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1992-10-19 CC Agenda/PacketALBERTVILLE CITY COUNCIL AGENDA October 19, 1992 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * October 5, 1992 V. APPROVAL OF THE MINUTES * October 5, 1992 - Regular Meeting * October 14, 1992 - Special Meeting - TIF Budgets * October 14, 1992 - Special Meeting - 1993 City Budget VI. COMMUNITY FORUM VII. DEPARTMENT BUSINESS A. MAINTENANCE - Project Updates B. ENGINEERING 50th Street - Plans and Specs Psyk's 5th Addition - Bids - Project Updates 8.30 PM C. LEGAL - Tax forfeited lands in Albertville - Proposed bond refunding - Developer's Agreement - Psyk's 5th Addition - Project Updates D. PLANNING & ZONING - Recommendation that City Council direct any changes and Council's explanation of same to Planning Commission regarding the proposed ordinance change in reference to the facing requirements on pole buildings. * Recommendation that City Council appoint Roger Johnson to fill vacancy on Planning Commission. E. ADMINISTRATION * Financial Statement * Approval to pay bills (Check #68 - thru #68 ) * Motor Vehicle Record Information - Cost $16.00 - Zimmer Brothers Lease - Renewal - Fair Housing Regulations - Agreement to Terminate Water Tower Lease * Change Truth In Taxation Hearing from Dec. 1 to Dec. 2, 1992 at 7:00 PM Change continuation of Truth In Taxation Hearing from Dec. 8 to Dec. 9, 1992 at 7:00 PM VIII. ADJOURN • • UPCOMING MEETINGSIIMPORTANT DATES October 27, 1992 City Council - Work Meeting 7:00 PM November 2, 1992 City Council - Regular Meeting November 3, 1992 Election Day November 10, 1992 Planning Commission - Regular Meeting November 19, 1992 Park Board - Regular Meeting November 16, 1992 City Council - Regular Meeting • ALBERTVILLE CITY COUNCIL October 19, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Duane Berning, Mike Potter, Donatus Vetsch, and Mark Barthel, City Engineer Thore Meyer, City Attorney Mike Couri, City Clerk Linda Houghton Mayor Walsh called the regular meeting of the Albertville City Council to order. The agenda was amended by deleting "50th Street Plans and Specs" under Engineering, and deleting approval of Check #6862 in the amount of $1,314.40 to Roto-Rooter and issuing Check #6866 in the amount of $1,200 to Roto-Rooter. The amended agenda was approved on a motion by Barthel, seconded by Potter. All voted aye. The follow-up sheet from the October 5, 1992, meeting was approved on a motion by Barthel, seconded by Vetsch. All voted aye. The minutes of the October 5, 1992, meeting were amended as follows: (1) Page 1, Paragraph 3 - Amended to read "Vetsch, Berning, Potter and Walsh voted aye. Barthel voted no. The motion carried." (2) Page 2, Paragraph 3 - Amended to read "Potter, Barthel and Walsh voted no." (3) Page 3, Paragraph 5 - Amended to include the following sentence: "The City Council agreed not to add curb and gutter to the portion of 60th Street east of Main Avenue". Barthel made a motion to approve the minutes of the October 5, 1992, meeting as amended. Vetsch seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the October 14, 1992, public hearing on the TIF budgets. Vetsch seconded the motion. All voted aye. The maintenance department was directed to clean up the gravel, sand and blacktop by the Joint Powers property left when the sewer truck line was installed. Thore was directed to check the manholes along 50th Street. If they need to be marked, he will notify the maintenance department and the manholes will be marked. Judy Roden addressed the Council under Community Forum. She questioned when the Rugged Road and Custom Canopy propoerties will ALBERTVILLE CITY COUNCIL October 19, 1992 Page 2 of 5 be cleaned. Linda explained that she has asked the building inspector to provide a list of the materials that should be removed. The City will then have those materials removed using the escrow fund of $3,000 from Custom Canopy to pay the costs. Linda will contact Mrs. Roden when the list is available. Ken told the Council he is requesting $8,000 in the unpaved street maintenance 1993 budget to gravel one mile of the road to the pond. The Council will consider Ken's request at the next budget meeting. Ken showed the Council a fiberglass fire hydrant marker flag now available that is more flexible than the flags currently on the hydrants. The cost of the hydrant flags is $10 each. The Council asked Ken to check whether this hydrant flag is available with the longer bracket to connect to the hydrant. Ken will get a count on the number of hydrants that are missing hydrant flags. Ken plans to do the final fall discharge of the ponds later this week. -- The Council authorized Ken to spent approximately $400 to enclose an office area in the maintenance shop, provided that the improvement does not affect the building standards or codes for the rest of the building. Ken and Mike will man the compost site at the ponds this Saturday. Instead of overtime pay, the maintenance department will take equal time off sometime during the week. Ken presented a quote from Fehn Gravel & Excavating to move the old warming house building from City Park to the pond site. Fehn estimates the costs to be around $500, but could be slightly less. Berning was opposed to having the building moved to the pond site. He indicated that the fire department could use the building as a practice burn. All other members of the Council felt the building should be moved. Ken brought up a question about sick leave policy. The Council will look into policy questions at the budget meetings. City Engineer Thore Meyer presented the bid tabulations for the Pysk's 5th Addition project in his letter dated October 19. Northdale Construction is the apparent low bidder at $218,071.80. Thore indicated he has checked Northdale Construction's recommendation and found that Northdale is reliable bidder. Thore recommends awarding the bid to Northdale Construction. Doug Psyk, developer of Pysk's Fifth Addition, told the Council he is not positive he will go ahead with this project at ALBERTVILLE CITY COUNCIL October 19, 1992 Page 3 of 5 this time. He has several questions about the developer's agreement. He is also unsure of why he is being allowed only ten connections to the sewer mains instead of the 13 connections he expected on the main trunk line. Thore and Linda were directed to contact MPCA to discover the reason only ten connections were permitted. The Council agreed to table awarding a contract for Pysk's Fifth Addition until the November 2, 1992, meeting. The Council also removed discussion of the developer's agreement from the Legal Department agenda. Thore reported that he has received a price from Latour Construction to install a drain line to the flow meter manhole in the amount of $1,398. The Council will not have the drain line installed at this time. Thore reported that he will be meeting with Redstone Construction later this week to discuss the second lift of blacktop in the Westwind Second Addition. Neither the engineer nor the Council is happy about the appearance of the final lift. The Council agreed the a bridge over the curbs must be in place before construction related vehicles are allowed to drive over the curb. Some of the City's curbs have been damaged or pushed out of alignment by construction trucks. The policy will become a condition of future building permits issued and will be enforced by the building inspector. Barthel made a motion directing the engineer to prepare plans and specs for the installation of four foot sidewalks and advertise for bids for sidewalking along the east side of Main Street to 50th Street as soon as possible. The Council will complete the sidewalking project from the intersection of Main and 50th Street south to the high school parking lot next spring. Potter seconded the motion. All voted aye. The Council considered the notice of the tax forfeited property in the City. The Council is not interested in purchasing this property. The Council reviewed City Attorney Mike Couri's letter dated October 14, 1992, and his refunding proposal for the $790,000 1988 General Obligation bond. The City can use $495,000 in the debt service fund to retire an equivalent amount of the bond. This would allow the City to refund the remaining portion of the bond ($110,000) along with the costs of the bond issuance (approximately $6, 000 ) through the issuance of a new refunding bond in the amount of $115,000. The City should realize a savings of approximately $175,000. Potter made a motion to refund the 1988 $790,000 G. O. ALBERTVILLE CITY COUNCIL October 19, 1992 Page 4 of 5 bond as proposed. Barthel seconded the motion. All voted aye. Couri reported that he and Linda had met with Rod Fraser and Michael Blanchert to discuss the relocation of Energy Technology Systems, Inc. (ETS) to Albertville. Linda and Couri are continuing to work with Blanchert in the relocation. Couri has spoken to DTED's Joe Feist concerning its financing the replacement of the sewer mains. Feist indicated the City would encounter no objections in going ahead with the installation before the project is approved for funding. The Council accepted the recommendation from Planning & Zoning regarding notification if the Council wishes to revise P&Z's recommendation that 50% of the facade of pole buildings be faced with other materials. Barthel made a motion to appoint Roger Johnson to fill the vacancy on the Planning & Zoning Commission. Vetsch seconded the motion. All voted aye. Barthel made a motion to approve the Financial Statement for the period September 30 - October 14, 1992, as presented. Vetsch seconded the motion. All voted aye. Barthel made a motion to approve payment of Check #6832 - Check #6866 as presented. Vetsch seconded the motion. All voted aye. Barthel made a motion directing Linda to proceed in getting the motor vehicle record information on each employee as recommended. Vetsch seconded the motion. All voted aye. Potter made a motion to agree to a one-year lease with Zimmer Brothers to rent the land around the wastewater treatment plant with the condition that the City will not be responsible for any crop damage that may result from the construction of the new wastewater treatment facility next year. Rent was set at $950 for the year. Vetsch seconded the motion. All voted aye. Linda was directed to proceed with complying with the requirements of Fair Housing Practices as required by the terms of the revolving loan agreement through the Department of Trade and Economic Development. The Council reviewed the agreement to terminate the water tower lease agreement with Joint Powers. The Council asked the Joint Powers representatives to get clarification on whether Joint Powers intends to be responsible for the complete dissembly of the old water tower. The Council will consider termination of the r ALBERTVILLE CITY COUNCIL October 19, 1992 Page 5 of 5 water tower lease at the next Council meeting. Barthel made a motion to change the date of the Truth -in - Taxation meeting to December 9, 1992, at 7:00 PM and the continuation of the Truth - in -Taxation meeting to December 16, 1992, at 7:00 PM, if necessary. Barthel made a motion to adjourn at 9:02 PM. Potter seconded the motion. All voted aye. ?'7es- A. Walsh, Mayor r Lin a Houghto Cle ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS October 19, 1992 III. APPROVAL OF CONSENT AGENDA - Minutes of October 5, 1992 - Regular Meeting - Minutes of October 14, 1992 - Special Meeting - TIF Budgets - Financial Statement - Approval to pay bills (CK #6832 thru 06865) - Follow Up Sheet - October 5, 1992, Meeting - Motor Vehicle Record Information - Cost $16.00 - Appoint Roger Johnson to Planning Commission - Change Truth In Taxation Hearing from Dec. 1 - Dec. 2 at 7:00 PM - Change continuation of Truth In Taxation Hearing from Dec. 8 - Dec. 9 at 7:00 PM FOLLOW-UP SHEET FROM OCTOBER 5, 1992, COUNCIL MEETING P & Z: Consider drafting ordinance prohibiting placement of landscaping materials around fire hydrant Linda: Review Sign ordinance and inform current violators of the ordinance's requirements Linda: Review shoreland ordinance and begin drafting new ordinance to comply with the new requirements Council: Determine additional costs to average building if amendment to the Zoning Ordinance, Section 1000.4 (i) (2) is approved as recommended by Planning and Zoning Vetsch) Meet with Frankfort's engineer & Board to negotiate Thore) workable solution on 50th Street regarding who will Berning) do what Thore: Pursue agreement with MNDOT to drain the I-94 area Gartner: Prepare schedule for sewer line replacement phases Vetsch) Meet with maintenance personnel to discuss addition Potter) to fire barn/maintenance building Linda: Send letter to Joint Powers regarding the City's compaction requirements Linda: Send letter to owners of basketball hoop placed in the City's right of way on Locust Court asking that it be removed Linda: Prepare advertisement for sealed bids on the 1973 Ford dump truck Linda: Send letter to Scherer Brothers regarding the retaining wall in Barthel Manor Second Addition Thore: Prepare cost estimates for sidewalks on Main Avenue and 50th Street Linda: Send letter and copy of Resolution #1992-30 to Wright County Potter) Meet with Linda to discuss how TIF funds should be Vetsch) used Linda: Contact Stevenson -Edwards for appraisals proposal Maint. Check into moving present warming house to wastewater plant 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 ALBERTVIVLE 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 #1992-28 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 ALBERTVIL'LE October 5, 1992 Page 5 of 5 Vetsch made a motion "Turn Off the Violence" voted aye. to designate the week of October llth as week. Berning seconded the motion. All 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. James A. Walsh, Mayor Linda Houghton, Clerk PUBLIC HEARINGS - T.I.F. DISTRICTS #2, #5, & #6 BUDGETS AND PUBLIC HEARING ON PROPOSED ADDITION TO DISTRICT DEVELOPMENT October 14, 1992 Albertville City Hall 7:00 PM PRESENT: Councilmen Mark Barthel, Mike Potter and Duane Berning, City Attorney Mike Couri, City Clerk Linda Houghton Because neither the mayor nor the acting mayor was present at the meeting, Councilman Barthel agreed to chair the meeting. Barthel called the public hearings to order. Sharon Anderson was the only person in the audience for the public hearings. Clerk Linda Houghton read the Notice of Public Hearings. The proposed addition to the Development District was discussed. The reason for this proposed modification #3 is to include the property along 50th Street NE to the east of Main Avenue in the district to allow the Council to budget funds from the TIF districts to a sidewalk project and an upgrade of the street improvement. Barthel asked from comment from the audience. Linda reported that the City has not received any written comment concerning the proposed addition. Berning made a motion to adopt RESOLUTION 1992-32 stating the public hearing was conducted, there was no written or oral comment from the public, and the Council approves Modification #3 to the development District. Potter seconded the motion. All voted aye. City Attorney Mike Couri explained that he had failed to include T.I.F. District #4 in the public notice and that a portion of the T.I.F. funds (approximately $11,300) that must be spent in 1992 would require another public hearing to amend that budget. T.I.F. District #2 has funds that must be spent in 1992 of $25,768. The Council reviewed the proposed $17,066 change to the T.I.F. #6 (Fraser Steel) plan to bring it in conformance with the dollar amount agreed to in the Developer's Agreement. Potter made a motion to adopt RESOLUTION 1992-33 entitled FINDINGS OF FACT TAX INCREMENT FINANCING DISTRICT #6. Berning seconded the motion. All voted aye. The Council discussed revising the budget for the $25,768 in T.I.F. District #2. Berning made a motion to adopt RESOLUTION 1992-34 to revise the budget in T.I.F. #2 as follows: PUBLIC HEARINGS October 14, 1992 Page 2 of 2 Park Improvements $12,768 Sidewalks Main Avenue $13,000 Potter seconded the motion. All voted aye. The Council discussed revising the budget for the $91,252.70 in T.I.F. District #5. Potter made a motion to adopt RESOLUTION 1992-35 to revise the budget in T.I.F. #5 as follows: 50th Street Sidewalk $18,000.00 50th Street Upgrade $17,000.00 Sidewalk Construction and Repair - Main Avenue/50th $17,500.00 Civil Defense Siren $15,000.00 Street Striping $ 3,000.00 Park & Ride $10,000.00 Storm Water Drainage $10,752.70 Berning seconded the motion. All voted aye. Berning made a motion to set a public hearing to revise the budget for