1995-09-05 CC Agenda/PacketALBERWILLE CITY COUNCIL
AGENDA
September 5, 1995
7:00 PM
7:00 1. CALL TO ORDER/ROLL CALL/ADOPT AGENDA
(Council/Clerk/Council)
7 : 05 2. MINUTES (Council)
a. Regular City Council Meeting - August 7, 1995
b. Joint Council Meeting with Otsego - August 3, 1995
7 :10 3. AUDITING CLAIMS (council)
7:15 4. CITIZEN FORUM - 10 Minute Limit
7 : 2 5 .5. CONSENT AGENDA [*1 (Council)
a.
Financial Statement - August
b.
Accept Pledged Security effective 8/14/95
C.
Follow -Up Sheet as of August 7, 1995
d.
RESOLUTION #1995-41 (ESTABLISHMENT OF COMPENSATORY
TIME)
e.
RESOLUTION #1995-42 (ESTABLISHMENT OF HOURS OF WORK)
• f.
RESOLUTION #1995-43 (ESTABLISHMENT OF SALARY
ADMINSITRATION)
g.
Approve 3.2 Liquor License for Albertville Lionesses
at City Park Shelter on September 15, 1995, from
5:00 PM to midnight
h.
Request to reduce Omann Brothers' Letter of Credit
i.
Schedule Special Meeting on Proposed 1996 Budget &
Tax Levy for September llth at 7:00 PM
j.
Report on Possible Clean Out of a Portion of County
Ditch 9
k.
Approve Revision to Approved Site & Buidling Plan
for Omann Brothers
1.
Letter regarding drainage on Lot 1, Block 1, MLDCO
1st Addition
M.
Uniform Curfew Ordinance - Frankfort Township
Response
n.
Memo from Brian Asleson, Assistant County Attorney
regarding MN Statutes, Section 115A.471 (Public
Entities; Manangement of Solid Waste)
7:30 6. UNFINISHED BUSINESS
a.
Water Tower Lot Sale & Rezoning (Council)
b.
Cigarette License for Sub -Culture - Follow Up (James
Young)
7 : 4 5 7 . NEW
BUSINESS
a.
City
Attorney (Mike Couri)
1)
Fehn Developer's Agreement Approval
2)
Parkside 3rd Addition - Draft Developer's
Agreement
3)
County Highway 19/37 Project - Possible Special
Assessment Process
b.
City
Engineer (Pete Carlson)
1)
Street Pavement Construction Standards
2)
Parkside 2nd Addition - Kahler Drive
Construction
3)
Locust Court/51st Street Drainage
4)
Sanitary Sewer Extension along the frontage
road north of I-94
5)
Marx Properties Drainage
6)
Septic System/Sanitary Sewer - Wilfred Becker
property
7)
Sump Pump Drainage
C.
Parks - Developments (Councilmember Anderson)
1)
Westwind
2)
City Park
3)
Four Seasons Park
d.
Finance (Finance Committee)
1)
Proposed 1996 Budget & Tax Levy
2)
Set Truth -in -Taxation Meeting & Continuation
Date (Proposed 12/11/95 & 12/18/95 at 7:00 PM
at City Hall)
•
3)
Approve 1994 Audit Report & Release Payment to
Babcock, Langbein & Company
e.
Public
Works
1)
Street Light at 62nd Street & Co. Rd. 37
2)
Bids for Cleaning 9000' Sewer Mains - Two Year
Bids
3)
MPCA Annual Evaluation & Planning Report
4)
Recycled Backtop on Pond Road - Cost $3,500
5)
Gate for City Park Parking Lot (Cost $119.00)
f.
Wastewater
Treatment Plant - Operations Contracting
(Mayor Potter & Administrator Hale)
9 :15 8. COUNCIL
REPORTS (Council)
a.
Work
Progress Report - CMIF (Mayor Potter)
b.
Joint
Albertville/Otsego EDA & Municipal Board
Meetings
(Councilmembers Berning & Muyres)
9 : 3 0 9. ADJOURNMENT (Council)
0
ALBERTVILLE CITY COUNCILI
-- September 5, 1995
Albertville City Hall 7:00 PM
PRESENT: Mayor Mike Potter, Councilmembers Sharon Anderson,
Curt Muyres, Duane Berning, and John Vetsch, City Administrator
Garrison Hale, City Clerk -Treasurer Linda Houghton, City Engineer
Pete Carlson and City Attorney Mike Couri
Mayor Potter called the regular meeting of the Albertville
City Council to order.
The agenda was amended as follows:
Item 5h. Moved to New Business - Engineering
Item 7b. Removed from the agenda upon request of applicant
Berning made a motion to approve the agenda as amended. Anderson
seconded the motion. All voted aye.
Vetsch made a motion to approve the minutes of the August 7,
1995, regular Council meeting and the minutes of the August 3,
1995, Joint Council meeting with Otsego. Vetsch seconded the
motion. All voted aye.
Berning made a motion to approve payment of Check #'s 9590
through Check #9623 as presented. Vetsch seconded the motion. All
voted aye.
Mayor Potter asked if anyone present wished to address the
Council under Community Forum.
Dan Paulson addressed the Council regarding problems in the
Parkside Addition with getting the home builder to handle building
issues with the homeowner. Paulson stated he is aware that the
City Council does not involve themselves in disputes between the
homeowner and the builder, but Paulson indicated his reason for
addressing the Council is to make them aware of some of the
problems he and other homeowners are facing. The Council may wish
to consider these concerns when considering other developments by
this developer. The Council told Paulson that the City would keep
any written complaints on the developer/development on file for
future reference.
Richard Faris, owner of Taco Junction, explained that he will
be holding a Grand Opening toward the end of September. A band
will be hired to play outside until 10:00 PM. He would like to get
a beer and wine license for that evening.
Berning made a motion to approve a 3.2 License for Taco
Junction's grand opening during September, contingent upon the
submission of a completed application, proof of liquor liability
insurance, and City Attorney approval. Anderson seconded the
motion. All voted aye.
ALBERTVILLE CITY COUNCIL
September 5, 1995
Page 2 of 7
Faris also requested the Council to consider approving an
annual Wine and Beer License within the City of Albertville.
Currently City ordinances make no provisions for this type of
license. The Council was not opposed to offering this type of
license and directed staff to investigate the ordinance and suggest
possible amendments to allow for a Wine and Beer License.
Janet Berning, representing the CMIF/Albertville 20/20 Senior
Housing Committee, explained that the Committee is interested in
purchasing a piece of property from Clem Marx. However, Marx has
indicated he is unwilling to sell the property until the City has
resolved drainage problems on his property. Berning requested that
the City Council attempt to resolve this issue as soon as possible.
Muyres made a motion to approve the Financial Statement for
August as presented. Vetsch seconded the motion. All voted aye.
Muyres made a motion to accept the pledged securities from
Security Bank Northwest as presented. Vetsch seconded the motion.
All voted aye.
Muyres made a motion to approve the Follow -Up Sheet from the
August 7, 1995, meeting as presented. Vetsch seconded the motion.
Ali voted aye.
Muyres made a motion to adopt RESOLUTION #1995-41 entitled
ESTABLISHMENT OF COMPENSATORY TIME. Vetsch seconded the motion.
All voted aye.
Muyres made a motion to adopt RESOLUTION #1995-42 entitled
ESTABLISHMENT OF WORK HOURS. Vetsch seconded the motion. All
voted aye.
Muyres made a motion to adopt RESOLUTION #1995-43 entitled
ESTABLISHMENT OF SALARY ADMINISTRATION. Vetsch seconded the
motion. All voted aye.
Muyres made a motion to approve a Non- Intoxicating Malt Liquor
License for the Albertville Lionesses at City Park Park Shelter on
September 15, 1995, from 5:00 PM to midnight. Vetsch seconded the
motion. All voted aye.
Muyres made a motion to set a special meeting to consider the
proposed 1996 budget and set the preliminary tax levy for September
11, 1995, at 7:30 PM. Vetsch seconded the motion. All voted aye.
Muyres made a motion to accept the Report on Possible Clean
Out of a Portion of County Ditch 9 as prepared by Kerry Saxton of
the Wright Soil and Water Conservation District. Vetsch seconded
the motion. All voted aye.
ALBERTVILLE CITY COUNCIL
September 5, 1995
^ Page 3 of 7
Muyres made a motion to approve the revision to the approved
site and building plan submitted by Omann Brothers as requested
which shows removal of one gate. Vetsch seconded the motion. All
voted aye.
Muyres made a motion to acknowledge the letter from Michael
Couri to the developer regarding the drainage on Lot 1, Block 1,
MLDCO 1st Addition as directed by Council. Vetsch seconded the
motion. All voted aye.
Muyres made a motion acknowledging Frankfort Township's
response to participating in a Uniform Curfew Ordinance. Vetsch
seconded the motion. All voted aye.
Muyres made a motion accepting the memo from Brian Aslesaon,
Assistant County Attorney regarding MN Statutes, Section 115A.471
(Public Entities; Management of Solid Waste). Vetsch seconded the
motion. All voted aye.
The Council discussed the sale of the water tower lot. City
Attorney Couri recommended that, if the Council chooses to have the
lot designated for a single family home, a deed restriction, rather
than a spot rezoning, would be the easiest means.
Potter made a motion directing the City Attorney to draft a
Deed Restriction clause designating the lot as a single family home
site. Muyres seconded the motion. All voted aye.
The Council next considered how to market the lot. The
consensus of the Council is to list the property with a realtor.
If the Council wants to list the property exclusively, Couri
recommends that the City seek bids from local realtors.
Anderson made a motion to list the water tower site with an
exclusive realtor and to direct staff to secure bids from local
realtors for the Council to consider at the October meeting.
Muyres seconded the motion. All voted aye.
City Attorney Couri reviewed the Fehn PUD Agreement with the
Council, including the minor changes in language clarifying
Paragraph 6. No amount has been determined for the letter of
credit, but the letter of credit will cover the parking lot and
landscaping. Fehn agreed to supply the City with a $10,000 surety
as insurance that the improvements will be made.
The drainage easement referred to in the PUD Agreement will
state that the parties intend to negotiate temporary easement
rights. Couri recommends that the Council negotiate the temporary
easement rights within two to three months.
ALBERTVILLE CITY COUNCIL
September 5, 1995
^ Page 4 of 7
Vetsch made a motion to approve the PUD Agreement with Dennis
and Bertha Fehn as amended. Berning seconded the motion. All
voted aye.
Couri reviewed the draft Developer's Agreement for the
Parkside 3rd Addition. He directed the Council specifically to the
paragraphs dealing with the reimbursement of a portion of the cost
of installation of the sanitary sewer mains. Couri urged the
Council to act upon the trunk sewer changes being considered before
this Developer's Agreement must be completed. The Developer's
Agreement could then be written with specific dollar amounts to be
reimbursed.
Couri also suggested that the Council consider requiring a
letter of credit to cover the warranty period on the street
improvement. The consensus of the Council is to require surety
that extends through the warranty period on all future developments
as a part of the Developer's Agreement.
Couri reviewed the process for assessing City costs on the
County Road 19 & 37 project. He advised the Council against
entering any agreement with Wright County or for the purchase of
right of way properties before the Council conducts a public
hearing.
Muyres made a motion authorizing the City Administrator to
solicit bids for grading the entire MLDCO 1st Addition and to make
a draft upon the developer's letter of credit for the entire cost
of the grading work, if the developer has not completed the
required grading by September 23, 1995. The motion also authorizes
the City Attorney to secure an easement agreement prior to
completion of the grading. Berning seconded the motion. All voted
aye.
City Engineer Pete Carlson discussed upgrading the street
pavement section requirements. Carlson pointed out that there has
been several failures in the bituminous base in some developments
and suggested that by increasing the thickness of the base
bituminous from the current 1 1/2" standard to 2 1/2" of bituminous
base on 12 inches of Class 5 aggregate base. Carlson indicates
that the increased standard would be the minimum standard, but soil
conditions may dictate even more stringent requirements. Vetsch
made a motion to approve the minimum street section requirements as
recommended by the city engineer. Anderson seconded the motion.
All voted aye.
Carlson reviewed his findings concerning the drainage problems
on Locust Court. The problem he found is there is no positive
overflow on the detention pond. Carlson recommends that a 18"
�-. culvert by installed under Barthel Industrial Drive at a depth of
ALBERTVILLE CITY COUNCIL
September 5, 1995
Page 5 of 7
1 1/2' below the basement elevation of the homes on the circle.
The cost of installation would be between $500-$600. This should
prevent homes from being flooded out during a heavy rain.
Potter made a motion directing the city engineer to notify
Frankfort Township of the plan to install the culvert and to
proceed with the installation of the culvert at a not -to -exceed
amount of $700. Vetsch seconded the motion. All voted aye.
Carlson presented a proposed revision to the 1992 Feasibility
Study earlier prepared by Meyer-Rohlin, Inc. for extending sewer
and water to the properties north of the freeway. The revision
would extend an 8" sewer main at an 8'-10' depth. This main would
service Hack's store and extend to the property which is owned by
Phil Morris and may be developed in the future. Carlson estimated
the costs to be $73,850, which would be 100% assessable to
benefitting property owners.
Potter made a motion to adopt RESOLUTION #1995-44 entitled
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT. Vetsch
seconded the motion. All voted aye.
Carlson reviewed his findings on the Marx Property Drainage
question. Within the Marx property there is a large wetland that
has been delineated by the Wright Soil and Water Conservation
District. Within this wetland there is a low area where water
ponds. It appears the pond has increased in area due to failure of
its outlets. Until the property develops, the owners desire to
control the size of this pond. The least expensive solution to
correct the problem is to regrade the ditch to the southeast and
lower the storm sewer pipe at Lander Avenue. The ditch could be
graded to the pond's historical high water elevation, which would
be determined by the Wright Soil and Water Conservation District.
The estimated cost for grading the ditch and lowering the storm
sewer pipe is $4,800.
Muyres made a motion authorizing the administrator to prepare
a cost sharing agreement with the property owner(s) to regrade the
ditch and lower the storm sewer pipe at Lander Avenue which
requires the property owner(s) to pay 500 of the costs. Upon
completion of the cost -sharing agreement, the engineer is
authorized to have the job performed. Anderson seconded the
motion. All voted aye.
Carlson reported that the Becker property will be required to
connect to the sanitary sewer system.
Carlson recommended that the City consider a requirement that
all developments are required to have a drain tile along the rear
lot lines that outlet at a nearby catch basis. Sump pumps in the
ALBERTVILLE CITY COUNCIL
September 5, 1995
Page 6 of 7
new homes then are plumbed directly into the tile line, thereby
reducing, if not eliminating, wet rear yard problems.
Muyres made a motion to adopt the sump pump drainage
requirement in all new developments and to authorize staff to
prepare an ordinance outlining the details. Anderson seconded the
motion. All voted aye.
Based on the recommendation of the City Engineer, Anderson
made a motion to reduce Omann Brothers letter of credit by 80%,
from its current $75,000 amount to $15,000. Vetsch seconded the
motion. All voted aye.
Councilmember Anderson explained a committee has been
established to begin work on the Westwind Park. She requested the
Council authorize expenditures from the Park Dedication Fund to
grade and do preliminary work.
Potter made a motion authorizing Councilmember Anderson and
the committee to proceed with the Westwind Park development and
expending funds not to exceed $45,223 from the Park Dedication
Fund. Vetsch seconded the motion. All voted aye.
Administrator Hale was directed to send a memo to the St.
Michael Park Board regarding an Inter -Community Park System plan.
Muyres made a motion to set the City's Truth in Taxation
hearing on December 11, 1995, at 7:00 PM and the continuation
hearing, if necessary, on December 18, 1995, at 7:00 PM. Berning
seconded the motion. All voted aye.
Muyres made a motion accepting the 1994 Audit Report and
releasing payment for the report to Babcock, Langbein & Company.
The Finance Committee will review the management letter received.
Vetsch seconded the motion. All voted aye.
Berning made a motion to approve the installation of three
poles with 250w h.p.s. cobra style lights and four spans of
overhead conductor from Otsego Road along 62nd Street to Co. Rd.
37. Street lights will be installed at Co. Rd. 37 and 62nd Street,
at the west drive area of Hack's, the corner of Otsego Road and
62nd Street, and approximately half way between Hack's west
driveway and Otsego Road at no cost to the City for installation.
Muyres seconded the motion. All voted aye.
Potter made a motion to accept the low price for a two year
bid on sewer main cleaning from Pipe Services Corp. at a cost of
$0.35 per lineal foot of main. Vetsch seconded the motion. All
voted aye.
ALBERTVILLE CITY COUNCIL
September 5, 1995
Page 7 of 7
Potter made a motion to accept the MPCA Evaluation and
Planning Report as presented. Berning seconded the motion. All
voted aye. The Council further directed Administrator Hale to
review the City's sewer ordinance for compliance with all
requirements detailed in the Evaluation and Planning Report.
Berning seconded the motion. All voted aye.
The Public Works Committee recommends placing recycled
blacktop on the pond road at a cost of $3,500. Vetsch made a
motion to approve the Public Works Committee recommendation and
have recycled blacktop placed on the pond road. Muyres seconded
the motion. All voted aye.
Vetsch made a motion to deny the Public Works Department
request to install a gate into the City Park parking lot. Vetsch
explained that he is opposed to the installation of the gate
because it creates a safety issue should the gate be locked and
access through the park denied. Anderson seconded the motion. All
voted aye.
Muyres made a motion to authorize staff to prepare a RFP for
wastewater treatment facility operation contracting and to obtain
bid prices on contracting. Anderson seconded the motion. All
voted aye.
Mayor Potter reported on the CMIF meeting conducted in August.
The next meeting is scheduled in January in Mora. Potter reminded
staff that the progress report for CMIF is due in September.
Councilmember Muyres reported that he and Councilmember
Berning have met again with the Otsego EDA to discuss joint issues.
The discussions have focused on three areas --servicing properties
considered jointly, financing those services, and marketing the
properties.
Mayor Potter reported that the Joint Powers Board is currently
working toward developing a complete Comprehensive Water Plan.
Berning made a motion to adjourn at 10:48 PM. Muyres seconded
the motion. All voted aye.
I , I "/,�/
Michael Potter, Mayor
,� Linda Houghton, Cl k
UPPING MEETINGS/IMPORTANT DATES
September
x
Finance Comm. - Investment Firm Interviews
x:xx
PM
September
7
MN Muni Bd (Berning & Muyres)
7:00
PM
Albertville City Hall
Septmeber
7
Joint County Ditch 9 & 21 Meeting
7:00
PM
(Potter & Vetsch)
STMA High School
September
11
County Roads 19/37 Reconstruction
4:30
PM
(Berning & Potter) - Wright County PW Bldg
September
11
Special City Council Meeting - Proposed
7:00
PM
1996 Budget & Tax Levy
September
13
Regular Planning & Zoning Meeting
7:00
PM
September
14
MN Muni Bd (Berning & Muyres)
7:00
PM
Otsego City Hall
October 2
Regular City Council Meeting
7:00
PM
October 9
Regular EDA Meeting
7:00
PM
October 11
Regular Planning & Zoning Meeting
7:00
PM
CITY OF ALBERTVILLE
BILLS TO BE PAID
September 5, 1995
Check No.
Vendor
Reason
Amount
9590
Advanced Communication
Pager Batteries
213.00
9591
Albertville Fire Relief
1/2 of Contribution
2,500.00
9592
Alex Air Apparatus
Air Packs
23,600.00
9593
American Bank
88 GO Adv/Ref Bond
280.80
Fiscal Fees
9594
Bergstrom's
Tire & Rim
21.40
9595
Carlson Asphalt
Patch 54th St.
