1992-10-05 CC Agenda/PacketALBERTVILLE CITY COUNCIL
AGENDA
October 5, 1992
I. CALL MEETING TO ORDER
II. APPROVAL OF THE AGENDA
III. APPROVAL OF CONSENT AGENDA ITEMS
* Attached List
IV. FOLLOW-UP SHEET
* September 21, 1992
V. APPROVAL OF THE MINUTES
* September 21, 1992 - Regular Meeting
* September 21, 1992 - Public Hearing - 1992-11A
VI. COMMUNITY FORUM
- Pat Krause, Gruys, Borden, Carlson
- George Yankoupe - Minimum house size - P.U.D.
VII. DEPARTMENT BUSINESS
4P A. MAINTENANCE
- Extend maintenance bldg. to east
- Project Updates
B. ENGINEERING
- Sewer replacement project - Plans and Specs
- Project Updates
8.30 PM C. LEGAL
- Resolution regarding total assessment amount
for sewer trunk line
- TIF #2 & 5 - Determination of project expenditures
- Developer's Agreement - Westwind III
- Project Updates
D. ADMINISTRATION
* Financial Statement
* Approval to pay bills (Check $6780 - thru #6820)
* "Turn off the Violence" Week
Discuss appointing financial advisor
Set Public Hearing for assessing sewer trunk line
Discuss bidding of City insurance/appraisals
- Set budget meetings
VIII. ADJOURN
40
ALBERTVILLE CITY COUNCIL
October 5, 1992
Albertville City Hall 7:30 PM
PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Donatus
Vetsch, Mark Barthel and Duane Berning, City Attorney Mike Couri,
City Engineer Thore Meyer, City Clerk Linda Houghton
Mayor Walsh called the regular meeting of the Albertville City
Council to order.
The agenda was amended by adding the following items to be
discussed:
(1) Fire Department - Hold Harmless Agreement with
Security Bank Northwest
(2) Sidewalk and other life safety issues regarding the new
high school
(3) Check #6821-6823 (3rd quarter federal and state income
taxes and 3rd Quarter building permit surcharge payment)
Berning made a motion to approve the amended agenda. Potter
seconded the motion. All voted aye.
The minutes of the September 21, 1992, regular meeting were
amended as follows:
(1) Page 1, Paragraph 3 (3) - "Ken is not to talk..."
(2) Page 2, Paragraph 2 - "Councilmen Vetsch and Barthel have
looked at several trucks, including a used 1979 Ford
truck at Hoglund Bus Company."
(3) Page 3, Paragraph 6 - "Councilman Berning asked Gartner
to get pricing on putting curbs along 60th Street east
of Main Avenue NE..."
Vetsch made a motion to approve the minutes as amended. Berning
seconded the motion. All voted aye.
The minutes of the September 21, 1992, Public Hearing were
amended on Page 2, Paragraph 2 to read "The estimated cost for
operation and maintenance the first year is $82,450." Vetsch made
a motion to approve the minutes as amended. Berning seconded the
motion. All voted aye.
Pat Krause and Don Zierke of Gruys, Borden, Carlson &
Associates answered questions regarding the fees charged for the
1992 audit report. Both Pat and Don explained that with a new
accounting system more time was spent in establishing procedures
to be used and reclassifying entries. They anticipate that the
1992 audit should cost considerably less (approximately $9,000),
due to the fact that all involved are more familiar with the
accounting program and there should be fewer reclassification
entries and/or questions. Linda was asked to provide a quarterly
CITY OF ALBERTVILLE
October 5, 1992
Page 2 of 5
accounting statement to the Council and to the auditor. Zierke was
asked to check into the advantages of networking the City's
computer with those at the auditing company.
Potter made a motion to approve payment of Check #6603 in the
amount of $15,325.00 to Gruys, Borden & Carlson. Barthel seconded
the motion. All voted aye.
George Yankoupe requested that the Council consider reducing
minimum dwelling size to accommodate homes of less than 960 square
feet in the Westwind P.U.D. Yankoupe contended that the subject
was addressed when the original P.U.D. was conceived, but it was
not stated in the P.U.D. agreement. Yankoupe has a buyer who
qualifies for an 864 square foot house. The building permit for
the home has not been issued because of its size. After some
discussion, Berning suggested that the question should be raised
before Planning & Zoning. Vetsch made a motion to table further
discussion and send the issue back to Planning & Zoning. Berning
seconded the motion. Vetsch and Berning voted aye. Potter,
Barthel and Walsh voted aye. The motion failed.
Potter stated he believes the intent of the original P.U.D.
was to give the development flexibility in terms of smaller lots
and smaller house sizes. He then made a motion to approve an
amendment to the original agreement allowing 10% of the total lots
in the P.U.D. to be a minimum of 864 square feet. The developer
is required to provide architectural control of all new homes.
Barthel seconded the motion. Barthel, Potter and Walsh voted aye.
Berning and Vetsch voted no. The motion carried.
Barthel made a motion to appoint Councilmen Vetsch and Potter
to a committee to meet with the maintenance department to discuss
the feasibility of an addition to the fire barn/maintenance
building. Berning seconded the motion. All voted aye.
Ken Lindsay reported that he is still attempting to get other
prices to drain the flow meter manhole. The majority of patching
the streets with blacktopping has been done. There are still a few
small areas to be completed. The Council directed Ken to look at
two dips that may need to be repaired in the Westwind Addition.
Lindsay addressed the problem of the lack of compaction by
contractors working for the Joint Powers Board. He told the
Council the lack of compacting causes delays in his department
being able to repair the damages. Linda was directed to write a
letter to the Joint Powers Board advising of the City's compaction
requirements.
Linda was directed to contact the owners of the basketball
hoop located in the right-of-way on Locust Court advising the owner
CITY OF ALBERTVILLE
October 5, 1992
Page 3 of 5
that since the hoop is on the right-of-way, the owner could be held
liable for damages sustained to City equipment.
Ken reported that he will be doing a partial discharge from
pond three soon. He will get both ponds one and two as low as
possible before winter.
The Council set the annual composting day from 10:00 AM to
2:00 PM on Saturday, October 24, 1992. Grass clippings, leaves and
small brush will be accepted at the pond site.
The Council agreed to advertise for bids on the 1973 Ford dump
truck with plow, wing and sander. The City reserves the right to
reject any or all bids. Bid opening will be November 2, 1992.
Thore presented the plans and specs for the sewer replacement
project. The cost of installing curb and gutter to the portion of
60th Street east of Main Avenue is estimated at $10,000. The plans
and specs include an option bid for replacing service leads up to
the area which is private property.
Potter made a motion to adopt RESOLUTION t1992-28 approving
the plans and specs for the sewer replacement project (1992-11B).
Barthel seconded the motion. All voted aye.
Potter made a motion to adopt RESOLUTION #1992-29 calling for
the advertisement of bids for the sewer replacement project (1992-
11B). Barthel seconded the motion. All voted aye.
Thore explained that he has spoken with a gentlemen from
Scherer Brothers regarding Barthel Manor Second Addition. The
question of who actually is responsible for installing the
retaining wall now that the original developer is out of business
was discussed. Linda was directed to send a letter to Scherer
Brothers with copies of past minutes showing that a retaining wall
was a requirement for the development and requesting that the
retaining wall be installed.
Potter made a motion to cancel the public hearing on the
assessment of the trunk sewer line scheduled for October 27, 1992,
at 7:00 PM. Berning seconded the motion. All voted aye.
Potter made a motion to set a work meeting at 7:00 PM, October
27, 1992, to discuss assessment of the trunk sewer line and to
consider the 1993 budget. Vetsch seconded the motion. All voted
aye.
Barthel made a motion to enter into a Hold Harmless Agreement
with Security Bank Northwest allowing the Fire Department to use
the former Eiden house for fire training. Potter seconded the
CITY OF ALBERTVILLE
October 5, 1992
Page 4 of 5
motion. All voted aye.
Thore was asked to put together costs to install four foot
sidewalks along Main Avenue from 54th Street to the intersection
of 50th Street and along the south side of 50th Street to the new
high school parking lot. The Council will consider using TIF funds
that will be available to pay for this project.
Barthel made a motion to adopt RESOLUTION #1992-30 requesting
that Wright County consider signing the intersection of County Road
35 at 50th Street and Main Avenue as a three-way stop, that The
Wright County Board of Commissioners request that MNDOT undertake
a study to consider lowering the speed limit along 50th Street, and
that Wright County assist the City with the installation of school
crossing signs and crosswalks in this area. Potter seconded the
motion. All voted aye.
Mayor Walsh informed the Council that Buffalo Bituminous has
been denied future access to water on the Joint Powers system
because they have used hydrants in the system without
authorization.
Potter made a motion to adopt RESOLUTION 1992-31 entitled
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION
OF PROPOSED ASSESSMENT. Vetsch seconded the motion. All voted
aye.
Councilmen Potter and Vetsch were appointed to meet with Linda
prior to October 14 to determine how the TIF funds should be spent.
Attorney Couri reviewed the Developer's Agreement for Westwind
Third Addition. The agreement covers both apartment buildings to
be constructed. The project will be assessed under the 429
statutes. The building design and site plans must be presented
before the Planning & Zoning Commission for approval. The
developer has agreed to install a full sprinkler system in the
attics of the buildings to dispel fire protection concerns raised
by Fire Chief Rick Wacker.
Potter made a motion to approve the Developer's Agreement for
Westwind Third Addition as presented. Barthel seconded the motion.
All voted aye.
Vetsch made a motion to approve the Financial Statement for
September 16 - September 29, 1992, as presented. Berning seconded
the motion. All voted aye.
Vetsch made a motion to pay the bills as presented (Check
#6780-6823). Berning seconded the motion. All voted aye.
CITY OF ALBERTVILLE
October 5, 1992
Page 5 of 5
Vetsch made a motion to designate the week of October llth as
"Turn Off the Violence" week. Berning seconded the motion. All
voted aye.
Vetsch made a motion to appoint Springsted, Inc, as the City's
financial advisor because Springsted had been the City's financial
advisor previously and they have the City's financial records from
all but the past few years. Barthel seconded the motion. All
voted aye.
The Council agreed that an appraisal of City property should
be done before the insurance renews to make sure that the City has
adequate coverage. Susan Stoffel of the Buffalo National Agency
was in attendance at the meeting and offered to provide Linda with
information on the appraisal service, Stevenson -Edwards, used by
the City of Buffalo several years ago. Potter made a motion
directing the clerk to send out requests for a City-wide appraisal
to be completed by November 1. Barthel seconded the motion. All
voted aye.
LeRoy Berning reported that he has received additional bids
for the park shelter for those items which the City previously had
only one bid. All of the second bids Berning received were higher
than the first bids. Potter made a motion to accept the low
bidders for the park shelter facility. Barthel seconded the
motion. All voted aye.
