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1993-05-17 CC Agenda/Packet• ALBERTVILLE CITY COUNCIL AGENDA May 17, 1993 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * May 3, 1993 V. APPROVAL OF THE MINUTES * May 3, 1993 - Regular Meeting VI. COMMUNITY FORUM - Russ Voght: Septic Problem at Ackerman property VII. Bob Thistle, Springsted, Inc. - Refunding & Improvement Bond VIII. DEPARTMENT BUSINESS A. MAINTENANCE - Project Updates B. ENGINEERING - Project Updates C. LEGAL - City Policy on Letters of Credit and 429 Statutes - Project Updates D. PLANNING COMMISSION - Recommendation to approve Ordinance #1993-7 entitled AN ORDINANCE AMENDING ORDINANCE #1988-12 THE LAND USE (ZONING) REGULATIONS OF THE CITY OF ALBERTVILLE BY ESTABLISHING AN I-1A, LIMITED INDUSTRIAL DISTRICT per minutes of April 27, 1993, meeting - Recommendation to grant final plat approval for Hardwood Ponds 2nd Addition, subject to the recommendations as stated in minutes of the May 11, 1993, meeting - Recommendation to grant final plat approval for Parkside (formerly known as Westwind 4th), • subject to the recommendations as stated in minutes of the May 11, 1993, meeting • 0 • Recommendation to have Meyer check into putting sidewalk or designated walking/bike path on so. side of 50th street and to have crosswalks put in at high school for safety purposes per minutes of May 11, 1993, meeting. E. ADMINISTRATION * Financial Statement (April 29 - May 13) * Approve bills (Check #7408 and Check #'s 7458- 7492) * Approve 3.2 License for Albertville Jaycees June 11 from 5:00 pm - Midnight At Parish Center * Void 3.2 License for Albertville Fire Dept. June 11 from 8:00 PM to Midnight * Approve 3.2 License for Albertville Lions June 11 from 5:00 PM - 9:00 PM June 12 & 13 from Noon - 9:00 PM * Approve contract with ARCA for large appliance recycling * Approve contract with County for street restoration - Proposed new working hours for city employees - Timeclocks - Smoke -free city owned buildings and vehicles IX. OTHER BUSINESS X. ADJOURN UPCOMING MEETINGS/IMPORTANT DATES May 18, 1993 School Board Elections May 20, 1993 Park Board - Regular Meeting May 25, 1993 Planning Commission - Regular Meeting June 7, 1993 City Council - Regular Meeting June 8, 1993 Planning Commission - Regular Meeting June 17, 1993 Park Board - Regular Meeting June 21, 1993 City Council - Regular Meeting June 22, 1993 Planning Commission - Regular Meeting ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS May 17, 1993 III. APPROVAL OF CONSENT AGENDA - Follow Up Sheet - April 19, 1993, Meeting - Minutes of May 3, 1993 - Regular Meeting - Financial Statement (April 29 - May 13) - Approve bills (Check #7458 - 7492) - Approve 3.2 License for Albertville Lions June 11 from 5:00 PM - 9:00 PM June 12 & 13 from Noon - 9:00 PM - Approve 3.2 License for Albertville Jaycees June 11 from 8:00 PM - Midnight At Parish Center ALBERTVILLE CITY COUNCIL May 17, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, John Vetsch, Sharon Anderson, and Albert Barthel, City Clerk Linda Houghton, City Engineer Thore Meyer, City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following items under the Administration Department: (1) Review insurance quotes (2) Set meeting for Comp Plan review (3) Letter to property owners with more than one driveway access (4) Grant program for walkways and bikepaths Berning made a motion to approve the agenda as amended. Barthel seconded the motion. All voted aye. Upon Anderson's request, the bills list was removed from the consent agenda. The ARCA contract and the agreement with Wright County were also removed from the consent agenda. Berning made a motion to approve the Follow -Up Sheet from the May 3, 1993, meeting as presented. Vetsch seconded the motion. All voted aye. Paragraph 6 of Page 6 of the minutes of the May 3, 1993, were amended to state that the Council would check out all other options regarding the possible construction of a fire barn. Berning made a motion to approve the minutes of the May 3, 1993, meeting as amended. Vetsch seconded the motion. All voted aye. Russ Voght questioned the Council about what would be done with the apparently failing septic system on the Ralph Ackerman property. Linda explained that the City's septic system ordinance has no provisions for corrective measures required or for penalties. The City Council will consider adoption of a new septic system ordinance at the next meeting. Doug Psyk addressed his concerns with the proposed Psyk's 5th Addition plat and the developer's agreement for that plat. Linda will set up a meeting with the city attorney and Psyks to discuss and iron out the disagreements with the developer's agreement. Thore will meet with Psyk to review the plat. Thore pointed out that the bid from Northdale Construction for Psyk's 5th Addition has expired without a contract being signed. Attorney Couri ALBERTVILLE CITY COUNCIL May 17, 1993 Page 2 of 6 reminded the Council that the entire project must be rebid. The project can be bid with an alternate bid for PCV piping and with cast iron piping. Russ Voght also informed the Council that there is still a drainage problem on his road. He has worked with the Wright County engineer, but the problem has not been corrected. Linda was directed to check the minutes and information available from 1984 regarding the PPM building to determine whether the road was dedicated to the City or if any variances were given to the property. Bob Thistle of Springsted, Inc. reviewed the proposed new bond issue ($675,000 General Obligation Improvement Refunding Bonds, Series 1993A) to refund the $1,145,000 G.O. Improvement Bonds of 1979, the $675,00 G.O. Improvement Bonds, Series 1985A and the $575,000 G. O. Improvement Bonds Series 1986A and to finance the cost of the City's 1993 50th Street reconstruction project. Thistle reported that the City would save an estimated total of $194,171 in interest over the life of the refunded bonds. The new bond issue would be dated July 1, 1993 and mature February r-- 1, 1994 through 2006, and would be callabe in 2003. The bond sale can be set for June 21, 1993. Anderson made a motion to adopt RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $675,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1993A. Berning seconded the motion. All voted aye. City Engineer Thore Meyer reported that cutting is in progress on 50th Street. Fehn Excavating has been doing a good job attempting to maintain driveway accessibility for the residents. Thore reviewed the drainage feasibility study on the Savitski/Burlington Northern Railroad area. The most beneficial alternative is to lower the culvert under the railroad, but it is also the most expensive alternative. The Council concurred to table any decision at this time. Thore has set up a meeting with MNDOT to discuss the drainage problem along I-94 at 2:00 PM on Friday, May 21. Linda was asked to contact Frankfort Township inviting them to attend this meeting to work out a solution to this mutual drainage problem. Councilman Barthel left the meeting at 8:25 PM. The Council reviewed the contract with Wright County for street restoration of Main Avenue NE. The County will pay for 50% of the bituminous replacement only. Vetsch made a motion to table ALBERTVILLE CITY COUNCIL May 17, 1993 Page 3 of 6 the contract until more information can be gathered regarding costs. Anderson seconded the motion. All voted aye. Thore reported that the contractor for the sidewalk project must come back to finish detail work, but the project is virtually complete. Berning made a motion to table discussions on City policy regarding letters of credit and the 429 statutes until a special meeting set for 7:00 PM on Thursday, May 27. The Council will meet in a joint session that same evening at 7:30 PM with the Planning Commission and the Park Board to discuss the Comp Plan. Vetsch seconded the motion. All voted aye. Couri reported that the court documents on the Psyk settlement have been filed. The City is now able to release that portion of the minutes of the closed meetings that pertain to the Psyk settlement. Couri advised the Council that when a variance or conditional use permit application comes before the Council from the Planning Commission without Findings of Fact, the Council should send the issue back to the Planning Commission. Couri also advised the Council that final plat approvals granted should be conditional. All final plat approvals should be contingent upon the MPCA granting sewer extensions and should state that the City assumes no responsibility for any delays which may occur with the expansion. Mayor Potter announced that he has retained the legal services of Lloyd Grooms to represent the City's interests in the situation involving the City of Otsego's questioning of the Environmental Assessment Worksheet. Attorney Couri left the meeting at 9:05 PM. Anderson made a motion to adopt ORDINANCE 1993-7 entitled AN ORDINANCE AMENDING ORDINANCE #1988-12 THE LAND USE (ZONING) REGULATIONS OF The CITY OF ALBERTVILLE BY ESTABLISHING AN I-1A, LIMITED INDUSTRIAL DISTRICT. Vetsch seconded the motion. All voted aye. The ordinance will be effective upon publication. Vetsch made a motion to grant a conditional final plat approval to Hardwood Ponds Second Addition, contingent upon the following: 1. The developer will comply with all recommendations in the Northwest Associated Consultants' report dated April 22, 1993. n ALBERTVILLE CITY COUNCIL May 17, 1993 Page 4 of 6 2. The developer will comply with all recommendations in the Meyer-Rohlin, Inc. report dated April 22, 1993. 3. The developer will enter into a Developer's Agreement with the City. 4. The developer agrees to dedicate property for a walking path, if feasible, and/or a cash park dedication fee. 5. Final plat approval is contingent upon the MPCA granting sewer main extensions and connections. 6. The City of Albertville accepts no responsibility for delays caused by the inability to connect to the sewer system. Berning seconded the motion. All voted aye. Anderson made a motion to grant conditional final plat approval for Parkside (formerly Westwind Fourth Addition), contingent upon the following: 1. The utilities and street construction on Kahler Drive is extended to County Road 37, as indicated; however, the proposed use of Outlots A and B will be determined so service leads for water and sewer can be provided at the proper locations. 2. The existing berming as developed in Westwind's 1st and 2nd Additions be continued along the northerly property lines of Lots 1-4, Block 1, and the easterly property line of Outlot B to County Road 37. 