Loading...
1990-02-20 CC Agenda/PacketCITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 CITY COUNCIL AGENDA FEBRUARY 20,1990 I. CALL MEETING TO CORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF THE MINUTES • February 5, 1990 • February 12, 1990 IV. CC)MMUNITY FORUM V. DEPARTMENT BUSINESS a. MAINTENANCE - Ordinance Pertaining to Driving on the Dikes + - Maintenance Overtime - Other Business b. ENGINEERING - Ordering of Soil Borings for the Proixised Maintenance Building Site - Upcoming Sumer Construction Projects - Other Business c. LEGAL - Joint Power's Information - Other Business .Make our City........ Your City We invite Home, lndustrv, Business COUNCIL AGENDA PAGE 2 d. ADMINISTRATION - Income Received and Bills to be Paid - City of Albertville"s Personnel Policy - 3.2 Beer License for St. Michael Foundation at Parish Center - Lights at the Intersection of C.A.S.H 37/19 - Fraser Steel Project 1. Approval of Change in C-briditional Use Permit -- Planned Unit Development to Allow Enclosed Outside Storage Instead of Storage Building 2. Approval of Developer's Agreement for fonditional Use Permit -- Planned Unit Development 3. Approval of TIF Developer's Agreement 4. Approval of Loan Agreement for Econcxnic Recovery Funds for the Construction of Fraser Steel - Planning Commission Vacancy - Rental of the WESTWIND PARK Land +' - Jones Intercable Information and Possible Sale of GWmpany - Remodeling of City Hall - Additional Items VIII. OTHER BUSINESS IX. ADJOURNMENT CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 COUNCIL MINUTES FEBRUARY 5, 1990 The regular meeting of the Albertville City Council was called to order by Mayor Gary Schwenzfeier. Members present included Bob Braun, Don Cornelius, Donatus Vetsch and Jim Krystosek. Others present included Maureen Andrews, Lorie Villareal, Bob Miller, Thore Meyer and Ken Lindsay. The agenda for the evening's meeting was reviewed by the Council. Don Cornelius made the motion and Donatus Vetsch seconded it to approve the agenda. All were in favor and the motion carried. The minutes of the January 16th Council meeting were reviewed by the Council. There were no corrections or additions so a motion was made by Bob Braun and seconded by Don Cornelius to accept the minutes of January 16th. All were in favor and the motion carried. The minutes of January 18th were reviewed by the Council. Hearing no corrections or additions, Jim Krystosek made a motion to approve the minutes of January 18th. All were in favor and the motion carried. The minutes of the special Council meeting held on January 23rd were reviewed by the Council. Don Cornelius made a motion to approve the minutes of January 23rd. Bob Braun seconded the motion. All were in favor and the motion carried. Eugene Valerius, representing the Albertville Fire Department, was present to request $2,500.00 of merchandise for the Fire Department. It was noted that the Fire Department was looking at purchasing a new type of hose that is approximately six inches in size and will run between the fire truck and the hydrant, thereby supplying more water to the pumper. Eugene pointed out that Luverne Fire Trucks Service out of Rogers would come out and look at the truck to assure proper selection of Make our City........ Your City We invite Home, Industry, Business hose and fittings for the truck. It was noted that there is a need for approximately 150 feet of hose and fittings needed to complete the installation because of the 300 feet spacing between hydrants. It was also pointed out that there was a leaky valve on one of the vehicles and Luverne Fire Truck Service would be looking at that as well and would be making a repair if necessary. Hearing no other comments or questions a motion was made by Don Cornelius and seconded by Donatus Vetsch to purchase the 150 feet of hose and the necessary fittings. All were in favor and the motion carried. The Council heard from the Maintenance Department next. Ken informed the Council that he had found a used boat and motor for the pond system. It is a 12 foot boat and has a 7.5 hours Evinrude Motor on it. Ken noted that it is an older model boat and motor but that the party was asking $400.00 without negotiations. It was noted that the party would likely accept a lower bid if approached. The boat and motor would be used at the Wastewater Treatment Facility for the copper sulfate treatment prior to the liquid alum treatment. As noted before the ponds contain a high level of algae which holds the liquid alum up and therefore leaving phosphorus levels too high for discharging purposes, therefore delaying the discharge schedule. It was noted that City could easily make of the difference of the boat and motor in what the City will be saving because the copper sulfate treatment should eliminate the multiple liquid alum treatments that the Maintenance Department has had to do in the past. Ken pointed out that liquid alum cost approximately $.85 a gallon and that they use between 400 and 1,000 gallons of alum per treatment depending on phosphorus level, which is directly related to the amount of algae found in the ponds. The total cost of the copper sulfate treatment runs about $100.00 with approximately 100 to 150 pounds of copper sulfate being used per treatment. Ken was questioned why the second boat was needed since the City already owns the pontoon. He pointed out that first of all the smaller boat is easier to control during the treatment process and secondly that because the copper sulfate is an acid it is hard on the pontoon and the pontoon is harder to clean up after the treatment. He also noted that the smaller boat would also be able to be used in checking the pond that is non -accessible from a boat landing. -2- There was a question regarding how the copper sulfate treatment was done. Ken explained that the copper sulfate is a granulated material and is dispersed by dragging a gunny sack behind the boat. He noted that the copper sulfate attacks the algae and therefore reduces the phosphorus level. Ken noted that this treatment is a "trial and error" process and that it will take some time to perfect the treatment. Thore Meyer agreed with this statement, noting that it appears that the treatment is necessary. Hearing no other discussion or comments a motion was made to approve the purchase of the boat. A motion was made by Don Cornelius and seconded by Jim Krystosek to purchase the boat and motor provided