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1994-07-18 CC Agenda/Packet• ALBERTVILLE CITY COUNCIL AGENDA July 18, 1994 7:30 pm I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS *Attached List IV. APPROVAL OF THE MINUTES *July 5, 1994 - Regular Meeting 7:45 pm V. COMMUNITY FORUM : 10 Minute Limit !Cent Roessler: Becker Property 7:55 pm VI. DEPARTMENT BUSINESS A.'ENGINEERING *Reduction in LOC for Psyk's 5th Addition *Change Order 1-> 1993-1 IP (Hardwood Pond 2nd Add'n) *Change Order 2-> 1993-1 IP (Hardwood Pond 2nd Add'n) *Change Order 1-> 1993-2 IP (Westwind 3rd Addition) *Resolution 1994-9 for accepting BID Feasibility Study -Ron Geurts: 50 St Drainage/60 St Improvement Project Is -Bernie Marx: Amend MLDCO Final Plat 8:30 pm B. LEGAL -SEH Contract (Pete Carlson) -Developer's Agreement - Psyk's 6th Addition 9:00 pm C. ADMINISTRATION #Financial Statement (June 30-July 12) *Approve Bills (Check Ws 8615-8655) *Approve Non -Intoxicating Malt Liquor License for Albertville Jaycees for Sunday, July 24, 1994 *Thank you letter to RCM *Resolution 1994-9 for accepting BID Feasibility Study -Name Albertville members to committee to deal with Albertville/Otsego joint concerns 9:30 pm VII. ADJOURN 0 PCOMING MEETINGS/IMPORTANT DATES July 20, 1994: BID Property Owner Meeting 10:00am July 21, 1994: Park Board 7:00pm July 26, 1994: Planning and Zoning Commission 7:30pm August 1, 1994: City Council Meeting 7:30pm August 8, 1994: EDA 7:30pm ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS July 18, 1994 *Financial Statement (June 30-July 12) *Minutes of July 5, 1994 - Regular City Council Meeting *Approve Bills (Check 4's 9615-8655) *Approve Non -Intoxicating Malt Liquor License for Albertville Jaycees for Sunday, July 24, 1994 *Change Order 1-> 1993-1 IP (Hardwood Pond 2nd Add'n) *Change Order 2-> 1993-1 IP (Hardwood Pond 2nd Add'n) *Change Order 1-> 1993-2 IP (Westwind 3rd Addition) *Reduction in LOC for Psyk's 5th Addition *Thank you letter to RCM • • f1 ALBERTVILLE CITY COUNCIL July 18, 1_994 Albertville City Hall 7:30 PM PRESENT: Mayer Mike Potter, Councilmembers Sharon Anderson, Duane Berning, Albert Barthel and John vetsch, City Clerk Linda Houghton, City Administrator Dale Powers, City Engineer Pete Carlson, City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following items under Administration: - Discussion on Forms of Government meeting - Set meeting with maintenance personnel - Discussion of infiltration concerns at wastewater treatment facility - MNDOT Transportation Study Resolution #1994-9 accepting the Feasibility Study for Barthel Industrial Drive and 52nd Street improvements was removed from the agenda. Anderson made a motion to approve the agenda as amended. Berning seconded the motion. All voted aye. Barthel made a motion to approve the Follow -Up Sheet from the July 5th meeting as presented. Anderson seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the July 5, 1994, regular meeting as presented. Anderson seconded the motion. All voted aye. Kent Roesller explained to the Council that he has petitioned the Municipal Board to attach an 80-acre parcel now located in the City of Otsego to the City of Albertville. Roessler further explained that he is purchasing the property for development and he needs municipal services to the area. A hearing before the Municipal Board has been set for the last week in July. Linda was directed to contact Norm Gartner regarding the castings on the manholes in two areas of the Parkside Addition which allowed ground water to enter the wastewater treatment plant. Barthel made a motion to reduce the Doug Psyk's letter of credit for Psyk's 5th Addition to $1,000, as recommended by Engineer Norm Gartner in his letter dated July 14, 1994. Anderson seconded the motion. All voted aye. ^ Barthel made a motion to approve Change Order #1 for the Hardwood Ponds 2nd Addition to install geotextile fabric on the subgrade and an additional three inches of aggregate base, Class ALBERTVILLE CITY COUNCIL July 18, 1994 Page 2 of 5 5. Change Order #1 increases the contract price of the 1993-1 Improvement Project $12,287.50. Anderson seconded the motion. All voted aye. Barthel made a motion to approve Change Order #2 for the Hardwood Ponds 2nd Addition to seed and mulch the boulevard area to control erosion until the project is entirely developed. Change Order #2 increases the contract price of the 1993-1 Improvement Project by $950.00. Anderson seconded the motion. All voted aye. Barthel made a motion to approve Change order #1 for the Westwind 3rd Addition to install geotextile fabric on the right turn lane. Change Order_ #1 increases the contract price of the 1993-2 Improvement Project $1,303.80. Anderson seconded the motion. All voted aye. Ron Guerts