3. The developer enters into a developer's agreement with the City. 4. Final plat approval is contingent upon the MPCA granting sewer main extensions and connections. 5. The City of Albertville accepts no responsibility for delays caused by the inability to connect to the sewer system. Vetsch seconded the motion. All voted aye. Thore was directed to check into the 50th Street sidewalk issue raised by the Planning Commission. Berning made a motion to approve the Financial Statement for the period April 29 - May 13 as presented. Vetsch seconded the motion. All voted aye. n Berning made a motion to approve payment of the bills as presented (Check Vs 7458-7492). Vetsch seconded the motion. All ALBERTVILLE CITY COUNCIL May 17, 1993 Page 5 of 6 voted aye. Berning made a motion to approve the 3.2 Liquor license for the Albertville Jaycees on June 11 from 5:00 PM to midnight. Vetsch seconded the motion. All voted aye. Berning made a motion to void the 3.2 Liquor License approved for the Albertville Fire Department for June 11 from 8:00 PM to midnight as requested. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the 3.2 Liquor License for the Albertville Lions on June 11 from 5:00 PM to 9:00 PM and June 12 and June 13 from Noon to 9:00 PM. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the contract for recycling appliances on May 22, 1993, with ARCA, contingent upon the specification that the City assumes no billing responsibilities. Anderson seconded the motion. All voted aye. Stan Barthel requested that the City Council consider voiding �•. the Developer's Agreement entered into for Barthel Commercial Park. Linda advised the Council that the document has been recorded already and that in her opinion a developer's agreement cannot be voided upon request. Barthel will meet with Linda to discuss the situation. The City concurred that there will be no change in the City's regular 40 hour work week for all employees. Vetsch made a motion to set City Hall office hours from 8:00 AM to 4:30 PM. Anderson seconded the motion. All voted aye. The Council discussed putting a time clock in City Hall for all employees. Councilmember Anderson will check with her employer regarding using an old time clock he has. The Council discussed making all City owned buildings and vehicles smoke -free. Linda was directed to prepare an ordinance establishing the smoke -free zones for the Council to consider at the next meeting. The Council was advised of a grant program offered through the state for bicycle and walk paths. The information has been referred to the Park Board for their consideration. The Council reviewed the insurance quotations. Linda was directed to get prices on increasing the property in the open category on Four Seasons Park to $25,000 and to delete coverage on the snowplow truck and wing recently sold by the City. The Council ALBERTVILLE CITY COUNCIL May 17, 1993 Page 6 of 6 will make a final determination at the next Council meeting. Anderson made a motion directing Linda to send letters to Dennis Fehn, Jerry Corbin and Ron Andrea concerning those properties having more than one driveway access and advising them that when major construction is undertaken on the adjoining streets that the second driveway access will be removed. Anderson made a motion to adjourn at 10:30 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayor i da Houghton, Clerk' ,*-A n CITY OF ALBERTVILLE FOLLOW UP SHEET MAY 3, 1993 DATE ACTION TO BE TAKEN PERSON 1993 3/15 Put together costs of retaining wall in Meyer Barthel Manor 2nd Addition. 3/15 Review Insurance Quote couicil 3/15 Write change order for second lift of black- Gartner top for 3 blks. along 57th St. & Lander Ave. 3/15 Provide Council with topography map of 51st St. Meyer 3/15 Inspect manhole on frontage road no. of I-94 Meyer to see if it needs to be raised Gartner 3/15 Meet with Rodens, Voght, & Wright County Meyer Engineer to address drainage problem. 4/5 Forward claim from Bebeau to Kadlec & any Meyer 5/12 additional cost incurred by the City. 4/5 Obtain explanation from Ericksen Ellison re: Meyer their apparrent over billing. TENTATIVE NOTES OF MEETING AND MAY CONTAIN INACCURACIES. ALBERTVILLE CITY COUNCIL May 3, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Sharon Anderson, Duane Berning, and Albert Barthel, City Engineers Thore Meyer and Norm Gartner, City Attorney Mike Couri, City Clerk Linda Houghton Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended under Administration to add discussion of the League of Minnesota Cities Annual Conference and the Wright County Mayors' Association meeting. Berning made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. The minutes of the April 19, 1993, meeting were amended on Page 1, Paragraph 5 to clarify that Berning rescinded his motion to vacate 60th Street NE only after Paul Ederer of Security Bank Northwest stated that he did not need the vacation of the street in order to construct the new bank building. Vetsch made a motion to approve the minutes of the April 19, 1993, regular meeting of the City Council as amended. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the April 27, 1993, Board of Review hearing as presented. Barthel seconded the motion. All voted aye. Upon the advise of the city attorney, no results of the closed meetings previously held to discuss litigation between the City and Doug and Beatrice Psyk will be announced until after the proper court documents have been filed. Ken Diers, 11389 54 1/2 Street NE, addressed the Council with his concerns regarding a fire hydrant located in the middle of his lot. Engineer Thore Meyer indicated that the plans and specs called for the hydrant to be located on the lot lines and he was unsure of how or why the hydrant was placed in a different spot. Joint Powers had a representative on site during construction of Psyk's 4th Addition, and the error was apparently not discerned at that point. Moving the hydrant would cost somewhere in the $1,000 area. The consensus of the Council is that Diers should contact the Joint Powers Board about moving the hydrant, since Joint Powers has accepted Psyk's 4th Addition water improvements and subsequent decisions affecting the water system. Judy Roden questioned the Council on what will be done ALBERTVILLE CITY COUNCIL May 3, 1993 Page 2 of 6 regarding a failing septic system on the Ralph Ackerman property. Couri advised the Council that he is aware of the situation and is in the process of reviewing Wright County's ordinance, which was adopted as the City's ordinance to determine the proper course of action. Bob Thistle of Springsted, Inc. reviewed the city's credit profile with the Council. A copy of the Credit Profile is attached as a permanent part of these minutes. Thistle recommended that the Council take four steps to stabilize the City's financial outlook and improve the chances of being rated. The four steps he outlined are as follows: (1) Put together a capital improvement program. (2) Take steps to increase the General Fund fund balance from its current deficit to a positive three -to -four month reserve. (3) Reduce the City's debt. Thistle explained that the majority of City debt is special assessment debt and would be paid of in the next five years. He suggested that some of the current bonds be considered for refunding in order to save interest payments. (4) Establish a five year plan for making capital improvements. Thistle will get Linda copies of other communities' Five Year Program to review. Linda reported that neither Dave Licht or Bob Kirmis from Northwest Associated Consultants would be able to attend the joint meeting with the Planning & Zoning Commission and the Park Board. The Council agreed to postpone the meeting until Linda can contact Licht to find a mutually convenient date to meet. Linda reported that the composting program had been successful and that the maintenance department had reported several requests that the compost site be open at least one Saturday a month during the summer. The Council decided that the Maintenance Department could open the compost site the first Saturday of the month while he is at the wastewater treatment site checking pumps. This will not cost the City any additional expenses for overtime. Mayor Potter told the Council that he had discussed procedures and policies for crack sealing with Ken and they would draft a crack sealing policy prior to working on next year's budget. Anderson made a motion to adjourn to a closed session to discuss pending litigation regarding the assessment appeal by John - George, Inc. at 9:25 PM. Vetsch seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL May 3, 1993 Page 3 of 6 Mayor Potter reconvened the public portion of the City Council meeting at 9:47 PM. Attorney Couri reported he has determined that the concerns over the assessment on the Virgil Pouliot problem that were brought to the Council's attention appear to be a problem between the buyer and seller of the property. The City had done everything properly in placing the assessment on the one PID. The property should have been split and given two PID number when it was sold. Couri explained that the Radzwill Law Office cannot represent the City of Albertville nor the City of Otsego in the disagreement that has risen over the expansion of the wastewater treatment facility. He advised the Council to retain an outside attorney to represent the City's interests. Engineer Norm Gartner recommended that the City have an attorney present to represent the City's interests when the PCA Board meets on May 25, 1993, to consider approval of the recommendation of the PCA staff that an Environmental Impact Statement is not necessary for the wastewater expansion. Vetsch made a motion to authorize Mayor Potter to retain counsel to review the Environmental Assessment Worksheet submitted to PCA and to be prepared to attend the PCA Board meeting on May 25. Barthel seconded the motion. Berning questioned the need for and the cost of retaining another attorney. He questioned if a not -to -exceed cost figure should be established. There were no cost figure limitations added to the motion. Mayor Potter called for a vote on Vetsch's motion. Barthel, Vetsch, and Anderson voted aye. Berning voted no. The motion carried. The Council decided to table discussion on City policy regarding on the 429 statutes and Letters of Credit until after the joint meeting to discuss the City's Comp Plan has been held. Engineer Norm Gartner presented three proposals for an Archaeological Reconnaissance Survey for the wastewater treatment facility needed to answer issues raised by the Minnesota Historical Society. The three