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1988-06-06 CC Agenda/PacketCITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, , AINNESOTA 55301 PHONE: (612) 497-3384 COUNCIL AGENDA JUNE 6, 1988 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA * III. APPROVAL OF THE COUNCIL MINUTES IV. COMMUNITY FORUM * 7:05 Brad Farnham -- Advance Refunding • Tax Increment Financing Guidelines 7:30 Joint Public Hearing on the Pouliot Lot Subdivision Joint Public- Hearing on the Savitski Subdivision has been cancelled 7:45 Lisa and Bill Valerius--Request for Public Hearing on Lot Subdivision 8:00 John Darkenwald and George Yankoupe -- Sign Discussion * Ditch Outlet 8:15 Ken Suckett--Lion's Club Beer License --Building Fund 8:30 Joint Power's Update -- Approval of Resolutions pertaining to the WAC Fees V. DEPARTMENT BUSINESS a. MAINTENANCE - Project Updates - Clarification of Summer Helper Make our City ........ Your City We invite Home, Industry, Business COUNCIL AGENDA PAGE Z b. LEGAL - SAC/WAC Resolution - Other Business C. ENGINEERING * - LaTour Construction Contract —Possible Expenditures of the $25,000.00 T.I.F. Bond Proceeds - PPM Water Problem - Other Business d. ADMINISTRATION * - Income Received and Bills to be Paid - Grinding Stump for Gary Barthel - St. Albert's Bingo License - Junk Cars * - Park Board Minutes - Other Business VI. MEMBER'S REPORT a. Donatus Vetach--Recycling b. Loretta Roden --Approval of Writing Checks. for the Albertville Friendly City Days VII. OTHER- BUSINESS -. - Sheriff's Report VIII. MOTION TO ADJOURN CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 00UNCIL MEETING MINUTES JUNE 6, 1988 The regular meeting of the Albertville City Council was called to order by Mayor Loretta Roden. Council members present included Bob Bran, Don Cornelius, Donatus Vetsch and Gary Schwenzfeier. Clthers present included Maureen Andrews, Brad Farnham, Thore Meyer, Ken Lindsay and Lorie Villareal. The agenda for the evening's meeting was reviewed by the Council. Donatus Vetsch made a motion to approve the agenda and Ikm Cornelius seconded it. All were in favor and the motion carried. The minutes of the May 16th Council meeting were reviewed. Don Cornelius made a motion to approve the minutes. Bob Braun seconded this motion. All were in favor and the motion carried. Brad Farnham next presented to the Council some background information regarding the issue of the City doing an advance refunding of some existing bonds. Before he went into detail on the possible candidates for the refinancing, he gave a brief background of what is entailed in undertaking a financing of this type. Brad explained to the Council that an advance refunding is much like the refinancing of a mortgage on a home when interest rates are down, substantially enough to create a cost savings large enough to justify the expenses incurred in the refinancing. Brad stated that in the erase of advanced refuriding, the bonds being refinanced need to show a reduction in the the debt service and/or reduce the total life of the bond. In an effort for the Council to better understand how the new bond would be structured, Brad demonstrated on the blackboard what happens to the existing bonds when the new issue is completed and how this results in a long term cost saving to the City. Make our City........ Your Ciiv We invite Home, Industry, Business COUNCIL MINUTES PAGE 2 ((BOND A + BOND B + BOND C) = ESCROW ACCOUNT) = NEW BOND (funds are generated from the proceeds of the new bond sale) ----------------------CALL DATE (at this time the balance ----------------- is applied to the original bond and the debt is gone) $0.00 $0.00 $0.00 * $0.00 NEW BALANCE * Brad pointed out that if at the time the earlier bonds are paid off there is any surplus in the escrow account that these funds are applied to the new bond to the payment of debt service. The question was raised why the City would get involved with an advance refunding and Brad explained that even though the long term savings generated from the reduction in debt service charges is the most common reason a City would enter into this financing, he pointed out that another advantage is that even if the City holds the original debt (held in the escrow fund) that this debt is no longer technically a debt of the City and does not show up in the local records, therefore reducing the City"s obligation of debt, thus lowering the City`s exposure to risk. Brad went on to discuss the actual bonds that had been determined to be candidates for refunding. The three bonds include the G.O. IMPROVEMENT BOND--82, G.O. SEWER BONDS--84, and G.O. REVENUE CLINIC BOND--82. It was explained that these three bonds were found to be candidates because of high interest rates and the fact that they are relatively new bonds. It was pointed out that if these bonds were refunded, the new bond would generate a net annual reduction of $266,894.79 over the old bond payment schedule. Other issues discussed included items such as Escrow Verification, Government Sureties replacing the non -rated bonds (that is the bonds being refunded), what types of issuance costs were involved in this type of transaction, and what interest rates need to be tca generate enough savings to justify the costs involved in the transaction. The Council was informed that Juran and Moody would like to watch the interest rates to see if they are stabilizing before they start the transaction. Brad said that he would like to see Refunding done with another bond sale if possible so that the City would not have to pay issuance cost on mare than one bond. The minutes should note that this advance refunding came CDUNCIL MINUTES PAGE 3 up just as the bond for the 1988 improvements went to Bond Council prior to sale and it was decided that the City could not delay the sale in order to get the next transaction into place because the City needs the money to pay the contractors. There was discussion regarding whether or riot the City wanted to have a public sale or a negotiated sale. Brad stated that it was his preference that, when working with new clients, to sell bonds at a public sale until there is a long term relationship established, but said that if interest rates began to move away (move upward) that the City would have an opportunity to sell the bonds through a negotiated sale. A question was asked regarding when and why a bond would be negotiated instead of selling at a public sale. Brad informed the Council that if a bond is less than $1.2 million dollars, that a sale can be negotiated. He then went on to explain that the advantage of selling the bond through a negotiated sale is that there is no need to advertise the sale so that if need be, the sale can be done in hours. The Council agreed that the Advanced Refunding makes sense and the City would be wise to consider it. There was no other discussion at this time so it was agreed that Brad would watch the interest rates and would generate a new schedule for the next Council meeting. It was agreed that if other action needed to be taken prior to that, a special meeting would be called. At this time the Public Hearing for the Pouliot Lot Subdivision was called to order on a motion made by Don Cornelius and a second by Bob Braun. All were in favor and the motion married. Because there was not anyone present for the hearing it was agreed to complete the discussion with Brad so that he could leave before the hearing proceeded. So the Public Hearing was tabled until after the fiscal discussion was completed. The next issue discussed by the Council was the City`s TAX INCREMENT GUIDELINES which Maureen and Brad had been directed to prepare for the Councils review. Brad briefly reviewed with the Council what had been included in the guidelines and the initial deposit that staff was recommending that the Council adopt. As discussed in earlier work meetings the City is establishing these guidelines as a support tool for determining whether or not a project qualifies for tax increment financing. The Council discussed the merit of the initial deposit. It was questioned whether or not this fee would discourage the development that the City is working at attracting and it was pointed out that the deposit fee tends to weed out the not so serious developer who is just "shopping" for the best deal. It was also pointed out that local government does riot work for free and the general tax payer should riot have to share the burden of development, that is, the rest of attorneys, consultants and staff time which should, in fact, be born by the project. 