October 20 City Council, 7:00 p.m.
October 27 Joint Powers Water Board, 6:30 p.m.
November 3 City Council, 7:00 p.m.
November 4 General Election, 7:00 a.m. – 8:00 p.m.
November TBD Canvass Election Results
Planning Commission, 7:00 p.m.
November 10 STMA Ice Arena Board, 6:00 p.m.
November 11 Veterans Day, City Offices Closed
Agenda Page 2
City of Albertville Council Agenda
Monday, October 6, 2014 Page 3 of 3
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Meeting Date: October 6, 2014
November 17 City Council, 7:00 p.m.
November 24 Joint Powers Water Board, 6:30 p.m.
Parks Committee, 8:00 p.m.
November 27 Thanksgiving Day, City Offices Closed
November 28 Day After Thanksgiving, City Offices Closed
OCTOBER
NOVEMBER
Su M Tu W Th F Sa
Su M Tu W Th F Sa
1 2 3 4
1
5 CC 6 7 8 9 10 11
2 CC 3 4 5 6 7 8
12 Ice 13 PC 14 15 16 17 18
9 Ice10CC
H
11 PC12 13 14 15
19 CC 20 21 22 23 24 25
16 CC 17 18 19 20 21 22
26 JP27 28 29 30 31
23 JP24PK 25 26 H
27 H28 29
30
10. Adjournment
Agenda Page 3
Page 1
ALBERTVILLE CITY COUNCIL
Monday, September 15 2014
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:02 p.m.
2. ROLL CALL
Present: Mayor Hendrickson and Council members Olson, Sorensen, Vetsch, and Wagner
Others Present: Finance Director Tina Lannes, City Attorney Mike Couri, City Planner Alan
Brixius, Public Works Supervisor Tim Guimont, Water/Wastewater Supervisor John Middendorf,
Patrick Cole, Brad Cedergren, Candi Testa, Jacob Steen, Lori Goutermont, Walter Hudson, and
Nancy Thompson
3. RECOGNITIONS-PRESENTIONS-INTRODUCTIONS - None
4. PUBLIC FORUM
Lori Goutermont, 512 12th Street SW, St. Michael, was present for the proclamation of Women of
Today Week. Hendrickson read a proclamation proclaiming September 21-27, 2014 as Minnesota
Women of Today Week.
5. APPROVAL OF THE AGENDA
Hendrickson moved Planning Item E1 to immediately after the consent agenda.
Motioned by Vetsch, seconded by Sorensen, to approve the Agenda as amended. Ayes:
Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
6. CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on
Agenda Page 4
City Council Meeting Minutes Page 2
Regular Meeting of September 15, 2014
the Consent Agenda following the approval of the remaining Consent items. These items will be
approved by a separate motion.
A. Approve the September 2, 2014 regular City Council meeting minutes as presented
B. Approve the September 8, 2014 budget workshop City Council meeting minutes as
presented
C. Authorize the Monday, September 15, 2014 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at City
Hall upon request
D. Approve Memorandum of Understanding Between Wright County and the City of
Albertville to Purchase Salt for the 2014-2015 Snow and Ice Removal Season
E. Approve the 2015 Preliminary Levy and Budget to include Resolution 2014-025 Adopting
the Preliminary Property Tax Levy and Resolution 2014-026 Adopting Preliminary Budget
F. Approve Resolution No. 2014-029 Adopting Decrease Debt Service Levies
G. Approve Resolution No. 2014-030 Adopting Increase Debt Service Levies
H. Accept Utility Department Update
Sorensen asked that Item 6A be corrected to show the time and motion of the City Council meeting
adjournment.
Vetsch removed Item 6E from the consent agenda for discussion under Finance.
Motioned by Vetsch, seconded by Sorensen, to approve the Consent Agenda as mended. Ayes:
Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
A. Planning/Zoning
1). Nelson Billboard Appeal
Brixius reported the applicant, Stephen Nelson, 7656 128th Street W, Apple Valley,
MN, had applied for a billboard sign just west of the Space Aliens building. Brixius
stated staff met with Sheila DeVine of Warnert Commercial Real Estate LLC to
discuss options for the construction of a billboard on Block 1, Lot 1, Field Plaza 2nd
Addition. In that meeting, staff discussed whether the site qualified as a billboard site
under Albertville’s sign ordinance. Staff felt the billboard did not meet City Code
standards as listed below:
• The site in question is not immediately adjacent to the Interstate right-of-way.
The site is separated from the Interstate by property owned by the City of
Albertville. Without this adjacency, the site will not be eligible for a billboard.
• A second issue exists relating to setbacks. Section 10-7-6 requires advertising
devices to meet the minimum setback of the base zoning district. The site is
zoned B-3 which requires a 20 foot rear yard setback. The City owned property
to the north has a depth of 88 feet. Even if the property were considered
immediately adjacent to the Interstate right-of-way, the 88 foot depth of the
City property and the 20 foot setback required on the property places the
Agenda Page 5
City Council Meeting Minutes Page 3
Regular Meeting of September 15, 2014
proposed sign more than 100 feet from the Interstate right-of-way outside of
the defined adjacent area.
On July 21, 2014, the City received a permanent sign permit application to construct a
dynamic billboard on Block 1, Lot 1, Field Plaza 2nd Addition. After a phone
discussion with the applicant, City staff issued an August 7, 2014 letter denying the
sign permit finding that the site is not eligible for a billboard.
On August 19, 2014, the City received a request for Council appeal of the sign permit
denial (Exhibit C). After discussion between City staff and the applicant’s attorney,
they submitted a revised appeal letter dated August 22, 2014 that approval of the sign
should be granted on the following grounds:
• The ordinance does not make reference to the adjacency requirement and the
adjacent areas by definition may include multiple tiers of lot provided they are
within 100 feet of the Interstate right-of-way.
• The City owned right-of-way that lies between the applicant’s lot and the I-94
right-of-way is intended to be used as Interstate right-of-way with the
development of Phase 2 of the Interchange improvements and should be
considered part of the I-94 right-of-way.
Brixius reported that in response to the appeal and grounds listed, staff found:
• The proposed sign is located 108 feet from the I-94 right-of-way as defined as
the adjacent area in Section 10-7-2 of the Albertville Sign Code.
• The City owned right-of-way is not Interstate right-of-way in that it is owned
by the City, contains utilities, and performs a separate function than the I-94
right-of-way. The City utilities will require relocation prior to its use as I-94
right-of-way.
• While the Albertville Comprehensive Plan identifies the Phase 2 improvements
to the County Road 19/I-94 ramp as a City goal, this goal is time sensitive in
that it is reliant on actions beyond the control of the City. The City is not
obligated to implement a zoning approval based on the stated Comprehensive
Plan goal. The premature installation of a sign at this location may be an
obstacle to the implementation of the City’s Comprehensive Plan goals for the
County Road 19/I-94 ramp and C-D road.
Patrick Cole, Larkin Hoffman Attorneys, was present and represents the applicant
Mr. Nelson. He stated their issue is with the interpretation of adjacency
requirements and they would like to see the ditch removed from the area of land to
be included while determining adjacency.
Vetsch stated that he was concerned about future claims for damages. Couri stated
that they should not consider future damages, but whether it will inhibit the
implementation of the Comprehensive Plan in the future.
Agenda Page 6
City Council Meeting Minutes Page 4
Regular Meeting of September 15, 2014
Couri stated that he felt staff interpretation to be correct and even if they should
construct the ramp, they would need to measure from the prolongation of the normal
right-of-way. He does not see how they could approve the billboard with the way the
Code is written today. Couri stated that Minnesota does not allow a “use” variance
and that is the type of variance that would likely be needed here. The only way he
could see approval of the billboard sign would be to amend the ordinance which
would be a Council policy decision that could affect current and future billboards.
Vetsch inquired if the lot is a buildable lot. Brixius stated that it was and the Code
does not prohibit both billboards and buildings on the same lot.
Jacob Steen, Larson Hoffman Attorneys, suggested they amend the setback from 20
feet to 12 feet so that it affects only this property, rather than others in the City.
Hendrickson stated that she is pro-business. Sorensen stated that he did not feel this
should be addressed with a variance, but believes the only way to make it work would
be to amend the Code.
Olson inquired if they needed to act on the appeal. Couri stated they would need to
reply to the applicant within sixty (60) days. Couri suggested bringing the item back
to City Council at the October 6, 2014 meeting. Cole stated the applicant was
comfortable extending the response period another thirty (30) days if needed.
Council directed staff to work with the applicant to come up with a solution.
7. PUBLIC HEARING – None
8. Department Business
B. City Council
1). Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, etc.)
There were no committee updates.
C. Finance - None
1). Approve the 2015 Preliminary Levy and Budget
Vetsch inquired if they could take some of the $90,000 set aside for Fire Relief
Association to decrease the levy amount. Lannes replied that if the money is taken
out by either Otsego or Albertville, they would need to fund that money back the
next year. She did not recommend doing so.
Hendrickson stated she had spoken with Sheriff Hagerty regarding law enforcement
services and stated she is comfortable with what was decided at the last workshop.
Wagner stated that he is struggling with understanding the need for the additional
Public Works position given the City is only four (4) square miles in size and invited
Public Works Supervisor Guimont to speak as to why they needed an additional
Agenda Page 7
City Council Meeting Minutes Page 5
Regular Meeting of September 15, 2014
Public Works employee. Guimont stated that they had outsourced for vehicle
maintenance and repairs in the past and they have since taken all those repairs for
Public Works, Fire, and STMA Ice Arena in-house due to the capabilities of the
current staff. Wagner inquired if the City is saving money this way. Lannes stated
that she has seen a significant decrease in expenses in that area. Guimont stated a lot
of Public Works time is spent at City Hall for set up and take down for room
reservations, usually every day. Guimont stated they have taken over sprinkler
maintenance, street patching, and sidewalk repair/snowblowing. He stated they are
struggling to maintain the current level of service as the City is getting older,
requiring more work, and he would like to increase the level of service.
Vetsch would like to see another sheriff’s quadrant car for northeast Wright County.
Motioned by Sorensen, seconded by Olson, to approve Resolution No. 2014-025
Adopting the Preliminary Property Tax Levy and Resolution No. 2014-026
Adopting the Preliminary Budget. Ayes: Hendrickson, Olson, Sorensen, and
Wagner. Nays: Vetsch. Absent: None. MOTION DECLARED CARRIED.
D. City Clerk - None
E. Public Works/Engineering - None
F. Building - None
G. Legal
1). City Attorney’s Report
H. Administration
1). City Administrator’s Update
Sorensen inquired if the City newsletter would include candidate biographies.
Lannes stated staff is currently undecided. Sorensen encouraged staff to include the
candidate information in the newsletter, since he has received comments that
residents have read and liked having that information in the newsletter.