explained to the Council that the Ron Becker drainage problem has evolved beyond the limits of the 50th Street project and needG to be addressed and corrected. Guerts recommended that the Council consider the problem as a general storm water drainage issue. The Council decided to have City Engineer Pete Carlson look into the problem. Guerts also explained that the turn lane into the Barthel Commercial Park has not yet been approved by Wright County and recommended that the letter of credit for the project not be released until the County approves the turn lane. The Council delayed discussion of the amendment to the MLDCO 1st Addition plat until the attorney arrives. Due to the absence of the attorney, Mayor Potter proceeded to the Administration portion of the agenda. Barthel made a motion to approve the Financial Statement for the period June 30 - July 12 as presented. Anderson seconded the motion. All voted aye. Barthel made a motion to approve payment of Check #'s 861 5- 8655 as presented. Anderson seconded the motion. All voted aye. Barthel made a motion to approve a Non-Tn.toxicating Liquor License for the Albertville 7aycees on July 24, 1994, from 12:00 noon to 9:00 PM. Anderson seconded the motion. All voted aye. Barthel made a motion to approve the Thank -You letter to RCM, Tnc.. as presented. Anderson seconded the motion. All voted aye. Potter made a motion to appoint himself and Councilmember Anderson to a committee to meet with an Otsego Committee to discuss ALBERTVILLE CITY COUNCIL July 18, 1994 Page 3 of 5 joint concerns. C,DK-ncilmember Barthel will serve as the alternate member. Barthel seconded the motion. All voted aye. Anderson made a motion to set a 1995 budget review meeting for Wednesday; Aizgust 3rd, at 7:00 PM. Vetsch seconded the motion. All voted aye. Thf7 Council di -cussed conducting a referendum vote at the November election for a new fire building once the Fire Building Committee has final numbers on the structure. Anderson made a motion to set a meeting with the maintenance personnel on Wednesday, July 27, at 6:30 PM. Berning seconded the motion. All voted aye. The Council discussed the memo from Ken Lindsay describing the infiltration occurring at the wastewater treatment plant. Ken has suggested the Council consider having some smoke testing of the sewer mains done to isolate the areas where the most infiltration is occurring. The Council directed Pete to meet with Ken to determine how hest to proceed with isolating the infiltration areas. Since Attorney Couri was still not present, Mayor Potter called a recess of the meeting at 8:40 PM. Mayor Potter reconvened the meeting at 9:00 PM. Attorney Couri reviewed the Municipal Engineering Services contact. with '1-ort Elliott Hendrickson, Inc. LSFH). TherA is no significant changes in the rate structures from the RCM contract. Couri painted out that Paragraph 5.4.2 allows the City to continue with Pete Carlson in the event he leaves SEH. Paragraph 5.6.4 allows the City to retain other engineers on a project basis by giving SEH advance notification. Berning made a motion to approve the Municipal Engineering Services contract with SEH. Anderson seconded the motion. All voted aye. Couri reviewed the Developer's Agreement for Psyk's 6th Addition. A letter of credit in the amount of $32,961 will be required of the developer to cover 25% of the Municipal Improvements and the Site Improvements. The City must decide how to handle the park dedication requirements for this development. Only a small portion of land was dedicated as park area in the 5th Addition, and the developer agreed to pay additional cash or more land, at the City's preference when future development occurred. Since approval of Psyk's 6th Addition preliminary plat approval, the park dedication fee has been increased from $170 per lot to $500 per lot. Because of the time of the preliminary plat approval, the Council may wish to address the amount per lot the ALBERTVILLE CITY COUNCIL July 18, 1994 Page 4 of 5 developer will be required to pay. If the City wishes to acquire more land for a park, Couri recommended that the Park Board be directed to begin working with the Developer to determine where such a park should be located and how large the park will be. In order to expedite approval of the Developer's Agreement, Couri recommended that the $500 per lot amount be listed in the agreement, pending a decision by the Park Board to acquire land instead of cash or a decision by the Council to lower the park dedication fee per lot to the previous amount. Couri also reviewed with the Council the language in Paragraph 2 (e) detailing the escrow amount to be established for future storm Newer lines when the Marx property is developed. Bob Robertson of. RCM, Inc. estimates