proposals are as follows: The 106 Group Ltd. not to exceed $1,226 Archaeological Research Service not to exceed $1,887 Braun Intertec $2,400 Vetsch made a motion to accept the proposal from The 106 Group Ltd. at a not -to -exceed cost of $1,226. Anderson seconded the motion. All voted aye. Gartner recommended that the Council consider increasing the sewer rates within the next six months by approximately 10% in ALBERTVILLE CITY COUNCIL May 3, 1993 Page 4 of 6 order to build up a cash reserve in the sewer fund at the end of twenty years. He also suggested that the Council review the sewer rates and consider an increase in another two or three years. The Council will discuss a rate increase at the meeting to discuss the City's comp plan. Norm reported that he is still waiting for word from the electrical contractor regarding any non -essential cuts in the bid for the expansion of the wastewater treatment plant. Engineer Thore Meyer reported that the pre -construction meeting on 50th Street had been held. Fehn will be beginning grading 50th Street, possibly tomorrow. All but one easement from property owners has been secured. Wilfred Becker has been traveling and is expected to return soon. Thore reported completion of the first lift on blacktop on 50th is scheduled by August 1. Thore reported the Main Avenue sidewalk project is basically complete. The City removed more curb than necessary as requested by the developers of Hardwood Ponds 2nd Addition. The additional costs to the City will be billed to that developer. Thore presented a Feasibility Study for correction of the drainage problems in the Burlington Northern Railroad/County 19 area ( a copy of which is attached as a permanent part of these minutes) for the Council's review. The Council agreed to review the study and discuss what should be done at the next Council meeting. Thore was directed to contact MNDOT concerning their participation in the correction of the drainage problems along the interstate. Frankfort Township is apparently not willing to participate in the costs, but the City Council has concurred that the problem be corrected regardless. Thore reported Widmer, Inc. will be starting the sewer main replacement by 60th Street and Large Avenue or_ June 1. Norm will put together a proposal for repairing the storm sewer on Large Avenue in conjunction with the sewer replacement project for the Council to consider at their next meeting. Anderson made a motion to approve the recommendation of the Planning Commission to grant the variance request from L & D Trucking allowing only partial blacktopping of the parking area, the remainder to be of crushed cement for trailer parking and allowing the placement of curb stops as opposed to curbing the parking area, as presented in the site plan submitted. Berning seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL May 3, 1993 Page 5 of 6 Vetsch made a motion to approve the recommendation Planning Commission granting preliminary plat approval to Ponds 2nd Addition, contingent upon the following: (1) The developer will comply with all conditions outlined in the report from Northwest Associated Consultant dated April 22, 1993. (2) The developer will comply with all conditions outlined in Meyer-Rohlin's report dated April 22, 1993. (3) The developer enters into a Developer's Agreement with the City. (4) The developer will, at his discretion, dedicate property for a walking path, if feasible, and/or make a cash payment for required park dedication. from the Hardwood Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the Financial Statement for the period April 14 - April 28 as presented. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve payment of Check #7408 and Check #'s 7425-7452 as presented. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the 3.2 Liquor License for the Albertville Jaycees for May 7 from 5:00 PM to midnight, May 3 from 10 : 00 AM to midnight, and May 9 from noon to midnight. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the 3.2 Liquor License for the Albertville Jaycees for June 11 from 5:00 PM to midnight, June 12 from 10:00 AM to midnight, and June 13 from noon to midnight. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the 3.2 Liquor License for the Albertville Fire Department for June 11 from 8:00 PM to midnight. Barthel seconded the motion. All voted aye. Vetsch made a motion approving the sale of the 1973 plow truck for $1,500. Barthel seconded the motion. All.voted aye. Because of the lateness of the meeting, the Council agreed to table the insurance review until the next meeting. Anderson made a motion to approve the amendments to the 1993 budget as presented (a copy of which is attached as a permanent part of the record). Vetsch seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL May 3, 1993 Page 6 of 6 The Council took no action on the awarding a bid for improvements in the Psyk's Sth Addition pending a decision from the developer and a signed Developer's Agreement. Doug Psyk questioned whether the City would allow PCV water main to be installed instead of cast iron in Psyk's Sth Addition. Joint Powers has updated its specs to allow PCV to be used, but each community has the option of requiring the use of cast iron. Thore was directed to check into the pros and cons of PCV vs. cast iron. The Council discussed Joint Powers' request that the City require each developer to provide an additional letter of credit or cash escrow to cover construction of the water system. Anderson made a motion to have Joint Powers secure and maintain its own letter of credit or escrow deposit. Barthel seconded the motion. All voted aye. Mayor Potter announced that the annual League of Minnesota Cities Conference is being- held in St. Cloud June 8-11 and told the Council that It any of the Council was interested 1_, attending to contact either him or Linda. Albertville will be hosting the June Wright County Mayors' Association meeting. Mayor Potter briefly reviewed his discussions with Winkelman Construction regarding a lease/purchase program for a new fire barn. Anderson questioned why the City had not received more than one proposal and recommended that the Council should have at least one other proposal to consider before any decision is reached. The general consensus of the Council is to check around for other companies that may provide lease/purchase agreements. Berning made a motion to adjourn at 11:45 PM. Barthel seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk S P R I N GST E D 120 South Sixth Street Pr'A Suite 2500 R,w PUBLIC FINANCE ADVISORS Minneapolis, MN 55402-1800 (612)333-9177 Fax: (612) 349-5230 Home Office 85 East Seventh Place 16655 West Bluemound Road Suite 100 Suite 290 Saint Paul, MN 55101-2143 Brookfield, WI 53005-5935 (612) 223-3000 (414) 782-8222 Fax: (612) 223-3002 Fax: (414) 782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211-1533 (913) 345-8062 Fax: (913) 345-1770 1800K Street NW Suite 831 Washington, DC 20006-2200 (202) 466-3344 Fax: (202) 223-1362 May 13, 1993 Ms. Linda Houghton, Clerk -Treasurer City of Albertville 5964 Main Street Albertville, MN 55301 Re: Recommendations for the Issuance of $675,000 General Obligation Improvement Refunding Bonds, Series 1993A Dear Ms. Houghton: We have enclosed 12 copies of our recommendations for the above captioned issue for distribution to Council members and City staff prior to your meeting on Monday, May 17, 1993. If you should have any questions pertaining to these recommendations, or if you require additional copies, please do not hesitate to contact us. Respectfully, (� T Don W. Perlich Financial Analyst sms Enclosures cc: Mr. Michael C. Couri LAW OFFICES BRIGGS AND MORGAN PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 53101 WRITER'S DIRECT DIAL NUMBER (612) 223-6628 Linda Houghton City Clerk -Treasurer Albertville City Hall P. O. Box 131 Albertville, MN 55301 TELEPHONE (612) 220 • 0000 FACSIMILE '012i 223-64ZO May 13, 1993 �IINNEAPOLIS OFFICE 2400 I D S CE_NTEH 'LINNEAPOLIS, MINNESOTA 3E402 TELEPHONE (012) 334-8400 FACSIMILE (612) 334-8060 RE: City of Albertville, Minnesota - $675,000 General Obligation Improvement Refunding Bonds, Series 1993A Dear Ms. Houghton: Enclosed at the request of Nancy Langness at Springsted Incorporated and at the direction of Mary Ippel of this office, in connection with the above referenced matter, please find five (5) copies of the Resolution Providing for the Competitive Negotiated Sale for adoption at the City council meeting scheduled for Monday, May 17. By copy of this letter, I am sending Nancy said Resolution and the Proposed Form of Legal Opinion for inclusion in the Official Statement. Please do not hesitate to call either Mary or me should you have any questions or comments regarding this matter. Very truly yours, Todd J. Hagen Paralegal TJH:blb Enclosures cc: Nancy Langness (w/encl.) 239393 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA HELD: May 17, 1993 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Albertville, Wright County, Minnesota, was duly held at the City Hall in said City on the 17th day of May, 1993, beginning at o'clock _.M. for the purpose in part of authorizing the competitive negotiated sale of the $675,000 General Obligation Improvement Refunding Bonds, Series 1993A, of said City. The following Councilmembers were present: and the following were absent: Councilmember introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $675,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1993A A. WHEREAS, the City Council of the City of Albertville, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $675,000 General Obligation Improvement Refunding Bonds, Series 1993A (the "Bonds"), to finance public improvements in the City and to refund the 1994 through 2001 maturities of the City's General Obligation Improvement Bonds of 1979, dated October 1, 1979, the 1994 through 1998 maturities of the City's General Obligation Improvement Bonds, Series 1985A, dated September 1, 1985 and the 1994 through 1999 maturities of the City's General Obligation Improvement Bonds, Series 1986A, dated October 1, 1986; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2 (9) : 239393 NOW, THEREFORE, BE IT RESOLVED by the City Council of Minnesota, as follows: the City of Albertville, Authoro• Findin s. The Council hereby izion licit bids for the competitive 1• at. authorizes Springste negotiated sale of the Bonds. • Bid O enin The Council shall meet at Meeting p -_ Proposal attached 2. specified in the Terms of sealed bids the time and place u ose of considering Clerk - the Bonds. The City lace hereto as Exhibit the°salethe of, bids at the time and p for, and awarding shall open Treasurer, or her designee,osal. specified in such Terms of Prop pro of pro osal. The terms and conditions of the 3. Term set forth in the otiation thereof o are fully A and hereby Bonds and the osal" attached hereto Terms of Prof art hereof- ,approved and made a P Official Statement. In connection lolth said 4• the officers or employees of the competitive neg otiated sale, erate with Springsted and City are hereby authorized to coop official statement for the participate in the preparation of an Bonds and to execute and deliver it on behalf of the City upon its completion. foregoing resolution the adoption of the foreg and, after The motion for was duly seconded by Councilmember vote being taken thereon, the full discussion thereof and upon a following Councilmembers voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 239393 2 STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF ALBERTVILLE I, the undersigned, being the duly qualified and acting City Clerk -Treasurer of the City of Albertville, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's $675,000 General Obligation Improvement Refunding Bonds, Series 1993A. WITNESS my hand as such City Clerk -Treasurer and the seal of the City this 17th day of May, 1993. City Clerk -Treasurer ( SEAL) 239393 3 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $675, 000 CITY OF ALBERTVILLE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1993A Proposals for the Bonds will be received on Monday, June 21, 1993, until 1:00 P.