Hendrickson stated she would be attending an I-94 Coalition event with Corridors of
Commerce to get the environmental study done for the expansion of I-94 to Highway
25 in Monticello.
September 18 Beyond the Yellow Ribbon Kickoff, 6:30 p.m., City Hall
September 22 Joint Powers Water Board, 6:30 p.m.
Parks Committee, 8:00 p.m.
October 6 City Council, 7:00 p.m.
October 13 STMA Ice Arena Board, 6:00 p.m.
October 14 Planning Commission, 7:00 p.m.
October 20 City Council, 7:00 p.m.
October 27 Joint Powers Water Board, 6:30 p.m.
Agenda Page 8
City Council Meeting Minutes Page 6
Regular Meeting of September 15, 2014
10. ADJOURNMENT
Motioned by Wagner, seconded by Olson, to adjourn the meeting at 8:15 p.m. Ayes: Hendrickson,
Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED
CARRIED.
Respectfully submitted,
___________________________________
Kimberly A. Olson, City Clerk
Agenda Page 9
Mayor and Council Request for Action
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Meeting Date: October 6, 2014
October 2, 2014
SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, October 6, 2014 payment of the claims as presented
except the bills specifically pulled, which are passed by separate motion. The claims listing has
been provided to Council as a separate document. The claims listing is available for public
viewing at City Hall upon request.
BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved
through their respective departments and administration and passed onto the City Council for
approval.
KEY ISSUES:
• Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and
key issues will be presented in the claims listing document.
POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve
payables on a semi-monthly basis.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of
payments presented.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills
pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner,
generally within 30 days unless one party determines to dispute the billing.
Responsible Person: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment: List of Claims (under separate cover)
Agenda Page 10
Mayor and Council Communication
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Meeting Date October 6, 2014
October 1, 2014
SUBJECT: FINANCE DEPARTMENT – 2014A GENERAL OBLIGATION IMPROVEMENT
REFUNDING BOND
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution No. 2014-031 entitled a Resolution Awarding the Sale of
$655,000 General Obligation Improvement Bond, Series 2014A; Fixing Its Form and
Specifications; Directing Its Execution and Delivery; and Providing for Its Payment.
Description: This refunding involves the refinancing of the CSAH 19, Lachman Avenue Project,
Barthel Industrial Project and the Storm Water Pond Project bonds.
KEY ISSUES: This refunding does not increase the remaining length of the debt for the City of
Albertville.
POLICY CONSIDERATIONS: It is the City’s policy to review and approve redemption of
bonds on first call date if it is feasible and has significant savings.
FINANCIAL CONSIDERATIONS: Refinancing this bond does not affect the 2014 budget.
Pricing on the bonds have an expected $17,000 in future savings.
LEGAL CONSIDERATIONS: The Mayor and Council have the statutory authority to reissue
bonds pursuant to the bond indentures.
Submitted through: Adam Nafstad, City Administrator
Department/Responsible Person: Finance, Tina Lannes, Finance Director
Attachments: Extract of minutes and Resolution Number 2014-031
Agenda Page 11
Extract of Minutes of Meeting
of the City Council of the City of
Albertville, Wright County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Albertville, Minnesota, was duly held in the City Hall in said City on Monday, October 6, 2014,
commencing at 7:00 P.M.
The following members were present:
and the following were absent:
* * * * * * * * *
The Mayor announced that the next order of business was consideration of an offer for the
purchase of the City’s $655,000 General Obligation Improvement Refunding Bond, Series 2014A.
The City Administrator presented an offer of Financial Security Bank, Albertville,
Minnesota, to purchase the Bond that had been submitted to the City pursuant to Council direction.
After due consideration of the offer, Member ______ then introduced the following
resolution, and moved its adoption:
Agenda Page 12
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 2
CITY OF ALLBERTVILL
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2014-031
A RESOLUTION AWARDING THE SALE OF THE $655,000 GENERAL
OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 2014A;
FIXING ITS FORM AND SPECIFICATIONS;
DIRECTING ITS EXECUTION AND DELIVERY;
AND PROVIDING FOR ITS PAYMENT
BE IT RESOLVED By the City Council of the City of Albertville, Wright County,
Minnesota (the “City”) as follows:
Section 1. Sale of Bond.
1.01. Authorization. It is hereby determined that:
(a) Pursuant to Minnesota Statutes, Chapters 429 and 475, as amended, the
City issued its $4,035,000 General Obligation Improvement Bonds, Series 2007A (the
“Prior Bonds”), dated August 1, 2007, the proceeds of which were used to finance certain
public improvements (the “Improvements”).
(b) the City is authorized by Minnesota Statutes, Chapter 475 (the “Act”) and
Section 475.67, Subdivision 3, of the Act to issue and sell its general obligation bonds to
refund obligations and the interest thereon before the due date of the obligations, if
consistent with covenants made with the holders thereof, when determined by the City
Council to be necessary or desirable for the reduction of debt service cost to the City or
for the extension or adjustment of maturities in relation to the resources available for their
payment;
(c) Section 475.67, subdivision 4 of the Act permits the sale of refunding
obligations during the six month period prior to the date on which the obligations to be
refunded may be called for redemption;
(c) The City Council finds it necessary and expedient to the sound financial
management of the affairs of the City that the City issue its General Obligation
Improvement Refunding Bond, Series 2014A (the “Bond” or the “2014 Bond”), in the
original aggregate principal amount of $655,000, to refund in advance of maturity and at
its redemption date the 2016 and the 2017 maturities of the Prior Bonds (the “Refunded
Bonds”).
Agenda Page 13
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 3
(d) The City is authorized by Section 475.60, subdivision 2(2), of the Act to
negotiate the sale of the Bond, since the City has not issued bonds in an aggregate principal
amount exceeding $1,200,000 in the past 12-month period. The actions of the City staff in
negotiating the sale of the Bond are ratified and confirmed in all respects.
.
1.02 Award to the Purchaser. The offer of Financial Security Bank, Albertville,
Minnesota (the “Purchaser”) to purchase the Bond is found and determined to be a reasonable offer
and is accepted, the offer being to purchase the Bond at a price of $655,000 for the Bond bearing
interest at the rate of 1.00% per annum.
1.03. Terms and Principal Amounts of the Bond. The City will forthwith issue and sell
the Bond to the Purchaser pursuant to the Act in the total principal amount of $655,000, originally
dated November 6, 2014, in the denomination of $655,000, bearing interest as above set forth, and
maturing on February 1, 2017. Principal of the Bond shall be payable on the dates and in the
installment amounts set forth below:
Year Amount
2017* $655,000
*Term Bond
1.04. Term Bond; Mandatory Redemption. The Bond maturing on February 1, 2017,
shall hereinafter be referred to as the “Term Bond.” The Term Bond is subject to mandatory
sinking fund redemption and shall be redeemed in part by lot at par plus accrued interest on the
sinking fund installment dates and in the principal amounts as follows:
Sinking Fund Installation Date Principal Amount
February 1, 2017 Term Bond
2016 $329,000
2017 (maturity) 326,000
Section 2. Registration and Payment.
2.01. Registered Form. The Bond will be issued as a single typewritten bond, only in
fully registered form. The interest thereon and, upon surrender of the Bond, the principal amount
thereof, is payable by check or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. The Bond will be dated as of the date of delivery.
The interest on the Bond will be payable on February 1 and August 1 of each year, commencing
Agenda Page 14
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 4
August 1, 2015 to the registered owners of record thereof as of the close of business on the fifteenth
day of the immediately preceding month, whether or not that day is a business day.
2.03. Registration. The City appoints Northland Trust Services, Inc. in Minneapolis,
Minnesota as bond registrar (the “Registrar”). The effect of registration and the rights and duties of
the City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a bond
register in which the Registrar provides for the registration of ownership of the Bond and
the registration of transfers and exchanges of the Bond entitled to be registered, transferred
or exchanged.
(b) Transfer of Bond. Upon surrender for transfer of a Bond duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the Registrar will authenticate and
deliver, in the name of the designated transferee or transferees, one or more new Bonds of a
like aggregate principal amount and maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any transfer after the fifteenth day of the
month preceding each interest payment date and until that interest payment date.
(c) Exchange of Bond. When a Bond is surrendered by the registered owner for
exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity as requested by the registered owner or the
owner’s attorney in writing.
(d) Cancellation. When a Bond is surrendered upon transfer or exchange it will be
promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for
transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the
endorsement on the Bond or separate instrument of transfer is valid and genuine and that the
requested transfer is legally authorized. The Registrar will incur no liability for the refusal,
in good faith, to make transfers which it, in its judgment, deems improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in whose
name a Bond is registered in the bond register as the absolute owner of the Bond, whether
the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the
principal of and interest on the Bond and for all other purposes, and payments so made to a
registered owner or upon the owner’s order will be valid and effectual to satisfy and
discharge the liability upon the Bond to the extent of the sum or sums so paid.
Agenda Page 15
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 5
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner
thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax,
fee or other governmental charge required to be paid with respect to the transfer or
exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bond. If a Bond becomes mutilated or is
destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,
maturity date and tenor in exchange and substitution for and upon cancellation of the
mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon
the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar
of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the
ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity
in form, substance and amount satisfactory to it and as provided by law, in which both the
City and the Registrar must be named as obligees. A Bond so surrendered to the Registrar
will be cancelled by the Registrar and evidence of such cancellation must be given to the
City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for
redemption in accordance with its terms it is not necessary to issue a new Bond prior to
payment.
2.04. Execution and Delivery. The Bond will be prepared under the direction of the City
Administrator and executed on behalf of the City by the signatures of the Mayor and the City
Administrator, provided that all signatures may be printed, engraved or lithographed facsimiles of
the originals. If an officer whose signature or a facsimile of whose signature appears on the Bond
ceases to be such officer before the delivery of the Bond, that signature or facsimile will
nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in
office until delivery. When the Bond has been so prepared and executed, the City Administrator
will deliver the same to the Purchaser upon payment of the purchase price in accordance with the
contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the
application of the purchase price.
Section 3. Form of Bond.
3.01. Execution of the Bond. The Bond will be printed or typewritten in substantially the
form as shown in EXHIBIT A.
3.02. Approving Legal Opinion. The City Administrator will obtain a copy of the
proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota,
which will be complete except as to dating thereof .
Section 4. Payment; Security; Pledges and Covenants.
Agenda Page 16
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 6
4.01. Debt Service Fund. The Bond is payable from the General Obligation
Improvement Refunding Bond, Series 2014A Debt Service Fund (the “Debt Service Fund”)
hereby created, and the proceeds of general taxes hereinafter levied (the “Taxes”) and special
assessments (the “Assessments”) to be collected in 2015 and 2016 for the Improvements
refinanced with the proceeds of the Bond are hereby pledged to the Debt Service Fund. If a
payment of principal of or interest on the Bonds becomes due when there is not sufficient money
in the Debt Service Fund to pay the same, the Finance Director is directed to pay such principal
or interest from the general fund of the City, and the general fund will be reimbursed for those
advances out of the proceeds of Taxes and Assessments when collected.
