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1993-07-06 CC Agenda/Packet• ALBERTVILLE CITY COUNCIL AGENDA July 6, 1993 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * June 21, 1993 V. APPROVAL OF THE MINUTES * June 21, 1993 - Regular Meeting * June 21, 1993 - Public Hearing - 60th St. vacation * June 23, 1993 - Emergency Meeting - Wastewater Exp. * June 23, 1993 - Special Meeting VI. COMMUNITY FORUM - Carolyn Bauer re: dangerous area on 54 1/2 Street • VII. DEPARTMENT BUSINESS A. MAINTENANCE B. ENGINEERING - Psyk's 5th: Bid Results - 50th Street drainage problem Ron Becker, Kathy Black, Kevin McIntosh - Project updates 8:00 PM C. LEGAL - Closed meeting re: Darkenwald Settlement - Psyk Developer's Agreement: Psyk's 5th - Psyk request to amend surety amount based on new bid - Psyk sureties - account vs. letter of credit - Bob Braun Developer's Agreement: Hardwood Ponds D. PLANNING COMMISSION - Recommendation to approve C.U.P. for Gerald Corbin - Recommendation to approve revised final site plan for Security Bank NW, dated 6/28/93. 0 0 E. ADMINISTRATION Financial Statement (June 17 - June 28) * Approve bills (Check #7590 - #7630) - Lease Agreement with Security Bank NW - Wright County Funding Part. Agreement - Appoint Committee to meet with Otsego re: ditch agreement - Joint Powers request for easement for main extension to water tower - Park and Ride Permit VIII. OTHER BUSINESS IX. ADJOURN 0 UPCOMING-MEETINGS/IMPORTANT DATES July 13, 1993 Planning Commission - Regular Meeting July 15, 1993 Park Board - Regular Meeting July 19, 1993 City Council - Regular Meeting July 21, 1993 City Council - Joint meeting w/Park Board July 27, 1993 Planning Commission - Regular Meeting • ALBERTVILLE CITY COUNCIL July 6, 1993 Albertville City Hall 7:30 PM PRESENT: Councilmembers Duane Berning, John Vetsch, Sharon Anderson and Albert Barthel, City Engineer Thore Meyer, City Attorney Stan Ellingson, City Clerk Linda Houghton Acting Mayor Duane Berning called the regular meeting of the Albertville City Council to order. The agenda was amended under Administration to include the following: (1) Request from the 152 Club for a special use permit tc allow live music until 1:00 AM on July 17, 1993 (2) Check #7631 - Albertville Friendly City Days Committee (Donation from Jaycees) (3) Check #7632 - MN State Treasurer (2nd Quarter State Income Tax) (4) Check #7633 - MN State Treasurer (2nd Quarter Building Permit Surcharge) n (5) Check #7634 - Radiation Products Design (Used time clock) Barthel made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. Councilmember Anderson requested that approval of Check #7616 and Check #7598 be pulled from the consent agenda. The minutes of the June 21, 1993, regular meeting were amended on Page 3, Paragraph 2 and Paragraph 4 by adding the following statement: Extension of the sanitary sewer mains is contingent on MPCA approval. Barthel made a motion to approve the minutes as amended. Anderson seconded the motion. All voted aye. The minutes of the June 21, 1993, public hearing on the vacation of 60th Street were amended to include the following legal description of the portion of 60th Street being vacated: That part of the NW 1/4 of the NE 1/4 of SEction 1, Township 120, Range 24, Wright County, Minnesota, lying southwesterly of the southerly right-of-way line of Wright County Highway Number 37 and between the extension north of the west and east lines of Lot 7, Block 1, Plat of Block 1 and Block 2 in the NW 1/4, Section 1, Township 120, Range 24, Wright County, Minnesota. Barthel made a motion to approve the minutes as amended. Anderson seconded the motion. All voted aye. n Barthel made a motion to approve the minutes of the June 23, 1993, emergency meeting regarding the wastewater treatment facility. Anderson seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the June 23, ALBERTVILLE CITY COUNCIL July 6, 1993 Page 2 of 6 1993, special meeting. Anderson seconded the motion. All voted aye. The Council reviewed the information presented by Carolyn Bauer concerning the potentially dangerous situation on 54 1/2 Street created by sump water being pumped next to the curb. The Council directed Linda to send a letter to LaDonna Eull, the property owner whose sump water is being pumped into the curb, and request that she shorten the length of the piping that carries the water so that it extends only to the easement line. The Council also directed that the maintenance department attempt to clean up the algae growth along the curb. James Thiesen, 5621 Lake Avenue, discussed the drainage water that remains trapped on the back of his lot. According to Thiesen, there are catch basins further down from each side of his property but the water stays trapped in his backyard. The Council asked Thore to review the site and to determine if the City has a drainage and utility easement on this lot. Engineer Thore Meyer reviewed the bid tabulations for Psyk's 5th Addition project. The apparent low bidder is Machtemes Contracting with a base bid of $193,908.10. Alternate bids were taken for PVC pipe for the storm sewer portion not under the street and for the water mains. Using PVC storm sewer results in a deduction of $2,624.00. Using PVC water mains results in a deduction of $8,012.60. Thore explained that the City has not used PVC water mains in the past, but. PVC storm sewer has been used. Some cities Thore contacted have used PVC water mains and have been satisfied. A lead wire is placed -next to the watermains to allow for locating the buried pipe. Thore recommended that the Council award the bid for the Pysk's 5th Addition project to Machtemes Contracting in the amount of $183,271.50 and allow the use of PVC storm sewer and water main. Barthel made a motion to award Machtemes Contracting the contract to make the improvements in Psyk's 5th Addition as recommended by the City Engineer, contingent upon a completed Developer's Agreement. Vetsch seconded the motion. All voted aye. Ron Becker explained to the Council that since 50th Street construction has been underway his field is being washed out from drainage water from 50th Street. The water travels over his field and exits through several other lots. City Engineer Thore Meyer has checked the area. He reported that the culvert under 50th Street has been removed and that only water from the centerline of the street now drains toward Becker's. The drainage is concentrated now on the west edge of Becker's property through a storm sewer into a rocked area. At Becker's request, the low area along the street was filled in with several feet of dirt when the street was being graded. Thore believes that prior to this area ALBERTVILLE CITY COUNCIL July 6, 1993 Page 3 of 6 being filled in, it served as a sort of detention area for water and allowed the water to move more slowly. The amount of water that drains across Becker's field and out through the other properties has not increased and very probably has decreased since construction on 50th Street has begun. Thore suggested that the old field tile be located through probing to determine if it is possible to pipe water from the storm sewer outlet into the field tile. Thore stated that the storm sewer is 12" and the field tile is only 4" or 5" and connecting the two will not eliminate all the water immediately. Thore was directed to proceed in locating the field tile and present the options to the Council at the next meeting. The Council reviewed the Developer's Agreement for Pysk's Fifth Addition. Linda pointed out that in lieu of a letter of credit for surety, Psyks propose to establish an account at Security Bank Northwest in the amount of $67,750. The account will require three signatures for withdrawal. Doug Psyk, the city clerk and the mayor will be authorized signatures on the account. Psyk will be unable to withdraw funds from this account without one City signature. However, the City can withdraw monies from this account if necessary to complete the terms of the Developer's Agreement. Barthel made a motion to approve the Surety Agreement as proposed in the amount of $67,750, the surety required for the improvements and escrow items. Anderson seconded the motion. All voted aye. Doug Psyk requested that the Council delete the words "and wetland" from the first sentence of Page 11 of the Developer's Agreement. Since the agreement is only for the Fifth Addition and there are no wetlands in this addition, Anderson made a motion to approve Psyk's request and amend the Developer's Agreement on Page 11 by deleting "and wetlands" from the first sentence and by accepting new surety amounts based on the bid awarded earlier in the meeting. Vetsch seconded the motion. All voted aye. Bob Braun asked the Council to reconsider the amount of the Letters of Credit for the Hardwood Ponds 2nd Addition. He feels that a 75% Letter of Credit if the project is assessed over three years or a 100% Letter of Credit if the project is assessed over five years is excessive for an experienced developer in the City of Albertville. Since the Council has established a policy stating that the amount of sureties required is not less than 50% nor over 100% and is determined on a case -by -case basis, and Braun Development Incorporated has been proven to be a good risk with the first Hardwood Ponds Addition, Vetsch made a motion to set the surety amount for Hardwood Ponds Second Addition at 50° if the project is assessed over three years or 75% if the project is assessed over five years. Barthel seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL July 6, 1993 Page 4 of 6 Pursuant to Minnesota Statutes 471.705 Subdivision ld, Barthel made a motion to adjourn to a closed meeting at 9:15 PM to consider litigation matters with John -George, Inc. Anderson seconded the motion. All voted aye. Acting Mayor Berning