The Council agreed to have the maintenance department check
into getting the warming house building moved from City Park to the
wastewater plant to be used as cold storage for Christmas
decoration, flags, etc.
Judy Roden questioned what the Council would do with the CD's
that are maturing this week. The Council will reinvest the CD's
at Security Bank Northwest for a 91-day term.
Barthel made a motion to adjourn at 10:30 PM. Vetsch seconded
the motion. All voted aye. _
ames A. Walsh, Kay
Linda Houghton, CVerk
ALBERTVILLE CITY COUNCIL
CONSENT AGENDA ITEMS
October 5, 1992
III. APPROVAL OF CONSENT AGENDA
Minutes of September 21, 1992 - Regular Meeting
- Minutes of September 21, 1992 - Public Hearing
- Financial Statement
Approval to pay bills (CK #6780 thru #6820)
Follow Up Sheet - September 21, 1992, Meeting
"Turn off the Violence" Week
FOLLOW UP SHEET
SEPTEMBER 21, 1992
Linda: Meet with Greg Berning to discuss steps to be
taken with regard to the warning siren near
Westwind.
Linda: Prepare report on Hennum`s proposed
subdivision that Planning Commission denied.
Meyer: Check with contractor regarding flow meter
manhole.
Couri: Developer's Agreement for Psyk`s 5th Addition.
- On hold per developer's request.
Linda: Check minutes of previous meetings to
determine who is responsible for construction
and cost of retaining wall in Barthel Manor
Addition.
Ken: Replace "No Trucks" sign, using extra
concrete, on Barthel Industrial Drive.
Ken: Get quotes on having drain installed on the
flow meter manhole.
P & Z: Consider drafting ordinance prohibiting
placement of landscaping materials around fire
hydrants.
Linda: Review sign ordinance and inform current
violators of the ordinance's requirements.
Walsh: Meet with Thore to draft ordinance change
Linda: detailing sewer charges to include addition
Berning: of penalties for late payments.
Linda: Review City's shoreland ordinance and begin
drafting new ordinance to comply with the new
requirements.
Linda: Meet with Ackerman Sept. 15 to discuss how he
will comply with City regulations.
Council: Determine additional costs to average building
if amendment to Ordinance #1000.4 (i) (2) is
approved.
Linda: Listen to tapes of 9/14/92 meeting to determine
if changes recommended by Couri to minutes
should be made.
FOLLOW UP SHEET
SEPTEMBER 21, 1992
Page 2
Linda: Contact Mert Auger to determine what needs to
be done to get cable TV installed in Hardwood
Ponds.
Linda: Attach City's cost of snowplowing for '91-92
season to the minutes.
Ken: Secure other prices on installation of drain
line in flow meter manhole.
Vetsch: Meet with Frankfort's engineer & Board to
Meyer: negotiate workable solution on 50th Street
Berning: regarding who will do what.
Meyer: Pursue agreement with MNDOT to drain the I-94
area.
Gartner: Prepare schedule for sewer line replacement
phases as well as plans and specs.
Meyer: Check into retaining wall in Barthel Manor
Second Addition.
Meyer: Contact County Engineer regarding the ditch at
County Work Building.
Walsh: Set up meeting to establish new sewer rates to
Berning: be effective January 1, 1993.
Gartner:
LeRoy: Attempt to get at least one more bid in each
category that has only one bid for the park
shelter.
Linda: Check into investments of the CD's that mature
in October.
Linda: Schedule Pat Krause to attend next Council
Meeting.
Ken: Move equipment away from fire truck and paing
line on floor to separate the two areas.
ALBERTVILLE CITY COUNCIL
September 21, 1992
Albertville City Hall 7:50 PM
PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane
Berning, Donatus Vetsch, and Mark Barthel, City Engineers Thore
Meyer and Norm Gartner, City ATtorney Mike Couri and City Clerk
Linda Houghton
Mayor Walsh opened the regular meeting of the Albertville City
Council at 7:50 PM.
The following additions were made to the agenda under
Administration: Discussion of sewer rates, payment of the 1991
audit report, and fire department's concerns over the flags on the
hydrants. Discussion of installation of cable television in the
Hardwood Pond addition was added to the agenda under Community
Forum. Berning made a motion to approve the agenda as amended.
Vetsch seconded the motion. All voted aye.
The minutes of the September 8, 1992, minutes were amended as
follows:
(1) Page 1, Paragraph 9 to read "No Truck"
sign on the corner of 57th Street and Barthel
Industrial Drive. "
(2) Page 2, Paragraph 7 to add "The flags will be
flown on special requests as well".
(3) Page 1, Paragraph 8 corrected to indicate that
Ken is to talk to those property
owners with items in the right-of-way.
(4) Page 5, Paragraph 7 is amended to state that
Andy Savitski is required to blacktop only a
portion of the parking lot until the drainage
problem is corrected.
Barthel made a motion to approve the amended minutes. Vetsch
seconded the motion. All voted aye.
Barthel made a motion to approve the minutes of the September
14, 1992, Public Hearing on 50th Street as printed. Linda was
directed to listen to the tape again to verify if changes to the
minutes recommended by Mike Couri should be made. Vetsch seconded
the motion. All voted aye.
Barthel made a motion to approve the minutes of the September
14, 1992, work meeting. Vetsch seconded the motion. All voted
aye.
Dean Spencer told the Council that he and his neighbors in
Hardwood Ponds have requested the cable television company to
extend its lines into the development. They have been told that
there must be a petition signed by every homeowner in the
development. Spencer asked the City to intervene. Linda was
ALBERTVILLE CITY COUNCIL
September 21,1992
Page 2 of 6
directed to contact Mert Auger, one of the members of the cable
television commission, and attempt to find out what needs to be
done to get installation of the cable into Hardwood Ponds.
Councilman Vetsch reported that he, Councilman Mark Barthel
and Ken Lindsay have been looking at a used 1979 Ford truck at
Hoglund Bus Company. The truck was previously owned by the City
of Ramsey, is equipped with a plow, wing and hydraulic sander, and
has 51,000 miles. The truck comes complete with accurate and up-
to-date maintenance journals. A negotiated price of $8,500 has
been reached. The parties also looked at a used two-way plow that
can be added to the truck. The two-way plow can be purchased for
$1,100. Sandblasting and painting the truck will cost about
$1,700. A hydraulic bank to operate the two-way plow will need to
be added. The Truck will also need a tune-up. Total costs of the
add-ons and the tune-up should not exceed $1,000. With sales tax
added, the cost of the completed vehicle should not exceed
$13,099.50. The City's 1973 truck and the used plow could be put
up for sale in the $3,000 range.
Vetsch made a motion to purchase the truck and the accessory
two-way plow, sandblast and repaint the vehicle, add a hydraulic
bank to operate the two-way plow, and have a complete tune-up of
the vehicle done at a not -to -exceed cost of $13,099.50. Barthel
seconded the motion. All voted aye.
Berning requested that the report on the costs of the City's
snowplowing season for 1991-92 previously given to the Council be
added as an attachment to the minutes to reflect that the City
Council did compare costs of City -operated snowplowing vs.
contracted snowplowing.
Potter noted for the record that one of the owners of Hoglund
Bus Company is a nephew of Councilman Vetsch.
Ken Lindsay has only received one price to install a drain
line in the flow meter manhole. The price from Metropolitan
Underground is $986. The Council and Ken felt that amount was too
high and no action on the drain line until Ken can secure other
prices.
City Engineer Thore Meyer reported that Frankfort Township has
taken bids for improvements to MacIver Avenue and 50th Street. An
option bid includes the approximately 1300 feet of 50th Street west
of MacIver Avenue that is in the city limits. Frankfort has bid
this section of street with curb and gutter. The cost of the
option bid which includes the City's portion of 50th Street was
about $75,000. Albertville's half of that total would be about
$37,500. Thore told the Council that there are two areas they must
address --one, does the City want curb and gutter; and two, what
ALBERTVILLE CITY COUNCIL
September 21,1992
Page 3 of 6
municipality should do what portion. The Council concurred that
the City will require curb and gutter. Thore stated his opinion
that the City needs the dirt from the hill area for fill in the low
areas and it appears to be much easier for the City of Albertville
to do the improvements to 50th Street. Councilmen Vetsch and
Berning, along with Thore, will meet with Frankfort's engineer and
Board to negotiate a workable solution to who will do what. The
consensus of the Council is that the City should to all of 50th
Street up to MacIver Avenue.
Mike Couri arrived at the meeting at 8:45 PM.
Thore explained that he has talked to Clem and Bernard Marx
regarding the drainage on the property owned by Marx and Jim
Hennum. He has directed Marx to approach the City if they wish to
proceed.
Thore presented a map of the trunk sewer line showing the
assessable footage in red and the wetlands areas in yellow. The
map gives an allowance of 150' on the assessment of corners. Thore
also provided a calculation and a summary sheet for the Council to
consider at a work meeting to be scheduled at a later date.
Thore reported that Frankfort Township has decided not to
pursue securing an easement or going ahead with the cleanout of the
ditch as had been proposed in a tentative agreement reached in
committee. Thore will continue to pursue the agreement with MNDOT
to drain the I-94 area.
Norm Gartner will have a schedule for the sewer line
replacement phases as well as plans and specs for the project for
the first Council meeting in October. Norm will check with DTED
to see if expenses incurred for replacing the existing sewer mains
is reimbursable to the City after the entire 1992-11A project has
been accepted for public financing. Councilman Berning asked
Gartner to get pricing on putting curbs along 60th Street when the
street is torn up for sewer main replacement.
The Council reviewed the letter from Gartner dated September
17, 1992, regarding alum usage at the wastewater plant. No action
was taken.
Thore reported that he has contacted the architect for the new
high school about the storm drainage ditch in front of the
building. Thore is waiting for the results of the measurements
from the surveyor and the architect.
Thore was asked to check into the retaining wall in the
Barthel Manor Second Addition.
ALBERTVILLE CITY COUNCIL
September 21,1992
Page 4 of 6
Thore was directed to check into the complaint from Mike
Heuring regarding the ditch at the County Work Building. He will
contact the County Engineer about the problem.
Mayor Walsh officially thanked Thore Meyer and Meyer-Rohlin,
Inc. for donating the topo map of the City Park and for the time
he donated to this effort.
Walsh, Berning and Norm Gartner will set up a meeting to
establish new sewer rates to be effective the first of the year.
Couri reviewed the $350,000 bond for the truck sanitary sewer
line he has negotiated for sale with four area banks. The bond
will be 12 years at a 5.7% interest rate. The City will assess the
actual cost of the project of $350,867, but the bond amount is
required to be rounded to the nearest $5,000 increment. The
closing for the bonds has been scheduled for September 30.