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated July 1, 1993, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1994. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1994 $35,000 1999 $65,000 2003 $20,000 1995 $95,000 2000 $60,000 2004 $20,000 1996 $90,000 2001 $55,000 2005 $20,000 1997 $90,000 2002 $20,000 2006 $20,000 1998 $85,000 OPTIONAL REDEMPTION The City may elect on February 1, 2003, and on any day thereafter, to prepay Bonds due on or after February 1, 2004. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance public improvements in the City and to refund the 1994 through 2001 maturities of the City's General Obligation Improvement Bonds of 1979, dated October 1, 1979, the 1994 through 1998 maturities of the City's General Obligation Improvement Bonds, Series 1985A, dated September 1, 1985 and the 1994 through 1999 maturities of the City's General Obligation Improvement Bonds, Series 1986A, dated October 1, 1986. TYPE OF PROPOSALS Propos als shall be for not less than $666,900 and accrued Good Faith Deposit ("Deposit") print') in amount of the Bonds. Proposals shall be accompanied an each proposal. If a the form of a certified or cashier's check or a Financial it must acBond ompn y e amount o al. If , payable to the order of the City. If a check is u licensed to issue such a Financial Surety Bond is used, it must be from ed 'insurance City company Suh bond must be submitted to bond in the State of Minnesota, and preaep'n of he proposals. The Financial Surety Bond Springsted Incorporated prior to the opening Bond. If must identify each underwriter whose ter using is F nanc al Sguaranteed urety Bond, then that rp� c purchaser is the Bonds are awarded to an underwrit 9e form of a required to submit its Deposit to Springsted Incorporated in norated not later hano3 30 P.M., check or wire transfer as instructed f P. g to satisfy the Deposit Cen tral Time, on the next business day following the aw award. ifsuch cCityeposit is not received by that time, the Financial Surety Bond may be purchaser The City will deposit the check of the heururchaser. In he event theelph will be requirement. the City. No deducted at settlement and no interest will ccsaid amount will be retained by proposals unless the fails to comply with the accepted proposal, set for proposal can be withdrawn o for award f theed after tBondshe eis adjourned,' recessed, or continued to meeting of the City scheduledeen another date without award oaf the Bonds st be i n ascend made. g o der. Bonll be ds of In integral the same multiples of 5/100 or 1 /8 of 1 . Rates mu No maturity shall bear a single rate from the date of the Bonds to the date of maturity. conditional proposals will be accepted. AWARD computation of the interest rate of each proposal, in The Bonds will be awarded on the basis of the lowest interest rate to be determined on a rue interest cost (TIC) basis. Tract c'e will be c ontrolling. accordance with customary p ro osal or of The City will reserve the right to: (i) waive non -substantive informalities of any p p afters relating to the receipt of proposals and award he Citydeterminesthe dsto'haveefailedct all proposals m which t tY without cause, and, (iii) reject any proposal with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION the Bonds qualify for issuance of any policy of municipal bond insurance orcommitment If purchase of any such insurance policy r the therefor at the option of the underwriter, the p purchaser of issuance of any such commitments be at the sole option and expense of the p from such urchase of the Bonds. Any increased costs ofissuance aser except that, of the if the City has ronds equested and received a insurance shall be paid by the purchaser, the Ci will pay that rating fee. Any o 9 tY rating on the Bonds from a rating agency, purchaser. agency fees shall be the responsibility of the p s have been awarded to Fa ilure of the municipal bond insurer to issue the policy afte b the pudrehaser to accept delivery the purchaser shall not constitute cause for failure or r Y the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no -litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 30 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated May 17, 1993 BY ORDER OF THE CITY COUNCIL /s/ Linda Houghton Clerk -Treasurer PV,A SPRINGSTED PUBLIC FINANCE ADVISORS Home Office 85 East Seventh Place Suite 100 Saint Paul, MN 55101-2143 (612) 223-3000 Fax: (612) 223-3002 May 7, 1993 120 South Sixth Street Suite 2507 Minneapolis, MN 55402-1800 (612) 333-9177 Fax: (612) 349.5230 16655 West Bluemound Road Suite 290 Brookfield, WI 53005.5935 (414) 782-8222 Fax: (414) 782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211-1533 (913) 345-8062 Fax: (913) 345-1770 Ms. Linda Houghton, Clerk -Treasurer 180Suitetreet 831 NW City of Albertville Washington, DC 20006-2200 (202) 466-3344 P.O. Box 131 Fax: (202) 223-1362 Albertville, MN 55301 Dear Ms. Houghton: We are in the process of gathering information for the City's upcoming bond issue. In order to prepare an accurate description of the City for prospective underwriters, we will need your assistance in providing us with the following information. First, we are enclosing a copy of the "Certificate As To Organization," an important part of the legal transcript pertaining to this issue. Please complete, sign and seal. In addition to the Certificate, please provide the following: A copy of City's the 1992 audited financial statement. 2. A copy of the City's current budget. 3. A listing of the City's (as of the most recent date available) funds on hand (cash and investments) by fund or group (please specify date). Please specify funds available for debt service. 4. Building permits issued in 1988, 1989, 1990, 1991, 1992 and to -date in 1993. If annual reports are prepared by the building inspection department, please send copies of those. We need to know the number and value of all permits issued, and the number and value of new residential permits with number of units. 5. Does the City have any lease -with -purchase agreements? 6. A copy of the City's Capital Improvement Plan, if available. If you have any questions regarding the information requested, please do not hesitate to call. We would appreciate having this information as soon as possible. Sincerely, Corliss J. Weeks Vice President �JelC )�4!O fo Aep 6 l ' slyt leas /I!O ayt pue puey (-IV3S) Aw SS3N11M (•96ed payoeue atejedes a uo suo!ldeoxe Aue elou asseld) -pateldwatuoo Altuaiino jo 6u!puels1no mou sseupatgepui pepuoq uo iseaatui pue jo led!ouud ayt Aed of 41!0 ayt jo Ai!l!ge ayl i!edwi ll!M yoigm 10 'spuoq enss! jo Aeuow mojjoq o} A;!O ayi jo 114611 eyt jo ploy of pates si uosiad p!es ao!go eyt of u!eiey1 peweu Mayor Administrator* Clerk Treasurer Council Person Council Person Council Person Council Person Council Person Council Person Council Person Council Person Council Person Attrxnau Engineer Finance Officer* * Please specify correct title. 5. Regular meetings of the City Council are held at in the City on the of each month at o'clock, .M. 6. The is the official newspaper of said City and is published at on of each week. 7. The City has no unpaid judgments for which it is liable. (Please note exceptions on a separate page.) 8. The city has never defaulted in the payment of principal of and interest on any bonded indebtedness and there is no litigation pending, or known to be threatened, questioning the organization or boundaries of the City, or the validity of its Charter or amendments thereto, or the right of any person LAW OFFICES BRIGGS AND MOBGAN PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 TELEPHONE (612) 223 - 6600 FACSIMILE (612) 223-6450 MINNEAPOLIS OFFICE May 7 1993 2400 IDS CENTER WRITER'S DIRECT DIAL NUMBER y , MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 1612) 334-8400 FACSIMILE 1612) 334-8650 (612) 223-6628 Linda Houghton City Clerk -Treasurer Albertville City Hall P.O. Box 131 Albertville, MN 55301 RE: City of Albertville, Minnesota - Proposed Issuance of General Obligation Bonds (1993) Dear Ms. Houghton: Enclosed at the request of Bob Thistle of Springsted Incorporated and at the direction of Mary Ippel of this office, in connection with the above referenced matter, please find the Reimbursement Resolution for adoption at an upcoming City Council meeting. By copy of this letter I am sending Bob a copy of said Resolution. Please do not hesitate to call either Mary or me should you have any questions or comments. Very,,tru ly yours, Todd J. Hagen Paralegal TJH:kmi cc: Bob Thistle Springsted Incorporated Public Finance Advisors 85 East Seventh Place #100 Saint Paul, Minnesota 55101-2143 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council") of the City of Albertville, Minnesota (the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued final Treasury Regulations Section 1.103-18 (the "Regulations") dealing with reimbursement bond proceeds, which would include those proceeds of the City's bonds to be used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. (b) The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of