9XWIL MINUTES PAGE 4 Staff informed the Council that they were recommending that the initial deposit be in the amount of $5000,00 which would accompany the Preliminary Agreement form submitted to the City Administrator. This amount when compared to the size of the bond issued for Tax Increment Financing is minor, considering that a bond typically runs between $200,000.00 and 300,00.00. If, in the event that a proposal would not be undertaken, any unexpended moneys would be returned to the developer. There was no other discussion regarding the guidelines. A motion to approve the TAX INCREMENT GUIDELINES was made by wary Schwenzfeier and seconded by Don Cornelius. All were in favor and the motion carried. Brad next briefly updated the Council on the upcoming bond sale. He informed them that Bond Counsel was reviewing the information and that the Official Statements were being prepared. He thanked the Council and said he would see them in two weeks at the time of the bond sale. The Council next reconvened the public hearing on the Pouliot Variance and waiver of Subdivision regulations. Maureen Andrews then read the Public Notice on the Joint Planning Commission and City Council public hearing. The members of the Planning Commission and Council were informed that the lot under discussion was a long narrow lot which had originally been platted under the old requirements of a 50 foot frontage instead of the required 90 feet which is now the norm. It was explained that at the time the Psyk's 4th Addition was platted and the improvements were installed and the effected properties were assessed that the City agreed to allow the subdivision of the Pouliot lot through a variance of the Zoning Ordinance, at which time the City would activate the Deferred Assessments. The reason that the subdivision regn-alations are being waived is that the area being subdivided is one lot in width and that a Certificate of Survey would serve the purpose needed. A motion was needed from the Planning Commission to recommend to the Cx-mancil that such action be taken. The Planning Commission on hearing staff recommendation made a motion to recommend to the Council that the variance and waiver of the subdivision ordinance be approved. Duane Sweep made the motion and Kevin Meal -house seconded it. All were in favor and the motion carried. On hearing the Planning Commission's recommendation, the City Council took action on the same. A motion from the Council was made by Don Cornelius and seconded by Gary Schwenzfeier to approve the Pouliot request. All were in favor and the motion carried. Bob Braun made a motion to adjourn the Public Hearing. Don Cornelius seconded thjA motion. All were in favor and the motion carried. The joint Public Hearing on the Savitski Lot Subdivision was cancelled, because the property owner has decided to delay the development of the property until next year. COUNCIL MINUTES PAGE 5 The Council next heard that a request from Lisa and Bill Valerius had been made to set a public hearing on lot subdivision. Don Cornelius made a motion to set a Public Hearing on the Valerius Lot Subdivision for July 5th at 7:30 p.m. Donatus Vetsch seconded this motion. All were in favor and the motion carried. John Darkenwald, George Yankoupe and Wally Odell were present to request from the Council that a variance for an on -premise sign which would allow the construction of a double faced sign advertising the Gardner Brothers homes be installed in WESTWIND. The sign will be 12 x 36 (the typical sign is 12 x 60) and will stand 30 feet high. It will be done in red letters and will say GARDNER BROS. HOMES FROM $69,900. The location will be on the berm being installed. The sign will be temporary in nature, with its duration being one year, with an option for renewal upon the request of the developer. Don Cornelius made a motion to allow the sign for one year with the option of renewal. Donatus Vetsch seconded this motion. All were in favor and the motion carried. Wally Odell brought to the Council s attention that there was some dissatisfaction with the amendment to the sign ordinance regarding pylon signs. It is the developers feeling that some of the language should be eliminated in the amendment or that an amendment to their Developer s Agreement be allowed. The developers feel that they had negotiated the Developers Agreement in good faith with the understanding that they would be allowed to install pylon signs in their commercial development. Mr. Odell reviewed facts about pylon signs from the Developer's Agreement and from the Albertville City Council meeting minutes of April 18, 1988. After some further discussion, it was agreed to get together with the Westwind people and discuss the amendment language. Thore Meyer updated the Council on County Ditch 09. The Council was informed that the County had a concern regarding the discharge of water from Phase I of the Westwind development into County Ditch #9. In reviewing the situation, the engineers have found that the drainage generated from Phase I will stop 1/3 mile from the ditch and will not impact the ditch at all. It is possible that Phase 2 and 3 may have some impact and will need to be dealt with at the time of development. John Darkenwald and George Yankoupe pointed out that it was their impression that the County does not want to clean County Ditch #9 but wants them to pay the fees associated with the discharge into the County Ditch. No action has been taken on this issue, but the Council will be kept informed to as to what jA finally agreed upon. COUNCIL MINUTES PAGE 6 The Albertville Lions are requesting a limited 3.2 beer license for Friendly City Days, June 17, 18 and 19. They have provided a copy of their dram shop insurance and their indemnification and hold harmless agreement. Gary Schwenzfeier made a motion and Bob Braun seconded it to allow the Lions to have a limited 3.2 beer license for Friendly City Days. All were in favor and the motion carried. The issue of the building find was tabled until the next meeting. Gary Schwenzfeier and Don Cornelius will be meeting with Maxine from the Joint Power's Board about the approval of resolutions pertaining to the WAC fees. Their comments will be available at the next meeting. The Council next heard from the Maintenance Department. Ken informed the Council that he did not attend the NU SURFACE School. on May 26th as he was too busy with other things. The dumping is still occurring on Beaudry`s property. The area is scheduled to be leveled off just prior to Friendly City Days. Dennis Fehn will be doing the work at $85.00 per hour. Once it is leveled off, the posts and cable will be put up and the "NO DUMPING ALLOWED" signs will be reposted. Kevin Zachman and LeRoy Berning of the Jaycees Snowmobile Club will be reinstalling the barricade that was removed during the season that the snowmobile trail was active. The grate on the catch basin down at the park near the volleyball court was broken, but on. It has now been repaired. The manhole on Large Avenue had just a little lip on it, not enough to damage any tires. It will be repaired by filling in with a little hot mix. Dennis Fehn went