Potter made a motion to adopt RESOLUTION 1992-25 awarding the
sale of $350,000 General Obligation Bond 1992A. Barthel seconded
the motion. All voted aye.
Barthel made a motion to adopt RESOLUTION 1992-26 (DECLARING
THE OFFICIAL INTENT OF THE CITY OF ALBERTVILLE TO REIMBURSE CERTAIN
EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY)
for the replacement of existing sewer main in the amount of
$360,437.00. Potter seconded the motion. All voted aye.
Potter made a motion to adopt RESOLUTION 1992-27 (DECLARING
THE OFFICIAL INTENT OF THE CITY OF ALBERTVILLE TO REIMBURSE CERTAIN
EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY)
for the improvement of 50th Street NE in the amount of $295,305.00.
Vetsch seconded the motion. All voted aye.
Couri reported that the developer's agreement for Pysk's 5th
Addition is on hold until the developer decides if he wishes to
proceed based on the costs. Couri was reminded to be sure that
park dedication be included in the developer's agreement.
The developer's agreement for the Westwind 3rd Addition is
being drafted. The park dedication fee of $170 per unit will be
included in the agreement. The City will also address the problem
that the Fire Department does not have a ladder that will extend
up three floors. This matter must be addressed as well.
LeRoy Berning addressed the Council with the results of the
bids received on the park shelter renovations. Attorney Mike Couri
advised the Council that the City must receive a minimum of two
bids for each item bid. The low bids for the completion of the
project total $58,621.00. The Jaycees have pledged $20,000 to this
ALBERTVILLE CITY COUNCIL
September 21,1992
Page 5 of 6
project, the Lions have pledged $15,000 and the Council has agreed
to contribute $15,000 of the insurance proceeds to the new
building. Berning asked if the City would be able to spend the
additional $8,621.00 to allow the project to proceed. The Council
concurred that this amount could be taken from the TIF monies that
are to be spent. The Park Board volunteered to contribute the
$2,000 in their capital outlay budget toward the project if
necessary. The Council stated that the Park Board's budget would
not be used.
Mike Couri left the meeting at 10:00 PM.
Potter made a motion to accept all low bids in each category
in which there are two or more bids. The categories with only one
bid are excluded, i.e., ceiling, electrical, overhead garage,
heating and plumbing bids. Berning agreed to attempt to get at
least one more bid in each category that has only one bid by the
next Council meeting. Barthel seconded the motion. All voted aye.
Superintendent Mario DeMatteis showed the Council the proposed
boundary lines between the St. Michael -Albertville and the Elk
River School Districts. The Elk River School Board will meet
tomorrow to act upon the boundary changes.
Barthel made a motion to approve the Financial Statement for
the period September 3-15. Berning requested that Linda check into
the investments of the certificates of deposit that mature in
October for the Council to consider at the next meeting. Vetsch
seconded the motion. All voted aye.
Barthel made a motion to pay the bills as presented (Check
#6752-#6772). Vetsch seconded the motion. All voted aye.
Barthel made a motion to approve the amendment to the Joint
Powers Operating and Authorization Agreement at Paragraph C-4.a and
C-4.b as presented. Vetsch seconded the motion. All voted aye.
Berning questioned whether Joint Powers could be charging the
City for hydrant use for flooding the hockey rinks, Friendly City
Days, etc. Mayor Walsh and Councilman Barthel, the Joint Powers
representatives, explained that hydrants can be used by city
employees only without the hydrant charge applying. They
recommended that Linda notify Joint Powers when the City will be
using a hydrant. The Joint Powers requires that a back -flow
preventer valve be used on hydrants. The City may later consider
the purchase of its own back -flow preventer valve. Barthel made
a motion to adopt the Joint Powers Ordinance Concerning Water
Permits. Vetsch seconded the motion. All voted aye.
ALBERTVILLE CITY COUNCIL
September 21,1992
Page 6 of 6
Barthel made a motion to approve RESOLUTION #1992-28, entitled
RESOLUTION CONCERNING A CONSTITUTIONAL AMENDMENT TO CREATE A NEW
PROPERTY TAXPAYER'S TRUST FUND IN MINNESOTA. Vetsch seconded the
motion. All voted aye.
Barthel made a motion to reset the Truth in Taxation Hearing
for December 8, 1992, and the continuation of the hearing, if
necessary, for December 15, 1992, at 7:30 PM. Vetsch seconded the
motion. All voted aye.
The Council directed Linda to have Pat Krause, or another
representative from the Gruys, Borden & Carlson firm, attend the
next Council meeting to address the Council's concerns regarding
the cost of the 1991 audit report.
Linda informed the Council that Fire Chief Rick Wacker asked
to clarify that the Fire Department does not have problems with
rocks or shrubs around hydrants. The bigger danger or chance for
injuries to firemen, according to Wacker, is the flags attached to
the hydrants.
Linda informed the Council that Roger Kirsch has submitted a
price of $365 to install two ridgulators. The project will be line
itemed under Building/Plant maintenance.
Albert Barthel addressed the Council concerning the
maintenance department's equipment backed too close to the fire
trucks. The Council agreed to have the maintenance department move
the equipment back away from the fire truck and paint a line on the
floor to separate the two areas.
Potter made a motion to adjourn at 10:35 PM. Barthel seconded
the motion. All voted aye.
James A. Walsh, Mayor
Linda Houghton, Clerk
FILE:
M9-21-2
CITY OF ALBERTVILLE
PUBLIC HEARING
FACILITIES PLAN FOR 1992-11A IMPROVEMENT PROJECT
September 21, 1992
Albertville City Hall 7:00 PM
PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane
Berning, Donatus Vetsch, and Mark Barthel, City Engineers Thore
Meyer and Norm Gartner, City Attorney Mike Couri, City Clerk Linda
Houghton
Mayor Walsh called the public hearing to review the Facilities
Plan for the 1992-11A Improvement Project to order.
The audience present at this public hearing was Dean Spencer,
Clem Marx and Don Berning.
Engineer Norm Gartner reviewed the Facilities Plan with the
Council and the audience. Minor revisions to the preliminary plan
presented to the Council on September 14, 1992, were made at the
recommendation of the consulting engineering firm, James M.
Montgomery.
Gartner explained that the City has been discussing an
expansion to the wastewater treatment plant for the past four
months. In the 1992-11A Feasibility Study, four alternate plans
using the existing facility and expanding upon it were presented.
The Council evaluated the different alternatives in regard to cost,
ease of operation and operational expenses. The Council agreed to
pursue the Alternative IV -A, a modification of the Pretreatment -
Filtration -Clarification option. The filtration aspect of the
alternate selected has since been eliminated as unnecessary based
on the jar test results.
The proposed system consists of six floating aerators
installed in the first stabilization pond, allowing the wastewater
to flow through the three existing stabilization ponds. The water
will discharge into an alum mixing/storage building for treatment
before it passes through the clarifier. The sludge generated by
the clarification process will be pumped back into either pond cell
one or two. The final process before discharge to Mud Lake is the
ultra -violet disinfection process. The proposed expansion changes
the discharge frequency to Mud Lake from controlled to continuous.
This necessitates the installation of 24-hour composite samplers
at the influent and effluent points of the treatment facility. The
expansion increases the present wastewater capacity from 115,000
gallons per day to 315,000 gallons per day. The 200,000 gallon per
day increase is the maximum the City can go before the state's non -
degradation rules apply.
The City has also studied the existing collection system.
The lines were televised in the fall and winter of 1991. The
results showed cracks, breaks and blockage in some of the lines,
PUBLIC HEARING
FACILITIES PLAN 1992-11-A PROJECT
September 21, 1992
Page 2 of 3
allowing infiltration. The Council found it more cost effective
to replace about ten blocks of sewer mains than to continue to
treat the infiltration.
The estimated cost of this treatment alternative is $586,000.
The estimated user charge for the first year of operation is
estimated at $82,450. Within this estimated annual operation and
maintenance cost is a replacement reserve for equipment at the
wastewater treatment plant in the amount of $7,500.
Gartner advised the Council that in the future the Council
should consider if new industry constructing in the City should be
required to pretreat its wastewater prior to discharge into the
collection system.
Gartner explained that three major permits will have to be
received by the City for the project --from the MPCA for the
wastewater treatment facility expansion, and from the Minnesota
Department of Natural Resources and the US Army Corps of Engineers
for the relocation of the outfall line to a different discharge
point on Mud Lake.
Mayor Walsh stated for the audience in attendance that the
regular meeting of the City Council would follow this public
hearing.
Gartner reviewed Part VII--Reliability section of the
Facilities Plan with the Council. This pertains to how the system
could continue to operate when portions of the equipment
malfunction.
The Facilities Plan has been prepared by the City for the
purpose of attempting to secure public financing of the project.
The MPCA will. now review the plan. According to Gartner, he has
contacted MPCA at various points for input and MPCA appears to be
in agreement with the basic proposal.
Mayor Walsh called for public comments from the audience.
There were no questions or comments.
Potter made a motion to close the public discussion portion
of the public; hearing. Barthel seconded the motion. All voted
aye.
Vetsch made a motion to adopt RESOLUTION 1992-23, which
establishes the findings of fact regarding the Facilities Plan.
Potter seconded the motion. All voted aye.
Potter made a motion to adopt RESOLUTION 1992-24, approving
the Facilities Plan for the expansion of the wastewater treatment
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT
WHEREAS, a contract has been let and costs have been
determined for the installation of a sanitary sewer trunk main and
the construction costs for such improvements amount to $265,600.00
and the expenses incurred or to be incurred in the making of such
improvements amount to $85,267.00 so the total cost of the
improvement is $350,867.00;
NOW THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF
ALBERTVILLE, MINNESOTA:
1. The portion of the cost of such improvement to be paid, by the
City is hereby declared to be $0.00 and the portion of the
cost to be assessed against benefited property owners is
declared to be 100%, or $350,867.00.
2. The City Clerk, shall forthwith calculate the proper amount to
be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district
affected, without regard to cash valuation, as provided by
law, and she shall file a copy of such proposed assessment in
her office for public inspection.
3. The Clerk shall upon the completion of such proposed
assessment, notify the City Council thereof.
Adopted by the Albertville City Council this 5th day of
October, 1992.
Mayor
ATTEST:
City Clerk
b
TIP MONIES AVAILABLE FOR VARIOUS PROJECTS
The City has TIF monies in two TIF districts, TIF #5 and TIF
#3, which had been designated for projects that the City has
decided not to pursue as originally planned. The City can revise
the budgets in the two TIF districts, thus freeing the money to be
spent on projects that will benefit the City and make the City more
attractive to the business community.