that the motor is in good working condition and that the City could obtained a clear title for the equipment. All were in favor and the motion carried. Ken next presented to the Council for their review only a sign for the Four Seasons Park. He informed that the Council that Franklin Outdoor Advertising was donating the sign for the new park and would like to get started as soon as possible before they got into the busy season. It was noted that the Park Board had suggested a sign that represented the use of the park during each of the seasons so the sign showed different activities for each of the seasons. Keith Franklin, after reviewing the sign suggested selling the park itself, noting that if people are interested in the park they will stop and see what is there. He suggested reducing the sign to indicate just the name of the park, because otherwise the sign becomes too "busy". It was noted that the Park Board would be reviewing the sign at their next meeting. The Council pointed out that the actual design of the sign should be a Park Board decision and that it does not need to come back to the Council for final approval. The Council will accept whatever the Park Board decides. Ken discussed a steamer purchase with the Council. He and Don Cornelius went to American Pressure in Wayzata to look at some used steamers. There were several models, one was an Alkota Model 90 and an Electromagic Model 100. The Alkota model 90 is a demo and the best of the two. The Electromagic Model 100 could be gone through except for the coil. The coil is the heart of the steamer and there would be no guarantee on that part of the steamer. The steamer would be used to clean the liquid alum off the pontoon and for opening plugged storm sewers. Ken stated that he has been cleaning the pontoon at the car wash, but that the boat has very little clearance for getting in and out of the car wash. He noted that -3- because of the lack of room in the car wash it is difficult to get the pontoon clean. It was noted that the steam will take the liquid alum off the pontoon a lot better then water and that it would be more convenient to clean the pontoon in the storage building then having to bring it in to town for cleaning. The steamer can also be used for opening frozen culverts and storm sewers and for cleaning other equipment. It was noted that the City would need to purchase at least 25 feet of hose, 4 fittings and some pipe for thawing culverts, as well as a barrel will also be needed for a water reserve. American Pressure will give a price of $1,500.00 for the steamer if approved at meeting and it would good until 8 am on Tuesday morning. They would charge $1.95 a foot for the hose and $16.00 for 4 fittings for a total $1,575.75. There would be be a guarantee on the steamer but Ken would check to be sure about the length of the warranty. It was suggested that it would be a good ideal to have the steamer demonstrated out here in the maintenance shop to assure that it will operate off the City"s generator. Don Cornelius made a motion to approve the purchase of the Alkota Model 90 steamer for $1,500.00 plus 25 feet of hose and 4 fittings, with a warranty. Jim Krystosek seconded the motion. All were in favor and the motion carried. The Council next discussed the sale of the old tool box from the old pickup. Ken informed the Council that he had come across a welding fan for $25.00 and the party selling the fan was interested in exchanging the fan for the toolbox. Because of the price for new tool boxes the Council felt that the price was fair and agreed that Ken exchange the box for the fan. The Council had a copy of the EFA Open House invitation in their packets. Ken asked if anyone was interested in attending the open house and suggested that the Council might want he to attend to see if there was any information that might be useful for the development of the new park. After some limited discussion it was decided that no one from the City would go to the open house. The Council briefly discussed the Beaudry property for the location of the Maintenance Shop. Thore pointed out that they had completed the survey of the property so they knew where the wetlands were located. -4- There was some discussion regarding whether or not the property would work for the City"s purpose. It was noted that the location was good but that we would not know how the soils would be for the footings of the building until after soil borings were completed. It was noted that the City would likely be able to put a building on the site, provided that area was prepared properly. It was noted that it would be likely that the old soils would need to be dug out, gravel hauled in and compacted and then the slab pours so to get a good foundation for the building. There was some discussion regarding how much the soil borings would cost for the property and what would be the next step to completing the project. It was suggested that before soil borings were ordered that it might be advisable to meet with a representative of the DNR. to see what property they would consider to be allowed to be filled. It was decided that There, Maureen and Bob would meet with Dale Holmuth sometime before the next meeting to get his opinion on the property. It was pointed out that there were some serious time constraints with the decision making process because of the pending Sheriff's Sale of the property. The Council agreed to move forward with the process, pending the outcome of the meeting with the DNR. The Council next reviewed and approved the income received and the bills to be paid. There were several questions regarding bills which when reviewed were clarified for the Council. Hearing no other questions or comments a motion was made by Donatus Vetsch and seconded by Don Cornelius to approve checks 10188 through 10233. All were in favor and the motion carried. A Limited 3.2 Beer License was approved for St. Albert's Valentine Dance for February 10, 1990. The motion to approve the license was made by Donatus Vetsch and seconded by Jim Krystosek. All were in favor and the motion carried. The Council next reviewed the 1990 Gaming Licenses. As requested by the Council, Maureen had checked with other cities to see what was being charged for the license. The Council was informed that there were a variety of charges as well as several cities who do not charge for the license. The Council asked what options we had regarding the fees