reconvened the public portion of the regular City Council meeting at 9:33 PM, Engineer Thore Meyer reported that the amendment to the Parkside Addition Feasibility Study adding a gravity sanitary sewer from the proposed lift station site to the southerly boundary of the Westwind Park ares increase the estimated cost of the project by $8,600. This figure includes the engineering fees but not include additional costs for bonding, financing or legal fees. Thore advised the Council that the apparent low bidder for the wastewater treatment facility expansion is Rice Lake Contracting with a base bid of $316,400. Engineer Norm Gartner will review the bids with the Council at a later date. Thore explained that he and Norm Gartner had met earlier in the day with Larry Kosack, Otsego's city engineer, to discuss a ditch clean -out agreement for Otsego Creek. A preliminary outline is being drafted by the engineers and should be available for the Otsego City Council to consider at their Monday, July 12, meeting. The preliminary draft will establish a formula for assessing costs of the clean -out based on the percentages of acreage draining into Otsego Creek from each city, including a basis for calculating a percentage of use from the expanded wastewater facility. Based on very preliminary estimates of acreage, Thore estimates that Albertville's percentage of the costs would be around 25% of the cleanout costs. The City of Albertville will not participate in any improvements, only the ditch cleanout. The cost of the glitch cleanout is unknown at this point. The proposal will have two members of each City Council appointed meet annually to review what clean -out. work is necessary. The City of Albertville will stipulate that thF agreement is only binding upon the City if Otsego's protest of the issuance of the NPBES permit is withdrawn. The engineers also discussed the regional sewer study resolution proposed by the City of Otsego. According to Otsego's engineer, Otsego is requesting that a committee be established to meet once a year only to discuss regional sewer needs. 1-IN Anderson made a motion to set a special Council meeting for Monday, July 12, 1993, at 6:00 PM to review the preliminary ditch agreement worked out between the engineers. If the Council passes the agreement, the agreement will be faxed to the City of Otsego for their action. Barthel seconded the motion. All voted aye. /'*N ALBERTVILLE CITY COUNCIL July 6, 19953 Page 5 of 6 Vetsch made a motion to approve the Conditional Use Permit for Gerald Corbin allowing him a second driveway access on 50th Street, as recommended by the Planning Commission on June 29, 1993. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the site plan for Security Bank Northwest contingent upon the following: (1) The true property lines of the site will be determined and the curb located five feet from the property lines on all sides, (2) A catch basin is installed inside the curb with an underground piping system connected to the storm sewer, (3) The curb is extended to include the radius on the vacated portion of 60th Street Anderson seconded the motion. All voted aye. Barthel made a motion to approve the Financial Statement for June 17 - June 28 as presented. Anderson seconded the motion. All voted aye. Barthel made a motion to approve payment of Check #'s 7590- 7597, Check Vs 7599-7615, and Check #'s 7617-7634. Anderson seconded Iha n ot4 �, A11 voted aye, After clarification of the invoices, Anderson male a motion to approve payment of Check #7598 and Check #7616. Vetsch seconded the motion. All voted aye. Linda was directed to prepare a monthly comp hours report for each employee. The Council reviewed the lease agreement with Security Bank Northwest for City owned property adjoining the bank' property. Anderson made a motion to amend the lease agreement from a 99-year lease to a 30-year lease. Vetsch seconded the motion. Anderson, Vetsch and Berning voted aye. Barthel voted no. The motion to approve an amended lease carried. Barthel made a motion to approve the Wright County Funding Agreement for reconstruction of Main Avenue. Anderson seconded the motion. All voted aye. Anderson made a motion to appoint Councilmember Barthel and Mayor Potter to a committee to meet with representatives of the City of Otsego to work out a ditch agreement for Otsego Creek clean -out. Vetsch is appointed the alternate to the committee. Vetsch seconded the motion. All_ voted aye. Vetsch male a rrilot:ion t= arr,r<- the ea_ement for- the .;:1te :-main extension to the n;nw ;water It�_-aer as r ,,,. .�� b t he Joint Powers p � Z .. y i_ �rJ.1it ALBERTVILLE CITY COUNCIL July 6, 1993 Page 6 of 6 Board. Barthel seconded the motion. All voted aye. Barthel made a motion to grant MNDOT a permit to construct and cooperatively maintain and operate a public park and ride site at the corner of County Roads 19 and 37. Anderson seconded the motion. All voted aye. John Weicht of School Street Development requested that the Council authorize the building inspector to issue a footings and foundation permit for one of the proposed 75-unit apartment buildings in Westwind Third Addition. Weicht explained that he must get the groundwork for the building started to avoid losing his financing for the project. He stated that he is aware of the risk that he may not be able to connect to the sewer system if the wastewater facility cannot be constructed as scheduled and he is willing to take that risk. The Council agreed to authorize the issuance of a footings and foundation permit with the stipulation that in issuing this permit, the City does not guarantee that the building will have sewer accessibility. Barthel made a motion to approve a special use permit for the 152 Club to have outdoor live music until 1:00 AM on July 17th. Anderson seconded the motion. All voted aye. Anderson reported that the Park Board requests a City map and a schedule of uses. They have also requested that the City purchase a copy of the Bikeway Design Manual from MNDOT. Barthel made a motion to adjourn at 11:17 PM. Anderson seconded the motion. All voted aye. ^u- -.- Berning, Actin_ May,, Linda 1 - /'1 ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS July 6, 1993 III. APPROVAL OF CONSENT AGENDA - Follow Up Sheet - June 21, 1993, Meeting - Minutes of June 21, 1993 - Regular Meeting - Minutes of June 21, 1993 - Public Hearing - 60th St. vacation - Minutes of June 23, 1993 - Emergency Meeting - Wastewater Treatment Expansion - Minutes of June 23, 1993 - Special Meeting - Financial Statement (June 17 - .June 28) - Approve bills (Check #7590 - #7630) CITY OF ALBERTVILLE FOLLOW UP SHEET JUNE 7, 1993 DATE _ ACTION TO BE TAKEN _ PERSON 1993 3/15 Write change order for second lift of black- CM#rier top for 3 blks. along 57th St. & Lander Ave. 4/5 Obtain explanation from Ericksen Ellison re: Meyer their apparent over billing. 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. 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 Investigate 2 letters from Mary Vetsch and Linda prepare staff report for Council. 6/7 Set meeting w/Maint. Dept. & Park Board after co -Mil staff report is complete. 6/7 Contact St. Cloud re: establishment of HRA Potter and EDA. 6/21 Send letter to L&D Trucking requesting re- Linda moval of dirt from ditch. 6/21 Restore C. Paulson's property abutting Ken alleyway. 6/21 Send letter to D. Heifort re: responsibility Linda for cost of sloping past property line. 6/21 Review sewer rates in 6 months. Coxrl 6/21 Meet with Sheriff Hozempa to discussl contracted services. Vetsch 6/21 Meet with Security Bank Northwest to resolve Potter 6/24 lease or purchase of city owned property Linda near bank. TENTATIVE NOTES OF MEETING AND MAY INACCURACIES. 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 4.971410. 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 Couri 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. Councilmember 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 10:30 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk ALBERTVILLE CITY COUNCIL PUBLIC HEARING 60TH STREET VACATION June 21, 1993 Albertville City Hall 7:00 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 public hearing to order. The purpose of the public hearing is to consider the request from Security Bank Northwest to vacate the portion of 60th Street bordering the bank's property. Attorney Couri explained that should the City decide to vacate 60th Street, only a small triangular piece will revert to the bank. The larger portion of the street would remain City property. The Cit has the option of leasing, selling or retaining that piece of property. The City is not legally required to seek competitive bids in order to sell the property. Paul Ederer explained that the bank does not need to have the street vacated in order to construct the bank building. He feels that because the street is a dead end street with no potential to be extended east, it would be more aesthetically pleasing, both to the bank property and to the City, to have the area converted to a green area. The bank agrees to maintain the property and to grant the City an easement over the underground utilities. Jim Walsh addressed the Council. He disagrees with the City owned property being called an "eyesore". He also feels that the Council is setting a precedent by vacating this street. Other parties in the City may request the same type of vacation to increase the size of their property. Walsh also feels that if the County decides to make County Road 37 a four -lane road someday, the City may need that property. Mayor Potter told Walsh he had spoken with Wright County engineers and they have no plans for expanding County Road 37. Walsh requested that each Council member be polled regarding where they do their banking. Anderson made a motion