costs of installing a storm sewer in the area to he $�20,000 and recommends a 25% contingency re included. Since Psyk will be responsible for approximately 5 % of the storm sewer, R0-.l-�er.tson 1-< commends the developer provide the City with a $13,750 escrow amount. These funds will be invested in an interest bearing account to be used exclusively in the storm ;ewer installation. -- Vetsch made a motion to approve the Developer's Agreement for Psyk's 6th Addition, subject to engineering review and language changes concerning park dedication fees as recommended by Attorney Couri. Anderson seconded the motion. All voted aye. Bernie Marx requested that the final plat for MLDCO 1st Addition be amended to delete the beehive located at the northerly border of the plat. Marx's attorney Ken Holker explained that there are several options the Council could consider and prioritized the Marx's preference as follows: (1) The City installs the beehive, and if it is necessary to drain bordering lots, assess those costs to the benefitting properties. (2) Grant the Marx a 30-day extension to install the beehive. (3) Allow Marx to resubmit the plat with a revised drainage plan. The Council agreed to have Pete Carlson review the plat and visit the site as soon as possible. Depending on his recommendation, the beehive will be installed either by the developer or the City. Kerning made a motion. to grant a 30-day time extension to Mary for the installation of the beehive and to have Pete Carlson review the ML.DCG 1st Addition plat to determine if there is a feasible alternative to the beehive. Barthel seconded the motion. All ^ voted aye. ALBERTVILLE CITY COUNCIL July 18, 1.994 Page 5 of 5 Barthel made a motion to extend the temporary Certificate of Occupancy for the Veches Construction home located in the MLDCO Ist Addition. Vetsch seconded the motion. All voted aye. The meeting was adjourned at 10:?0 PM. Michael Potter, Mayor Linda Houghton, Clerk CITY OF ALBERTVILLE FOLLOW UP SHEET July 5, 1994 DATE ACTION TO BE TAKEN PERSON 6/20 Install "No Parking on This Side of Street" on Maint. Complete 58th Street Dept. 7/5 Consider acceptance of Feasibility Study for the Cxrcil Agenda Barthel Industrial Drive and 52nd Street improvements 7/5 Prepare Developer's Agreement for Psyk's 6th Couri Agenda Addition MEYER-ROHLIN, INC. C7 ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn. 55313 Phone 612 - 682 -1781 17 July 14, 1994 City of Albertville c/o Linda Houghton, Clerk PO Box 131 Albertville, MN 55301 RE: Psyk's Fifth Addition Albertville, Ili Dear Ms. Houghton: The contractor for the above -referenced project has basically completed the construction called for by the projects Plans and Specifications. We therefore recommend that the developer's letter of credit be reduced to $1000 and said amount be held until the final payment is issued to the contractor by the City of Albertville. If you should have any questions, please feel free to contact me. Sincerely, METER-ROHLIN, INC. Norman Gartner Professional Engineer cc: E-9201-G Mr. Doug Psyk Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1171 Hwy. 25 N., Buffalo, IU,inn.55313 Phone 612- 682-1781 CHANGE ORDER TO: Randy Kramer Excavating, Inc. NAME OF JOB: 1993-2 Improvement Project Westwind Third Addition OWNER: City of Albertville Change Order No. 1 Date June 20, 1994 Job No. E-9101-L The cost of the following changes in your contract on the above Tamed project is requested. Please complete this form and return to the Engineer's office on or before June 27, 1994 3R.EPuDOWN OF CHANGE COSTS PRESENT TOTAL CONTRACT PRICE COST FOR ITEM NO. 1 ITEM NO. 2 ITEM NO. 3 ITEM NO. 4 ITEM NO. 5 ITEM NO. 6 ADD $ 1303.80 $ 86,693.20 DEDUCT TOTAL ADD S 1303.80 DEDUCT $ NEW TOTAL CONTRACT PRICE $ 87,997.00 Date �Irq Contractor Randy Krame,Excavating, Inc. By L�Fa- APPROVED: M=ER-ROHLIN, INC. BY Date APPROVED: OWNER City of Albertville BY Date DESCRIPTION OF CHANGES This Charge Order is to add gectextile fabric on the right turn lane and entrance prior to placement of the aggregate base. The stability and density of the subgrade is approaching the levels required by the Specifications prior to placement of the aggregate base. However, it is also being impacted by the wet conditions located below the subgrade level. The geotextile fabric is therefore being provided in order to bridge the unstable areas which may remain and thus insure that the aggregate base functions properly. The estimated cost of this Change Order is as follows: Geotextile fabric: 1060 sy @ $1.23/sy = $1303.80 - It should be noted that the final cost of the geotextile fabric shall be based upon the measured quantity of geotextile fabric installed. End of Addendum No. 1 MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612 - 682-1781 CHANGE ORDER Change Order No. 2 Date 7/11/94 TO: Annandale Contracting, Inc. Job No. E-9301-B NAME OF JOB: 1993-1 Improvement Project (Utilities and Street Improvement, Hardwood Pond 2nd Addition) OWNER: City of albertville The cost of the following chances in your contract on the above named project is requested. Please complete this form and return to the Engineer's office on or before July 18. 