460.00
9596
Central Rivers
RoundUp
248.20
9597
Crow River News
Lot For Sale Ad
309.60
9598
Daniel Signs
Air Pack Lettering
362.15
9599
Elk River Star
Annual Subscription
25.00
9600
Feed -Rite Controls
Testing
408.00
9601
Front Line Plus
Roof Ladder
228.00
9602
Gopher State One Call
Locates
19.25
9603
Gruys Bordern Carlson
Prepare Fire Aid
282.15
Schedules I & II
9604
Hack's
Supplies/Gas
27.68
9605
Jamie Young
Return of Cigarette
50.00
License Fee
9606
Terry Merritt
Border Meetings
150.00
9607
Minnegasco
Service
33.56
9608
MN Copy Systems
Maintenance
123.94
9609
MN Wastewater Operators
Meeting 9/12/95
6.50
9610
City of Monticello
Animal Control
162.00
9611
MTI Distributing
Toro Belt & Blade
59.11
9612
NSP
9613
City of Otsego
9614
Pitney Bowes
9615
Radzwill Law Office
9616
Russell's Lock & Key
9617
Scharber & Sons
9618
SEH, Inc.
9619
Simonson Lumber
9620
Sunshine Lawn Service
9621
United Telephone
9622
Uinversity of MN
9623
Wr. Co. Recorder
Street Lights
1,996.54
3 Hrs. Grading
225.00
Postage Machine Lease 19.17
Legal Service
2,275.00
Repairs - Park
49.16
Repairs - Tractor
389.75
Services
1,316.50
Posts
98.51
Service Call
50.75
Service
338.84
Pesticide Manuals
36.00
Omann CUP
25.50
TOTAL BILLS
$36,391.06
ALBERTVILLE CITY COUNCIL
August 7, 1995
Albertville City Hall
PRESENT: Mayor Mike Potter,
Curt Muyres, Duane Berning, and
Garrison Hale, City Clerk Linda
Carlson
R—W.0 g M2
7:00 PM
Councilmembers Sharon Anderson,
John Vetsch, City Administrator
Houghton and City Engineer Pete
Mayor Potter called the regular meeting of the Albertville
City Council to order..
The agenda was amended as follows:
7c. Remove minutes of Joint Cminci 1 meeting with Otsego
- August a, 1995
5P. Add Return to work - Mike Rutkowski
Kerning made a motion to approve the agenda as amended. Muyres
seconded the motion. All voted ayR.
Anderson made a motion to approve the minutes of the July 3,
1995, regular Council meeting and the minutes of the July 12, 1995,
Joint Council meeting with Otsego. Muyres seconded the motion.
All voted aye.
Vetsch made a motion to approve payment of Check #'s 9520
through Check #9555 as presented. Berning seconded the motion.
All voted aye.
Mayor Potter asked if anyone present wished to address the
Council under Community Forum. Connie Anderson questioned the
Council on whose responsibility it is to correct the drainage on
her lot (Lot 1,Block 1, MLDCO 1st Addition). City Engineer Pete
Carlson presented a memo dated May 30, 1995, in which he reported
he inspected the lot in question and found that the grading of the
lots were not completed by the developer per the grading plan
approved t the
� --_1_- _-L Carlson
- .� -_mwnds that the City Yr LVL I.11C VCVCIVYIIir(l . �P'l. L lJVll LGV VIIV IIr 11\aJ
notify that developer that the grading must be completed~ by a
spPcifir_ date or the City will draw on the letter of credit to pay
to have the grading completed. The Council directed City Attorney
Conri to send the developer a l PttPr directing that the grading he
completed.
Anderson also questioned what could he done ahout rezoning
existing lots in the City as single family lots. Mayor_ Potter
explained that the Comp Plan is heing reviewed and updated and
public hearings will be conducted where citizens can give input
regarding zoning and other planning issues.
Rerning made a motion to approve the Financial Statement for
the period June 28 - July 31, 1995, as presented. Anderson
seconded the motion. All voted aye.
AT,RERTVTLT.E CTTY COTTNCTT,
August 7, 1995
Page 2 of 7
Cnnncilmembpr Anderson requestPd that the Cigarette License
for Sub -Culture he pulled from the Consent Agenda.
Council member Kerning requested that the Follow -Up Sheet as
of July 3, 1995, be pulled from the consent agenda.
Berning made a motion to accept the pledged security effective
July 11, 1995, from Security Bank Northwest. Anderson seconded the
motion. All voted aye.
Berning made a motion to approve the 1996 contract with the
Wright County Assessor at a contract price of $6.25 per parcel
(approximately 845 parcels). Anderson seconded the motion. All
voted aye.
Berning made a motion to approve RESOLUTION #1995-39 entitled
RESOLUTION APPROVING PERMIT FOR STATE GAMBLING LICENSE FOR
ALBERTVILLE AREA I.TONS. Anderson seconded the motion. All voted
aye.
Berning made a motion to approve the following repnrts the
Citv F,ngi.neer Pete Carlson:
ll) Drainage, Reaudry's Secnnd Addition; dated July 31, 1995
(21 Di tch C1 Panina, County T)i tch No. 9, dated August 1 ; 1995
Anderson ser.nnded the motion. All voted avP.
RPrning made a moti_nn to approve the Joint Powers Roard's
decision to have the ditch in front of the pumphouse at 11100 50th
StrePt NF rPoai_rPd according to the report from Rrian Mi_llPr, Joint
Powers Roard's enginPPr. Anderson seconded the motion. All voted
aye.
James Young explained to the Council he applied for a
cigarette license for a business he will open in the Jim Hennum
Realty building. The business will have a tobacco shop in the back
room selling fine cigars, pipes, tobacco, etc. The front portion
of the business will sell espresso coffees, cappacino, and gourmet
muffins, etc. The Council asked if Young has a business license
from the state at this time. Young does not. Anderson made a
motion to table the decision until the City Attorney can look into
whether the City can approve a cigarette license for a business
before the business is actually licensed. Muyres seconded the
motion. All voted aye.
Judie Rose presented the City Council will a plaque from the
Central Minnesota Initiative Fund for their participation in the
CMTF's fund drive.
ALBERTVILLE CITY COUNCIL
August 7, 1995
Page 3 of 7
Two bids were received on the water tower lot. The bids are
as follows:
(1) John & Debby Kanz, 9309 Wedgewood Lane, Maple Grove - Bid
Price $5,759.98 cash payment.
(2) Albert Blazenik - Bid Price $19,300 cash payment.
The lot has been appraised by Cassidy Realty & Appraisals earlier
in the year at $30,000. Anderson made a motion to reject both bids
and to direct administration to send letters to each of the bidders
explaining that the Coimci l has opted to reject the bids. Rerni ng
seconded the motion. All voted aye.
Mavor Potter congrat111atPd the Albertville Rovaltv and
presented each with a savinac bond certificate.
Rerni ng made a motion to rPd11cP KPnco's Vetter_ of Credit by
$13,025.59. Muyr.es seconded the motion. All voted aye. +
Muvr.es made a motion to approve the PUD (Planned Unit
Development) zoning for the three parcels owned by Dennis Fehn
subject to the restrictions on 1isP of residence, as outlined in the
memo dated August 7, 1995, from City Attorney Mike Couri. In
addition the motion approves ORDINANCE #1995-14 entitled AN
ORDINANCE AMENDING THE CITY'S ZONING ORDINANCE #1988-12 (MAP
AMENDMENT). Vetsch seconded the motion. All voted aye.
Based on the recommendation of the Personnel Committee and the
signed release from Mr. Rutkowski's doctor, Anderson made a motion
authorizing Michael Rutkowski to return to full time employment
with the City effective at 8:00 AM on Wednesday, August 9, 1995 at
$10.17 per hour. Vetsch seconded the motion. All voted aye.
Consensus of Council to table the discussion on the KD's
Family Restaurant sign along the County right of way until later in
the meeting.
Wilfred Recker addressed the Council regarding a new house his
son plans to huild.on hi.s property along 50th Street. The Reckers
do nest want to connect to the sanitary SPWPr main which Is
approximately 300 feet to the west of the DroDPrty. Connecting to
the_ Rani tart/ RP.wer wood rP.aiO rP. a 1 i ft nnmp- to he installed. They
C.hoARe to have a septic systPm instal 1 P(i on site; although no
percolation test have hPen cnnduc-tPd at this time. Recker also
indicated that lip is unsure whether there is room on the lot for an
alternate site. He fpel s the. alternate. site could -he considered to
be the existing sanitar-v sewer. City Fngine_er Pete. Carlson feels
that if the sanitary sewer_ is available, the house should be
connected to it. The Council agreed to allow Becker to provide the
results of the perc tests and the availability of an alternate site
before a decision is reached.
AT.RF.RTVTT.LF CTTY COONCTT.
A»gnst 7, 1995
Page 4 of 7
Ci ty Fngi neer Pete Carl son revi -wed hi s memn of Jill v 31 , 1 995,
regarding street maintenanCP. Carslon reCommPndPd that instead of
SDP.nding 88,000 to seal coat 51st StrP.P.t, the. City would
P.rP.C`PIVP
aratPr hPnPfi t by 1lGl ng the money to patch strpet where. needed,
parti ctil arl v on StrPP.ts Past of Main. Carlson also recnmmendPd
hudgetina $40,000 for overlaying Slst Street in the 1.99h hudget
year.
Anderson made a motion to approve expenditures not to exceed
$8,000 for patchwork of streets. Berning seconded the motion. All
voted aye.
Carlson indicated he is still working with the Soil and Water
Conservation District regarding the drainage issue on the Marx
properties. He hopes to have more concrete information available
at the next Council meeting.
Carlson reviewed his memo dated August 2, 1995, regarding
Mason's lift station problems. Although there is no obvious reason
why the motor for the primp has burned out, Carlson does not believe
the DroblPm is related to the, 50th Str_ePt construction project. He
further helieves the prnhlPm is one the Masons should resolve and
the City should not hP involved.
Anderson made a motion directing staff to send a cnDv of
Carlson'. memo and a letter of Pyplanation to the Masons. Vetsch
sPcnndPd the motion. All votPci avP_
Rased on raview
of the City nrdinanc-P stating
park rental
fees
are nnn-refundahl e..
Anderson made a moti on to deny
the rPgiiPst
frnm
f.nng Hal] i Trurki no for
a refund of the parir renra i
Tees
r.or a
snfthal1 tnurnament
paid
original 1 V sc-hpd171P.d for May 12, 13, & 14
which
was later cancelled.
Rerning seconded the motion.
All voted
aye.
Donatus Vetsch, representing the Albertville Lions, requested
permission to extend the concrete eight (8) feet around the sides
of the Lions Shelter, to install a water hydrant and a drinking
fountain, and to add additional outlets to the east end of the
shelter. The costs of the improvements will be paid by the Lions.
Potter made a motion to approve the Lions' request to make
improvements to the park shelter, contingent upon its meeting all
terms of the lease agreement with Burlington Northern and its
conformance with all applicable requirements. Vetsch seconded the
motion. All voted aye.
Anderson made the following motion: -
( 1 ) Adopt RFSOLTITTON #1995-40 entitled A RESOLUTION AMFNDING
THE COMPRF..HFNSTVE PLAN creating a low density residential
area for. the DropPrty platted as Par_ksi.de 3rd Addi_ti_on.
t
ALBF.RTVILLF CITY COUNCIL
August 7, 1995
Page 5 of 7
(2) Adopt ORDINANCE #1995-13 entitled AN ORDINANCE AMENDING
THE CTTY'S ZONING ORDINANCE #1988-12 (MAP AMENDMENT) to
rezone the property platted as Parkside 3rd Addition from
A-1 (Agricultural Rural District) to R-1 (Single Family
Residential).
(3) Crant preliminary plat approval for the Parkside 3rd
Addition, subject to the developer entering into a
Developer's Agreement with the City.
Muyres seconded the motion. All voted aye.
noi7g Psyk questioned whether the. City Would abate a portion of
the deferredaGSP.SGmPnt charged to the. DrnDPrt_v owners for the.
se.Gle-r i nte-rcpptor l l ne? si nrt- nroDe.rti e.s west of C:o17nt V Road 1 9
would now he r.onne.rti ng to that l inP. ThP Council agreed it is
their intent that thnsP nroDPrtiP.s assessed for the..sP-wer
intPrcP.ptnr line wi 1 l he. RvAP of from flltilre. trunk ar7ce-ss_ fees hilt
wi l l not r(-rPive. an ahated portion of deferred asse-ssmonts,.
AndPrsnn made a motion approving the. Planning Cnmmission's
recommendation that the City Attnrney advise Clem Marx in wri.ti.na
that the trunk sewer line to service Parkside 3rd Addi_ti.on wil 1
extend along the north P.dae of the Parkside 3rd Addition property.
Muyres seconded the motion. All voted aye.
Muyres made a motion to adopt RESOLUTION #1995-38 entitled
ESTABLISHING PETTY CASH AND CHANGE FUND. Anderson seconded the
motion. All voted aye.
Anderson made a motion to adopt RESOLUTION #1995-37 entitled
APPOINTMENT OF CITY ADMINISTRATOR TO PERMANENT STATUS. Muyres
cannnAAA tha mnti nn A 1 tsn*,=e4 o..e
Councilmember_Rerning requested that the six-month evaluation
of the City Administrator be completed by the Personnel Committee.
Potter- made a motion to temporarily change the meeting dates
of the Pl ann_i ng Commission from the spannd TuPsdav of the month to
the. .second Wednesday of the month at 7:00 PM, e.-ffective. Septemher
1, 1995 - nPcemher 31, 1995. Muyres seconded the motion. A 1 1
voted aye.
nPptlty Sheriff non Lindell dl sCussPd an increase. in the number
of ho17r.- of bol i ne protenti on for the_ City of Al hertlri l l e . The
C:i tv cnntrarts fnr four hn17rs Der day of police, protection at this
time. T,1ndel 1 rP.f'ommPnd-d that the. -i tv add at 1 Past. one more hour
of sPrVic'A dup to a s17hR1'antl.al nf.rP-asP. 1n pnDlllailnn.
Potter made a mnti on to contract wi th Wright County Sheri ff's
Department for five hours per day of sprvi ce in 1 99f; at a cost of
$33.00 per hour. Anderson seconded the motion. All voted aye.
AT.RFRTVTT.T.F. CTTY COUNCTT.
August 7, 1995
Page 6 of 7
Potter made a motion to pay Facilitator Terry Merritt a $50
per meeting stipend for hi.s involvement in thou AlhPrtui 1 l e/OtSPan
bord tar issue mee.tings. Miivre.s seconded the. motion. Potter,
Miiyrps, Anderson and Vetsch votP.d aye. RP.rning voted no. The
motinn carried.
T)avi d Tri cht of Northwest Associated Consiil tants addressed the
roiinr.i l regarding concerns they may have regarding a cnnflict of
l.ntPrP.st with his office performing the Cnmp Plan ilpdate.
Counci lmembers Miivres and BerninQ re_porte_d that as ARDA
members they have met wl.th Otsego Councilmember Larry Fournier and
the Otsego finance officer to discuss cost sharing. to construct the
T-94 ramp. Mii_vres added that these were brainstorming sessions to
discuss increasing and sharing a tax base for industrial and
commercial growth. The next meeting is scheduled for August
21,1995, at 7:00 PM in the Albertville City Hall.
Councilmember Anderson explained that a tentative meeting to
discuss development of the Westwind Park is scheduled for August
16. She also reported that the STMA Women of Today has offered to
donate $600 to purchase park equipment.
Anderson made a motion to table fiirther discussion of. the
Trai lbl aver Sign request for KT)'s Fami.l v Restaurant rinti-1 ("olinty
Commissioner ,7udie Rose is availahle to discuss the Countv's
position. MiivrPG seconded the motion. All voted ave.
Rerni ncr di sciisse.d the fol 1 nwi ncr items he feels, shoill d he
i ncl iidPd on�the Fnl 1 nw-TTZ) Sheet:
l71 r,nrust Cnnrt drainage
(�l Ordinance for rPniimhPrina ordinances.
!41 1994 Audit Approval
(5) `Rallfield lights
!61 Cnst sharing
(7) Curfew Ordinance
(8) Letter from City Attorney to MT.DCO regarding the grading
(9) Mailboxes on Main Street
(10) Psyk's 6th Addition - blocked ditch
(11) Letter to Frankfort - ditch
(12) Ways to finance Comp Plan update
Mayor Potter reported on the discussions he's had with
property owners impacted by the I-94 drainage project.
Vetsch made a motion to table discussion of the water tower
sale until the next meeting when the Council should address whether
to rezone the lot to R-1 and to consider a minimum sale price.
Potter seconded the motion. All voted ave.
AT.RF.RTVTT.T,F. CTTY COUNCTT.
Anaust 7, 1.995
Paae 7 of 7
Kerning made a motion to adjourn at 10:10 PM. Anderson
seconded the motion. All voted aye.
Michael Potter, Mayor
Linda Houghton, Clerk
CTTY OF AT.RFRTVTT.T.F.
CTTV OF OTSF.C;O
JOTNT COTTNCTT. MVF,TTNC,
August S, 1995
Otsego City Hall 7:00 PM
PRESENT: Mavors Potter and Freske, Councilmembers Anderson,
Vetsch, Ackerman, Fournier and Heidner
ASSENT: Counci.lmembers Berning, Muyres and Black
OTHERS PRESENT: City Administrator Hale, City Clerk/Zoning
Administrator Beatty, Consulting City Planners Licht and
Associates, Meeting Facilitator/Moderator Merritt
Jointly both mayors convened the special meeting for the
piirposes of considering issues of mutual concern to include
detachment/annexation of property and in keeping with a Municipal
Roard "memorandum" dated Jim e 7, 1995, involving M.S.414.01,
Siihdivision 16. This is meeting three. Subject: Property owner
plans.
Mnderatnr Merritt sPrvPd as mPPtina facilitator to cnver the
mPPti ng silhiArts and cal 1 ?d itonn the n_ iihl i c andi enrP mPmhPrs to
di Criss thei r nl any: for 1 And use .
PrnDA+rty e)wn-rs adjarPnt to the crnmmon jni nt ri ty hoiindar_v
were DrASAnt to Ask atiPctions after Mnderator Merritt provided an
ovoari7iew of tha Miiniripal Roard's order and inint ri-ty cnoDerati_on
rPaiii rPmPlnts ,
Landown?rs WerP. i_nt.e.re.sted in anaiii ring Ce.rvi.cps siirh as sewer
and water/ ,dome nroDP.rty owners CDc kf- to keep farm/agri.ci_ll aural
DrnDe.rtie.G riiral in nature and free of mimicinal se.rviCes.
City Administrator Hale and City Clerk Beatty read letters
submitted by interested property owners which were supportive or
opposing municipal services.
Facilitator Merritt disci.issed the use of a sub -committee
comprised of two council members from each community and work on
the specific items identified from the first three meetings. A
fourth meeting would follow to wrap up and focus on an action plan
based on the suh-committee findings.
Facilitator Merritt adjourned the meeting at 8:01 PM.
0
CITY OF ALBERTVILLE
BILLS TO BE PAID
September 5, 1995
3
Check No.
Vendor
Reason
Amount
9590
Advanced Communication
Pager Batteries
213.00
9591
Albertville Fire Relief
1/2 of Contribution
2,500.00
9592
Alex Air Apparatus
Air Packs
23,600.00
9593
American Bank
88 GO Adv/Ref Bond
280.80
Fiscal Fees
9594
Bergstrom's
Tire & Rim
21.40
9595
Carlson Asphalt
Patch 54th St.