T.I.F. District #4 for November 16, 1992, at 7:00 PM. Potter seconded the motion. All voted aye. Potter made a motion to close the public hearing on the T.I.F. districts. Berning seconded the motion. All voted aye. Potter made a motion to adjourn at 8:30 PM. Berning seconded the motion. All voted aye. Linda Houghton, Clerk Darla M. Groshens August 10, 1992 WRIGHT COUNTY AUDITOR/TREASURER 10 N.W. 2nd Street Buffalo MN 55313 Request for Approval for Sale of Tax Forfeited Land Parcels: Enclosed is a classification list of non -conservation property located in your municipality. The described parcels forfeited to the State of Minnesota for non-payment of property taxes. The parcels on this list were included on Non -Conservation Classification List approved by the Board of Wright County Commissioners on July 28, 1992 by Resolution 192-54. As provided in Minnesota Statutes 282, we request that you: 1. Approve the parcel(s) for public auction, or 2. Request a conveyance to your municipality for public use without monetary consideration. We also require that the form "Application by a Governmental Subdivision for Conveyance of Tax Forfeited Land" be completed and returned to our office with a copy of the City Council Resolution requesting conveyance, or 3. If acquisition of a parcel by a governmental subdivision is anticipated, then you may also make a written request that certain parcels be withheld from public auction for one year. Please provide City Council Certification, which addresses both types of special assessments listed below: 1. Attached is a list showing the balance of any unpaid canceled special assessments at the time of forfeiture and that may be reassessed. Please certify that these are the correct amounts. If there is a discrepancy, please contact our office. It would also be helpful, when selling the property, if you could tell us, at this time, how long any reassessment would run and at what interest rate it would be computed. We apply approximately 90% of the sale price towards paying off the special assessments. 2. Any new specials assessed during 1992 for first year payable in 1993. We need both the sale approval and special assessment information included in the City Council Resolution. Although state law deems the sale automatically approved if the City Council fails to respond within ninety (90) days of this notice, we ask that you do respond. If you have any questions, please call our office at 682-7579. Form No. 440A — Land Classification. (Conservation - Non -Conservation) Page 1 of 2 Poucher, Mpis. CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED LANDS AS PROVIDED BY CHAPTER 386, LAWS 1935 AS AMENDED. To the (Town - City) Board of the City of Albertville We, the members of the County Board of the County of Wright Minnesota, do hereby certify that the parcels of land hereinafter listed are all of the lands which have been classified by us as nnnconservation lands, from the list of lands forfeited to the State of Minnesota for non-payment of taxes for the year or years1976 - 1982 as provided by Minnesota Statutes 1945, Section 282.01 as amended. SUBDIVISION Sec. or Twp. or Range Appraised Value Appraised Value Lot Block of Land of Timber ALBERTVILLE CITY #101-500-011300 SWJ of NEJ exc Ry & N 41 rds of W 28 1 120 24 $ 800 00 rds & 200 ft. of W 333 ft. exc th part of NEJ of Sec. 1, Twp. 120, Rge. 24 in Vill. of Albertville desc. as foll: Com at pt on E In of 3rd Ave. So. of Marx First Add. of sd Vill. of Albertville, plat of rec, sd pt bng 6.6 ft. S of the NE cor of sd 3rd Ave. so., th N 89 deg. 32 min. E dist. 262.2 ft. for POB, th cont. on sd last desc. course dist. 208.7 ft. th S 0 1 deg. 28 min. E dist. 208.7 ft. th N 89 I deg. 32 Min. W dist. 208.7 ft. th Nly 208.7 ft. to POB. Cont 1.0 acres more or less. Also road esmt as foll: A strip of land 33 ft. wide lyg S of the foll desc line: Beg at point on the E In of 3rd Ave. So. of Marx First Add. of sd Vill. of Albertville, plat of record, sd pt being 6.6 ft. S of the NE cor sd 3rd Ave. So. th N 89 deg. 32 min. E dist. 262.2 ft. and there terminating; exc th part of the S} of the NEJ, Sec. 1, Twp. 120, Rge. 24, in Vill. of Albertville, desc. as foll: Com at the NE cor of Lot 9, Blk. 2, Eull's Add. accdng. to duly rec. plat of record; th E aing the ext. of the S line of the street as platted in sd Eull's Add. a dist, of 37.5 ft. to the act. POB; th cont. E on the last desc. course a dist. of 122.50 ft.; th S par to the E In of sd Eull's Add. a dist. of 437.0 ft. to a In drawn par w and 35.5 ft. N of the ext. E of the N line of 3rd Ave. So. accdng. to duly rec. plat of Marx First Add.; th W alg sd (continued) Albertville City Form No. 440E — Land Classification. (Conservation - Non -Conservation) Page 2 of 2 Poucher, Mpis. SUBDIVISION Sec. or Lot Twp. or Block Range Appraised Value of Land Appraised Value of Timber (continued) par In a dist. of 122.50 ft.; th N par w E In of sd Eull's Add. and its ext. S a dist. of 437.0 ft. to POB; exc prt to village for street; exc prt to plat Beaudry's 2nd Add., Sec. 1, Twp. 120, Rge. 24; exc th part platted as Marx First Addition; exc th part of SWJ of NEJ of Sec. 1 Twp. 120 Rge. 24 des as follows: Beg at the NE cor of Lot 9 Block 2, Eull's Addition, acc. to plat of rec; th Ely on S In of 50ft street extended, 160ft; th N par. to the E In of sd Eull's Addition 211ft. to the 1/16 In of sd quarter; th Wly alg sd 1/16 In, 160ft; th Sly par. to sd E In of sd Eull's Addition, 211ft. to the POB. The foregoing classification is hereby approved. Dated: 19 By the Board/Council of the 0 William S. Radzwill Andrew J. MacArthur Michael C. Couri Stanley A. Ellison RADZWILL LAW OFFICE Attorneys at Law 705 Central Avenue East P. O. Box 369 Saint Michael, Minnesota 55376 (612) 497-1930 (612) 497-2599 (FAX) October 14, 1992 Albertville City Council City Hall Albertville, Minnesota 55301 Dear Councilmembers: Mei J. Dalbnan, Admin. Assistant John DeLaundreau, Financial Analyst Kristin DeLaundreau, Accounts Receivable Donn J. Matson, Receptionist/Clerk Attached is a proposed bond refunding for the $790, 000 General Obligation Improvement Bond of 1988. That bond was issued to fund four improvement projects: Braun project ($154,567), Barthel Manor Second Addition ($109,844), Westwind I ($461,705), and a street maintenance project ($63,966). All costs were assessed to the land owners, with the exception of the street maintenance which is to be paid for through tax levies by the City. After the December 1, 1992 bond payment, $605,000 of principal will remain outstanding, at interest rates from 6.5% to 7.4%. Because many of the assessed properties have prepaid their assessments to the City, there will be a cash balance of approximately $500,972 in the City's debt service fund (after paying the principal and interest due on December 1, 1992). Of this amount, the City can use $495,000 to retire an equivalent amount of the remaining $605,000 bond. That would allow the City to refund the remaining portion of the bond ($110,000) along with the costs of the bond issuance (approximately $6,000) through the issuance of a new refunding bond in the amount of $115,000. Because the new bond would mature in nine years, it should issue at interest rates of approximately 5.5%, although the actual rate may vary depending upon market conditions at the time of issuance. Total Interest on the new bond would be approximately $30,514, compared with remaining interest of $205,635 to be paid on the existing bond if it is not refunded. By refunding the bond, the City would save approximately $175,000 in interest over the life of the bond that it would otherwise have paid, but the City will no longer earn interest (currently at 4% to 5%) on the $500,972 in debt service funds since most of this money will be used to pay off the old bond. Savings to the City will primarily be reflected in a smaller levy for the street maintenance debt service. Albertville City Council October 14, 1992 Page Two The current bonds are callable on December 1, 1992 or on any interest date thereafter (i.e. June 1, 1993, December 1, 1993, etc.). Generally the City is required to give the bondholders 30 days notice from the date the bonds are actually called. Thus, the City should notice the bond redemption by November 1, 1992 for a December 1, 1992 call. However, prior to calling the bonds, the City should have the new bond negotiated and ready for closing. Because the new bond is somewhat small at $115,000, I do not anticipate any problems placing it locally as we have done with the most recent bonds issued by the City. A second bond, the Sewer and Water Revenue Bond of 1988 is also callable on December 1, 1992. While the City has enough money in the Sewer Fund to retire the bond if it so desired, the City may wish to delay either a retirement or refunding decision until such time as the City pins down the details of the expected Department of Trade and Economic Development funding for the addition to the wastewater treatment plant and existing sewer improvements. In addition, I would suggest that the City complete its sewer rate study and determine how all sewer -related bonds will be financed prior to making a retirement or refunding decision since all of these factors have a potential impact upon the amount of money the City may wish to retain in the sewer fund. I would be happy to discuss these matters in more detail with the Council. Sincerely, XZ1 - �_' a 6 -.