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1993-06-21 CC Agenda/PacketALBERTVILLE CITY COUNCIL AGENDA June 21, 1993 I. CALL MEETING TO ORDER TI. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * June 7, 1993 V. APPROVAL OF THE MINUTES * June 7, 1993 - Regular Meeting * June 15, 1993 - Special Meeting * June 15, 1993 - Special Meeting VI. LEGAL 7:40 PM - Stan Barthel request to discuss developer's agreement Barthel Commercial Park. is VII. ENGINEERING - Feasibility Study: Hardwood Ponds - Feasibility Study: Parkside - Savitski/Railroad Ditch - Corny Paulson: City using 10' of his property for alley. Survey/lot line - Bob Thistle: Bond Sale - Protect Updates VIII. COMMUNITY FORUM IX. DEPARTMENT BUSINESS A. ADMINISTRATION * Financial Statement (June 3 - June 16) * Approve bills (Check #7566 - #7584) - STMA Marching Band request for financial aid - St. Albert Parish request to close 1 block of 57th Street, west of Main Ave. for festival on July 18, 1993, from 9:30 AM to 5:00 PM. - Resolution re: Regional Sewer - Ditch Agreement - Otsego Creek - Wright County Funding Part. Agreement - Discussion of sewer rates X. OTHER BUSINESS XI. ADJOURN UPCOMING MEETINGS/IMPORTANT DATES June 23, 1993 City Council - Special Meeting June 29, 1993 Planning Commission - Regular Meeting Rescheduled from June 22, 1993 July 6, 1993 City Council - Regular Meeting July 13, 1993 Planning Commission - Regular Meeting July 15, 1993 Park Board - Regular Meeting July 19, 1993 City Council - Regular Meeting • ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS June 21, 1993 III. APPROVAL OF CONSENT AGENDA - Follow Up Sheet - June 7, - Minutes of June 7, 1993 - - Minutes of June 15, 1993 - Minutes of June 15, 1993 - Financial Statement (June - Approve bills (Check #75 1993, Meeting Regular Meeting Special Meeting Special Meeting 3 - June 16) - #75 ) ALBERTVILLE CITY COUNCIL June 21, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane Berning, Sharon Anderson, and Albert Barthel, City Engineer Thore Meyer, 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 to include the following items under Administration: (1) Request from Sheriff Don Hozempa to meet to discuss contracted police protection (2) Resolutions for DTED funding application (3) Purchase order for signs to be donated by Lions (4) Set joint meeting of the City Council and Park Board (5) Appoint committee to meet with Security Bank Northwest regarding property Berning made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. Vetsch made a motion to approve the Follow-up Sheet from the June 7, 1993, meeting. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the June 7, 1993, regular City Council meeting. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the June 15, 1993, special meeting conducted at 7.00 PM. Barthel seconded the motion. All voted aye. The minutes of the June 15, 1993, special meeting to review the 1992 audit report were amended at Paragraph 3 to include the following: "Linda will also provide the auditor with the amounts of the reserved capital outlays from the 1992 budget". Vetsch made a motion to approve the minutes as amended. Barthel seconded the motion. All voted aye. Bob Thistle of Springsted, Inc. presented the Council with the bid tabulations (copy attached) for the $675, 000 General Obligation Refunding Bond, Series 1993A, which refunds the $1,145,000 General Obligation Improvement, Bonds of 1979, the $675,000 General Obligation! Improvement Improvements Bonds, Series 1985A, and the $575,000 General Obligation Improvement Bonds, Series 1986A and provides new money for financing the 1992-13 Improvement Project (50th Street construction). Four bids were received. The lowest bid was received from Park Investment Corporation at a true interest rate of 4.9714%. Thistle told the Council that refunding ALBERTVILLE CITY COUNCIL June 21, 1993 Page 2 of 6 the previously mentioned bonds at the rate bid from Park Investment Corporation results in a savings to the City in the amount of $191,281.67. Thistle recommended that the Council accept the low bid from Park Investment Corporation. Berning made a motion to adopt a resolution entitled RESOLUTION ACCEPTING BID ON THE COMPETITIVE NEGOTIATED SALE OF $675,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1993A, PROVIDING FOR THEIR ISSUANCE, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS, AND LEVYING A TAX FOR THE PAYMENT THEREOF. Barthel seconded the motion. All voted aye. Stan, Don, and Betty Barthel discussed their interest, in having the Developer's Agreement for Barthel's Commercial Park amended by delaying the construction of the street, sanitary sewer, water, and storm sewer as required. Councilmember Barthel stated that he would abstain from the discussion and any vote taken by the Council because of a conflict of interest. Don Barthel explained to the Council that the cost of putting in the street, even the 250 feet required immediately, was prohibitive if there were no additional lots sold in the plat. Barthel requested that he be allowed to construct only a partial street with no curb, gutter or water mains. City Attorney Mike Couri explained to the Council that the Developer's Agreement is a legally binding document and he cannot see a basis for amending the agreement. City Zoning Ordinances require that streets be constructed to City standards. In order for the Council to deviate from the street requirements, the City ordinance must be changed. A variance can only be granted on criteria established that expressly denies financial hardship as a reason to grant a variance. Betty Barthel told the Council that she believes they were misled by the Planning Commission, the Council and others in the City, including the engineer and the attorney, about the need to plat their property. She stated there was no reason to plat the property because their bus garage was in a separate parcel. Couri explained that the City only approves platting upon the owner's request and is under no authority to tell property owners when or how to plat, their property. Don Barthel stated that he has no objections to the plat as it is. City Attorney Couri stated that the Council has limited authority to alter a developer's agreement and warned that if this development agreement is altered, there may be several other requests to alter developer's agreements. Couri advised that unless the Council finds a very compelling reason to alter the agreement, the Developer's Agreement should not be altered. ALBERTVILLE CITY COUNCIL .June 21, 1993 Page 3 of 6 Engineer Thore Meyer presented the Feasibility Study for the Hardwood Ponds 2nd Addition. The total estimated cost for the construction of the project is $239,330, exclusive of bonding, financing, or legal costs. The estimated costs work out to approximately $8,900 per lot. Anderson made a motion to adopt RESOLUTION 1993-12 entitled RESOLUTION ACCEPTING PETITION FOR IMPROVEMENTS, ACCEPTING FEASIBILITY STUDY, ORDERING IMPROVEMENTS AND ORDERING PLANS AND SPECIFICATIONS FOR HARDWOOD PONDS SECOND ADDITION. Barthel seconded the motion. All voted aye. Thore presented the Feasibility Study for the Parkside Addition. The total estimated costs for the construction of the project is $896,055, exclusive of bonding, financing, or legal costs. The feasibility study includes the cost of 18 service leads for water and sewer along Outlots A and B. The Westwind Third Addition development, has not yet presented a proposal for extending the 12" water and sewer trunk line along County Road 37, which is necessary to provide service to Parkside Addition. Attorney Cou.ri also pointed out that the Feasibility Study does not, include the extension of the main beyond the temporary lift station. Unless the developer pays or installs this main, the City will be required to install the main at some point in the future and will be unable to assess those costs. The Council concurred that this extension should be included in the Parkside improvements. Barthel made a motion to adopt RESOLUTION 1993-13 entitled RESOLUTION ACCEPTING PETITION FOR IMPROVEMENTS, AMENDING THE Feasibility STUDY TO INCLUDE THE EXTENSION OF SEWER AND WATER MAINS ALONG COUNTY ROAD 37, AND ACCEPTING THE FEASIBILITY STUDY FOR PARKSIDE ADDITION AS AMENDED. Anderson seconded