stating that the City Council finds it in the best interests of the City of Albertville to vacate 60th Street and to adopt RESOLUTION 1993-11 entitled RESOLUTION TO VACATE 60TH STREET AND TO RESERVE UNDERGROUND EASEMENT RIGHTS. The Council will appoint a committee to meet with the bank to resolve the question of leasing or selling the parcel of property that the City owns adjoining the bank property. Berning seconded the motion. All voted aye. Berning made a motion to close the public hearing at 7:30 PM. Vetsch seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk CITY OF ALBERTVILLE EMERGENCY MEETING June 23, 1993 Albertville City Hall 6:30 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, Albert Barthel, John Vetsch and Sharon Anderson, City Clerk Linda Houghton Mayor Potter called the emergency meeting to order for the purpose of responding to the request from the City of Otsego to enter into an agreement for the restoration and maintenance of Otsego Creek. Potter explained that he had been in contact with members of the Otsego City Council who indicated to him that the City of Otsego will file an appeal of the NPDES Permit by the deadline unless the City of Albertville enters into this agreement. Potter has contacted Lloyd Grooms. Grooms advised Potter that City needs to weigh the costs of the agreement against the potential costs of a 30-dart delay in issuance of the permit. Potter stated it i3 his opinion that acquiescing to this demand will leave the City of Allertville open to more demands. Mayor Potter asked for comment from each of the Councilmembers. Councilmember Anderson stated that she feels the City of Albertville is essentially being blackmailed. Councilmember Barthel is concerned that even if the City of Albertville enters into the agreement, the City still has no guarantees that the City of Otsego will not contest the issuance of the NPDES permit. Councilmember Vetsch does not believe the City of Albertville should be "blackmailed". Vetsch made a motion to adopt RESOLUTION 1993-17 stating that the City of Albertville has made a good faith effort to reach a mutual agreement with the City of Otsego regarding Otsego Creek and the regional sewer facility study and will not enter into either agreement until the details of the agreements can be mutually agreed upon. Anderson seconded the motion. The motion was passed unanimously. Barthel made a motion to adjourn at 6:58 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayer Linda Boughton_, Clerk CITY OF ALBERTVILLE SPECIAL MEETING June 23, 1993 Albertville City Hall 7:00 PM PRESENT: Mayor .Mike Potter, C.ouncilmembers Duane Berning, Albert Barthel, John vetsch and Sharon Anderson, City Clerk Linda Houghton, City Attorney Mike Couri, Auditor Mark Babcock Mayor Potter called the special meeting to order for the purpose of reviewing the Developer's Agreements for Hardwood Ponds Second Addition and Parkside Addition and to review the Audit Report for the year ended December 31, 1992. Attorney Couri reviewed the important points of the Developer's Agreement drafted for the Parkside Addition. He advised the Council to establish the surety amounts required and the terms of the assessment. Bonding will be arranged so that the first installment of the special assessment will be payable in 1994. Bonding as soon as possible and assessing the project for the 1994 tax rolls will eliminate capitalized interest costs. Barthel made a motion to approve the Developer's Agreement for Parkside with the following stipulations: If the project is assessed over a five year period, a Letter of Credit in the amount of 100% of the estimated costs will be required. If the project is assessed over a three year period, a Letter of Credit in the amount of 75% of the estimated costs will be required. In addition a Letter of Credit in the amount of 50% of the estimated $49,200 cost of on -site improvements will be required. Anderson seconded the motion. Al l -,roted aye . rnev 10ur=e:7_aT.7pr-I t_IP ` r 0 `; S r?' over' = A^_eement for the Hardwood Ponds co add:epo_tet that t:�e planner ILl -as indica':.?d that a tr?e- _n1;e iecez�^ram . vetsch made a mot' c_. to ^ro -he ^eva'_oper's Agreement for Hardwood Ponds Second .addit_Ln -41t_1 the following stipulations: -- the project is assessed o-:T? a _ire year period, a Letter of Credit in the amount of 100°, of the estimated costs will be required. If the project is assessed over a three year period, a Letter of Credit in the amount of 750 of the estimated costs will be required. In addition a Letter of Credit in the amount of 500 of the estimated $14,960 cost of on -site improvements will be required. Barthel seconded the motion. All voted aye. Attorney Couri left the meeting at 7:33 PM. The Council reviewed the revised 1992 Audit Report with Mark Babcock. Babcock told the Council a management letter with his recommendations will be sent out at a later date. Babcock pointed out that the major area of concern is the General Fund balance. Berning made a motion to accept the 1992 Audit Report prepared by Babcock, Langbein & Company. Vetsch seconded the motion. All voted aye. Barthel made a motion to adjourn at 8:05 PM. Anderson seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk M:1:1E 5964 Main Avenue N.E. P.O. Box 131 Albertville, MN 55301-0131 (612) 497-3384 Fax: (612) 497-3210 CITIZEN INFORMATION FORM DATE: JUL1-)z Z'-), (Q'13 NAME : ADDRESS: F I �Pr �-',; ► ' PHONE: -7 NATURE OF INFORMATION: � lir r`ry-•N � �,.;�LGLt,t.�G ���- C;,\ !.�i' !�1.�'_�i Y' .�Lt _�, rt_ �l\':x r�C'•'_ dir ACTION TAKEN. �,�►1.���L, i..t {10f�_�! IJ`'! ✓L�lv �-.•�.i^�.�_ _",_'-1 _ - -r tCL � i>,`.-t�-v/'� -; ";� 1 C.i �`�- �"=- t��f'- � �-�.+_Ct-I� `� �' ` �-i• �'_' Lr;���"� �' `�r � �r`�- ✓fir ACTION PERFORMED BY: DATE: ,..Lli� eo� THIS FORM MUST BE TURNED INTO CITY HALL BY 5:00 PM THE WEDNESDAY BEFORE THE SCHEDULED CITY COUNCIL MEETING. REQUEST TO BE SCHEDULED ON AGENDA ALBERTVILLE CITY COUNCIL MEETING DATE OF MEETING: NAME DEPARTMENT/ADDRESS: BUSINESS TO BE ADDRESSED BY CITY COUNCIL: ACTION REQUESTED OF COUNCIL: SIGNED % ; /' ! ` ��` - DATE ' 10V J SP"( 6 30-a 3 DEVELOPER'S AGREEMENT Psyk's Fifth Addition THIS AGREEMENT, entered into this day of , 1992 by and between Douglas P. Psyk and Beatrice E. Psyk and Psyk Development Corporation, collectively referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit "A", attached hereto and incorporated herein by reference, a portion of which parcels of land are proposed to be subdivided and platted for development, and which subdivision, which is the subject of this agreement, is intended to bear the name "Psyk's Fifth Addition" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's plat of Psyk's Fifth Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to, grading, sanitary sewer, water, storm sewer and streets be installed to serve the Subject Property and other properties affected by the development of Developer's land, to be financed through assessments levied upon the Subject Property under Chapter 429 of Minnesota Statutes; and WHEREAS, the City further requires that certain on- and off - site improvements be installed by the Developer within the Subject Property, which improvements consist of boulevards, boulevard top soil and sod, trees planted in the front yards of those lots abutting the boulevards, grading control per lot, bituminous or concrete driveway approaches, drainage swales, berming, street signs, street cleanup during project development, erosion control and siltation/retention pond, and other site -related items, and which improvements to the Subject Property shall be referred to herein as "Escrow Items"; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and Subsequent owners, the understandings and agreements of the parties concerning the development of the Subject Property; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1 1. Petition for Improvements. Developer herein petitions the City to construct those improvements (hereinafter referred to as "Petition Items") set forth in the Petition attached as Exhibit "Bit, and as detailed in the Feasibility Study for Psyk's Fifth Addition, as prepared by Meyer-Rohlin, Inc., and dated August 12, 1992, attached hereto and marked Exhibit licit, including all street and drainage grading. 2. Waiver. Developer waives all right to a public hearing and other statutory rights granted to a property owner under Chapter 429 of Minnesota Statutes as the said rights therein granted relate to Petition Items as described in Exhibits "B" and licit. 3. Petition Items. A. The City shall construct, at its discretion, all or a portion of the Petition Items as shown on Exhibit licit pursuant to its regular methods of making public improvements. The Developer agrees that special assessments for said improvements may be levied by the City, without Developer's objection, after construction is commenced. Thereafter, the expense incurred or to be incurred in making the improvement shall be calculated under the direction of the Council. The Developer further agrees that the City may recover its costs and expenses related to the development of Psyk's Fifth Addition (as set out in paragraph nine below) as well as the costs of the construction of petition items, including legal, fiscal, bonding, administrative, engineering and other professional fees relating to Psyk's Fifth Addition, by levy of said special assessments to be payable in equal principal installments together with interest thereon from the date of the resolution levying the assessment as determined by the City over a period of not more than twelve (12) years. B. Prior to the advertisement for bids by the City for the construction of Petition Items, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by a abstract company registered under the laws of the State of Minnesota. 