subsequent borrowings, that such declaration generally be made on or before the date the expenditure is actually paid, that the bonding occur and the reimbursement allocation be made from the proceeds of such bonds within one year of the payment of the expenditure (or not later than one year after the project is placed in service, if that is a longer period), and that the expenditure be a capital expenditure. (c) The City desires to comply with the Regulations and to establish certain procedures relating thereto. (d) The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have made an official declaration of its reasonable intention (hereinafter referred to as the "Official Intent Declaration" or the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequent bonds or other borrowings. The Council hereby authorizes the City Clerk - Treasurer to make the City's Official Intent Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (a) Each Declaration shall be made on or before the date the City pays the applicable project cost and shall 239011 state that the City reasonably intends and expects to reimburse itself for the expenditure with proceeds of a borrowing. Each Declaration may be made substantially in the form of the "Declaration of Official Intent" which is attached to and made a part of this Resolution. (b) Each Declaration shall specifically contain the following statement: "This Declaration is a declaration of official intent under Treasury Regulations Section 1.103- 18." (c) Each Declaration shall and is hereby declared to be made and filed in the publicly available official books, records, or proceedings of the City, which shall be reasonably available for public inspection at City Hall during normal business hours of the City on every business day during the period beginning on the earlier of 10 days after the making of the Declaration or the date of issuance of the reimbursement bonds and ending on the day after the issuance of such bonds. (d) Each Declaration shall, at a minimum, contain a general functional description of the property, project, or program for which the expenditure to be reimbursed is paid (for example, 111992 Street Improvement Project" or other specific, identifiable project of the City) or, in the alterative, shall identify the particular fund or account of the City from which the expenditure to be reimbursed is paid, including a description of the general functional purpose of that fund or account (for example, "park and recreation fund -recreational facility capital improvement program"). (e) Each Declaration shall also contain a statement of the maximum principal amount of debt expected to be issued for the subject project. (f) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City does not reasonably expect that it will ultimately issue reimbursement bonds to provide long-term financing for the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations in general and their application in particular circumstances. It is the Council's intention that Declarations not be made (i) when available funds of the City have been or are reasonably expected to be dedicated or otherwise reserved to fund on a long-term basis the particular expenditures involved or (ii) when it is not reasonably expected that reimbursement bonding will occur. 239011 2 (g) The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Official Intent Declarations, including recommendations on the timing of the issuance of such bonds so that the "reimbursement allocation" described in the Regulations and in paragraph 3 below can be made within the 1 year time limits prescribed in the Regulations. (h) This Resolution shall supplement and amend all prior determinations and policies adopted by the City in regard to complying with the Regulations, as initially proposed, and in the event of any inconsistency between the terms provided in this Resolution and said prior determinations or policies, the provisions of this Resolution shall govern. 3. Reimbursement Allocations. The designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of reimbursement bond proceeds to reimburse the source of temporary financing used by the City to make payment of the prior expenditure. Each allocation shall be evidenced by an entry on the official books or records of the City maintained for such reimbursement bonds; shall specifically identify the actual prior expenditure being reimbursed or, in the case of the reimbursement of a particular fund or account, the fund or account from which the expenditure was paid; and shall be effective to relieve the bond proceeds involved from any restriction under the bond resolution or other relevant legal documents for those bonds and under any applicable state statute applicable to unspent proceeds of such bond issue. Adopted this day of Albertville City Council. , 1993, by the 239011 3 Declaration of Official Intent The undersigned, being the duly appointed and acting City Clerk -Treasurer of the City of Albertville, Minnesota (the "City"), pursuant to and for purposes of compliance with Treasury Regulations Section 1.103-18 (the "Regulations") under the Internal Revenue Code of 1986, as amended, hereby states and certifies as follows: 1. The undersigned has been and is on the date hereof duly authorized by the governing body of the City, the City Council, to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. This Declaration is a declaration of official intent under Treasury Regulations Section 1.103-18. [Note: the following paragraphs 2A and 2B are alternatives; one or the other of those paragraphs must be completed, both may be, if applicable.] 2A. The property, project, or program to which this Declaration relates is generally and functionally described as follows: 2B. The specific fund or account of the City from which the expenditure to be reimbursed will be paid, and the general functional purpose of that fund or account, are as follows: 3. The maximum principal amount of the debt expected to be issued by the City for the purpose of reimbursing the expenditures to which this Declaration relates (the "Expenditures") is on the date hereof reasonably estimated to be $ Each of the Expenditures is (or would be with a proper election) a capital expenditure under federal tax law principles, as described in the Regulations. 239011 1 4. The City intends and reasonably expects to reimburse itself for the payment of the Expenditures out of the proceeds of a borrowing (the "Bonds") to be made by the City after the date of payment of the Expenditures. 5. As of the date hereof, there are no sources of City funds which have been or are reasonably expected to be allocated or available on a long-term basis, reserved, or otherwise set aside to provide permanent financing for the Expenditures, other than pursuant to the subsequent issuance of the Bonds. On the basis on the foregoing, the statements and certifications contained in this Declaration are believed to be reasonable and accurate, and this Declaration is believed to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 6. This Declaration is and shall remain a part of the publicly available official books, records, or proceedings of the City and shall be continuously available for inspection by the general public at City Hall during regular City hours for a period ending not earlier than the day after the issuance of the Bonds. IN WITNESS WHEREOF, Declaration and placed it this day of the undersigned has executed this on file in the official City records 1993. City Clerk -Treasurer City of Albertville, Minnesota 239011 11 CERTIFICATION The undersigned, being the duly qualified and acting City Clerk -Treasurer of the City of Albertville, Minnesota, hereby certifies the following: The foregoing is true and correct copy of a Resolution on file and of official, publicly available record in the offices of the City, which Resolution relates to procedures of the City for compliance with certain IRS Regulations on reimbursement bonds. Said Resolution was duly adopted by the governing body of the City (the "Council") at a regular or special meeting of the Council held on , 1993. Said meeting was duly called, regularly held, open to the public, and held at the place at which meetings of the Council are regularly held. Councilmember moved the adoption of the Resolution, which motion was seconded by Councilmember . A vote being taken on the motion, the following members of the Council voted in favor of the motion to adopt the Resolution: and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted. The Resolution is in full force and effect and no action has been taken by the Council which would in any way alter or amend the Resolution. WITNESS MY HAND officially as the City Clerk -Treasurer of the City of Albertville, Minnesota, this day of , 1993. City Clerk -Treasurer City of Albertville, Minnesota 239011 PLANNING & ZONING COMMISSION APRIL 27, 1993 ALBERTVILLE CITY HALL 7:00 PM COMMISSION MEMBERS PRESENT: LeRoy Berning, Howard Larson, Roger Johnson, Donatus Vetsch, alternate Jan Heikes, and Secretary Ann Culley. ABSENT: Albert Barthel Chairman Berning called the meeting to order at 7:00 PM. Vetsch made a motion to approve the agenda as submitted. Heikes seconded the motion. All voted aye. A motion was made by Johnson to approve the minutes of the April 13, 1993, meeting as submitted. Larson seconded the motion. All voted aye. Chairman Berning called the Public Hearing to order at 7:05 PM C to consider a text amendment for inclusion of an I-lA District in the Zoning Ordinance. There were no comments from the general public. At 7:12 PM Vetsch made a motion to close the public hearing. Larson seconded the motion. All voted aye. Heikes made a motion to recommend that the City Council approve the passage of Ordinance #1993-7 entitled AN ORDINANCE AMENDING ORDINANCE NO. 1988-12, THE LAND USE (ZONING) REGULATIONS OF THE CITY OF ALBERTVILLE BY ESTABLISHING AN I-1A, LIMITED INDUSTRIAL DISTRICT. Johnson seconded the motion. All voted aye. Chairman Berning called the Public Hearing to order at 7: 15 PM to consider a map amendment to include an I-lA district. The Commission was unclear as to why the map amendment was necessary and directed Ann to contact Licht for clarification of the need for a map amendment. Larson made a motion to table action regarding the map amendment until such time as Licht has had an opportunity to clarify its need. Johnson seconded the motion. All voted aye. Johnson made a motion to close the public hearing at 7:30 PM. Vetsch seconded the motion. All voted aye. Chairman Berning Called the Public Hearing to order at 7:30 PM to consider L & D