established. Bob Miller noted that the Council could make a change to the fee if they so desired. It was noted that it would be done through an amendment to the resolution establishing the charge. A motion was made by Jim, Krystosek and seconded by Don Cornelius -5- to amend the fees reverting the fee of the license to $30.00 per machine for 1990 and review the costs associated with the licensing process for 1991. All were in favor and the motion carried. The next item before the Council was the Local Government Forum to be held in St. Cloud on February 22, 1990. It was pointed out that this conference was attended by four of the Council members the year before and that it had proven to be very informative. It was decided that Donatus Vetsch, Maureen Andrews would attend the Conference for sure and that Don Cornelius would let Maureen know if he would be able to attend. The Council reviewed the applications for the Planning Commission vacancies. The Council was informed that two applicants had applied for the two vacancies currently open on the Commission. It was also noted that Dori Berning had also indicated that he was interested in getting off the Commission if there was someone willing to fill his seat. The Council was informed that LeRoy Berning had picked up an application the morning of the Council meeting but had not returned it for the Councils consideration. After reviewing the two applications a motion was made by Donatus Vetsch and seconded by Bob Braun to appoint Tom Haller and Rick Bishop to the two vacancies on the Planning Commission. All were in favor and the motion carried. The Council was informed that there would be a meeting on Monday, February 12, 1990 for the sale of the 1990 bonds. The Council next approved a resolution for the Joint Powers Board Pertaining to fees charged for water line inspections. The resolution established new language for the cash escrow for plan reviews to be determined by the Joint Power-s Clerk and set a surcharge of $50.00 for all inspections appointments that are not made 24 hours in advance. A motion was by Donatus Vetsch and seconded by Jim Krystosek to approve the resolution. All were in favor and the motion carried. The Council briefly discussed recycling, containers, and recyclable items and what action the City wants to take in developing the recycling plan. It was noted that that there was a recycling meeting at the County Courthouse on Wednesday, February 14th. No action was taken on this matter. The Council next received an update on the Fraser Steel. The Council was informed that there was a meeting between Dan Wilson, Rod Fraser and his attorney regarding the Tax Increment Financing Development Agreement. The Council was also informed that they would be seeing a Developer's Agreement for the Conditional Use Permit --Planned Unit Development and the Loan Agreement for the State of Minnesota's Economic Recovery Fund monies. The next issue discussed by the Council was the correction to the 1990 Annual Budget. It was pointed out that there was a $14,400.00 error in the budget in the Street Maintenance category. The budget reflected $16,000.00 for street maintenance when it should have been $1,600.00. It was noted that there were several options the Council could take to correct the budget, which included the following: 1. The money could be transfer over to the Building Fund for the future public buildings. 2. The money could be used in the Street Fund for the purposes of Sealcoating and/or Storm Sewer Cleaning. 3. A corrected levy could be sent to the County representing what the Street Department should actually have budgeted. After some discussion it was decided that the 1990 budget should be amended to reflect the following change: That $10,000.00 be transferred into the Building Fund; and that $4,400.00 should be transferred from Street Maintenance to Seal Coating for future projects. A motion to amend the budget accordingly was made by Donatus Vetsch and seconded by Bob Braun. All were in favor and the motion carried. The Council asked what had happen with the Building Permits still being held by Loren Kohnen. Maureen informed the Council that a letter had been sent but she had still not received any of the permit information. The Council requested that an additional letter be sent certified delivery requesting that the permits be turned over to the City. Jim Krystosek informed the Council that the Boy Scouts are looking for some Community Service projects. Any suggestions should be turned over to Jim for the Boy Scout projects. The next issue discussed that Albertville Personnel Policy. Bob MIller pointed out that the changes reflected in the Council's copy of the policy were his suggestions to better reflect the operation of the City and allow future Councils the flexibility to make changes to the policy as they seem fit. -7- As pointed out at the end of the policy there were 5 points of discussion that Bob felt the Council needed to discuss and consider. These points included: 1. Special language regarding the City Administrator. -- Bob noted that the City Administrator's position is annually appointed and therefore should not be treated the same as other city employment. He rioted that the Administrator typically serves at the will of the Council and under a separate contract with the Council. It was noted that the Council can by resolution implement the standards of the personnel policy into the employment contract with the City Administrator (i.e. vacation, sick leave etc.). 2. Administrator's authority regarding disciplinary action without Council approval. -- Bob suggested that as the City takes on more city employees that the Council may not want to deal with the day-to-day disciplinary action of employees and leave it to the Administrator to take proper action to correct any problems that may occur. If the Council determines that this is something they want to include in the Policy additional language will need to be included in the policy. 3. Language which allows the Council to make changes to policy as deemed necessary. -- Because the Personnel Policy becomes a condition of employment for employees the Council should reserve the right to make changes to the policy whenever it is determined necessary and without special language allowing for such change the Council would not be allowed to make changes that would effect existing employees without making it a violation of the employee contract. 