2 4. Petition Items - Surety. A. The Developer agrees to pay sufficient amounts of special assessments each year, if not already paid in prior years, for properties lying within said plat to enable the City to pay any debt service payments incurred as a result of the development of the subject property and construction of the Petition Items, including principal and interest, as such payments come due. Any deficiencies in the amount paid by the Developer for special assessments causing a shortage of funds with which the City may timely pay the required debt service payment(s) shall be supplemented with funds withdrawn by the City from the Developer's approved irrevocable letter of credit or other surety furnished to the City. Any of said surety or guaranty of funds referred to herein that are withdrawn will be used by the City for Payment of its herein referred debt service payment when due. Upon the Developer paying the delinquent special assessments, the City will repay to the surety, to the extent that the delinquent special assessments have been paid, the surety monies withdrawn, less any costs incurred by the City in conjunction with the said delinquent special assessments. B. The Developer shall provide the City with cash, approved irrevocable letter of credit or other satisfactory surety in the amount of $72,500.00, representing twenty-five percent (25%) of the estimated total assessment resulting from the Petition Item improvements. The said twenty- five percent (25%) surety is the guarantee referred to earlier in this section that sufficient revenue is annually produced by the payment of special assessments to enable the City to pay the required debt service payment. The City may draw on said surety for cash flow purposes to supplement the Developer's payments when Developer is delinquent in the payment of said special assessments or for other purposes as enumerated elsewhere in this agreement. 5. On and Off -Site Improvements/Escrow Items: Surety. A. Developer shall perform all on- and off -site improvements including installation of boulevards, boulevard top soil and sod, trees planted in the front yards of those lots abutting the boulevards, grading control per lot, bituminous or concrete driveway approaches, drainage swales, berming, and like items as necessary, street cleanup during project development, erosion control and a retention pond, all as detailed in attached Exhibit I'D". 3 B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under ground, within the street right of way, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Northern States Power or other such carrier; ii. Natural gas supply, to be provided by Minnegasco or other such carrier; iii. Telephone service, to be provided by United Telephone Company; In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer. C. For those improvements listed in Paragraph 5A and 5B above, which improvements to the Subject Property shall be referred to herein as "Escrow Items", Developer will provide the City with cash, irrevocable letter of credit or other satisfactory surety in the sum of $5,500.00 which represents 50% of the estimated cost of the installation and completion of Escrow Items. The said surety shall be a guaranty to the City that with the exception of boulevard improvements (sod, trees, driveway approaches), the construction and completion of the Escrow Items by the Developer, to the City's satisfaction, will be completed on or before June 1, 1996. D. The boulevard improvements for each lot or parcel shall be completed to the City's satisfaction within sixty (60) days of the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1st and before March 30th in any given year, in which case the boulevard improvements shall be so completed by the following June 15th. At the City's option, it may install street sign(s) and bill the direct cost of materials and installation to the Developer who will pay the bill within ten (10) days of the billing. E. That portion of said cash, irrevocable letter of credit, or other surety with respect to the performance of on - and off -site improvements shall be released upon certification of the City Engineer and approval of the 4 .90 City Council that all such items are satisfactorily completed pursuant to this Agreement. Periodically, as payments are made by the Developer for the completion of portions of the items described under "Escrow Items," and when it is reasonably prudent, the Developer may request of the City that the surety be reduced for that portion of the Escrow Items which have been fully completed and payment made therefor. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. Surety Release. A. The developer may request of the City a reduction or release of any surety provided for in conjunction with the Petition Items (described in Exhibit B) and on- and off -site improvements (listed in section five above) as follows: i. When another acceptable surety is furnished to the City to replace a prior surety. ii. When the final cost amount minus previous payments becomes less than the surety provided, thus allowing the surety to be reduced to a sum commensurate with the remaining amount of the project. iii. No reduction shall be made which would result in the surety held being less than thirty-five percent (35%) of the original surety until the final costs are known. iv. The Developer may petition the City Council for a reduction or release of that portion of the surety attributable to the Petition Items at such time as seventy-five percent (75%) of the properties to be assessed as a result of the construction of the Petition Items either: (1) are clear of all past, present, and future assessments due, or (2) are no longer owned by the Developer and the current owner has been issued a certificate of occupancy by the City for the residence built upon the property. The City Council may consider such a request, but the Council shall have the right to deny such request in the exercise of its discretion. B. The costs incurred by the City in processing any 5 reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 7. Surety Deficiency. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. All monies deposited with the City shall be used by the City at the City's discretion to defray the City's costs and expenses related to the project(s) referred to herein. 8. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, or fails to provide sufficient ground -cover to prevent continuing soil erosion from the Plat, Developer agrees to pay all costs the city may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from the Platted properties. In the event that said costs are not paid, the City may withdraw funds from any of the above -mentioned escrow funds for the purpose of paying the costs referred to in this paragraph. 9. Developer To Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all administrative, legal, and professional costs incurred in the creation, administration, enforcement or execution of this Agreement, and that these costs shall be added to the costs of construction of petition items and assessed against the subject property according to the terms of paragraph three above. 9 10. Erosion and Siltation Control. A. Financial Guarantee. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be installed. In addition, a financial guarantee shall be provided to the City to insure compliance during construction. The financial guarantee for this purpose shall be the same surety as described in paragraph five above. No portion of this surety shall be returned until all disturbed areas have permanent vegetation re-established. B. All erosion control measures recommended by the City Engineer shall be strictly complied with as set forth in Exhibit "E", which is hereto attached and herein incorporated by reference. C. Developer shall cause, to be constructed upon the Southerly portion of Said Plat, either through City construction or through Developer's own means, a retention/siltation pond or ponds for run off from the Said Plat. Said pond shall conform with all requirements set forth by the City as shown in Exhibit "F" attached hereto and herein incorporated by reference. Developer shall comply with all requirements concerning length of time of water retention, design of the pond and location and size of outlets. Developer shall so contour the land such that water drainage from Said Plat first flows into said siltation pond, allowing waterborne soil and silt to deposit in such siltation pond before said water drains into the wetland areas, all according to specifications as approved by the City Engineer. Developer shall clean the retention and siltation pond of excess particles, including soil, silt and phosphates during and/or upon completion of the construction phase. 11. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system (including but not limited to watermain), sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required 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, 7 repair, or maintain such public property. Developer shall have thirty (30) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council. In the event that Developer fails to so clean up, repair or maintain said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, funds sufficient to pay the bill may be withdrawn by the City from either surety described above. 12. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this agreement. 13. Miscellaneous. A. Developer agrees that all items listed in this paragraph are items for which it is responsible for completing and all work shall be done at Developer's expense. B. Developer shall comply with all requirements set forth for drainage into the county ditch through which water from Subject Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. Developer's obligation under this subsection shall cease upon dedication of the storm sewers and ponds/wetlands into which they drain. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. D. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, unless 8 a specific exception is approved by the City. E. The action or inaction of a waiver or amendment to t To be binding, amendments signed by the parties and of the City Council. The legal action to enforce waiver or release. the City shall not constitute he provisions of this Contract. or waivers shall be in writing, approved by written resolution City's failure to promptly take this Contract shall not be a F. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer a release. G. The parties acknowledge that the City's wastewater treatment plant is near capacity, that the City is currently in the process of expanding its wastewater treatment facility, and that the Minnesota Pollution Control Agency ("MPCA") may not permit additional hookups to the Albertville sewer system until such time as the City has expanded its wastewater treatment plant capacity. While expansion of the wastewater treatment plant capacity is expected to be completed in late-1993, Developer acknowledges that there may be unexpected delays in the completion of said expansion, which in turn may delay hookup of those lots in Said Plat not currently permitted by MPCA for hookup to the wastewater system. Developer agrees to hold the City harmless from any loss incurred by Developer and its successors or assigns as a result of delays which may occur in the completion of said plant capacity expansion and thus the hookup of Developer's lots, provided the City acts in good faith in pursuing the completion of said expansion. H. All water concerns will be handled by the Joint Powers Water Board. No connections to the water system will be permitted until the Board has given final approval. 14. Draw on Expiring Letter of Credit. In the event a surety or other form of guarantee referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or completed, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the expiring letter of credit. If a new letter of credit is not received as required above, the City may declare a default in the terms of this Agreement and thence draw in part or in 9 total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. Such irrevocable letter of credit must contain a provision requiring the issuer of the letter of credit to notify the City within sixty (60) days prior to the expiration of said irrevocable letter of credit. The form of said irrevocable letter of credit shall be approved by the City Attorney prior to its issuance. 15. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof, and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. The City may thence immediately and without notice or consent of the Developer use all of the deposited escrow funds, irrevocable letter of credit or other surety funds to complete the Developer's Petition Items and on- or off -site improvements, and to bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. B. Paragraph 15 shall not apply to any acts or rights of the City under paragraph 14 above, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. C. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 16. Dedication of Land to City. A. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall 10 dedicate all holding ponds and wetlands to the City. Upon completion of all construction work and certification of completion by the City Engineer of all roads and sewers, Developer shall dedicate all roads and road right of ways to the City. Prior to dedication, Developer shall provide "As-Builts" of all ponds, sewers, roads, gas pipelines, electrical, cable and phone supplies. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. Developer's obligation as to said roads, ponds or wetlands within said Plat shall cease upon dedication and acceptance by the City. B. Developer agrees to Dedicate to the City that portion of land denoted as park land on the preliminary plat. The Developer acknowledges that it has not dedicated the proper amounts of land and/or money to fulfill the park dedication requirements for the Subject Property, and that fulfillment of said park dedication requirement has been deferred pending future development of lands owned by Developer adjacent to Subject Property. Developer acknowledges that additional land and/or money (as determined by the City Council) shall be dedicated in the future by the Developer, in the amounts as required by the City's Park Dedication Ordinance (as it exists as of the date of signing of this Agreement) in fulfillment of the Developer's park dedication requirements for the Subject Property. Developer agrees that either surety described above shall act as security to assure that said park dedication fee is paid. 17. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 18. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by 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 11 or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 19. Developer Personally Bound by Contract. Those parties signing on behalf of Developer (and the Developer, if the Developer is a different entity than said parties) shall be personally liable for the fulfillment of all obligations under this Contract. The obligations of the Developer (and the parties signing on behalf of Developer) under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. Upon fulfillment of all terms of this Developer's Agreement, and upon request by Developer, the City Council shall execute a release of Developer from this agreement. 20. Attorney's Fees. The Developer will pay all reasonable attorney's fees incurred by the City and as fixed by the Court in the event a suit or action is brought to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's fees incurred by the City in the event an action is brought upon a bond or letter of credit furnished by the Developer as provided herein. 21. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail (addressed as follows) to the following parties: City of Albertville c/o City Clerk P.O. Box 131 Albertville, MN 55301 Telephone: (612) 497-3384 Douglas or Beatrice Psyk 11420 54th Street N.E. Albertville, MN 55301 Telephone: (612) 497-2753 22. Agreement Effect. This agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, 12 By Its Mayor By Its Clerk DEVELOPER, Douglas P. Psyk Individually Beatrice E. Psyk Individually By: Douglas P. Psyk President By: Beatrice E. Psyk Treasurer/Secretary STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1993, by Michael Potter as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public 13 STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1993, by Linda Houghton, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1993, by Douglas P. Psyk individually and as President of Psyk Development Corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of _ individually and as Corporation. , 1993, by Beatrice E. Psyk Secretary/Treasurer of Psyk Development Notary Public 14 Legal Description EXHIBIT A 15 Petition EXHIBIT B 16 Feasibility Study EXHIBIT C 17 EXHIBIT D On- and Off -site improvements. i�3 Erosion Control Plan EXHIBIT E 19 Ponding Specifications EXHIBIT P 20 4. Petition Items - Surety. A. The Developer agrees to pay sufficient amounts of special assessments each year, if not already paid in prior years, for properties lying within said plat to enable the City to pay any debt service payments incurred as a result of the development of the subject property and construction of the Petition Items, including principal and interest, as such payments come due. Any deficiencies in the amount paid by the Developer for special assessments causing a shortage of funds with which the City may timely pay the required debt service payment(s) shall be supplemented with funds withdrawn by the City from the Developer's approved irrevocable letter of credit or other surety furnished to the City. Any of said surety or guaranty of funds referred to herein that are withdrawn will be used by the City for Payment of its herein referred debt service payment when due. Upon the Developer paying the delinquent special assessments, the City will repay to the surety, to the extent that the delinquent special assessments have been paid, the surety monies withdrawn, less any costs incurred by the City in conjunction with the said delinquent special assessments. B. The Developer shall provide the City with cash, approved irrevocable letter of credit or other satisfactory surety in the amount of $62,250.00, representing twenty-five percent (25%) of the estimated total assessment resulting from the Petition Item improvements. The said twenty- five percent (25%) surety is the guarantee referred to earlier in this section that sufficient revenue is annually produced by the payment of special assessments to enable the City to pay the required debt service payment. The City may draw on said surety for cash flow purposes to supplement the Developer's payments when Developer is delinquent in the payment of said special assessments or for other purposes as enumerated elsewhere in this agreement. 5. On and Off -Site Improvements/Escrow Items: Surety. A. Developer shall perform all on- and off -site improvements including installation of boulevards, boulevard top soil and sod, trees planted in the front yards of those lots abutting the boulevards, grading control per lot, bituminous or concrete driveway approaches, drainage swales, berming, and like items as necessary, street cleanup during project development, erosion control and a retention pond, all as detailed in attached Exhibit I'D". 