the motion. All voted aye. Thore reported that he had viewed the ditch along the Savitski/Burlington Northern property and has found that the culvert underneath the drive is plugged and the water is not flowing. Linda was directed to send a letter to L & D Trucking and request that they remove the dirt that has been added to the ditch. Corny Paulson told the Council that he has found that the City is encroaching on his property with the alleyway. He requested that the City restore his property (approximately 10 feet from the back of his garage) back to grass. The Council agreed to have the Maintenance Department, remove the gravel from Paulson's property and replace it with black dirt, and grass seed. ALBERTVILLE CITY COUNCIL June 21, 1993 Page 4 of 6 Paulson also questioned the difference between the survey for his property and the survey for the adjoining bank property. Thore explained that the only solution to the question is to have both the bank"s surveyor (Dennis Taylor) and Paulson's surveyor (Bob Rohlin) meet to establish the exact line so that both surveys reflect the same lines. Attorney Couri left the meeting at 9:10 PM. Thore reported that the storm sewers and the retaining walls along 50th Street have been installed. Depending on the weather, gravel will be hauled in for the sub -base this week. The sewer replacement project is moving ahead. The engineering inspector reports they have found large sources of infiltration that the replacement will correct. Barthel made a motion to replace an additional 128 feet of sewer main along 60th Street as previously agreed upon at an additional cost of $7,960. Vetsch seconded the motion. All voted aye. The contractor for the Main Street sidewalk project still has some final things to be completed. The Council questioned Thore regarding Dave Heifort`s request that the City pay for additional sloping on his property. Thore stated that the contractor originally sloped Heifort"s property back to his property line. Upon a request from Heifort, the contractor went back and continued to slope the ground past the City right-of-way. Thore believes the City is not responsible for the additional grading that Heifort had done. Linda was directed to send Heifort a letter to that effect. Berning made a motion to adopt RESOLUTION 1993-14 requesting funding from the Department of Trade and Economic Development, for the sewer replacement project (Project, 1993-11B). Vetsch seconded the motion. Barthel made a motion to adopt RESOLUTION 1993-15 requesting public financing from the Department of Trade and Economic Development for the wastewater treatment facility expansion project (Project 1993-11A). Anderson seconded the motion. All voted aye. Vetsch made a motion to approve the Financial Statement from the period June 3- June 16 as presented. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve payment of Check #`s 7566-7583 and to void Check #7584. Barthel seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL .June 21, 1993 Page 5 of 6 The Council directed Linda to prepare a purchase order for seven City of Albertville signs and posts when quotes have been received. The Lions have agreed to pay for the signs and posts. The Council denied the request for a donation to the STMA Marching Band. Barthel made a motion to approve the request from the St. Albert's Parish Center to close off one block of 57th Street west of Main Avenue for their parish festival on July 18, 1993, from 9:30 AM to 5:00 PM. Anderson seconded the motion. All voted aye. The Council discussed the resolution entitled Authorization to Participate in Regional Sewer Facility Study as requested by the City of Otsego. Upon the advice of Attorney Lloyd Grooms, the Council agreed not to adopt the resolution as presented, until the language in paragraph 7 is clarified to state that, each community prepares at its own cost its own comprehensive sewer plan. The Council also reviewed the Agreement for the Restoration and Maintenance of Otsego Creek as prepared by the City of Otsego. Since there are areas within the proposed agreement where the details have not been completed, the Council is unwilling to enter into such an agreement until those details are specified. Barthel made a motion to adopt RESOLUTION 1993-16 entitled AGREEMENT FOR THE RESTORATION AND MAINTENANCE OF OTSEGO CREEK, which commits the City of Albertville to participate in Otsego Creek maintenance and restoration but establishes a committee consisting of two members each of the Albertville and Otsego City Councils and the respective engineers to work out the details of the agreement. Vetsch seconded the motion. All voted aye. The Council set a Fire Board committee meeting for Thursday, •July 1, 1993, at 7:00 PM. Mayor Potter will serve as the alternate committee member. The Council agreed to table discussion on the Wright County Funding Participation Agreement for replacing Main Avenue until additional cost figures are presented. Anderson made a motion to increase the sewer rates by 10% effective July 1, 1993. The minimum rate will remain at $30 per quarter and will allow use of up to 15,000 gallons. The cost per additional 1,000 gallons of use will be $2.31. Barthel seconded the motion. Anderson, Barthel, Berning and Potter voted aye. Vetsch voted no. The motion carried. The Council will review the sewer rates again in six months. ALBERTVILLE CITY COUNCIL June 21, 1993 Page 6 of 6 Councilmembers Barthel and Vetsch were appointed to meet with Sheriff Don Hozempa of the Wright County Sheriff's Department to discuss contracted services for the City of Albertville. Mayor Potter and Linda were authorized to meet with Paul Ederer of Security Bank Northwest to resolve a lease or purchase of the City owned property bordering the bank's lot. Berning made a motion to set a joint meeting with the City Council, the Park Board and the Maintenance Department for Wednesday, July 21st at 7:00 PM. Anderson seconded the motion. All voted aye. Couneilmember Anderson reported that the City can purchase a used time clock from Radiation Products Design for $30. Kevin Mealhouse has volunteered to install the time clock at no cost. Anderson made a motion to adjourn at 10:50 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Cl k CITY OF ALBERTVILLE FOLLOW UP SHEET JUNE 7, 1993 BATE ACTION TO BE TAKgN .__ ._________ ___ PERSON _ 1993 3/15 Write change order for second lift of black- CItrpr top for 3 blks. along 57th St. & Lander Ave. 4/5 Obtain explanation from Ericksen Ellison re: Meyer their apparent over billing. 5/17 Consider new septic ordinance. cctrril 6/15 5/17 Check minutes and info available regarding Linda drainage problem on Voght property (PPM). 5/17 Check on possibility of sidewalk/bike path Meyer on 50th Street. 5/17 Meet with Stan Barthel to discuss Developer's Linda Agreement. 5/17 Check on timeclock for City Hall. aparon 5/17 Contact Arlan Middleton re: ins. pricing. Linda 6/15 6/7 Issue Change Order extending sewer main on Meyer 60th St. from Main Ave. to the 2nd manhole on 60th St. 6/7 Meet w/Linda and Ken to determine if there is Potter sufficient storage space available to demolish storage building at the WWT facility. 6/7 Meet w/Ken and inspect storm sewer on corner Potter of Large Ave. to determine best option to alleviate freeze-up. 6/7 Notify service organizations regarding removal Linda 6/10 and relocation of signs. 6/7 Inspect Savitski/Railroad drainage problem and Meyer report to Council. 6/7 Prepare feasibility study for Hardwood Ponds. Meyer 6/7 Prepare feasibility study for Parkside. Meyer 6/7 Remind Maint. Dept. that damage reports must Linda 6/8 be completed on all equipment damage. 6/7 Contact City's financial advisors to see if Linda 6/8 City acquisition of clinic building is feasible. 6/7 Investigate 2 letters from Mary Vetsch and Linda prepare staff report for Council. 6/7 Set meeting w/Maint. Dept. & Park Board after COXCII staff report is complete. 