Trucking's request for a variance to allow semi- trailers to be parked on an unpaved area of their property and also to allow placement of curb stops as opposed to curbing around the perimeter of the parking lot. Diane Vinge explained which areas she was proposing to blacktop and which area she was proposing to place crushed cement for the parking of her semi -trailers. She further showed the Commission where she planned to place curb stops as opposed to curbing. Vinge explained that there may be some PLANNING COMMISSION - 4/27/93 Page 2 of 3 problems with compaction and that she would like to finish her parking lot in phases. She further stated that she was targeting the end of this blacktop season, which she estimates to be mid - September, for completion of her site work. Vetsch was concerned that this not be allowed to go on for 3 to 4 years. There were no comments from the public. Larson made a motion to close the public hearing at 7:45 PM. The motion was seconded by Vetsch. All voted aye. Johnson made a motion to recommend that the City Council approve L & D Trucking's request for a variance to allow for partial blacktopping of the parking area, the remainder to be of crushed cement and to allow the placement of curb stops as opposed to curbing per submitted site plan. Heikes seconded the motion. All voted aye. Chairman Berning opened the Public Hearing at 7:50 PM to consider preliminary plat approval for Braun's Hardwood Ponds 2nd Addition. The Commission was concerned that Braun be aware that all lots must meet the 12,500 sq. ft. minimum and that the cul de sacs meet the required 60' radius. The Commission stated that they C would like to see a walking path easement between lots 11 and 12 of block 1. They felt this could be placed over the required utility easement. The Commission directed Ann to contact Thore Meyer and have him contact the property owner of Lot 12, Block 5 of Barthel's Industrial Park to see if he would be willing to grant an easement to the City for a 6' or 14' walking path. There were no comments from the public. Johnson made a motion to close the public hearing at 8:15 PM. Vetsch seconded the motion. All voted aye. Larson made a motion to recommend that the City Council approve the preliminary plat for Braun's Hardwood Ponds 2nd Addition contingent upon Braun's compliance with Northwest Associated Consultant's report dated April 22, 1993, upon compliance with Meyer-Rohlin's report dated April 22, 1993, upon completion of a Developer's Agreement, and upon the Developer, at his discretion, dedicating property for a walking path if feasible and/or cash for required park dedication. Vetsch seconded the motion. All voted aye. Larson made a motion to schedule a public hearing for May 25, 1993, at 7:00 PM to consider a text amendment to the current Zoning Ordinance, Section 200.2 (18), Building Height. The motion was seconded by Johnson. All voted aye. The Commission next addressed the proposed site plan and variance request for DJ's Total Home Care Center. LeRoy Berning, Manager of DJ's, is requesting a variance to install curb stops as opposed to the required curbing in order to aid in drainage. c PLANNING COMMISSION - 4/27/93 Page 3 of 3 Berning stated that it is cost prohibitive to do the necessary site work to correct the drainage problem in this area. He further stated that there is no storm sewer in this area and that the current parking lot contains no curbing. The Commission will do their findings of fact and bring them to the public hearing. The Commission addressed the need for a variance to place crushed granite in the City Park parking lot as opposed to blacktopping. Berning stated that the soils are unstable and blacktop would not hold. Berning further stated that much of the property used for parking is leased from the railroad. Ann stated that she had talked with Thore Meyer and Meyer had informed her that to the best of his knowledge, compaction tests had never been completed and that he could not attest to the fact that there are unstable soils in that particular location. The Commission questioned if compaction tests should be done. Ann stated that she didn't think there was money in the park budget for this type of expenditure and that if they wanted to require compaction tests, they should contact the Park Board. Larson made a motion to adjourn at 9:30 PM. The motion was seconded by Johnson. All voted aye. Ann Culler, Secretar r/ _.. TENTATIVE NOTES OF MEETING AND MAY CONTAIN INACCURACIES. PLANNING & ZONING COMMISSION MAY 11, 1993 ALBERTVILLE CITY HALL 7:00 PM COMMISSION MEMBERS PRESENT: LeRoy Berning, Howard Larson, Roger ,Johnsen, Donatus Vetsch, Albert Barthel. alternate Jar: Heikes, and Secretary Ann C,ulley. Chairman Berning called the meeting to order ,at 7:00 PM. Vetsch made a motion to approve the agenda as submitted. Johnson seconded the motion. All voted. aye. A motion was made by Johnson to approve the minutes of the April 27, 1993, meeting as submitted. Vetsch seconded the motion. All voted aye, The Planning Commission. addressed Bob Braun"s request for final plat approval for Hardwood Ponds 2nd. Addition. Tree Commission questioned their proposed walking path between: lotsll and 12 of block 1. Ann told the Commission that Braun had talked with adjoining property owner Kevin Zachman with regard to the Possibility of Zachman granting an easement for a walking path over the already existing utility had been negative. easement and that Zachman"s response The Commission reviewed the final plat and found all lot size, to be in compliance with the 12,500 sq.-ft. required by ordinance. The Commission further noted that the cul de sacs had been revised to the required 60" radius. Johnson made a motion to recommend that the City Council approve the final plat for Hardwood Ponds 2nd addition subject to: 1. Revision of on -lot drainage pattern to contain surface water on plat. To be reviewed and approved by City Engineer. 2. Request by developer for street and utility improvement through 429 Improvement Statute. 3. Completion of Developer's Agreemen- 4. Comments and recommendations from County Engineer (re: Co. Rd. 35) 5. Approval of sanitary sewer extensions by MPCA. 3. Building heights of principal structures do not exceed 215 feet. 7. Lot coverage ( impervious surface) of buildings, accessory buildings, and/or paved areas does not exceed 30% of the total lot area.. 3. A cash contribution of $4 590 be accepted by the ("i meet the necessarydedication T,i] park dedi��at i on: requirement 9. A street, lightini7 Plan be submitted for review and approval by City Staff, PLANNING COMMISSION - 5/11/93 Page 2 of 3 .Johnson further recommended that the City Council direct the City Engineer to review the plat plan for Barthel Industrial Park (the Property adjoining Hardwood Ponds 2nd Addition) and see if any easements for walking paths exist and if so, to have the developer try to incorporate an easement for a walking path in the appropriate place to line up with any possible existing walking path easements. Larson seconded the motion. All voted aye. The Planning Commission addressed KENC,O's request for final Plat approval for Parkside (formerly known as Westwind 4th Addition). After reviewing Thore Meyer's review of the Parkside Plat, the Commission questioned what the future plans for outlots A & B are. Kent Roessler of KENCO assured the Commission that, as the owner of the outlots, he would come to the City with his proposal for the outlots prior any work being done on the utilities. Barthel made a motion to recommend that the City Council- grant final plat approval for Parkside contingent upon: 1. The utilities and street construction on Kahler Drive being extended to County Road 37 as shown, however, the Proposed use of Outlots A & B will need to be determined so service leads for water and sewer can be provided at the proper locations. The existing berming as developed in Westwind's 1st and 2nd Additions be continued along the northerly property lines of lots 1-4, block 1, and the easterly property line of Outlot B to Co. Rd. 37. 3. Request by developer for the street and utility improvements through the 429 Improvement Statute. 4. Completion of Developer's Agreement with City. 5. Approval of sanitary sewer extensions by MPCA. The motion was seconded by Larson. All voted ,eye. Ann explained to the Commission that with regard to the - Possible I-lA map amendment, it is not necessary to amend the map at this time unless the Commission Wants to designate a specifi area as I-lA. It was the consensus of the Commission that they will not amend the map at this time. The Commission requested. that Ann or Linda follow up on all fax transmissions to the Wright County Journal F-ess. The Planning Commission wants to make certain that connecting walking paths are included in all new developments and would like to address this with the City Council and Park Board at the joint meeting to be held at a future date. They further feel this should be included in the Ci.ty's Comprehensive Plan. PLANNING COMMISSION - 5/11/93 Page 3 of 3 Berning made a motion to recommend that the City Council have Thore Meyer check into the possibility of putting a sidewalk or designated walking/bike path on the south side of 50th Street from Main Avenue to the High School or all of the way to Co. Rd. 19 due to the fact that is very unsafe for the students and the bikes and foot traffic presents a safety hazard. He further motioned to request that the City Council look into having crosswalks painted on 50th Street by the High School. Vetsch seconded the motion. All voted aye. Larson made a motion to adjourn at 8:00 PM. The motion was seconded by Johnson. All voted aye. Ann Culley, Secretary CITY OF ALBERTVILLE FINANCIAL STATEMENT April 29 - May 13, 1993 Beginning Cash Balance April 29, 1993 INCOME (Apr. 14 - Apr. 28) Beer Licences 25.00 Building Permits 5,788.66 Dog Impound Fee 35.00 Dog License 10.00 Interest Income 382.22 Loan Payment -Fraser Steel 585.27 Miscellanous Sign Damage 55.00 Street Repairs 100.00 Park Donation (Jaycees) 2,400.00 Park Donation (Broomball) 500.00 Park Rent 100.00 Sewer Penalties 18.42 Sewer Receipts 187.56 Storm Water Penalties 2.10 Storm Water Receipts 16.57 Title Search 30.00 TOTAL INCOME EXPENSES (Apr. 29 - May 13) Check #'s 7408 & #'s 7425-7452 (approved 5/3/93) 16,533.44 PAYROLL 4/21 - 5/4 Check # 7453 - Ann 495.83 Check # 7454 - Linda 784.58 Check # 7455 - Ken 922.67 Check # 7456 - Mike 587.28 Check # 7457 - PERA 359.85 TOTAL EXPENSES 10,235.80 19,683.65 $280,163.55 Ending Cash Balance May 13, 1993 $270,715.70 INVESTMENTS: CD #8816 - matures 7/10/93 @ 2.75% CD #8222 (Lions) - matures 7/19/93 @ 2.75% CD #8807 - matures 9/29/93 @ 3.5% CD #8925 - matures 6/2/93 @ 2.9% CD #8579 - matures 6/29/93 @ 3.05 Piper-Jaffray Investments TOTAL INVESTMENTS 564,933.25 31,034.75 356,108.22 107,514.67 157,189.40 455,324.13 $1,672,104.42 CITY OF ALBERTVILLE BILLS TO BE PAID MAY 17, 1993 Check No _ Vendor 7458 Albertville Auto Parts 7459 Anoka Tevhnical College 7460 Biff's, Inc. 7461 Merlin Brandt 7462 Chouinard Office Prods. 