ahead on his own and barricaded off both ends of that portion of Barthel Industrial Drive that is not finished. The increasing amount of traffic through that area was causing problems as that road is not considered a driveable road since the work is not yet completed on it. The Barthel Construction sign on the corner of 54th Street and Main Avenue has now been repainted. The sign sits on the school property and it was felt that there should be some sort of agreement between Ken Barthel and the elementary school to allow the sign to sit on that location. It was brought to the Council "s attention that the Creamery Antiques sign and the 3-2-1- Video sign also sit on property other then their own. Doug Psyk's sign; is on his own property. It was the general consensus that if one sign was taken down, then all of the signs should be taken down. It was felt that all should be treated alike. O)UNCIL MINUTES PAGE 7 Ken brought up the fact that these signs have weeds growing up around them and it is difficult to mow around them in the sufferer or plow around them in the winter. It was felt that each sign owner should keep up the maintenance around their sign themselves. A job estimate was received from Dennis Fehn for the work that would have to be done on the street near the park by the railroad tracks. The Lion"s did gravel some of the area for parking but it is being torn up by semis and by the businesses located in that area. The estimate given was extremely expensive and the Council did not feel that the City could justify spending that kind of money to fix up property that belongs to the railroad. It was suggested that perhaps the area could finish being graveled and used for a parking area. Ken informed the Council that the old plant and lift station needs to be filled in. The old building will be tA-)m down and the tanks filled with sugar sand. Dennis Fehn bid the job at $3.50 a yard, delivered, for approximately 420 yards. The whole job will test between $1500 and $2014). Fehn will be flexible enough in order to keep the cost down and agreed that he may be way high on his estimate of 420 yards. The City will also have to get a loader (at $55.00 per hour) to do the work since our tractor is riot big enough. The PCA requires that the old plant be filled in. The cost will come out of the sewer fund. The money from the sale of the mower and the flight pumps will also be used to cover the costs. The next item discussed was that of the Wastewater Treatment Facility. Ken told the Council that the alum did not do its job. The results, after treating with 450 gallons of alum, were at 1.32 which did not meet limits. It was mentioned that some other towns in the area were experiencing the same kind of problem. Some reasons given for the unsatisfactory results were that the algae was too high, the weather conditions have had some effect, or that the alum was bad. (Feed -Rite says that alum doesn't go bad). Ken will treat with new alum on Tuesday (6-7-88) and discharge next week. Ken also commented that the ponds were down 4 to 6 inches with out any discharge due to evaporation. The issue of getting a summer helper is still being worked on. There is work that needs to be done for Friendly City Days and help is needed. The Council is meeting Tuesday night in the Fire Hall at 7:00 p.m. with Ken and Mike to try and settle the issue at hand. There Is the problem of an open ditch on the County right of way and 60th Street that needs tc, be looked into. There is still some concern about the 30 m.p.h. sign on 50th Street and the YIELD sign. Follow-up on these issues will be discussed at a later meeting. t,t)UNCIL MINUTES PAGE 8 The resolution pertaining to the City of Albertville's SAC/WAC charges will be approved at the next meeting. Thore Meyer brought to the Council's attention that there is a discrepancy in the Latour Construction contract. It seems that Mr. Latour made a minor error when bidding Class 5 gravel. He is making a request to the CcAAncil to change his bid to $1.00 more than what was originally bid, resulting in a $7,360 difference. Thore told the Council that unknowns during construction do, from time to time, occur and that there is contingency built into projects. Thore went on to explain that he had requested that LaTour brine his concern to the Couricil's attention by verifying his error in writing for the Council. There was some discussion concerning the fact that a situation like this doesn't usually happen and an error should be treated as an individual happening on its own merit. This waild be the least Mr. Latour would expect. It was decided to leave things the way they are and to wait and see how the project goes before making any decisions. The next item discussed was the possible expenditures of the $25,000.00 Tax Increment Financing Bond Proceeds. There was some discussion as to how the money was to be allocated, and that perhaps it would be necessary to go back into the original agreement of the bond issue. These proceeds must be spent on local project improvements. The two projects suggested were the PPM tie in with the water system at between $5000 and $10,000; or, to close in the ditch on Barthel Industrial Drive at between $20,000 and $25,000. There were no further comments so the issue was tabled until the next meeting. The PPM water issue was discussed next. Thore Meyer told the Council that PPM has two kinds of water - the normal cooling water and air conditioning water. The normal doling water is okay as far as the PCA is concerned. The air conditioning water, of which PPM is pumping 100 gallons per day, should not be going into the storm sewer. It must go into a drain field and then into a pond. The PCA has agreed to issue a permit if PPM takes care of that portion of adding chemicals to treat their drainage water. At this point, the City is riot free to act and the PCA could possibly shut PPM down if requests are not complied with. Ken brought to the Council's attention that the alarm system at the Wastewater Treatment Facility is now on line. He has tested it out and the system does,;work. COUNCIL MINUTES PAGE 9 The income received and the bills to be paid were reviewed by the Council. The Fehn Gravel bill was questioned and it was decided that the bill for the lime rock needed to go to the Park Board and the bill for the sand to the Jaycees. Hearing no other questions or comments, Don Cornelius made a motion and Gary Schwenzfeier seconded it to approve the bills. All were in favor and checks 8729 through 8780 were paid. The grinding stump for Gary Barthel was discussed. Mr. Barthel has two stumps that need to be ground out and since they are on the City's right of way, he wants to know if the City will pay for one stump removal and he will pay for the other. The Council decided that they would like a chance to look around the City before making any decisions. The issue was tabled until the next meet ing . The poplar trees by Mrs. Menzel"s property on 57th Street was also a topic of discussion. It was questioned whether they should just be topped or if they should be taken out completely. It was suggested that we check with NSP to see if they could do the work. No action was taken on the matter. St. Albert's Parish Center is requesting the approval of the waiver of a 30 day notice on their gambling license for bingo. Don Cornelius made a motion to waive the 30 day notice on the gambling license. Bob Braun seconded the motion. All were in favor and the motion carried. The matter of junk cars sitting on the property of several residents in the City was discussed briefly. This has been an area of concern for quite some time. It was decided that a survey should be made around the City and then a 5 day notice letter sent to those people who need to do something about cleaning up their property. The Park Board minutes were available