6/7 Contact St. Cloud re: establishment of HRA Potter and EDA. TENTATIVE NOTES OE MEETING AND MAY CONTAIN INACCURACIES. ALBERTVILLE CITY COUNCIL June 7, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter (8:35 PM), Councilmembers Duane Berning, John Vetsch, and Albert Barthel, City Clerk Linda Houghton, City Engineer Norm Gartner, City Attorney Mike Couri (8:30 PM) Acting Mayor Berning called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following items: (1) Void Check #7504 and add Check #7560 payable to Barthel Masonry in the amount of $2,250.00 (2) Discussion of Burlington Northern/ Savitski property drainage problem under the Engineering Department (3) Discuss resolution to be addressed by the City of Otsego regarding a multi -community sewer plan Barthel made a motion to approve the agenda as amended. Vetsch made a motion to approve the Follow -Up Sheet from the May 17, 1993, meeting. Berning seconded the motion. All vote aye. The minutes of the May 17, 1993, meeting were amended on Page 6 Paragraph 2, by adding the following: Vetsch seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the May 17, 1993, regular meeting as amended. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the May 27, 1993, joint meeting on the Comp Plan. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the May 27, 1993, special meeting as amended. Berning seconded the motion. All voted aye. Dennis Fehn addressed the Council regarding his desire to maintain two driveway accesses onto 50th Street. Fehn explained that his driveway is horseshoe shaped for safety reasons. in checking the Zoning Ordinance, Linda discovered that residential properties are allowed only one driveway access and Fehn's property is zoned industrial, chich allows one driveway access for every 125 feet ofproperty, provided that there is a distance of 40 feet between the driveways. Fehn also stated he would like to retain the driveway access on his property onto Barthel Industrial Drive. Jerry Corbin also requested that he be allowed to retain his driveway access on 50th Street. He stated that he had bought the property as is and he uses the driveway off 50th Street to access ALBERTVILLE CITY COUNCIL June 7, 1993 Page 2 of 7 the existing building on his property. Corbin agreed to attend the Planning Commission meeting scheduled for tomorrow night to discuss a possible conditional use permit. Barthel made a motion to send both Fehn's and Corbin's driveway concerns to the Planning Commission. Vetsch seconded the motion. All voted aye. Mary Ann Barthel and Ray Vetsch addressed the Council in regards to the sewer main replacement on 60th Street. Barthel is concerned that the main in front of her property is not being replaced and she is worried that she may experience sewer backups at some point in the future. The Council viewed the video tape of the sewer main section being discussed. Norm Gartner explained that hydraulic capacity of the main as well as the condition of the `pipe were the criteria used to determine which sections of main would be replaced. The section of 60th Street being discussed did not meet the criteria established for replacement. To replace the approximately 100 feet additional pipe would cost somewhere in the $4,000-$5,000 range. Barthel made a motion directing the engineer to issue a change order to extend the sewer main on 60th Street from Main Avenue to the second manhole on 60th Street. Norm will provide actual cost figures. Vetsch seconded the motion. P__1 voted aye. Ken Lindsay reviewed the quotations for the replacement of the outfield fence at City Park. Century Fence's quote for $2,800 to replace the fence and install a new 10' gate on the north side was the cheapest. Mary Vetsch, Park Board Chairman explained that the Park Board had reviewed the quotes and had recommended that the Council accept Century Fence's quote. However, he was unaware that the quote included the new 10' gate. He was unsure if the other Park Board members were aware of the new gate. Barthel made a motion to accept the quote from Century Fence to replace the outfield fence at City Park and to remove the 8' gate and relocate a new 10' gate. Berning seconded the motion. All voted aye. Ken reported that the second discharge from the ponds has been completed and the next transfer is already in progress. Ken asked for Council directive as to what to do with the parking lot at City Park. There are areas where the parking lot is so wet and soft that major corrective measures are necessary. Ken reported that he had spoken with Dennis Fehn about what corrections should be made and Fehn suggested the only solution would be to dig out the areas up to two fe-et deep and fill back in with gravel but it would be very costly. The Council agreed to wait until Mayor Potter was in attendance 'before reaching a decision. ALBERTVILLE CITY COUNCIL June 7, 1993 Page 3 of 7 Ken also reported that if the City continues to operate a composting site it must be licensed by the MPCA. At this time Ken has discontinued all composting. City Engineer Norm Gartner reported that the grading on 50th Street is mostly complete. A few more days are necessary to complete the utility work. Depending upon the weather, the sub- base may be started. Norm also reported t_''iat Widimer, Inc. has begun the sewer replacement project. Mayor Potter arrived at the meeting at 3:35 PM and conducted the remaining portion of the meeting. Norm reviewed the specs for rebidding the wastewater treatment plant. He pointed out that if the old storage garage building was removed, the culvert and the retaining wall to control drainage would not be necessary. The City would save approximately $5,000 in expenses. Mayor Potter will meet with Ken and Linda to determine if the City could find sufficient space to store the items presently stored in this building. Gartner explained that the revised plans and specs for the wastewater treatment facility call for alternate bids on the clarifier with an aluminum dome, with a fiberglass dome, and with no dome. Norm was also directed to set up an alternate bid request for the UV disinfecting system just recently available. This UV system is basically the same technology as the original system bid but it does not have all the electronic alarms and gadgetry and is consequently cheaper. The report from the 106 Group has been received and it finds there is very little probability of the wastewater treatment facility being the site of Indian burial grounds. Gartner detai led the options to correct the storm sewer at the corner of Large Avenue to prevent f'..ture freeze ups. Mayor Potter and Ken will visually inspect the site and determine: the best option to pursue. Linda was directed to notify the service organizations who have placed signs at the corner of 60th Street and Large Avenue that the signs will be removed during the sewer replacement project and will be relocated after completion of the project in compliance with City ordinances. Councilman Berning explained that he had gone to check on the drainage at the Burlington Northern/ Savitski area and had found that there is a dam blocking the ditch and causing water to back ALBERTVILLE CITY COUNCIL June 7, 1993 Page 4 of 7 up. The Council directed Thore to go to the site and report back to the Council on the corrective measures to be taken. Dave Heifort explained that he owns the corner lot on 52nd Street and Main Avenue. He had been assured that after the sidewalk was installed his lot would be graded to his satisfaction to the sidewalk. He stated that the contractor had come back to finish the grading, but he was not satisfied with the finished product. Since he had contracted with a landscaper to sod his lawn, Tim Barthel, a neighbor, graded the lot down to an acceptable level as a favor to Heifort. Heifort's landscaper told him that the grading done would cost approximately $400. Linda was directed to check with the engineering inspector on the project as to why Heifort's lot was not graded to his satisfaction. Linda will notify Heifort of her findings. The Council reviewed the proposed septic system ordinance (Ordinance #1993-7). Because the building inspector had not reviewed the proposed ordinance and he will be the one to enforce the ordinance, Berning made a motion to table discussion on the ordinance until the special meeting on May 15. Vetsch seconded the motion. All voted aye. Barthel made a motion to enter into a Developer's Agreement with Douglas and Beatrice Psyk for Psyk's Fifth Addition as presented. Vetsch seconded the motion. All voted aye. City Attorney Mire Couri advised the Council