1994 BREAKDOWN OF CHANGE COSTS PRESENT TOTAL CONTRACT PRICE . $ 192,267.90 COST FOR ITEM NO. 1 ITEM NO. 2 ITEM NO. 3 ITEM NO. 4 ITEM NO. 5 ITEM NO. 6 ADD $ 950.00 $ TOTAL ADD $ 950.00 DEDUCT $ DEDUCT NEW TOTAL CONTRACT PRICE . . $ 193,217.90 Date �vr �y J Contractor Annan, le Contracting, Inc. By APPROVED: MEYER-ROHLIN, INC. BY Dates APPROVED: OWNER City of Albertville BY Date DESCRIPTION OF CHANGES This Change Order is to seed and mulch the boulevard area in order to control erosion until the project is entirely developed. The estimated cost of this work is as follows: 1. Seeding with MnDOT seed mixture #500, mulching with type 1 mulch, and disc anchoring lump sum = $950.00 END OF ADDENDUM NO. 2 MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612 - 682-1781 CHANGE ORDER TO: Annandale Contracting, Inc. Change Order No. Date 6/23/94 Job No. E-9301-B NAME OF JOB: 1993-1 Improvement Project, (Utilities and Street Improvement, Hardwood Pond 2nd Addition) OWNER: City of Albertville, MN The cost of the following changes in your contract on the above named project is recuested. Please complete this form and return to the Engineer's office on or before June 28, 1994 BREAKDOWN OF CHANGE COSTS PRESENT TOTAL CONTRACT PRICE . $ 179,980.40 COST FOR ITEM NO. 1 ITEM NO. 2 ITEM NO. 3 ITEM NO. 4 ITEM NO. 5 ITEM NO. 6 ADD $ 12.287.50 DEDUCT TOTAL ADD $ 12,287.50 DEDUCT $ NEW TOTAL CONTRACT PRICE . . $ 192,267.90 Date 7-4 - % Contractor Anna ale Contra ting, Inc. By APPROVED: MEYER-ROHLIN, INCH C� BY i�/i��l7 /; Date APPROVED: OWNER City of Albertville kl BY Date DESCRIPTION OF CHANGES During recent weeks this project has been plagued by heavy rains. The soils within the development have become wet and, with the trees shading the roads and blocking the drying winds, it is doubtful that the roads will be able to dry sufficiently. All utilities were installed in the fall of 1993 and thus the trenches should be stable. Therefore, in order to continue with the project it is recommended that a geotextile fabric be installed on the subgrade and an additional 3 inches of aggregate base, Class 5, be installed in order to bridge the softer subgrade soils. All work described above has been discussed with Mr. Bob Braun and received his verbal concurrence to proceed. The estimated cost of this work is as follows: 1. Geotextile fabric, type V 7150 sy @ $0.85/sy = $6077.50 2. Aggregate base placed, Class 5 600 cy @ $10.35/cy = $6210.00 TOTAL CHANGE ORDER No. 1 = $12�287_50 The quantities listed above are estimates on the conservative side. It is anticipated that the actual quantities installed will be less than those indicated. End of Addendum No. 1 MEYER-KOHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612- 682-1781 July 14, 1994 Albertville City Council c/o Dale Powers, Administrator PO Box 131 Albertville, MN 55301 RE: Barthel 2nd Addition Drainage Albertville, MN Honorable Mayor and City Council: During the evening of July 7, 1994, I was able to witness the effect of a 2" rainfall event on the above -referenced area. The drainage swale that is currently located between the Barthel 2nd Addition and Ron Becker's property is incapable of handling the runoff from a larger rainfall event. The swale was originally constructed to drain water from 50th Street. However, given the surrounding watershed areas and drainage patterns, a larger scale solution is needed. This problem has evolved beyond the limits of the 50th Street street improvement project. It existed prior to the beginning of 50th Street construction and should be considered as a general storm water drainage issue. In summary, the existing conditions are unsatisfactory and will require a more extensive and permanent solution. Meyer-Rohlin, Inc. is prepared to investigate the matter further and propose several lasting solutions. If you have any questions or comments, do not hesitate to call me. Sincerely, MEYER-ROHLIN, INC. Ronald Geurts Engineer cc: files 94GEN & E-9001-J Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor DEVELOPER'S AGREEMENT Psyk's Sixth Addition DRAFT THIS AGREEMENT, entered into this day of , 1994 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 Sixth 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 Sixth 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 (hereafter "Municipal Improvements") be