460.00
9596
Central Rivers
RoundUp
248.20
9597
Crow River News
Lot For Sale Ad
309.60
9598
Daniel Signs
Air Pack Lettering
362.15
9599
Elk River Star
Annual Subscription
25.00
9600
Feed -Rite Controls
Testing
408.00
9601
Front Line Plus
Roof Ladder
228.00
9602
Gopher State One Call
Locates
19.25
9603
Gruys Bordern Carlson
Prepare Fire Aid
282.15
Schedules I & II
9604
Hack's
Supplies/Gas
27.68
9605
Jamie Young
Return of Cigarette
50.00
_
License Fee
9606
Terry Merritt
Border Meetings
150.00
9607
Minnegasco
Service
33.56
9608
MN Copy Systems
Maintenance
123.94
9609
MN Wastewater Operators
Meeting 9/12/95
6.50
9610
City of Monticello
Animal -Control
162.00
9611
MTI Distributing
Toro Belt & Blade
59.11
9612
NSP
Street Lights
1,996.54
9613
City of Otsego
3 Hrs. Grading
225.00
9614
Pitney Bowes
Postage Machine Lease 19.17
9615
Radzwill Law Office
Legal Service
2,275.00
9616
Russell's Lock & Key
Repairs - Park
49.16
9617
Scharber & Sons
Repairs - Tractor
389.75
9618
SEH, Inc.
Services
1,316.50
9619
Simonson Lumber
Posts
98.51
9620
Sunshine Lawn Service
Service Call
50.75
9621
United Telephone
Service
338.84
9622
Uinversity of MN
Pesticide Manuals
36.00
9623
Wr. Co. Recorder
Omann CUP
25.50
TOTAL BILLS
$36,391.06
CITY OF ALBERTVILLE
PREAUTHORIZED CHECKS ISSUED
August 1 - August 28, 1995
Check No. Vendor Reason _Amount
Payroll Period Ending 8/8
P1379 Gary 1,001.60
P1380 Linda 799.85
P1381 Dave 284.81
P1382 Ken 896.65
9566
Buffalo Fire Department
Firefighter Training 90.00
9567
P.E.R.A.
7/26 - 8/8
338.69
9568
USCM Midwest
Deferred Comp
65.00
9569
Wr. Co. Child Support
Payroll Deduction 183.00
PAYROLL PERIOD 8/9 - 8/22
P1383
Gary
1,001.60
P1384
Linda
799.85
P1385
Dave
306.03
P1386
Ken
896.64
P1387
Mike
621.79
P1388
Bill Valerius (Public Works
Temporary)
18.47
9570
DTED
PFA Bond Payment
49,965.26
9571
American Bank
1989 GO Ref Bond
21,047.50
9572
City of Annandale
Gary's Insurance
309.00
9573
First Trust
1993C Ref. Bond
3,678.75
9574
Group Health, Inc.
Employee Insurance 531.90
9575
Monticello Animal Control
July Service
49.50
9576
NSP
Service
1,028.02
9577
PERA
8/9 - 8/22
409.60
9578
Petty Cash
41.11
9579
Cash
Change Fund
50.00
9580
USCM
Payroll Deduction
65.00
9581
Wr. Co. Child Support
Payroll Deduction
183.00
9582
Wr. Co. Sheriff Dept.
July Service
3,893.33
"'
TOTAL $88,955.95
CITY OF ALBERTVILLE
FINANCIAL STATEMENT
August 1 - August 30, 1995
Beginning Cash Balance July 31, 1995
INCOME (Aug. 1 - Aug. 30)
Beer Licenses
10.00
Building Permits
10,272.13
Dog License
10.00
Interest (July)
229.39
Lease Payment
475.00
Loan Payment - Fraser
689.06
Park Rent
100.00
Recycling Incentive
1,265.00
Sewer/Storm Water
3,916.00
Special Assessments
1,048.89
Title Search
40.00
Transfer from Savings
100,000.00
Misc. (Reimbursements)
149.21
TOTAL INCOME
EXPENSES (Aug. 1 - Aug. 30)
Check Vs 9520 - 9565
(approved 8/7/95) 78,080.39
Preapproved Checks 88,955.95
(List attached)
TOTAL EXPENSES
Ending Cash Balance August 30, 1995
INVESTMENTS:
118,204.68
167,036.34
CD #9226 - Alb. Development Corp. matured 7/1/94
CD #10234 (Lions) - matures 10/1995 @ 4.47%
CD #8579 - matures 12/27/95
CD #10190 - matures 3/1/96 @ 7.0%
CD #10203 - matures 3/29/96 @ 7.0%
Piper-Jaffray Investments (7/31/95)
TOTAL INVESTMENTS
Money Markey Savings Acct. (8/90/95)
$106,963.52
58 131.86
6,970.05
13,859.73
169,552.92
113,498.98
377,991.90
1,036,414.80
$1,718,288.38
$783,519.51
Bond Investment Dept.
Phone: (612) 298-6148
Members FDIC
SECURITY BANK NORTHWEST **
ST MICHAEL ATTN MARY MCGOWAN
BANCOMPUTER SERVICES, INC
3050 METRO DRIVE SUITE 214
BLOOMINGTON, MN 55425
AMEFICP-:� EAN_C
NATIONAL ASSOCIATION
101 EAST FIFTH STREE"'
ST PAUL, MN 55101
New Pledged Security Notification.
Receipt -Number: 157000402 Account: 162356 Effective: 08/14/1995
The following securities have been pledged to:
CITY OF ALBERTVILLE MN
SUB PLEDGE VARIOUS
AMOUNT PLEDGED 2,113,166.40
FHLMC BALLOON M19049
05.500 FGPC M19049 G
CUSIP: 31289KBS0
Maturity Dt:. 10/01/1997
Rate: 5.5000000
Issue Dt: 10/01/1992
Face Amt:=_3,000,000.00000
Par Amt: 2,113,166.4002►0
Such substituted securities are held subject to all the terms and conditions of the original Custodian Receipt for Pledged S
bearing the number set forth above. This receipt is not assignable or negotiable.
Signed in triplicate 19
AW
AMERICAN
Bond Investment Dept.
Phone: (612) 298-6148
Members FDIC
SECURITY BANK NOP,THWEST
ST MICHAEL A'I1M'3 MARY M':GC)TRAN
EP.FCOMPUTZER SERVICES, INC
3050 METRO DRIVE SUITE 214
E100111INGTON, MN 55425
NATIONAL ASSC IA r7ON
101 EAST F7F_... STRE-,"
ST PAUL, MN 55101
New Pledged Secu`_"ity Not if i cat i. ..
Receipt Number: 237687 Account. 162356 Effective: 02/14/1995
The following securities have been pledged to:
REPURCHASE AGREEMENT
FRAISER STEELE & FRAISER STEEL
AMOUNT PLEDGED 806,441.95
Gi-MA II ARM POLL 8098 G2AR
CUSIP:,
Maturity Dt :
Current Rate:
Issue Dt :
Face Amt:
Par Amt :
36202J7K8
12/20/2022
12/01/1992
980,000.00000
806,441.95100
Such substituted securities are held subject to all the terms and conditions of the original Custodian Receipt for Pledged Securiti,
bearing the number set forth above. This receipt is not assignable or negotiable.
Signed in triplicate 19
DATF,
CTTV OF AT.RRRTVTT.T.F.
FOLLOW -TIP SHEET
As Of August 7, 1995
ACTTON TO RE TAKEN
PERSON
4/m3r
PPrsnnnPl - RPnPfiis Program
p0mm-
ripl O-rrr
mi tta1P/
Staff/
rrn m-i 1
5 / vx
Raniimhari ncT Ordi nanr,P
J
Pri-Hn /
ON n +r-i 1
5/vv
CMTP - Commimi tv Partners Prnciram
MrgThpra
Onanina
6-7/xx
Ci tv Aclmi ni st.rat.nr Foal uati on
Chrr-i1
6-7 /xx
City Cnunri 1 F.val uati nn
Admin.
F,/xx
Joi nt Al hPrtvi 1 1 P/Otsego MPPti ng
(171Tx-9'1
(Minnesota Mimi ci pal Roard)
6-9/xx
City Park RallfiPld Tights
Mayor
6-9/xx
TTrhan SPrvir.P Area (Part of Comp Plan)
chryni
Ongoing
7/ x
PPrsnnnPl - Ordi nanni-/Pol i ci es
PLRr r
nel Crnr
mi ttpp/
Sl.aff/
r n Ty-i 1
7 / vv Puhl i c Works Rui 1 rli na - SkocTl rind Si an Tw( om/
Y r } e r)r-i 1
7-F!vx Rudaet 19gF - PrnnosPr3 Finanr
7-R/xx RurlaPt 19A5 - AmPnr3ments Pinama
(hmm /
rnrKrii
7-9/7m C.nmp Plan - 1995 Rudget Finance
(TI Tx~iJ
7/mm Mail Rom RPlocati.on ChTiril
I�
7-R/ux
TnvozAfmPntG - NP_W r)pt'4 nn
Pi`1aTk'Ip
Cnmm.
7-xx
r*mmn Plan K 7,nnina Man
P97!
Onaoi na
J J
Crtxx�l
Staff
7-9/xx
FauiUmpnt Maintenan(,p Loa Ronk
TWC.nm/
7xx/3zx
Cost sharing Cminty Roads 19/37
Rrttpr/
1aP171i ng
7/xx
50th StrP.et Cuardrai 1 - Costs
cr,T a1
7 /xx
Locust Court T)rai nagp
(tux-T 1
7/3z3z
Tax forfei ted Property
Clprk/
ct"Yr l
7 /xx
C,urfpw Ordi nanr.p
(TAxx-i1
R /xx
Pi rp Rpl i pf Rpti rpmpnt Fund
Mayor/
PT) /
C1Prk
R /xv
ComnrahPnsi up P1 an /7nni nrr Mats Am?ndmpnts
P FY 7.J
R/Xu
SAC PPP - Gash Plnw
Ftinarx-a
TrTink ArCPCS PAPS
Staff/
(*h r7ri 1
A/Xx
Frankfort Township T)rainaaP
("nrk-i1
A/7
T,Pttpr to MT,T)CO rp: drainagp,/grading
City
Atty.
9/05
Approval of 1.994 Audit
Chi".'
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION #1995-41
ESTABLISHMENT OF COMPENSATORY TIME POLICY
WHEREAS, the City Council of the City of Albertville is
desirous of establishing a policy for compensatory time; and
WHEREAS, the City Council is interested in determining the
parameters to be applied to a policy for the City.
NOW, THEREFORE BE IT RESOLVED, that the City Council of
Albertville, Wright County, Minnesota, orders the establishment of
the policy titled "Compensatory Time" as follows and incorporates
the same as an amendment to the Personnel Policy of the City with
an amendment to the amended Personnel Policy dated May 2, 1994.
COMPENSATORY TIME
Policy:
It is the policy of the City of Albertville to maintain a
policy on compensatory time off for use when overtime has been
earned for work periods extending beyond the normal work week of
forty (40) hours and overtime is not being paid.
Comment:
(1) Compensatory time may be granted to regular full-time
permanent employees for any of the following reasons:
(a) Employees were required to work overtime by the
City.
(b) Emergencies that required employees to be called
out.
(c) Weekend "on -call" and "inspection check" duties.
(d) After business hours functions where the City
requests them to be present.
(2) The City and employees shall make every effort possible
to limit overtime to essential needs.
(3) Determinations as to eligibility for overtime shall be
made by resolution of the City Council based on current Federal and
State Laws on overtime.
(4) All compensatory time must be taken in multiples of one
(1) hour or more.
(5) Determination of daily and weekly work schedules are at
the discretion of the City Council, City Administrator and
department head.
(6) Compensatory time may be used in conjunction with
vacation periods.
(7) An employee may take the option of banking overtime in a
compensatory overtime bank to a maximum of twenty (20) compensatory
time off hours. One and one-half (1-1/2) hours of compensatory
time off will be granted for every hour of overtime worked for
every employee determined eligible for overtime compensation by
resolution of the City Council. All other employees are granted
one (1) hour of compensatory time off for every one (1) hour worked
up to limits as may be included in Federal and State law. No
banking of compensatory time beyond twenty (20) hours.
(8) Every effort shall be made to utilize compensatory time
off within the next pay period of its being earned.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 5TH DAY
OF SEPTEMBER, 1995.
Michael Potter, Mayor
ATTEST:
Linda Houghton, City Clerk
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION #1995-42
ESTABLISHMENT OF HOURS OF WORK
WHEREAS, the City Council of the City of Albertville is
desirous of amending their present policy for "regular hours of
work"; and
WHEREAS, the City Council is interested in determining
additional parameters for the "Regular Hours of Work" policy for
the City.
NOW, THEREFORE BE IT RESOLVED, that the City Council of
Albertville, Wright County, Minnesota, orders the amendment to
their Personnel Policy of the City as amended May 2, 1994, with the
following additions:
HOURS OF WORK
Policy:
It is .the policy of the City of Albertville to establish
working hours as required by work load, present service needs, and
the efficient allocation of personnel resources. Regular work
hours will be set forth by resolution of the City Council.
Comment:
(1) The normal workweek is established as 12:01 AM Saturday
morning and termination at 12:00 PM Friday night, consisting of a
forty (40) hour week for both essential and non -essential employees
as defined by Minnesota Law.
(2) The normal workday shall consist of eight consecutive
hours of work plus a thirty (30) minute, duty free, unpaid meal
period. Employees shall have two (2) duty free paid fifteen (15)
minute rest periods, scheduled approximately half way in the
morning and afternoon work schedules. All employees shall have one
(1) duty free unpaid thirty (30) minute meal break scheduled at
12:00 PM with the closure of the City facilities.
(3) Attendance at meetings and training programs are not
considered time worked if:
(a) The employee's attendance is voluntary (i.e. not
required by the City); or
(b) Course or meeting is not directly related to the
employee's job.
(4) When a department is required to work more than one shift
per day, the hours of work for each shift shall be determined by
the department head. Employees shall be informed of their
scheduled shift hours of work, and of any changes to the schedule,
as far in advance as possible, generally one work shift minimum for
advance notice.
(5) Employees may required to work overtime whenever it is
deemed necessary by their department head. No employee shall be
permitted to work overtime without the prior approval of their
department hear and/or city administrator. For the purpose of
compensation, only hours worked in excess of forty during a
workweek will be counted. Vacation or sick time does not count as
time worked in figuring overtime.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTV I LLE THIS 7 TH DAY
OF AUGUST, 1995.
Michael Potter, Mayor
ATTEST:
Linda Houghton, City Clerk
S�
CITY OF AT.RF.RTVTT.T,F.
COUNTY OF WRTRHT
STATE OF MTNNF.SOTA
RESOLUTION $1.995-43
F.STARLTSHMENT OF SALARY ADMTNISTRATION
WHEREAS, the City Council of the City of Albertville is
desirous of amending their present policy for "salaries"; and
WHEREAS, the City Council is interested in determining
additional parameters for the "Salary" policy to be renamed "Salary
Administration" policy for. the City.
NOW, THEREFORE BE IT RESOLVED, that the City Council of
Albertville, Wright County, Minnesota, orders the amendment to
their Personnel Policy of the City as amended May 2, 1994, with the
following additions:
SALARY ADMINISTRATION
Policy:
It is the policy of the. City of Al.hertville to pay wages and
salaries which are based 17pon the nature of the Joh performed and
which are. compei-i.tive with rates heina paid for similar. work by
other employers and cities in the community/state and commensurate
with pay equity.
Comment:
(1 ) The city administrator anti city cnunci.l personnel
committee have been an to r.evi.ew all wages and salaries on
an annual basis. Tt is their respons hili.ty to determine whether
existing pay ranges are competitive and whether the compensation of
individual employees accurately reflect their job performance and
responsibilities. Increases for individual employees and
adjustments to the pay ranges will be presented to the city council
by committee in keeping with the Minnesota Law on "Pay Equity".
The City Council will formally act on any recommendations by
resolution of the Council.
(2) New employees generally are hired at the minimum pay rate
of the pay range in relation to the nature of the job. Department
heads may recommend higher starting rates based on the employee's
prior experience and /or education but in no case higher than the
midpoint of the pay range. These recommendations will be reviewed
by the city administrator and the personnel committee before
recommendation for formal action by resolution of the City Council.
(3) Wage and salary surveys are conducted among area cities
and the League of Minnesota Cities. The data ohtained from these
surveys form the hasis for the city administrator and personnel
commi tteP's recommendations for nay adjustments to the Ci.t_v Coiinc:i 1
for formal action.
(4) There will be no automatic cost of living adjustment.
(5) Employees are paid every two weeks (bi-weekly) on
Wednesday following the close of the pay period.
(6) On each payday employees will receive a statement showing
gross pay, deductions, and net pay. City, federal, Social Security
(FICA), state taxes, Public Employees Retirement Association (PERA)
and employee contributions to the City's benefit plans will be
deducted automatically. Deductions for the 457K Plan and other
City Council authorized deductions will be made if the employee
submits a written request to the city.
(7) Every fiill-time or permanent part-ti.me employee shall he
considered for an increase in compensation based on a salary
cnmpPnsation plan adoptPd generally annually by resolution of the
C0i3nci l Compensati on i ncrPasPs wi.1 1 not he al ven on an a>>tomati c
basis, hilt shall bP contingent upon'favorahlP service/performance
reports and recommendation of the department head and City
Administrator.- as well as the availability of funds.
(8) Pav snbP.dlil P.s for cnmioen^,ati on wi 1 1 he estahl i shed by
formal rPsol iiti on of the city Counci 1 with all pav ranges and steps
being determined in hmirly pay amnunts. The resolution will
establish pay ranges based an "Pay Equity" Job Value Points with
steps for future movement based on performance.
(9) At the time of initial employment, promotion or demotion,
the City Council will appoint the employee by resolution and will
specify in the resolution the criteria, such as education and/or
experience used for initial placement on a step within a pay range.
Movement between steps will be based on the initial criteria for
credit and other verifiable criteria credit as deemed appropriate
by the City Council to determine the move to the next step on the
pay schedule.
ADOPTED BY THE. CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 5TH DAY
OF SEPTEMBER, 1995.
Michael Potter, Mayor
ATTEST:
Linda Hrniahton, City Clerk
APPLICATION FOR NON -INTOXICATING MALT LIQUOR LICENSE
The undersign, certifies that it co mplies with the
Minnesota Statutes, Section 340.001, Subdivision 7, in that it
qualifies as a "Bona Fide Club" within that Section, and that this
application makes petition for a limited license as a "Bona Fide
Club" for a limited ncn-intoxicating malt liquor license.
1. Name of Applicant:
L. Name and Address of President and Secretary; of Applicant:
C a
Purmcse for which `funds derived :vil1 be used:
4. Date G' activitl-2s c ;r WhiZ,'l l icarse is
p ct
�. Premises frcrr NhiC`' - "tvXl�at C. 'aiL ilyuGr Wiii iL.�
dispensed on said date: 0_ , � A. "1',)v-
6. !-{curs Of
ooerat_Cn CM `."e
CAR ':0 =
_-.-i-_or
-orca -_
_ =
requested:
_
7. Number of
previous l icense
ct,:ai,ed
t.`.-s c a' a^dar
year: _
0. Name, address, telap~Cne nu.'.tar an- ;•cs =i=n 'i Vith C7.jb c`
person signing this apol icaticn : C\na ; w. o vJ
VOTE: License fee of $10.O0 per day is required tc ac=cmcan,.; this
application.