that a complaint had been filed against the City by Steve Birkeland. Couri has contacted the League of Minnesota Cities and an attorney has been assigned to the case. The Council has received a request from Braun Development, Inc. for municipal improvements in the Hardwood Ponds 2nd Addition project. Vetsch made a motion to adopt RESOLUTION #1993-11 directing the City Engineer, upon the City's receipt of the signed Petition for Municipal Improvements and Agreement To Be Assessed from the developer, to prepare a feasibility study on municipal improvements for Hardwood Ponds 2nd Addition. Berning seconded the motion. All voted aye. The Council has received a request from Kenco Construction, Inc., Inc. for municipal improvements in the Parkside Addition project. Barthel made a motion to adopt RESOLUTION #1993-12 directing the City Engineer, upon the City's receipt of the signed Petition for Municipal Improvements and Agreement To Be Assessed from the developer, to prepare a feasibility study on municipal improvements for Parkside Addition. Vetsch seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL June 7, 1993 Page 5 of 7 Couri advised the Council that the Parksedge Developer's Agreement calls for a berm with trees to be installed. Couri indicated that trees along the berm bordering Barthel Industrial Drive may create a safety hazard. He recommended that the Council review the area and decide if the trees and the berm should be required. Couri advised the Council that until all options are explored regarding a potential purchase of the old clinic building, the Council should make no decision at this time. He also suggested that the Council may want to consider establishing an EDA (Economic Development Authorityrather than an HRA. According to Couri, th? EDA has all the powers of an HRA plus additional capabilities. Attorney Couri left the meeting at 10:25 PM. Based on the Findings of Fact as presented by tie Planning Commission and the recommendation that a variance be granted, t h n .t DJ's Total Home Care a variance to Vetsch .wade a moti��. `, gra.._ allow curb stops to be used in place of curbing around their peer parking area. Barthel seconded the motion. Vetsch, Barthel, and Potter voted aye. Berning abstained from the voting. The motion carried and the variance was approved. Based on the Findings of Fact as presented by the Planning Commission and the recommendation that a variance be granted, Barthel made a motion to grant the City of Albertville a variance to allow a crushed granite surface, rather than a bituminous surface, on the parking lot at City Park. Berning seconded the motion. All voted aye. Barthel made a motion to adopt ORDINANCE #1993-8 entitled AN ORDINANCE AMENDING SECTION 200.2 OF THE ALBERTVILLE LAND USE (ZONING) REGULATIONS (1988-12) REGARDING THE TERM "BUILDING HEIGHT" as recommended by the Planning Commission. Vetsch seconded the motion. All voted aye. Based on the Findings of Fact as presented by the Planning Commission and the recorra-nendation that a variance be granted, Vetsch ma,: e a _t- --- -_ ,` a_1t a �,"3_�ariCA to a'_' iw S ho—ol St_e,��" Develcpment t0 :�Jn=t': �_ abuilding higher than 35 f :et . 3erniP_ seconded `_�_e mot' _n . l voted aye. _.erninJ made a mcti.�n t_ appoint Counci l:na_z Barthel as the reps?Sentati�ie -'_ �m `_.- Planning Ccmmiss'_on for budget meetings as requested by Planning Commission. Vetsch seconded the motion. All voted aye. Vetsch made a motion to approve the Financial Statement for the period May 14 through June 2 as presented. Berning seconded ALBERTVILLE June 7, 1993 Page 6 of 7 the motion CITY COUNCIL All votes aye. vetsch made a motion to a;-,;,:LOVe -heck #'s 750?-7523 (Check #7504 voided) and Check 4'_ 7T-25-7560 as p_esented. Berning seconded the motion. All voted aye. Berning made a moti:,n to approve Check #7524 after his questions had been answered. Barthel seconded the motion. All voted aye. Linda was directed to remind the maintenance department damage reports should be turned in on all equipment damage. Berning made a motion to appoint Jim Walsh and Cheryl Robertus to the Fire Building Committee. Barthel seconded the motion. All voted aye. The Council reviewed the appointment of the official newspaper after the six month trial appointment of the Wright County Journal - Press. Berning made a motion to appoint the Crow River News as the official newspaper effective July 1. Barthel seconded the motion. Berning, Barthel and Potter voted aye. Vetsch voted no. The motion carried. Barthel made a motion to adopt ORDINANCE #1993-9 entitled AN ORDINANCE AMENDING ORDINANCE NO. i988-2 ENTITLED "AN ORDINANCE PROHIBITING SMOKING IN THE COUNCIL CHAMBERS OF CITY HALL AND PROVIDING A PENALTY FOR VTnLATION THEREOF" BY PROHIBITING SMOKING IN ALL CITY OWNED BUILDINGS AND VEHICLES. -rr=ii -7 _ _,Tondet-' the- -no +- 'on. A1_ �%:`_ec; a, 73a"nk NOrthw has :Wade a request L;_ - hea__r_•; __ reconsider vacat._on of �•Gt1._.=`t. ^'ra ,_�_�'_ ag_==a _o se`_ a p u b I , hearing on t;e vacation request for 7:^0 lM -Dn Monday, June 21. Ma --or Pott --f rep ::red that the City has received a 1 eater from Health One offering to transfer the clini c building to the City for the $160,000 remaining debt on the bond. The City could use the building as a new City Hall. Linda was directed to contact the City's financial advisors to see if the City's acquisition of the building is feasible. Councilman Berning requested that Linda investigate the two letters the City has received from Marvin Vetsch concerning the problems he has encountered with the Maintenance Department in the parks and prepare a staff report for the Council. The Council will set a meeting with the maintenance department and the Park Board after the staff report has been completed. Vetsch made a motion to approve the Albertville Lions application for a charitably gambling license and to adopt ALBERTVILLE CITY COUNCIL June 7, 1993 Page 7 of 7 RESOLUTION #1993-10 entitled RESOLUTION APPROVING CLASS B GAMBLING LICENSE FOR THE LIONS CLUB OF ALBERTVILLE. Berning seconded the motion. All voted aye. Mayor Potter reported that he has received information on the procedure to follow to establish an HRA. Potter will contact the person in St. Cloud who was instrumental in establishing that city's HRA and ask him to attend the next Council meeting to explain an HRA and EDA to the Council. The Council tabled a decision on Wright County Funding Participation and Construction Agreement until June 21st in order to have the engineer �rovid? cost_ to the City. ern;r� made a _Cn to met = er___Zl TIeA-_-1 0 �-l-e Council for t',e -_- _ _se of revs_-w-n_g the ordinance- fcr 7.00 '.- 0n aii: _ 3:_.7 �_ � _ _'+i t � `��. .� j.` _t]t;7 au,d=t -_ ar�Qrt %e% S C}'_ -i :rain _e!eau `_c'_ ? the Jo A:.c_'_ L'-ia` th-a by the Joint Powers Board building is be'_ •ow ditch level and is not a'_ 1 owing the water to drain.. The Council directed -.bore to check the area and report to the next Council meeting. Barthel made a motion to adjourn at 11:35 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk ALBERTVILLE CITY COUNCIL SPECIAL MEETING June 15, 1993 Albertville City Hall 7:00 PM PRESENT: Mayor Michael Potter, Councilmembers Sharon Anderson, Duane Berning, Albert Barthel an John Vetsch, City Clerk Linda Houghton Mayor Potter called the special meeting to order at 7:10 PM. The purpose of the special meeting is to consider adoption of ORDINANCE #1993-7, entitled AN ORDINANCE REGULATING SEWAGE DISPOSAL SYSTEMS IN THE CITY OF ALBERTVILLE. The Council reviewed the revised ordinance. Linda informed the Council that Building Inspector Kevin Mealhouse had reviewed the ordinance and his recommendations have been incorporated into the ordinance the Council is considering. The Council directed Linda to send a letter to the City's legal firm expressing their disapproval of the time and money spent by Couri redrafting the septic ordinance that the building inspector had suggested originally and which had been presented to Couri both on disk and hard copy. Barthel made a motion to adopt ORDINANCE #1993-7 entitled AN ORDINANCE REGULATING SEWAGE DISPOSAL SYSTEMS IN THE CITY OF ALBERTVILLE. Berning seconded the motion. All voted aye. Barthel made a motion stating that the summary of the 1993- 7 