installed to serve the Subject Property to be financed by Developer independent of the City; 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 ponds, and other site -related items, and which improvements to the Subject Property shall be referred to herein as "Site Improvements"; 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. construction and Installation of Municipal Improvements. A. The Developer shall construct all of the Municipal Improvements as detailed in the Plans and Specifications for Psyk's Sixth Addition, as prepared by Meyer-Rohlin, Inc., and as on file with the City Clerk of the City of Albertville, said improvements to include installation of water mains, sanitary and storm sewers, curb and gutter, and streets. All such improvements shall be constructed according to the standards required by the City Engineer, and the City Engineer shall inspect the project on regular basis. Said improvements shall be installed by September 30, 1995 at the sole expense of the Developer. B. The Developer warrants to the City for a period of two years from the date the City accepts the improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. C. Prior to the commencement of construction, 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 an abstract company registered under the laws of the State of Minnesota. D. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements. E. The City shall allow the Developer to leave a portion of the street abutting Lot 1 of Block 1 and Lot 1 of Block 2 unfinished until the property immediately to the north of Said Plat develops. Said unfinished portion of street shall not exceed 10 linear feet in length as measured from the north border of Said Plat. Developer acknowledges that it shall be responsible for completing said street, sanitary sewer and water mains to the northerly line of Said Plat, at Developer's own expense, at such time as the property immediately to the north of Said Plat is platted and the streets and sewers are installed on said land. Developer agrees that a portion of its surety shall remain with the City until the unfinished portion of the street is installed. 2 2. Site Improvements. All site improvements required under this Agreement shall be installed at Developer's sole expense: A. Developer shall perform all Site Improvements including installation of boulevards, boulevard and yard 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 street cleanup during project development, in conformance with City ordinances and generally as shown on attached Exhibit "B". B. Prior to grading Said Plat, Developer shall install the erosion control measures as detailed on Exhibit "C". C. Developer shall install silt fencing in back of all curbing within 10 days after said curbing is installed. Developer shall be allowed to substitute hay bales for a 12-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 12-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. D. Developer shall install two storm water retention ponds upon this plat as follows: i. Developer shall install a permanent retention pond immediately west of lots 4, 5, and 6 of Block 3, said retention pond to be installed in conformance with the specifications shown on Exhibit C. Said pond shall not be dedicated to the City, but Developer will provide the City with perpetual drainage easements over such pond. Said retention pond shall be installed prior to the installation of streets or utilities. Developer shall record restrictions and covenants on all lots which border said retention pond. Said restrictions and covenants shall be in a form acceptable to the City attorney, shall require all landowners abutting said pond to maintain the pond, and shall allow the City to maintain said pond and assess the costs of maintenance back to the abutting landowners without objection in the event the abutting landowners do not maintain said pond. ii. Developer shall install a temporary retention pond upon Lot 1, Block 1 (along with all necessary piping and drainage) which shall receive all storm water drainage from the proposed streets (where 3 such storm water drains to the north). Said pond shall be built according to the specifications of , and shall remain as a retention pond until such time as the property abutting Said Plat on the north is developed (the Marx property) and permanent storm sewers are installed on the Marx property in a manner that will accommodate the drainage from Said Plat. Upon the installation of such permanent sewers on the Marx property, Developer shall be allowed to fill the retention pond on Lot 1, Block 1 and develop said lot as a residential property, but only after complying with subparagraph 2 (D)(iii) below. At no time shall the retention pond on Lot 