in the Council packet for the Councils review. There was some discussion about having a garbage contract in the City. It is a matter that needs to get resolved, so a daytime meeting will be scheduled after Friendly City Days. Polka Dot recycling has decided to give Albertville another try for two months at Hackenmueller"s store. They will be there the first Tuesday of the months of July and August from 2 to 6 p.m. It was thought that flyers should be made up promoting the recycling program. An approval for writing checks for Albertville Friendly City Days was needed from the Council. Don Cornelius made a motion and Donatus Vetsch seconded i. to approve the writing of checks for Friendly City Days. All were in favor and the motion carried. COUNCIL MINUTES PAGE 10 The Sheriff's report was available for the Council"s review. There was some minor discussion about the City looking into getting a City owned cemetery. No action was taken on the matter. There was no other business or comments so a motion to adjourn was made by Gary Schwenzfeier and seconded by Don Cornelius to adjourn the meeting. All were in favor and the meeting adjourned. -WEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn. 55313 Phone 612 - 682 -1781 May 31, 1988 TO WHOM IT MAY CONCERN: The former Becker farm located in the southwest corner of County Roads 19 and 37, Albertville, Minnesota, is currently being developed into proposed single-family residential, multiple -family residential, and commercial properties, to be known as Westwind Development. Concerns have been expressed regarding the impact of this development upon County Ditch No. 9, as it currently exists within the city of Albertville, Minnesota. County Ditch No. 9 starts approximately i mile south of County Road #37 and approximately i mile west of County Road #19, and flows in a southerly direction. The existing conditions of County Ditch #9 are not conducive to a proper drainage flow. Stagnant water now stands approximately 2 feet deep in the upper reaches of the ditch. Obviously the lower reaches of County Ditch #9 and the outlet ditches (County Ditch #21 and Regal Creek) need cleaning to provide proper operation. Phase I of the Westwind Development includes 52 single-family residential lots and 4 multiple residential lots. The drainage of the multiple lots is to the north, away from County Ditch #9. The 52 single-family residential lots will drain to the south and outlet onto overland flow approximately one-third of a mile from the start of County Ditch #9. Considering the condition of the existing County Ditch #9, the long distance of overland flow at a very flat gradient and the restricted outlet of the Phase I drainage, we would expect no appreciable impact upon County Ditch #9. At the time of the development of Phases II and III (the single-family residential portion only), a detention pond can be constructed, if deemed necessary. The proposed multiple residential and commercial areas of Phase II and III are designed to flow to the north and not included in the County Ditch #9 watershed. Respectfully submitted, MEYER-ROHLIN, IN.C. lhhore Meyer , - sl cc: Darkenwald Real Estate City of Albertville ✓ Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor LATOUR CONSTRUCTION Rt. 1 Box 76 • Maple Lake, MN 55358 • 963-5993 May 19, 1988 To The City of Albertville, The Honorable Mayor & City Council This letter is in regards to the Albertville City Improvement Project 1988-3A in which my company was low bidder. I made a mistake in bidding the above referenced project in two different sections and it is on the Class 5 Aggregate. The first section is in the Westwind Development under Bid "F" Streets Item No. 1 Class 5 Aggregate 59260 C.Y. The second section is in the Brauns Phase I Development under Bid "J" Streets Item No. 1 Class 5 Aggregate 29100 C.Y. I had numerous quotes from many subcontractors on the above items. The low quote, which I had used to bid the project, was from Dennis Fehn. His quote to me was $6.28 per C.Y. Somehow I inadvertently transposed that figure on to my worksheet at $5.28 per C.Y. I took that transposed figure, added no profit and 2¢ for labor and bid this at $1.00 per C.Y. less than I have to pay for this work and material. I have notified your City Engineer,, namely Thore Meyer, who has been working on this project, about this error. I have given him copies of my documents substantiating this error. I am now requesting that the City Council see my plight and issue a change to increase the price of Class 5 by $1.00 per C.Y. on those two line items. I have enjoyed working in the City of Albertville on projects in the past and am looking forward to working with the City on this project. But please do not make me pay $1.00 per C.Y. more to the subcontractor than the City of Albertville pays my firm. Si LaTour nstruction MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25N., Buffalo, Minn.55313 Phone 612-682-1781 May 20, 1988 City of Albertville c/o Maureen Andrews, Administrator Box 131 Albertville, MN 55301 Re: 1988-3A Improvement Project Honorable Mayor & City Council: In reference to the enclosed letter from Latour Construction, dated May 19, 1988, we would like to make the following comments: 1. Ted Latour brought to my attention on Monday, May 16, the error he had made on the unit price for the Class 5 materials in Sub -bids "F" and "J". I suggested for him to submit a letter of explanation, with verifying information, to the City Council, through our office, for any consideration that may be given. 2. Our office has checked over Latour Is work sheets that were submitted as requested, and are quite satisfied that an error of $1.00 per yard for Class 5 gravel was made. 3. In examining the Latour bid, it becomes obvious that very little, if any, real profit was added to the project. This was evident in the extremely low bid received for the entire project. We would recommend, based on the error made, that an adjustment of $1.00 per yard for Class 5 material be made in bids "F" (5260 yds) and "J" (2100 yds), for a total adjustment of $7,360.00. Very truly yours, MEY;WROHLIN, INC. re M sl t File: E-8801-A, 8801-E, 8801-F Enclosures Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor INCOME RECEIVED JUNE 6, 1988 SEWER ACCOUNTS 570.00 ALVIN FARRIN - Building Permit 1,166.50 STEVE HOPKES - Dog Fines & Pickup 32.50 WRIGHT TITLE GUARANTEE CO. 10.00 NORTH STAR TITLE, INC. 10.00 TRI COUNTY ABSTRACT & TITLE 10.00 T-SIRT & CAP SALES - Park Board 340.50 MEINY'S DIGGERS, INC. 25.00 GARY MERGES - Park Rental, Softball Tournament 100.00 NORTH STAR TITLE, INC. 6,502.17 MATT STAHLMAN - Building Permit 33.50 WALDOR PUMP - Flight Pumps 1,000.00 NORTHERN STATES POWER CO. 229.38 REGISTERED CLOSERS 1,785.09 BARTHEL CONSTRUCTION, INC. 1,148.70 SHERBURNE COUNTY ABSTRACT CO. 10.00 TOTAL $12,973.34 BILLS TO BE PAID JUNE 6, 1988 WRIGHT COUNTY AUDITOR/TREASURER 1,779.38 MEYER-ROHLIN, INC. (1988-1A Improvement Project) 7,764.21 PERA PERA DON'S AUTO SERVICE BUFFALO BITUMINOUS, INC. (1986-1 Improvement KEN LINDSAY - Mileage G.D. LaPLANT SANITATION, INC. ALBERTVILLE AUTO PARTS, INC. FEED -RITE CONTROLS SIMONSON LUMBER DENNIS FEHN GRAVEL, INC. JIM FARRIS UNITED TELEPHONE SYSTEM H.G. WEBER OIL COMPANY CUSTOME CARPET CARE CROW RIVER NEWS (Buttons) GARY WICK (Ventriloquist) MINNEGASCO CHOUINARD'S MINNESOTA COPY SYSTEMS, INC. NSP MAUREEN ANDREWS KEN LINDSAY LORIE VILLAREAL MIKE MERGES AREA VOCATIONAL TECHNICAL INSTITUTE LUVERNE FIRE APPARATUS CO., INC. LORETTA RODEN BOB BRAUN DON CORNELIUS DONATUS VETSCH GARY SCHWENZFEIER DJ'S TOTAL HOME CARE CENTER MEYER-ROHLIN, INC. (1988-3A COMMICATION AUDITORS BRUCE HALL NELSON 9.00 146.44 305.97 Project)5,825.81 35.64 35.00 142.84 53.00 38.56 1,110.94 9.86 131.82 12.50 159.00 962.50 100.00 73.07 27.30 176.24 1,658.41 587.81 654.00 301.36 180.10 15.00 199.00 234.46 Improvement Project) 