TIF 03 has approximately $37,104.74 remaining to be spent, but
this money must be spent in 1992, as the district will be
decertified in December of 1992. TIF #5 has approximately
$91,252.70 remaining to be spent. This money can be spent over the
next few years if the Council so desires.
The City has scheduled a public hearing on October 14, 1992 to
consider the amendment of the budget for TIF #3 and #5. Prior to
the hearing, the Council should adopt a revised TIF budget for the
two TIFs so that the revised budgets can be considered at the
public hearing.
TIF monies can be used for the following purposes:
1. Acquiring property by purchase, lease condemnation or
otherwise;
2. Demolishing or removing structures or other improvements on
acquired properties;
3. Correcting soil deficiencies necessary to develop or use the
property for an appropriate development use;
4. Constructing or installing public improvements, including
streets, roads, and utilities;
5. Providing relocation benefits to the occupants of acquired
properties;
6. Planning, engineering, legal and other services necessary to
carry out the functions listed above;
7. Administrative expense of the project (not to exceed 10%).
8. Construction or renovation of parking structures (including
park & rides), a commons area used as a public park, or a
facility used for social, recreational, or conference purposes
and not primarily for conducting the business of the
municipality (i.e. community center).
Uses expressly prohibited include supplementing the general
budget of the municipality, and the acquisition, construction,
renovation, operation, or maintenance of a building to be used
primarily and regularly for conducting the business of a
municipality.
The basic intent of the TIF laws is to provide funds for a
municipality to attract and retain businesses through public
improvements (roads, utilities, parks, etc.) and improvements made
to specific properties on which the TIF businesses will be located.
The general rule is that an improvement that will benefit the
public directly and increase the attractiveness of the City to a
business is permissible under the TIF statutes.
DEVELOPER'S AGREEMENT
Westwind Third Addition
THIS AGREEMENT, entered into this day of October, 1992
by and between John Weicht, Paul Vincent, and School Street
Development Partnership, collectively referred to herein as
"Developer"; John George, Inc., Mortgagee ("Mortgagee"); and the
CITY OF ALBERTVILLE, 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, a portion of which parcels of
land are proposed to be subdivided and platted for development, and
which subdivision, which is the subject of this agreement, is
intended to bear the name "Westwind Third Addition" and may
sometimes hereinafter be referred to as the "Subject Property" or
"Said Plat"; and
WHEREAS, the Developer proposes to construct two seventy-five
unit apartment buildings upon the Subject Property; and
WHEREAS, the City has given preliminary approval of
Developer's plat of Westwind Third 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
including, but not limited to, sanitary sewer, water and storm
sewer be installed to serve the Subject Property and other
properties affected by the development of Developer's land, to be
financed by the Developer or through assessments levied upon the
Subject Property under Chapter 429 of Minnesota Statutes; and
WHEREAS, the City further requires that certain on- and off -
site improvements be installed by the Developer within the Subject
Property, which improvements consist of sod, trees, and other like
landscaping items, bituminous or concrete driveway approaches and
parking lot, drainage swales, berming, street signs, parking lot
lighting, street cleanup during project development, overflow storm
retention pond, and other site -related 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 development of the Subject Property;
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NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein
set forth, as follows:
1. Petition for Improvements. Developer herein petitions the
City to construct those improvements (hereinafter referred to
as "Petition Items") set forth in the Petition attached as
Exhibit "B", and as detailed in the Feasibility Study for
Westwind Third Addition, as prepared by Meyer-Rohlin, Inc.,
and dated 1992, attached hereto and marked
Exhibit "C", including all street and drainage grading.
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 relate to Petition Items as described in Exhibits "B"
and "C".
3. Petition Items.
A. The City may construct, at its discretion, all or a
portion of the Petition Items as shown on Exhibit "C"
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 related to the development of Westwind Third
Addition (as set out in paragraph nine below) as well as
the costs of the construction of petition items,
including legal, planning, fiscal, bonding,
administrative, engineering and other professional fees
relating to Westwind Third Addition, 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 City over a period of not more than twelve (12)
years.
B. Prior to the advertisement for bids by the City for the
construction of Petition Items, Developer shall provide
the City with evidence of good and marketable title to
all of Subject Property. Evidence of good and marketable
title shall consist of a Title Insurance Policy or
Commitment from a national title insurance company, or an
2
abstract of title updated by an abstract company
registered under the laws of the State of Minnesota.
4. Petition Items - Surety.
A. The Developer agrees to pay sufficient amounts of special
assessments each year, if not already paid in prior
years, for properties lying within Said Plat to enable
the City to pay any debt service payments incurred as a
result of the development of the subject property and
construction of the Petition Items, including principal
and interest, as such payments come due. 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 irrevocable 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 said delinquent special assessments.
B. The Developer shall provide the City with cash, approved
irrevocable letter of credit or other satisfactory surety
in the amount of $ , representing
twenty-five percent (25%) of the estimated total
assessment resulting from the Petition Item improvements.
The said twenty-five percent (25%) surety is the
guarantee referred to earlier in this section that
sufficient revenue is annually produced by the payment of
special assessments to enable the City to pay the
required debt service payment. 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 or for other purposes
as enumerated elsewhere in this agreement.
5. On and Off -Site Improvements/Escrow Items• Surety
A. Developer shall perform all on- and off -site improvements
including installation of sod on all unimproved portions
of the plat, front -yard trees, berming upon all
boundaries of Said Plat bordering single family uses,
said berming to consist of raised soil and tree plantings
3
substantially similar to that installed in the
multifamily lot immediately to the East of Said Plat,
grading control, bituminous or concrete driveway
approaches, drainage swales, street and site cleanup
during project development, erosion control and
installation of a storm water retention pond (if not
constructed by City), all as detailed in attached Exhibit
"D".
B. Developer shall, at its own expense, cause the following
items to be installed within the development, all such
items to be installed under ground, within the street
right of way, accessible to all lots and in compliance
with all applicable state and local regulations:
i. Electrical power supply, to be provided by Northern
States Power or other such carrier;
ii. Natural gas supply, to be provided by Minnegasco or
other such carrier;
iii. Telephone service, to be provided by United
Telephone Company;
iv. Cable television service, to be provided by
Cable Company or other such
carrier.
In addition, the Developer shall, at its own expense,
cause street lights and street signs to be of such type
and to be installed at such locations as approved by the
City Engineer.
C. For those improvements listed in Paragraph 5A and 5B
above, which improvements to the Subject Property shall
be referred to herein as "Escrow Items", Developer will
provide the City with cash, irrevocable letter of credit
or other satisfactory surety in the sum of $
which represents 25% of the estimated cost of the
installation and completion of Escrow Items. The said
surety shall be a guaranty to the City that the
construction and completion of the Escrow Items by the
Developer, to the City's satisfaction, will be completed
on or before June 30, 1994. If not so completed, the
Developer hereby authorizes the City to enter upon Said
Plat and complete said improvements using funds withdrawn
from the surety required by this paragraph.
D. That portion of said cash, irrevocable letter of credit,
or other surety with respect to the performance of on-
0
and off -site improvements shall be released upon
certification of the City Engineer and approval of the
City Council 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
Escrow Items which have been fully completed and payment
made therefor. The City's cost for processing reduction
request(s) shall be billed to the Developer. Such cost
shall be paid to the City within thirty (30) days of the
date of mailing of the billing.
6. Surety Release.
A. The developer may request of the City a reduction or
release of any surety provided for in conjunction with
the Petition Items (described in Exhibits B and C) and
on- and off -site improvements (listed in paragraph five
above) as follows:
i. When another acceptable surety is furnished to the
City to replace a prior surety.
ii. 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 amount of the
project.
iii. No reduction shall be made which would result in
the surety held being less than thirty-five percent
(35%) of the original surety until the final costs
are known.
iv. The Developer may petition the City Council for a
reduction or release of that portion of the surety
attributable to the Petition Items at such time as
both 75-unit apartment buildings are constructed
and both are leased at a minimum occupancy rate of
eighty-five percent (85%). The City Council may
consider such a request, but the Council shall have
the right to deny such request in the exercise of
its discretion.
B. The City's cost for processing reduction request(s) shall
be billed to the Developer. Such cost shall be paid to
the City within thirty (30) days of the date of mailing
of the billing.
5
7. Surety Deficiency. In the event that any cash, irrevocable
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 thirty (30) 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 costs and expenses
related to 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 related to
planner's fees, attorney's fees, professional review, drafting
of this Agreement, preparation of the feasibility report,
plans and specifications, and any other expenses undertaken in
reliance upon Developer's various assertions shall be paid by
said Developer within thirty (30) days after receipt of a bill
for such costs from the City. In addition, in the event the
Developer abandons the project, in whole or in part, ceases
substantial field work for more than nine (9) months, of fails
to provide sufficient ground -cover to prevent continuing soil
erosion from the Plat, Developer agrees to pay all costs the
city may incur in taking whatever action is reasonably
necessary to provide ground -cover and otherwise restore Said
Plat to the point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent
continuing soil erosion from the Platted properties. In the
event that said costs are not paid, the City may withdraw
funds from any of the above -mentioned escrow funds for the
purpose of paying the costs referred to in this paragraph.
9. Developer To Pay City's Costs and Expenses. It is understood
and agreed that the Developer will reimburse the City for all
administrative, legal, and professional costs incurred in the
creation, administration, enforcement or execution of this
Agreement, and that these costs shall be added to the costs of
construction of petition items and assessed against the
subject property according to the terms of paragraph three
above.
N.
10. Erosion and Siltation Control.
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 construction. The
financial guarantee for this purpose shall be the same
surety as described in paragraph five above. No portion
of this surety shall be returned until all disturbed
areas have permanent vegetation re-established.
B. All erosion control measures recommended by the City
Engineer shall be strictly complied with as set forth in
Exhibit "E", which is hereto attached and herein
incorporated by reference.
C. Developer shall cause to be constructed upon the Westerly
portion of Said Plat a detention for run off of storm
waters from the developed plat. Said pond shall conform
with all requirements set forth by the City as shown in
Exhibit "F", attached hereto and herein incorporated by
reference. Developer shall comply with all requirements
concerning length of time of water retention, design of
the pond and location and size of outlets. Developer
shall so contour the land such that the pond stores storm
water prior to its drainage into the ditch adjacent to
County Road 37. Said pond shall not be dedicated to the
City, and Developer or his successor in title to Said
Plat agree to maintain the pond in good repair.