ordinance as presented details the essential points of the entire ordinance and is approved for publication in the Wright County Journal -Press on June 24, 1993. Anderson seconded the motion. All voted aye. Barthel made a motion to adjourn at 7:25 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk ALBERTVILLE CITY COUNCIL SPECIAL MEETING June 15, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Michael Potter, Councilmembers Sharon Anderson, Duane Berning, Albert Barthel and John Vetsch, City Clerk Linda Houghton, Auditor Mark Babcock Mayor Potter called the special meeting to order at 7:35 PM. The purpose of the special meeting is to review the preliminary draft of the 1992 audit report. Babcock reviewed the audit report and answered the Council's questions concerning the report. Babcock advised the Council that ideally the General Fund fund balance should be enough to cover approximately six months of expenses. Linda was directed to get information on the Refunding Bond and the TIF funds to Babcock in order to answer some of the questions presented by the Council. Babcock will incorporate the information into the final audit report. Vetsch made a motion to set a special meeting to review the completed audit report for 7:00 Pm on Wednesday, June 23. Anderson seconded the motion. All voted aye. Vetsch made a motion to adjourn at 8:55 PM. Barthel seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk dill BAN< _ NORTHWEST _ �' 701 Centmi Avenue E St. Mkhoel. Minnesoto 55376 August 21 1992 �4 (612)49721 1 g n ` W (612) 497-43M AMOUNT: U.S. $19,933 City of Albertville 5964 Main Avenue Albertville, MN 55301 Re: Letter of Credit in favor of: Donald G. & Betty L. Barthel, In connection of the Developer's Agreement of August 21, 1992 in reference to Barthel Commercial Park located on 60th Street, City of Albertville We hereby establish our Irrevocable Letter of Credit in your favor for the account of Donald G. and Betty L. Barthel up to an aggregate amount of Nineteen Thousand Nine Hundred Thirty Three and No/100 -($19,933). We authorize you, and any collecting bank acting in your behalf, to draw your drafts at site at Security Bank Northwest, 701 Central Avenue East, St. Michael, MN 55376. Drafts are to be accompanied by this Letter of Credit and Certified Statement signed by the drawer of the draft stating that Donald G. and Betty L. Barthel have not completed as required, terms of the Developer's Agreement with the City of Albertville dated August 21, 1992. Funds will then be drawn upon this Letter of Credit No. 243758 dated August 21, 1992 at Security Bank Northwest. We hereby agree to notify the City of Albertville 60 days prior to the maturity of this Letter indicating the upcoming expiration date. The draft must be presented to Security Bank Northwest at 701 Central Avenue East, St. Michael, MN 55376 no later than August 21, 1993, after which time this Letter of Credit will be null and void. This credit is subject to the International Chamber of Commerce Publication No. 400. We hereby agree with the drawers that drafts under and in compliance with the terms of this credit will be duly honored on presentation to us if presented at this office together with this Letter of Credit on or before the above referenced expiration date. Sincerely, Douglas E. Bleess Vice President OFFICES: Albertville: 5882 Main Street Northeast, Albertville, Minnesota 55301, (612) 497-3525•Maple Grove: 13370 Grove Drive, Maple Grove, Minnesota 55369, (612) 420-3039 1.-o1ase,l �Aif DEVELOPER'S AGREEMENT Barthel's Commercial Park THIS AGREEMENT, entered into 1992 by and between Donald G. (collectively referred to as ALBERTVILLE, County of Wright, referred to as "City"; WITNESSETH: this 27th day of August , Barthel and Betty L. Barthel "Developer"), and the CITY OF State of Minnesota, hereinafter WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit "A", attached hereto and incorporated herein by reference, a portion of which parcels of land are proposed to be subdivided and platted for development, and which subdivision, which is the subject of this agreement, is intended to bear the name Barthel Commercial Park and may sometimes hereinafter be referred to as the "Subject Property", "Said Plat", "Plat", "Platted Property" or individually by the lots to be platted within said Commercial Park; and WHEREAS, the City has given preliminary approval of Developer's plat of May 7, 1992 (attached hereto as Exhibit "B") contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain improvements including, but not limited to drainage and paved access be installed to serve the Subject Property and other properties affected by the development of Developer's land, to be financed by the Developer; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and Subsequent owners, the understandings and agreements of the parties concerning the development of the Subject Property; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Developer to Construct Improvements. A. Developer shall construct and install curb and gutter on that portion of Lot 1, Block 2 and Lot 1, Block 1 of Barthel Commercial Park abutting the proposed 60th Street N.E., construct a 9-ton road to City specifications as described and including those utilities as described in paragraph 2(B) below, said road construction abutting the North portion of said Lot 1, Block 2 (road area shown on 1 WOR the Preliminary Plat as 60th St. N.E.) with either bituminous or concrete surfacing. The Developer shall also landscape said lot with trees in the size and type as required by the City Engineer or City Building Inspector, construct drainage swales and berming, install sod or seed and like items, and implement necessary erosion control procedures. Developer agrees to pave said Lot 1, Block 2, but said paving may consist of gravel of such type and quantity as approved by the City Engineer until such time as Developer constructs a second warehouse storage or similar building, at which time (i.e. prior to occupation of additional building) Developer must lay bituminous or concrete surfacing on all graveled areas of said Lot 1 and all other ground areas of the lot which are to be used in conjunction with any warehouse storage or similar buildings on the premises. Developer agrees that as each additional building is constructed, bituminous or concrete surfacing will be laid for use with such building prior to occupation of each said new building. B. Developer shall cause to be constructed a 9-ton road, built to City specifications, abutting each additional lot in Barthel Commercial Park that is platted. Said road shall be constructed at Developer's expense and shall be built as soon as possible after plat approval by the City, but before any structures are erected on the newly platted property. Prior to construction of said road, the City must approve the design and location of said road, it being agreed that said road shall eventually connect with Lachman Ave. N.E., and that the entire area of said road connecting to Lachman Ave. N.E.--� must be paved by Developer according to Cit Wes I specifications at such time ass. �l 0 feet of we ' ro dwa (as measured from the 7edge of Said Plat rwgrg down the center of said road) has been paved. \` With regard to all roads within Said Plat, Developer ���shall dedicate to the City ten (10) feet of easement on either side of the road for utility purposes and shall dedicate to the City sixty (60) feet of right of way for the road itself. The paved surface of the road shall be forty-four (44) feet wide. In addition, the Developer shall install concrete curb and gutter, water mains, storm sewer and sanitary sewer, as required by the City Engineer and all designed to City specifications, prior to paving of the road. Said road, easements and rights - of -way shall be dedicated to the City upon completion of construction. Acceptance shall occur upon approval and acceptance of the road by the City engineer and the City Council. The Developer agrees to pay for the cost of said road, and agrees to pay all costs incurred by the City in constructing said road as detailed in paragraph 2 CA 2 below. IT IS AGREED THAT THIS OBLIGATION SHALL ACT AS A COVENANT IN FAVOR OF THE CITY AND SHALL RUN WITH THE LAND ON ALL PARCELS OF SAID PLAT. In the event Developer sells any portion of Said Plat affected by this paragraph, the purchaser of such land shall assume the duties and responsibilities of Developer as to the improvements required under this agreement. C. Developer shall, at its own expense, cause street lights to be installed of such type and at such locations as required by the City Engineer. D. Prior to constructing any improvements on Lot 1, Block 2, Developer shall submit an erosion plan to the City for approval by the City Engineer. Developer agrees to implement those erosion control measures as required by the City Engineer prior to disturbing the surface of Lot 1, Block 2. 