The debt service fund heretofore established for the Prior Bonds, as defined in the
resolution providing for the issuance and sale of the Prior Bonds (the “Prior Resolution”), shall
remain in effect with regard to all Prior Bonds except for the Refunded Bonds.
4.02. Redemption Fund. All proceeds of the Bond, less the appropriations made in
Section 4.01 hereof and the costs of issuance of the Bonds, will be deposited in a separate fund
(the “Redemption Fund”) to be used solely to redeem and prepay the Refunded Bonds on
February 1, 2015 (the “Redemption Date”). Any balance remaining in the Redemption Fund
after the redemption of the Refunded Bonds shall be deposited in the Debt Service Fund herein
created for the Bond.
4.03. Pledge of Tax Levy. For the purpose of paying the principal of and interest on the
Bond, there is hereby levied a direct annual irrepealable ad valorem tax upon all of the taxable
property in the City, which will be spread upon the tax rolls and collected with and as part of
other general taxes of the City. Such Taxes will be credited to the Debt Service Fund above
provided and will be in the years and amounts attached hereto as EXHIBIT B.
4.04. Certification to County Auditor as to Debt Service Fund Amount. It is hereby
determined that the estimated collections of Assessments and the foregoing Taxes will produce at
least five percent in excess of the amount needed to meet when due the principal and interest
payments on the Bond. The tax levy herein provided is irrepealable until the Bond is paid,
provided that at the time the City makes its annual tax levies the City Administrator may certify
to the County Auditor of Wright County the amount available in the Debt Service Fund to pay
principal and interest due during the ensuing year, and the County Auditor will thereupon reduce
the levy collectible during such year by the amount so certified.
4.05. Prior Resolution Pledges. The pledges and covenants of the City made by the
Prior Resolution relating to the Improvements financed with the proceeds of the Prior Bonds and
the levy and collection of special assessments against property benefited by the Improvements
and ad valorem taxes are restated and confirmed in all respects. The provisions of the Prior
Resolution are hereby supplemented to the extent necessary to give full effect to the provisions
hereof.
Agenda Page 17
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 7
4.06. Cancellation of Levy for Prior Bonds. Following the payment in full of all
outstanding principal of the Refunded Bonds on the Redemption Date, the City Administrator is
hereby directed to certify such fact to and request the County Auditor to reduce the tax levies
made by the Prior Resolution for collection years 2015 and 2016.
4.07. Certificates of County Auditor as to Registration. The City Administrator is
authorized and directed to file a certified copy of this resolution with the County Auditors and to
obtain the certificates required by Section 475.63 of the Act.
.
Section 5. Refunding of Refunded Bonds; Findings; Redemption of Refunded Bonds.
5.01. Purpose of Refunding. The Refunded Bonds will be called for redemption on
February 1, 2015, in the aggregate principal amount of $645,000. It is hereby found and
determined that based upon information presently available from the City’s municipal advisor,
the issuance of the Bond, a portion of which will be used to redeem and prepay the Refunded
Bonds, is consistent with covenants made with the holders of the Prior Bonds and is necessary
and desirable for the reduction of debt service costs to the City.
5.02. Application of Proceeds of Bond. It is hereby found and determined that the
proceeds of the Bond deposited in the Redemption Fund, along with any other funds on hand in
the debt service fund established pursuant to the Prior Resolution, will be sufficient to prepay all
of the principal of and redemption premium (if any) on the Refunded Bonds.
5.03. Redemption; Date of Redemption; Notice of Call for Redemption. The Prior
Bonds maturing on February 1, 2016 and February 1, 2017 will be redeemed and prepaid on
February 1, 2015. The Refunded Bonds will be redeemed and prepaid in accordance with their
terms and in accordance with the terms and conditions set forth in the form of Notice of Call for
Redemption attached hereto as EXHIBIT C, which terms and conditions are hereby approved and
incorporated herein by reference. The registrar for the Prior Bonds is authorized and directed to
send a copy of the Notice of Redemption to each registered holder of the Refunded Bonds at least
thirty days prior to the Redemption Date.
Section 6. Authentication of Transcript.
6.01. City Proceedings and Records. The officers of the City are authorized and directed
to prepare and furnish to the Purchaser and to the attorneys approving the Bond, certified copies of
proceedings and records of the City relating to the Bond and to the financial condition and affairs of
the City, and such other certificates, affidavits and transcripts as may be required to show the facts
within their knowledge or as shown by the books and records in their custody and under their
control, relating to the validity and marketability of the Bond, and such instruments, including any
heretofore furnished, will be deemed representations of the City as to the facts stated therein.
Agenda Page 18
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 8
6.02. No Official Statement or Prospectus. It is determined that no official statement or
prospectus has been prepared or circulated by the City in connection with the sale of the Bond
and that the Purchaser has made its own investigations concerning the City as set forth in an
investment letter of even date, receipt of which is hereby acknowledged.
Section 7. Tax Covenant.
7.01. Tax-Exempt Bond. The City covenants and agrees with the holders from time to
time of the Bond that it will not take or permit to be taken by any of its officers, employees or
agents any action which would cause the interest on the Bond to become subject to taxation under
the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations
promulgated thereunder, in effect at the time of such actions, and that it will take or cause its
officers, employees or agents to take, all affirmative action within its power that may be necessary
to ensure that such interest will not become subject to taxation under the Code and applicable
Treasury Regulations, as presently existing or as hereafter amended and made applicable to the
Bond.
7.02. No Rebate Required. For purposes of qualifying for the small issuer exception to
the federal arbitrage rebate requirements, the City hereby finds, determines, and declares that the
aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City
(and all subordinate entities of the City) during the calendar year in which the Bonds are issued and
outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of
Section 148(f)(4)(D) of the Code.
7.03. Not a Private Activity Bond. The City further covenants not to use the proceeds
of the Bond or to cause or permit them or any of them to be used, in such a manner as to cause
the Bond to be a “private activity bond” within the meaning of Sections 103 and 141 through 150
of the Code.
7.04. Qualified Tax-Exempt Obligations. In order to qualify the Bond as a “qualified
tax-exempt obligation” within the meaning of Section 265(b)(3) of the Code, the City makes the
following factual statements and representations:
(a) the Bond is not a “private activity bond” as defined in Section 141 of the
Code;
(b) the City designates the Bond as a “qualified tax-exempt obligation” for
purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than
private activity bonds that are not qualified 501(c)(3) bonds which will be issued by the City
(and all subordinate entities of the City) during calendar year 2014 will not exceed
$10,000,000; and
Agenda Page 19
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 9
(d) not more than $10,000,000 of obligations issued by the City during calendar
year 2014 have been designated for purposes of Section 265(b)(3) of the Code.
7.05. Procedural Requirements. The City will use its best efforts to comply with any
federal procedural requirements which may apply in order to effectuate the designations made by
this section.
Section 9. Continuing Disclosure.
9.01. No Requirement of Continuing Disclosure. Participating underwriters need not
comply with the continuing disclosure requirements of Rule 15c2-12 promulgated by the
Securities and Exchange Commission under the Securities Exchange Act of 1934 (the “Rule”),
because the offering is being sold (i) to investors in a single unit of $655,000 and (ii) to no more
than 35 sophisticated investors, and is therefore exempt under the Rule. Consequently, the City
will not enter into any undertaking to provide continuing disclosure of any kind with respect to
the Bond.
Section 10. Defeasance. When the Bond has been discharged as provided in this
section, all pledges, covenants and other rights granted by this resolution to holders of the Bond
will cease, except that the pledge of the full faith and credit of the City for the prompt and full
payment of the principal of and interest on the Bond will remain in full force and effect. The
City may discharge the Bond on any date by depositing with the Registrar on or before that date a
sum sufficient for the payment thereof in full. If the Bond should not be paid when due, it may
nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment
thereof in full with interest accrued to the date of such deposit.
The motion for the adoption of the foregoing resolution was duly seconded by Member
_______, and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Agenda Page 20
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62
STATE OF MINNESOTA )
)
COUNTY OF WRIGHT ) SS.
)
CITY OF ALBERTVILLE )
I, the undersigned, being the duly qualified and acting Administrator of the City of
Albertville, Wright County, Minnesota, do hereby certify that I have carefully compared the
attached and foregoing extract of minutes of a regular meeting of the City Council of the City held
on October 6, 2014 with the original minutes on file in my office and the extract is a full, true and
correct copy of the minutes insofar as they relate to the issuance and sale of the $655,000 General
Obligation Improvement Refunding Bond, Series 2014A of the City.
WITNESS My hand officially as such Administrator and the corporate seal of the City this
______ day of October, 2014.
City Administrator
Albertville, Minnesota
(SEAL)
Agenda Page 21
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62
STATE OF MINNESOTA COUNTY AUDITOR’S
CERTIFICATE AS TO
COUNTY OF WRIGHT TAX LEVY AND
REGISTRATION
I, the undersigned County Auditor of Wright County, Minnesota, hereby certify that a
resolution adopted by the City Council of the City of Albertville, Minnesota, on October 6, 2014,
levying taxes for the payment of its $655,000 General Obligation Improvement Refunding Bond,
Series 2014A, dated as of date of delivery, has been filed in my office and said obligation has
been registered on the register of obligations in my office and that such tax has been levied as
required by law.
I further certify that the tax levies for the General Obligation Improvement Bonds, Series
2007A have been reduced to the extent set forth in the resolution.
WITNESS My hand and official seal this _____ day of October, 2014.
County Auditor
Wright County, Minnesota
(SEAL)
Deputy
Agenda Page 22
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 A-1
EXHIBIT A
FORM OF BOND
No. R-1 UNITED STATES OF AMERICA $655,000
STATE OF MINNESOTA
COUNTY OF WRIGHT
CITY OF ALBERTVILLE
GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 2014A
Rate
Maturity
Date of
Original Issue
1.00% February 1, 2017 November 6, 2014
Registered Owner: Financial Security Bank
The City of Albertville, Minnesota, a duly organized and existing municipal corporation in
Wright County, Minnesota (the “City”), acknowledges itself to be indebted and for value received
hereby promises to pay to Financial Security Bank, Albertville, Minnesota, or registered assigns,
the principal sum of $655,000 on the maturity date specified above, with interest thereon from the
date hereof at the annual rate specified above, payable February 1 and August 1 in each year,
commencing August 1, 2015, to the person in whose name this Bond is registered at the close of
business on the fifteenth day (whether or not a business day) of the immediately preceding month.