4. The inclusion of an Organizational Chart as part of the Personnel Policy. -- Bob suggested that an organizational chart be included as a visual tool representing the hierarchy of authority. This chart is typically found in all Personnel Policies:. 5. Provides special language regarding the fact that the City is not governed by the merit system under State Statute; Chapter 44. -- Bob noted that some cities operate under the Merit System which is similiar to the federal civil service system providing for special conditions of employment, promotions, demotions and dismissal. The language provides for the fact that the Personnel Policy is a general state of policy and not a condition of any ongoing binding employment contract. Bob pointed out that the changes he is recommending to the Personnel Policy are all policy decisions for the Council to consider and that the Council can accept them through the incorporation of them or strict any or all of them, which ever they seemed fit. Also as part of the Personnel Policy, Bob suggested that the League o-t Minnesota Cities article regarding personnel policies should be made part of the City's file. There was a great deal of discussion regarding the policy and the recommended changes. It was pointed out that because of the size of the City that in the case of grievance it might be easier for an employee to go directly to a Council Liaison person instead of the City Administrator. Bob pointed out that he felt that the Administrator is the focal point for the Council and that it is important that this person serve as point of reference for these types of problems without necessary involving the Council. He also noted that there has to be a chain of command within the City and that the Administrator should be a key representative within the organization. Ken pointed out that he was concerned about how the Personnel Policy would effect him because policies have been established in the past that have since been changed. It was noted that up until this point no formal policy has been in effect and therefore not binding. Bob noted that the Personnel Policy functions as the rules and Policies under which the City operates. Ken pointed out that he felt that the Personnel Policy was far to one sided, protecting the City and Council but limiting the protection of the employee. Bob noted that the Personnel Policy is a Management Tool which truly protects both the City and the employee. The next point brought up was that of a Grievance Board. Ken comment that he felt that the employees were being left without any protection for decisions made by the Council. He questioned what option would the employee have if they did not agree with an action taken by the Council if the Grievance Board is eliminated. Bob pointed out that the purpose of the Board is to deal with issue that are not directly related to Council action and in all cases the final decision is always the Council s. It was questioned what would happen when there was a complaint against the Council. Bob Miller noted that as hard as it might be to understand that Council can not surrender their authority of action and that in all cases they are the employer and their decision stands. It was again noted that the Grievance Board does not override the Policy maker's decision. CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 SPECIAL MEETING OF THE ALBERTVILLE CITY WUNCIL MINUTES FEBRUARY 12, 1990 A special meeting of the Albertville City Council was called to order by Mayor Gary Schwenzfeier. Members present included Jim Krystosek, Donatus Vetsch, Don Cornelius and Bob Braun. Others present included Maureen Andrews and Brad Farnham. The purpose of the meeting was to consider and approve the sale of $435,000.00 of G.O. Improvement Bonds of 1990 and $270,O00.00 of G.O. Tax Increment Bonds of 1990. Brad briefly reviewed the Preliminary Official Statement for the Band Sale. There were several questions regarding the information included in the document, which Brad discussed and explained. Questions focused on the City's debt level. A question was raised regarding whether or not the General Obligation Debt amount seemed high. Brad rioted that Yes in fact the debt is high, but that the amount is somewhat deceiving, first of all the debt for the Joint Power's Bond is included as Fart of the City"s debt even though the debt is shared by the other three cities involved in the Joint Power's Agreement. Secondly it was noted that the City has incurred clot of General Obligation Debt bcr�use of the fact that the City is growing rapidly and has had to make improvements to keep up with tre growth. A second question was raised regarding the Net Direct and Net Overlapping Debt. Brad explained that this information not only shows the City's Debt but all the other taxing jurisdictions` bonded indebtriess as well. There was a question regarding how our debt compare s to other cities. To this question, Brad rioted that it is difficult to ccxnpare because each city is different ,and you an-- not really comparing apples to apples. Make our City ........ Your Cit v We invite Home, Industry, Business Hearing no other questions regarding the Preliminary Official Statement, Brad next reviewed with the Council the outcome of the bidding process. It was noted that there was only one bid submitted for the two bonds, but noted that it was a good bid just the same. The bids received were from Piper, Jaffray and Hopwood with the following rates: $435,000.00 of G.O. Improvement Bonds of 1990 $270,000.00 of G.O. Tax Increment Bonds of 1990. NET INTEREST RATE 6.79% 6.73% Brad rioted that if he did riot feel that these were good rates he would have recommended that the Council reject the bids and go with a negotiated sale, but does not feel that the City would do any better. Brad also pointed out that he had checked with the Juran and Moody"s Trading Board and they felt that these were excellent rates. Brad did do some checking to see why there was only one bid for each of the sales and was informed that these are some of the reasons: 1. There were several large sales scheduled for the next day and that the companies were riot interested in bidding on the smaller sales. 2. That there was some concern regarding the Debt Per Capita for a City the size of Albertville. 3. One bidder stated that he could riot believe that the City has experienced the type of growth Albertville has in the past five years. 