2. Authorization to Construct Improvements and to Assess Costs of Improvements to Barthel Commercial Park Land. A. Developer agrees that it shall make such improvements as described in paragraphs l(A) and 1(B) above at the time and in the form as described in paragraphs l(A) and 1(B) above. If Developer does not cause said improvements to be constructed, Developer hereby authorizes the City to enter upon Developer's land and construct all said improvements described in paragraphs 1(A) and 1(B) above. Developer agrees to pay for all said improvements, whether constructed by Developer or by the City, including all construction costs, engineer's fees, attorney's fees, planner's fees, bonding costs, capitalized interest, and such other costs as are incurred by the City in constructing and assessing said improvements. Developer agrees to pay the City (if City makes said improvements) within 30 days of the date on which the bill is mailed by the City to the Developer. This authorization notwithstanding, the City shall not be obligated to construct said improvements, but it may elect to do so upon request or upon its own initiative. B. If Developer fails to pay the City within thirty (30) days of billing for said improvements authorized in paragraph 2(A) above, Developer hereby petitions the City to construct said improvements and hereby authorizes the City to specially assess one hundred percent (100%) of the cost of said improvements to any portion of the lands or to all lands in Barthel Commercial Park owned by Developer as of the date of this agreement. SAID AUTHORIZATION TO CONSTRUCT IMPROVEMENTS AND TO SPECIALLY 3 Wch ASSESS SAID IMPROVEMENT COSTS SHALL RUN WITH THE LAND AND SHALL BE BINDING UPON FUTURE OWNERS OF ANY SAID PARCELS NOW OWNED BY THE DEVELOPER. DEVELOPER AND ALL FUTURE OWNERS OF ANY PARCEL IN BARTHEL COMMERCIAL PARR HEREBY WAIVE ANY OBJECTION TO BEING ASSESSED 100% OF THE COST OF THE PROJECT AGAINST THE ABOVE DESCRIBED PROPERTY, AND DEVELOPER AND ALL FUTURE OWNERS OF ANY PARCEL IN BARTHEL COMMERCIAL PARR HEREBY WAIVE THEIR RIGHT TO APPEAL SAID SPECIAL ASSESSMENT TO THE DISTRICT COURT HEREIN, PURSUANT TO MINNESOTA STATUTE 429.081. 3. Surety and City's Right to Withdraw Funds. A. The Developer shall provide the City with cash, approved irrevocable letter of credit or other satisfactory surety in the amount of nineteen thousand, nine hundred thirty- three dollars ($19,933.00). Said surety shall be in a form and from an issuer acceptable to the City Attorney. Said surety shall be provided to the City as a guarantee that the improvements required in paragraphs 1(A) and 1(B) shall be constructed and paid for by Developer. If Developer fails to construct said improvements, the City may, at its option, cause all such required improvements to be constructed at Developer's expense and draw upon said surety to pay for all or a portion of said improvements. Said right to draw upon said surety shall be in addition to and may be exercised simultaneously to the City's right to assess all or a portion of the cost of said improvements to any or all properties within Said Plat. B. The Developer agrees to pay sufficient amounts of special assessments each year, if not already paid in prior years, for properties lying within said plat to enable the City to pay any debt service payments incurred as a result of the development of the subject property and construction of the improvements detailed in paragraph 1 above, including principal and interest, as such payments come due. Any deficiencies in the amount paid by the Developer for special assessments causing a shortage of funds with which the City may timely pay the required debt service payment(s) shall be supplemented with funds withdrawn by the City from the Developer's approved irrevocable letter of credit or other surety furnished to the City. Any of said surety or guaranty of funds referred to herein that are withdrawn will be used by the City for Payment of its herein referred debt service payment when due. Upon the Developer paying the delinquent special assessments, the City will repay to 4 WCA the surety, to the extent that the delinquent special assessments have been paid, the surety monies withdrawn, less any costs incurred by the City in conjunction with the said delinquent special assessments. The City may draw on said surety for cash flow purposes to supplement the Developer's payments when Developer is delinquent in the payment of said special assessments or for other purposes as enumerated elsewhere in this agreement. 4. Surety Release. A. The Developer may request of the City a reduction or release of any surety provided for in conjunction with the improvements described in Paragraph 1 above, as follows: i. When another acceptable surety is furnished to the City to replace a prior surety. ii. When the final cost amount minus previous payments becomes less than the surety provided, thus allowing the surety to be reduced to a sum commensurate with the remaining amount of the project. iii. No reduction shall be made which would result in the surety held being less than thirty-five percent (35%) of the original surety until the final costs are known. iv. The Council may, at its discretion, release all or a portion of the surety upon payment of seventy- five percent (75%) of all outstanding assessments (if any) and upon completion of all non -assessable improvements described in Paragraph 1 above. B. The City's costs for processing any reduction request shall be billed at $30 per hour plus any professional fees incurred by the City, with a minimum of one (1) hour per reduction, and shall be billed to the Developer and paid to the City within thirty (30) days of billing. 5. surety Deficiency. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the 5 WCA amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. All monies deposited with the City shall be used by the City at the City's discretion to defray the City's costs and expenses related to the project(s) referred to herein. 6. Draw on Expiring Letter of Credit. In the event a surety or other form of guarantee referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or completed, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the expiring letter of credit. If a new letter of credit is not received as required above, the City may declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. Such irrevocable letter of credit must contain a provision requiring the issuer of the letter of credit to notify the City within sixty (60) days prior to the expiration of said irrevocable letter of credit. The form of said irrevocable letter of credit shall be approved by the Attorney prior to its issuance. 7. Park Dedication Fees. Developer agrees to pay park dedication fees to the City for Lot 1, Block 2 of 5% of the fair market value of Lot 1, Block 2, (land only) such fair market value to be determined by the City Council based upon the value of the "raw" land, zoned as commercial land, prior to the construction of any improvements. The Council shall determine the valuation of the land using the tax assessor's first reassessment of Lot 1, Block 2 as commercial land, and shall adjust, if necessary, for the value of any improvements added by the Developer. Developer or its heirs, successors, or assigns agree to pay additional park dedication fees to the City as required by ordinance for Outlot A at such time as Outlot A is replatted in whole or in part. 8. Abandonment of Proiect - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance M. WCR upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, or fails to provide sufficient ground -cover to prevent continuing soil erosion from the Plat, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from the Platted Properties. In the event that said costs are not paid, the City may assess any such costs against any or all of the Platted Property. 