The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in
lawful money of the United States of America by check or draft by Northland Trust Services, Inc.,
Minneapolis, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or
its designated successor under the Resolution described herein. For the prompt and full payment of
such principal and interest as the same respectively become due, the full faith and credit and taxing
powers of the City have been and are hereby irrevocably pledged.
The Bond maturing on February 1, 2017, shall hereinafter be referred to as the “Term
Bond.” The Term Bond is subject to mandatory sinking fund redemption and shall be redeemed in
part by lot at par plus accrued interest on the sinking fund installment dates and in the principal
amounts as follows:
Agenda Page 23
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 A-2
Sinking Fund Installation Date Principal Amount
February 1, 2017 Term Bond
2016 $329,000
2017 (maturity) 326,000
The specific Term Bond to be redeemed will be selected by lot by the Registrar. All
prepayments will be at a price of par plus accrued interest.
This Bond is one of an issue in the aggregate principal amount of $655,000 all of like
original issue date and tenor, except as to number and redemption privilege, all issued pursuant to a
resolution adopted by the City Council on October 6, 2014 (the “Resolution”), for the purpose of
providing money to refund the 2016 and 2017 maturities of the City’s General Obligation
Improvement Bonds, Series 2007A, pursuant to and in full conformity with the Constitution and
laws of the State of Minnesota, including Minnesota Statutes, Chapter 475 and the principal hereof
and interest hereon are payable, in part from special assessments levied against property specially
benefited by local improvements, and in part from ad valorem taxes for the City’s share of the cost
of the improvements, as set forth in the Resolution to which reference is made for a full statement
of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged
for payment of this Bond and the City Council has obligated itself to levy additional ad valorem
taxes on all taxable property in the City in the event of any deficiency in net revenues, special
assessments and taxes pledged, which taxes may be levied without limitation as to rate or amount.
The City Council has designated this issue as a “qualified tax-exempt obligation” within the
meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”)
relating to disallowance of interest expense for financial institutions and within the $10 million
limit allowed by the Code for the calendar year of issue.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond
is transferable upon the books of the City at the principal office of the Registrar, by the registered
owner hereof in person or by the owner’s attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to the Registrar, duly executed by the
registered owner or the owner’s attorney; and may also be surrendered in exchange for a Bond of
other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or
Bonds to be issued in the name of the transferee or registered owner, of the same aggregate
principal amount, bearing interest at the same rate and maturing on the same date, subject to
reimbursement for any tax, fee or governmental charge required to be paid with respect to such
transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar will be affected
by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to
Agenda Page 24
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 A-3
make it a valid and binding general obligation of the City in accordance with its terms, have been
done, do exist, have happened and have been performed as so required, and that the issuance of this
Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation
of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the
Registrar by manual signature of one of its authorized representatives.
Agenda Page 25
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 A-4
IN WITNESS WHEREOF, the City of Albertville, Wright County, Minnesota, by its City
Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of
the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth
below.
Dated: November 6, 2014
CITY OF ALBERTVILLE,
MINNESOTA
City Administrator Mayor
_________________________________
CERTIFICATE OF AUTHENTICATION
This is one of the Certificates delivered pursuant to the Resolution mentioned within.
NORTHLAND TRUST SERVICES, INC.
By
Authorized Representative
_________________________________
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Certificate, will be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants in common UNIF GIFT MIN ACT
_________ Custodian _________
(Cust) (Minor)
TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors
Act, State of _______________
JT TEN -- as joint tenants with right of
survivorship and not as tenants in common
Additional abbreviations may also be used though not in the above list.
Agenda Page 26
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 A-5
________________________________________
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
________________________________________ the within Certificate and all rights thereunder, and
does hereby irrevocably constitute and appoint _________________________ attorney to transfer the
said Certificate on the books kept for registration of the within Certificate, with full power of substitution
in the premises.
Dated:_____________________________ ___________________________________
Notice: The assignor’s signature to this assignment must correspond with the name as it
appears upon the face of the within Certificate in every particular, without
alteration or any change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities
Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the
New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature
guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STAMP,
SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended.
The Registrar will not effect transfer of this Certificate unless the information concerning the
assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this
Certificate is held by joint account.)
Please insert social security or
other identifying number of assignee
____________________________________
Agenda Page 27
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 A-6
________________________________________
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Certificate has been registered on the
books of the Registrar in the name of the person last noted below.
Date of Registration
Registered Owner
Signature of
Officer of Registrar
Financial Security Bank
Federal ID #_______
Agenda Page 28
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 B-1
EXHIBIT B
TAX LEVY SCHEDULE
YEAR * TAX LEVY
2015
2016
* Year tax levy collected.
Agenda Page 29
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 C-1
EXHIBIT C
NOTICE OF CALL FOR REDEMPTION
CITY OF ALBERTVILLE, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS
SERIES 2007A
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Albertville,
Wright County, Minnesota (the “City”), there have been called for redemption and prepayment on
February 1, 2015
certain maturities of the bonds of the City designated as General Obligation Improvement Bonds,
Series 2007A, dated as of August 1, 2007, having stated maturity dates of February 1 in the years
2016 and 2017, both inclusive, totaling $645,000 in principal amount, and with the following
CUSIP numbers:
Year of Maturity Amount CUSIP Number
2016 $320,000 013212 MH5
2017 325,000 013212 MJ1
The bonds are being called at a price of par plus accrued interest to February 1, 2015, on
which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment at the main office of Northland Trust
Services, Inc., 45 South Seventh Street, Suite 2000, Minneapolis, Minnesota 55402, on or before
February 1, 2015.
Important Notice: In compliance with the Economic Growth and Tax Relief
Reconciliation Act of 2003, the City is required to withhold a specified percentage of the
principal amount of the redemption price payable to the holder of any Bonds subject to
redemption and prepayment on the Redemption Date, unless the City is provided with the Social
Security Number or Federal Employer Identification Number of the holder, properly certified.
Submission of a fully executed Request for Taxpayer Identification Number and Certification,
Form W-9, will satisfy the requirements of this paragraph.
Dated: _______, 2014.
BY ORDER OF THE CITY COUNCIL
OF THE CITY OF ALBERTVILLE,
MINNESOTA
By: /s/ Kimberly Olson
City Clerk
Agenda Page 30
City of Albertville
Resolution No. 2014-031
450510v1 MNI AL141-62 C-2
City of Albertville, Minnesota
Agenda Page 31
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2014-032
A RESOLUTION ADOPTING INCREASE IN DEBT SERVICE LEVIES
WHEREAS, the City Council is the official governing body of the City of Albertville;
and,
WHEREAS, the City Financial Staff has advised the City Council that the amount of
money available in the City’s Debt Service Funds for the General Obligation Bond accounts,
including interest earnings or other income, will not be sufficient principal and interest due on
the following bonds during the duration of the terms until maturity,
Bond Issue Original 2015 Levy Future Levy
GO Imp. Bond 2008B $69,300 See Attached Schedule
WHEREAS, the City is authorized, pursuant to the provisions of the respective Bond
Resolution, and the Minnesota Statutes, Section 475.61, to direct the City Clerk of the City to
certify to the County that sufficient funds are available to pay principle and interest due on the
bonds for each year until the term of the bond is completed and matured and to request that the
County increase the levy for payable 2015 and the future years with respect to the Bonds.
Adopted by the Albertville City Council this 6th day of October, 2014.
________________________________
Jillian Hendrickson, Mayor
Attest:
_________________________________
Kimberly A. Olson, City Clerk
Agenda Page 32
Levy Year/Payable Year2014/2015 2015/2016 2016/2017 2017/2018 2018/2019 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028 2028/2029 2029/2030 2030/2031 2031/2032354 1999 Public Facility Lease 2008B80,800$ 78,721$ 76,642$ 357 2003 GO Improvement Bonds 2011B275,948$ 273,743$ 276,677$ 273,963$ 2012A CSAH 19/Lachman/Industrial167,318$ 167,318$ 167,318$ 167,318$ 167,318$167,318$167,318$167,318$358 2004 Lease Revenue Bond 2011 C103,449$ 100,824$ 103,449$ 100,651$ 102,762$ 99,147$ 100,499$ 101,486$ 102,092$ 102,302$ 359 2005 CH Lease Revenue Bond 2012B262,452$ 266,085$ 263,959$ 261,478$ 263,775$ 265,403$ 261,208$ 261,770$ 261,980$ 261,699$ 261,043$ 468I-94 PFA60,000$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ Annual Debt Service Levy (Taxes)949,967$ 946,691$ 948,045$ 863,410$ 593,855$ 591,868$ 589,025$ 590,574$ 424,072$ 424,001$ 321,043$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ 60,000$ Linda/MyDocuments/Budgets/2005BudgetBond Levy Requirments2014 resolution.xlsRevised: 10/1/2014Agenda Page 33
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2014\100614\Guardian Angels RCA (LOC Reduct 1).doc
Meeting Date: October 6, 2014
October 2, 2014
SUBJECT: CONSENT – GUARDIAN ANGELS - LETTER OF CREDIT REDUCTION NO. 1
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider
approval of the following motion:
MOTION TO: Accept the municipal improvements and to reduce Letter of Credit No.
163905277 held as security for the Guardian Angels development to no less than $31,200,
conditioned on any outstanding balances owed to the City being paid in full.
INFORMATION: The Letter of Credit is held as performance and warranty security for the
municipal improvements and landscaping improvements and is currently in the amount of
$261,350.
Assuming Guardian Angels is current with all fees owed to the City, and based on completed
work, it is recommended that the letter of credit be reduced to no less than $31,200. The reduced
balance is believed to be sufficient surety and is consistent with the development agreement. It
is also recommended that municipal improvements, as required by the development agreement,
be accepted and the two-year warranty period commence.
KEY ISSUES:
• Current amount of LOC is $261,350 and it is recommended that it be reduced to $31,200.
• Recommendation is consistent with agreements and approvals.
• The 2-year warranty period for the municipal improvements will begin upon acceptance.
POLICY CONSIDERATIONS: It is City policy to have all letter of credit reductions
approved by the City Council
FINANCIAL CONSIDERATIONS: There are no financial implications for this request
LEGAL CONSIDERATIONS: The City has the legal authority under the Development
Agreement to reduce the letter of credit upon completion of the required improvements or deny
requests for reduction if the required improvements are found unacceptable.
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: None
Agenda Page 34
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2014-033
A RESOLUTION APPOINTING ADDITIONAL
ELECTION JUDGES FOR THE 2014 GENERAL ELECTION
WHEREAS, the City Council is required by Minnesota State Statute 204B.21, Section 2,
to officially approve the appointment of election judges; and
WHEREAS, the Albertville City Council hereby adopts the judges listed on Exhibit A,
hereto attached, as addition Official 2014 Election Judges for the November 6, 2012 General
Election, with the understanding that amendments may be necessary to the appointments in order
to fill vacancies and meet party balance requirements, and
NOW, THEREFORE, BE IT RESOLVED, the City Council appoints the following
individuals as additional Official Election Judges for the 2014 General Election at a rate
depending on qualifications:
o Jane Arnoldy
o Janet Kimbler
o Noelle Teresa Vogt
Adopted by the City Council of the City of Albertville this 6th day of October, 2014.