1, Block 1 be dedicated to the City, and Developer shall maintain ownership and control over said lot at all times while said lot contains the retention pond. Said retention pond shall be installed when Said Plat is graded. iii. At such time as the Marx property referred to above is platted, Developer shall, at its own expense, install such storm drainage piping and related structures on Said Plat as is necessary to connect the storm drainage system from Said Plat to the storm drainage system to be installed on the Marx property. Developer shall install said piping and related structures within 60 days of the installation of a storm drainage system on the Marx property. E. Developer agrees to deposit with the City cash in the amount of $ to pay the portion of the estimated cost of installing the storm drainage infrastructure (referred to in paragraph 2 (D) (ii) above) necessary to carry the storm water from Said Plat to the wetland/pond currently existing on the Marx property. The estimated dollar amount is based upon the calculations contained in a letter from Meyer-Rohlin, Inc. on file at the City and dated . The City shall retain said funds in an interest bearing account, with said funds to be used solely for the purposes set forth in this subparagraph. F. 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; 4 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. G. Unless otherwise specified in this agreement, all Site Improvements shall be constructed to the City's satisfaction on or before June 30, 1997. H. 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. 3. Surety. A. Developer will provide the City with cash or an irrevocable letter of credit as security that the obligations of the Developer under this contract shall be performed. Said letter of credit must meet the approval of the City attorney as to form and issuing bank. Said letter of credit shall be in the amount of $32,961.00, representing the sum of 25% of the estimated construction and engineering costs for the installation of the Municipal Improvements ($112,844.00), plus 25% of the estimated cost of installing the Site Improvements ($19,000.00). B. The City may draw on said letter of credit to complete work not performed by Developer, to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this agreement, or to otherwise fulfill the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and E 4. 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. D. Developer hereby agrees to allow the City to assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit prove insufficient or should Developer fail to maintain said letter of credit in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes. E. That portion of said cash, irrevocable letter of credit, or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. 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 Municipal Improvements (described in Exhibit B) and Site Improvements (listed in section five above) as A 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. B. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 5. 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 Said Plat. 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. 6. 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. Should the Developer fail to pay said costs within 30 days of request by the City, the City may reimburse itself from the Developer's letter of credit and/or may assess said costs against the Subject Property. 7 7. 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 three above. B. All erosion control measures recommended by the City Engineer shall be strictly complied with as set forth in Exhibit "C", which is hereto attached and herein incorporated by reference. C. Developer shall cause, to be constructed upon the Southerly portion of Said Plat a retention/siltation pond or ponds for run off from Said Plat. Said pond shall conform with all requirements set forth by the City as shown in Exhibit "C" attached hereto and herein incorporated by reference. Developer shall comply with all specifications and 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 (except for the drainage that will flow into the drainage pond required in paragraph 2(D)(ii) above), 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. All such installation and cleaning shall be at Developer's sole expense. 8. 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, 8 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. 9. 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. 10. Miscellaneous. A. Developer agrees that all construction items required under this agreement are items for which Developer 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, their 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 a specific exception is approved by the City. 0 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. All municipal 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. 