9. Developer To Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all administrative, legal, and professional costs incurred in the creation, administration, enforcement or execution of this Agreement, as well as any costs incurred by the City in furtherance of the Plat or any of its developments. Developer shall not be responsible for attorney's fees directly attributable to the drafting and amendment of the City ordinance relating to mini -storage warehouses. Developer authorizes the City to specially assess these costs if the Developer fails to pay these costs within 30 days of submission of a bill by the City. 10. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system (including but not limited to watermain), sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. In the event the Developer fails to clean up, maintain or repair the damaged public property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer shall have thirty (30) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council. In the event that Developer fails to so clean up, repair or maintain 7 won said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, the Developer hereby authorizes the City to specially assess the costs of such activity against any or all of the parcels in Said Plat. 11. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this agreement. 12. Miscellaneous. A. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. B. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not act as a waiver or release of any of the provisions of this agreement. C. This Contract shall run with the land and is to be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, including the construction of all improvements described in paragraph 1 above, the City will execute and deliver to the Developer a release upon request by the Developer. D. Developer agrees to observe all setback, height, building, and other applicable restrictions as contained in the Albertville City Ordinances. Building setbacks shall be measured from the edge of the road right-of-way easement. 8 13. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof, and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. The City is hereby authorized to then specially assess all amounts due under this agreement against the Developer. The City may also bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. B. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits on any or all Platted Properties. 14. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases until improvements specified in paragraph 1 have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 15. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. Oj 16. Developer Personally Bound by Contract. Developer shall be personally liable for the fulfillment of all obligations under this Contract. However, Developer may transfer all or part of its ownership interest in Outlot A, and all duties and obligations contained in this agreement with respect to said transferred portion of Outlot A shall be the responsibility of the new owner (s) of the portion or portions of Outlot A so transferred. 17. Attorney s Fees. The Developer will pay all reasonable attorneys fees incurred by the City and as fixed by the Court in the event a suit or action is brought to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's fees incurred by the City in the event an action is brought upon a bond or letter of credit furnished by the Developer as provided herein. 18. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the Clerk for the City) or registered mail (addressed as follows) to the following parties: CITY OF ALBERTVILLE: DEVELOPER: City of Albertville c/o City Clerk P.O. Box 131 Albertville, MN 55301 Telephone: (612) 497-3384 Donald and Betty Barthel P.O. Box 166 Albertville, MN 55301 10 WCA 19. Agreement Effect. This agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, B Its May/or (acting as) irk D VELOPER, Donald G. Barthel Betty/Z. Barthel STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledgedbefore me this * day of 5��. 1992, by Jim Walsh, Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. *Donatus Vetsch acting as Mayor Notary Public .r LaNefta K Van Date r,la NOTARY PUBLIC —MNTA �C WRIGHT COUNTY My Commission Exj*w June a 104 11 WCA STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me th d�7'- day of C,d cry , 1992, by Linda Houghtc Clerk of the City of Albertville, a Minnesota municip corporation, on behalf of the City and pursuant to the authority the City Council. I Notary Pub c ,�.�••-C1 e'J�.��e :�a'aril �i1�7Y'i i��i.�i �'�7?d�: •11��I�� L. ;(i:i':..: S. P 11 f1 �=;er-wc�! } 7s;���iy Cc.;ti �a:ri�tiotr-.tcs � ; � '•_t.:� t ..rig: , _ .crt. £ �Iirio. �,:?d r •�'d t°,r•eti ry v;i3 i'N':�.tV�: �r`t�s�.i4r,?f'llltih"�P�l�c� STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this %'�A day of 1992, by Donald G. Barthel and Betty L. Barthel. Nota Fjublic = a GIII.tON VAWWCOUMY My enwowW ffig'w 7-16-97 12 WCR EXHIBIT A That part of the Northwest Quarter of Section 1, Township 120, Range 24, described as follows: Beginning at the Northwest corner of said Section 1; thence East along the North line of said Section 1, a distance of 1235 feet to the Southerly right- of-way line of the Burlington Northern Railroad; thence deflecting to the right 280 581, along said Southerly right-of-way, a distance of 74.3 feet; thence deflecting to the right 620 061, a distance of 718.03 feet; thence deflecting to the right, to a point on the West line of said Section 1, 754 feet South of the Northwest corner of said Section 1; thence North to the point of beginning. Except that part of said Northwest Quarter lying Northwesterly of the centerline on County Road 19. RETURN TO: City of Albertville Box 131 Albertville MN 55301 $17.00 Ck. #006865 13 514957 CEF!CE OF CCU; Ty ^ECCROER 1Vp,!GN( Cn'tNiY. MINNESOTA �;.. TO BE FILED A t:/-' RECORDED ON 92 OCT 21 AM 8: 13 MARCIA LANT10. CO.-FECGROER By �! "kY,�-DEPUTY ZE CITY OF ALBERTVILLE FINANCIAL STATEMENT June 3 - June 16, 1993 Beginning Cash Balance June 3, 1993 INCOME (June 3 - June 16) 3.2 License 10.00 Building Permits 10,298.68 CUP Application 55.00 Loan Payment -Fraser Steel 585.27 Park Donation (Lions) 1,025.00 Sewer License 45.00 Sewer Penalties 322.87 Sewer Receipts 6,842.83 Special Assessments 774.18 Storm Water Penalties 33.62 Storm Water Receipts 746.72 Title Search 30.00 TOTAL INCOME EXPENSES (June 3 - June 16) PAYROLL 5/19 - 6/1 Check # 7498 - Ann 495.83 Check # 7499 - Linda 784.58 Check # 7500 - Ken 804.24 Check # 7501 - Mike 584.78 Check Vs 7502-7560 (approved 6/7/93) 64,485.59 PAYROLL 6/2 - 6/15 Check # 7561 - Ann 495.83 Check # 7562 - Linda 784.58 Check # 7563 - Ken 804.25 Check # 7564 - Mike 653.98 Check # 7565 - PERA 353.11 TOTAL EXPENSES Ending Cash Balance June 16, 1993 n 20,769.17 70,246.78 $255,621.90 $206,144.29 ,. , INVESTMENTS: CD #8579 - matures 6/29/93 @ 2.65% CD #8816 - matures 7/10/93 @ 2.75% CD #8222 (Lions) - matures 7/19/93 @ 2.75% CD #8925 - matures 9/1/93 @ 2.9% CD #8807 - matures 9/29/93 @ 3.5% Piper-Jaffray Investments TOTAL INVESTMENTS 157,189.40 564,933.25 31,034.75 108,292.02 356,108.22 455,324.13 $1,672,881.77 CITY OF ALBERTVILLE BILLS TO BE PAID JUNE 21, 1993 Check No. Vendor Reason Amount 7566 Albertville Auto Parts Misc. Supp.-Shop 87.55 7567 Bergstrom's Lawn Weed Whip 202.34 7568 Biff's Inc. 4 Seasons Park 73.26 7569 Century Labs Cleaner 34.55 7570 DJ's Shop Sup. 103.85 St. Sup. 39.75 Park Sup. 122.13 Sewer 2.87 268.60 7571 Don's Auto Service Sts. Sup. 63.21 F.D. Gas 24.96 F.D. Pop 8.08 -' St. Rpr. 28.06 124.31 7572 Feed Rite Sewer Sup. & Test 3,028.13 7573 Gopher State May Locates 6.75 7574 HEP Computer Repair Comp. Monitor 200.00 7575 Hackenmueller's Sts. Gas 34.68 Parks Gas 37.68 Sewer Gas 34.67 C.H. Sup. 53.76 157.79 7576 Meyer-Rohlin 50th St. Constr. 