- _" Michael C. Couri RADZWILL LAW OFFICE PROPOSED BOND REFUNDING CITY OF ALBERTVILLE $7909000 G.O. BOND October 14, 1992 Radzwill Law Office City of Albertville Summary of Recall and Refunding, $790,000 Bond Current Cash Balance in Debt Service $589,441 Debt Service Payments due in 1992 $88,469 ------------ Debt Service Remaining for Refunding $500,972 Principal outstanding after 1992 $605,000 Less Debt Redeemed Early $495,000 ------------ Principal remaining $110,000 Add refunding costs $6,000 Total Bonding Needs $116,000 New Bond amount $115,000 Debt Service Funds, after recall $5,972 Add remaining 1992 special assessment $8,069 ------------ Total Debt Service Funds, 1-1-93 $14,041 Spec. Assess. Principal Remaining $68,673 ------------ Total non -levy principal sources $82,714 Max. Principal supplied through levy $32,286 Principal amount of new bond $115,000 14-Oct-92 Estimated Issuance Fees: Radzwill Law Office Bond Counsel Total Fees $3,000 $3,000 ------------ $6,000 Special Assessments Outstanding, $790,000 bond Braun Project $13,424.28 $1,480.87 Barthel Manor $50,743.17 $5,594.21 West Wind $4,505.32 $994.00 ------------------------ Total post-1992 Specials $68,672.77 Remaining 1992 Specials $8,069.08 Remaining Special Assessments Year Payment Principal Interest Balance $68,672.77 1993 $14,421.28 $8,584.10 $5,837.19 $60,088.67 1994 $13,691.63 $8,584.10 $5,107.54 $51,504.58 1995 $12,961.99 $8,584.10 $4,377.89 $42,920.48 1996 $12,232.34 $8,584.10 $3,648.24 $34,336.39 1997 $11,502.69 $8,584.10 $2,918.59 $25,752.29 1998 $10,773.04 $8,584.10 $2,188.94 $17,168.19 1999 $10,043.39 $8,584.10 $1,459.30 $8,584.10 2000 - $9,313.74 ------------------------------------ $8,584.10 $729.65 $0.00 $94,940.10 $68,672.77 $26,267.33 14-Oct-92 b>> m> m> m> m> M b 11 (D C t0 C (D G m C m C m G m G m G m Lf W tT to tT to I? 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Psyk and Beatrice E. Psyk, collectively referred to herein as "Developer"; 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 "Psyk's Fifth Addition" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's plat of Psyk's Fifth 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, site grading, sanitary sewer, water, storm sewer and streets be installed to serve the Subject Property and other properties affected by the development of Developer's land, to be financed 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 boulevards, boulevard top soil and sod, trees planted in the front yards of those lots abutting the boulevards, grading control per lot, bituminous or concrete driveway approaches, drainage swales, berming, street signs, street cleanup during project development, erosion control and siltation/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; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1 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 Psyk's Fifth Addition, as prepared by Meyer-Rohlin, Inc., and dated August 12, 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 shall 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 Psyk's Fifth Addition (as set out in paragraph nine below) as well as the costs of the construction of petition items, including legal, fiscal, bonding, administrative, engineering and other professional fees relating to Psyk's Fifth 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 abstract of title updated by a abstract company registered under the laws of the State of Minnesota. 2 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 $72,500.00, 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 boulevards, boulevard top soil and sod, trees planted in the front yards of those lots abutting the boulevards, grading control per lot, bituminous or concrete driveway approaches, drainage swales, berming, and like items as necessary, street cleanup during project development, erosion control and a retention pond, all as detailed in attached Exhibit I'D". 3 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 Jones Intercable 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 required 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 $5,500.00 which represents 50% of the estimated cost of the installation and completion of Escrow Items. The said surety shall be a guaranty to the City that with the exception of boulevard improvements (sod, trees, driveway approaches), the construction and completion of the Escrow Items by the Developer, to the City's satisfaction, will be completed on or before 199 D. The boulevard improvements for each lot or parcel shall be completed to the City's satisfaction within sixty (60) days of the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October ist and before March 30th in any given year, in which case the boulevard improvements shall be so completed by the following June 15th. At the City's option, it may install street sign(s) and bill the direct cost of materials and installation to the Developer who will pay the bill within ten (10) days of the billing. 4 E. That portion of said cash, irrevocable letter of credit, or other,surety with respect to the performance of on - and off -site improvements shall be released upon certification of the City Engineer and approval of the City Council that all 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 Exhibit B) and on- and off -site improvements (listed in section 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 seventy-five percent (75%) of the properties to be assessed as a result of the construction of the Petition Items either: (1) are clear of all past, present, and future assessments due, or (2) are no longer owned by the Developer and the current owner has been issued a certificate of occupancy by the City for the residence built upon the property. 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. 5 B. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 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 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, or 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. 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, either through City construction or through Developer's own means, a retention/siltation pond or ponds for run off from the Said 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 water drainage from Said Plat first flows into said siltation pond, allowing waterborne soil and silt to deposit in such siltation pond before said water drains into the wetland areas, all according to specifications as approved by the City Engineer. Developer shall clean the retention and siltation pond of excess particles, including soil, silt and phosphates during and/or upon completion of the construction phase. 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 7 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 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 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. 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 expense: A. Developer shall comply with all requirements set forth for drainage into the 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. No one may occupy a building for which a building permit is issued on either a 8 temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, unless a specific exception is approved by the City. 