34,323.88 39.22 46.09 TOTAL $57,138.41 SEWER AC(XkWS JEFF VOGEL (BUILDING REGISTERED CLOSERS CHECK NO. 8999 ADDITIONAL INCOME RECEIVED SEPTEMBER 6, 1988 PERMIT) TC)TAL ADDITIONAL BILLS TO BE PAID SEPTEMBER 6, 1988 LATOUR CONSTRUCTION BUFFALO BI AIMINCKTS COMMUNICATION AUDITORS ROBERT L. MINKEMA MONTICELLO PRINTING NORTHERN OXYGEN SERVICE MAt1REEN ANDREWS (MILEAGE) IICiIV 97.10 55.10 7,118.33 $7,266.98 175,103.30 68,472.49 129.30 275.00 137.35 12.30 $244,129.74 R404-fteaw TO City Council City of Albertville DARRELL WOLFF Albertville, Minn. 55301 Wrh*t County Vwdtl BUFFALO, MINN. SM3 REGARDING: Monthly report DATE 5 18 88 Dear Council: Enclosed is your monthly report for April, 1988. A total of 90 hours were worked for the month. Your billing is as follows: April, 1988$1,779.38 DW:dl enc. t d Yours truly, Darrell Wolff Wright County Sheriff 4 RUN: 18-MAY-tI8 INSTALLATION NAME—WRIGHT CO. SHERIFF DEPT- PAGE 1 CFS14 JURIS: 21 * * * * * * r(IMARY ISN'S ONLY? NO E N F 0 R S HOW RECEIVED CODES: ALL ACTIVITY CODES: ALL CALLS FOR SERVICE INCIDENT SUMMARY BY ACTIVITY 04/01/88 THRU 04/30/88 ACTIVITY CODE/ PRI INCIDENT SE9 HOW TIME DATE PERSON/ EESCRIPTION GRID LOCATION APT OFF NUMBER NO. RECV RECV REPORTED BUSINESS NAME 09311 0 ALBERTVILLE VILL 297 88006012 01 P 1438 04/24/88 KRELLER, PETER FOUND PERSON M12 0 ALBERTVILLE VILL 294 8800`,,027 01 P 2043 04/08/88 HILGART, MELINDA FOUND ANIMAL 09600 0 ALBERTVILLE VILL 88006403 01 P 1857 04/30/88 MINNEAPOLIS STAR AND TRIBUNE FIRE CALL 09600 GRASS ALBERTVILLE VILL 98004979 01 P 0953 04/08/88 DJ'S PLUMBING AND HEATING FIRE CALL 09651 911 ALBERTVILLE VILL %005615 01 P 0013 04/18/88 RESSL.ER, CARL LIQUOR VIOLATION s5 0 ALBERTVILLE VILL 908 88005425 01 P 1430 04/15/88 VERONIKAS, MIC}iAE1 PHONE CALL 09731) 0 ALBERTVILLE VILL 88005488 01 P 09`.,0 04/16/88 HORTNESS BROS MEDICAL 09301 911 ALBERTVILLE VILL 276 SM102 01 P 2050 04/09/88 DOMESTIC 09M 0 ALBERTVILLE VILL 276 SWO4752 01 P 2106 04/04/88 ALTMAN, DUANE MOTORIST AID 09805 0 ALBERTVILLE VILL 277 88006347 01 P 0012 04/30/88 MARTIN, DAVID MOTORIST AID 09805 911 ALBERTVILLE VILL 295 88005517 01 P 1613 04/16/88 BOESHANS, SANDY MOTORIST AID 09807 0 ALBERTVILLE VILL 295 88006079 01 P 1707 04/25/88 WRIGHT COUNTY 1,3HERIFF'S DEPART TRAFFIC/PARKING 09807 911 ALBERTVILLE VILL 266 88005013 01 P 1858 04/08/88 HENNUM, J I M TRAFFIC/PARKING Ca-00 911 ALBERTVILLE VILL 278 88005534 01 P 1925 04/16/88 HETV a, JIM ' OIfLAINT 09906 0 ALBERTVILLE VILL 289 38006211 01 P 0549 04/28/88 BQk2lAN, JEAWE ROAD HAllARD 0 ALBERTVILLE VILL 262 SM980 01 P 0559 04/24/88 BUR XH, JEFFERY KELVIN DELIVER MESSAGE RUN: 18-MAY-88 INSTALLATION NAME--WIGHT Co. 90IFF DEPT- PAGE 2 CFS14 JURIS: 21 r„iMARY ISN'S ONLY? NO HOW RECEIVED CODES: ALL ACTIVITY CODES: ALL ACTIVITY CODE/ DESCRIPTION 09920 ALARM 09920 ALARM 09920 ALARM E N F 0 R S CALLS FOR SERVICE INCIDENT %"IARY BY ACTIVITY 04/01/88 THRU 04/30/88 PRI INCIDENT SEQ HOW TIME DATE PER°.,ON/ GRID LOCATION APT OFF NUMBER NO. RECV RECV REPORTED BUSINESS NAME 0 0 0 ALBERTVILLE VILL 262 88004711 01 A 1212 04/04/38 SECURITY STATE BANK ALBERTVILLE VILL 295 88004915 01 P 1421 04/07/88 BARTHEL, DONALD ALBERTVILLE VILL 266 $8004917 01 A 1443 04/07/88 SECURITY STATE BANK 09920 ALARM 099N 0 ALBERTVILLE VILL ALARM 0 ALBERTVILLE VILL ALARM a D2500 �% 0 ALBERTVILLE VILL DRUGS-SCH 1 NON NARC-POSSESS-U K TYP-UW CHAR J3500 C & � i'� ALBERTVILLE VILL TRAF-AVID-MS-DRIVE UNDER INFLUENCE OF LIQUOR 'IraC&'Ad � 0 ALBERTVILLE VILL TRAF-ACCID-EIS-DRIVE LDER INFLUENCE OF LIQUOR P3110 U� ,jW • 0 ALBERTVILLE VILL PROP DAMAGE-#IS-PRIVATE-UNC INTENT T2059.���'�'� 0 ALBERTVILLE VILL THEFT-4251-425004E-FRM YARDS-0TH PROP � T4021 A�j� 0 ALBERTVILLE VILL THEF7-5250 LESS-MS-FRM BUILDING-MUEY T4059 grid. 0 ALBERTVILLE VILL THEFT-S250 LESS-MS-FRM YARDS-OTH PROP 0 ALBERTVILLE VILL 310 88005290 01 R 1304 04/12/88 JOINT WATERS POWER JURIS 21 TOTALS - NUMBER OF INCIDENTS: 29 262 88005375 01 A 0603 04/14/88 DON'S AUTO 299 88006423 01 P 1738 04/30/88 BARTHEL, DONALD 271 88002907 01 P 0002 -04/01/88 WRIGHT COLNTY SHERIFF'S DEPT 276 $8004283 01 V 0220 04/01/98 WRIGHT COUNTY SHERIFF'S DEPT 276 33005223 01 V 0350 04/10/88 WRIGHT COUNTY SHERIFF'S DEFT 276 88006358 01 P 0938 04/30/88 BRAUN, WILLIAM 262 S800`.,137 01 15X 04/09/83 TIX MECHANICAL SERVICE 286 88005584 01 P 1457 04/17/88 ALBERTVILLE CREAMERY ANTIQUES 282 %005632 01 P 0946 04/18/88 LAFANCE, %IRIS 7 - Car & subject checks 1 - Citizen aid 3 - Motorists warned 4 - Traffic tickets issued. 0 ALBERTVILLE VILL 310 88005290 01 R 1304 04/12/88 JOINT WATERS POWER JURIS 21 TOTALS - NUMBER OF INCIDENTS: 29 262 88005375 01 A 0603 04/14/88 DON'S AUTO 299 88006423 01 P 1738 04/30/88 BARTHEL, DONALD 271 88002907 01 P 0002 -04/01/88 WRIGHT COLNTY SHERIFF'S DEPT 276 $8004283 01 V 0220 04/01/98 WRIGHT COUNTY SHERIFF'S DEPT 276 33005223 01 V 0350 04/10/88 WRIGHT COUNTY SHERIFF'S DEFT 276 88006358 01 P 0938 04/30/88 BRAUN, WILLIAM 262 S800`.,137 01 15X 04/09/83 TIX MECHANICAL SERVICE 286 88005584 01 P 1457 04/17/88 ALBERTVILLE CREAMERY ANTIQUES 282 %005632 01 P 0946 04/18/88 LAFANCE, %IRIS 7 - Car & subject checks 1 - Citizen aid 3 - Motorists warned 4 - Traffic tickets issued. RUN: 18-MAY-88 ADU01 JURIS: 21 ?IMARY ISN'S ONLY? NO NAME TYPES: ALL ACTIVITY CODES: ALL INSTALLATION NAME-WRIGHT CO. SHERIFF DEPT- ENF0RS ADULT SUMMARY BY INCIDENT - WITHIN 'DATE REPORTED' 04/01/88 THRU 04/30/88 INCIDENT PER INC NAPE ADULT NAME NUMBER SEQ SEQ TYPE GRID ADDRESS 88002907 1 1 A PIEKARSKI, GREGORY ALOIS 713 KJELLBERGS 88004283 1 1 A WOODS, KATHRYN MARY BOX 107 8MO13 2 1 M STEFFENS, JAMES PHILLIP 911 88005102 1 1 M GLUINZ, LEO GEORGE 911 7770 KADLER AV NE 88005223 1 1 A PFAFF, NANCY ANN BOX 134 M5584 1 1 A BIRT, RITA JEAN 88006079 2 1 M BISTODEAU, CRAIG ALLEN 5455 LARGE AVE 88965044 1 1 T WELDELE, DANIEL JAMES TI-MA RT 5 BOX 154 88965058 1 1 T PFAFF, NANCY ANN TI-FA BOX 134 JURIS 21 TOTALS - NUMBER OF INCIDENTS: 9 PAGE 1 OFF DATE OF RACE DATE OF: DATE OF ACT SUPPLEMENT ARREST NO. BIRTH SEX REPORT DISPOS. CODE ID NUMBER DISP03ITION CITY STATE ARREST ACTIVITY DESCRIPTION 271 6/02/59 M W 4/01/88 4/01/88 =00 271 REL BAIL OR F MONTICELLO MN 4/01/88 DRUGS-SCH 1 NON NARC-POSSESS-UNK TYP-UNK CHAT 276 4/02/64 F W 4/01/88 4/01/88 J3;00 276 REL BAIL OR F ALBERTVILLE MN 4/01/88 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQ" 266 10/17/57 4/08/88 09807 NO ENTRY TRAFFIC/PARKING 276 3/23/41 M 4/09/88 09801 NO ENTRY ALBERTVILLE MN DOMESTIC 276 7/24/55 F W 4/10188 4/10/88 J3500 276 REL BAIL OR R ALBERTVILLE MN 4/10/88 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR 286 1131/68 F W 4/17/88 4/23/88 T4021 256 REL BAIL OR F - MN 4/23/88 THEFT-$250 LESS-MS-FRM BUILDINGlOMEY 295 12/03/66 M 4/25/88 09807 NO ENTRY ALBERTVILLE MN TRAFFIC/PARKING 276 5/25/67 M 4/03/88 09031 276 NO ENTRY BUFFALO MN STOP SIGN 276 7/24/55 F W 4/10/88 09210 276 NO ENTRY ALBERTVILLE MN DAR/DAS/DAC (Acj ��� A o_ LU Lk Wt�6 lutklt� wo, 0 v f i" 14�a CzGru, tu) � lk� 'ilk I�t.: ��- �� G'�� j " ) 1+1, ��i'�Clk�` � �� � -r �. ��L,� . . K; co IVA Attro \i,�A � ux-wi cd vs-kR - ckc�- i i� 1(\ C ,rD fay v�, o r�- L)kLA- C6�'i ci, ( AL rAilkl r I iti L(j IV dL c L- A\, "Li lck TOTA -484. U' ti p � C-c 0 Lb La Lci 4-6 v K-�, I \" (( t l d' YuIR11 C �,L�J ll) 1t►t�1 C n YL �1 i%1 I�h l C'1h�, �, L'T- c�C&L AID, wau, I (u in ocr) Yi n Ck UULUIII�-Ao-,ap,,�,.- �(DO,1 ) ) -) ' 4 ct& io�A� c,*Li6Ai. k3 �C c�ti l �UC(� (� 2(�(�Y��.j CLOtL GA\J TOTAI v �,►� �X�1r � c;l�� �,�_. ��_ � `i;�i'.�:,-w: tom:• rrL��rl�. ���,;.� , u. JL uv- lArLtI)CtL"A - UL ci'.