11. Maintain Public Property Damaged or Cluttered 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 watermain), 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 clean up, maintain or repair
the damaged public property mentioned above, the City shall
provide the Developer with a Notice of its intent to clean up,
repair, or maintain such public property. Developer shall
have thirty (30) days from the date of mailing of such notice
7
to effect such clean up, repair or maintenance of said public
property to the satisfaction of the City Council. In the
event that Developer fails to so clean up, repair or maintain
said public property, the City may undertake making or causing
it to be cleaned up, repaired or maintained. When the City
undertakes such activity, the Developer shall reimburse the
City for all of its expenses within thirty (30) days of its
billing to the Developer. If the Developer fails to pay said
bill within thirty (30) days, funds sufficient to pay the bill
may be withdrawn by the City from either surety described
above.
12. Temporary and Permanent Easement Rights. Developer shall
provide access to the Subject Property at all reasonable times
to the City or its representatives for purposes of inspection
or to accomplish any necessary work pursuant to this
agreement. Developer agrees to provide the City with any
easements, temporary and permanent, as may be necessary to
install the Petition Items and, if necessary, the on- and off -
site improvements described above.
13. Miscellaneous. Developer agrees that all items listed in this
section are items for which it is responsible for completing
and all work shall be done at Developer's expenses:
A. Developer shall comply with all requirements set forth
for drainage into any county ditch through which water
from Subject Property may drain, and shall make any
necessary improvements or go through any necessary
procedures to ensure compliance with any federal, state,
county or city requirements, all at Developer's expense.
B. 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 portion of this Contract.
C. If building permits are issued prior to the completion
and acceptance of public improvements, the Developer
assumes all liability and the costs resulting in 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.
D. 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
8
of the City Council. The City's failure to promptly take
legal action to enforce this Contract shall not act as a
waiver or release.
E. This Contract shall run with the land and may be recorded
against the title to the property.
F. The Developer shall provide "As-Builts" of all ponds,
water and sewers lines, gas pipelines, electrical, cable
and phone installations.
G. The parties acknowledge that the City's wastewater
treatment plant is near capacity, that the City is
currently in the process of expanding its wastewater
treatment facility, and that the Minnesota Pollution
Control Agency ("MPCA") will not permit additional
hookups to the Albertville sewer system until such time
as the City has expanded its wastewater treatment plant
capacity. While expansion of the wastewater treatment
plant capacity is expected to be completed in mid -summer
of 1993, Developer and Mortgagee acknowledge that there
may be unexpected delays in the completion of said
expansion, which in turn may delay hookup of Developer to
the City sewer system or may delay permits issued by the
MPCA. Developer and Mortgagee agree to hold the City
harmless from any loss incurred by Developer, its
successors or assigns, or Mortgagee as a result of delays
which may occur in the completion of said plant capacity
expansion, provided the City acts in good faith in
pursuing the completion of said expansion.
14. 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 may become
null and void prior to the time at which all monetary or other
obligations of the Developer are 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
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. Such irrevocable letter of credit must contain a
provision requiring the issuer of the letter of credit to
notify the City within sixty (60) days prior to the expiration
of said irrevocable letter of credit. The form of said
irrevocable letter of credit shall be approved by the City
Attorney prior to its issuance.
9
15. Violation of Agreement.
A. In the case of default by the Developer, its successors
or assigns, of any of the covenants and agreements herein
contained, the City shall give Developer thirty (30) days
mailed notice thereof, and if such default is not cured
within said thirty (30) day period, the City is hereby
granted the right and privilege to declare any
deficiencies governed by this Agreement due and payable
to the City in full. The thirty (30) day notice period
shall be deemed to run from the date of deposit of said
notice in the United States Mail. The City may thence
immediately and without notice or consent of the
Developer use all of the deposited escrow funds,
irrevocable letter of credit or other surety funds to
complete the Developer's Petition Items or on- or off -
site improvements, and to bring legal action against the
Developer to collect any sums due to the City pursuant to
this Agreement, plus all costs and attorney's fees
incurred in enforcing this agreement.
B. The notice provision of Paragraph 15(A) shall not apply
to any acts or rights of the City under paragraph 14
above, and no notice need be given to the Developer as a
condition precedent to the City declaring a default or
drawing upon the expiring irrevocable letter of credit as
therein authorized. The city may elect to give notice to
Developer of City's intent to draw upon the surety
without waiving the City's right to draw upon the surety
at a future time without notice to the Developer.
C. Breach of any of the terms of this Contract by the
Developer shall be grounds for denial of building
permits.
16. Park Dedication Requirement.
The Developer agrees to pay park dedication fees of $170.00
per dwelling unit for which plat approval is given. Under the
Developer's plans as of the time of the signing of this
document, Developer will be required to pay $25,500.00
($170.00 x 75 dwelling units per building x 2 buildings).
Payment of these amounts shall fulfill Developer's park
dedication requirements.
17. Phased Development. If the plat is a phase of a multi -phased
preliminary plat, the City may refuse to approve final plats
of subsequent phases until public improvements for all prior
phases have been satisfactorily completed. Development of
subsequent phases may not proceed until Development Contracts
10
for such phases are approved by the City. Approval of this
phase of the Development shall not be construed as approval of
future phases nor shall approval of this phase bind the City
to approve future Development phases. All future Development
phases within said Plat shall be governed by the City's
Comprehensive Plan, Zoning ordinance, Subdivision ordinance,
and other ordinances in effect at the time such future
Development phases are approved by the City (this provision
applies only to that plat known as Westwind Third Addition,
and shall not act to bind future plat additions to the
Westwind development). Developer acknowledges that it must
obtain the necessary approval from the City relating to
building design and specifications, and that this agreement
shall not be construed as granting such approval.
18. Indemnity. Developer shall hold the City and its officers and
employees harmless from claims made by itself and third
parties for damages sustained or costs incurred resulting from
plat approval and development. 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's fees. Third parties shall
have no recourse against the City under this contract.
19. Developer Personally Bound by Contract. Those parties signing
on behalf of Developer (and the Developer, if the Developer is
a different entity than said parties) shall be personally
liable for the fulfillment of all obligations under this
Contract. The obligations of the Developer (and the parties
signing on behalf of Developer) under this Contract cannot be
assigned without the express written consent of the City
Council through Council resolution.
20. Attorney's Fees. The Developer will pay all reasonable
attorney's fees incurred by the City and as fixed by the Court
in the event a suit or action is brought to enforce the terms
of this Agreement. The Developer will also pay all reasonable
attorney's fees incurred by the City in the event an action is
brought upon a bond or letter of credit furnished by the
Developer as provided herein.
21. Mortgagee's Consent. Mortgagee hereby consents to the terms
of this agreement and its Exhibits, including but not limited
to the assessment of the costs of Petition Items against Said
Plat, but nothing in this agreement shall be construed as
requiring Mortgagee to personally assume any of the
obligations of Developer arising from this agreement.
22. Notification Information. Any notices to the parties herein
shall be in writing, delivered by hand (to the City Clerk for
the City) or registered mail (addressed as follows) to the
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following parties:
City of Albertville
c/o City Clerk
P.O. Box 131
Albertville, MN 55301
Telephone: (612) 497-3384
John George, Inc.
7535 N.E. River Road
Elk River, MN 55330
Telephone (612) 441-3700
School Street Development Partnership
c/o John Weicht
P.O. Box 368
Elk River, MN 55330
Telephone (612) 441-4112
23. Agreement Effect. 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 Clerk
DEVELOPER,
School Street Development
Partnership
By:
By:
12
Individually
Individually
MORTGAGEE,
John George, Inc.
President
Secretary
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1992, by Jim Walsh, Mayor
of the City of Albertville, a Minnesota municipal corporation, on
behalf of the city and pursuant to the authority of the City
Council.
otary Public
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1992, by Linda Houghton,
13
Clerk of the City of Albertville, a Minnesota municipal
corporation, on behalf of the city and pursuant to the authority of
the City Council.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1992, by John Weicht,
individually and as general partner of School Street Development
Partnership.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1992, by Paul Vincent,
individually and as general partner of School Street Development
Partnership.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1992, by John Darkenwald,
of John George, Inc.
14
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1992, by George Yankoupe,
of John George, Inc.
Notary Public
15
EXHIBIT A
WESTWIND THIRD ADDITION
Legally Described as:
That part of the Southeast Quarter of Section 35, Township 121,
Range 24, Wright County, Minnesota, lying south of the Burlington
Northern Railroad, described as follows: Beginning at the
southwest corner of Lot 1, Block 1, Westwind, according to the plat
thereof on file and of record in the office of the County Recorder,
Wright County, Minnesota; thence S 15 21" loll W, plat bearing,
along the west line of Lot 2, Block 1 of said Westwind, a distance
of 211.00 feet to the southwest corner of said Lot 2, Block 1;
thence N 74 03' 45" W, a distance of 224.00 feet; thence N 84 54'
00" W, a distance of 363.50 feet; thence N 0 16' 43" E, a distance
of 356.00 feet; thence N 7 45' 35" E, a distance of 116.66 feet;
thence N 24 00' 00" E, a distance of 195.00 feet; thence N 29 11'
06" E, a distance of 83.00 feet to the southerly right of way line
of Burlington Northern Railroad; thence S 60 48' 54" E, along said
right of way line, a distance of 730.00 feet to the northeasterly
extension of the west line of said Lot 1, Block 1; thence S 28 49'
50" W along said northerly extension and along the west line of Lot
1, Block 1, a distance of 293.00 feet to the point of beginning.
Containing 9.44 acres and subject to the right of way of Wright
County State Aid Highway No. 37 over the northeasterly 66.00 feet
thereof.
16
EXHIBIT B
CITY OF ALBERTVILLE
WESTWIND THIRD ADDITION
Petition For Local Improvement and Agreement To Be Assessed
John Weicht, Paul Vincent, and School Street Development
Partnership, collectively referred to herein as "Developer", owners
of 100% of the property known as Westwind Third Addition and
described in Exhibit "A" to the Developer's Agreement between
Developer and the City of Albertville, said property situated in
the County of Wright, State of Minnesota, hereby petition that the
above described property be improved and be assessed 100% of the
cost of the improvements, including construction costs, engineering
fees, bonding fees and expenses, attorney's fees, and other costs
incurred by the City of Albertville relating to the improvements to
the above described property, consisting of installation of
municipal water facilities, sanitary sewer facilities, storm sewer
facilities, storm water detention ponding, and other such
improvements to the land carried out by the City of Albertville.
Further, it is understood by and between the Developer and the
City of Albertville that the construction improvements will benefit
the property. The benefit to the property will be greater than the
construction costs as set out above.
Further, Developer hereby waives any objection to being
assessed 100% of the cost of the project against the above
described property.
Developer hereby waives its right of appeal to the District
Court herein, pursuant to Minnesota Statute 429.081.
Further, the spreading of the assessment against the above
described property shall be in the best interest of the City of
Albertville. The assessment shall be against the above described
property as a whole. However, if mutually agreed, a division of
assessment may be made against the property with the consent of the
Developer herein and the City of Albertville.