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 of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer a release. 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. 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 the 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 in the United States Mail. The City may thence immediately and 9 16. 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 and 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. Paragraph 15 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. Dedication of Land to City. A. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all holding ponds and wetlands to the City. Upon completion of all construction work and certification of completion by the City Engineer of all roads and sewers, Developer shall dedicate all roads and road right of ways to the City. Prior to dedication, Developer shall provide "As-Builts" of all ponds, sewers, roads, gas pipelines, electrical, cable and phone supplies. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Developer agrees to Dedicate to the City that portion of land denoted as park land on the preliminary plat. The Developer acknowledges that it has not dedicated the proper amounts of land and/or money to fulfill the park dedication requirements for the Subject Property, and that fulfillment of said park dedication requirement has been deferred pending future development of lands owned by Developer adjacent to Subject Property. Developer acknowledges that additional land and/or money (as determined by the City Council) shall be dedicated in the future by the Developer, in the amounts as required by 10 the City's Park Dedication Ordinance, in fulfillment of the Developer's park dedication requirements for the Subject Property. Developer agrees that either surety described above shall act as security to assure that said park dedication fee is paid. 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 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 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. 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. 11 21. 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 following parties: City of Albertville c/o City Clerk P.O. Box 131 Albertville, MN 55301 Telephone: (612) 497-3384 Douglas or Beatrice Psyk P.O. Box Albertville, MN 55301 Telephone: (612) 497-2753 22. 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 Cler DEVELOPER, Douglas P. Psyk Beatrice E. Psyk 12 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, 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 Douglas P. Psyk. Notary Public 13 STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1992, by Beatrice E. Psyk. Notary Public 14 Legal Description EXHIBIT A 15 Petition EXHIBIT B 16 Feasibility Study EXHIBIT C 17 EXHIBIT D On- and Off -site improvements. 18 Erosion Control Plan EXHIBIT E 19 Ponding Specifications EXHIBIT F 20 I PLANNING & ZONING COMMISSION OCTOBER 13, 1992 ALBERTVILLE CITY HALL 7:00 PM COMMISSION MEMBERS PRESENT: Tom Haller, LeRoy Berning, Howard Larson, and Secretary Ann Culley. ABSENT: Donatus Vetsch Chairman Haller called the meeting to order at 7:07 PM. Berning made a motion to amend the agenda to include discussion regarding the City Council"s decision, as reported in The Crow River News, to by-pass the Planning Commission when making their decision to reduce the minimum building size in the Westwind Planned Unit Development from 960 sq. ft. to 864 sq. ft. Haller seconded the motion. All voted aye. Larson made a motion to approve the amended agenda. Berning seconded the motion. All voted aye. A motion was made by Berning to approve the minutes of the September 8, 1992, meeting as submitted. Haller seconded the motion. All voted aye. Larson requested that the Commission clarify that portion of the September 8, 1992, minutes referring to facing buildings with material other than steel. Berning explained the reasoning behind this proposed change to the current zoning ordinance and stated that it referred only to pole buildings. Larson was further advised that the Council had placed making this decision on hold until they received information regarding approximately how much this would add to the building cost. Larson made a motion to recommend that, should the City Council disagree with the proposed amendment to the ordianacea as presented at the August 25, 1992, Planning Commission meeting, the Council direct recommended changes and their explanation for same back to the Planning Commission. Haller seconded the motion. All voted aye. Berning made a motion to recommend that the City Council approve the appointment of Roger Johnson to fill the current vacancy on the Planning Commission. The motion was seconded by Larson. All voted aye. PLANNING COMMISSItjN - 10/13/92 Page 2 The Commission reviewed, at the City Council's request, the possible need for a new ordinance regulating what may/may not be placed around fire hydrants. Ann was directed to contact the Cities of Maple Lake, Monticello, and Brooklyn Center to get a copy of their complete zoning ordinances. The Commission felt strongly that all utility boxes should be removed from the area of all fire hydrants. Berning made a motion to have Licht review this situation and make a recommendation, and to table further discussion until Licht's evaluation has been received. Haller seconded the motion. All voted aye. The Planning Commission questioned why the City Council made the decision to reduce the minimum building size from 960 sq. ft. to 864 sq. ft. in the Westwind Planned Unit Development. The Commission felt that this matter should have been presented to the Planning Commission for consideration prior to going to the City Council for a final decision. The Planning Commission directed Ann to contact Mike Couri and obtain a copy of the original Planned Unit Development Agreement relating to Westwind and to give a copy to each member of the Planning Commission. The Planning Commission further directed Ann to check the minutes of the 1988 Council Meetings to see what discussion relating to this matter was recorded. Haller made a motion to direct Ann to contact Licht and get his opinion as to possible ramifications of this decision by the City Council and to get Licht's recommendations on this issue. He further moved to have Licht state his opinion of the consequences with regard to backlash from current residents and also with future developers. Larson seconded the motion. All voted aye. The Commission directed Ann to obtain copies of State Statute numbers 462.351 - 364 as it relates to the Planning Commission. Berning made a motion to adjourn the meeting. Haller seconded the motion. All voted aye. Ann Culley, Secretary 0 CITY OF ALBERTVILLE PLANNING AND ZONING COMMISSION APPLICATION TO SERVE ON COMMISSION You have recently expressed interest in serving on the Albertville Planning Commission. In an effort to fill the vacant position, we ask that you complete this application and return to City Hall by Thank you for your interest. Should you have any further questions regarding this application, please feel free to contact City Hall at 497-3384. NAME: Roger- oh n So h } ADDRESS: Jr' L ah ho r) Ay, , 1y • E , 1 �0----ty; l je, Al PHONE: Home: 5 7- J4 3 8 7 Work ll'#tS - G PLACE OF EMPLOYMENT: z2 I / ; ah ce. N a.cA ; h e. Are you available to attend Planning Commission meetings on the 2nd and 4th Tuesday of each month? X— YES NO What experience or knowledge do you possess that would be applied to the position `you � are inte ested in? A-2�._¢•,.a.