�kt�� �J t/ DEVELOPER'S AGREEMENT BRAUN'S ADDITION THIS AGREEMENT, entered into this 11th day of August, 1988 by and between Braun Development, Inc., referred to herein as "Developer"; and the CITY OF ALBERTVILLE, in the County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit "A", attached hereto and incorporated herein by reference which parcel or parcels of land are proposed to developed as a subdivision in the City, and which subdivision is intended to bear the name Braun s Addition and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given final approval of Developer's plat of Braun's Addition contingent upon compliance with certain City requirements including,but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements, which are herein referred to as "Petition Items" including, but not Limited to, sanitary sewer, water, storm sewer and streets be installed to serve the Subject Property and other properties affected by the development of Developer's land, all at the expense of Developer; and WHEREAS, the City further requires that certain on and off -site improvements be installed by the Developer, within the Subject Property, which improvements typically consist of boulevard sod, bituminous or concrete driveway approaches, drainage swales, street signs, and front yard trees and like items and which improvements to the Subject Property shall be referred to herein as "Escrow Items"; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners the understandings and agreements of the parties concerning the ievelopment of the Subject Properties; NOW THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party`s promise and considerations herein set forth, as follows: 1. PETITION FOR IMPROVEMENTS (PETITIONS ITEMS). Developer herein petitions the City to construct as part of the City"s Improvement Project(s) 1988-3A and/or other City project deemed appropriate by the City the improvements referred to in Exhibit "B" and described therein in very generalized language as "Petition Items". Said Exhibit "B" is attached hereto and incorporated herein by reference as though fully set forth. PAGE 2 2. WAIVER. Developer waives all right to a public hearing and other statutory rights granted to a property owner under Chapter 429 of Minnesota Statutes as the said rights therein granted related to Petition Items, including those that are a part of Project(s) 1988-3A, as set forth in Exhibit "B". 3. PETITION ITEMS - PRQJECT(S) 1988-3 The City shall construct as part of its City Improvement Project(s) 1988-3A at its discretion all or a portion of the Petition Items as shown on Exhibit "B" pursuant to its regular methods of making public improvements. The Developer agrees that special assessments for said improvements may be levied by the City, without Developer's objection, after construction is commenced. Thereafter the expense incurred or to be incurred in making the improvement shall be calculated under the direction of the Council. The Developer further agrees that the City may recover its costs and expenses including legal, fiscal, administrative and engineering); by levy of said special assessments to be payable in equal principal installments together with interest thereon from the date of the resolution levying the assessment as determined by the ^;ity over a period of not more than twelve (12) years. 4. P.ETITION ITEMS - SURETY. It is anticipated that of City`s debt service each year during the stated assessment period for the installation of the Petition Items as shown in Exhibit "B", the portion of which benefits the Subject Property will require an estimated payment(s) from the City to its bondholders amounts as indicated on Exhibits "C" attached hereto. It is intended that Developer shall make sufficient payments of said special assessments that the City`s cash flow will be unaffected by said improvement project(s). Developer herein agrees that said Developer will actually pay sufficient amounts of said special assessments each year, if not already paid in prior year, for properties lying within said plat to PAGE 3 enable the City to pay the required debt service payment shown on Exhibit "C" when due. To determine the actual amount, as opposed to the estimated amount, to be paid by the Developer, the principal amount shall be added to the interest amount, for the subject improvement project(s), as shown on the tax statements for lots lying within Said Plat, less credit for prepayments made thereof. Any deficiencies in the amount paid by the Developer for special assessments causing a shortage of funds with which the City may timely pay the required debt service payment(s) shall be supplemented with funds withdrawn by the City from the Developer's approved letter of credit or other surety furnished to the City. Any of said surety or guaranty of funds referred to herein that are withdrawn will be used by the City for payment of its herein referred debt service payment when due. Upon the Developer paying the delinquent special assessments, the City will repay to the surety, to the extent that the delinquent special assessments have been paid, the surety monies withdrawn, less any costs incurred by the City in conjunction with the ;aid delinquent special assessments. The Developer shall provide the City with cash, approved letter of credit or other satisfactory surety in the amount of 30% of the estimated cost, of Petition Item improvements which are to be constructed as part of Project(s) 1988-3A. The developer's cash, bond, letter of credit or other surety shall thus be in the amount of $46,000.00, calculated as follows: PACE 4 Total Estimated Cost of Braun's $154,566.91 Addition Plat Petition Items included in Project(s) 1988-3A X 30% Surety Requirement: $ 46,370.07 USE: $ 46,000.00 The said 30% surety is the guarantee referred to earlier in this paragraph that sufficient revenue is annually produced by the payment of special assessments to enable the City to pay the required debt service payment, which debt service payment relates to the portion of Project(s) 1988-3A benefitting the development of the Said Plat. The City may draw on said surety for cash flow purposes to supplement the Developer's payments when Developer is delinquent in the payment of said special assessments. MMMUMIT,M Yet Y a�• Y_ t A. Developer shall perform all on and off -site improvements set forth on Exhibit "B" as "Escrow Items". Developer will provide the City with cash, approved letter of credit or other satisfactory surety in the sum of $10,120.00, which figure represents 110% of the estimated cost of said Escrow Items. The said surety shall be a guaranty to the City that with the exception of boulevard improvements (sods, trees, driveways approaches) the construction and completion of the escrow items by the Developer, to the City's satisfaction, will be completed on or before October 1, 1988. The boulevard improvements for each lot or parcel shall be completed to the City's satisfaction within sixty (60) days of the date that a certificate of occupancy PAGE 5 (temporary or permanent) is issued by the City for a building located on the lot; unless the certificate of occupancy is issued after )ctober 1st and before March 30th in any given year, in which case the boulevard improvements shall be so completed by the following .June 1st. At the City"s option it may install the street sign(s) and bill the direct cost of materials and installation to the Developer who will pay the bill within 101 days of the billing. The said cash, letter of credit or other surety shall be released upon certification of the Engineer of the City that such items are satisfactorily completed pursuant to this agreement. Periodically, as payments are made by the Developer for the completion of portions of the items described under "Escrow Items" and when it is reasonably prudent, the Developer may request of the City that the surety be reduced for that portion of the project which has been fully completed and payment made therefor. The City"s cost for processing reduction request(s) shall be billed to the Developer at the rate of $30.00 per hour with a minimum of one (1) hour per reduction and shall be paid to the City within ten (10) days of the date of mailing the billing. 