11. Draw on Expiring Letter of Credit. In the event a surety or other form of guarantee referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or completed, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the expiring letter of credit. If a new letter of credit is not received as required above, the City may declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. Such irrevocable letter of credit must contain a provision requiring the issuer of the letter of credit to notify the City within sixty (60) days prior to the expiration of said irrevocable letter of credit. The form of said irrevocable letter of credit shall be approved by the City Attorney prior to its issuance. 12. 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 10 13. deposited escrow funds, irrevocable letter of credit or other surety funds to complete the Developer's Municipal Improvements and 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 12 shall not apply to any acts or rights of the City under paragraph 11 above, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. C. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. Dedication of Land to City. A. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all roads, road right of ways, sewers and water mains to the City. Prior to dedication, Developer shall provide "As-Builts" of all ponds, sewers and roads. 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 within said Plat shall cease upon dedication and acceptance by the City. B. 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 (in the amount of $ per lot, if said dedication is in the form of cash) 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. Developer also acknowledges that the park dedication fees 11 and/or land are still due the City from the platting of Psyk's Fifth Addition, and this agreement shall affect Developer's park dedication requirements due from Psyk's Fifth Addition. 14. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve preliminary or 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. 15. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and/or third parties for damages sustained or costs incurred resulting from plat approval and/or development of Said Plat. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 16. 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. 17. Attorneys 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. 18. 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 12 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 19. Agreement Effect. This agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk DEVELOPER, Douglas P. Psyk Individually Beatrice E. Psyk Individually PSYK DEVELOPMENT CORPORATION By: Douglas P. Psyk President By: Beatrice E. Psyk 13 Treasurer/Secretary 14 STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1994, 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. otary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1994, 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 , 1994, by Douglas P. Psyk individually and as President of Psyk Development Corporation. Notary Public 15 STATE OF MINNESOTA COUNTY OF WRIGHT The foregoing day of individually and Corporation. ss. instrument was acknowledged before me this 100A b Beatrice E Ps k as Y Y Secretary/Treasurer of Psyk Development Notary Public 16 Legal Description Site Improvements EXHIBIT A EXHIBIT B EXHIBIT C Erosion Control and Grading Plan 17 CITY OF ALBERTVILLE FINANCIAL STATEMENT June 30 - July 12, 1994 Beginning Cash Balance June 30, 1994 $182,033.88 INCOME (June 30 - July 12) 3.2 License 10.00 Building Permits 8,371.80 Dog License 10.00 Donation - Lions 10,000.00 Donation - Jaycees 1,732.90 Interest Income (June) 413.87 Loan Payment ( Fraser) 585.27 P & Z Requests 2,900.00 Reimbursement 230.00 Sewer/Storm Water 9,420.84 Title Search 30.00 Wr. Co. June Stlmt. 254,711.76 Wr. Co. - TIF Districts 50,418.01 Miscellaneous Income 6.20 TOTAL INCOME 338,820.65 EXPENSES (June 30 - July 12) Check Us 8575-8609 (approved 7/5/94) 23,144.05 Ch #8610 - Community 300.00 Reinvestment Fund Seminar (Linda) Ch #8611 - LMC 95.00 Clerk's Orientation Conference - Dale Ch #8612 - MN Wastewater 95.00 Operators Assoc. - Ken Ch #8613 - MN State Treas. 