[ 4 Reasons that you would like to serve on the Planning Commission: C1 s I hereby certify that all answers to the above questions are true, and I agree and understand that any false statements contained in this application may cause rejection of this application. C-) 70� -0,- C��— — /° /Z/9 — Appli_ nt S nature Date CITY OF ALBERTVILLE FINANCIAL STATEMENT September 30 - October 14, 1992 Beginning Cash Balance September 30, 1992 $177,948.45 INCOME (Sept. 30 - Oct. 14) Building Permits 7,851.59 City Hall Rent 50.00 Interest Income 413.65 Lease Payment - Land 475.00 Loan Payment -Fraser Steel 585.27 Park Donations (Lions) 4,074.00 Reimbursement -Primary Elec 565.54 Sewer Receipts 2,134.23 Special Assessments 8,944.56 Storm Water Receipts 192.94 Subdivison Fee (Breun) 465.00 Title Search 10.00 TOTAL INCOME 25,761.78 EXPENSES (Sept. 19 - Oct. 14) Check Vs 6780 - 6823 36,766.68 (Approved 10/5/92) PAYROLL 9/23 - 10/6 Check # 6824 - Ann 492.17 Check # 6825 - Linda 824.59 Check # 6826 - Ken 747.70 Check # 6827 - PERA 374.34 Check # 6828 - Mike 578.59 Check # 6829 - Fed. 1,244.94 Check # 6830 - Linda 1,463.71 (140 Comp Hours) Check # 6831 - Ken 1,435.77 (120 Comp Hours) TOTAL EXPENSES 43,928.49 Ending Cash Balance October 14, 1992 $159,781.74 INVESTMENTS: CD #8289 - matures CD #7640 (Lions) - CD #8579 - matures CD #8817 - matures CD #8815 - matures CD #8816 - matures CD #8807 - matures TOTAL INVESTMENTS 10/10/92 @ 7.25% matures 10/16/92 @ 5.25% 12/29/92 @ 4.5% 1/8/93 @ 3.25% 1/8/93 @ 3.25% 1/9/93 @ 3.25% 3/3/93 @ 3.5% $556,369.91 40,537.19 153,739.73 328,465.25 549,005.28 556,369.91 350,000.00 $2,534,487.27 CITY OF ALBERTVILLE BILLS TO BE PAID October 13, 1992 Check No. Vendor Reason Amount 6832 Albertville Auto Parts Equip Maint 75.93 Shop Supp. 45.80 121.73 6833 B.F.I. Parks 332.78 6834 Century Labs Shop Supp 201.79 6835 Crow River Farm Equip Repair Pk -iron 20.08 6836 Crow River News Sept. Pulications 210.12 6837 DJ`s St. Rep/Maine 54.29 St. Supp 67.08 Shop Supp 28.29 F.D. Supp 32.41 Bldg. Supp 8.82 Pks-Rep/Maint 31.33 222.22 6838 Dons Auto Srvc. F.D.-gas 73.04 St. R.ep/Maint 40.74 St, -gas 36.98 ^ Pks-gas 36.96 Sewer -gas 36.96 224.68 6839 Eull`s Mfg. Park sign 45.80 6840 Evergreen Recycling Sept recycling 467.50 6841 Farris, James Temp. help 16.17 6842 Federated Co-ops Sts-supp 23.38 6843 Feed -Rite Testing 75.62 6844 Frankfort Twp. Grade 50th St. 250.00 6845 Gopher State One -Call Sept Locates 20.00 6846 Holiday Inn Mike -Seminar 60.22 6847 Kadlec Excavating Final Payment 16,191.19 6848 L.N. Sickels & Co. Crackfiller 234.30 6849 LaPlant Sanitation Sept. Srvc. 83.60 6850 Meyer-R.ohlin Sept, srvcs 14,338.00 6851 Minnegasco Sept. 14.67 6852 Mobile Lock & Safe F.U. Supplies 692.80 6853 Monticello Animal Control Sept. Animal cont. 30.00 6854 Monticello, City of Sept. Animal coat. 162.00 6855 Natn't. Fire Protect. F.U.-Coloring books 507.35 6856 Cmann Brothers Blacktop fines/oil 235.63 6857 P.E.R.A. Ann -Life Ins. 12.00 6858 Pats 66 Sept. 11.80 6859 Pepsi Cola Co. Sept machine rent 10.65 6860 Postmaster Postage for machine 300.00 6861 Precision Auto Brake repair -Ford 312.64 6862 Roto-Rooter Jet/Pump strm swr 1,314.40 6863 Simonson Lumber Park 193.19 Sts. 5.79 198.98 6864 Southam Business Comm Bids - 1992-3 219.42 6865 Wright County Treas. Record 10 easements 187.00. TOTAL $ 37,348.52 William S. Radzwill Andrew J. MacArthur Michael C. Couri Stanley A. Ellison RADZWILL LAW OFFICE Attorneys at Law 705 Central Avenue East P. O. Box 369 Saint Michael, Minnesota 55376 (612) 497-1930 (612) 497-2599 (FAX) October 14, 1992 Albertville City Council City Hall Albertville, Minnesota 55301 Dear Councilmembers: Mei J. Dallman, Admin. Assistant John DeLaundreau, Financial Analyst Kristina DeLaundreau, Accounts Receivable Donna J. Matson, Receptionist/Clerk Attached is a proposed bond refunding for the $790, 000 General Obligation Improvement Bond of 1988. That bond was issued to fund four improvement projects: Braun project ($154,567), Barthel Manor Second Addition ($109,844), Westwind I ($461,705), and a street maintenance project ($63,966). All costs were assessed to the land owners, with the exception of the street maintenance which is to be paid for through tax levies by the City. After the December 1, 1992 bond payment, $605,000 of principal will remain outstanding, at interest rates from 6.5% to 7.4%. Because many of the assessed properties have prepaid their assessments to the City, there will be a cash balance of approximately $500,972 in the City's debt service fund (after paying the principal and interest due on December 1, 1992). Of this amount, the City can use $495,000 to retire an equivalent amount of the remaining $605,000 bond. That would allow the City to refund the remaining portion of the bond ($110,000) along with the costs of the bond issuance (approximately $6,000) through the issuance of a new refunding bond in the amount of $115,000. Because the new bond would mature in nine years, it should issue at interest rates of approximately 5.5%, although the actual rate may vary depending upon market conditions at the time of issuance. Total Interest on the new bond would be approximately $30,514, compared with remaining interest of $205,635 to be paid on the existing bond if it is not refunded. By refunding the bond, the City would save approximately $175,000 in interest over the life of the bond that it would otherwise have paid, but the City will no longer earn interest (currently at 4% to 5%) on the $500,972 in debt service funds since most of this money will be used to pay off the old bond. Savings to the City will primarily be reflected in a smaller levy for the street maintenance debt service. Albertville City Council October 14, 1992 Page Two The current bonds are callable on December 1, 1992 or on any interest date thereafter (i.e. June 1, 1993, December 1, 1993, etc.). Generally the City is required to give the bondholders 30 days notice from the date the bonds are actually called. Thus, the City should notice the bond redemption by November 1, 1992 for a December 1, 1992 call. However, prior to calling the bonds, the City should have the new bond negotiated and ready for closing. Because the new bond is somewhat small at $115,000, I do not anticipate any problems placing it locally as we have done with the most recent bonds issued by the City. A second bond, the Sewer and Water Revenue Bond of 1988 is also callable on December 1, 1992. While the City has enough money in the Sewer Fund to retire the bond if it so desired, the City may wish to delay either a retirement or refunding decision until such time as the City pins down the details of the expected Department of Trade and Economic Development funding for the addition to the wastewater treatment plant and existing sewer improvements. In addition, I would suggest that the City complete its sewer rate study and determine how all sewer -related bonds will be financed prior to making a retirement or refunding decision since all of these factors have a potential impact upon the amount of money the City may wish to retain in the sewer fund. I would be happy to discuss these matters in more detail with the Council. Sincerely, Michael C. Couri RADZWILL LAW OFFICE PROPOSED BOND REFUNDING CITY OF ALBERTVILLE $7909000 G.O. BOND October 14, 1992 Radzwill Law Office amity of Albertville Summary of Recall and Refunding, $790,000 Bond current Cash Balance in Debt Service $589,441 Debt Service Payments due in 1992 $88,469 ------------ Debt Service Remaining for Refunding $500,972 Principal outstanding after 1992 $605,000 Less Debt Redeemed Early $495,000 ------------ Principal remaining $110,000 Add refunding costs $6,000 Total Bonding Needs $116,000 New Bond amount $115,000 Debt Service Funds, after recall $5,972 —'dd remaining 1992 special assessment $8,069 ------------ Total Debt Service Funds, 1-1-93 $14,041 Spec. Assess. Principal Remaining $68,673 ------------ Total non -levy principal sources $82,714 Max. Principal supplied through levy $32,286 ------------ Principal amount of new bond $115,000 14-Oct-92 Estimated Issuance Fees: Radzwill Law Office Bond Counsel Total Fees $3,000 $3,000 ------------ $6,000 Special Assessments Outstanding, $790,000 bond Braun Project $13,424.28 $1,480.87 Barthel Manor $50,743.17 $5,594.21 West Wind $4,505.32 $994.00 ------------------------ Total post-1992 Specials $68,672.77 Remaining 1992 Specials $8,069.08 Remaining Special Assessments Year Payment Principal Interest 1993 1994 1995 1996 1997 1998 1999 2000 Balance $68,672.77 $60,088.67 $51,504.58 $42,920.48 $34,336.39 $25,752.29 $17,168.19 $8,584.10 $0.00 $14,421.28 $8,584.10 $5,837.19 $13,691.63 $8,584.10 $5,107.54 $12,961.99 $8,584.10 $4,377.89 $12,232.34 $8,584.10 $3,648.24 $11,502.69 $8,584.10 $2,918.59 $10,773.04 $8,584.10 $2,188.94 $10,043.39 $8,584.10 $1,459.30 $9,313.74 $8,584.10 $729.65 $94,940.10 $68,672.77 $26,267.33 14-Oct-92 r O Q rt I kD N ro>>>ro>ro>oil >pm>ro>ro (D G (D G (D G m G m G m G m C m G m tT W t) to tf tQ t>' W u o t>' to tr W tT t4 tr . . . . . . . . . . . . . . . . . r r r r r r r r r r r r r r r r r N N N r r r r