12,849.23 7577 Monticello Animal Cont. May 31.00 7578 City of Monticello Animal Control -May 81.00 7579 NSP C.H. 125.48 6002 Main 9.22 Ballfield 193.69 6451 MacIver 149.73 11942 52nd 60.74 11200 60th 27.34 566.20 7580 NW Assoc. Cnsltnts. May Services 365.68 7581 Parts 66 Ste. Gas 34.03 Park Gas 34.03 Sewer Gas 34.03 102.09 7582 Pepsi Cola Co. 7583 San -Tom Ent., Inc. 7584 The 106 Group May rent AFCD St. Sweeping WWT Survey TOTAL 10.65 390.00 1.226.00 $19,805.13 June 9, 1993 HELP!! The Marching Band is In need of some equipment and uniform fill-ins that have been broken, lost, or just plain worn-out. There are 82 students marching this summer and we planned for only 50. The hats we are using have been stapled, taped, or repaired in other ways. Plumes have been worn-out, lost, or got wet too many times. The Marching Bass Drum Carriers are falling apart (we used some safety pins to repair the harness as we started the parade last Saturday). We are using a modified concert tom/snare harness on the quad/tenor drum set-up and those are falling apart gradually as we practice. We barely have enough shirts to fit students and the 22 year old pants are literally falling apart at the seams. Anything you can do to help us would be greatly appreciated as we leave for Winnipeg in 14 days. These are all taken from "The Bandman's " Catalogue phone 1-800-323-3770 (Paul Bisset) Item NUMBER Description Cost Total Cost Page # 2 MAGNUM TRIO CARRIERS $149.00 $298.00 57 3 BASS DRUM CARRIERS $69.95 $209.85 57 20 CURLED 18" PLUME $8.95 $179.00 55 BLACK FLOCKED 29 AUSSIE HATS $16.95 $491.55 50 ELAST WAIST TROUSERS $38.95 $1,947.50 W/SIDE STRIPE $0.00 Totals $3,125.90 Thanks, 53 Stu Sawdey, Band Director yq__� -21 �. JUN 17 '93 13:53 OTSEGOTOWNSHIP P.2i2 V CITY OF OTSEGO RESOLUTION NO. _93-C22 Authorization To Participate In Regional Sewer Facility Study WHEREAS, the City of gam_ is in the Northeast Quarter of Wright County, which is bisected by Interstate Highway 9 4 ; and WHEREAS, the 1-94 corridor, north of the Metropolitan Area has recently and is expected to continue to receive significant development and population increase in the next decade; and WHEREAS, the availability of adequate sewage treatment capacity is critical to being able to reasonably accommodate this prospective growth; and WHEREAS, at present, there are only two municipal sewage treatment plants serving their respective residents of the Northeast Quarter (Albertville and St. Michael)'; and WHEREAS, a,the expansion of these ,facilities or the authorization and construction of other sewage treatment facilities, with effluent discharges to surface water bodies are regional concerns. NOW, THEREFORE, HE IT RESOLVED, that it is in the interest of the communities in the Northeast Quarter of Wright County to cooperatively study and share information vis-a-vis future sewage treatment capacity needs and facilities and the Council of the City of Otsego hereby resolves: 1. We support the organization of a regional sewage treatment planning group ("RSTPG"), which will study, share information and make recommendations relating to sewage treatment capacity for the Northeast Quarter of Wright County. 2. The Cities of Albertville, St, Michael, Otsego and the township of Frankfort should be members of the RSTPG. 3. Other communities may request to join the RSTPG, and upon acceptance by the member communities, shall become members of the RSTPG. 4. The RSTPG shall consist of at least one planning commission member and one council member from each of the communities, JUN 17 '93 13:5e OTSEGOTOWNSHIP P.1/1 5. The RSTPG shall perform a regional sewage treatment facility study and needs evaluation (20 yrs). The Study shall include, at a minimum, an evaluation of at least one multi-coam mity sewage treatment alternative for the member communities. 6. The RSTPG shall meet within thirty (30) days following the adoption of a resolution authorizing participation by the Cities of Albertville, St. Michael, Otsego and the township of Frankfort. The RSTPG'should meet at least two (2) times a yea -- thereafter until January 1, 1997, or such later date as agreed to by the member communitiers. 7. The cost of staff services utilized in the Performance of RSTPG wore should be borne by each individual member community. The cost of outside consultants or other external costs should be borne equitably by the member co*m=ities as agreed to by the RSTPG. 109592 Dated: 6/14/93 ATTEST JE (CTii. VEAL) �rost I and fax rran" sMittal memo 767 01 # of pages P. TENTATIVE NOTES OF MEETING AND : MAY CONTAIN INACCURACIES. PLANNING & ZONING COMMISSION JUNE 8, 1993 ALBERTVILLE CITY HALL 7:00 PM COMMISSION MEMBERS PRESENT: LeRoy Berning, Howard Larson, Roger Johnson, Donatus Vetsch, Albert Barthel, and Secretary Ann Culley. ABSENT: Alternate Jan Heikes Chairman Berning called the meeting to order at 7:00 PM. Vetsch made a motion to approve the agenda as submitted. Barthel seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the May 25, 1993, meeting as submitted. Johnson seconded the motion. All voted aye. Jerry Corbin addressed the Commission regarding a letter he had received from the City. The letter stated that the City is in the process of blacktopping 50th Street and since his property is zoned residential he is allowed only one curb cut and will have to comply with City code during the 50th Street project. He stated that he lives on the corner of 50th Street and Main Avenue and has one driveway cut on Main Avenue and two on 50th Street. Corbin further stated that the current access to his property is one of the reasons he purchased the property and that removing the driveways on 50th would make it almost impossible to access his garage with his lawnmower, etc. The Commission felt that Corbin using the 50th Street driveway for egress from his property was probably safer than using his Main Avenue driveway. They further felt that since he has maintained two driveways on 50th for so long, that he should be allowed to keep at least one of those curb cuts, but not both. Due to time constraints with regard to completion of the 50th Street project, the Commission agreed to reschedule its regular meeting of June 22nd to June 29th. This will allow time for proper publication of the public hearing notice. A motion was made by Johnson to reschedule the regular meeting of the Planning Commission from June 22, 1993 to June 29, 1993, at 7:00 PM. Larson seconded the motion. All voted aye. Vetsch made a motion to schedule a public hearing regarding Mr. Corbin's application for a Conditional Use Permit to allow him a curb cut on 50th Street, in addition to his curb cut on Main Avenue for June 29, 1993, at 7:00 PM. The motion was seconded by Barthel. All voted aye. PLANNING COMMISSION - 6/8/93 Page 2 of 2 Berning made a motion to recommend in that, in an effort to expedite the matter due to current circumstances, the City Council either: 1. Refrain from putting curbing in the area in question until the conditional use permit is approved, or 2. Put the curb cut on 50th Street in, if they feel it appropriate, and remove it if for some reason the conditional use permit is not approved. The motion was seconded by Johnson. All voted aye. Corbin was given an application to fill out for his Conditional Use Permit request and asked to return the completed application, fee, and sketch showing his property and the curb cuts to City Hall as quickly as possible. Dennis Fehn addressed the Commission regarding his concern as it relates to one of his driveways on Barthel Industrial Drive. He feels that if the curbing on 50th Street ends at Barthel Industrial Drive, as shown on the sketch, his driveway will be washed out during heavy rains. He feels the curbing should run past the east side of Barthel Industrial Drive in order to prevent this type of wash out. The Commission feels that there is nothing they can do with regard to this situation. The Commission advised Fehn to contact Thore Meyer to discuss the matter with him and go to the City Council with any further requests regarding this matter. The Commission discussed the monthly staff meeting which will be held on the fourth Wednesday of every month. The consensus of the Commission is that Linda Houghton should contact Chairman LeRoy Berning prior to scheduling any public hearings. Barthel made a motion to adjourn at 8:00 PM. The motion was seconded by Johnson. All voted aye. Ann Culley, Secretary