7463 City of St. Michael 7464 DJ's Home Care 7465 Don's Auto 7466 ESP -Registrar 7467 Feed -Rite Controls 7468 First Trust 7469 Gopher State One -Call 7470 Hack's 7471 Linda Houghton 7472 Sandy Kjellberg 7473 G. D. LaPlant 7474 Ken Lindsay 7475 Long Lake Tractor 7476 Meyer-Rohlin, Inc. Reason Amount Stock Supplies 90.21 Bloodborne Pathogens 105.00 Course Satellite Rent 73.26 Four Seasons Park 21 hrs Crack Sealing 99.27 Office Supplies 16.00 56 kegs crack 1,232.00 sealant Shop - 35.61 67.14 Streets - 3.14 Fire Dept. - 28.39 Streets - 37.27 51.76 WWTF - 14.49 Manuals for Applicator 22.50 Licenses Wastewater testing 59.50 1988 GO Sewer/Water 5,867.50 Locations 20.25 April 1993 146.94 Mileage 22.50 33.5 Hrs Crack Seal 154.68 March Service 83.60 Mileage 17.20 Parts/Loader 135.22 General - 810.38 9,856.88 Drainage- 1338.25 Mud Lake- 1478.25 1992-11A- 6230.00 7477 Minnegasco Park - 33.42 178.48 C.H. - 145.06 7478 Montgomery Watson Water Samples 1,514.00 Mud Lake/Otsego Cr. 7479 Monticello Animal Control April Charges 15.50 7480 Monticello -Big Lake Hosp. First Responders 285.00 7481 City of Monticello Animal Control 81.00 7482 Newman Traffic Signs Watch For Children 48.44 7483 NSP Str. Light 1,916.32 2036.07 WWTF 114.18 Lift Station 5.57 7484 NW Associated Conslts General 209.60 715.32 L & D 219.18 Hardwood 2 286.54 7485 Norwest 90 GO TI 7856.25 18,742.50 90 GO Imp 10886.25 7486 Olson & Sons Electric Park Shelter 691.58 7487 PERA Life Insurance Linda & Ann 24.00 7488 Pat's 66 Gas 22.44 7489 Petty Cash Reimbursement 35.15 7490 Univ. of MN Tuition - Year 3 325.00 Clerk's Institute 7491 Sheraton Midway Hotel -Clerk's Inst. 309.40 7492 Wr. Co. Journal -Press April Publications 718.93 TOTAL BILLS $43,864.22 APPLICATION FOR NON -INTOXICATING MALT LIQUOR LICENSE The undersign, certifies that it cc mplies with the Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that Section, and that this application makes petition for a limited license as a "Bona Fide Club" for a limited non -intoxicating malt liquor license. 1. Name of Applicant. 2. Name and Address of President and Secretary of Applicant: /T06 /4il,�,,,- �1 G1r v 3. Purpose for which funds derived will be �used: y� �IYy\ /V1(4 n 4. Date of activities for which license is requested: 5. Premises from which non -intoxicating .malt liquor will be dispensed on said date: 6. Hours of operation on the date for which limited license is requested: 7. Number of previous license obtained this calendar year: B. Name, address, telephone number aSitn held wit Club of person signing this application: ,(��vy �J� ��ai_ 7/fmf1( -30 NOTE: License fee of $10.00 per day is required to accompany this application. NOTE: Applicant must appear in person before the City Council for approval of limited license. DATED: Signatur / of p icant(s) OB/19/91 �g e Z C2 a C - { oC o t� a O : CL. _ m� �m cn m � y M a � .. APPLICATION FOR NON -INTOXICATING MALT LIQUOR LICENSE The undersign, certifies that it co mplies with the Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that Section, and that this application makes petition for a limited license as a "Bona Fide Club" for a limited non -intoxicating malt liquor license. 1. Name of Applicant: Albertville Lions `Club 2. Name and Address of President and Secretary of Applicant: _ :Mary Vetsch Monticello Dick ',Mendell Albertville 3. Purpose for which funds derived will be used: Community Projects 4. Date of activities for which license is requested: June 11-12-13-93 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: City Park b. Hours of ooeration on the date for which limited license is requested: June 11 5 :00 P11 till 9:00 PM June 12-1 3 Noon till 9:00 71d, Daily 7. Number of previous license obtained this calendar year: 0 8. Name, address, telephone number and position held with Club of person signing this- application: Donatus Vetsch Albertville A97-2034 NOTE: License fee of $10.00 per day is required to accompany this application. NOTE: Applicant must appear in person before the City Council for approval of limited license. DATED: S' Inature of Applicants) 08/19/91 ARCA Minnesota, Inc. 2601 Broadway Road NE, Minneapolis, MN 55413 *ARCA Minnesota Is an Appliance Recycling Camara of America Company April 30, 1993 Linda Houghton City of Albertville P.O. Box 131 Albertville, MN 55301 Dear Ms. Houghton: I would like to offer you ARCA Minnesota's services for your city's appliance recycling needs. For a community clean-up or recycling day, we can site a trailer at a location convenient for your residents, and provide two or three people to load the appliances onto the trailer. The community clean-up fee is eight dollars per appliance; we charge nine dollars per appliance on Saturdays to cover overtime costs. ARCA Minnesota will work with your community to provide the safest, most efficient, and most reliable appliance recycling available. In addition to our excellent service, ARCA Minnesota can also provide your city with something that nobody else can offer, no risk. Cities are responsible for the hazardous wastes associated with appliances because they are the generators. ARCA Minnesota utilizes two methods to eliminate this risk. The first relates to how we handle the most dangerous hazardous waste PCB's, we ship our PCB capacitors to Texas for incineration. The city's liability is eliminated when the PCB's are destroyed, otherwise the city still assumes liability. The second method concerns insurance. Since general liability insurance doesn't cover hazardous wastes, we brought Pollution Legal Liability Insurance to cover us and anyone we contract with in the event of a spill, accident or law suit. these two methods of risk management allows ARCA Minnesota to: A. Become the owners of the appliance. B. Assume risks related to recycling appliances. C. Eliminate any liability. We look forward to serving your community. Thanks for your time and please give me a call if you have any questions or suggestions at (612)378-1100. Sincerely, 7 Karl Bowman Sales Representative KB/lm Encs. WORKING FOR A CLEANER ENVIRONMENT PRINTED ON RECYCLED PAPER ARCA Minnesota, Inc. 2601 Broadway Road NE, Minneapolis, MN 55413 •ARCA Minnesota Is an Appliance Recycling Centers of America Company April 30, 1993 Linda Houghton City of Albertville P.O. Box 131 Albertville, MN 55301 Dear Ms. Houghton: FAX (612) 378-2639 To enable ARCA Minnesota, Inc. to provide a professional and quality appliance recycling service to you, it is necessary for us to complete the contract with you for billing and insurance purposes. Enclosed are two copies of our Appliance Recycling Agreement. Please sign both copies, retain one for your office and return the other to us in the self-addressed stamped envelope enclosed. Also note that there is no mileage charge for community clean-ups. If you have any questions please contact us at 612/378-1100. Sincerely, 6' G,/� ✓ � �LGi Douglas F. Howe Center Manager DH/KB/lm Encs. Personal Regards, Ll Bowman Sales Representative WORKING FOR A CLEANER ENVIRONMENT t�� PRINTED ON RECYCLED PAPER QUANTITY PICKUP PROGRAM (OPP) APPLIANCE COLLECTION AND RECYCLING AGREEMENT This agreement between City of Albertville (Contractor) and ARCA Minnesota, Inc. shall establish a mechanism for the collection and processing of household appliances collected by the Contractor at 5964 Main Street and processed at the ARCA Minnesota, Inc. Center. The household appliances to be collected and processed will include, but not be limited to, washers, dryers, stoves, refrigerators, freezers, microwaves, furnaces, water heaters, air conditioners, trash compactors, garbage disposals, dishwashers, humidifiers, and dehumidifiers. The appliances shall be collected in a "square" (non -compacted) condition. All appliances shall not contain food or other foreign materials. ARCA Minnesota, Inc. shall be responsible for the collection of household appliances from the Contractor's location upon receipt of a notice from contractor. ARCA Minnesota, Inc. shall be responsible for the safe removal of the PCBs and CFCs in accordance with the regulation of the Minnesota Pollution Control Agency. ARCA Minnesota, Inc. shall secure and maintain all permits and approvals required to process appliances. ARCA Minnesota, Inc. will provide to the Contractor prior to the execution of this agreement, certificates of insurance. Contractor shall pay ARCA Minnesota, Inc. the amount of $8.00* for each household appliance collected and processed at the Center. The mileage charge will be $1 7pier mi 1 e round trip* ARCA Minnesota, Inc. shall invoice the Contractor weekly. Contractor shall pay ARCA Minnesota, Inc. within thirty (30) days of the invoice date. ARCA Minnesota, Inc. shall indemnify and hold the Contractor and its employees harmless from all claims, demands and causes of action of any kind of character, including the cost of defense thereof, resulting from the acts of omissions of ARCA Minnesota, Inc., of the organization's receiving benefit from the funds or items exchanged relating to the activities conducted under this agreement. The term of this agreement is 4/30/93 through 12/31 /93 . This agreement maybe terminated by either party giving thirty (30) days written notice, delivered by mail or in person to the other party, specifying the date of termination. City of Albertville BY: It's: Dated: ARCA Minnesota, Inc. By: Douglas F. Howe Its: Center Manager Dated: QPPGPP * $10.00 Surcharge for Domestic Air Conditioners. ** $9.00 an appliance for Saturday pick-ups. No mileage charge for Community Clean-ups. PRINTED ON RECYCLED PAPER QUANTITY PICKUP PROGRAM (OPP) APPLIANCE COLLECTION AND RECYCLING AGREEMENT This agreement between City of Albertville (Contractor) and ARCA Minnesota, Inc. shall establish a mechanism for the collection and processing of household appliances collected by the Contractor at 5964 Main Street and processed at the ARCA Minnesota, Inc. Center. The household appliances to be collected and processed will include, but not be limited to, washers, dryers, stoves, refrigerators, freezers, microwaves, furnaces, water heaters, air conditioners, trash compactors, garbage disposals, dishwashers, humidifiers, and dehumidifiers. The appliances shall be