6. SURETY RELEASE - PETITION ITEMS. The developer may request of the City a reduction or release of any surety provided for in conjunction with the Petition Items as shown on Exhibit "B" as follows: A. When another acceptable surety is furnished to the City to replace a a prior surety. B. When the final cost amount minus previous payments becomes less than the surety provided, thus allowing the surety to be reduced to a sum commensurate with the remaining debt service obligation. C. No reduction shall be made which would result in the surety held being less that 35% of the original surety for petition items until the final costs are known and assessed. PAGE 6 D. The surety will be released at such time as special assessments for 75% of the lots in Said Plat have peen paid in full.. The City's cost for processing said reduction request shall be billed at $30.00 per hour with a minimum of one (1) hour per reduction, and shall be billed to the developer and paid to the City within ten (10) days thereof. 7. SURETY DEFICIENCY. In the event that, any cash, letter of credit or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within ten (10) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security the City will. upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. All monies deposited with the City shall be used by the City at the City"s discretion to defray the City's :osts and expenses with the project(s) referred to herein. 8. ABANDONMENT OF PROJECT - COSTS AND EXPENSES. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses for the preparation of the feasibility report, plans and specifications and all other costs expended by the City which are associated with Project(s) 1988-3A shall be paid by said Developer. The Developer has provided cash PAGE 7 sureties to the City as follows: +4 � Cost associated with Preparation of Feasibility Report: $1,500.00 Cost associated with Preparation of Plans and Specifications: + $4,500.00 TOTAL $6,000.00 The City may withdraw funds from the above -referred escrow for the purpose of paying the costs referred to in this paragraph. The said cash escrow funds will be released by the City upon the Developer providing satisfactory sureties for the Petition Items referred to in Exhibit "B". 9. DEVELOPER TO PAY ALL COSTS. It is understood and agreed that amounts set forth in this Agreement as improvement costs, unless specifically specified as fixed amounts, are estimated. The Developer agrees to pay the entire cost of the improvement including interest., fiscal, engineering, legal and administrative charges. A. FINANCIAL GUARANTEE. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be installed. In addition, a financial guarantee shall be provided to the City to insure compliance during PAGE 8 construction. This financial guarantee, which is included as an Escrow Item in Exhibit "B", will not be returned until all disturbed areas have permanent vegetation re-established. (THIS SPACE WAS INTENTIONALLY LEFT BLANK) The Developer shall fulfill park dedication of the Albertville City Ordinance 1987-2 and the Albertville Park and Recreation Board by --'the payment of cash in the sum of $3,910.00 shall be paid prior to the plat being released for filing at the Wright County Courthouse. The Developer's performance of its obligation shall be secured by the sureties described in paragraphs 4 and 5 above, which sureties shall not be released or reduced until fulfillment of the obligation in this paragraph are met. 12. PAYMENT OF SPECIAL ASSESSMENTS UPON SALE. It is further the agreement of the parties that all special assessments levied on City Project(s) 1988-3A or any other city project previously levied, or to be levied as a part of activating previously deferred assessments against the Subject Property, or portion thereof, if not paid prior thereto, shall be paid by the Developer on the sale or transfer of any fee ownership interest in the Subject Property; provided however, that if the seller grants seller financing in an amount not less than the PAGE 9 total of the unpaid assessments levied or pending against the lot, then the payment of the special assessments can be delayed as long as "the amount remaining financed by the developer is greater than the total of the said unpaid levied or pending special assessments,but in all events no later than the date the security of the sellers financing is released or satisfied. If only a portion of the Subject Property is transferred, Developer shall pay the said special assessments attributable only to that portion which is being sold or transferred. In the event the Developer wishes to have the final costs for Project(s) 1988-3A determined for the purpose of conveying a lot or a number of lots prior to completion of the project, Developer shall provide to the City a cash payment in an amount equal to one hundred percent (100%) of the estimated special assessments for each of the lots that the Developer seeks to convey. The surety deposit made by the Developer for Petition Items pursuant to this agreement shall be retained in full until the final project costs and results of the assessments are determined. The City, upon receipt of said payment for ^-�L particular lot or lots will upon request then certify within any special assessment search relating to said lot or lots have been fully assessed for said Project, pursuant to this Developer's Agreement; and that no further assessments will be made to said lot or lots for the improvements comprehended or being constructed under Project(s) 1988-3A. After determination of the final cost of the project and the resulting assessment therefor, any overage paid by the Developer will be returned to the Developer, and if there should be any shortage in the amount paid, the Developer will immediately pay the City the difference between the amount previously paid and the amount of the assessments for the particular lots or lots. Payment shall be made within thirty (30) days of the billing. The City may draw upon any surety deposit made by the Developer if the Developer fails to pay the billed amount within thirty (30) days of said bill. PAGE 10 13. MAIMAIE PUBLIC PROPERTY ,DAMAGED OR CLUTTER DURING CONSTRUCTION. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub -base, base, bituminous surface, curb, utility system including but not limited to water main, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect, result of the construction that takes place in Said Plat. In the event the Developer fails to maintain or repair the damage public property referred to aforesaid, the City may undertake making or causing it to be repaired or maintained. When the City undertakes such repair, the Developer shall reimburse the City for all of its expenses within ten (10) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, the surety shall be responsible for reimbursing the City therefor. 14. STREET SECTION GRADING. While the development site is being graded by Developer, an independent testing firm, approved by the City, shall test the street section of those parts of streets platted in Said Plat designated by the City Engineer, so as to certify to the City that the contractor is achieving 95% of the standard moisture density relationship of soils with exception of the top three (3) feet of the street section shall be compacted to 100% density. Fees paid to said independent testing firm shall be paid by the Developer. The City`s Engineer shall be furnished, either directly by the testing firm or by the Developer, a copy of the test results. 15. TEMPQRADL—.- SEMENT RIGHTS TO INSTALL „IMPROVEMENTS. The Developer by signing this Agreement, gives the City right of access on all of the Subject Property to install the contemplated utility and PAGE 11 street improvements referred to herein. It is anticipated that the Developer will file the plat of Braun"s Addition on or before June 30, 1988, which plat will permanently provide right-of-way for the required streets and utilities. (THIS SPACE WAS INTENTIONALLY LEFT BLANK.) 