4. That because of the size of the issues that it is difficult for the Underwriters to make money. He rioted that at the rate received the Underwriter is making about $12.00 per bond and that historically they make between $20 aril $25 per torid and at this rate they cart riot afford to sell the bonds. Hearing no other questions or ccxnments an motion was made by Ilonatus Vetsch to award the bid for the $435,000.00 of G.O. Improvement Bonds of 1990 to Piper, Jaffray and Hopwood. The motion was seconded by Don Cornelius. All were in favor and the motion carried. A motion to approve the bids for the $270,000.00 of G.O. Tax Increment Bonds of 1990 to Piper, Jaffray and Hopwa�d was made by Donatus Vetsch and seconded by Dori Cornelius. All were in favor and the motion carried. -2- Brad briefly reviewed with the Council some past sales and the cash flows for the sale. The cash flows were almost the same as they had been in the schedules shown to the Council prior to the scheduling of the sale. There was some discussion regarding the financing of the Maintenance Building. Brad noted that the building could be finz mced through equipment certificates and likely in a negotiated sale because of its size. There was some discussion about how the City could get rid of the Joint power's Board debt. Several points were raised but no action will be taken on this matter until the Bond Attorneys have an opportunity to review the issue. Hearing no other comments or questions a motion was made to adjourn the meting. The motion was made by Jim Krystosek and seconded by Uonatus Vetsch. All were in favor and the motion carried. -3- DATE FEBRUARY 3 FEBRUARY 10 FEBRUARY 7 HOURS TO BE PAID DATE FEBRUARY 3 FEBRUARY 4 FEBRUARY 11 HCURS TO BE PAID KEN LINDSAY'S OVERTIME JANUARY 29TH TO FEBRUARY 11TH JOB HOURS EARNED PLOWED AND SANDED STREETS 4.5 CLEANED HOCKEY RINK 1.5 CHECKED PUMPS 1.5 HOURS EARNED 7.5 TIME TAKEN OFF 70 HCx7RS USED 2.5 7.5 - 2.5 = 5.0 HOURS RAY VARNER'S OVERTIME JANUARY 29M TO FEBRUARY 11TH JOB COCKED PUMPS CLEANED HOCKEY RINK PLOWED AND SANDED STREETS CHECKED PUMPS CHECKED PUMPS CLEANED HCUM RINK HOURS EARNED ROURS EARNED 1.5 1.5 4.5 1.5 1.5 1.5 12.0 = 12.0liOURS INCOME RECEIVED FEBRUARY 20, 1990 SEWER ACCOUNTS 6,939.78 GROTH SEWER & WATER 70.00 WRIGHT TITLE GUARANTEE 10.00 FIRST SECURITY TITLE 10.00 UNIVERSAL TITLE INSURANCE 10.00 ALBERTVILLE BAR, INC. 475.00 FIRST SECURITY TITLE 10.00 152 CLUB 175.00 UNIVERSAL TITLE INSURANCE 3.00 JIM LEVER CONSTRUCTION 1,630.25 WRIGHT TITLE GUARANTEE 10.00 PAT'S 66 INC. 25.00 JONES INTERCABLE 937.98 GARDNER BROS. CONSTRUCTION 1,635.65 GARDNER BROS. CONSTRUCTION 1,592.05 PAUL WELTER 985.45 PAUL WELTER 40.00 FIRST SECURITY TITLE 10.00 TRI COUNTY ABSTRACT 10.00 FIRST SECURITY TITLE 19,999.98 TOTAL $34,579.14 BILLS TO BE PAID FEBRUARY 20, 1990 CHECK NUMBER 10234 KEN LINDSAY (Overtime) 167.30 10235 RAY VARNER (Overtime) 33.26 10236 PERA 255.28 10237 CRAGUN'S CONFERENCE CENTER 112.11 10238 MN DEPARTMENT OF PUBLIC SAFETY 23.75 10239 KEN LINDSAY 682.42 10240 RAY VARNER 443.17 10241 JIM BECHER 133.25 10242 MAUREEN ANDREWS 762.67 10243 LORIE VILLAREAL 471.19 10244 JIM BECHER SR. 340.00 10245 PERA INCOME RECEIVED/BILLS TO BE PAID PAGE 2 CHECK NUMBER 10246 HACK'S, INC. 66.80 10247 PAT'S 66, INC. 271.39 10248 AMERICAN PRESSURE INC. 1,575.75 10249 NORTHWEST ASSOCIATED CONSULTANTS, INC. 181.86 10250 ROBERT J. MILLER 748.50 10251 ROBERT L. MINKEMA 300.00 10252 CROW RIVER FARM EQUIPMENT CO. 12.90 10253 H.G. WEBER OIL CO. 68.18 10254 NORTHERN 46.97 10255 WATER PRODUCTS COMPANY 24.53 10256 MEDCENTERS HEALTH PLAN 790.80 10257 CHOUINARD'S 167.74 10258 AMERICAN NATIONAL BANK 8,028.75 10259 FIRST TRUST 696.25 10260 FIRST TRUST 707.75 10261 FIRST TRUST 709.00 10262 FIRST TRUST 27,879.38 10263 FIRST TRUST 6,306.88 10264 MONTICELLO TIMES 20.00 10265 KEN LINDSAY (Overtime) 10266 RAY VARNER (Overtime) 10267 KEN LINDSAY 40.00 TOTAL $52,067.83 DEVELOPMENT CONTRACT FOR FRASER STEEL COMPANY CONDITIONAL USE PERMIT PLANNED UNIT DEVELOPMENT AGREEMENT dated 1989 by and between the CITY OF ALBERTVILLE, a Minnesota Municipal Corporation ("City") and FRASER STEEL COMPANY, a Minnesota Corporation ("the Developer"). 1. Request for Plan Approval. The Developer has asked the city to approve a conditional use permit for a planned unit development for the development of a manufacturing and office facility to be located on the property (the "Property") legally described as: Lot 7, Block 2, Barthel's Industrial Park. 2. Development Plans. The Property shall be developed in accordance with the plans listed below. Reduced copies of these plans are attached to this Agreement plus large scale copies of the plans are or will be on file with the City and are incorporated into this Contract for reference. The plans, as specified below may be amended to prepared, subject to City approval, after entering the Contract, but shall be filed with and must be approved by the City before recording of the plat or issuance of building permits. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A Development by Plan, dated , prepared Plan B Plans Specification for Private Improvements, dated , prepared by Plan C Landscape, Signing and Lighting Plan, dated , prepared by Plan D Grading and Drainage Plan, dated , prepared by Plan E Preliminary Building Plans and Elevations, dated , prepared by 3. Effect of Development Approval._ Notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, zoning, platting or dedication requirements enacted after the date of this Contract. 1 4. Conditions of Approval. A. Development Contract. The City hereby approves the Conditional Use Permit for a Planned Unit Development on condition that the Developer enter into and comply with this Contract, existing City Ordinances and resolutions. B. Conditional Use Permit for Planned Unit Development. (1) Assurances shall be made that the steel production facility adhere to the intent of the I-1 zoning designation by not producing exterior noise, fumes and obnoxious by-products which may impact the environment. (2) The 28 proposed parking stalls for Phase I are found to be acceptable by the City. Ample land area has been reserved and illustrated on the site plan to adequately accommodate the 72 stalls required by ordinance for all phases of development. the Phase I structureT shall he rebepareconfigured torking stalls lmeet ng ethe 20ast ffoot minimum stall length required by the ordinance. via Industrial BoulevardThshallpbeefounditotbewide acceptablesbypthe tCity Engineer. (5) 044We storage is allowed only within the designated fenced area as approved by the City Council and illustrated on the Development Plan (Plan A). Landscaping of this area is to be installed and maintained as per City approvals. Any changes in outside storage operations shall be subject to the prior review and approval of the City Council. (6) Upon construction of Phases II and III, additional landscaping shall be provided over those green spaces lying adjacent to Phases II and III in accordance with Plan C. The said landscaping shall compensate for the site's lack of green space. Also, additional landscaping shall be provided in those areas which border the designated loading area as also illustrated in Plan C. (7) The utility, grading and drainage plans shall be subject to the review and approval of the City Engineer. 