Developer will submit to the City of Albertville a bond or
irrevocable letter of credit in an amount to be determined by the
City Council prior to the signing of a Developer's Agreement
between the Developer and the City. The bond or irrevocable letter
of credit shall be approved by the City Attorney and submitted to
the City Council to insure that the assessments are paid each and
every year when due and payable.
Further, Developer, for value received, guarantees the payment
of the assessment due and payable in each and every year or at any
time thereafter, and hereby agrees and consents to all of the
stipulations contained herein.
17
Further, Developer agrees to provide the City with any
easements, temporary and permanent, as may be necessary to install
the above described improvements.
Dated
. 1992
School Street Development Partnership,
By: John Weicht
By: Paul Vincent
Individually,
John Weicht
Paul Vincent
This petition is hereby consented to in all respects by John
George, Inc.
President
Secretary
18
Feasibility Study
EXHIBIT C
19
EXHIBIT D
On- and off -site improvements.
20
Erosion Control Plan
EXHIBIT E
21
EXHIBIT F
Specs for storm water detention pond
22
CITY OF ALBERTVILLE
FINANCIAL STATEMENT
September 16 - September 29, 1992
Beginning Cash Balance September 16, 1992
INCOME (Sept. 16 - Sept. 29)
Building Permits
1,119.98
Dog Licence
10.00
Reimbursement - SecBankNW
564.39
SAC Fee
775.00
Sewer Receipts
458.41
Special Assessments
2,294.32
Storm Water Receipts
112.21
Title Search
40.00
TOTAL INCOME
EXPENSES (Sept. 16 - Sept. 29)
Check #'s 6752 -- 6772 6,079.83
(Approved 9/21/92)
Check #6773 - Snow Plow 1,100.00
PAYROLL
9/9
- 9/22
--. Check
#
6774 -
Ann
492.17
Check
#
6775 -
Linda
824.59
Check
#
6776 -
Ken
747.70
Check
#
6777 -
PERA
329.93
Check
#
6778 -
Mike
578.59
Check
#
6779 -
Fed.
952.66
TOTAL EXPENSES
Ending Cash Balance September 29, 1992
INVESTMENTS:
5,375.50
11,105.47
CD
#8288
Sewer -
matures
10/9/92 @
6.0%
CD
#8684-Sewer -
matures
10/9/92 @
5.25%
CD
#8685
(GF) -
matures
10/9/92 @
5.250
CD
#7640
(Lions)
- matures
10/16/92
@ 5.25%
CD
#8286-Sewer -
matures
10/10/92 @
7.25%
CD
#8289
(GF) -
matures
10/10/92 @
7.25%
CD #8579 - matures 12/29/92 @ 4.50
TOTAL INVESTMENTS
$183,678.42
$177,948.45
309,872.88
267,500.00
267,500.00
40,537.19
518,125.00
518,125.00
153,739.73
$2,075,399.80
CITY OF ALBERTVILLE
BILLS TO BE PAID
October 5, 1992
Check
No. Vendor
Reason
Amount
6780
Albertville Fire Dept
State Fire Aid
6,776.00
6781
Alexandria Tech. College
House Burn
500.00
6782
Am. National Bank
Bond 2/1/89
232.43
6783
ANderson, Sharon
Pk Bd Jul -Sep
105.00
6784
Barthel, Mark
Sept Council
109.29
6785
Berning, Duane
Sept Council
143.14
6786
Berning, LeRoy
P&Z Jun -Sep
75.00
6787
Brandt, Merlyn
Patch sts.
92.35
6788
Creighton, Barb
Pk Bd Apr -Jun
45.00
6789
Diversified Insp Srvcs
Bldg. Inspections
4,873.48
6790
Barthel, Elizabeth
Park Refund
15.00
6791
Farris, James
Patch Sts
87.73
6792
Front Line Plus
F.D. Equip
82.44
6793
General Rental
Asphalt Roller
233.24
6794
Haller, Thomas
P&Z Jun -Sep
90.00
6795
Harry`s Auto Supply
Repair Toro
6.63
6796
Harvest Printing
Election Ballots
127.51
6797
Hoglund Bus Co.
Plow Truck
9,089.50
6798
Holiday Inn
Mike-WWT Seminar
120.45
6799
Jack's Small Engine
Repair Toro
51.15
6800
Latour Construction
Casting Cover
87.00
6801
Long Haul Trucking
Rotate tires
22.00
6802
MN Pollution Control
Mike-WWT Seminar
70.00
6803
MN State Treasurer
Mike-WWT Certif.
15.00
6804
NSP
Sept. elec.
2,166.22
6805
Omann Bros.
St. repairs
810.73
6806
P£RA
Vetsch-DCP
13.50
6807
Pitney Bowes
Pstg Meter Rent
38.00
6808
Potter, Mike
Sept Council
106.20
6809
Radawill Law Office
Sept legal fees
2,717.00
6810
Roden, Pam
Pk Bd Jul -Sep
45.00
6811
Scharber & Sons
Shop tools
72.52
6812
Spencer, Dean
Pk Bd Apr -Sep
60.00
6813
United Telephone
Sept billing
218.15
6814
Vetsch, Donatus
Sept Council
117.92
6815
Vetsch, Marvin
Pk Bd Apr -Sep
60.D0
6816
Walsh, James
Sept Council
272.43
6817
Wright County Sheriff
Aug. Police Prot.
2,372.50
6818
Wright County Treas.
2nd Half Taxes
3,271.82
6819
Culley, Ann
Comp time - 60 hrs
382.55
6820
Kirscht, Roger
Fire Barn vents
.365.00
TOTAL
36,138.88
ADDITIONAL BILLS TO BE PAID
OCTOBER 5, 1992
3RD QUARTER 1992 REPORTS
IRS $10.87
STATE INCOME TAX 177.78
SURCHARGE 439.15
TOTAL ADDITIONS $627.80
REVISED 10/5/92 TOTAL $36,766.68
COMP TIME REPORT
MIKE RUTKOWSKI
For Period July 1 - September 29, 19921
Extra
Comp
Comp
Balance
Date
Hours
Worked
Reason
Time
Earned
Time
Taken
Remain -
ing
Hrs.
Accumulated
Prior to July 1, 1992
25.5
7/7
Check Pumps
4.5
30.0
7/14
(7/13)
Pump leak
1.5
(7/13)
Influent Sampler
1.5
8
25.0
7/21
(7/15)
Sample Containers
1.5
(7/20)
Influent Sample
1.5
11.5
16.5
7/28
Check Pumps
3.0
(7/27)
Discharge Samples
1.5
8
13.0
8/4
Check Pumps
3.0
16.0
_ 8/11
Check Pumps
3.0
19.0
8/18
(8/15)
Check Pumps
1.5
(8/17)
Lift Station Alarm
1.5
22.0
8/25
Check Pumps
3.0
(8/20)
Park Board Meeting
1.5
26.5
9/1
(8/27)
Catch dog
.5
Check Pumps
3.0
30.0
9/ 8
Check Pumps
4.5
(9/8)
Check Pond Pump
1.5
36.0
9/15
(9/9)
Sign
,25
(9/9)
Pond Pump
1.5
(9/10)
Pond Pump
1.5
39.5
9/22
(9/17)
Park Board Meeting
1.5
Check Pumps
3.0
44.0
COMP TIME REPORT
ANN CULLEY
July 1 - October 5, 1992
Date
Reason
Earned
Taken
Balance
6/30
51.00
7/20
8.0
43.00
7/23
City Hall
.75
43.75
8/7
City Hall
1.5
45.25
8/10
8.0
37.25
8/11
P&Z Meeting
3.75
41.00
8/20-25
City Hall
9.0
50.00
8/25
P&Z Meeting
6.0
56.00
8/26/91
City Hall
9.75
65.75
--� 9/8
P&Z Meeting
1.5
67.25
9/9
City Hall
2.25
69.50
9/18
City Hall
1.5
71.00
9/24
2.0
69.00
9/28
City Hall
1.5
70.50
10/5
Paid 60 hours
60.0
10.5
COMP TIME REPORT
KEN LINDSAY
For Period July 1 - September 29, 1992
Extra
Comp
Comp Balance
Date
Hours
Workers
R
aann
Time
Earned
Time Remain -
Taken i a
Hrs.
Accumulated Prior
to
July 1,
1992
105.75
7/7
City
Council
Meeting
1
106.75
7 / 14
Check
pumps
4
110.75
7/21
(7/20)
City
Council
Meeting
1
(7/18&19)
Check
Pumps
3
( 7/16 )
Park
Board
1
115.75
8/4
City
Council
Meeting
1
116.75
8/18
Check
Pumps
1.5
118 25
9/8 City Council Meeting 1 119.25
9/15 (9/9) Signs .25
(9/12&13) Check Pumps 3
(9/15) City Park 1.5 124.0
n
1992 COMP TIME REPORT
LINDA HOUGHTON
Extra
Comp
Comp
Balance
Week
Hours
Time
Time
Remain -
Ending
Worked
Reason
Earned
Taken
in
1/3
(2)
2.5
(3)
8.0
33.75
1/10
5.0
(6) CC Meeting
7.5
3.0
(7) Pay Equity
4.5
2.5
(8) City Hall
3.75
(9)
3.0
(10)
5.0
41.50
1/17
5.5
(13) CC Meeting
8.25
2.0
(15) Mtg/Frankfort
3.0
(16)
1.0
51.75
1/24
3.0
(21) CC Meeting
4.5
5.0
(22) WW3/Pay Equity
7.5
(23)
2.5
61.25
1/31
4.0
(28) Committee
6.0
(30)
2.5
64.75
2/7
5.0
(3) CC Meeting/
7.5
Property Owners
(6)
4.0
(7)
8.0
60.25
2/14
3.5
(10) Sewer Tapes
5.25
(11)
3.0
62.5
2/21
4.0
(17) CC Meeting
6.0
(20)
4.5
64.0
2/28
2.0
(26) Special CC
3.0
(27)
2.0
65.0
3/6
4.0
(2) CC Meeting
6.0
71.0
3/13
1.5
(9) City Hall
2.25
(10)
4.5
68.75
3/20
2.5
(17) Special CC
3.75
72.5
4/10
4.75
(6) CC Meeting
7.0
3.0
(7) Primary
4.5
84.0
4/16
3.0
(13) Closed Meeting
4.5
(17)
8.0
3.0
(20) CC Meeting
4.5
900
1.0
(21) PCA Meeting
1.5
86.5
4/28
2.75
(28) Board/Review
4.0
90.5
5/5
2.5
(29) Audit Mtg
3.75
(30)
4.0
3.25
(4) CC Meeting
4.75
2.0
(5) Otsego Mtg.