17. DRAW ON EXPIRING LETTER OF CREDIT.. In the event a surety or other form of guarantee referred to herein is in the form of an irrevocable letter of credit, which by its terms will become null and void prior to the time at which all money or obligation of the Developer is paid or completed, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the said expiring letter of credit. If a new letter of credit is not received as required above, the City may declare a default in the terms of this Agreement and thence draw in part or in total, at the City"s discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. 18. VIQLAT_ION OF AGREEMENT. In the case of a default by the Developer, it successors or assigns, of any of the covenants and agreements herein contained, the City shall give the Developer 30 days mailed notice thereof and if such default is not cured within said 30 day period, the City is hereby granted the right and privileges to PAGE 12 declare all of the sums levied as special. assessments or otherwise and any deficiencies governed by this Agreement due and payable to the City in full. The 30 day notice period shall be deemed to run from the date of deposit in the United State's mails. The City may thence immediately and without notice or consent of the Developer use all of the deposited escrow funds, letters of credit or other surety funds to complete the Developer's obligations as set forth herein., whether related to Escrow Items or Petition Items, and to bring legal action against the Developer to collect any sums due to City pursuant to this Agreement. 19. ATTORNEY'S FEES. The Developer will pay the City reasonable attorney's fees to be fixed by the Court in the event a suit or action is brought to enforce the terms of this Agreement or in the event an action is brought upon a bond or letter of credit furnished by the Developer as provided herein. 20. NOTIFICATION INFORMATION. Any notices to the parties herein shall be by registered mail addressed as follows: CITY OF ALBERTVILLE c/o City Administrator/Clerk P.O. Box 131 Albertville, MN 55301 Telephone: (612) 497-3384 BRAUN DEVELOPMENT, INC. Robert Braun, President 11571 57th Street Albertville, MN 55301 Telephone: (612) 497-3401 PAGE 13 21. AGREEMENT SECT. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE By Its Mayor By Its Administrator/Clerk BRAUN DEVELOPMENT, INC. Its President Its Secretary PAGE 14 STATE OF MINNESOTA) COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this _ day of _ _ 19 by Loretta Roden the Mayor and by Maureen Andrews, the Administrator/Clerk of the City of Albertville, a municipal corporation under the laws of Minnesota, on behalf of said corporation. Notary Public, Wright County, MN My Commission expires: STATE OF MINNESOTA) COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this -- day of 19 by Robert Braun, President and by William Braun, Secretary, the Officers of Braun Development, Inc., a general corporation under the laws of Minnesota, on behalf of said general partnership. Notary Public, Wright County, MN My Commission expires: PAGE 15 THIS INSTRUMENT WAS DRAFTED BY: ROBERT J. MILLER LAW OFFICES, P.A. 9405 - 36TH AVENUE NORTH NEW HOPE, MN 55427 PAGE 16 EXHIBIT "A" Legal Description for BRAUN'S ADDITION That part of Lot C and that part of Lot D of the West Half of the Southeast Quarter of Section 1, Township 120, Range 24, according to the plat thereof made by H.T. Moland, and on file in the Office of the County Recorder in Book 2 of Plats on Page 91, Wright county, Minnesota, described as follows: Beginning at the southwest corner of said Lot D; thence on an assumed bearing of N 1 59' 37" E, along the west line of said Lot D and said Lot C, a distance of 544.51 '.eet; thence S 87 11' 16" E, a distance of 173.00 feet; thence S 1 59' 377 W, a distance of 223.02 feet; thence S 86 56` 30" E, a distance of 214.00 feet; thence N 75 32' 21" E, a distance of 54.71 feet; thence N 54 49' 16" E, a distance of 72.84 feet; thence N 32 01' 30" E, a distance of 168.00 feet; thence S 87 11' 16" E, a distance of 385.04 feet thence S 2 00' 08" W, a distance of 76.94 feet; thence S 87 59' 52" E, a distance of 163.00 feet, to the east line of said Lot c; thence S 2 00` 08" W, along the west line of said Lot C and said Lot D, a distance of 462.00 feet to the southeast corner of said Lot D; thence N 87 16' 20" W, along the south line of said Lot D, a distance of 1129.54 feet to the point of beginning. PAGE 17 (WAI 3 WORK PERTAINING TO BRAUN"S ADDITION I. PETITION ITEMS (Project 1988-4) ESTIMATED COST A. Street $ 31,811.82 B. Storm Sewer 33,901.03 C. Sanitary Sewer 26,150.04 D. Watermain 62,704.02 $154,566.91 REQUIRED SURETY PERCENTAGE: 30% II. ESCROW ITEMS '� tt • 0VIA $46,370.07 USED: $46,000.00 1. Installation boulevard sod. PAGE 18 2. Planting of one (1) deciduous front yard tree of type specified in City Resolution Approving Final Plat for each lot shall be a minimum of two inches (2") in diameter measured six inches (6") above the ground. 3. Installation of a bituminous driveway approach with a minimum of two inches (2") hot mix a.c. on five inches (5") Class 5 aggregate or a concrete approach constructed a minimum of four inches (4") thick with wire or six inches (6") thick without wire mesh. All site grading, including building sites, ponds and surface drainage ways shall be graded in accordance with the approved grading and development plan. (". Street Signs As designated by the City Engineer as to number and location. D. Street Cleaning. All streets in the area shall be kept free of dirt and debris during all phases of construction. go)t MMA" 4 151 z If cash or letter of credit is submitted $10,120.00 PAGE 19 EXHIEIT " C " DEBT SERVICE SCHEDULE BRAUN"S ADDITION Debt service based on total estimated project cyst of $154,566.91, 12 year assessment and an estimated 8.75% interest rate. PRINCIPAL ANNUAL DEBT YEAR BALANCE PRINCIPAL INTEREST SERVICE REQUIRED SPEC. ASSESS. TOTAL PAY. BY DEV. IN TAXES OR BY PREPAYMENT DATE 1989 $154,566.91 $12,880.58 $13,524.60 $26,405.18 $13,202.59 5/89 13,202.59 10/89 1990 141,686.33 12,880.58 12,397.55 25,278.13 12,639.07 5/90 12,639.06 10/90 1991 128,805.75 12,880.58 11,270.50 24,151.08 12,075.54 5/91 12,075.54 10/91 1992 115,925.17 12,880.58 10,143.45 23,024.03 11,512.02 5/92 11,512.01 10/92 1993 103,044.59 12,880.58 9,016.41 21,896.99 10,948.50 5/93 10,948.49 10/93 PAGE 20 REQUIRED SPEC. ASSESS. TOTAL PAY. BY DEV. PRINCIPAL ANNUAL DEBT IN TAXES OR BY YEAR BALANCE PRINCIPAL INTEREST SERVICE PREPAYMENT DATE 1994 $90,164.01 $12,880.58 $7,889.35 $20,769.93 $10,384.97 5/94 10,384.96 10/94 1995 77,283.40 12,880.58 6,762.30 19,642.88 9,821.44 5/95 9,821.44 10/95 1996 64,402.85 12,880.58 5,635.25 18,515.83 9,257.92 5/96 9,257.91 10/96 �997 51,522.27 12,880.58 4,508.20 17,388.78 8,694.39 5/97 8,694.39 10/97 1998 38,641.69 12,880.58 3,381.15 16,261.73 8,130.87 5/98 8,130.86 10/98 1999 25,761.11 12,880.58 2,254.10 15,134.68 7,567.34 5/99 7,567.34 10/99 2000 12,880.53 12,880.53 1,127.05 14,007.58 7,003.79 5/00 7,003.79 10/00 $87,909.91 $242,476.82 PAGE 21 REQUIRED SPEC. ASSESS. TOTAL PAY. BY DEV. PRINCIPAL ANNUAL DEBT IN TAXES OR BY YEAR BALANCE PRINCIPAL INTEREST SE2EVICE EPAYMFNT DATE 1995 $230,852.38 $38,475.40 $20,199.58 $58,674.98 $29,337.49 5/95 29,337.49 10 /95 1996 192,376.98 38,475.40 16,832.99 55,308.39 27,654.20 5/96 27,654.19 10/96 1997 153,901.58 38,475.40 13,466.39 51,941.79 25,970.90 5/97 25,970.89 10/97 1998 115,426.18 38,475.40 10,099.79 48,575.19 24,287.60 5/98 24,287.59 10/98 1999 76,950.78 38,475.40 6,733.19 45,208.59 22,604.30 5/99 22,604.29 10/99 2000 38,475.38 38,475.40 3,366.60 41,842.00 20,921.00 5/00 20,921.00 10/00 $271,011.09 $732,715.6'( PAGE 21