Jillian Hendrickson, Mayor
Attest:
Kimberly A. Olson, City Clerk
Agenda Page 35
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
DRAFT 10/1/14
ORDINANCE NO. 2014-_____
AN ORDINANCE AMENDING CHAPTER 7, SIGN REGULATIONS OF THE
ALBERTVILLE CITY CODE PERTAINING TO SECTION 10-7-2 DEFINITIONS OF
ADJACENT AREA AND SECTION 10-7-6 ADVERTISING DEVICES
SECTION 1. Chapter 7, Section 10-7-2 Definitions of the Albertville Sign Code is hereby
amended to read as follows:
Adjacent Area: For the purpose of Section 10-7-6 of this Ordinance, adjacent area shall be
defined as a strip of land that is immediately adjacent and parallel to Interstate 94 through
Albertville and meets both of the following criteria:
1. The adjacent area shall only include land parcels or lots that directly abut the Interstate 94
right-of-way, or City-owned right-of-way intended for future interstate access
improvements, otherwise known as CSAH 19/Interstate 94 and CSAH 37/Interstate 94
interchange improvements. Parcels that do not directly abut the aforementioned rights-
of-way are not within the adjacent area.
2. The adjacent area shall be limited to a strip of land four hundred feet (400’) in width
measured from the midpoint of the center median between the opposing traffic lanes of
Interstate 94 and extending out either sides of Interstate 94 (see graphic below).
SECTION 2. Chapter 7, Section10-7-6.A.1 Advertising Devices is hereby amended to read as
follows:
Deleted: A strip of land one hundred feet (100’) in
width immediately adjacent to and along and parallel
to the right-of-way, except for off-ramps, takeoff
ditches, or similar areas where the area shall be
measured form the prolongation of the normal right-
of-way.
Agenda Page 36
City of Albertville
County of Wright
Ordinance No. 2014 - ___
Advertising Devices
Page 2
10-7-6: ADVERTISING DEVICES:
A. General Standards: Advertising devices shall comply with the standards in this
subsection:
1. Advertising devices shall only be allowed within the adjacent area, as defined in
Section10-7-2 of this Chapter.
SECTION 3. Chapter 7, Section 10-7-6.A. General Standards is hereby amended to add the
following language:
10. Applicants requesting approval of a sign permit to erect an advertising device on
parcels or lots that are abutting City-owned right-of-way intended for future
interstate access improvements, shall provide written acknowledgement that
future construction of CSAH 19/Interstate 94 and CSAH 37/Interstate 94
interchange improvements may impact the visibility of the proposed device/sign.
The written acknowledgement shall include the applicant waiving any rights to
claim damages resulting from such improvements for the privilege of installing
the sign prior to the completion of these future public improvements. Absent the
receipt of this acknowledgement and waiver, the City will find this application to
be premature and the permit will be denied.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this ____ day of ___________ 2014.
__________________________
Jillian Hendrickson, Mayor
Attest:
___________________________
Kimberly A. Olson, City Clerk
Deleted: one hundred feet (100’)
Deleted: , on either side of Interstate 94,
according to this subsection.
Agenda Page 37
Agenda Page 38
Mayor and Council Communication
M:\Public Data\City Council\Council Packet information\2014\100614\2014-10-02 City Center Smartphone App.doc
Meeting Date: October 6, 2014
October 2, 2014
SUBJECT: CITY CLERK – CITY CENTER SMARTPHONE APP
No action is required at this time unless desired otherwise by the City Council.
BACKGROUND: Recently, staff met with representatives from City Center, a Minnesota-
based technology company, to possibly have a City of Albertville Smartphone App created. The
app would allow city-wide communications to all users, notification of City events, all-inclusive
Community calendars including City, school, and non-profit events, e-notification of City issues
and service requests, identification and advertisement of nearby local businesses, school alerts,
an electronic new resident kit, and GPS location-based communications. The app would be
created using custom design and branding for the City of Albertville and the app would be free
of charge for users. City Center would silicate local businesses to enter into advertising
agreements for a fee.
KEY ISSUES:
• City Center proposes to use the City of Albertville as a pilot city to launch this
Smartphone app. City Center would waive the creation fee of $3,600 if the City agrees
to participate as a pilot city.
• In return, the City would be required to advertise the app on all digital signs, newsletter,
utility bills, website and social media, and City buildings (using window clings).
• The City would also be required to send a letter of introduction to all businesses and
speak to other cities regarding City of Albertville’s experience with the app.
• Additional features that can be added to the app could include photo sharing, rating
experiences on Facebook, aggregate GPS data reports, and location-based advertising
devices to increase awareness of local businesses.
• The monthly fee for local businesses would be $49 per month.
• The City would have no monthly fees or upgrade charges.
• An account manager will be assigned to oversee the app and City staff would be needed
for initial setup design and City notifications/calendar events.
• The contract is for one year and will automatically renew, unless a sixty (60) day notice
of termination is given by either party.
• City Center would like to enter into an agreement as soon as possible in order to go live
with the app on December 1, 2014 before the holiday season.
• City Center representatives will be present at the October 6, 2014 City Council meeting
to present the app.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the
authority to enter into any agreement at any time.
Agenda Page 39
Mayor and Council Communication – October 2, 2014
City Center Smartphone App Page 2 of 2
M:\Public Data\City Council\Council Packet information\2014\100614\2014-10-02 City Center Smartphone App.doc
Meeting Date: October 6, 2014
LEGAL CONSIDERATIONS: If the Council would like to pursue the app, the attached
agreement and letter of intent will need to be reviewed by the City Attorney.
FINANCIAL CONSIDERATIONS: There are no upfront or monthly costs to the City, if the
City enters into the agreement to be a pilot city for the Smartphone app.
Responsible Person - Department: Kimberly A. Olson, City Clerk
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: City Center Presentation
Letter of Intent from City Center
City Center Agreement & Exhibit
Agenda Page 40
The simplest, fastest and most effective tool to facilitate
increased citizen engagement without the hassle.
Agenda Page 41
Benefits all stakeholders, the City, Residents,
Schools, Non-profits, Businesses, and the Chamber
•Custom Design and fully branded for your City
•Promote everything happening in your city and connect to your
residents in a meaningful way
•Feature rich design encourages residents to keep the app on their
phone and use it
•Keeps visitors in your city and shopping locally
•Advertising network only for businesses within your city
•We pick up the hard work for you
•A simple, very affordable model for your city
Your City’s very own Smart Phone App
Agenda Page 42
Promote everything that makes your city great!
•Promote your city events
•Sponsored Ads from the city and local businesses
•Rotating ads from local businesses
•Color coded by City, Business, Non-profit, School, etc.
•Administered by CITYCENTER, and/or your city if desired
First Complete Event Calendar
Agenda Page 43
Increase resident engagement!
•Notification types determined by your city can include:
–Graffiti
–Pot holes
–Traffic signal outage
–Lawn violations
–Water restrictions
–Suspicious activity
–Vandalism
•Residents submit notification
•Notification can include photo
•Location is determined by GPS
•Submitter ID received for follow up
Notify City
Agenda Page 44
Increase resident engagement!
•School event calendar based on school
•School alerts based on school
•Public alert system
•Snooze button
•Event ticket purchase
•Event ticket redemption
•City Photoshare
•Nearby Hot Button
•New Resident Welcome Kit
Additional features
Agenda Page 45
GPS location-based communication
•GPS based hot spot virtual billboards
•Parking Ramp info
•Road Closures
•Park Features
•Anything else you can think of...
Additional features
Agenda Page 46
A practical example “A family barbecue”
Agenda Page 47
A practical example “A family barbecue”
Agenda Page 48
Focus budgets with actionable GPS data
•How many residents utilize your parks?
•Which parks are used most and/or least?
•What do people think of your parks?
•How many people visit your city?
•What do visitors do in your city?
•How long do visitors stay in your city?
•And more...
CITYCENTER Reporting
Agenda Page 49
An engaged resident is a happy resident
•Find local government contact information
•Current news from local leadership
•Report issues quickly and easily
•Find local businesses by category
•Identify nearby businesses
•Access Local business web pages
•Receive specials from local businesses
•Receive their choice of instant notifications
•New resident information
The whole city in their hands
Agenda Page 50
Residents promote amenities via two-way
GPS location-based communication
•With your 11 neighborhood parks we can help!
•Give park information upon arrival
•Give notices throughout the day
•Promote future park events
•Residents promote your parks worldwide through social media
Give your parks the publicity they deserve
Agenda Page 51
How do they promote your parks worldwide?
•When leaving they are asked a simple question
–Please rate your experience at Central Park today...
–Poor – Fair – Fun - Fantastic
•Asked for permission to post on Facebook
•Automatically posts a predetermined statement on Facebook
•If their experience isn’t positive, DON’T WORRY!
LOTSoLIKES connects comments to Facebook!
Agenda Page 52
Not just parks, they promote all city amenities!
•Community Center
•Public Pool
•Public Beaches
•Library
•Meeting and Event Facilities
•Sporting Venues (Ball fields, soccer fields, ice arena, etc.)
•Senior Center
•Everything that makes your city great!
LOTSoLIKES connects comments to Facebook!
Agenda Page 53
Maximize your RPV (Revenue per Visit)
•Local events
•Local shopping
•Local dining
•Local accommodations
•Local historical sites
•Story of your city
•Upcoming events
Help your visitors discover your city!
With all of this information at their fingertips, your
visitors will have no reason to leave!
Agenda Page 54
Well promoted and successful businesses will draw
more businesses to your city
•Businesses subscribe to app
•Just $49/Platform Creation and $49/mo. (Never increases)
•Each subscribing business receives:
–Custom business page
–Full listing of business offerings
–Product photos
–Event calendar listings
–Contact information
–Active links to website/ordering
–Window clings
•Local business search
•Listings based on map selection
•Plus...
Nearby Local Business Solutions
Agenda Page 55
Turn your city into a high tech marketplace!
•Included in their monthly subscription is a beacon location-based
advertising device
•Mounts near the door
•Broadcasts from 3 inches to 80 feet
•Increase awareness of their business
Beacon location-based advertising
Agenda Page 56
Helping businesses promote themselves, helps
promote your city, too!
•Sponsored ad opportunities within the app
•LOTSoLIKES Viral Marketing for social media promotion on
Facebook
•Low investment, high functionality websites
Optional business add-ons
Agenda Page 57
No hassle, no fuss!