NOTE: Applicant must appear in person before the Cite Council for
approval of limited license.
DATED:
Si`y,.c Itura ofAcclicant(s)
OS/ 19/ 91
05EH
MEMORANDUM
- ST P.4UL. MN a MINNEAPOLIS. MN 7- S7 CLOUD. MN CHIPPEWA FALLS. WI = MAD;SCN. ;%t
TO: Garrison Hale
City Administrator
Albertville, MN
FROM: Peter J. Carlson, P.E.
City Engineer
DATE: August 28, 1995
RE: Letter of Credit Reduction
Omann Brothers Development
SEH No. A-ALBEV 9601.00
On August 25, 1995 I inspected the above referenced development and met with Jim Omann. The
remaining work that needs to be completed includes fine grading, turf establishment, tree planting,
and installing the recycled aggregate in the truck parking area.
Jim informed me he intends to have the majority of the above stated work completed by September
1, 1995. If the work is completed, I would recommended a 95 percent reduction in the letter of
credit. If this work is not completed as stated, my recommendation would be a 80 percent reduction
in the letter of credit.
I will inspect the property again on September 1, 1995 and provide a verbal report to the City
Council on September 5, 1995.
Please call me if you have any questions.
mao
yc,:Q�Linda Houghtotteitrelerkr
Mike Couri, City Attorney
(G:\AUEV\CORRWG-28B.95)
aHT SOIL AND WATER CONSERVATIO S
306C B hton u
Buffalo, 313
Telephone (612) 682-1933
682-1970
August 11, 1995
Garrison Hale, Administrator
City of Albertville,
5975 Main Ave. N.E.
Albertville, MN. 553C3
Dear Gary,
Enclosed you will find a copy of the report I did for the
County on County Ditch 9. As you know when we talked last
most of the ditch you are contemplating cleaning does not
appear to be part of the County Ditch system (see photo).
You will also see I'm concerned about any cleaning of the
ditch without a comprehensive plan for the area. Housing or
other infrastructure placed low to wet areas dependent on
the ditch are of real concern.
The report talks about the fact that a great deal of the
City of Albertville and St. Michael's runoff goes through
the drainage system that runs from County Ditch 9 through
the City of St. Michael. This Drainage area also receives a
great deal of runoff from other areas so that problems could
very easily arise here. I'm suggesting that the County look
at the possibility of having a joint meeting to address how
this should be handled in the future.
Sincerely,
Kerry Saxton
Office Manager
enc.
REPORT ON POSSIBLE CLEAN OUT OF A PORTION OF COUNTY
DITCH 9
Background:
The work done for this report was done in August of 1995.
According to ditch records'County Ditch 9 was petitioned for
construction in 1904.•with the final check out of the
original ditch in 1906. Between 1921 and 1923 the ditch was
again cleaned out. During this clean out, ditch viewers
were assigned and benefited and affected acres were
recalculated. When investigating the _system an area
resident stated the ditch was also cleaned out in 1978.
Financial records should indicate if this is indeed the
case. The ditch file itself has nothing indicating a clean
out was performed at this time.
The Ditch is 11,375 feet long and starts near the North
centerline of Section 2, T.120N.-R.24W.(Frankfort Township).
The Ditch ends where it dumps into County Ditch 21
approximately 1100 feet South of the North centerline of
Section 10 of that same township. Ditch 21 then continues
for only a short distance where the water is discharged to a
large wetland in Section 14 and 15. Eventually the water
makes its way through this system via a number of ditches.
When the water leaves this wetland it flows under highway 35
into a natural i_ntPrTn1ttant Gt_rcam ?n`1 .a^...n +-Ik L.
of St. Michael to the Crow river (see attached photo).
The Proposal:
The City of Albertville has proposed to clean out a part of
the Ditch system, at their cost, as shown on the photo. The
city has received complaints from a landowner that drainage
from the Southwest part of the city has caused a problem for
his agricultural operation. In researching the records it
appears that much of the area that the city proposes to
clean out is not part of the legal County 9 Ditch system
(see photo). The ditch in this area appears to be a private
ditch that was constructed in various stages but completed
in 1990. The parcel of ground which this ditch runs through
is shown as benefited on the viewers report and as such
probably allows the owner the right to access the ditch.
i
Drainage Situation:
County Ditch 9 passes under County Highway 118, and 119, on
its way to Ditch 21. The culverts are very large and pose
little restriction to water flow. The water from Ditch 9
flows into Ditch 21, which empties into a large wetland
before it goes under CASH 35 on its way to the Crow river.
This wetland has additionai private ditches entering it from
both the East and West.
Improvements in the drainage of the upper portion of the
ditch will improve flow to areas of restriction, most
notably the aforementioned wetland. Ditches were added in
this wetland in 1986 and 1987. Attempts to grow sod were
made over the next few years. The photo history of the area
shows it became wetter in preceding years and sod production
was discontinued. Adjacent fields also appear to be
experiencing wetness problems. The drainage area to this
wetland is so large that flooding of adjacent areas is and
will continue to be a problem. Due to extremely variable
yearly rainfall amounts and considerable activity within the
watershed it's very difficult to interpret exactly what has
caused the drainage pattern seen on the photo history.
Conclusions:
As was noted earlier, much of the ditch the City of
Albertville wants to improve is private ditch which was on
the original benefited report. Therefore, iL is Tay vNiiiiuii
that this is a matter between the City of Albertville and
the effected landowner. Since the land is assessed for the
use of_the ditch the landowner has the right to maintain his
drainage_ into it. The County Attorney should be consulted
to verify this position. Landowners should also consult our
office to discuss the extent of the drainage activity so
that problems with drainage law or federal benefits don't
occur. -
Without doing a survey it's hard to assess if the clean out
of the county ditch is needed to effectively drain the area
the city is requesting. In'viewing the situation it was
noted that the landowner has cleaned a ditch that starts
very near the ditch in question and this ditch was dry at
the time of viewing. Because of this I suspect that the
drainage of this area could be greatly improved by cleaning
out the private ditch in question up to County Ditch 9. I
would suggest that the County Board have the city provide a
survey showing the need for a clean out of the portion of
County ditch if this is not felt to be acceptable.
The County Board would have to sanction any cleaning of the
County Ditch. A piece meal approach to the drainage
problems of this area especially in the upper portions of
the watershed will at best shift problems. Other drainage
problems exist in this area, such as the new housing
development located in Section 2 that has storm detention
ponds that drain directly to the ditch. When viewed this
summer for a Wetland Conservation Act request it was noted
that the outlet to the ditch was totally submerged and
little water was moving. I would suspect that requests to
clean this area of the ditch will be forthcoming.
There is much development occurring effecting County Ditch 9
and the drainage system below it. The system flows through
a fairly steep ravine through St. Michael and future
stability problems could easily occur here. We did inspect
the area from County 19 to CASH 35 and found the area to be
fairly stable at this time. We did not inspect the area
from County 19 to the river but from working on this area in
the past some areas of instability have occurred.
The wetland area described above is receiving more water ,
from a number of areas and therefore has been affected.
Although the singular affect of the area in question may not
be that great the perception that it is increasing problems
will almost definitelv occur.
Recommendation•
I would suggest that the County Ditch not be allowed to be
cleaned_ without a survey showing the need because of
concerns of downstream landowners. Generally it's not a
good idea to clean upper portions of a drainage system when
downstream portions are experiencing difficulties. I would
recommend that a more comprehensive plan of how the entire
drainage system is operating and needed improvements be
undertaken.
The County Board should ensure that the developments
draining into the ditch are paying outlet fees as
established by the ditch law. These areas would then share
in the cost of maintaining the system.
It is quite possible that some of the development in the
area could experience future water problems if placed to
low. I would suggest that the County and two cities
involved meet in the near future to discuss potential
problems and solutions so that a situation much like County
Ditch 33 does not develop here.
Submitted by,
Kerry Saxton, Office Manager Date
Wright SWCD
A
5975 Main Avenue ti.l~
P.O. Box 9
Albertville, NIN 55301
(612) 497 3384
Fax: (612) 497-3210
23 August 1995
Mr. Jim Omann
Omann Brothers Inc.
Box 113
Hanover, NT IN 55341
RE: Albertville - Revision to Approved Site & Building Plans
FILE: 163.05
Dear Mr. Omann,
Your request to eliminate the two vehicular access gates which face Highway 19 on either side of the
principal building that were originally approved as part of the project has been considered by the
City's Consulting Planner, Engineer and Attorney and has been reviewed in relation to existing
Zoning Ordinance requirements. While the consultants concur that installing the gates as shown on
approved plans is best, the elimination of at least one gate may be acceptable, however, the Zoning
Ordinance requires that any changes to previously approved plans be subsequently approved by the
City Council. Furthermore, the City Building Inspector must consider the removal of gates in relation
to building and fire codes and must also approve this change.
Ideally the gates are viewed as being beneficial, and when locked should secure the property
adequately. However, an option might be to eliminate one of the gates rather than both or instead
of gates, install removable fence sections, so that when desired or critically necessary, easy access is
maintained to all sides of the building.
Upon your request, this item can be placed on the 5 September 1995 City Council agenda. If you
have any questions or comments, please call.
Sincerely,
City of Albertville
Garrison Hale
Administrator
PC: Mike Couri
David Licht / Elizabeth Stockman
Pete Carlson
Kevin tilealhouse
WilEam S. Radzwill
Andrew J. MacArthur
Michael C. Couri
August 23, 1995
MLDCO, Inc.
Route 2
Box 89
Sandstone, MN 55072
RADZWILL & CO URI
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
Re: Grading of Lot 1, Block 1, MLDCO First Addition.
Dear MLDCO, Inc.:
It has come to the attention of the Albertville City Council
that Lot 1, Block 1 of MLDCO First Addition has not been graded
according to the grading plan attached to the Developer's
Agreement. As you are aware, the Developer's Agreement requires
MLDCO to complete all improvements to a lot within 60 days of the
issuance of an occupancy permit for the lot in question (see
paragraph 1 of Developer's Agreement). The occupancy permit on
this lot was issued more than 60 days ago. This letter will serve
as notice to you that the City considers the failure to properly
grade the lot a default under the terms of the Developer's
Agreement.
As you are also aware, the City still retains a letter of
credit supplied by you to the City for the purposes of insuring
that the requirements of the Developer's Agreement are fully
performed in a timely manner. If you fail to perform the required
work, the City has the right to have the work performed and pay for
it from monies drawn on the letter of credit after giving you 30
days notice of the default (see paragraph 9 of the Developer's
Agreement).
Clearly the City would prefer that you grade the lot to
specifications. This would alleviate the need for the City to draw
on the letter of credit and would allow you to do the work at a
price that is satisfactory to you.
However, if you fail to properly grade the lot within 30 days
from the date of this letter, the City will consider you in
XLDCO, Inc.
August 23, 1995
Page Two
default of the terms of the Developer's Agreement. The City will
then have the grading performed and will pay for the grading from
monies withdrawn from your letter of credit (the City will also
reimburse itself from the letter of credit for all expenses related
to the default).
If you have any questions related to this matter, please feel
free to contact me.
sincerely,
Michael C. Couri
RADZWILL LAW OFFICE
cc: Albertville City Council
Frankfort Township
August 24, 1995
Suzanne Ackerman, Councilmember
City of Otsego
8899 Nashua Avenue N.E.
Elk River, MN 55330
RE: UNIFORM CURFEW ORDINANCE
Dear Ms.Ackerman:
Sin
This letter is in response to your correspondence dated August 7,
1995 for the above reference.
The Town Board discussed this issue at their August 21st meeting.
The consensus being that they are not interested to participate, at
this time. However, the Board does understand the cities concerns
for such an ordinance.
We would like to thank you for the consideration of the township in
this process.
Sincerely,
harr J. BeInirankfort Top Clerk/Zoning Administrator
cc: Sharon Anderson, City of Albertville
P.O. Box 113 • 12239 - 42nd Street NorthEast
St. Michael, Mirrncsota 55376 • PHONE (612) 497-2229
JNTY 04* WRIGHT COUNTY �h
O
Office of County Attorney
s Z
p m Wright County Government Center
�6. O 10 2nd Street N. W., Room 150
dy Buffalo, Minnesota 55313-1189
?8845
Wyman A. Nelson Phone: (612) 682-7340
Assistants
County Attorney haupt
Toll Free: 1-800-362-3667 Fax: (612) 682-7700 Anne C
Thomas C. . ZZiinsns
Thomas N. Kelly Terry Frazier
Chief • Criminal Division Kathleen A. Afoul
Scott M. Sandberg
Brian J. Asleson MEMO
Chief • Civil Division Victim/Witness
Assistance Coordinator
Barbara S. Ferch
TO: Cities, Towns and School Districts in Wright County
FROM: Brian J. Asleson, Assistant County Attorney
DATE: August 22, 1995
RE: Minnesota Statutes, Section 115A.471
Public Entities; Management of Solid Waste
The 1995 Minnesota Legislature, as a part of the annual amendments
to the Waste Management Act, created a new law which may impact
your contracting with private waste hauling companies for garbage
collection services. This new law mandates certain procedures
which a public entity must follow if it decides to contract for a
waste management practice which is different from that selected by
the county in its solid waste plan filed with the state.
As you probably know, Wright County has selected mixed municipal
solid waste composting as its method for dealing with waste
generated in the county. This selection was made as a part of the
county's solid waste plan, filed with the state.
From a practical standpoint, this new law affects you only for that
portion of your waste which is being landfilled, if any. If, under
your current waste management contract, you have mixed municipal
solid waste being landfilled, either in Minnesota or in other
states, the law requires that you develop a plan for dealing with
any potential liability related to the landfilling of waste and
submit that plan to the Minnesota Pollution Control Agency.
For your convenience, I have included a copy of the new statute and
a related statute with this memo. The new statute took effect on
June 15, 1995.
If you do have any questions regarding implementation of this new
law, I suggest you seek advice from your legal counsel.
cc: Chuck Davis, Wright County Planning and Zoning
115A.171 PUBLIC ENTITIES; NL" AGEI ENT OF SOLID WASTE.
(a) Prior to entering into or approving a contract for the management of mixed municipal
solid waste which would manage the waste using a waste management practice that is ranked
lower on the list of preferred waste management practices in section 115A.02, paragraph (b),
than the waste management practice selected for such waste in the counvy plan for the count
in which the waste was generated. a public entity must:
(1) determine the potential liability to the nublic entity and its taxDavers for managing the
waste in this manner:
(2) develop and implement a olan for many ing the potential liability; and
(3) submit the information from clauses (1) and (2) to the agency.
(b) For the purpose of this subdivision. "public entit r" means the state; an office, agency,
or institution of the state: the metropolitan council: a metropolitan agency; the metropolitan
mosquito control district; the legislature: the courts; a county; a statutory or home rule
charter city; a town: a school district: another special taxing district; or any other zene---ai or
speval purpose unit of Povernment in the state.
115A.42 LEGISI.?,= DECLARATION OF POLICY; PURPOSES.
(a) It is the goal of this chapter to protect the slate's land, air, water, and other nat-
ural resources -and the public health by improving waste management in the state to
serve the following purposes:
(1) reduction in the amount and toxicity of waste generated;
(2) separation and recovery of materials and energy from waste;
(3) reduction in indiscriminate dependence on disposal of waste;
(4) coordination of solid waste management among political subdivisions; and
(5) orderly and deliberate development and financial security of waste facilities
including disposal facilities.
(b) The waste management goal of the state is to foster an integrated waste man-
agement system in a manner appropriate to the characteristics of the waste stream and
thereby protect the slate's land, air, water, and other natural resources and the public
health. The following waste management practices are in order of preference:
(1) waste reduction and reuse;
(2) waste recycling;
(3) composting of yard waste and food waste;
(4) resource recovery through mixed municipal solid waste composting or inciner-
ation; and
(5) land disposal.
06-24-1995 12:50FM FROM RADZWILLLAWCFFICE TO 49732
MEMORANDUM
TO: GARY HALE, CITY ADMINISTRATOR
FROM: MIKE COURI
SUBJECT: JAMES YOUNG; SUB CULTURE CIGARETTE LICENSE APPLICATION
DATE: AUGUST 24, 1995
I am unable to identify any other business licenses needed by
Mr. James Young in order to qualify for the issuance of a cigarette
license in his own name. If a license is to be issued in the name
of Sub -Culture, Sub -Culture must be either a corporation or a sole
proprietor who has registered with the state under the assumed name
"Sub -Culture."
However, the nature of Mr. Young,'s proposed business regarding
the sale of tobacco products raises zoning issues which should be
discussed at the City Council meeting on September 5, 1995.
cc: Liz Stockman
iD
DRAFT
August 25, 1995
DENNIS FERN GRAVEL AND EXCAVATING, INC.
PLANNED UNIT DEVELOPMENT ZONING AGREEMENT
AGREEMENT dated , 1995, by and between the
CITY OF ALBERTVILLE, a Minnesota municipal corporation ("City"),
and Dennis Fehn Gravel and Excavating, Inc., Dennis Fehn and Bertha
Fehn, (collectively "Developer").
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of parcels
of land legally described below ("Subject Property") upon which
Developer has applied to the City for permission to construct an
office building; and
WHEREAS, said Subject Property is currently zoned for
industrial use, but is currently used for both residential and
industrial uses; and
WHEREAS, several buildings currently located on the Subject
Property are located over property lines or within the setback
lines delineated within the City's ordinances; and
WHEREAS, the City has granted Developer's request to construct
an office building contingent upon completion and continuing
compliance with certain City requirements including, but not
limited to, matters set forth herein and the rezoning of the
Subject Property as a Planned Unit Development ("PUD"); and
WHEREAS, the City further requires that certain site
improvements be installed by the Developer within and about the
Subject Property, and that Developer post a surety with the City
for the completion of said site improvements, and that the
Developer at all times comply with certain other restrictions
related to the use of the Subject Property as detailed in this
agreement;
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 use of the Subject Property;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of the City's rezoning of the Subject Property to PUD
Zoning, Developer agrees as follows:
1. Request for Planned Unit Development Zoning Approval. The
property owners have asked the City to approve a Planned Unit
Development (PUD) zoning in conjunction with the operation of
Dennis Fehn Gravel and Excavating, Inc. on the following
described properties ("Subject Property"):
Parcel 1:
Parcel 2:
Parcel 3:
Parcel 4:
2. Conditions of Approval. The City hereby approves the Planned
Unit Development zoning on condition that the Developer enters
into this Agreement and complies with its terms and
conditions.
3. Use of Premises. Developer agrees that the principal use of
said Property shall be for storage and maintenance of
equipment used in the Dennis Fehn Gravel and Excavating, Inc.
operation as well as office space for the same operation.
Subject to the restrictions below, Developer shall be allowed
to use the present house located on the Subject Property as a
residence. Developer agrees that the use of said Property
shall be strictly limited to the uses described herein (both
in quantity of use and type of use) unless otherwise agreed by
the City and Developer.
4. Changes in and Application of Official Controls. Nothing
herein shall be interpreted as limiting the City's ability to
amend its Comprehensive Plan, official controls, platting or
dedication requirements enacted after the date of this
Agreement, as they apply to this Agreement or otherwise.
Unless otherwise specifically contradicted by the terms of
this agreement, all official City controls and ordinances
presently existing or hereafter enacted shall apply to the
Subject -Property.