2 (8) All exterior lighting used to illuminate the off-street parking area shall be hooded and controlled so as not to light adjacent property or the public right-of-way. (9) All signage which is to occur upon the site shall conform to the applicable provisions listed within the City ordinance. (10) Perimeter curbing shall be provided along the proposed parking area in accordance with Section 1200.4.H.16 of the City ordinance. 5. Public Improvements. The Developer shall install and pay for the following: A. Storm Sewer and Storage B. Sanitary Sewer Connection These improvements shall be installed in accordance with City standards, ordinances and plans and specifications approved by the City Engineer which have been prepared at Developer's expense by a competent registered professional engineer. Developer shall obtain and deliver to the City all necessary permits before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the Developer shall provide the City with_ all related documentation in adequate content and detail -ps tainiag to soil test, construction and inspection so as t© determine the acceptability of the development. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council Chambers with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "as -built" drawings. 3 The Developer shall pay public improvement fees as follows: To the City: Sewer Availability Charge (SAC) Formula: 28 X 20 ,gal. *. 288 x $675.00 Y 1.54 #44444 $1,312.50 Water Availability Charge (WAC) $ 200.00 Storm Water Availability Charge (SWAC) Formula: Percent of Impervious Area Connection Charge X No. of Acres = SWAC Charge $421.90 X 2.89 $1,219.29 Total City Fee (Excluding Building Permit Fees) $2,731.79 Joint Powers Water Board: Water Connection Charges Formula: WAC X Inch of Pipe Being Installed + Reserve Capacity $400.00 X 6"s,.= —SAO&� $2,800.00 The fees must be paid in full at the time a Building Permit Application is issued. Upon completion of the work and construction required by this contract, the public improvements lying within public easements shall become City property without further notice or action. 6. Private Improvements. The Developer shall install, in accordance with the plans described in Paragraph 2 hereof and City ordinances and standards, and pay for the following: A. General (1) Site grading. (2) Survey and staking. (3) Joint power water plus gas, electric and phone utilities. (4) Landscaping All improvements shall be subject to applicable City codes and inspections. 4 B. Landscaping. The site shall be landscaped in accordance with the plans and specifications on file with the City and Plan C. The Developer shall provide sufficient performance guarantees, as described in Paragraph 8 to assure completion and implementation of said landscape improvements. Weather permitting, all landscaping for the development shall be installed prior to the issuance of a certificate of occupancy for the development, but no later than C. Cleanup. Prior to issuance of a certificate of occupancy the Developer shall remove from the Property any excess soil, earth or debris resulting from construction work by the Developer or its agents or assigns as directed by the City. D. Storm Sewer. The Developer warrants that it is not increasing surface storm drainage onto adjacent properties, other than 53rd Street N.E., as a result of the construction contemplated by this Contract. 7. Warranty. The Developer warrants all work required to be performed by it pursuant to paragraphs 2, 4, 5 and 6 herein against poor material and faulty workmanship for a period of one (1) year after substantial completion as certified by the Developer's engineer. Any repairs or replacements shall be warranted for twelve (12) months from the time of planting, construction or installation. All trees, grass, and sod, shall be warranted to be alive, of good quality and disease free for twenty four (24) months after planting. Developer further warrants that no changes in the structure or form of the improvements to the Property visible from outside the boundaries of the Property shown on the plans referenced in Paragraph 2 shall be made unless this Contract is amended by both parties. 8. Security. The Developer shall furnish the City with an irrevocable letter of credit for $ The amount of security shall include, but not be limited to, the estimated costs of all public and private improvements as listed under paragraphs 2, 4, 5 and 6. The bank and form of the letter of credit shall be subject to the approval of the City Administrator. The letter of credit shall be for a term ending In the alternative, the letter of credit may be for a one year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates with a final expiration date of unless sixty (60) days prior to an expiration date the bank notifies the City that it elects not to renew for an additional period. The letter of credit shall secure compliance with the terms of this Contract and all financial obligations of the Developer under it. The City may draw down the letter of credit with five (5) business days' notice, for any violation of the terms of this Contract, or to reimburse itself for costs incurred 5 in performing obligations Developer has defaulted on, or to pay outstanding, past due costs Developer has incurred under this Agreement, provided, however, that the City shall not call such letter or other security, if, within such notice period, Developer commences and diligently pursues to completion such cure in a manner satisfactory to the City. The City shall not call the letter of credit to pay past -due costs incurred by the Developer under this Contract if Developer posts adequate additional security and diligently contests the claims represented by such past -due costs. With City approval, the letter of credit may be reduced from time to time as obligations of Developer under this Contract secured by such letter of credit are satisfied. The amount of such reduction shall equal the lesser of the cost or value of the obligation satisfied. 9. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform all necessary work and/or inspections deemed appropriate by the City, provided that there are no City actions on the Property to cure Developer's default without first providing the notice and cure rights provided by Paragraph 8 hereof. The license shall expire after the public improvements installed pursuant to the Development Contract have been inspected and accepted by the City. 10. Snow Removal. The Developer shall be responsible for the plowing and removal of snow from the parking areas and driveways within the Property and all associated costs. Snow piles shall not be allowed to occupy parking spaces in order to ensure that the required number of spaces and park areas are available at all times during the year. 11. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development itself, including but not limited to Watershed District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the development, the preparation of this Contract and all costs and expenses incurred by the City in monitoring and inspecting the progression of the development. B. The Developer shall hold the City and its officers, employees and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from development approval, construction and operation, except for such damages or costs resulting from the gross negligence, intentional misconduct or intentional violation of this Contract by the City. Except as limited by the preceding 11 sentence, the Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the city may pay or incur in consequence of such claims, including attorney and other consulting fees. C. The Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Contract, including engineering, Building Official, planning and attorney's fees. D. The Developer shall pay in full all bills submitted to it by the City for obligations properly incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the city may halt all development work and construction until the bills are paid in full, and may draw on the letter of credit or other collateral. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. E. In addition to the charges referred to herein, other charges and special assessments may be imposed such as but not limited to building permit fees. 12. Events of Default. A. Events of Default Defined. The following shall be "Events of Default" under this Agreement: (1) Failure by the Developer to pay when due amounts required to be paid under any provision of this Contract. (2) Failure by the Developer to observe and substantially perform any covenant, condition, obligation on its part to be observed or performed hereunder. B. Remedies of Default. Whenever any Event of Default occurs and the Developer fails to cure such default within (i) five (5) days after notice of a monetary default by the City, or (ii) fifteen (15) days after notice by the City of a non -monetary default, unless during such period Developer commences and works diligently to complete a cure of such default, or (iii) in the case of an emergency, such shorter period of time as may be reasonable under all of the circumstances, the City may, in addition to any other remedies or rights specifically given the City under this Agreement, take any one or more of the following actions: (1) Perform or hire a third party to perform for the account of the Developer any obligation of the Developer. The Developer shall promptly reimburse the City for any expense incurred by the City. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court 7 order for permission to enter the Property or act in accordance with this Contract. When the City does any work, the City may, in addition to its other remedies, assess the cost in whole or in part. (2) Withhold approval of any permit with respect to the Property, including building permits for the Property. (3) Draw on the letter of credit deposited with the City to the extent necessary, in the City's opinion, to cure the default. (4) Require the Developer to discontinue work on the Property until such time as the Event of Default shall have been cured. (5) Assess against the Property any costs incurred by the City and not theretofore reimbursed by the Developer. (6) Cancel and terminate any conditional use permit granted to the Developer pursuant to this Contract. 13. Conformance with Laws. The Developer shall comply with the terms of this Contract and all local, state and federal laws and regulations applicable to the development and Property. The Developer represents to the City that to the best of its knowledge that the development does not require an environmental impact statement. If the City or another governmental entity or agency determines that such a review is needed, however, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney's fees, that the City necessarily incurs in assisting in the preparation of the review. 14. Miscellaneous. A. The Developer represents to the City that the development complies with all county, state and federal laws and regulations, and that Developer.has no knowledge of any violation by the development or Developer of any City ordinances or regulations, including but not limited to subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the development does not comply, the City may, at its option, refuse to allow construction or preliminary work in the development until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. N. B. Only the Developer shall have recourse against the City under this Contract. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Contract. D. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting from delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until other public and private improvements which serve such building have been completed as specified by this Contract. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. No building permit or certificate of occupancy shall be issued which conflicts with the requirements of this Contract, and any such permit or certificate which does so conflict shall be void. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. F. The Developer and its assignees are liable under this Contract. The Developer may not assign this Contract without written consent of the City Council prior to issuance of the Certificate of Completion described below, except to Fraser Steel Company, provided, however, Fraser Steel Company must first consent to the terms of this Contract and assume all of Developer's obligations hereunder, all pursuant to a written assignment and assumption agreement satisfactory to the City. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required on it under this Contract, at the Developer's request the City may execute, and deliver to the Developer a certificate of completion in recordable form evidencing performance by Developer of its obligations hereunder, subject to (i) any representations or warranties which may be in effect subsequent to the date of completion, and (ii) subject to the Developer's obligation to retain the improvements in the form described by the plans referenced herein. Any obligations A imposed by this Contract not certified as having been satisfied in such certificate of completion, and all warranties and representations of the Developer, shall remain the ongoing obligation of the Developer and its successors or assigns. G. Each right, power or remedy herein conferred upon either party is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to such party, at law or inequity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing mach be exercised from time to time as often and in such order as may be deemed expedient to the party having such right, power and remedy and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 15. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following address: Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered or certified mail in care of the City Administrator at the following address: Albertville City Hall, Box 131, Albertville, Minnesota 55301. CITY OF ALBERTVILLE By: Gary Schwenzfeier, Mayor By: Maureen Andrews, City Administrator FRASER STEEL COMPANY By: Its 10 STATE OF MINNESOTA) ) ss COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 1989, by Gary Schwenzfeier, Mayor, and by Maureen Andrews, City Administrator of the City of Albertville, a Minnesota Municipal Corporation, on behalf of the Corporation. Notary Public STATE OF MINNESOTA) COUNTY 01' ss The foregoing instrument was acknowledged before me this day of 1989, by of Fraser Steel Company, a Minnesota Corporation,.on behalf of the Corporation. Notary Public 11 CONSENT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by said provisions as the same may apply to that portion of the subject property owned by them. Dated this day of STATE OF MINNESOTA) ss COUNTY OF ) The foregoing day of instrument was acknowledged before 1989, by Notary Public 12 me this CONSENT Fraser Steel Company, the holder of an interest in the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by said provisions as the same may apply to that portion of the subject in which they own an interest. Dated this day of 1989. FRASER STEEL COMPANY Its STATE OF MINNESOTA) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1989 by Notary Public 13 Recently you have expressed interest in serving on the Albertville Planning Commision. In an effort to fill the vacant position we ask that you fill out this application and return it to City Hall by November 3, 1990. Thank you for your interest in serving on the Plannning Commission_ If you have any questions regarding this application please feel free to contact me, Maureen Andrews at 497-3384. 1_ NAME: ` last _, first middle 2. ADDRESS: 3. TELEPHONE NUMBER: home: _.. -- �l9'�- Vic' %' work: 4. ARE YOU AVAILABLE IN EVENINGS FOR MEETINGS? 5. BACKGROUND AND RELATED EXPERIENCE WHICH CAN BE APPLIED TO THE POSITION YOU ARE INTERESTED N y '-�> Y� Ki ..i C.. 1"7/J !( •4'/' �fl-/�/Y_ ! C i'H S i/s/// //v �� .C�-•'S (i. r % /C .1/ r :. .7, r ��t'v/�,��/Y«n 6. REASONS WHY YOU WOULD LIKE TO SERE ON THE PLANNING COMMISSION. Ali,,, -e I hereby certify that all answers to the above questions are true and I agree and understand any false statements contained in this applic ion may cause rejection of this application. — -� S Date January 12, 1990 City of Albertville Albertville, MN 55301 Ref: 1403 Buffalo Dear Sirs: Enclosed is our franchise fee check based on the following computation. For the period ending December 31, 1989: Total Gross _$asic Pay _2.gnt1 Other Reyenues January $1,357.55 $ 599.17 $ 450.59 $ 96.83 $ 2,504.14 February 1,483.14 651.41 470.36 117.75 2,722.66 March 1,437.27 618.71 452.77 55.00 2,563.75 April 1,400.85 825.11 441.00 33.97 2,700.93 May 1,392.39 624.56 432.46 45.00 2,494.41 June 1,385.86 650.62 426.20 63.00 2,525.68 July 1,391.43 626.32 426.26 112.00 2,556.01 August 1,386.01 592.85 422.45 68.52 2,469.83 September 1,401.50 658.77 427.62 104.85 2, 74 October November 1,467.20 617.37 431..92 99.50 . 2,61515.9999 December D1,573,51 1,411.24 1, 73 51 620.73 028.61 427.64 64.00 2,523.61 _ 456.74 137.45 2,996.3 $17,087.97 $7,914.23 $5,266.01 $997.87 $ LIU p g @ 3 % Sincerely, JONES INTERCABLE, INC. 0 Catherine Aper Fund Accounting Manager CA/t10-3379 Enclosure Payment $937.98 9697 E. Mineral Avenue, Englewood, Colorado 80112 303/792-3111 January 12, 1990 City of Albertville Albertville, MN 55301 Ref: 1403 Buffalo Dear Sirs: Enclosed is our franchise fee check based on the following computation. For the period ending December 31, 1989: --Ba�-a p Y Other Total Total Gross r January $1,357.55 $ 599.17 --Rent $ 450.59 $ Goss February 1,483.14 651.41 470.36 96.83 $ 2,504.14 March 1,437.27 618.71 452 117.75 2,722.66 April May 1,400.85 825.11 .77 441.00 55.00 33.97 2,563.75 June 1,392.39 1,3 624.56 650.62 432.46 45.00 2.700.93 2,494.41 July 1,391.43 626.32 426.20 63.00 2,525.68 August September 1,386.01 592.85 426.26 422.45 112.00 2,556.01 October 1,401.50 1,401.5 658.77 427.62 68.52 104.85 2,469.83 November 1,411.24 617.37 431.92 99.50 2,592.74 December 73 53 620.73 R 427.64 64.00 2,615.99 i _456 74 7 UZIU 2, 523. 61 $17,087.97 $7,914.23 $5,266.01 _ $997.87 $� 2� @ 31 Sincerely, Payment $ 2 (J�ONES INTERCABLE, INC. Catherine Fund Aper Accounting Manager CA/-t3o_3379 Enclosure 9697 E. Mineral Avenue, Englewood, Colorado 80112 3031792_ 3111