•Our one-time platform creation process customizes the features for
your city. We keep the entire process simple and painless.
•Our GOLIVE Team will meet with every local business to
demonstrate how they can be involved and insure your city receives
top quality service.
•Our CITYCENTER Community Representative will be located in
your community to work with city officials, local businesses, non-
profits, local government, schools and more to insure the most
current and accurate information.
We do the heavy lifting for you!
Agenda Page 58
Benefits all stakeholders, the City, Residents,
Schools, Non-profits, Businesses, and the Chamber
•Custom Design and fully branded for your City
•Promote everything happening in your city and connect to your
residents in a meaningful way
•Feature rich design encourages residents to keep the app on their
phone and use it
•Keeps visitors in your city and shopping locally
•Advertising network only for businesses within your city
•We pick up the hard work for you
•A simple, very affordable model for your city
Your City’s very own Smart Phone App
Agenda Page 59
Promote your city app by leveraging your current
resident communication vehicles
•Website
•Social media
•Print newsletters
•Electronic marquee
•Utility bills
•Community Education Catalogs
•Public meetings
•Window clings at all public facilities (at our expense)
You are already doing your part!
Send a letter of introduction to every business in town
Agenda Page 60
Questions?
Agenda Page 61
A solution you love, an investment you can afford
•You have approximately 7,230 residents
•One-time Platform Creation of $500 per 1,000 residents
•Your total investment is $3,600
•That’s it, no recurring monthly fees or upgrade charges
Simple CPM model for the City of Albertville
No hidden charges for training or upgrades
Agenda Page 62
City of Albertville’s special Pilot City Offer
This is a special discount for Albertville because we’d like
you to be our Pilot City
City of Albertville, MN
7,230 Residents
Normally $500 per
1,000 Residents
Pilot City Offer
$0 per 1,000 residents
One-Time Platform Creation $3,600 WAIVED
$0
Agenda Page 63
City of Albertville’s special Founding City Offer
This is a special discount for Albertville because we’d like
you to be one of our Founding Cities
•The City of Albertville will allow CITYCENTER Marketing
Solutions to feature and promote their success in trade publications,
newsletters and marketing materials
•Albertville will allow other cities to call them and discuss how they
manage their City App Strategy
•A letter of intent is signed by the end of day 9/26/2014
In consideration for this special discount we have a few
minor considerations required
City of Albertville, MN
7,230 Residents
Normally $500 per
1,000 Residents
Pilot City Offer
$0 per 1,000 residents
One-Time Platform Creation $3,600 WAIVED
$0
Agenda Page 64
October 2, 2014
CITYCENTER Marketing Solutions, L.L.C.
Minneapolis, MN
I Adam Nafstad under signed, as City Administrator of the City of Albertville hereby confirm
with full legal responsibility and under penalty of perjury that we are ready, willing and able to
enter into a contract for the purchase of the CITYCENTER Smartphone App as specified below
and that funding is available.
1. Smartphone App on Android and IOS Platform to respective app stores, delivered by
CITYCENTER Marketing Solutions, L.L.C.
2. As a Founding City, the one-time platform creation fee of $3,600.00 payable to
CITYCENTER Marketing Solutions, L.L.C. will be waived provided that the City of
Albertville performs all responsibilities under #2 and #3 found below.
3. City of Albertville will provide a letter of introduction to all local businesses.
4. City of Albertville will provide advertising of the CITY OF ALBERTVILLE APP in all of
their future communication with local businesses and residents including, but not limited to:
1. City Digital Signs
2. City Marquees
3. Newsletters
4. Utility Billings
5. Local Newspaper
6. City Council Meetings
7. Cable Access Channels
5. CITYCENTER Marketing Solutions, L.L.C. will provide City Account Manager that will
manage CITY App administration, event calendar and local business updates.
6. CITYCENTER Marketing Solutions, L.L.C. will provide Community Representatives to
meet with local businesses to review their options for their business listing.
We understand that the final contract will be drafted and emailed to us for final review and
signature.
Signature: ____________________________
Printed Name: Adam Nafstad
Title: City Administrator
Date: ______________________
Signature: ____________________________
Printed Name: Nick Rogosienski
Title: Consultant Regional Development
Date: ______________________
Agenda Page 65
CITYCENTER Smartphone App Subscription Agreement
This Contract for Smartphone App Development (“Contract”) is made effective as of October
____, 2014, by and between City of Albertville ("City") of 5959 Main Avenue NE, Albertville,
Minnesota 55301, and CITYCENTER Marketing Solutions, L.L.C. ("CITYCENTER") of 4218
Valley View Road, Edina, Minnesota 55424.
The City hereby agrees to and does hereby engage the subscription services of
CITYCENTER, and CITYCENTER hereby accepts the engagement to deploy and manage a
smartphone application (“Smartphone App”) as detailed in this Contract.
1. DESCRIPTION OF SERVICES. Beginning on October _____, 2014, CITYCENTER
will provide to the City the following smartphone app subscription and the right to use the
Smartphone App throughout the term of this Contract (collectively, the "Services"):
- Customized version of our CITYCENTER Smartphone App. This app will include, but
not be limited to City Info, GPS/Location-based marketing platform, local business search,
resident alert system, local advertising network, local event calendar, city issue
notification, virtual hot spot marketing, location based alerts, social media login.
- City of Albertville government information will be entered into the CITYCENTER
Smartphone App. This information will be available to other App users to access. This
information will include local city information, contact information, department contact
information. Additional information will include and is not limited to: parks, schools,
sport groups, non-profits.
- CITYCENTER will manage event calendars, app content and deployment of the app.
2. FEE. The fee for these Subscription Services is $3,600.00. This fee is a one-time
platform creation fee. CITYCENTER agrees to waive this fee in exchange for the
following:
a. the City agrees to allow CITYCENTER to feature and promote the Services as
provided to the City in trade publications, articles, newsletters and marketing
materials; provided however, the City shall have final approval of all such
materials. CITYCENTER shall provide all such materials to the City for review
at least thirty days prior to use. The City shall approve or reject the materials in
writing within 15 days of receipt. If the City does not respond within the
permitted time, the materials will be presumed approved; and
b. the City will accept inquiries from other municipalities to discuss how the City
manages its City App strategy.
c. City of Albertville grants CITYCENTER permission to use the name “City of
Albertville” as the name of the smartphone app in the Apple and Android App
Agenda Page 66
Stores. City also grants permission for CITYCENTER to reference the app as the
“Official Smartphone App for the City of Albertville”.
3. APP DELIVERY. The Smartphone App will be made available to the City by
December 1, 2014.
4. APP MARKETING. The City will publicize the Smartphone App through existing
channels that interface with the public. The channels which the City shall include but are not
limited to: city limit signage, utility billings, newsletters, digital signage, city council
meetings, notices to residents, city website, city blog, city staff email signatures and
community education catalogs. The City will also provide and mail an introduction letter to
local businesses introducing the new Smartphone App and CITYCENTER.
5. APP CONTROL. CITYCENTER shall maintain control of the CITYCENTER
Smartphone App. The City will maintain control over all city related data. This data
includes information about: City contacts, departments, parks, city blog, city news page. All
other data used in the CITYCENTER app is provided by other app subscribers and such data
will belong to those entities. The City will maintain control over the graphics and verbiage
relevant to the City’s representation in the CITYCENTER app.
6. COLLECTED USER DATA. Personal user information will never be provided to a
government agency, private company, private individual or any other entity unless it is
to comply with a request made by an app user to complete a function or service
provided by the app Please see data privacy policy. Exhibit A.
7. TERM. This Contract shall become effective as of the date set forth above and shall
continue for one year thereafter, and automatically renew from year to year after expiration
of said one year period except that this Contract may be terminated at any time and for any
reason with sixty days prior written notice from either party.
8. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries,
inventions, patents, products, or other information (collectively the "Work Product")
developed in whole or in part by CITYCENTER in connection with the Services will be the
exclusive property of CITYCENTER.
9. STANDARD OF CARE. CITYCENTER shall exercise the same degree of care, skill
and diligence in the performance of its services as is ordinarily exercised by members of the
profession under similar circumstances in Scott County, Minnesota. CITYCENTER shall
put forth reasonable efforts to complete its duties in a timely manner. CITYCENTER shall
not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Contract.
10.INDEMNIFICATION. CITYCENTER will defend and indemnify City, its officers,
agents, and employees and hold them harmless from and against all judgments, claims,
damages, costs and expenses, including a reasonable amount as and for its attorney’s fees
paid, incurred or for which it may be liable resulting from any breach of this Contract by
Agenda Page 67
CITYCENTER, its agents, contractors and employees, including but not limited to breach of
the Standard of Care, or any negligent or intentional act or omission performed, taken or not
performed or taken by CITYCENTER, its agents, contractors and employees, relative to this
Contract.
11.DEFAULT. The occurrence of any of the following by either party shall constitute a
default (“Default”) under this Contract:
a. The failure of either party to perform any provision, term or condition of this
Contract (including without limitation the failure to make a monetary payment
when due);
b. The insolvency or bankruptcy of either party; and/or
c. The subjection of any of either party's property to any levy, seizure, general
assignment for the benefit of creditors, application or sale for or by any creditor or
government agency.
12.REMEDIES. If a party Defaults under this Contract the other party may terminate the
Contract by providing written notice to the defaulting party. This notice shall describe in
detail the nature of the Default. The party receiving such notice shall have 60 days from
the effective date of such notice to cure the Default(s). Unless waived by a party
providing notice, the failure to cure the Default(s) within such time period shall result in
the automatic termination of this Contract.
13.TERMINATION OF APP. Upon termination of this Contract for any reason,
CITYCENTER shall immediately terminate all use and availability of the Smartphone
App and shall immediately remove all reference to the City from all advertising and
promotional materials.
14. FORCE MAJEURE. If performance of this Contract or any obligation under this
Contract is prevented, restricted, or interfered with by causes beyond either party's
reasonable control ("Force Majeure"), and if the party unable to carry out its obligations
gives the other party prompt written notice of such event, then the obligations of the
party invoking this provision shall be suspended to the extent necessary by such event.
The term Force Majeure shall include, without limitation, acts of God, fire, explosion,
vandalism, storm or other similar occurrence, orders or acts of military or civil authority,
or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work
stoppages, or other labor disputes. The excused party shall use reasonable efforts under
the circumstances to avoid or remove such causes of non-performance and shall proceed
to perform with reasonable dispatch whenever such causes are removed or ceased. An act
or omission shall be deemed within the reasonable control of a party if committed,
omitted, or caused by such party, or its employees, officers, agents, or affiliates.
15.INDEPENDENT CONTRACTOR. At all times and for all purposes herein,
CITYCENTER is an independent contractor and not an employee of the City. No
Agenda Page 68
statement herein shall be construed so as to find CITYCENTER an employee of the
City.