r r r r r r r r r r 0 0 0 kD W W W tD W W %D W %D %D �D %D %D r r O w w w w J J ON m to Ln ,P ,P w w -En I r I in in to to in sn to <n r l r r r r r r r r (n I in cn to in to In (n O I 0 1 0 0 0 0 o O O 0 O 1 o O O o O 0 O O O 1 O O O O O O O O 0 1 O O O o O O O O 0 1 O O O O O O o 0 I 1 I I I In to to to to to to to I U1 lJt (J1 to lJ1 Cn In tJ1 1 O O O O O O O O 1 dP dP dP dP COP dP dP dP I N I W I sn to to to N in in to to to to in [n 0 1 r r r r N N N N N N W W r i In I in to ,P Ob to in w w N N OA m O O ,A ,P w w r r 0 r 1 r r N N f.1 W In (n m m J J w w m a% w P 1 N N In In J J O O N N to In J J N N %D 1 w I In U1 O O Ui Ui O O lJl U7 O O lT1 Ul U1 lJ1 w r 1 I I O O O O O O O O O O O O O O o 0 r 1 I r 1 in sn to in in {n to {n A I r r rtn rsn r{n rtn rin rcntn In I In In m 1 {n ,A . {n . w w N N rn rn O O ,P ,P w w r r 0 r I r r N N w w (n In D% O% J J w w ON m w P 1 N N In In J J O O N N (n Cn J J N N to 1 w I to to O O N Ln O O In to O O in (n to to w F-+ I I I O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r I m I r 1 in to sn in -En in to I- r r N r in r Ln I trn al J w %D %D O o r I in I r I 0 N ON w �D -4 w O to J O N (n J N w P I Ln O in O to O Un Ln I w l O O O O O O O O w r 1 1 I O O O O O O O O r I in 1 ►-+ I Ln I in r <n in in in to in in r r r N N N r An N I O% J w kD O O r J r vI l kD I o+ r � w tj o tD w r r w 0. r w D. 0 1 m N w (n r J w r w 1 O I N 111 J O N U7 J N J N I Ut O Ln O In o In (n J I P I �D O O r N N W P I �D I W O J lJ1 N lD 41 ,P O W DN �D N O I W W W N N r r r I O I ,P kD P. %D W w ►4 z ro 0 (D m " H w E O H n ro K w o O m O ro Z (D Ki rY a a r > (D aro rzr Q. C W H to tt] t" �7 r t-i w r O rr to 1-A O r O 1.0 O w CD J �D H O rr O (D 0 rt O m 0 rr O CJJ u En O tT $ rr r 1 In (D :3 C � 0 > Or c w En r m n C z mLn a dP > En En 10 En (D (D Q En r m a (D rr m t" H (D w C x rn rn rn m rn ,� A In ON J w O J D% 0 In In N in in O In O m r O O O 0 w J O ,P to O O ch r ON r J O O Oi in sn in w +n r r r r in in in in in sn - � J w w %D W kD O W O 0 l0 w J r to ,P in 'A (D I-... N W In D) J ,P w N r N lTl J O N In �D W O W Ln O (n 0 In 0 ,P r N w CITY OF ALBERTVILLE PLANNING AND ZONING COMMISSION APPLICATION TO SERVE ON COMMISSION You have recently expressed interest in serving on the Albertville Planning Commission. In an effort to fill the vacant position, we ask that you complete this application and return to City Hall by Thank you for your interest. Should you have any further questions regarding this application, please feel free to contact City Hall at 497-3384. NAME: Roger- ohnsoh n} ADDRESS: Js- I a� ►soh A Ye 1y �, �1I �e►tv; ���, l�h PHONE: Home: q97 - 1438'7 Work % G PLACE OF EMPLOYMENT: i� I I i ah ce N ac� ; h e- Are you available to attend Planning Commission meetings on the 2nd and 4th Tuesday of each month? X— YES NO What experience or knowledge do you possess that would be applied to the position you arnteed in? Reasons that you would like to serve on the Planning Commission: n I hereby certify that all answers to the above questions are true, and I agree and understand that any false statements contained in this application may cause rejection of this application. Appli_ nt Sc nature Date ■G 0: ♦ 21 mi,Riki - zl M10. ■WORMIKIKIit To obtain Minnesota Motor Vehicle Record (MVR) information for use in your fleet and driver safety programs, please observe the following points to minimize errors and expedite handling: 1) The current fee for each record obtained is $4.00. This fee will need to be sent with the MVR request. 2) Your request should include the full name, date of birth and driver's license number for each individual for whom an MVR is being requested. 3) Requests should be made in writing, accompanied by the appropriate fee(s), to: Record Request Section Driver's License Office 108 Transportation Building 396 John Ireland Boulevard St. Paul, MN 55155 (Multiple requests can be placed in one mailing) 4) The State Driver's License Office will then process the request information and provide a computer printout of a five-year record of recordable violations. The record will also include an indication of the validity status of the license and the driver's license classification. This information can be used to help determine if the appropriate license classification is being maintained by the driver for the size of vehicle/equipment being operated. This is especially critical where the Commercial Driver's License is required. 5) It is n12 generally recommended that motor vehicle records be obtained through the computer resources of a local law enforcement agency. Motor Vehicle Records obtained in this manner may contain additional information, such as criminal records, which may come under certain data privacy statutes. MVR Order Info Current - Summer 1991 • •i ■ _ ;_ •OP .� Za Having a Motor Vehicle Record and driver safety record evaluation program simply means putting MVR's and driver's accident records to work for you for your driver and vehicle fleet safety program. Through careful interpretation, a summary of someone's driving record can tell you quite a lot about his or her driving safety habits and safety awareness. Statistics will bear out that a person with a proven safe driving background is less likely to be involved in an accident while driving on the job. Of course, you want to see accidents and incidents held as low as possible because every accident is costl even though it may be insured. Uninsured "hidden costs" — such a� vehlc e owri�fmg;- r--lest..ti ne, overtime to meet schedules, etc. — often surON times over. These guidelines have bgerdgv 6Fip '-b-T?n this J MVR and driver record evaluation procesg. They are bas>Od' Pff marr of experience in reviewing motor vehicle cords and driver a ident statistics. These guidelines can help you as you set standar s agal t which you can measure MVR's and driver records. They can help to bring a convenience, fairness and consistency to your driver evaluation program. Computation is very simple. Various types of citations and driving error situations have been assigned points, as shown in the table below. All that you need to do is add up the number of points a driver has in order to decide if further action is necessary. As a positive employee relations gesture, we highly recommend that you openly inform drivers about the MVR and driver record review program. A sample notice is provided at the end of this information. You may be able to adapt from this sample notice to advise employees, perhaps through a bulletin board notice for example. MVR/Driver Record Evaluation 1991 Page 2 Action Level: Points. (A suggested Action Level is four (4) to five (5) points, but you may want to set your own Action Level to fit your own driver and vehicle safety program and safety management philosophy). Time period considered: The past three (3) years. However, major convictions, as defined below, are counted as far back as five (5) years. Minor incident or citation, no accident involved: 1 At -Fault Accident: 2 Major Citation or Conviction (within last three (3) years): 6 Major Citation or Conviction (More than three (3), but less than five (5) years ago): 3 Two (2) recorded incidents, accidents or citations within the most recent eighteen (18) months adds: Three (3) recorded incidents, accidents or citations within the most recent eighteen (18) months adds: 2 Any moving traffic citation a driver receives, unless it qualifies as a "Major Citation" or conviction as described below. This category, however, does DQ# include cases involving: (1) Violation of motor vehicle equipment, load or size requirements; (2) Improper display or failure to display license plates; (3) Failure to sign or produce registration card; (4) Failure to have in possession a valid driver's license of the appropriate type and classification for the vehicle being operated; (5) Failure to use seat belts. MVR/Driver Record Evaluation 1991 Page 3 Any accident where the driver is designated as having caused the accident, or negligently contributed to its occurrence. Depending on your particular driver and vehicle safety program, you may want to extend this to include those accidents which are determined to be preventable under the standards and guidelines established by the National Safety Council. Any citation or conviction that involves: (1) Driving while intoxicated or under