3.0
98.0
5/12
3.75
(11)Special Mtg.
5.5
103.5
5/19
3.0
(13) Draiange Mtg
4.5
1.0
(14) City Hall
1.5
(15)
2.5
5.5
(18) Cont.Brd/Rev
CC Meeting
1.0
(19) Park Board
1.5
116.75
5/26
(20)
4.0
112.75
6/2
3.0
(28) Work Mtg
4.5
4.0
(1) CC Meeting
6.0
1.75
(2) Otsego Mtg.
2.5
125.75
6/9
(4)
4.5
(8)
8.0
(9)
8.0
105.25
6/16
5.0
(15) CC Meeting
7.5
112.75
6/23
(22)
2.5
3.0
(23) 50th Street
4.5
114.75
6/30
(25)
3.0
111.75
7/7
3.5
(6) CC Meeting
5.25
117.0
7/14
3.0
(9) City Hall
4.5
(10)
4.0
4.0
(13) Special Mtg.
6.0
123.5
7/21
4.75
(20) Closed Mtg.
Mtg/Middleton
CC Meeting
7.0
130.5
7/28
1.5
(23) STM Fire Dept
2.25
132.75
8/4
(31)
2.0
3.5
(3) CC Meeting
5.25
136.0
8/11
(7)
8.0
3.75
(10) Special Mtg.
5.5
2.5
(11) Ackerman
3.75
137.25
8/18
1.25
(12)
Attorney
1.75
5.0
(17)
CC Meeting
7.5
146.5
8/25
(20)
8.0
138.5
9/1
(28)
8.0
1.25
(1)
STM Fire Dept
1.75
132.25
9/8
4.0
(8)
CC Meeting
6.0
138.25
9/15
3.5
(14)
50th St. Mtg.
5.25
7.5
(15)
Primary Elec.
11.25
154.75
9/22
(16)
2.0
(18)
8.0
4.25
(21)
Facilities/CC
6.25
2.5
(22)
Ackerman/Budget
3.75
154.75
.. , JN-rY p�
i
= m
l�67
7855
Wyman A. Nelson
County Attorney
Thomas N. Kelly
Chief - Criminal Division
Brian J. Asleson
Chief - Civil Division
Dear Mayor Walsh:
WRIGHT COUNTY
Office of County Attorney
Wright County Government Center
10 N. W. 2nd Street
Buffalo, Minnesota 55313-1193
Phone: (612) 682-7340 Metro: (612) 339-6881
Toll Free: 1-800-362-3667 Fax: (612) 682-6178
21 September 1992
Assistants
Anne L. Mohaupt
Thomas C. Zins
Debra J. Kultala
Terry Frazier
Kathleen A. Mottl
"I love violence. Violence is cool". That was the most common refrain of nearly 10,000 kids
who responded to the Star Tribune about how they feel about violence on television and in
the movies. One of the Star Tribune's writers wrote. "Freddie Kruger and Jason seem to be
as familiar to this generation as Santa Claus and the Easter Bunny". Undoubtedly, you are
also familiar with this phenomenon.
The electronic media have an incredible potential to enrich our lives, educate us and bridge
gaps between generations, races and cultures. It is unfortunate, however, that rarely do they
strive toward this potential, for it doesn't seem to sell as well as the Freddie Kruger's of the
world. Of course there are a myriad of influences that shape violent attitudes and behaviors
in addition to the electronic media, but its influence can no longer be denied. The increasingly
violent images portrayed on television, in movies and in music present violence as an
acceptable form of conflict resolution, demonstrating power, expressing emotion.
On July 31, 1991, the Minnesota Crime Prevention Officers Association launched a campaign
to rally communities through a project called "TURN OFF THE VIOLENCE". All of the law
enforcement agencies of Wright County, as well as the Wright County Board, and other
institutions, have endorsed this Project and have contributed financially to its success. We
encourage you to join our efforts as well.
Enclosed, please find information detailing the campaign. On October 15, 1992, citizens from
across Minnesota will use their individual power to choose to turn off violent television
programs, not listen to violent music, not rent violent videos, and not go to violent movies.
We hope you will support our efforts.
In preparation for this event, copies of an educational kit are being distributed to schools that
can be used to teach students in kindergarten through the 8th grade. The goal of the kit is
to present the side of the story that isn't often seen on television or in movies --the side of the
story that teaches that violence is neither ordinary or acceptable, and that there are positive,
safe and legal ways of resolving conflict, expressing emotion and being entertained.
PAGE TWO
21 September 1992
If you share our concerns and are interested in joining our efforts, here are a few ideas we
encourage you to implement in your own community:
1. As the Mayor of your city, designate the week of October 1 1 th as "TURN OFF
THE VIOLENCE" week.
2. Talk to your local publisher and see if your actions can be publicized.
3. Urge other community organizations to join in the "Turn Off the Violence"
campaign.
4. Duplicate the enclosed brochure as needed and have it available to your City
offices.
Thank you for taking the time to find out what "TURN OFF THE VIOLENCE" is all about. As
a leader in your community, we hope that you take a proactive effort to Turn Off the Violence
and join us as a sponsor. No longer can we ignore the pervasive violence in our communities.
Working together, we can make a difference!
Wyman A. Nelson
Wright County Attorney
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Ehlers and Associates, Inc.
L E A D E R S I N P U B L I C F I N A N C E
September 4, 1992
Linda Houghton
Albertville Clerk —Treasurer
207 Meadowlark Road
St. Michael, MN 55376
I enjoyed visiting with you again and would like to meet with you and the
Council to tell you more about the services we can offer. I'll call you early
next week to set up a meeting.
Enclosed are materials which highlight some of our services. Ehlers and
Associates, offers more than just the ability to sell bonds. As I told you
earlier, our philosophy and service differ from our competitors, and I look
forward to the opportunity to show you how we can help Albertville reach its
goals. We emphasize the importance of early planning and authorization as
well as the marketing of bonds and pride ourselves on our flexibility in
tailoring our services to our clients' needs.
I wish you the best of luck in your efforts to expand
opportunities in the City. We know that we can help
you have any questions or need any more information,
call.
Respectfully,
EHLERS AND ASSOCIATES, INC.
kil
l>
Robert Ehlers, Jr.
RE:nl
the economic development
you in your efforts. If
please do not hesitate to
OFFICES IN MINNEAPOLIS, MN . BROOKFIELD, WI . JAMESTOWN, NO
2950 Norwest Center • 90 South Seventh Street • Minneapolis, MN 55402-4100 •612-339-8291 • FAX 612-339-0854
Courtesy of Ehlers and Associates, Inc. Independent Financial Advisors
507 Marquette Avenue. Minneapolis. Minnesota 55402. Telephone: (612) 339-8291.
Point of View
Competitive deal best route
to low rate
By ROBERT L. EHLERS
SHOULD BOND ISSUERS solicit bids,
letting competition set rates, or negotiate
deals, selecting an exclusive buyer at privately
agreed rates?
Underwriters argue — and they've man-
aaged to persuade most
sellers of municipal
bonds — that nego-
tiated sales are best.
But competitive bond
sales traditionally have
been, and still are, the
way to secure the lowest
interest rate.
Let's examine un-
derwriters' arguments
in favor of negotiated sales, and then the
facts.
Argument: The underwriter, by gauging the
bond market before a negotiated sale, can best
determine what interest rates should be.
Fact: The issuer may think he's getting a
bargain when the underwriter, after testing
the market, comes back with a rate that's, say,
0.25% below the initial "fat" estimate.
That means nothing. Interest rates can vary
by 0.5% or more, even in a competitive en-
vironment!
Argument: The issuer can better "control"
the interest rates paid for bonds.
Fact: The underwriter, with superior
knowledge, has no obligation to educate the
issuer. Any issuer who believes he's in control
should re-examine his thinking. Remember:
• The issuer is a seller. An underwriter
wants to buy an issuer's bonds, and buy
cheaply.
• The seller is in the market infrequently.
• If the seller, through an underwriter,
offers the lowest price he's willing to ac-
cept for the bonds, he leaves no room to
negotiate a better price.
City & State. April 1987
Argument: Bankers know investors' wants.
Fact: Underwriters do indeed know the in-
vestor. Here lies the conflict for the investment
banker: Whose interest predominates — the is-
suer's desire for a high price or the investor's and
underwriter's interest in a low price?
Argument: An underwriter can develop an
aftermarket, giving investors more liquidity.
Fact: Irrelevant! The issuer is concerned only
with the terms and price at the point of sale.
Argument: Underwriters can develop new
financing ideas.
Fact: Many capable financial advisers who
aren't underwriters are conversant in the ad-
vantages and pitfalls of new financing ideas.
And they're willing to represent only the is-
suer's interest.
Argument: The issuer of a negotiated sale
has none of the market risk inherent in a com-
petitive deal.
Fact: No respectable investment banker will
risk a paramount investor's concern for safety
by offering an unsound financing, negotiated
or competitive.
Argument: Relieved of inventory risk, the un-
derwriter can keep fees down.
Fact: Profits from negotiated deals are
larger than those in competitive sales.
Argument: The issuer may reject the un-
derwriter's offer.
Fact: It rarely happens. When a project re-
quires financing, there's no time to solicit more
bids. It comes down to "take it or leave it."
There are many problems with negotiated
bond sales and few of the conveniences that
underwriters allege.
What's more, there is no appearance of im-
propriety when the pricing is determined at a
public sale. Local government officials need
only point to the competitive procedure to
disclaim such charges.
Robert L. Ehlers is president emeritus of
Ehlers & Associates Inc., Minneapolis.
Reprinted with permission of City & State. Copyright Crain Communications Inc.. April. 1987.
N _ O C C O.
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Autonomy from underwriting
and investor obligations enables
the member firms of the
National Association of
Independent Public Finance
Advisors to preserve the public
agency's fiscal integrity and
credibility. Independence also
allows for all funding options to
be explored in the quest for the
most prudent financial
alternative. The independent
perspective is a means of
protecting the public agency:, and
an attribute shared by all
member firms.
The quality of the advice
contributed to the public finance
process is paramount, not only in
its ability to examine all
possibilities, but in the expertise of
those offering the advice.
Financial advisors can only truly
serve the public agency when their
counsel is based upon a strong
foundation of knowledge and
experience.
The National Association of
Independent Public Finance
Advisors establishes standards
and practices for independent
advisors. All member firms have
qualified by experience and
practice to advise and assist
public agencies on funding
capital improvements and issuing
bonds. In addition, member
firms must be completely
independent, ethically and
actually, from bond underwriters,
securities dealers, brokerage
firms, and banks that buy tax-
exempt bonds for resale, as well
as legal, engineering, and
accounting firrns. The
demanding membership
criterion includes not only a
wealth of past experience, but a
demonstrated record of
excellence in performance.