5. Development Plan. The Subject Property shall be developed in
accordance with the following plan, attached and incorporated
herein as Exhibit A.
6. Future Development/Change in Use. Further development of the
Subject Property or change in use beyond that established as
part of current approvals and addressed by this Agreement
shall require detailed development plan review, city council
approval, and agreement amendment prior to site development
and/or construction and/or use change.
2
7. Property Development and Use. Development and use of the
Subject Property shall comply with the following performance
standards:
a. All storage of machinery and equipment shall be located
within buildings or at the back of the property.
b. Should the City complete Barthel Industrial Drive south
to 50th Street, Developer agrees to eliminate its
property access onto 50th Street and utilize Barthel
Drive or other approved access agreed to by the City.
Said access shall be paved to the residence, except for
those portions of the access which will be traveled by
heavy equipment (heavy equipment areas shall be
constructed of gravel or other material approved by the
City Engineer).
C. Temporary drainage easement (This subparagraph to be
revised when easement option information is available
from Pete Carlson)
d. The existing fence height is not exceeded by the storage
of equipment and screen plantings are installed along the
western lot line and fence adjacent to the residential
properties, and around the proposed office building.
e. A parking area is provided for the proposed office
facility with at least eight parking spaces. Developer
shall pave the parking area with bituminous or other
surface approved by the City Engineer.
f. A full set of building plans shall be submitted to the
City Staff and consultants for review and approval prior
to the issuance of a building permit.
g. Developer may replace the existing barn structure with a
similar but smaller structure without modifying this
agreement, but Developer must obtain a building permit
for said structure.
h. Developer will combine all four parcels making up the
Subject Property into one lot prior to the transfer of
title of any of the four parcels and shall dedicate the
necessary 50th street right-of-way as required by
ordinance.
i. Should the City complete Barthel Industrial Drive south
to 50th Street, the City shall calculate any proposed
assessment upon the Subject Property as if the separate
parcels had not been combined such that the assessments
will take into account the lot -by -lot assessments applied
3
to the parcels from the 50th Street project. Developer
shall pay such assessment amounts.
j. Dennis and Bertha Fehn will be allowed to continue using
the house located on the Subject Property as their
single-family residence as long as they own the land that
currently makes up all four parcels of land and as long
as they own the business operated on the land.
k. Dennis and Berth Fehn will be allowed to transfer the
business and the land that makes up all four parcels to
a family member, and that family member can continue to
use the house located on the Subject Property as a
single-family residence, provided that family member
lives in the house, owns all four parcels of land that
comprise the Subject Property and owns the business
operated on the Subject Property. Should the occupant of
the house on the Subject Property be different from the
owner of the business operated on the Subject Property or
different from the owner of the Subject Property, the
Developer agrees that the use of said house as a single-
family residence shall cease and said house shall no
longer be used as a residence.
8. Construction and Installation of Site Improvements
a. Should Developer choose to construct the office building
as detailed on Exhibit 1 Developer shall also
construct all improvements associated with said office
building as detailed on the attached Exhibit ,
including a parking lot and landscaping as detailed in
Exhibit Said improvements shall be installed
within one year of completion of said building at the
sole expense of Developer.
b. 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.
9. 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
E
letter of credit
representing the
and engineering
Improvements ($_
shall be in the amount of $ ,
% of the estimated construction
costs for the installation of the Site
b. The City may draw on said letter of credit to complete
work not performed by Developer, 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
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 site 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 site improvements which have been
fully completed and payment made therefor. All such
5
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.
10. Surety Release. The developer may request of the City a
reduction or release of any surety provided for in conjunction
with the Site Improvements 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
for work performed 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
(350) of the original surety until the final costs
are known.
It is the intent of the City and Developer that said letter of
credit shall be released in its entirety when all site
improvements to the Property are completed as detailed in this
agreement.
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 stating that the letter of credit shall
automatically renew for a one-year period unless the issuer of
the letter of credit notifies the City of the issuer's intent
not to renew the letter of credit 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.
0
12. Developer's Expense. Installation of all site improvements
required by this agreement shall be at the sole expense of the
Developer.
13. Right of Entry. The Developer hereby grants the City, its
agents, employees, officers and contractors an irrevocable
right to enter the Subject Property to perform all reasonable
work and inspections deemed appropriate by the City in
conjunction with the rezoning.
14. Clean Up._ The Developer shall daily clean dirt and debris
from public streets that has resulted from construction work
by the Developer, their agents or assigns.
15. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall
pay all costs incurred by it or the City in conjunction
with the development of the PUD, except that Developer
shall not be charged for any professional planning costs
related to the PUD and incurred by the City up to the
date this agreement is signed, and the Developer shall
pay 50% of all attorney's fees related to the PUD and
incurred by the City up to the date this agreement is
signed. Developer shall pay all reasonable costs and
expenses incurred by the City in monitoring and
inspecting development of the PUD, including but not
limited to, legal, engineering and planning expenses.
B. The Developer shall hold the City and its officers and
employees harmless from claims made by itself and third
parties for damages sustained or costs incurred resulting
from PUD approval and development. The Developer shall
indemnify the City and its officers and employees for all
costs, damages, or expenses which the City may pay or
incur in consequence of such claims, including attorneys'
fees.
C. The Developer shall reimburse the City for any and all
costs incurred in the enforcement of this agreement,
including reasonable attorneys' fees.
D. The Developer shall pay in full all bills submitted to it
by the City for obligations incurred under this agreement
within thirty (30) days after receipt. If the bills are
not paid on time, the City may halt all PUD development
work and construction, including but not limited to the
issuance of building permits, until the bills are paid in
full. Bills not paid within thirty (30) days shall
accrue interest at the rate of eighteen percent (18%) per
year.
7
16. Miscellaneous.
a. The Developer represents that to the best of its
knowledge, the PUD complies with the city, county,
metropolitan, state and federal laws and regulations,
including but not limited to zoning ordinances and
environmental regulations. If the City determines that
the PUD does not comply, the City may, at its option,
refuse to allow construction or development work in the
PUD until the Developer does comply. Upon the City's
demand, the Developer shall cease work until there is
compliance.
b. Third parties shall have no recourse against the City
under this Agreement.
C. Breach of the terms of this Agreement by the Developer
shall be grounds for denial of building permits.
d. If any portion, section, subsection, sentence, clause,
paragraph, or phrase of this Agreement is for any reason
held invalid, such decision shall not affect the validity
of the remaining portion of this Agreement.
e. The action or inaction of the City shall not constitute
a waiver or amendment to the provisions of this
Agreement. To be binding, amendments or waivers shall be
in writing, signed by the parties and approved by written
resolution of the City Council. The City's failure to
promptly take legal action to enforce this agreement
shall not be a waiver or release.
f. This Agreement shall run with the land and may be
recorded against the title to the property.
g. Each right, power or remedy herein conferred upon the
City is cumulative and in addition to every other right,
power or remedy, express or implied, now or hereafter
arising, available to City, at law or in equity, or under
any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be
exercised from time to time as often and in such order as
may be deemed expedient by the City and shall not be a
waiver of the right to exercise at any time thereafter
any other right, power or remedy.
17. Violation of Agreement.
a. In the case of default by the Developer its successors or
assigns, of any of the covenants and agreements herein
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledge before me this
day of , 1995, by Michael Potter, 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
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledge before me this
day of , 1995, by Linda Houghton, Clerk of the
City of Albertville, a Minnesota municipal corporation, on behalf
of the City and pursuant to the authority of the city council.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledge before me this
day of , 1995, by ,
of Dennis Fehn Gravel and Excavating, Inc., a
Minnesota corporation, on behalf of and under the authority of said
corporation.
Notary Public
11
STATE OF MINNESOTA
ss.
COUNTY OF WRIGHT
The foregoing instrument was acknowledge before me this
day of , 1995, by Dennis Fehn and Bertha
Fehn, personally.
Drafted by:
Radzwill Law Office
PO Box 369
St. Michael, MN 55376
12
Notary Public
Rough Draft
August 29, 1995
DEVELOPER'S AGREEMENT
PARKSIDE 3RD ADDITION
THIS AGREEMENT, entered into this day of ,
1995 by and between Kent Roessler and Kenco Construction, Inc.,
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 "Parkside Third 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 Parkside Third 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 and other properties
affected by the development of Developer's land, to be installed
and financed by Developer;
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, 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 other
site -related 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
1
consideration of each party's promises and considerations herein
set forth, as follows:
1. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal
Improvements located on and off Said Plat as detailed in
the Plans and Specifications for Parkside Third Addition,
__
as prepared by ____ _ ___ __ _ _ , dated
and as on file with the City Clerk,
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 a regular basis.
Said improvements shall be installed by September 30,
1996, unless a later date is specified by the City
Engineer.
B. The Developer warrants to the City for a period of two
years from the date the City accepts the project 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. Developer shall provide the City with lien waivers from
all contractors and subcontractors engaged to construct
said improvements. Should Developer fail to provide the
City with all applicable lien waivers, the City reserves
the right to draw upon Developer's surety and pay any
contractors who performed work on any Municipal
Improvements and whom Developer has failed to fully pay
for the performance of said work.
2. Reimbursement of Costs Related to the Installation of Certain
Municipal Improvements.
The City recognizes that Developer is installing a sanitary
sewer trunk line ("Trunk Line") which will benefit properties
in addition to those owned or controlled by Developer. Said
Trunk Line is identified on the attached Exhibit As a
consequence of Developer's installation of the Trunk Line:
A. The City shall establish a system of trunk sanitary sewer
line fees and charges applicable to all property
2
projected to be served by the Trunk Line. Said fees
shall be collectable from each parcel of land benefited
by the Trunk Line prior to final plat approval of said
land.
B. Developer shall acquire all permanent and temporary
easements necessary for the installation of the Trunk
Line, and shall dedicate all such easements to the City,
all at Developer's sole expense. All such easements must
be approved by the City Engineer prior to their
dedication to the City.
C. The City agrees to reimburse to Developer, up to a
maximum of $ (representing % of the
cost of installing the Trunk Line) , any trunk line access
fees collected from lands which connect into said Trunk
Line, but only to the extent that said trunk line access
fees are directly attributable to the costs associated
with the Trunk Line and paid by Developer. If additional
trunk line fees are required of other lands to offset
additional trunk -line related costs of the City, said
additional fees shall belong solely to the City.
D. The City's obligation to reimburse developer shall exist
only to the extent that the City collects said trunk line
charges as detailed in subparagraph C. above, and no
other City monies shall be used to reimburse Developer.
Reimbursement to the Developer by the City of qualifying
monies shall occur quarterly. The City's obligation to
reimburse Developer under this paragraph shall cease on
, regardless of whether Developer shall
have received any reimbursement by said date.
E. Developer shall be eligible for reimbursement under this
paragraph only if the Trunk Line is installed by the
lowest responsible bidder as determined by the City
Council in accordance with all applicable provisions of
Minnesota Statutes §471.345.
F. For all lands highlighted on the map attached as Exhibit
, Developer shall receive a trunk line fee credit in
an amount which reflects the proportionate cost of the
Trunk Line paid by Developer which is applicable to the
highlighted property. The proportionate cost shall
consist of % of the construction cost (the
construction cost shall be the lowest responsible bid
along with adjustments for change orders that have been
approved by the City Council) plus applicable engineering
fees, all as approved by the City Council. Said credit
shall arise upon final platting of said lands and shall
be offset against the trunk line fees due as a result of
the development of said lands. It is the intent of the
parties that if it is projected that the City will need
to expend additional funds (for lift stations, trunk
lines, etc.) to serve all of the land projected to be
served by the Trunk Line, these additional costs will be
factored into the trunk line fees to be paid by all
landowners, including Developer, and Developer shall pay,
on an acre -by -acre basis, the net difference between the
total per -acre trunk line costs and the per -acre credit
from the installation of the Trunk Line.
3. construction of on- and Off -Site Improvements.
A. Developer shall construct all on- and off -site
improvements including installation of boulevards, street
signs, traffic signs, yard top soil, sod in all front and
side yards, grass seeding in back yards, 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, and
erosion control, all as detailed in attached Exhibits
and Said on- and off -site improvements
shall be installed no later than June 30, 199 , with
the exception of erosion control, drainage swales and
berming, which shall be installed upon initial grading of
Subject Property. Developer shall also comply with the
landscaping plan as provided in this document.
B. Developer shall, at its own expense, cause the following
items to be installed within the development, all such
items to be installed under ground, within the street
right of way, accessible to all lots and in compliance
with all applicable state and local regulations:
i. Electrical power supply, to be provided by Northern
States Power or other such carrier;
ii. Natural gas supply, to be provided by Minnegasco or
other such carrier;
iii. Telephone service, to be provided by United
Telephone Company;
iv. Jones Intercable.
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 and in conformance with the Manual on
11
Uniform Traffic Control Devices.
C. Developer has submitted a utility plan for Said Plat
showing all existing and proposed utility lines and
easements, attached and incorporated herein as Exhibit
Developer agrees to have all utilities
installed according to this plan.
D. 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.
E. Notwithstanding the requirements of subparagraph A.
above, the Developer shall install to the City's
satisfaction the improvements shown in Exhibit for
each lot or parcel 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 said improvements shall be so completed by the
following June 15th.
F. Developer shall install storm water
retention/water quality ponds upon Said Plat as follows:
i. (Details of pond and exhibit)
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 regarding said retention
pond on all lots within Said Plat. Said
restrictions and covenants shall be in a form
acceptable to the City attorney, shall require all
landowners within said plat to maintain the pond,
and shall allow the City to maintain said pond and
assess the costs of maintenance back to all
landowners in Said Plat without objection in the
event the landowners do not maintain said pond.
4. Intended Use of Subdivision Lots.
W1
It is the Developer's and City's intent that single-family
detached dwelling units be constructed on the lots in Said
Plat (one unit on each lot). Developer agrees that it shall
not construct any units other than said single-family detached
dwelling units, and also agrees that said construction shall
be subject to the following restrictions:
A. For each lot in Said Plat, Developer shall record on the
property records of the Wright County Recorder's office
the restrictive covenants attached and incorporated
herein as Exhibit
5. Surety Requirements.
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
$ , representing the sum of % of the
estimated construction and engineering costs for the
installation of the Municipal Improvements ($ ),
plus % of the estimated cost of installing
the Site Improvements ($ )•
B. The City may draw on said letter of credit to complete
work not performed by Developer (including but not
limited to on- and off -site improvements, Municipal
Improvements described above, erosion control, and other
such measures), 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
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
0
Cc9
costs and expenses related to the projects) 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 as follows:
i. When another acceptable letter of credit is
furnished to the City to replace a prior letter of
credit.
ii. When all or a portion of the on- and off -site
improvements have been installed, the letter of
credit may be reduced by the dollar amount
attributable to that portion of improvements so
installed.
iii. As to all requests brought under this paragraph A,
the City Council shall have complete discretion
7
whether to reduce or not reduce said letter of
credit.
B. The costs incurred by the City in processing any
reduction request shall be billed to the Developer and
paid to the City within thirty (30) days of billing.
7. 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 the above -mentioned surety for the purpose of
paying the costs referred to in this paragraph.
8. Developer To Pay City's Costs and Expenses. It is understood
and agreed that the Developer will reimburse the City for all
administrative, legal, planning, engineering and other
professional costs incurred in the creation, administration,
enforcement or execution of this Agreement and the approval of
the Parkside Third Addition plat, as well as all engineering
expenses incurred by the City in designing, approving,
installing, and inspecting said Improvements described above.
Developer agrees to pay all such costs within 30 days of
billing by the City. If Developer fails to pay said amounts,
Developer agrees to allow the City to reimburse itself from
said surety and/or assess the amount owed against any or all
of the Said Plat without objection.
9. Erosion and Siltation Control. Before any grading is started
on any site, all erosion control measures as shown on the
approved erosion control plan shall be strictly complied with
as set forth in Exhibit "C", which is hereto attached and
t
herein incorporated by reference. Developer shall also
install all erosion control measures deemed necessary by the
City Engineer should the erosion control plan prove inadequate
in any respect.
10. Ditch Cleaning.
As part of the grading of the site and prior to the issuance
of any building permits, Developer shall clean that certain
ditch detailed on the attached Exhibit Developer
shall clean said ditch in the manner and to• the extent
required by the City Engineer, all at Developer's sole
expense. Developer shall obtain all necessary permits from
federal, state, county or city authorities prior to beginning
work on said ditch.
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.
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,
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
W
MEMORANDUM
TO: GARY HALE, CITY ADMINISTRATOR
FROM: MIKE COURI
SUBJECT: ASSESSMENT OF BENEFITS OF COUNTY HIGHWAYS 19 & 37
IMPROVEMENT
DATE: AUGUST 17, 1995
It is my understanding that the proposed realignment of County
Highway 37 and the proposed upgrade of County Highway 19 will be
done as a joint city/county funded project, with the City obtaining
the necessary right-of-ways and paying for the cost of certain
portions of the improvement (e.g. curb and gutter). While the City
can fund these improvements out of general funds, it can also
specially assess these costs to benefiting landowners under
Minnesota Statutes Chapter 429.
If the City decides to special assess the project, the City
must coordinate its actions with the county to insure that all
requirements of Chapter 429 have been met. My recommendations are
as follows:
1. The Council should first decide whether it is interested in
specially assessing the project. If so, the Council should
call for a feasibility study to be prepared (most likely to be
prepared by the County Highway Engineer) detailing the work to
be done and the estimated costs of the project, including the
portion of the project that the City will be funding. The
county and City should have already agreed to a cost sharing
formula at this point so that the City is able to get an idea
of the costs it will be expected to pay.
2. The Council should then accept the feasibility study and call
a public "improvement" hearing to consider the project and
properly notice the hearing to all landowners who are to be
assessed. The Council should direct the City engineer to
prepare a preliminary listing of the properties that will
receive benefit and estimate the amount to be assessed to each
property and estimate the amount of the total project cost the
City will pay, if any. It is advisable that the City retain
an appraiser at this point to help determine what the benefit
to the abutting property owners would be.
3. If, after the hearing, the Council wishes to proceed with the
project, the Council will need to approve the project by a
4/5ths vote. The Council must approve the project within 6
months of the public hearing or it will have to start the
1
hearing process over again.
4. If the project is approved, the Council should pass an IRS
bond reimbursement resolution if the project is to be funded
through the issuance of a bond.
5. Once approved, plans and specs should be prepared (by the
County Highway Department) and approved by the City Council.
6. The project then should be bid.
7. The Council has the option of assessing the project
immediately after bids are received and let, provided
acceptance of the bid by the City would be voided if any
landowners appealed the assessment. This has the advantage of
allowing the City to know in advance if an appeal is to be
expected. The Council can then modify the project or the way
it is to be assessed without first going to court.
8. If the project is not assessed immediately after bids are let,
the Council should follow normal assessment procedures once
all costs are in.
9. The Council must be careful that it does not approve the
project or otherwise commit itself to pay for the project
prior to conducting a public hearing with the landowners to be
assessed. Also, County approval of the project should come
after the City holds its public improvement hearing and has
approved the project. This will allow for modifications to
the project as a result of the public hearing process prior to
approval by the County.
10. The County engineer should work closely with the City engineer
regarding the timing of the project and the costs. Any change
orders which the City will be expected to pay must come to the
City Council for approval, preferably after a favorable
recommendation from the City engineer.
11. If the City is going to pay the right-of-way acquisition
costs, the City should be careful not to acquire the right-of-
way prior to holding the public hearing and approving the
project. However, the City can acquire options on the right-
of-way before the project is approved. This would fix the
cost of the right-of-way before the public hearing, which in
turn would allow the City to better gauge the cost of the
project at the public hearing stage without committing the
City to purchasing the properties until the project has been
approved.