16.SUBCONTRACT OR ASSIGNMENT. CITYCENTER shall not assign this Contract,
or any interest arising herein, without the prior written consent of the City.
17.COMPLIANCE WITH LAWS AND REGULATIONS. CITYCENTER is
responsible for knowing of and abiding by all statutes, ordinances, rules and regulations
pertaining to the type of services provided pursuant to this Contract.
18.CONFLICTS. No salaried officer or employee of the City and no member of the
Council, or Commission, or Board of the City shall have a financial interest, direct or
indirect, in this Contract. The violation of this provision renders the contract void. Any
federal regulations and applicable state statutes shall not be violated.
19.MEDIATION. Each dispute, claim or controversy arising from or related to this
Contract shall be subject to mediation as a condition precedent to initiating arbitration or
legal or equitable actions by either party. Unless the parties agree otherwise, the
mediation shall be in accordance with the Commercial Mediation Procedures of the
American Arbitration Association then currently in effect. A request for mediation shall
be filed in writing with the American Arbitration Association and the other party. No
arbitration or legal or equitable action may be instituted for a period of 90 days from the
filing of the request for mediation unless a longer period of time is provided by
agreement of the parties. Cost of mediation shall be shared equally between the parties.
Mediation shall be held in the City of Albertville unless another location is mutually
agreed upon by the parties. The parties shall memorialize any agreement resulting from
the mediation in a mediated settlement agreement, which agreement shall be enforceable
as a settlement in any court having jurisdiction thereof.
20.ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties,
and there are no other promises or conditions in any other agreement whether oral or
written concerning the subject matter of this Contract. This Contract supersedes any prior
written or oral agreements between the parties.
21.SEVERABILITY. If any provision of this Contract is held to be invalid or
unenforceable for any reason, the remaining provisions will continue to be valid and
enforceable. If a court finds that any provision of this Contract is invalid or
unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision will be deemed to be written, construed, and enforced as
so limited.
22.AMENDMENT. This Contract may be modified or amended in writing, if the writing is
signed by both parties.
23. GOVERNING LAW. This Contract shall be construed in accordance with the laws of
the State of Minnesota.
Agenda Page 69
24.NOTICE. Any notice or communication required or permitted under this Contract shall
be sufficiently given if delivered in person or by certified mail, return receipt requested,
to the address set forth in the opening paragraph or to such other address as one party
may have furnished to the other in writing. Notices shall be deemed effective on the date
of receipt. Any party may change its address for the service of notice by giving written
notice of such change to the other party, in any manner above specified, 10 days prior to
the effective date of such change.
25.WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any
provision of this Contract shall not be construed as a waiver or limitation of that party's
right to subsequently enforce and compel strict compliance with every provision of this
Contract.
In witness whereof, the parties have entered into this Contract on the date first written above.
Remainder of this page intentionally left blank. Signature pages to follow.
Agenda Page 70
CITY OF Albertville
__________________________________
Jillian Hendrickson, Mayor
___________________________________
Adam Nafstad, City Administrator
CITYCENTER MARKETING SOLUTIONS, L.L.C.
________________________________
Daniel P. Evans President & CEO
Agenda Page 71
EXHIBIT A
Privacy Policy
Read This Privacy Statement Before Accessing the CITYCENTER Smartphone App.
Effective Date: This Privacy Statement was last updated on September 12, 2014.
1. Acknowledgement and Acceptance of Terms
CITYCENTER Marketing Solutions, L.L.C. ("CITYCENTER") is deeply committed to
protecting your privacy. This Privacy Statement (the "Privacy Statement") sets forth
our current privacy practices with regard to the information we collect when you or
your smartphone interacts with our app. By accessing CITYCENTER, you acknowledge
and fully understand the Privacy Statement and freely consent to the information
collection and use practices described in this Privacy Statement.
2. Information We Collect and How We Use It
CITYCENTER collects certain information from and about its users in four ways: (i)
directly from our App Server logs, (ii) our mobile application platform, (iii) the user,
and (iv) Device Technologies (such as GPS, accelerometer, etc…)
A App Server Logs When you visit our app or use our service through our mobile
application platform, we may track information to administer the site and
analyze its usage, improve our site and services we offer, or fulfill the purpose
of your interaction with CITYCENTER (e.g. reporting an issue submitted by you
to the appropriate public sector agency). Examples of information we may
track include:
• Your Internet protocol address.
• Your mobile device platform.
• Your mobile device type.
• Your mobile device operating system.
• Your mobile device id.
• The kind of mobile platform and/or device you use.
• Your current location or user defined location.
• Number of links you click within the app.
• City, state or country from which you accessed the app.
• Date and time of your visit.
• Name of your Internet service provider.
• Pages you viewed in the app.
B Personal Information Uses Personal user information will never be provided to
a government agency, private company, private individual or any other entity
unless it is to comply with a request made by an app user to complete a
function or service provided by the app. Visitors to our app or users of our
mobile applications can register with us to become members of CITYCENTER.
When you register, we will request some personal information such as name,
address, email, telephone number and other relevant information or you can
Agenda Page 72
choose to create your account using any of the social media logins currently
available. If you are purchasing a service, we may request financial
information. Any financial information we collect is used only to bill you for the
services you purchased. If you purchase by credit card, this information may be
forwarded to your credit card provider. You may also be asked to disclose
personal information to us so that we can provide assistance and information to
you, or obtain assistance and information for you from one of our public sector,
educational sector or other partners (“Partners”).
Other personal information will only be displayed to the public if you so
choose. Email addresses (and first/last names) are used for the purpose of
sending notifications/correspondence related to the service. A member's email
address is not shared or displayed to people in the app. In addition, because
elected officials and public agencies will often not accept correspondence from
anonymous sources, if you choose to send a letter, email or facsimile using
CITYCENTER services to an elected official, government officer or agency, your
name, address and other relevant information may be included.
Because the CITYCENTER services are primarily focused on obtaining a Partner
response to a question, concern or issue you submit, we may share your
personal information such as your name, email, telephone number and location
with such Partners to obtain the response, information, or action you
requested. In each case, CITYCENTER only shares such information insofar as it
is necessary or appropriate to fulfill the purpose of your interaction with
CITYCENTER (e.g. reporting an issue submitted by you to the appropriate
municipal agency). Users always have the option to refuse to supply personally
identifying information; however, this may prevent them from engaging in
certain CITYCENTER-related activities and services.
We may share aggregated demographic information about our member base
with other entities, such as advertisers. This information does not identify
individual users. We do not link aggregate user data with personally
identifiable information. Other than the sharing of personally identifiable
information described in the preceding paragraph, we may share personally
identifiable information with third-party vendors and partners only in those
situations where you have given us prior, specific permission to do so. Other
than described above, any personal information you provide to us will not be
given or sold to third parties, except in those situations where we are required
to do so by law or if we have a good faith belief that disclosure is necessary to
(1) comply with the law or with legal process served on us; (2) protect and
defend our rights or property; or (3) act in an emergency to protect someone's
safety.
3. Participating Merchant Policies
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Agenda Page 73
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Agenda Page 74
Mayor and Council Communication
M:\Public Data\City Council\Council Packet information\2014\100614\2014-10-06 STMA YHA Lawful Gambling Premises Permit.doc
Meeting Date: October 6, 2014
October 2, 2014
SUBJECT: CITY CLERK – LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR STMA
YOUTH HOCKEY ASSOCIATION FOR WILLY MCCOYS, 5651 LACENTRE AVENUE NE
BACKGROUND: The STMA Youth Hockey Association has submitted an application for a
Lawful Gambling Premises Permit for Willy McCoys, located at 5651 LaCentre Avenue NE for
pull-tabs, bar bingo, and paddlewheel. Currently, the Albertville Lions Club holds the premises
permit for that location, but has since received a notice of lease termination from Willy McCoys.
KEY ISSUES:
• A resolution to approve the Lawful Gambling Premises Permit for the STMA Youth
Hockey Association is attached. The resolution will need to be approved contingent
upon receipt of 1) license fee of $100, 2) background investigation including
“authorization to review bank records and an itemization of net profits of the previous
year”, 3) a copy of the gambling manager fidelity bond, and 4) an affidavit that
accounting and administrative control measures have not changed in the last year or an
updated copy of the control measures.
• Currently, the STMA Youth Hockey Association has Lawful Gambling Permits at 152
Club, Inc. and Neighbor’s Saloon and Eatery.
• Lawful Gambling Premises Permits are perpetual, requiring no renewals once issued.
• Establishments can allow more than one charitable gambling organization to operate out
of their premises, so long as total lease income from all parties does not exceed $1,750.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the
authority to either approve or deny any gambling license application received by the City.
FINANCIAL CONSIDERATIONS: Each applicant for a Lawful Gambling Premises Permit
shall pay a license fee of $100.00 to the City.
Responsible Person - Department: Kimberly A. Olson, City Clerk
Submitted Through: Adam Nafstad, City Administrator – PWD
Attachments: Lawful Gambling Premises Permit Applications LG214 & LG215
Resolution
Agenda Page 75
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01
STMA YOUTH HOCKEY ASSOCIATION 03888
JOSH OPIOLA (612) 203-9423
DANA BERG (612) 940-9773
WILLY MCCOY'S
PUBHOUSE 19 MAJOR'S
5651 LA CENTRE AVE
ALBERTVILLE WRIGHT 55301
✔
✔
✔
HIGHLAND BANK 7026951
701 CENTRAL AVE NE ST. MICHAEL 55376
6000 LABEAUX AVE NE ALBERTVILLE 55301
Agenda Page 76
Agenda Page 77
MINNESOTA LAWFUL GAMBLING
LLG215 Lease for Lawful Gambling Activity Revised 11/12 Page 1 of 2
Organization Address License/site number Daytime phone
Name of leased premises Street address City State
MN
Zip Daytime phone
Name of legal owner Business/street address City State Zip Daytime phone
Name of lessor [if same as
legal owner, write in “SAME”
Check applicable item:
1. New lease. Do not submit existing lease with amended changes.
_________Date that the changes will be effective. Submit changes at least 10 days before the effective date of the change.
2. New owner. Effective date _____________ Submit new lease within 10 days after new lessor assumes ownership.
Check all activity that will be conducted (No lease required for raffles)
Pull-tabs [paper]
Pull-tabs [paper] with dispensing device
Bar bingo Bingo
Tipboards
Paddlewheel Paddlewheel with table
Electronic pull-tabs [must also sell paper pull-tabs]
Linked electronic bingo
Electronic games may only be conducted at:
(1) a premises licensed for the on-sale or off-sale of intoxicating liquor or 3.2 percent
malt beverages [but does not include a general food store or drug store permitted to sell
alcoholic beverages under Minn. Stat. 340A.405, subdivision 1]; or
(2) a premises where bingo is conducted as the primary business and has a seating
capacity of at least 100.