Initially, less than twenty firms
across the country met the
exacting requirements and
earned designation as an
association member. As the
member firms are qualified to
strict criteria, so too are
individuals at member firms
desiring to be designated as
Professional Members of the
association.`°=;`°; "
By seeking ands
identifyui
very-,
offer,.
public agencies
with a means of
establishing the superior
capabilities and quality of the
firms and individuals to whom
they entrust their financial
futures. A member of the
National Association of
Independent Public Finance
Advisors can be recognized by
public agencies as being among
the finest in the country, and one
known to perform to the highest
professional standards.
Autonomy from underwriting
and investor obligations enables
the member firms of the
National Association of
Independent Public Finance
Advisors to preserve the public
agency's fiscal integrity and
credibility. Independence also
allows for all funding options to
be explored in the quest for the
most prudent financial
alternative. The independent
perspective is a means of
protecting the public agency, and
an attribute shared by all
member firms.
The quality of the advice
contributed to the public finance
process is paramount, not only in
its ability to examine all
possibilities, but in the expertise of
those offering the advice.
Financial advisors can only truly
serve the public agency when their
counsel is based upon a strong
foundation of knowledge and
experience.
The National Association of
Independent Public Finance
Advisors establishes standards
and practices for independent
advisors. All member firms have
qualified by experience and
practice to advise and assist
public agencies on funding
capital improvements and issuing
bonds. In addition, member
firms must be completely
independent, ethically and
actually, from bond underwriters,
securities dealers, brokerage
firms, and banks that buy tax-
exempt bonds for resale, as well
as legal, engineering, and
accounting firms. The
demanding membership
criterion includes not only a
wealth of past experience, but a
demonstrated record of
excellence in performance.
Initially, less than twenty firms
across the country met the
exacting requirements and
earned designation as an
association member. As the
member firms are qualified to
strict criteria, so too are
individuals at member firms
desiring to be designated as
L o
with a means of
establishing the superior
capabilities and quality of the
firms and individuals to whom
they entrust their financial
futures. A member of the
National Association of
Independent Public Finance
Advisors can be recognized by
public agencies as being among
the finest in the country, and one
known to perform to the highest
professional standards.
§
N :4
5
tfrd 47
Publicfinance is a protecting the best interests of, freedom to secure the right pieces in
n's and actions, place, leading to afinancial
of options public agencies.
.progression,
structure which fully supports the
specifically structured to realize the .
:goals and as public By joining forces, the firms needs of the public agency.
pirations of thepu
`Yet, singularity ofpu- ese which comprise the National
Associatio Freedom to examine all of the
does not always insure sim n of Independent
•
Public Finance Advisors have possibilities. In the realm of
. in practice Itis to zkd end whkh Pu
pr.
advisors
to s
servepubLic dedicated themselves public finance, it' the difference
agencies, providing the needed link developing and promoting rigid between having an advisor who is
between possibility and ethical and professional standards on your side, and one whose
performance for financial advisors. Among allegiance lies elsewhere.
the organization!s objectives. is to Perceptive public officials
.Th Nati-onal Association of serve as a res ouice for public understand the potential for
7 . A I a : ge to -respond na t" conflict when the advisory
ncies, an torcs o
"legislative niids behalf of the services provided are directly or
depe 'T
Ind t Public Finaiki'.'
Advisors organization o on
egis
membe' 'ubli
irid the public in
essionals specializing in firms directly linked to the
prof
providing financial advice to agencies they serve. underwriting. The National
public agencies regarding Association of Independent
infi-astructure financing, long- The public finance process requires Public Finance Advisors stands
term capital improvement, the successful integration of firm to defend and protect the
marketing- of debt issues, and many separate specialties, interests of public agencies,
other financial advisory while maintaining the bringing to light the inherent
conflict of interest created by
engagements. The uniformity ofagency
association bri ..,.purpose. Independent advisors associated with
together leadin fiqancia advisors firms to which the
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investors, and not,
agency,
to concentrate the public
are the true
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JOHN F. DARKENWALD
GEORGE W. YANKOUPE
-.JG JOHN GEORGE LAND INVESTMENT CO.
JOHN GEORGE INC.
7535 N.E. River Road
Elk River, MN 55330
(612) 441-3700
September 30, 1992
The Honorable Mayor Walsh & Albertville Council Members
Albertville City Hall
P.O. Box 131
Albertville, MN 55301
Re: Westwind - P.U.D. Requirements
Dear Mayor Walsh and Council Members:
Subsequent to the signing of our original Developer's
Agreement for the Westwind Planned Unit Development, an
agreement was reached detailing a minimum dwelling square
footage of 960.
We respectfully request that this dimension be readjusted to
a minimum of 860 square feet to permit housing for that
portion of society, such as retirees and single parent
families, whose needs this satisfies. This was indeed
addressed when the original P.U.U. was conceived. To date in
all of Westwind there exists a few that have already been
tastefully constructed at a dimension less than 960.
This may best be addressed as a "conditional use" or as a
percentage quota, such as no more than 10% etc.. In either
case, we collectively will be providing a needed element of
housing.
Sincepply,
George W. Yank pe, P.
Secretary-Tre urer
GWY/js
- MEYER-ROHLIN, INC.
ENGINEERS -LAND SURVEYORS 1111 Hwy. 25N., Buffalo, Minn.55313 Phone 612-682-1781
September 24, 1992
Mr. Wayne Fingalson
Wright County Engineer
Rt. 1 Box 97B
Public Works Building
Buffalo, NUJ 55313
Dear Wayne;
The City of Albertville has received a concern from one of its
residents regarding the holding basin the County constructed a few
years ago on their County Roads 19 and 118 maintenance building
site. As we recall, this basin was constructed to contain the
chemical runoff from the road sand/salt pile and appears to have
performed as proposed. However, the resident is concerned about
the depth and the potential briney condition of the water. With
the ever-increasing number of children in the area, the suggestion
was made whether this basin should be surrounded by a security
fence.
Wayne, maybe this is something you could look into and respond to
the City Council at your convenience.
Sincerely,
-RO.F:U,, IN , INC.
'more Meyer I
Professional Engineer
cc: E-9201-GEN
Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor
SUMMARY OF IMPORTANT POINTS OF WESTWIND III DEVELOPER'S AGREEMENT
Below is a summary of the major points of the Westwind Third
Addition Developer's Agreement. Because the fine points of the
agreement have been left out of this summary, please refer to the
Agreement itself for more detail regarding the terms of the
agreement.
1. The Developer petitions the City to install water,
sanitary and storm sewer service to the property.
2. The Developer waives its right to a public hearing
regarding the proposed improvements.
3. The City may, in its discretion, construct the
improvements requested, and the developer agrees to be
assessed over a period not to exceed 12 years for all
costs incurred by the City in making the improvements.
4. Developer agrees to post a surety of 25% of the estimated
cost of the assessment resulting from the improvement,
and the City may draw from this surety if special
assessments are not paid in time to service the bond.
5. A. Developer will install sod, trees, berming,
paved driveway approaches, erosion control
procedures, drainage swales, a storm water
detention pond if necessary, and will cleanup
the street and site during construction.
B. Developer will install underground electric, gas,
telephone and cable service, and will install
street lights as required by the City Engineer.
C. Developer will provide a surety in the amount of
25% of the estimated cost of the installation of
the items in paragraph 5(A), to ensure their
completion. If not completed, the City can draw
upon the surety and complete the items. Once these
items are completed, the City will release this
portion of the surety.
6. The City may reduce the amount of or release either
surety when: 1) Developer substitutes another surety; 2)
the final cost amount outstanding is less than the amount
of the surety (i.e. reduce surety to costs outstanding);
3) no reduction allowed below 35% of the original surety
until all costs are known; and 4) the special assessment
surety may be released at such time as both apartment
buildings have occupancy rates of 85% or more. The
1
Developer will pay the City's costs in processing any
reduction request.
7. Developer agrees to make up any deficiency in any surety
should the City have to draw upon one of the sureties.
8. If the Developer abandons the project, it agrees to
reimburse the City for all costs incurred relating to
this development. If the Developer ceases substantial
field work for more than nine months, the Developer
agrees to reimburse the City for any costs the City
incurs in levelling the grounds and providing permanent
vegetation so that soil erosion will be halted.
9. The Developer agrees to reimburse the City for all
administrative, legal, and professional costs incurred in
the creation, administration, enforcement or execution of
the Developer's Agreement.
10. Developer will implement erosion control measures
prior to the start of construction, and Developer
will install a storm water detention pond on the
plat if necessary. The pond will not be dedicated
to the City, and the Developer agrees to maintain
the pond in good repair.
_ 11. The Developer agrees to keep the construction sites free
of clutter and will clean up any debris or repair any
damage caused by construction within 30 days of
notification by the City.
12. Developer agrees to provide the City access to the
Property for inspection and agrees to provide the City
with any temporary or permanent easements necessary to
install the public improvements or the on- and off -site
improvements.
13. Developer acknowledges that the City's wastewater
treatment plant is currently being expanded and that the
MPCA will not issue permits for additional hookups until
the plant has been expanded. Developer agrees to hold
the City harmless from any loss incurred by Developer as
a result of delays which may occur in the completion of
the plant expansion, provided the City acts in good faith
in pursuing the completion of the expansion.
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14. If the surety is in the form of a letter of credit, the
Developer agrees to provide a new letter of credit or a
renewal of the letter at least 45 days prior to the
expiration of the previous letter of credit.
15. The City must give the Developer notice of a breach of
this agreement, and Developer will have 30 days to
correct the problem before being deemed to be in default
of this agreement.
16. Developer agrees to pay park dedication fees of $25,500
($170 x 75 dwelling units x 2 buildings) at the time of
signing of the Developer's agreement.
17. The Developer's Agreement does not constitute approval of
the building design and specifications (that must be
submitted to P&Z), nor does this agreement constitute
approval for any future phases of the project other than
the use of the property as platted.
18. Developer agrees to hold the City harmless from claims by
the Developer or third parties resulting from plat
approval and development.
19. Both the partnership and the partners signing the
Developer's Agreement are bound by the agreement.
20. Developer will pay the City's reasonable attorney fees if
the City brings an action against the Developer to
enforce the Developer's Agreement.
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UPCOMING MEETINGS/IMPORTANT DATES
October
13,
1992
Planning Commission - Regular Meeting -
7:00 PM
October
14,
1992
T.I.F. Public Hearings - 7:00 PM
October
19,
1992
City Council - Regular Meeting - 7:30 PM
October
22,
1992
Park Board - Regular Meeting - 7:00 PM
October
27,
1992
City Council - Work Meeting 7:00 PM
Trunk Sewer Line Assessments
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