12. The cost -sharing agreement with the county should specifically
reference the fact that the City may be assessing the project.
I would like to review the language of the contract prior to
K
its approval by either the county or the City so that the
language imposes as few restrictions as possible on what costs
the City can assess.
If you have any questions regarding this process, please
contact me.
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12. Developer's Expense. Installation of all site improvements
required by this agreement shall be at the sole expense of the
Developer.
13. Right of Entry. The Developer hereby grants the City, its
agents, employees, officers and contractors an irrevocable
right to enter the Subject Property to perform all reasonable
work and inspections deemed appropriate by the City in
conjunction with the rezoning.
14. Clean Up. The Developer shall daily clean dirt and debris
from public streets that has resulted from construction work
by the Developer, their agents or assigns.
15. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall
pay all costs incurred by it or the City in conjunction
with the development of the PUD, except that Developer
shall not be charged for any professional planning costs
related to the PUD and incurred by the City up to the
date this agreement is signed, and the Developer shall
pay 50% of all attorney's fees related to the PUD and
incurred by the City up to the date this agreement is
signed. Developer shall pay all reasonable costs and
expenses incurred by the City in monitoring and
inspecting development of the PUD, including but not
limited to, legal, engineering and planning expenses.
B. The Developer shall hold the City and its officers and
employees harmless from claims made by itself and third
parties for damages sustained or costs incurred resulting
from PUD approval and development. The Developer shall
indemnify the City and its officers and employees for all
costs, damages, or expenses which the City may pay or
incur in consequence of such claims, including attorneys'
fees.
C. The Developer shall reimburse the City for any and all
costs incurred in the enforcement of this agreement,
including reasonable attorneys' fees.
D. The Developer shall pay in full all bills submitted to it
by the City for obligations incurred under this agreement
within thirty (30) days after receipt. If the bills are
not paid on time, the City may halt all PUD development
work and construction, including but not limited to the
issuance of building permits, until the bills are paid in
full. Bills not paid within thirty (30) days shall
accrue interest at the rate of eighteen percent (18%) per
year.
7
16. Miscellaneous.
a. The Developer represents that to the best of its
knowledge, the PUD complies with the city, county,
metropolitan, state and federal laws and regulations,
including but not limited to zoning ordinances and
environmental regulations. If the City determines that
the PUD does not comply, the City may, at its option,
refuse to allow construction or development work in the
PUD until the Developer does comply. Upon the City's
demand, the Developer shall cease work until there is
compliance.
b. Third parties shall have no recourse against the City
under this Agreement.
C. Breach of the terms of this Agreement by the Developer
shall be grounds for denial of building permits.
d. If any portion, section, subsection, sentence, clause,
paragraph, or phrase of this Agreement is for any reason
held invalid, such decision shall not affect the validity
of the remaining portion of this Agreement.
e. The action or inaction of the City shall not constitute
a waiver or amendment to the provisions of this
Agreement. To be binding, amendments or waivers shall be
in writing, signed by the parties and approved by written
resolution of the City Council. The City's failure to
promptly take legal action to enforce this agreement
shall not be a waiver or release.
f. This Agreement shall run with the land and may be
recorded against the title to the property.
g. Each right, power or remedy herein conferred upon the
City is cumulative and in addition to every other right,
power or remedy, express or implied, now or hereafter
arising, available to City, at law or in equity, or under
any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be
exercised from time to time as often and in such order as
may be deemed expedient by the City and shall not be a
waiver of the right to exercise at any time thereafter
any other right, power or remedy.
17. 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 related to construction of any site
improvements, the City shall give Developer seven (7)
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 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 17a. of this Agreement shall not apply to any
acts or rights of the City under paragraph eleven (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.
18. Developer Bound by Contract. Developer shall be personally
liable for the fulfillment of all obligations under this
Contract. Assignment of this contract shall not relieve
Developer of its obligations related to the construction of
the Site Improvements described herein.
19. 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.
20. Agreement Effect. This agreement shall be binding upon and
extend to the representatives, heirs, successors and assigns
of the parties hereto.
21. Notices. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer,
its employees or agents, or mailed to the Developer by
registered mail at the following address:
Dennis Fehn Gravel Excavating, Inc.
`J,
11900 50th Street N.E.
Albertville, MN 55301
Notices to the City shall be in writing and mailed to the City
by registered mail or hand delivered to the city clerk, at the
following address:
Albertville City Clerk
P.O. Box 9
Albertville, MN 55301
CITY OF ALBERTVILLE
By:
Michael Potter, Mayor
By:
Linda Houghton, City Clerk
DENNIS FEHN GRAVEL AND EXCAVATING, INC.
By:
Its:
DENNIS FEHN
BERTHA FEHN
10
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledge before me this
day of , 1995, by Michael Potter, 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
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledge before me this
day of , 1995, by Linda Houghton, Clerk of the
City of Albertville, a Minnesota municipal corporation, on behalf
of the City and pursuant to the authority of the city council.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledge before me this
day of , 1995 by
of
Minnesota corporation,
corporation.
,
Dennis Fehn Gravel and Excavating, Inc., a
on behalf of and under the authority of said
11
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF WRIGHT
The foregoing instrument was acknowledge before me this
day of 1995, by Dennis Fehn and Bertha
Fehn, personally.
Drafted by:
Radzwill Law Office
PO Box 369
St. Michael, MN 55376
12
Notary Public
Rough Draft
August 29, 1995
DEVELOPER'S AGREEMENT
PARKSIDE 3RD ADDITION
iz
THIS AGREEMENT, entered into this day of ,
1995 by and between Kent Roessler and Kenco Construction, Inc.,
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 "Parkside Third 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 Parkside Third 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 and other properties
affected by the development of Developer's land, to be installed
and financed by Developer;
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, 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 other
site -related 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
1
consideration of each party's promises and considerations herein
set forth, as follows:
1. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal
Improvements located on and off Said Plat as detailed in
the Plans and Specifications for Parkside Third Addition,
as prepared by ____ ___ dated
and as on file with the City Clerk,
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 a regular basis.
Said improvements shall be installed by September 30,
1996, unless a later date is specified by the City
Engineer.
B. The Developer warrants to the City for a period of two
years from the date the City accepts the project 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. Developer shall provide the City with lien waivers from
all contractors and subcontractors engaged to construct
said improvements. Should Developer fail to provide the
City with all applicable lien waivers, the City reserves
the right to draw upon Developer's surety and pay any
contractors who performed work on any Municipal
Improvements and whom Developer has failed to fully pay
for the performance of said work.
2. Reimbursement of Costs Related to the Installation of Certain
Municipal Improvements.
The City recognizes that Developer is installing a sanitary
sewer trunk line ("Trunk Line") which will benefit properties
in addition to those owned or controlled by Developer. Said
Trunk Line is identified on the attached Exhibit As a
consequence of Developer's installation of the Trunk Line:
A. The City shall establish a system of trunk sanitary sewer
line fees and charges applicable to all property
2
projected to be served by the Trunk Line. Said fees
shall be collectable from each parcel of land benefited
by the Trunk Line prior to final plat approval of said
land.
B. Developer shall acquire all permanent and temporary
easements necessary for the installation of the Trunk
Line, and shall dedicate all such easements to the City,
all at Developer's sole expense. All such easements must
be approved by the City Engineer prior to their
dedication to the City.
C. The City agrees to reimburse to Developer, up to a
maximum of $ (representing % of the
cost of installing the Trunk Line), any trunk line access
fees collected from lands which connect into said Trunk
Line, but only to the extent that said trunk line access
fees are directly attributable to the costs associated
with the Trunk Line and paid by Developer. If additional
trunk line fees are required of other lands to offset
additional trunk -line related costs of the City, said
additional fees shall belong solely to the City.
D. The City's obligation to reimburse developer shall exist
only to the extent that the City collects said trunk line
charges as detailed in subparagraph C. above, and no
other City monies shall be used to reimburse Developer.
Reimbursement to the Developer by the City of qualifying
monies shall occur quarterly. The City's obligation to
reimburse Developer under this paragraph shall cease on
, regardless of whether Developer shall
have received any reimbursement by said date.
E. Developer shall be eligible for reimbursement under this
paragraph only if the Trunk Line is installed by the
lowest responsible bidder as determined by the City
Council in accordance with all applicable provisions of
Minnesota Statutes §471.345.
F. For all lands highlighted on the map attached as Exhibit
Developer shall receive a trunk line fee credit in
an amount which reflects the proportionate cost of the
Trunk Line paid by Developer which is applicable to the
highlighted property. The proportionate cost shall
consist of % of the construction cost (the
construction cost shall be the lowest responsible bid
along with adjustments for change orders that have been
approved by the City Council) plus applicable engineering
fees, all as approved by the City Council. Said credit
shall arise upon final platting of -said lands and shall
be offset against the trunk line fees due as a result of
3
the development of said lands. It is the intent of the
parties that if it is projected that the City will need
to expend additional funds (for lift stations, trunk
lines, etc.) to serve all of the land projected to be
served by the Trunk Line, these additional costs will be
factored into the trunk line fees to be paid by all
landowners, including Developer, and Developer shall pay,
on an acre -by -acre basis, the net difference between the
total per -acre trunk line costs and the per -acre credit
from the installation of the Trunk Line.
3. Construction of On- and Off -Site Improvements.
A. Developer shall construct all on- and off -site
improvements including installation of boulevards, street
signs, traffic signs, yard top soil, sod in all front and
side yards, grass seeding in back yards, 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, and
erosion control, all as detailed in attached Exhibits
and Said on- and off -site improvements
shall be installed no later than June 30, 199 , with
the exception of erosion control, drainage swales and
berming, which shall be installed upon initial grading of
Subject Property. Developer shall also comply with the
landscaping plan as provided in this document.
B. Developer shall, at its own expense, cause the following
items to be installed within the development, all such
items to be installed under ground, within the street
right of way, accessible to all lots and in compliance
with all applicable state and local regulations:
i. Electrical power supply, to be provided by Northern
States Power or other such carrier;
ii. Natural gas supply, to be provided by Minnegasco or
other such carrier;
iii. Telephone service, to be provided by United
Telephone Company;
iv. Jones Intercable.
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 and in conformance with the Manual on
0
Uniform Traffic Control Devices.
C. Developer has submitted a utility plan for Said Plat
showing all existing and proposed utility lines and
easements, attached and incorporated herein as Exhibit
Developer agrees to have all utilities
installed according to this plan.
D. 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.
E. Notwithstanding the requirements of subparagraph A.
above, the Developer shall install to the City's
satisfaction the improvements shown in Exhibit for
each lot or parcel 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 said improvements shall be so completed by the
following June 15th.
F. Developer shall install storm water
retention/water quality ponds upon Said Plat as follows:
i. (Details of pond and exhibit)
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 regarding said retention
pond on all lots within Said Plat. Said
restrictions and covenants shall be in a form
acceptable to the City attorney, shall require all
landowners within said plat to maintain the pond,
and shall allow the City to maintain said pond and
assess the costs of maintenance back to all
landowners in Said Plat without objection in the
event the landowners do not maintain said pond.
4. Intended Use of Subdivision Lots.
5
It is the Developer's and City's intent that single-family
detached dwelling units be constructed on the lots in Said
Plat (one unit on each lot). Developer agrees that it shall
not construct any units other than said single-family detached
dwelling units, and also agrees that said construction shall
be subject to the following restrictions:
A. For each lot in Said Plat, Developer shall record on the
property records of the Wright County Recorder's office
the restrictive covenants attached and incorporated
herein as Exhibit
5. Surety Requirements.
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
$ , representing the sum of % of the
estimated construction and engineering costs for the
installation of the Municipal Improvements ($ ),
plus % of the estimated cost of installing
the Site Improvements ($ ).
B. The City may draw on said letter of credit to complete
work not performed by Developer (including but not
limited to on- and off -site improvements, Municipal
Improvements described above, erosion control, and other
such measures), 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
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
T
No
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 as follows:
i.- When another acceptable letter of credit is
furnished to the City to replace a prior letter of
credit.
ii. When all or a portion of the on- and off -site
improvements have been installed, the letter of
credit may be reduced by the dollar amount
attributable to that portion of improvements so
installed.
iii. As to all requests brought under this paragraph A,
the City Council shall have complete discretion
whether to reduce or not reduce said letter of
credit.
B. The costs incurred by the City in processing any
reduction request shall be billed to the Developer and
paid to the City within thirty (30) days of billing.
7. 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 the above -mentioned surety for the purpose of
paying the costs referred to in this paragraph.
8. Developer To Pay City's Costs and Expenses. It is understood
and agreed that the Developer will reimburse the City for all
administrative, legal, planning, engineering and other
professional costs incurred in the creation, administration,
enforcement or execution of this Agreement and the approval of
the Parkside Third Addition plat, as well as all engineering
expenses incurred by the City in designing, approving,
installing, and inspecting said Improvements described above.
Developer agrees to pay all such costs within 30 days of
billing by the City. If Developer fails to pay said amounts,
Developer agrees to allow the City to reimburse itself from
said surety and/or assess the amount owed against any or all
of the Said Plat without objection.
9. Erosion and siltation Control. Before any grading is started
on any site, all erosion control measures as shown on the
approved erosion control plan shall be strictly complied with
as set forth in Exhibit "C", which is hereto attached and
herein incorporated by reference. Developer shall also
install all erosion control measures deemed necessary by the
City Engineer should the erosion control plan prove inadequate
in any respect.
10. Ditch Cleaning.
As part of the grading of the site and prior to the issuance
of any building permits, Developer shall clean that certain
ditch detailed on the attached Exhibit Developer
shall clean said ditch in the manner and to• the extent
required by the City Engineer, all at Developer's sole
expense. Developer shall obtain all necessary permits from
federal, state, county or city authorities prior to beginning
work on said ditch.
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.
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,
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
0
12.
13.
may be withdrawn by the City from the surety described above
and/or assessed against any or all of Said Plat.
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.
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. 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.
i
C. If building permits are issued prior to the completion
and acceptance of public improvements, the Developer
assumes all liability and the costs resulting in delays
in completion of public improvements and damage to public
improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees,
agents, or third parties. No one may occupy a building
for which a building permit is issued on either a
temporary or permanent basis until the streets needed for
access have class five gravel and concrete curbing
installed, unless a specific exception is approved by the
City.
D. The action or inaction of the City shall not constitute
a waiver or amendment to the provisions of this Contract.
To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution
of the City Council. The City's failure to promptly take
legal action to enforce this Contract shall not be a
waiver or release.
E. This Contract shall run with the land and shall be
recorded against the title to the property. Developer
agrees to record Said Plat in the Wright County
Recorder's Office within three (3) business days of the
execution of this agreement by the City. After the
Developer has completed all work and obligations required
of it under this Contract (including the expiration of
the warranty period), at the Developer's request, the
10
City will execute and deliver to the Developer a release
of its obligations under this agreement.
F. 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.
G. The Developers represent to the City that the Plat
complies with all City, county, state and federal laws
and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and
environmental regulations. If the City determines that
the plat does not comply, the City may, at its option,
refuse to allow construction or development work in the
plat until the Developer so complies. Upon the City's
demand, the Developer shall cease work until there is
compliance.
H. Prior to the execution of this agreement and prior to the
start of any construction on the Subject Property,
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.
14. Draw on Expiring Letter of Credit. In the event a surety
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. The form of said
irrevocable letter of credit must 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
11
12.
13.
may be withdrawn by the City from the surety described above
and/or assessed against any or all of Said Plat.
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.
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. 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 remainingiportion of this Contract.
i
C. If building permits are issued prior to the completion
and acceptance of public improvements, the Developer
assumes all liability and the costs resulting in delays
in completion of public improvements and damage to public
improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees,
agents, or third parties. No one may occupy a building
for which a building permit is issued on either a
temporary or permanent basis until the streets needed for
access have class five gravel and concrete curbing
installed, unless a specific exception is approved by the
City.
D. The action or inaction of the City shall not constitute
a waiver or amendment to the provisions of this Contract.
To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution
of "the City Council. The City's failure to promptly take
legal action to enforce this Contract shall not be a
waiver or release.
E. This Contract shall run with the land and shall be
recorded against the title to the property. Developer
agrees to record Said Plat in the Wright County
Recorder's Office within three (3) business days of the
execution of this agreement by the City. After the
Developer has completed all work and obligations required
of it under this Contract (including the expiration of
the warranty period), at the Developer's request, the
10
City will execute and deliver to the Developer a release
of its obligations under this agreement.
F. 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.
G. The Developers represent to the City that the Plat
complies with all City, county, state and federal laws
and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and
environmental regulations. If the City determines that
the plat does not comply, the City may, at its option,
refuse to allow construction or development work in the
plat until the Developer so complies. Upon the City's
demand, the Developer shall cease work until there is
compliance.
H. Prior to the execution of this agreement and prior to the
start of any construction on the Subject Property,
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.
14. Draw on Expiring Letter of Credit. In the event a surety
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. The form of said
irrevocable letter of credit must 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
11
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. Upon failure to cure by Developer,
the City may thence immediately and without notice or
consent of the Developer use all of the deposited cash,
irrevocable letter of credit or other surety funds to
complete the Developer's obligations under this
agreement, 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 the 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.
Dedications to the Cit
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 and sewers and road right of ways to
the City. Prior to dedication, Developer shall provide
to the City "As-Builts" of all 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. Said dedications shall occur by
B. The Developer agrees to pay a park dedication fee in the
amount of $ (calculated on the basis of
$ .00 per lot times lots). Payment of said
fee shall occur prior to release of the final plat.
12
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
or expenses which the City may pay or incur in consequence of
such claims, including attorney's fees. Third parties shall
have no recourse against the City under this contract.
19. Developer Personally Bound by Contract. Those parties signing
on behalf of Developer (and the Developer, if the Developer is
a different entity than said parties) shall be personally
liable for the fulfillment of all obligations under this
Contract. The obligations of the Developer (and the parties
signing on behalf of Developer) under this Contract cannot be
assigned without the express written consent of the City
Council through Council resolution.
20. Professional Fees. The Developer will pay all reasonable
professional fees incurred by the City as a result of City
efforts to enforce the terms of this Agreement. Said fees
include-attorney's fees, engineer's fees, planner's fees, and
any other professional fees incurred by the City in attempting
to enforce the terms of this Agreement. The Developer will
also pay all reasonable attorney's and professional 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
13
following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (612) 497-3384
Kenco Construction, Inc.
c/o Kent Roessler
13736 N.E. Johnson St.
Ham Lake, MN 55304
Telephone: (612) 757-4052
22. Agreement Effect. This agreement shall be binding upon and
extend to the representatives, heirs, successors and assigns
of the parties hereto.
CITY OF ALBERTVILLE,
By
Its Mayor
By
Its Clerk
DEVELOPER,
Kent Roessler
Individually
KENCO CONSTRUCTION, INC.
By Kent Roessler
Its President
By
Its
14
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1995, 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
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1995, 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 , 1995, by Kent Roessler,
individually and as President of Kenco Construction, Inc.
Notary Public
15
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. Upon failure to cure by Developer,
the City may thence immediately and without notice or
consent of the Developer use all of the deposited cash,
irrevocable letter of credit or other surety funds to
complete the Developer's obligations under this
agreement, 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 the 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. Dedications to the 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 and sewers and road right of ways to
the City. Prior to dedication, Developer shall provide
to the City "As-Builts" of all 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. Said dedications shall occur by
B. The Developer agrees to pay a park dedication fee in the
amount of $ (calculated on the basis of
$ .00 per lot times lots). Payment of said
fee shall occur prior to release of the final plat.