PULL-TAB, TIPBOARD, AND PADDLEWHEEL RENT
Separate rent for booth and bar ops.
BOOTH OPERATION - Some or all sales of gambling equipment are conducted by an employee/volunteer of a
licensed organization at the leased premises.
ALL GAMES, including electronic games - Monthly rent to be paid, ___%, not to exceed 10% of gross profits for that month.
xTotal rent paid from all organizations for only booth operations at the leased premises may not exceed $1,750.
xThe rent cap does not include BAR OPERATION rent for electronic games conducted by the lessor.
BAR OPERATION - All sales of gambling equipment conducted by the lessor or lessor’s employee.
ELECTRONIC GAMES - Monthly rent to be paid, _____%, not to exceed 15% of the gross profits for that month from
electronic pull-tab games and electronic linked bingo games.
ALL OTHER GAMES - Monthly rent to be paid, ____ %, not to exceed 20% of gross profits from all other forms of lawful gambling.
xIf any booth sales conducted by a licensed organization at the premises rent may not exceed 10% of gross profits for
that month and is subject to booth operation $1750 cap.
BINGO RENT for leased premises where bingo is the primary business conducted, such as bingo hall.
Bingo rent is limited to one of the following:
xRent to be paid, ______ %, not to exceed 10% of the monthly gross profit from all lawful gambling activities held during
bingo occasions, excluding bar bingo.
- OR -
xRate to be paid $ _______ per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as
approved by the director of the Gambling Control Board. The lessor must attach documentation, verified by the organization,
to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor.
○ Rent may not be paid for bar bingo.
○ Bar bingo does not include bingo games linked to other permitted premises.
LEASE TERMINATION CLAUSE. Must be completed.
The lease may be terminated by either party with a written _______ day notice.
Other terms _________________________________________________________________________________________________
___________________________________________________________________________________________________________
STMA YOUTH HOCKEY ASSOCIATION PO BOX 134 03888 (612) 940-9773
WILLY MCCOY'S 5651 LA CENTRE AVE ALBERTVILLE 55301 (763) 515-3600
MCKINLEY INC PO BOX 3125 ANN ARBOR MI 48106 (734) 769-8520
TRACY DEQUATTRO - WILLY MCCOY'S OF ALBERTVILLE LLC 13821 REDWOOD ST NW ANDOVER MN 55304 (763) 717-8916
✔
11/01/2014
✔
✔
✔
10
30
Agenda Page 78
LLG215 Lease for Lawful Gambling Activity Revised 11/12 Page 2 of 2
Lease Term - The term of this agreement will be concurrent with the
premises permit issued by the Gambling Control Board (Board).
Management - The owner of the premises or the lessor will not
manage the conduct of lawful gambling at the premises.
The organization may not conduct any activity on behalf of the lessor
on the leased premises.
Participation as Players Prohibited - The lessor will not
participate directly or indirectly as a player in any lawful gambling
conducted on the premises. The lessor's immediate family and any
agents or gambling employees of the lessor will not participate as
players in the conduct of lawful gambling on the premises, except
as authorized by Minnesota Statutes 349.181.
Illegal Gambling - The lessor is aware of the prohibition against
illegal gambling in Minnesota Statutes 609.75, and the penalties for
illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3.
In addition, the Board may authorize the organization to withhold
rent for a period of up to 90 days if the Board determines that
illegal gambling occurred on the premises or that the lessor or its
employees participated in the illegal gambling or knew of the
gambling and did not take prompt action to stop the gambling.
Continued tenancy of the organization is authorized without payment
of rent during the time period determined by the Board for violations
of this provision, as authorized by Minnesota Statutes 349.18,
Subdivision 1(a).
To the best of the lessor's knowledge, the lessor affirms that any
and all games or devices located on the premises are not being used,
and are not capable of being used, in a manner that violates the
prohibitions against illegal gambling in Minnesota Statutes 609.75.
Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an
organization must continue making rent payments under the terms
of this lease, if the organization or its agents are found to be solely
responsible for any illegal gambling, conducted at this site, that is
prohibited by Minnesota Rules 7861.0260, Subpart 1, item H or
Minnesota Statutes 609.75, unless the organization's agents
responsible for the illegal gambling activity are also agents or
employees of the lessor.
The lessor must not modify or terminate the lease in whole or in
part because the organization reported, to a state or local law
enforcement authority or the Board, the conduct of illegal gambling
activity at this site in which the organization did not participate.
Other Prohibitions - The lessor will not impose restrictions
on the organization with respect to providers (distributor or
linked bingo game provider) of gambling-related equipment
and services or in the use of net profits for lawful purposes.
The lessor, the lessor's immediate family, any person residing
in the same residence as the lessor, and any agents or
employees of the lessor will not require the organization to
perform any action that would violate statute or rule. The
lessor must not modify or terminate this lease in whole or in
part due to the lessor's violation of this provision. If there is
a dispute as to whether a violation occurred, the lease will
remain in effect pending a final determination by the
Compliance Review Group (CRG) of the Gambling Control
Board. The lessor agrees to arbitration when a violation of
this provision is alleged. The arbitrator shall be the CRG.
Access to permitted premises -Consent is given to the
Board and its agents, the commissioners of revenue and public
safety and their agents, and law enforcement personnel to
enter and inspect the permitted premises at any reasonable
time during the business hours of the lessor. The organization
has access to the premises during any time reasonable and
when necessary for the conduct of lawful gambling.
Lessor records -The lessor must maintain a record of all
money received from the organization, and make the record
available to the Board and its agents, and the commissioners
of revenue and public safety and their agents upon demand.
The record must be maintained for 3-1/2 years.
Rent all-inclusive - Amounts paid as rent by the organization
to the lessor are all-inclusive. No other services or expenses
provided or contracted by the lessor may be paid by the
organization, including but not limited to:
- trash removal - janitorial and cleaning services
- electricity, heat - other utilities or services
- snow removal - lawn services
- storage - security, security monitoring
- cost of any communication network or service required to
conduct electronic pull-tabs games or electronic bingo
- in the case of bar operations, cash shortages.
Any other expenditures made by an organization that is related
to a leased premises must be approved by the director of the
Gambling Control Board. Rent payments may not be made to
an individual.
Acknowledgment of Lease Terms
I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and
agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board.
Other terms of the lease
_______________________________________________________________________________________________
_______________________________________________________________________________________________
__________________________________________________________________________________________________________
___________________________________________________________________________________________________________
Print name and title of lessor Print name and title of lessee
_______________________________________________________________________________________________
Signature of lessor Date Signature of organization official [lessee] Date
Questions? Contact the Licensing Section, Gambling Control Board, at . This publication will be made available in
alternative format (i.e. large print, Braille) upon request. Data privacy notice: The information requested on this form and
any attachments will become public information when received by the Board, and will be used to determine your compliance with
Minnesota statutes and rules governing lawful gambling activities.
THOMAS DEQUATTRO, OWNER
DANA LEE BERG, GAMBLING MANAGER
09/30/201409/30/2014
Agenda Page 79
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2014--034
A RESOLUTION APPROVING A NEW LAWFUL GAMBLING
PREMISES PERMIT FOR THE STMA YOUTH HOCKEY ASSOCIATION AT
WILLY MCCOYS, LOCATED AT 5651 LACENTRE AVENUE NE
WHEREAS, the STMA Youth Hockey Association has submitted an application
for a new Minnesota LG214 Lawful Gambling Premises Permit for Willy McCoys,
located at 5651 LaCentre Avenue NE, Albertville, Minnesota; and,
WHEREAS, the City Council is required to review the application and grant
approval prior to submittal of the application to the Minnesota Gambling Control Board;
and,
WHEREAS, the City Council reviewed the submitted application at a public
meeting conducted on October 6, 2014; and,
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of
Albertville hereby approves the application for a new gambling license for the STMA
Youth Hockey Association at Willy McCoys, located at 5651 LaCentre Avenue NE,
Albertville, MN.
Adopted by the City Council of the City of Albertville this 6th day of October, 2014.
______________________________
Jillian Hendrickson, Mayor
Attest:
______________________________
Kimberly A. Olson, City Clerk
Agenda Page 80
City Administrator’s Update
October 02, 2014
GENERAL ADMINISTRATION
Billboard Notice of Appeal: A draft ordinance amendment will be presented at Monday’s
meeting and will be reviewed by the Planning Commission at their October meeting.
Planning Commission Vacancy: We are currently advertizing the position and have received
one letter of interest to date. We will bring all letters of interest to Council at the first meeting
in November. Staff’s goal is to have the position filled by November’s Planning Commission
meeting.
2014 Election: Several dozen absentee ballots have been sent out so far. REMINDERS: The last
day to pre-register to vote is October 14; after this date, voters must register at the poles or at
the time of absentee voting. November 3 is the last day to vote absentee.
Fire Department: The Chief and Hiring Committee are working to finalize a job description for
the full-time Fire Chief position. The description will be presented to the Fire Committee at
their October 15 meeting.
Engel Haus: The facility has received their CO and is expected to open for business on October
1. Guardian Angels still has openings and is taking applications. Staff was invited to the first
Engel Haus Board Meeting and was able to tour the facility.
ENGINEERING/PUBLIC WORKS
Private Utility Lease: Staff has been contacted by a private utility company, Arvig Network
Services, who would like to lease a very small area on the City’s Public Works property adjacent
to 63rd Street NE. The utility company is in need of a space to set a small utility building. Staff is
researching locations and potential lease rates and will discuss with Council.
FEMA and Homeland Security Funding: Due to the extreme whether earlier this summer,
Wright County received a Presidential Disaster Declaration. Staff is working with FEMA and
HSME to determine if Albertville is eligible for funding through the Public Assistance Program
and/or Hazard Mitigation Grant Program.
Hunters Park: The Hunters Pass HOA has requested that the City take over maintenance of the
park and sidewalks within the development. Staff is reviewing the request and will prepare a
resolution for Council consideration.
CSAH 37 and 19 Intersection: The County will be doing some pavement maintenance work the
week of October 8 to address the rutting of the pavement on all four (4) legs of the
Agenda Page 81
City Administrator’s Update Page 2 of 2 October 2, 2014
intersection. Given the high traffic levels at the intersection, the County is planning on having
the work done at night.
Prairie Run Lots: The development plans have been finalized and the Purchase Agreement is
being circulated for signatures.
Barthel Industrial Drive NE and 54th Street NE Drainage: Pipe work is underway and is
approximately halfway complete. We have run into a conflict with overhead and underground
utility wires and are working with utility companies on relocation. The needed relocations will
ultimately cause delays, but we are working with the contractor to modify some sequencing to
keep the project moving along.
Agenda Page 82