collected in a "square" (non -compacted) condition. All appliances shall not contain food or other foreign materials. ARCA Minnesota, Inc. shall be responsible for the collection of household appliances from the Contractor's location upon receipt of a notice from contractor. ARCA Minnesota, Inc. shall be responsible for the safe removal of the PCBs and CFCs in accordance with the regulation of the Minnesota Pollution Control Agency. ARCA Minnesota, Inc. shall secure and maintain all permits and approvals required to process appliances. ARCA Minnesota, Inc. will provide to the Contractor prior to the execution of this agreement, certificates of insurance. Contractor shall pay ARCA Minnesota, Inc. the amount of $8.00* for each household appliance collected and processed at the Center. The mileage charge will be $1 00 per mile rnunri trip* ARCA Minnesota, Inc. shall invoice the Contractor weekly. Contractor shall pay ARCA Minnesota, Inc. within thirty (30) days of the invoice date. ARCA Minnesota, Inc. shall indemnify and hold the Contractor and its employees harmless from all claims, demands and causes of action of any kind of character, including the cost of defense thereof, resulting from the acts of omissions of ARCA Minnesota, Inc., of the organization's receiving benefit from the funds or items exchanged relating to the activities conducted under this agreement. The term of this agreement is 4/30/93 through 12/31 /93 . This agreement maybe terminated by either party giving thirty (30) days written notice, delivered by mail or in person to the other party, specifying the date of termination. City of Albertville II It's: Dated ARCA Minnesota, Inc. By: Douglas F. Howe Its: Center Manager Dated: QPPGPP * $10.00 Surcharge for Domestic Air ** $9.00 an appliance for Saturday No mileage charge for Community PRINTED ON RECYCLED PAPER Conditioners. pick-ups. Clean-ups. WRIGHT COUNTY DEPARTMENT OF HIGHWAYS Wright County Public Works Building Route No. I - Box 97-B Buffalo, Minnesota 55313 Jct. T.H. 25 and C.R. 138 Telephone (612) 682-7383 March 16, 1993 Norm Gartner Albertville City Engineer Meyer-Rohlin III I Hwy 25 No. Buffalo, Mn. 55313 Re: 1992-IIB Improvement Project County Payment for Street Restoration Dear Norm: WAYNE A. FINGALSON, P.E. Highway Engineer 682-7388 DAVID K. MONTEBELLO, P.E. Assistant Highway Engineer 682-7387 RICHARD E. MARQUETTE Right of Way Agent 682-7386 The purpose of this letter is to inform you of the County's decision with respect to contributing to the restoration of the street for the above -referenced project. The County discussed their funding of the street restoration at length at the March loth Ways and Means Committee meeting and has determined that the County Engineer's recommendation of 50% pavement for surfacing costs is appropriate. This contribution is consistent with other similar projects. As a result of the direction given to me, I have enclosed a copy of the construction funding agreement for the City's ratification. Please see that four copies of the agreement are signed and returned to our office for further processing. Two copies of the signed agreements will be returned to you upon completion by the County. Sincerely, 4�L !--(_4 4 lv Dave Montebello, P.E. Assistant County Engineer PC: Wayne Fingalson, County Engineer Judy Rose, County Commissioner Project File Nila Ellis, Highway Accountant Equal Opportunity / Affirmative Action Employer AGREEMENT #93.2 WRIGHT COUNTY DEPARTMENT OF HIGHWAYS FUNDING PARTICIPATION AND CONSTRUCTION AGREEMENT l:l:01L-1"AWIZI THE COUNTY OF WRIGHT AND THE CITY OF ALBERTVILLE For RESTORATION OF CSAH 35 COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into by and between the County of Wright, Minnesota, acting by and through its County Board of Commissioners hereinafter referred to as the "County" and the City of Albertville, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". WITNESSETH: WHEREAS, plans and specifications have been prepared for the improvement of sewer and water facilities on County State Aid Highway 35, hereinafter referred to as CSAH 35, and said construction plans are designated as follows: 1992 - 1113 IMPROVEMENT PROJECT The project includes sewer and water improvements and other miscellaneous improvements within the County Highway Right of Way. WHEREAS, this project requires the restoration of the bituminous surface on CSAH 35, and WHEREAS, the County has agreed that there would be some benefit to the County with the placement of a new bituminous surface full width of the street; NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: Article 1 The City shall construct or cause to be constructed a project of municipal utility improvements including, the full removal of existing bituminous, utility improvements, bituminous resurfacing, and other miscellaneous improvements upon and along CSAH 35 within the City limits in accordance with approved plans, utility permit #92-138, and specification on file in the Office of the City Engineer. Article 2 It is agreed that upon completion and acceptance of the work as to quantity and quality by the County, the City Engineer shall determine the actual amount due from the County in accordance with the following funding participation schedule: County State Aid Highway 35 (Pavement Restoration): Funding Participation County City Bituminous Replacement 50% 50% All Other Utility and Restoration Costs 0% 100% It is intended that the work outlined above in Article Two is to be done by a contractor on a unit price basis through a contract duly let by the City. Based on the low bid the estimated cost to the County is $20,995.00. - 2 - Article 3 The City shall be responsible for all field inspection of materials, quantities, and contractor performance for the road improvement project. There will be no inspection cost to the County unless the County requests inspection services beyond the standard requirements and testing procedures. Article 4 The City indemnifies, saves, and holds harmless the County and all of its agents and employees of any form against any and all claims, demands, actions, or causes of action whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the City and further agrees to defend at its own sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder and with the corporate limits of the City of Albertville. It is further agreed that any and all full-time employees of the City and all other employees of the City engaged in the performance by any work or services required or provided for herein to be performed by the City shall be considered employees of the City only and not of the County and that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged on any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the City. Article 5 The County indemnifies, saves, and holds harmless the City and all of its agents and employees of any form against any and all claims, demands, actions, or causes of action whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the County and further agrees to defend at its own sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder and within the corporate limits of the City of Albertville. It is further agreed that any and all full-time employees of the County and all other employees of the County engaged in the performance by any work or services required or provided for herein to be performed by the County shall be considered employees of the County only and not of the City and that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the County. - 3 - Article 6 r Before this agreement shall become binding and effective it shall be approved by the City Council of Albertville and it shall also be approved by the County Board and such other officers as law may provide. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. COUNTY OF WRIGHT Recommended for Approval: CITY OF ALBERTVILLE Recommended for Approval: County Engineer Mayor, City of Albertville Chairman, County Board City Engineer, City of Albertville County Coordinator City Attorney, City of Albertville County Attorney - 4 - M E M O E>ATE: May 13, 1993 T O: City Council Members F R O M : Linda R E : Personnel Committee Meeting May 12, 1993 Several items that were discussed at the personnel meeting are listed on the agenda for Monday's meeting. I am sending you this memo to give you the background information on these items. The maintenance department requested that the Council consider establishing a work week consisting of nine hours a day Monday through Thursday and four hours each Friday (total 40 hours per week). Monday through Thursday the City would be open from 7:30 am to 5:00 pm (9 work hours and a half-hour lunch break). Friday hours could either be 7:30 am to 11:30 pm or 8:00 am to 12:00 noon. The one potential problem I see with this proposal is during the winter months when the necessity to plow snow may require additional Friday hours. However, this problem could be surmounted without additional overtime incurred with the work week running from Wednesday to Tuesday as it presently does. The other alternative I can see is that the proposed work week be permitted from April 1 to October 1 annually. From October 1 to April 1 the work week would revert back to the normal five eight -hour days. I recommend that the Council approve the proposed work week change on a two -to -three month trial basis for all City employees. At the end of the trial basis, the Council could review the change to determine if any adjustments should be made. If the Council decides not to allow the work week to be changed, I recommend that City Hall office hours be changed from 8:00 to 5:00 to 8:00 to 4:30 daily. An hour lunch break for office employees seems excessive in a city the size of Albertville. I have checked with surrounding communities and have found that nearly all other area communities close at 4:30 PM. Mayor Potter brought up that some Council members are in favor of establishing all City properties smoke free zones. Since all four City employees currently are smokers, this change would affect all employees equally. The use of time clocks was also addressed at the meeting. If the Council decides to implement time clocks, they must determine where in the budget the purchase of the time clock and time cards would fit. If the Council is concerned that employees are not putting in their full hours, perhaps it could be established that employees check in and out at the office each morning upon arrival and each afternoon prior to leaving for the day. If the Council finds that this system does not work, the purchase of a time clock and time cards could be planned for the next budget. v r e