12
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
or expenses which the City may pay or incur in consequence of
such claims, including attorney's fees. Third parties shall
have no recourse against the City under this contract.
19. Developer Personally Bound by Contract. Those parties signing
on behalf of Developer (and the Developer, if the Developer is
a different entity than said parties) shall be personally
liable for the fulfillment of all obligations under this
Contract. The obligations of the Developer (and the parties
signing on behalf of Developer) under this Contract cannot be
assigned without the express written consent of the City
Council through Council resolution.
20. Professional Fees. The Developer will pay all reasonable
professional fees incurred by the City as a result of City
efforts to enforce the terms of this Agreement. Said fees
include-attorney's fees, engineer's fees, planner's fees, and
any other professional fees incurred by the City in attempting
to enforce the terms of this Agreement. The Developer will
also pay all reasonable attorney's and professional 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
13
following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (612) 497-3384
Kenco Construction, Inc.
c/o Kent Roessler
13736 N.E. Johnson St.
Ham Lake, MN 55304
Telephone: (612) 757-4052
22. Agreement Effect. This agreement shall be binding upon and
extend to the representatives, heirs, successors and assigns
of the parties hereto.
CITY OF ALBERTVILLE,
By
Its Mayor
By
Its Cler
DEVELOPER,
Kent Roessler
Individually
KENCO CONSTRUCTION, INC.
By Kent Roessler
Its President
By
Its
14
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1995, 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
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1995, 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 , 1995, by Kent Roessler,
individually and as President of Kenco Construction, Inc.
Notary Public
is
41 7
MEM OU
= ST PAUL. MN = MINNEAPOLIS. MN C ST CLOUD. MN C CHIPPEWA FALLS. WI = MADISON. WI
TO: Garrison Hale
City Administrator
Albertville, MN
FROM: Peter J. Carlson, P.E.PJL
1
City Engineer
DATE: August 28, 1995
RE: Sump Pump Drainage
SEH No. A-ALBEV 9601.00
Recently the City has received numerous complaints regarding wet rear yards and poor drainage
along rear lot lines. This has made it difficult for the homeowners to maintain their yards. These
problems are very similar to problems experienced in the City of Rogers.
To correct these problems, the City of Rogers requires all new developments to install drain tile
along the rear lot lines. The drain tiles typically outlet at nearby catch basins. Sump pumps in the
new homes are then plumbed directly to the tile lines. The City of Rogers has required drain tiles for
the past two years and it has proven to be successful. The tile lines reduce, if not eliminate, the wet
rear yard problems, and also reduces the potential for sump pumps being connected to the sanitary
sewer system.
Because of problems the City of Albertville has recently experienced, I recommend that the City of
Albertville adopt a similar requirement regarding drain tiles.
Please call me if you have any questions.
mao
c:mj=-a.=Linda'Houghton; City -Clerks
Mike Couri, City Attorney
(G:\ALBEV\CORR\AG-28A.95)
JNT Y C
� 2
-dy
78 516
Garrison Hale
Albertville City Administrator
5975 Main Ave. NE
PO Box 9
Albertville MN 55301
Re: Truth -in -Taxation Hearin
#7 DARLA M. GROSHEN .
Wright County Auditor / Treasure
Wright County Government Center
10 N. W. 2nd Street
Buffalo, Minnesota 55313-1193
Phone: (612) 682-7578
FAX. (612) 682-6178
August 16, 1995
- Payable 1996
As required by the Truth -in -Taxation legislation, we are notifying you that
the Wright County Public Hearing date has been set as follows:
Date: December 12, 1995
Time: 7:00 P.M.
Place: Commissioners' Board Room
Wright County Government Center
and will reconvene, if necessary, on December 19, 1995 at 7:00 P.M.
Attached is a listing of hearing dates, as set by the Wright County area School Districts.
We are requesting that you now set the City's date and time for your public hearing and
for a reconvening hearing, if needed.
The dates selected for initial hearings, and for continuation hearings if necessary, must
all fall within the time period of November 29, 1995 through December 20, 1995. All
school districts and cities must hold their Truth -in -Taxation public hearings between
November 29 and December 19, 1995, excluding December 12.
Truth -in -Taxation public hearings cannot be held before November 29, 1995. Among other
things, this restriction allows the counties to get the parcel specific notices delivered
to property owners prior to the public hearings. Also, these hearings cannot be held
after December 20, 1995. This restriction gives the County Auditor -Treasurer time to
complete the tax lists for payable 1996 and also time to mail out the property tax
statements for payable 1996 by the statutory deadline.
Just a reminder:
The proposed and final property tax levies certified by the taxing authority to the County
Auditor -Treasurer must be after the deduction by the taxing authority of the certified
amount of its homestead and agricultural credit aid (HACA) for the taxes payable year
1996.
As directed by the MN Department of Revenue, we are asking you to certify to us in
writing, on or before September 15, 1995 the dates, times, and location you have selected
for your hearings and your proposed property tax levy certified for payable 1995 taxes.
The final property tax levy must be certified to us "on or before 5 business days after
December 20, 1995 (on or before December 28, 1995)."
Equal Opportunity / Affirmative Action Employer
1996 Truth -in -Taxation Hearings - Cities
Page 2
As you are aware, these hearing dates must not conflict with the hearing dates of the
County or of the School District(s) in which the City is located.
If you have any questions, please call 682-7578.
Sincerely,
41 Darla M. Groshens
DMG:gg WRIGHT COUNTY AUDITOR/TREASURER
TRUTH IN TAXATION HEARING (1996) - WRIGHT COUNTY SCHOOLS
1. S.D. ill - Watertown/Mayer
Tues., Dec. 5 & Mon., Dec. 18 - 8:00 P.M. - Middle School Board Room.
2. S.D. 425 - GSL Lakeside School
Thurs., Nov. 30 - 8:00 P.M. & Thurs., Dec. 7 - 6:00 P.M. - Multi -Purpose Room.
3. S.D. 427 - Winsted
Thurs., Dec. 14 & Thurs., Dec. 21 - 7:30 P.M. - Elementary School.
4. S.D. 466 - Dassel-Cokato
Thurs., Dec. 14 - 7:00 P.M. - High School Media Center.
5. S.D. 728 - Elk River
Tues., Dec. 5 & Wed., Dec. 13 - 7:00 P.M. - Community Education Center.
6. S.D. 742 - St. Cloud
Thurs., Dec. 7 & Thurs., Dec. 14 - 6:30 P.M. - Administration Off. Board Room.
7. S.D. 876 - Annandale
Thurs., Nov. 30, 7:00 P.M. & Mon., Dec. 11, 6:00 P.M. - Middle School Music Room.
8. S.D. 877 - Buffalo
Thurs., Nov. 30 & Thurs., Dec. 7 - 7:00 P.M. - Junior High Library.
9. S.D. 879 - Delano
Wed., Nov. 29 & Mon., Dec. 18 - 7:00 P.M. - Delano High School Library.
10. S.D. 880 - Howard Lake-Waverl
Mon., Dec. 4 & Mon., Dec. 18 - 7:30 P.M. - High School Media Center.
11. S.D. 881 - Maple Lake
Mon., Dec. 11 - 8:00 P.M. - High School Life Studies Room.
12. S.D. 882 - Monticello
Mon., Dec. 4 & Mon., Dec. 11 - 7:00 P.M. - High School Board Room.
13. S.D. 883 - Rockford
Thurs., Nov. 30 - 6:30 P.M. - Middle School Board Room.
14. S.D. 885 - St. Michael -Albertville
Mon., Dec. 4 - 7:30 P.M. - High School Board Room.
AUG-25-95 FRI 13:22 MONTICELLO SC FAX NO. 16122955345
Northern States Power company
118 pundas Road
Monticello. Minnesota 55362
Date: August 25, 1995
To: City of Albertville
From: Mark Sjoblad
Subject: Costs of street lighting at 62nd St. NE. and Co. Rd. 37
I have reviewed options for street lighting on 62nd St. NE. and have developed
four scenarios for your review. These are approximate costs on scenarios #1 & #2 do
to time restrictions. However, these approximations may help determine your plan of
action.
#1 Underground: Install one pole, 250w h.p.s, cobra style light
and direct buried underground from the pole to the padmounted
transformer in the rear of Hackenmueller's Conoco. This cost is
approximately $2000.00 with no restoration of property.
42 Overhead: Install three poles with two 250w h.p.s. cobra style lights and
four spans of overhead conductor from Otsego Rd. along 62nd St. to Co. Rd. 37.
The placement of lights would be at Co.Rd. 37 and 62nd St. and at the west
drive area of Hackenmueller's Conoco. This would be at an approximate cost of
$1,000.00
#3 Overhead: Same option as #2 except there would be two addition street
lights. The first addition locations would be at the corner of Otsego Rd. and
62nd St. The other being approximately half way between Hackenmueller's
west driveway and Otsego Rd. Because how our policy is written, this scenario
is at no cost because it is one pole, light and span of wire is built into the street
light rate.
#4 Future development: As future development occurs along 62nd St.
NE. or on Co. Rd. 37 (if in NSP service territory) we will have to extend our
distribution along 62nd St. from Otsego Rd. to Co. Rd. 37, At that time facilities
may exist to serve street lights more readably.
If 1 can be further assistance please call me at 271-6420.
Thank you,
r
Mark Sjoblad
CSDR Specialist
o'_ 1
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PIPE SERVICES core.
July 31, 1995
Ken Lindsay
City of Albertville
P.O. Box 131
Albertville, MN 55301
Dear Mr. Lindsay:
7e. z
As requested, we have prepared a quote for combination jet/vacuum cleaning of 8-inch diameter
sanitary sewers in Albertville, Minnesota. Our price is $0.35 per foot based on the following
assumptions:
1.) Cleaning shall consist of 8,000 to 9,000 feet per year for a two year contract.
2.) CITY to provide water and local disposal site at no charge to the CONTRACTOR.
We expect the work would require two to three days each year to complete. Provision for emergency
cleaning is not included in this proposal.
Thanks for considering our firm for this project.
Sincerely,
PIPE SERVICES CORPORATION
Andy Maftin, P.E.
AM/nm
15880 Lundstead Road - Carver, Minnesota 55315 - Phone/Fax (612) 448-7884
met
A' ME •
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wASEN
ENGINEERS ■ ARCHITECTS ■ PLANNERS 113 S. FIFTH AVENUE. PO. BOX 1717, ST CLOUD. MN 56302-1117 612 252-4740 800 572-0611
TO: Garrison Hale
City Administrator
Albertville, MN
FROM: Peter J. Carlson, P.E.
City Engineer
DATE: August 23, 1995
RE: Project Update
Parkside 2nd Addition
SEH No. A-ALBEV 9601.00
On Monday, August 21, 1995, Ron Guerts of Meyer-Rohlin, and I inspected the streets of the
above referenced development prior to the contractor placing the final lift of bituminous.
Our inspection revealed that the pavement has failed in numerous large areas, and will have to
be repaired prior to placing the final lift of bituminous. On Wednesday, August 23, 1995, we
will again inspect the streets with the contractor, and mark the areas of pavement that need to
be repaired.
Please call me if you have any questions.
mao
.c. Linda,Houghton-CitrCierk
(G AAUE V\C O RR\AG-23 A.95)
SHORT ELLIOTT
HENDRIChSON INC. ST PAUL. MN CHIPPEWA FALLS. WI MADISON. WI
'AaSEN
Si PAUL. LfN = MINNEAPOLIS. MN = Sr CLOUD, MN
TO: Garrison Hale
City Administrator
Albertville, MN
FROM: Peter J. Carlson, P.E. G
City Engineer
DATE: August 28, 1995
RE: Locus Court Drainage
SEH No. A-ALBEV 9601.00
76. �
MEMORANDUM
= CHIPPEWA FALLS. WI = MADISON. WI
I have investigated the drainage issue along the rear of the lots between Locus Court and the east end
of 51st Street. Currently there are catch basins and storm sewer in Locus Court and in the rear lot
area as shown on the attached sketch. Catch basin no. 1 is designed to drain the low rear yard area.
During heavy rainfall events, storm water backs up in the storm sewer, out catch basin no. 1. and
creates a pond in the rear yards. This pond drains away quickly once the storm has passed. In
addition, the rear yards stay wet after rainfall events due to sump pump drainage and insufficient
grade along the rear lot line.
A problem could occur during extremely heavy rainfall events. The overflow elevation of the pond
is approximately 1.5 feet above the basement window elevation of a home on Locus Court. Flood
damage is possible during a heavy rainfall event.
To correct this situation, a culvert could be installed across Barthel Industrial Drive. This culvert
would be installed at an elevation to allow storm water ponding to occur, but provide an overflow
to prevent flood damage during an extremely heavy rainfall event. This portion of Barthel Industrial
Drive is still a gravel driveway so the culvert could be installed easily and inexpensively. However,
the outlet of the culvert would be in Frankfort Township and we would need the Township's
permission to install the culvert.
The wet rear yards could be corrected by regrading the rear lot line. This is a homeowner issue and
the City should not be involved in regrading the rear yards.
Please call me if you have any questions.
mao
Enclosure
c:-Linda-Houghton City+Glerkr
Mike Couri, City Attorney
(G: W L B E V%CORRW G-28C.95 )
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MEMORANDUM
ST PAU1 MN 14N1Jr�PQt !S MN ST. CLOUD. MN IV!
TO: Garrison Bale
City Administrator
Albertville, MN
FROM: Peter J. Carlson, P.Ir tG
City Engineer
DATE: August 29, 1995
RE: Drainage on Marx Property
SEH No. A-ALBEV 9601.00
Currently, I am developing a plan which will provide an outlet for the ponding area can the Marx
property. At this time, I have not determined the outlet elevation feu the pond. I will be working with
the Wright Soil and Water Conservation District to determine the correct elevation for the pond
outlet. I will give a verbal report to the City Council on Tuesday, September 5, 1995.
mao
c: Linda Houghton, City Clerk
(Cr%A l.HF. V',COkit'A[ t-_'9A.9 S )
CE-24-1955 12:51F'M FROM RHDZWILLLAWCFFICE
TO
MEMORANDUM
TO: GARY HALE, CITY ADMINISTRATOR
FROM: MIKE COURI
SUBJECT: WILFORD BECKER; CITY SEWER ORDINANCE
DATE: AUGUST 24, 1995
A question has arisen as to whether
property on 50th Street must be connected
ordinance 1976-1, section 11 requires that a
the city sewer system if their property abut
a municipal sewer main has been constructed. this ordinance requires hookup if a City
property to be hooked up.
s
the Wilford Becker
to City sewer. City
landowner connect to
a street along which
It would appear that
sewer line abuts the
in addition, ordinance 1985-2, Section 4, subdivision 5
requires a property owner to hook up public sewer when it "becomes
available to a property." The ordinance does :not define what
constitutes "available,11 but a reasonable interpretation would mean
when a sewer line abuts the property to be connected to public
sewer.
In Becker's case, it appears that the Backers would have to
run a sewer line across a neighboring property within the road
right-of-way in order to reach the public sewer. Although City
sewer would certainly be preferable to a private septic system, I
do not believe that the sewer line is either. "available" or
"abutting" in these circumstances, and do not believe that the City
can require the Backers to hook up to City sewer.
However, should the Becker's property fail to meet the
qualifications for a septic system under Minnesota Rules Chapter
7080, the Beckers may have to voluntarily connect to the City's
sewer system in order to receive a building permit.
cc: Pete Carlson
Liz Stockman
MEMORANDUM
TO: GARY HALE, CITY ADMINISTRATOR
FROM: MIKE COURI
SUBJECT: ASSESSMENT OF BENEFITS OF COUNTY HIGHWAYS 19 & 37
IMPROVEMENT
DATE: AUGUST 17, 1995
It is my understanding that the proposed realignment of County
Highway 37 and the proposed upgrade of County Highway 19 will be
done as a joint city/county funded project, with the City obtaining
the necessary right-of-ways and paying for the cost of certain
portions of the improvement (e.g. curb and gutter). While the City
can fund these improvements out of general funds, it can also
specially assess these costs to benefiting landowners under
Minnesota Statutes Chapter 429.
If the City decides to special assess the project, the City
must coordinate its actions with the county to insure that all
requirements of Chapter 429 have been met. My recommendations are
as follows:
1. The Council should first decide whether it is interested in
specially assessing the project. If so, the Council should
call for a feasibility study to be prepared (most likely to be
prepared by the County Highway Engineer) detailing the work to
be done and the estimated costs of the project, including the
portion of the project that the City will be funding. The
county and City should have already agreed to a cost sharing
formula at this point so that the City is able to get an idea
of the costs it will be expected to pay.
2. The Council should then accept the feasibility study and call
a public "improvement" hearing to consider the project and
properly notice the hearing to all landowners who are to be
assessed. The Council should direct the City engineer to
prepare a preliminary listing of the properties that will
receive benefit and estimate the amount to be assessed to each
property and estimate the amount of the total project cost the
City will pay, if any. It is advisable that the City retain
an appraiser at this point to help determine what the benefit
to the abutting property owners would be.
3. If, after the hearing, the Council wishes to proceed with the
project, the Council will need to approve the project by a
4/5ths vote. The Council must approve the project within 6
months of the public hearing or it will have to start the
1
hearing process over again.
4. If the project is approved, the Council should pass an IRS
bond reimbursement resolution if the project is to be funded
through the issuance of a bond.
5. Once approved, plans and specs should be prepared (by the
County Highway Department) and approved by the City Council.
6. The project then should be bid.
7. The Council has the option of assessing the project
immediately after bids are received and let, provided
acceptance of the bid by the City would be voided if any
landowners appealed the assessment. This has the advantage of
allowing the City to know in advance if an appeal is to be
expected. The Council can then modify the project or the way
it is to be assessed without first going to court.
8. If the project is not assessed immediately after bids are let,
the Council should follow normal assessment procedures once
all costs are in.
9. The Council must be careful that it does not approve the
project or otherwise commit itself to pay for the project
prior to conducting a public hearing with the landowners to be
assessed. Also, County approval of the project should come
after the City holds its public improvement hearing and has
approved the project. This will allow for modifications to
the project as a result of the public hearing process prior to
approval by the County.
10. The County engineer should work closely with the City engineer
regarding the timing of the project and the costs. Any change
orders which the City will be expected to pay must come to the
City Council for approval, preferably after a favorable
recommendation from the City engineer.
11. If the City is going to pay the right-of-way acquisition
costs, the City should be careful not to acquire the right-of-
way prior to holding the public hearing and approving the
project. However, the City can acquire options on the right-
of-way before the project is approved. This would fix the
cost of the right-of-way before the public hearing, which in
turn would allow the City to better gauge the cost of the
project at the public hearing stage without committing the
City to purchasing the properties until the project has been
approved.
12. The cost -sharing agreement with the county should specifically
reference the fact that the City may be assessing the project.
I would like to review the language of the contract prior to
PA
its approval by either the county or the City so that the
language imposes as few restrictions as possible on what costs
the City can assess.
If you have any questions regarding this process, please
contact me.
3
i
ACIZICru
AMMMINOMW
SI Pgt/L, MN
G MINNEAPOLIS MN
TO: Garrison Hale
City Administrator
Albertville, MN
FROM: Peter J.