498.72 (2nd Qtr. Surcharge) PAYROLL PERIOD 6/30 - 7/12 Check # P1106 - Linda 816.71 Check # P1107 - Dale 555.68 Check # P1108 - Ken 881.70 Check # P1109 - Mike 612.50 Check #8614 - PERA 344.29 TOTAL EXPENSES 27,337.65 Ending Cash Balance July 13, 1994 $493,516.88 INVESTMENTS: CD #9066 (Fire Dept) CD #9196 - Alb. Development Corp, matured 7/1/94 CD #9145 (Lions) - matures 7/21/94 @ 2.65% CD #8925 - matures 8/31/94 CD #8579 - matures 9/28/94 CD #8807 - matures 9/28/94 Piper-Jaffray Investments (5/31/94) TOTAL INVESTMENTS 12,562.57 6,954.90 19,711.89 111,182.38 164,389.96 366,931.99 961,451.78 $1,643,185.47 CITY OF ALBERTVILLE BILLS TO BE PAID July 18, 1994 Check No. Vendor Reason Amount 8615 Affordable Sanitation Four Seasons Park 58.58 8616 Albertville Auto Parts Shop Supplies 28.49 8617 Albertville Body & Fender Repair hinge/Pickup 47.78 8618 Albertville Fire Dept. 1/2 Fire Relief 2,887.50 8619 American Nat'l Bank 1988 GO AdvRef/Imp 9,207.50 8620 Babcock, Langbein 1993 Audit Report 4,500.00 8621 Buffalo Bituminous Payment #6/50th St 18,726.38 8622 Central Rivers Barnlime 15.20 8623 Crow River News Publications 348.08 8624 DJ's Rep/Mtn 15.92 293.25 8625 Diversified Inspection 8626 Don's Auto 8627 Emergency Medical Prod. 8628 Eull Concrete 8629 Feed -Rite 8630 First Trust 8631 Gopher State One Call 8632 G. D. LaPlant Sanitation Park Sup. 69.55 Shop Sup. 31.97 C.H. Sup. 16.24 Fire Dept. 31.74 JC Donation 127.83 Inspections 5,565.73 St. 5.70 99.09 WWTF 5.70 Parks 5.72 Fire Dept. 43.98 Repairs 37.99 Ambu-Bag 27.54 Adjustment Rings 14.64 Supplies 38.05 446.05 Testing 408.00 93B Bond 5926.67 20,119.17 93A Bond 14192.50 Locates 35.00 June Service 85.71 8633 League of MN Cities 8634 Machternes Construction 8635 Meyer-Rohlin 8636 Minnegasco 8637 Montgomery Watson 8638 Monticello Animal Control 8639 Northern Hydraulics 8640 NAC, Inc. 8641 Otsego/City of 8642 P.E.R.A. 8643 Pat's 66 8644 Post Office 8645 Randy Kramer Exc. 8646 RCM 8647 Tele-Pro Video 8648 Unlimited Electric 8649 Wr.Co. Highway Dept 8650 Wright Recycling 8651 Chouinard Office Prod. 8652 Houghton, Linda 8653 Meyer-Rohlin 94 Leg. Review Mtg. 25.00 Payment #8 22,228.22 Pysk's 5th WWTF Exp 3824.37 10,273.64 WW3 2287.19 HWP2 3353.72 Bar.Comm 808.35 Service 5.45 Mud Lake/Otsego Cr 115.48 June Service 16.00 Weed Sprayer/Sup 348.78 Rezoning 207.58 207.58 General 14.50 Grading 112.50 155.70 OCA Legal 43.20 Linda's Life Ins. 12.00 Gas 108.35 Postage for meter 300.00 Payment. #.1 - WW3 28,206.26 Parkside 92.50 5,161.81 Psyk's 6th 242.50 General 20.50 Westwind Pk 550.52 BID/52nd 4255.79 Sales Tax Due 1.30 Flag Pole Lights 165.00 Cold Mix 88.44 June 600.00 Cassette tapes 26.33 Mileage to CRF conf. 42.95 Parkside Eng. Serv.11,426.61 8654 NSP WWTF 589.97 1,134.51 Parks 248.60 C.H. 295.94 8655 Powers; Dale Pager Charges 17.20 TOTAL BILLS $143,186.80 APPLICATION FOR NON -INTOXICATING MALT LIGLCR LICENSE The undersign, certifies that it co mplies with the Minnesota Statutes, Section ;;40.001, Subdivisicn 7, in t.-iat it qualifies as a "Bona Fide Club" within that Section, and that this application makes petition for a limited license as a "Bona Fide Club" for a limited non -intoxicating malt liquor license. 1. Name of Applicant: ill-r,i'Irbl,//< - %rwce 2. Name and AddresC= ofPreside/nt and Secretary of '✓ )h �/�t%� ;J\���/ �.��Lam, l4�� (-s CApolicant: rl Jcc Purcose for which funds derived will be used: P �4 A. mate of activities f, � _r w .ich 11C2nSe S. Premises from whlc`` Cn-in CxlCatinCy^ malt liquor Will be discensed on said date: )r' Uu ,( G� curs of operatic-, on t^e date for Wh4C�j llmiteC 1icen se is 7. Numter of previous license ottained this calendar year; z e. Name, address, telephone number -j�nd �s� 4-ion pe�'-son, signing this application: � �ry- held with Qlub // _ ,l .le/0 INCT'c. License fee of $10.00 per day is required to accompany this application. NOTE: Applicant mUst appear in person before the City Council fCr aprrovail of limited license. Si _ j IrZo A p.ica; t (s ) 08/191191 July 18 , 1994 Jerry Denzel, P. E. Client Services Rieke Carroll Muller Associates, Inc. P. 0. Box 139 Minnetonka, MN 55343 Dear Mr. Denzel, We are writing to thank RCM for the engineering services rendered to the City of Albertville. Your firms professional attitude and superior engineering services were greatly appreciated during a most trying situation. We stand eager to give our utmost recommendation should anyone ask. It is truly unfortunate that the singular set of circumstances we face in Albertville led us to another firm. We hope you understand the uniqueness of these circumstances was the cause of our decision, and is not a reflection of the professionalism and expertise of RCM's engineering services. To conclude, we are most appreciative of the services and advice RCM gave the City of Albertville. We would not hesitate to reestablish our professional relationship if our circumstances should change. Most sincerely yours, Mayor Mike Potter Councilmember Sharon Anderson Councilmember Duane Berning Councilmember Albert Barthel Councilmember John Vetch (',: \WC)RDFILE\LETTERS\Rt,r1. LTR.