3 RECOMMENDATION FOR PSYR LETTER OF CREDIT/SURETY Estimated Costs as of June 30, 1993 for Psyk's Fifth Addition Municipal Improvements. Construction Costs $193,000 Engineering $ 35,000 Contingencies $ 11,000 Bonding/Legal $ 10,000 Total Estimated Costs $249,000 x 25% Municipal Improvement Letter of credit $ 62,250 Letter of Credit for Escrow Items $ 5,500 Total Letter of Credit $ 67,750 FROM: RADZWILL LAW OFFICE FAX: 612-4972599 Jun-29-93 Tu• SURETY AGREEMENT In fulfillment of the surety requirement of a certain Developer's Agreement (Psyk's Fifth Addition) dated , 1993 between Douglas and Beatrice Psyk ("Psyks") and the City of Albertville ("City"), Psyks agree to deposit the full amount of the surety required under said Developer's Agreement into an account with Security Bank Northwest in St. Michael. The account shall be in the name of the Psyks and the City, but all interest shall accrue to the Psyks. only three people shall sign on the account: Doug Psyk and two City officials to be designated by the City Council. Two signatures shall be required in order to withdraw money from the account (i.e., the City can withdraw money without Doug Psyk's signature if both City officials sign the withdraw slip). The City agrees that it will not withdraw money from the account except as authorized in the above referenced Developer's Agreement in regard to drawing upon the surety/letter of credit. It is the intent of the parties that this account substitute for and be treated as if it were an irrevocable letter of credit in favor of the City, and the parties hereby authorize the Security Bank Northwest to create said account. Dated: DEVELOPER Douglas Psyk Beatrice Psyk CITY OF ALBERTVILLE Mayor Clerk TENTATIVE NOTES OF MEETING AND MAY CONTAIN INACCURACIES. PLANNING & ZONING COMMISSION JUNE 29, 1993 ALBERTVILLE CITY HALL 7:00 PM COMMISSION MEMBERS PRESENT: LeRoy Berning, Howard Larson, Roger Johnson, Albert Barthel, alternate Jan Heikes, and Secretary Ann Culley. ABSENT: Donatus Vetsch Chairman Berning called the meeting to order at 7:00 PM. Johnson made a motion to approve the agenda as submitted. Larson seconded the motion. All voted aye. Larson made a motion to approve the minutes of the June 3, 1993, meeting as submitted. Barthel seconded the motion. All voted aye. Chairman Berning called the public hearing to order at 7:05 PM to consider Gerald Corbin's application for a conditional use permit to allow him to maintain an existing curb cut on Main Avenue and also to maintain one of two existing curb cuts on 50th Street. Corbin addressed the Commission stating that he would prefer to be allowed to retain both driveways on 50th Street in addition to the one on Main Avenue. 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 removing both driveways on 50th would make it almost impossible to access his garage with his lawnmower, etc. There being no further comments from those present, Larson made a motion at 7:10 PM to close the public hearing. The motion was seconded by Johnson. All voted aye. The Commission next reviewed their findings of fact, a copy of which is attached as a permanent record. Barthel made a motion to recommend that the City Council approve Gerald Corbin's request for a conditional use permit to allow him to maintain an existing curb cut on Main Avenue and also to maintain one of the two existing curb cuts on 50th Street. Heikes seconded the motion. All voted aye. David Wiesner of H & E Architects presented a new final site plan for Security Bank Northwest to the Commission. A new site plan was necessary to show the addition of the newly vacated 60th Street and also the property that the bank will be leasing from the City. Johnson questioned whether or not the sign would be in PLANNING COMMISSION - 6/29/93 Page 2 of 2 compliance with the City"s sign ordinance. Culley stated that the sign permit is not issued with the building permit and that the building inspector will make certain that it meets all city requirements prior to issuing a sign permit. The Commission informed them that the alley is not a one way as is shown on the site plan. Barthel made a motion to recommend that the City Council approve the revised final site plan for Security Bank Northwest, latest revision date of 6/28/93, contingent upon review and approval by City Engineer Thore Meyer and by City Building Inspector Kevin Mealhouse. Johnson seconded the motion. All voted aye. The Commission next reviewed the building plans for Security Bank Northwest. Wiesner stated that he has been informed that completion of construction can be expected to be approximately 90 days from issuance of the building permit. Heikes made a motion to recommend that the City Council approve the building plans for Security Bank Northwest contingent upon review and issuance of a building permit by City Building Inspector Kevin Mealhouse. Larson seconded the motion. All voted aye. Berning made a motion to schedule a joint meeting with the Park Board on August 10, 1993, at 7:00 PM to begin working on a comprehensive plan for walking paths for the city"s park system. The Commission was informed that the Park Beard has been supplied with a lot of information from the City Planner's office regarding this matter. Heikes seconded the motion. All voted aye. Berning questioned if anyone was familiar with federal grant money available for walkways. No one was. Culley was directed to check with Linda Houghton and David Licht to see if any information is available with regard to this. The Commission directed Culley to prepare follow up sheets for all future meetings. The Commission further questioned why they are not receiving the monthly budget information they have been requesting. Culley will check into it. Johnson made a motion to adjourn at 8:00 PM. The motion was seconded by Barthel. All voted aye. Ann Culley, Secretary CONDITIONAL USE PERMIT FINDINGS OF FACT CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA NAME OF APPLICANT: JERRY CORBIN Applicant is requesting a Conditional Use Permit to permit him to maintain a curb cut on Main Avenue and one on 50th Street. The subject property is legally described in the attached EXHIBIT A. On June 29. 1993 , the Albertville Planning Commission met at its regularly scheduled meeting to consider the application of Jerry Corbin for a Conditional Use Permit to allow him to maintain an existing curb cut on Main Avenue and also to maintain one of two existing curb cuts on 50t1 - &tr-ee-t. The Planning Commission conducted a public hearing on the proposal preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak and now makes the following findings of fact. FINDINGS OF FACT 1. The applicant is requesting a Conditional Use Permit to allow _him to maintain an existing curb Qut on Main Avenue and also to maintain one of the two existing curb cuts on 50th Street. 2. The property is zoned "R-3" - Sin --le Family, Two Family 3. The legal description of the property is as follows: SEE ATTACHED EXHIBIT A 4. Section 400.2 (f) of the Zoning Ordinance directs the Planning commission to consider possible adverse effects of the proposed conditional use. Judgement shall be based upon (but not limited to) the following factors: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The Commission further feels that by allowing Corbin to maintain one driveway on 50th Street, it will reduce the possibility of a safety hazard which may result if Corbin is forced to use only the Main Avenue driveway. CONDITIONAL USE PERMIT - Jerry Corbin FINDINGS OF FACT PAGE 2 b. The proposed use is or will be compatible with present and future uses of the area. c. The proposed use conforms with all performance standards contained herein. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. f. Traffic generated by the use is within capabilities of streets serving the property. RECOMMENDATION Based on the foregoing considerations and Ordinances, the Planning Commission recommends that the City Council approve the Conditional Use permit in the form attached hereto. ADOPTED by the Albertville Planning Commission this 29th day of June , 19 93 ATTEST: ALBERTVILLE PLANNING COMMISSION r' L/7 LeRoy Berning, Chairman i Ann Culley, Secret+vey CITY OF ALBERTVILLE FINANCIAL STATEMENT June 17 - June 28, 1993 Beginning Cash Balance June 16, 1993 INCOME (June 17 - June 28) Bond Proceeds 6,750.00 Building Permits 4,885.99 Park Rent 25.00 Sewer Penalties 62.71 Sewer Receipts 557.04 Storm Water Penalties 9.15 Storm Water Receipts 65.09 Wright County - TIF 25,415.08 Wright County - TIF 3,189.05 Wright County TIF 7,065.33 Wright County(lst 1/2) 165,527.49 TOTAL INCOME EXPENSES (June 17 - June 28) Check #'s 7566-7583 Void #7584 (approved 6/21/93) 18,579.13 PAYROLL 6/16 - 6/29 Check # 7585 - Ann 495.83 Check # 7586 - Linda 784.58 Check # 7587 - Ken 745.04 Check # 7588 - Mike 584.78 Check # 7589 - PERA 336.44 TOTAL EXPENSES Ending Cash Balance June 28, 1993 213,551.93 21,525.80 $206,144.29 $398,170.42 n 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 @ 3.50 Piper-Jaffray Investments TOTAL INVESTMENTS 157,189.40 564,933.25 31,034.75 108,292.02 356,108.22 455,324.13 L672,881.77 CITY OF ALBERTVILLE BILLS TO BE PAID JQLY 6, 1993 Check_ No. Vendor Reason Amount 7590 Anderson, Sharon June Council 1.56.99 7591 Barthel, Albert June Council 183.52 7592 Berning, Duane June Council 143.14 7593 Potter, Mike June Council 207.79 7594 Vetsch, John June Council 143,14 7595 Affordable Sanitation Jun & July 4 Sea. Pk. 117.16 7596 Berning, LeRoy 2nd Qtr. P&Z 115.00 7597 Chapin Publishing Advtz . Bids 470.64 7598 Culley, , Ann 25 Hrs . Comp. 185.22 7599 Don"s Auto F.D. Gas 93.85 St. Rep & Mtnc 7.00 St. Gas 3.92 104.77 7600 Feed -Rite Alum & Testing 2915.72 7601 Fehn, Dennis Excvtg. Sts. & park mtnc. 621.91 7602 First Natnl. Elk River GO Imp. Bond 2208.75 7603 Heikes, Janet 2nd Qtr. P&Z 55.00 7604 Johnson, Roger 2nd Qtr. P&Z 115.00 7605 LaPlant Sanitation June Srvc. 83.60 7606 Larson, Howard 2nd Qtr. P&Z 115.00 7607 McIntosh, Kevin 2nd Qtr. Park Bd. 90.00 7608 VOID 7609 Meyer-Rohlin 7610 Minnegasco 7611 MN Copy Systems 7612 Newman Traffic Signs June Services 24842.77 Park Shelter 24.23 June Mtnc. 198.85 4 No Pkg. Signs 35.06 7613 7614 7615 7616 7617 7618 7619 7620 7621 7622 7623 7624 7625 7626 7627 7628 7629 7630 NSP Otsego, City of Pitney Bowes Radzwill Law Ofc. Rockford State Bank Roden, Anita Roden, Pam Roto-Rooter Security Bank NW Security Bank Maple Lk Sunshine Lawn Service United Telephone Vetsch, Marvin W.C. Journal -Press W.C. Sheriff's Dept W.C. Treasurer VOID Welcome Furniture St. Lights 1.5 Hrs. grading Mo. Rental -Postage June Services GO Bond -Sewer 2nd Qtr. Park Bd. 2nd Qtr. Park Bd. Jet/Pump GO Imp Bond GO Imp Bond City Park Ballfield AFCD Phone 139.73 Park Shltr. 