Carlson, p. E.�
City Engineer
DATE: August 23, 1995
= Sr CLOUD. MN
RE: Street Pavement Section
SEH No. A-ALBEV 9601.00
MEMORANDUM
CHIPPEWA FALLS. Wl
MAO/SCN, W/
The current standard street
inches of bituminous wear on 1 Pavement section for residential streets in
base. Typically, ' inches of bituminous base on 12 inches of Clae has been 1 lh
the Fear course is not installed until after one freeze-
1'/2 inches of bituminous base to c ss 5 a
light pavement section to c thaw c cle. gcregate
any construction traffic fora y That leaves only
several areas, which mt carry heavy construction
traffic. I Period of up to a year. This is a
y have been elim�auct with a have observed pavement failures in
heavier pavement section.
on 2'/z �n hes of be Current
Current pavement section should
ltummous base on 12 inches of Class 5 be revisedaggregate
to 1'/z inches of bitu
gregate base. �nous wear
Please call me if you have any questions.
mao
(G:IALB EVICOMAG-23 B.95)
AUG-02— 1 ??-7 1'5: 58 FROM
SOLIDIFICATION, INC. TO
497:3210
F. 0-7
Page No.
7
SOLIDIFICATION, *C.
Specialists In Grouting & Unckrpinning
7233 Winnetka Avenue North
MINNEAPOLIS, MIMESOTA.55428
B # 197-7
(612) 535-1065
PROPOSAL SUBMITTED TO
PHONE
DATE
City of AlberVille
.497-#84
August 2,,
1995
STREET
-JOB NAME
P.O. Box 9
.-Cli�a&ina
CITY. STATE AHO ZIP CODE
JOR 1.0CATIC14
Albertville, Minnesota 55301
IbeLville, Minnesota
F,en Lindsay
DATE OF PLANS
Joe IMONE
'fax f,497 -3210
we mereoy suctritz smaications and estimates ror
"tary-sewez� cleaning per plans received
1995 Sanitary .6
July
........................................ ......... . ...... I . ... ..................... . ............. . .... . . ................. ........ ... . ...... ...... . . .......... .... . ............................................ . ................... . ............................
9 , 27195.
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.. . ...............
......... .. . . .... . ..... .. ..... . .................. . ............. . ................ . .............. .......................
.......................... 19 9 6....,Pri c.e ........... $ ....... ...
. .. . ........... ....... . .. . ..... . ........ . . ..... . ..... ........ . ....... .............. . . .......... . .................
...... ...................
...... . ............... ................... . .............. . ................ ............................... . ............. ............................. ........... ............... ....... ---. ...... .. ......... ... . ...... . ............. -
..Owwae.r..-to pr-o--,ri.de at ---- na co-st, W a t a ic. --f r cm- naaiiky hydranl.--s ..far.......J.etth-ar—.aad
a..... dump... for d-eb.r.-Is remove . . ..... ............ ............ .. ........... .... .. ... ... ........... ...... ............. . ...... . ........
............ .... ......... ..... .... . . . ......................... . ................................. ... ............. . ..... ............. . .. .. . ....... I . ......... ........................... ...........
. ............... I ................ . ...... ................ .......... I . . ............... . ............... I....., .... . .................. .......... ....... . . . ............... . ................ . ....................................... . . ...... . ...... . ................
. .. ...... . .................... ........... ....................................... . .. ............... . . . ....... ............. ...... . ........ ... ................ . . . . . ... . ................ . . ........................ . . . . ...... . .....
.......... . ................ . . .... . . . ......................... ..................... . ............. . . . . ....... . ........ . . . ...................... . . ...... .. . . . ............... . ... . . . . . ....... . . ........ ....... ........... . ................. . . . ..
.......... .. ........................... . ............................ . .... ........................ . .................. . ........... ...... ............... .... ... ............................................. ............ I ............ . . . ......... . . ............ . ........ ...
. ... . . .............. .......... .. ...... ........................................... . ............ . .............. - - ---- .. .................. . ..................................... . ................... .................................... . . . ....... . .. . .. .
Nr 11rapast hereby to furnish material and 19ibor — c0;60We hi 1"iccordance with above specifications, for the sums of:
7
as above dollars ($
Payment to be madeas follows. Net cash due 30 days go-11oftric date of invoice. All aCCOUrItt.
over 30 da)rs will be charged interest at month, gqual to 18% per yearl
All material It guar —teed to be 00 1,90CM44. Alt work to be completed in a workmanlike
Manner &CCording to Standard ormeticea. Any attapatjot% of deviation from spcmc&. -Authorized--
dons ln~mg extra costs will be executed only upon vrM*rf oeders. And will Worn* an S;gnat.re
axtr2 chzrtte Q"r and so*" the e&trn&te. All agreements contingent upon striko% 4"Idents
. -'!�N 7., s Manager
of 4`614ylk beyond our control. Owner to corry firs, tornado And other necessary iftwirvam .. Ott: ?h2 �1%2� ;0
Our workwi are fully C*vWbd by workmen's CompensrtWn Inaurar4e. .'-AdtMra-M:* us it not acc*pted within days.
Arrptamr d frnpnsal-The above prices. zpeciTcations
and conditions are satisfactory and are hereby accepted. You are authorized cSigneture
to 00 the work as specified. Payment will bo made as outlined above. u'.
SiPfigturn-
Date of Acceptance:
PLEASE SIGN & RETURN ORIGINAL
N
BUCHEN ENVIRONMENTAL SERVICES, INC. BV: HEN
4200 Norex Drive • Chaska, Minnesota 55318 • Phone (612) 361-6040, Fax (612) 361-6041
7e.a
August 7, 1995
Mr. Ken Lindsay
Water and Wastewater Superintendent
PO Box 9
Albertville, MN 55301
RE: Sanitary Sewer Cleaning Contract
Dear Mr. Lindsay,
Thank you for your time last week and the tour of the City of Albertville. Based on our
conversation, I have enclosed our proposal and two sets of contracts for the two year
contract for the cleaning of approximately 8,000 LF of 8" sanitary sewer. After you and
the City Administrator and Council have review our proposal, I would appreciate the
opportunity to meet with the City Council to discuss our qualifications and proposed
sanitary sewer cleaning services to the City of Albertville.
Again, thank you for your time and we look forward to working with you in the future.
Sincerel�r
Craig nderson
Marketing Manager
INTRODUCTION
Buchen Environmental Services, Inc., was formed to provide municipalities with a
source for PROFESSIONAL collection system services. It is our goal to provide quality
services at a reasonable cost. We have developed new and innovative programs to
assist our clients in the protection of their sanitary sewer systems. This proposal
provides the City of Albertville with a complete program for the annual cleaning of a
portion of the sanitary sewer system.
SCOPE OF WORK
Buchen Environmental Services, Inc., will provide the City of Albertville with the
cleaning of approximately 8,000 If of sanitary sewer for 1995 and 1996. This cleaning
will be accomplished utilizing the latest technology available. Our cleaning equipment
includes a combination hydraulic cleaning machine that not only jets the sewer line
using high pressure water but vacuums the debris from the manholes. Our method of
cleaning guarantees the removal of a minimum of 95% of all the debris within the pipe.
Upon completion of the sewer cleaning, a report will be prepared for the City that will
provide detailed report of the lines cleaned and the results of the cleaning. This report
will provide the City with documentation of the cleaning program.
COST
The cost to complete the cleaning program and provide the City with the report
documentation, will be $0.45 per lineal foot for 1995 and $0.47 per lineal foot for 1996.
CITY'S RESPONSIBILITY
The City of Albertville as part of this contract must provide:
1. Access to all manholes
2. Water for the cleaning process at no cost to Buchen Environmental
3. Disposal site for the debris removed from the sewer.
(we 94�e. 3
Minnesota Pollution Control Agency
August 28, 1995
RE: 1995 Annual Evaluation and Planning System
Dear Wastewater Superintendent:
Thank you for participating in the 1995 Annual Evaluation and Planning System process. We have
completed our review of your evaluation and enclosed is a report based on your responses. In
addition, for all municipalities which discharge to a surface water, a summary of some of your daily
monitoring report data for calendar year 1994 is also enclosed.
We recommend the report be discussed at an upcoming municipal council/board meeting. In some
cases, items identified in the report may require immediate attention. Comparing the 1995 and 1994
evaluations may help identify areas of concern for your wastewater system. After the meeting, the
mayor/municipal chair should certify that the municipality has discussed the report, and submit this
certification to the MPCA. If possible, this should be done within 30 days of your receipt of the
report. The certification can be in the form of a letter signed by the mayor/chair.
We believe the ASPS will prove useful for both the municipalities and the MPCA. The
individualized report should be used as an additional planning tool for your municipality's
wastewater treatment system. If you need assistance in implementing suggestions from the report,
feel free contact the Agency or your consulting engineer.
We are in the process of combining data from all participants into several statewide reports. This
process should be completed within the next 60 days. If you wish to receive a copy of the statewide
summaries, please contact us after that time.
We hope the report information will prove useful in planning for the future of wastewater treatment
in your municipality. If you need any assistance or have any questions regarding the AEPS process,
please feel free to contact me at (612)296-8766 or 1-800-657-3864.
Sincerely,
Deb Lindlief
Operations/Training Unit
Point Source Compliance Section
Water Quality Division
DL.-jmg
Enclosures
cc: Municipal Official (no enclosure)
TDD (for hearing and speech impaired only): (612)282-5332
Printed on recycled paper containing at least 10% fibers from paper recycled by consumers
sPn i afavette Rd.. St. Paul, MN 55155-419-'; (6121 296-6300: Recionai Cffi eS: Duiutrr Brainerd Detroit _cries t.1arsha�==
1994 SUMMARY DATA
Permittee: ALBERTVILLE 30-May-19:=
Permit No: MN0050954
Influent
# of Times
# > 900
# >
Parameter Type
Reported
of Design
Design
--------- -------------
FLOW Ave. Quantity
----------
12
---------
7
------
2
Effluent
Months of
# > 9096
# >
# Nct
Parameter
---------
-------------
Type
Discharges
----------
of Limits
---------
Limits
------
Reper-e-
--------
Pipe # 1 TSS
Ave.
Concentr
10
0
0
0
TSS
Max.
Concentr
10
0
0
0
CBOD
Ave.
Concentr
10
0
0
0
CBOD
Max.
Concentr
10
0
0
0
PHOS
Ave.
Concentr
10
4
4
0
PHOS
Max.
Concentr
10
4
4
0
PHOS
Ave.
Loading
10
2
1
0
PHOS
Max.
Loading
10
1
0
0
>>> MUNICIPALITY: ALBERTVILLE
This report contains responses to questions you answered in the Annual
Evaluation and Planning Survey. Although you answered all the applicable
questions in the survey, not every answer received a response in this report.
We provided a response only when an answer indicated that there is an issue
which may need resolution.
MPCA staff have assigned a point value to the various questions in this survey,
with the exception of questions in Section 8, Future Needs. Points are given t=
responses that indicate that there may be a problem to be addressed. Each
section is worth 100 points. If your system received a score greater than 50 any section, you should carefully review the report responses for this secticr_
to determine if your system is operating effectively and efficiently. We hcpe
this report proves useful both in planning for future wastewater needs and
resolving current problems. If you need assistance in implementing any of
suggestions in this report or have questions concerning the report or survey
process, please feel free to contact the Operations/Training Unit of the MPC_=
1-800-657-3864.
>>> SECTION ONE: TREATMENT SYSTEM PHYSICAL CONDITION
Your responses to the questions 2, 4, 7, and/or 12 demonstrate your awareness
that major repairs or replacement are needed in the next five years. As ycu a- =
aware, this requires a great deal of planning, including funding, construction,
permit modifications, and choosing of a consultant.
Score for SECTION 1: 12, WHERE 0 IS BEST AND 100 IS THE MAXIMUM. If your sccre
is greater than 50, carefully review the survey you filled out and our report
responses for this section to determine if your system is operating efficient
>>> SECTION TWO: SYSTEM LOADINGS AND PERFORMANCE (from your DMR's)
Based on the monthly D.M.R. data you have submitted over the last calendar ye-ar,
the following conclusions can be drawn:
Last year, you exceeded your effluent phosphorus limits at least once. This i=
a permit violation. You should investigate the causes of the exceedence, cr=a==
a plan to manage the problem and inform the Agency of your plan as soon as
possible.
Last year, you exceeded 900-. of your effluent phosphorus limits at least once.
Although this is not a permit violation, it indicates your system is reaching
the limits of its capacity to treat wastewater adequately. This may soon leat'
to noncompliance. You should investigate your phosphorus loading and create
plan to manage it.
Last year, you exceeded your influent design flow capacity at least once.
influent flow is not a permit condition, such exceedence may lead to
non-compliance. You should investigate the causes of the exceedence and cre-==
a plan to manage the problem.
Score for SECTION 2: 70 WHERE 0 IS BEST AND 100 IS THE MAXIMUM. If your scor=
is greater than 50, examine your DMR's for the last calendar year and not` i=
your system is operating efficiently.
>>> SECTION THREE: COLLECTION SYSTEM
Question 31. A routine inspection program for the collection system is
important in order to locate problems before they grow into crises. Such a
program should include smoke testing, light testing, flow monitoring, and so cn.
The program should be in written form.
Score for SECTION 3: 15, WHERE 0 IS BEST AND 100 IS THE MAXIMUM. If your sccr=
is greater than 50, carefully review the survey you filled out and our report
responses for this section to determine if your system is operating efficiently.
>>> SECTION FOUR: BIOSOLIDS
Score for SECTION 4: 0, WHERE 0 IS BEST AND 100 IS THE MAXIMUM. If your sccre-
is greater than 50, carefully review the survey you filled out and our report
responses for this section to determine if your system is operating efficiently.
>>> SECTION FIVE: SEPTAGE
Score for SECTION 5: 0, WHERE 0 IS BEST AND 100 IS THE MAXIMUM. If your sccre
is greater than 50, carefully review the survey you filled out and our report
responses for this section to determine if your system is operating efficiently:
>>> SECTION SIX: TREATMENT SYSTEM OPERATION AND MAINTENANCE
Score for SECTION 6: 0, WHERE 0 IS BEST AND 100 IS THE MAXIMUM. If your score
is greater than 50, carefully review the survey you filled out and our report
responses for this section to determine if your system is operating efficiently
>>> SECTION SEVEN: FINANCIAL AND ORDINANCE STATUS
The area of sewer service charge systems and sewer use ordinances is complex aY
confusing. Municipalities which received funding from the federal or state
construction grants program or the State Revolving Fund (loan program) face
certain requirements in the area of ordinances. We have sample ordinances ar-d
charge systems which you can use to create your own documents. If you have
questions concerning ordinances, charge systems, rate setting, or whether you
must meet the requirements of specific funding programs, please contact the M:--
Operations/Training Unit at 1-800-657-3864.
Question 76.5. Your sewer use ordinance should require annual notification c=
cost to all users. Users should be notified annually regarding what is
encompassed in the user charge.
Question 77. Pretreatment agreements/permits with each significant industrial
user should be established wherever a wastewater treatment system serves
significant industrial users. Significant industrial users have: 1) flows tc
the system in excess of 25,000 gallons per day or more than five percent of:
total flow received at the system; 2) loadings to the system in excess of f_.=
percent of the design BOD capacity; or 3) the potential, in the opinion of the
permittee or the MPCA, to adversely impact the system. These users are usual-,:
identified during the MPCA permitting process. Pretreatment agreements usual! -.;-
contain limits for the industrial users.
Score for SECTION 7: 18, WHERE 0 IS BEST AND 100 IS THE MAXIMUM. If your scare
is greater than 50, carefully review the survey you filled out and our report
responses for this section to determine if your system is operating efficier_:_--r.
>>> SECTION EIGHT: FUTURE NEEDS
Question 86. Enclosed is information on the State Revolving Fund loan proora-.
Low interest loans are given by the Public Facilities Authority to fund
wastewater treatment projects. The interest rates are determined by a
municipality's fiscal status. If you have questions concerning the program,
please contact Pete Skwira at 1-800-657-3864.
February 1995
State Revolving Loan Program for
Wastewater or Storm Water Facilities
♦ Available to Minnesota communities needing to improve or construct publicly owned facilities for
collection and treatment of wastewater or storm water.
INTRODUCTION
The State Revolving Fund offers low -interest loans for planning, design, and/or construction of
municipal wastewater or storm water facilities. The program was established by Congress in order to
provide funds for public water pollution control projects following the end of the federal construction
grants program.
The loan program is administered by two state agencies: The Minnesota Pollution Control Agency
(MPCA) and the Public Facilities Authority (Authority), which is pan of the Minnesota Department of
Trade and Economic Development.
The MPCA is responsible for preparing the annual list of potential loan recipients, called the Intended
Use Plan (IUP), and for reviewing and monitoring construction projects to ensure they meet
administrative and technical requirements. The Authority is responsible for reviewing the financial
capability of the applicants, selling bonds to generate the loan funds, and setting the interest rates, terms
and conditions of the loans.
ELIGIBILITY
The applicant. T6 be eligible to request a planning or design loan, a community's project must be on the
MPCA's Project Priority List (PPL). To be eligible for a construction loan, a community's project
must: (1) be on the PPL, and (2) have an approved facilities plan.
The project. For a public wastewater or storm water project to be eligible for loan funds, it must address
a need for wastewater or storm water collection, transportation or treatment, and be technically
adequate, environmentally sound and cost-effective. Wastewater facilities, new or upgraded, must have
capital improvements which will be operational over a period of 20 years.
The costs. All planning, design, legal, administrative, and construction costs are eligible to be paid with
loan funds if they are directly related to the approved project. Planning and design costs incurred prior
to loan approval are eligible to be included in the loan amount.
LOAN TERMS
The length. A loan recipient has up to 20 years after the project is completed to pay back the loan.
The interest rates. The loan program offers below -market Printed on ' • • • •
ot iecist io percent
interest rates and is designed to provide the lowest interest _ •by consurners
rates to small communities.
(continued)
THE IUP
The list. Each year, the MPCA prepares an IUP, which identifies potential loan projects for the
upcoming construction season.
The request. To be listed on the IUP, submit a written request to the MPCA that briefly describes the
proposed project. Include a project cost estimate, a project schedule and a quarterly cash flow projection
with this request.
TO PROCEED UNDER THE PROGRAM ...
1. Write a letter to the MPCA to request placement on the PPL and to describe wastewater or storm
water treatment needs in your community.
2. Contact the Public Facilities Authority to discuss financing options.
3. Prepare a facilities plan. In the plan, identify the current and future wastewater or storm water
treatment needs and evaluate the alternatives to address those needs.
4. Submit a facilities plan to the MPCA for approval.
5. Request placement on the IUP.
BEFORE LOAN APPROVAL ...
Before a loan will be approved, a community must complete all MPCA requirements which include
approval of the project plans and specifications. Applicants must also fulfill the environmental review
and permit requirements.
In addition, a community must complete all Public Facility Authority application forms and
requirements. Final loan approval by the Authority will be dependent on the availability of funds.
For more information on:
• Beginning the loan process
• Project Priority List
• Intended Use Plan
• Technical project requirements
• Administrative project requirements
Contact:
Peter Skwira
Minnesota Pollution Control Agency
Water Quality Division
520 Lafayette Road
St. Paul, Minnesota 55155
(612)296-8617
For more information on:
• Interest rates
• Loan conditions
Financial capability requirements
Contact:
Terry Kuhlman
Public Facilities Authority
MN Department of Trade and Economic Development
500 Metro Square
121 7th Place East
St. Paul, Minnesota 55101
(612) 296-4704