the influence of alcohol, drugs/controlled substances; (2) Failure to stop and/or report an accident in which the driver was involved; (3) Homocide, manslaughter, or as a motor vehicle; (4) Driving while livenJened elided_ ke (5) Reckless driving; (6) Possession of an r> aVerrh : beve age; (7) Participation in an illegal speed cp rra 9, em t to elude an officer of the law; (9)n��'fit at xcess of ted s eed limit. e w informa�r a appear on an MVR the pos p (Th yvaries from state to state. Coour public sae a orities for information on the speeding citation information display method that is used in your state.) Inciden Includes Minor Citation, At -Fault Accident and Major Citation or Conviction definitions outlined above. This is the point level at which you would typically initiate some type of activity with the affected driver to promote driver safety awareness and further accident prevention. The actions you take are normally tailored to fit your driver and vehicle safety program and management philosophies. Actions can range from a simple, but positive, safety discussion with the affected driver (perhaps by the driver's immediate supervisor), to having the affected driver participate in remedial safe driver training efforts, to removal from driving duties. Termination from employment is also a potential option but should be carefully pursued to avoid problems with employment practices liability exposures. WR/Driver Record Evaluation 1991 Page 4 "As part of our ongoing efforts to promote driver safety awareness and continue to improve our driver and vehicle safety program, there is a recognized need to improve and make more uniform the way driver safety performance is evaluated. The response to this need is to implement a point -scale measuring system which will relate to each driver's State Motor Vehicle Report (MVR) and driver accident and safety records. The point values correspond to various types of driving incidents, citations and convictions, somewhat similar to the systems many states use for determining when a license should be suspended or revoked. Special reviews will be made in cases where points have accumulated to an "action level" within a specific time period. Hopefully, with this system in effect, everyone's safety consciousness will be higher, and we will be able to achieve a better safety record than ever before. This works to everyone's benefit in the reduction of traffic deaths, injuries and property damage." (You may also want to attach or display a copy of the guideline standards you will be using and advise employees of the actions that will be taken as points are accumulated.) Should you desire additional assistance concerning this information, please contact: BERKLEY RISK SERVICES, INC. (Formerly North Star Risk Services, Inc.) LOSS CONTROL SERVICES Minneapolis Centre 920 Second Avenue South, Suite 700 Minneapolis MN 55402-4023 Phone: (612) 376-4200 MVR/Driver Record Evaluation 1991 ,*tate of..........MINNESOTA...__...._.......................� County of _._ -.1................................................................... Onthis........................................................................day of ................................................................... .4. D. 19............. before "W, a Notary Public...........................................................within and for said County, personally appeared Kenneth... Z iIlHIle r .. and.. Har.old ..2 immer.... ......................................................................................................................................................... ................................ ............................... ......... ............................ ..... ................................................................ ...... I.......................................................................... to me known to be the person.A. described in and who executed the foregoing instrument, and acknowled_a'ed that ..they... executed the same as..........their..............free act and deed. .................................................................................................................... . Notary PubUo Countyof .. .......................... .............................. ..._...................... ..._ 1fi Commission expires , 19........... State of ...................................................... _....... _.... . STATE OF MINNESOTA) ) ss COUNTY OF WRIGHT ) On this day of , 191 before me a Notary Public, within and for said County, personally appeared Loretta Roden and Maureen Andrews to me personally known, who, being each by me duly sworn they did say that they are respectively the Mayor and City Administrator of the City of Albertville, a Minnesota Municipal corporation, the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation and said Loretta Roden and Maureen Andrews acknowledged said instrument to be the free act and deed of said corporation. Notary Public County of State of My ccmmission expires: 19. lst Lease Year April 1, 1988 to March 31, 1989 $475.00 per year 2nd Lease Year April 1, 1989 to March 31, 1990 $760.00 per year 3rd Lease Year April 1, 1990 to March 31, 1991 $760.00 per year 4th Lease Year April 1, 1991 to March 31, 1992 $950.00 per year 5th Lease Year April 1, 1992 to March 31, 1993 $950.00 per year The annual rental(s) above shall be paid each year in two equal installments, the first on April 1 and the second on September 1 during each lease year. 91 09 cw qQQ � `C .-. s '•' vvow� y °' A �. o w C �J' d A. O 7C' A y p, ►„ 5''b �. c g °a ° Coy . rn A °q j t, cRo0= C<, y •, ce o N. m 1 9'CD al oo A ITI cl d A 'S'I O ' c• 0 o 5 x aoc rA R x rn- p<�oo y cm to 0i �. C p, Oi Cti A 5 CS. A G rj . rn t9 7 (9 p IL A a p Qj Gt. Aaq f7 'Ci L Cm A C. ►�+ cm 5.avo �. � �e y, � �• �' � �. o � Oo w �• 01 a o.o co cx, fAa co a o r y ��' cam► E ?,r �z z� I �L 3 z z M N O n m c D N m N m n cm 3 D Z L L UA THIS AGREEMENT is made this day of 1992, between the Hanover, Frank oft. Michael & Albertville Water & Sanitary Sewer Board, a Minnesota municipal joint powers entity, (hereinafter "Joint Board") and the City of Albertville, a Minnesota municipal corporation (hereinafter "City"). WHEREAS, in 1978, the Joint Board entered into an agreement, a copy of which is attached hereto as Ethbit A City, forrainafter period referred to as the "Lease"), to lease froma of ninety nine (99) years, certain property, described on attached exhibit A, (hereinafter referred to as the "Property"), the purpose of which was to use a municipal water tower located on the Property; and, WHEREAS, the Joint Board is contemplating construction of a new water tower in the City of St. Michael (hereinafter referred to as "New Tower") which, upon completion, will make the tower currently located on the Property obsolete and superfluous; and, WHEREAS, recognizing the benefit to both parties to be derived from termination of the Lease, the Joint Board and the City Council have approved the termination of the Lease. NOW, THEREFORE, for good and valuable consideration, the receipt of which the parties hereby acknowledge, it is agreed as follows: 1. The Lease shall terminate thirty (30) days following completion of the New Tower, as determined by the Joint Board, and the Joint Board shall relinquish all claims, and shall return to the City, the Property, together with all rights and privileges attendant thereto. 2. Upon execution of this Agreement, the City shall have thirty (30) days in which to request that the Joint Board make arrangements for the removal of the water tower, and any other expense, f� m the Prnopertydin a timely the is d reasonable manneroard, at joint . exp , 3. Entire Agreement. This Agreement contains the entire understanding of the parties. It may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waivor, change, modification, extension, or discharge is sought. o:\W?DATAVT-FQWWA&-LL3a IN WITNESS WHL'REOr, th• parties have executed this Agreement on the day and year first above written. CITY OF ALBERTVILLE BY: ITa s 1U1xOR BY: ITa., ADMINISTRATOR Date: Date: Dated: !Dated: HANOVER, FRANKFORT, ST. MICHAEL is ALBERTVILLE JOINT POWERS BOARD BY: Chairman APPROVED BY: CITY OF HANOVER By: Mayor Clark TOWNSHIP OF FRANKFORT By: Chairman Clerk CITY OF ST. MICHAEL By: Mayor Clerk CITY OF ALBERTVILLE By: Mayor Clerk