29.42 City Hall 227.32 2nd Qtr. Park Bd. Publications May Service Assessor Park Stove & Ref. TOTAL 1915.03 112.50 76.00 2655.00 4433.33 90.00 90.00 6045.97 4433.33 4433.33 340.00 396.47 75.00 512.05 2600.63 3729.00 950.00 66020.90 LEASE OF REAL PROPERTY DATE: 1. PURPOSE: The purpose of this agreement is to establish the terms for a lease of certain real property, described below and hereinafter "Property", between the City of Albertville ("City") a municipal corporation, Lessor, and Security Bank Northwest ("Bank"), Lessee. 2. LOCATION AND DESCRIPTION OF PROPERTY: Legal Description: The Property is legally described as: That part of the north 33.00 feet of the Northwest Quarter of the Northeast Quarter of Section 1, Township 120, Range 24, and that part of the south 33.00 feet of Government Lots 8 and 9 of Section 36, Township 121, Range 24, Wright County, Minnesota, lying southwesterly of the southerly right-of-way line of Wright County Highway Number 37, northeasterly of the southerly right-of-way line of former State Highway Number 152, and between the extension north of the west and east lines of Lot 7, Block 1, Plat of Block One and Block Two, in the Northwest Quarter of the Northeast Quarter of Section 1, Township 120, Range 24, Wright County, Minnesota. Also, that part of Lot 7 of said Block One lying northeasterly of a line parallel with and distant 15.00 feet southwesterly of the southerly right-of-way line of said Wright County Highway Number 37. 3. TERM: The term of this lease shall be for ninety-nine (99) years from the date of this lease as shown on the lease document. 4. CONSIDERATION: As consideration for this lease the Lessee promises to pay the Lessor the sum of one dollar ($1.00) per annum during the term of the lease, said payment to be made on each anniversary of this lease. 5. INDEMNIFICATION: a. Lessee: Lessee hereby indemnifies Lessor against any and all costs, disbursements, attorney fees, and judgements arising after the date of this lease which are directly caused by the activities of Lessor upon the Property, including any costs associated with the cleanup of any hazardous substances or other substances now or hereafter deemed harmful to the environment. 6. INSURANCE: Lessee shall maintain general liability insurance on said Property during the term of the lease. Said insurance shall be in the same amount as that carried by the City on its City Hall or other like building. 7. RIGHT TO TERMINATE: a. Lessor may terminate this lease and consider it void and without future effect if: i. Lessee carries on any illegal activity on the Property. ii. Lessee breaches any covenant or promise contained in this lease. Forbearance on the part of the Lessor does not constitute a waiver of any rights under this lease. b. Lessee may terminate this lease and consider it void and without further effect if Lessor breaches any covenant or promise made a part of this lease. Forbearance of the Lessee does not constitute a waiver of any of Lessee's rights under this lease. 8. RESERVATION OF RIGHT OF ENTRY FOR UTILITY PURPOSES: Lessor and Lessee agree that the Lessor shall reserve and retain the right during the entire term of this lease to enter upon the Property to install, repair, replace, maintain, inspect, or otherwise service underground utilities. Said reservation shall include that portion of the Property described as follows: Legal Description: Utility and Drainage Easement over the following described tract: That part of the north 33.00 feet of the Northwest Quarter of the Northeast Quarter of Section 1, Township 120, Range 24, and that part of the south 33.00 feet of Government Lots 8 and 9 of Section 36, Township 121, Range 24, Wright County, Minnesota, lying southwesterly of the southerly right-of-way line of Wright County Highway Number 37 and between the extension north of the west and east lines of Lot 7, Block 1, Plat of Block One and Block Two in the Northwest Quarter of the Northeast Quarter, Section 1, Township 120, Range 24, Wright County, Minnesota. Lessee covenants not to construct buildings or other similar structures upon the reserved portion of said Property (Lessee shall be permitted to landscape or pave said reserved Property), and should Lessor excavate or otherwise disturb said reserved Property pursuant to underground utility work, Lessor's obligation to restore said reserved Property shall extend only to leveling the soil and seeding the disturbed area with grass. Lessor shall not be required to replace pavement or other landscaping. 9. RESERVATION OF PROPERTY FOR CITY, COUNTY, STATE, OR FEDERAL ROAD PURPOSES: Lessor and Lessee agree that Lessee's interest in all or any portion of the Property shall terminate, without compensation to Lessee for any improvements to the property or for the loss of use of the Property, to the extent that the City, County of Wright, State of Minnesota, or United States Government requires all or a portion of said Property as part of a road or highway improvement project. The parties to the above instrument hereby set their hands and accept the terms of said instrument this day of 1993. CITY OF ALBERTVILLE Michael Potter, Mayor Linda Houghton, City Clerk SECURITY BANK NORTHWEST iM 0 Its President Its STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1993, by Mike Potter, as Mayor for the City of Albertville, Wright County, Minnesota. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1993, by Linda Houghton, as Clerk for the City of Albertville, Wright County, Minnesota. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1993, by Paul Ederer, as President of Security Bank Northwest. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 1993, by , as of Security Bank Northwest. Notary Public ' JOINT POWERS BOARD* Hanover, Frankfort, I Micbael and Nbertville Post Office Box lO * lIlOO ' 50cbStreet N.E. w Albertville, Miuoesoto553Ol-)0l0 * Telephone 612~497-561I June 30, 1993 Attn: Linda City of Albertville PO Box 131 Albertville, MN 55301 RE: Easement for main extension to the water tower Dear Linda: Enclosed is an easement grant for the watermain extension going up to the water tower. The Board would like to request that your community review and sign the easement or refer questions back to Joint Powers Board. If you have any questions, please contact me weekdays between B am and 1 pm. Sincerely, JOINT POWERS BOARD 'i- a*��"� Donna M. Kipka Secretary Enclosure HOFF & ALLEN, P.R. 612 941 9220 P.02 EASEMENT GRANT This EASEMENT GRANT is made between Earl Bauman ai Bauman, husband and wife, (hereinafter ref( "the Grantor") and the Hanover, Frankfort, St.Michael & Water & Sanitary sewer Board, a Minnesota municipal jo entity (hereinafter referred to as "the Grantee"). The following recitals of fact are a material pa instrument: rred to as lbertville int powers of this A. The Grantor is the owner of a tract of land described as follows and hereafter referred to as the "Parcel", to 4it: See Exhibit A attached hereto. B. The Grantor wishes to grant and the Grantee, wishes to receive a permanent easement ingress, egress and utili y purposes over, under, across and within those parts of the Parse described as follows, to wit: See Exhibit B attached hereto, (hereinafter eferred to as the "Easement Premises"). Now, therefore, for valuable consideration, the Jeceipt and: sufficiency of which is hereby acknowledged, the following grants, agreements, and covenants and restrictions are made: 1. GRANT OF EASEMENT. The Grantor, hereby grants to the Grantee, its successors and assigns, a permanent easement for ingress, egress and utility purposes over, under, across and within the Easement Premises. 2. USE OF EASEMENT. The installation or mainten$nce by the Grantee of an access route or driveway, pipes, conduits} or wires, under, upon, over or within the permanent easement p�emises is permissible. 3. WARRANTIES OF TITLE. Grantor warrants that! they have good and indefeasible fee simple title to the easement I premises. 4. RUNNING OF BENEFITS AND BURDENS. All provisi0s of this # instrument, including the benefits and burdens, run with the land and are binding upon and enure to the heirs, assigns, r�uccessors, tenants and personal representatives of the parties he sto. t i I QAWPDATAVT POWER18At114 J&4S i i i HOFF & ALLEN, P.A. 612 941 9220 P.03 IN WITNESS WHEREOF, the Grantors) have herei hands this day of J. 1993. 1 Bauman Bauman THE HANOVER, FRANKFORT, ST. ALBERTVILLE WATER & SANITARY Cha APPROVED BY: CITY OF HANOVER BY: Mayor Clerk TOWNSHIP OF FRANKFORT BY: Chairman Clerk Date: Date: set their EL, & BOARD HOFF L ALLEN. P.A. 612 941 9220 P.04 i ' I . i CITY OF ST. MICHAEL t BY; Mayor t Date: Clerk CITY OF ALBERTVILLE BY: Mayor Date: Clark STATE OF MINNESOTA) sq. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before a this — day of , 1993, by Earl Bauman and Bauman, husband and Wife. t • i Notary Public HOFF & ALLEN. P- A- 612 941 91Lw I STATE OF _ ) ss. COUNTY OF ) The foregoing instrument was acknowledged before�me this — dayof , 1993, by • Chairman, of the Hanover, Frankfort, St. Michael l-bartville Water & Sanitary Sewer Board, a Minnesota municipal joint powers entity, on behalf of said joint powers entity. DRAFTED BY! HOFF & ALLEN Suite 0260 7901 Flying Cloud Drive Eden Prairie, HN 55344 (612) 941-9220 Notary HOFF & ALLEN. P.A. 612 941 9220 P. 06 CONSENT , which has a i on the Parcel described in the foregoing Easement, (firms and consents to the provisions thereof and agrees to be and by the provisions as the same may apply to that portion of th Parcel in which it has said interest. Dated this day of , 1992. By: Its: By: Its: STATE OF � sa. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , by , the _ Of a corporation, on behalf of the corporation. ` Notary EXHIBIT A (Legal Description of Bauman Property) That part of the Southwest Quarter of the Northwest Quarter of Section 12, Township 120, Range 24, Wright County, Minnesota described as follows: Beginning at the Southwest corner of said North 15 acres of the Southwest Quarter of the Northwest Quarter; thence East 778 feet; thence at a right angle North 165 feet; thence at a right angle, West 778 feet; thence at a right angle 165 feet South to the point of beginning. Except that part platted as Terrace Hills and Terrace Hills Second Addition, according to said plats on file and of record in the office of the County Recorder, Wright County, Minnesota. oo&aso6.ae HOFF & ALLEN. P.A. 612 941 9220 P.es EXHIBIT B (Legal Description of Easement Premises) That part of the Southwest Quarter of the Northwest Quarter of Section 12, Township 120, Range 24, Wright County, Minnesota, described as follows: Commencing at the Southwest corner of Lot 3, Block 3, Terrace Hills Second Addition, according to said plat on file and of record in the office of the County Recorder, Wright County, Minnesota; thence South along the Easterly right-of-way line of Terrace Place as dedicated in said plat, a distance of 17.03 feet, to the intersection with a line parallel with and distant 165.00 feet North of the South line of the North 15 acres of said Southwest Quarter of the Northwest Quarter, to the point of beginning; thence Fast, along said parallel line a distance of 167.38 feet; thence South, deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 165.00 feet to said South line of the North 15 acres; thence West, along said South line of the North 15 acres a distance of 33.00 feet; thence North deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 140.00 feet; thence West parallel with said South line of the North 15 acres a distance of 13.92 feet; thence Westerly a distance of 116.46 feet along a tangential curve, concave to the South, having a radius of 881.47 feet and a central angle of 7 degrees 34 minutes 11 seconds, to the intersection of the Southerly right-of-way line of Terrace Road, as dedicated in said plat, with said Easterly right-of-way line of Terrace Place; said curve being the Easterly extension of said Southerly right-of-way line of Terrace Road; thence Northerly along said Easterly right-of-way of Terrace Place a distance of 32.97 feet to the point of beginning. HOFF & ALLEN. P.A. 612 941 92:;!0 P.09 �i 1 THIS AGREEMENT isImade this day of 1993, between Earl Bauman and Baum and wife, (hereinafter referred to as "Bauman") and t Frankfort, St.Michael & Albertville Water & Sanitary S a Minnesota municipal joint powers entity (hereinafter as "the Board"). nuspana Hanover, ax Board, £erred to Wi FIMS, the Board is in the process of building a ater tower on property adjacent to the Baumanst property; and, WHEREAS, there currently exists an access easementl across the Baumans' property (hereinafter referred to as the "O1dlEasement") which is legally described on Exhibit A attached ereto and incorporated herein; and, WHEREAS, the Board wishes to obtain a new permans t easement for access and utility purposes which would better serve the Board's purposes with respect to the water tower; and, WHEREAS, the Bauman have granted to the Board a new permanent easement for access and utility purposes (hereinafter eferred to as the "New Easement"); and, WHEREAS, said New Easement was granted with the un erstanding that the Board will undertake the actions set forth h rein. NOW, THEREFORE, for good and valuable consider tion, the receipt of which the parties hereby acknowledge, it i, agreed as follows: 1. As consideration for the New Easement, Grantei shall: a) upon completion of the New Easement, vacate the Old Easement; b) pay for the installation of class 5, bituminous pavement, and concrete curb and gutter fo the New Easement; I c) pay for the installation of a sewer main along the north -south portion of the New Easement, if deemed necessary by the Board f ss EEnginear:i ,Ke, Le�• HOFF & ALLEN. P.A. 612 941 92fO 3, -8: This Agreement contains the entire understanding of the parties. It may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, m(Alfication, extension, or discharge is sought. IN WITNESS WHBRBOP, the parties have executed thi Agreement on the day and year first above written. Earl Bauman Bauman THE HANOVER, FRANKFORT, ST. ALBERTVILLE WATER & SANITARY i APPROVED BY: i i CITY OF HANOVER i BY: j Mayor i i i Clerk ; TOWNSHIP OF FRANKFORT i ' BY: Chairman Clerk i 2 Date: Date: EL, & BOARD HOFF & ALLEN, P.A. 612 941 9220 P.11 CITY OF ST. MICHAEL 'RV! Mayor Date: Clerk CITY OF ALBERTVILLE Avt Mayor Date: i• Clerk STATE OF MINNESOTA) ) ss . COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this _ day of 1993, by Earl Bauman and I Bauman, husband and wife. Notary Public STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before ! e this day of , 1993, by , Chairman, of the Hanover, Frankfort, St. Michael & �lbsrtvilla Water & Sanitary Sewer Board, a Minnesota municipal joint powers entity, on behalf of said joint powers entity. I Notary Public 3 XHIB q (Legal Description of Easement Premises) decL A strip of land 33.00 feet in width, over that part of the Southwest Quarter of the Northwest Quarter of Section 12, township 120, Range 24, Wright County, Minnesota, the centerline of which is described as follows: - Commencing at the Southwest corner of Lot 3, Block 3, Terrace Hills Second Addition, according to said plat on file and of record in the office of the County Recorder, Wright County, Minnesota; thence South 06 degrees 58 minutes 11 seconds East, on an assumed bearing along the Easterly right away line of Terrace Place as dedicated in said plat, a distance of 50.00 feet to the beginning of said centerline to be hereinafter described; thence South 43 degrees 43 minutes 06 seconds East a distance of 184.94 feet to the intersection with the South line of the North 15.00 acres of said Southwest Quarter of the Northwest Quarter and there terminating. Said strip of land is to extend by its full width from the Southerly line of Terrace Road, as dedicated in said plat and said Easterly line of Terrace Place to said South line of the North 15 acres of the Southwest Quarter of the Northwest Quarter. oo6-05M.oa 33 33 3 3 25 23 1 2 H h =4 4 v I 110R11 LK Or tK SOM 146 /'MT ' OF K IIMTW 15 ACN3 Or RE SL 1/4 OF im IL*. 1/4 OF 32CU 1 12 'oeo / 3LS7 r Imm-44 E ROM �O W U I 1 h 1 2 >1ou111 Low Cr ec 0"m 1s 0a13 Cr 1K iL 1/4 Or 11-i KL 1/4 or SECT M 12 Design —Checked Sl Dranrn MF Date3 24 93 Book — Page — Sec. 12 T. 120 R. 24 Job No_ 745-009.53 3 Q� O� 3 r0 SL =Nmm LOT 3. S= 3 e - oT3;'ty R �s1.47 13. L - tts.W l4 33 S BAUMAN PROPERTY s 1 IV -1 33 4� WATER T01NEFt EXH1B(T jw FOR POWERS t,, HGF ESS, E f ESS AM L LfTY EA,%3AEW BOARD CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA PARK AND RIDE PERMIT The CITY OF ALBERTVILLE, NMgi SOTA, ACTING BY AND THROUGH ITS CITY COUNCIL, hereinafter referred to as the "CITY", grants to the MINNESOTA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "Mn/DOT", a permit to construct and cooperatively maintain and operate a public park and ride site within the City limits of Albertville as shown in red on Exhibit "A", which is attached and incorporated as part of this permit. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. This permit is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the City's right-of-way. 2. The completed lot shall be used exclusively as a park and ride facility for commuters until December 31, 2002. Termination or change in use prior to that time shall be mutually agreed upon by each party in this agreement and shall be subject to the Quit Claim Deed granted by Wright County on May 6, 1993. 3. The construction of the parking lot will be done by Mn/DOT with no expense to the City. 4. Mn/DOT shall maintain the lot surface and provide pavement markings during the term of this agreement. signs. 5. Mn/DOT will furnish and install any necessary guide, site and regulatory Page 1 of 2 6. The City shall provide lighting that illuminates the parking area during darkness hours. 7. The City shall remove and dispose of snow during the winter months. 8. The City shall provide surveillance and security as required to maintain the desired purpose of the park and ride facility. 9. No advertising devices in any form or size shall be constructed, placed or permitted to be constructed or placed upon the park and ride site. 10. This permit does not release Mn/DOT from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agencies relating thereto. Any necessary permits relating thereto shall be obtained by Mn/DOT. Access design shall be approved by the Wright County Engineer. CITY OF ALBERTVII.LE MINNESOTA DEPARTMENT OF TRANSPORTATION By: Mayor Date: By: City Clerk By: BL: cas 6-23-93 RECOMMENDED FOR APPROVAL By: District Maintenance Engineer Date: APPROVED: COMMISSIONER OF TRANSPORTATION DEPT. OF TRANSPORTATION BLDG. ST. PAUL, MINNESOTA 55155 By: District Engineer Date: Page 2 of 2