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1996-11-04 CC Agenda/PacketLl 0 • AT ,BERT T I LLE CITY I L AGENDA November 4, 1996 7:00 PM CALL TO ORDER/ROLL CALL/ADOPT (Mayor/Clerk/Council) AGENDA 7:05 2. MINUTES (Co,, ) a. Regular City Council J:ieeting - uctober 7, 1>''_-b b. Special Council Meeting - October 21, 1996 7 :10 4. AUDITING CLAIMS , o;u-jcjl ) 7:15 5. CITIZEN FORUM - i0 Minute Limit 7 : 2 5 0 . CONSENT AGENDA [ * ] (council,, a. Financial Statement - October b. Follow Up Sheet - October 7, 1996, meeting C. Department Report - October d. WWTF Operation Report September 1996 (PSG) e. J^ipprove 1991 Fire Protection Agreements wit City of Otsego ($12,243.47) and City of St. Michael ($19,017.77) f. Approve Jones Intercable request for Franchise negotiations (franchise renewal date 9/14/99) g. Establish special meeting to canvass election on November 6, 1996, at 12:00 Noon h. Establish special meeting to approve bond sale for CSAH 37/19 Intersection Realignment and North Frontage Road Sanitary Sewer Extension Projects on November 25, 1996, at 7:00 PM i. Accept JR`s Appiiance J�-Lsposai inc. repor : :l Clean ui-, Lay �. "approve illcrea-e ates _L L);; `ur ingtoil `northern for the City Park and parking lot amount of $16,08b.Uiti 1. JJMCIT insurance "FiL> anlage L ..:_t' daietor� ..v :;oclates) '. uU11tY He:SOiU'L1ur1 4)b- 4 60.1-a 'eN a: iC Rat,_ Change i l. A p p r t f \ i997 in the amount of S;>3,40; UNFINISHED BUSINESS Jtiliit7g ii.ems 1; Oiilp t'l afl - K.__ . i eT tjr ec 1,l US if Ordinance #1996-21.) (AN ORDINANCE AMENDING ThE CITY ` v LOIv 1Id 7 L" 1V1 AMENDMENT) i) Ordinance iAN OI DIiiAiiC;L RI::.� ikiL)TT, 1.1 INTERIM (MORATORIUM) ORDINANCr AI;D ITS EX`."ENSIC?iV (C kfii. Axl: E [OLd_flanceu 1996-8] CONCERNING THE DEVELOPMENT ANL CONS`IRU�.`1'.T_OI1 OF ' W0-IIAM�lL`1 i>"i1 Lii'GS 1,41, N THr R-3 ZONING DISTRICT), b. City Engineer 1) Schany Enterprises Grading Permit 2) Kenco's Parkside 4th Addition Grading Permit 3) Update on Projects C. Approve EAW Negative Declaration Minneapolis Factory Shoppes (JMJ Properties) d. Shared Roads Agreement with City of Otsego and City of St. Michael e. Cedar Creek Golf Course & Housing Project (Golf ComYdttee) f . Ditch Maintenance - Quote (Fehr Excavating) • 8:30 8. NEW BUSINESS a. Complaint regarding JPB hydrant flushing p ocedures b. Resolution #1996-63 - Resolution Authorizing Springsted Incorporated to Negotiate the S3ale cf Approximately $400,000 General Obligation Tax Increment Bona—, , Se_ fes i996=', (uob 3'iiisL c . COUNCIL REPORTS (c�urlci l d iDV CTTZ. 11 IATT • ALBERTVILLE CITY COUNCIL November 4, 1996 Albertville City Hall 7:00 PM PRESENT: Mayor Michael Potter, Councilmembers Curt Muyres, Duane Berning, John Vetsch, and Sharon Anderson, City Administrator Garrison Hale, City Clerk Linda Houghton, City Engineer Peter Carlson, City Attorney Mike Couri, Financial Advisor Bob Thistle Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: Add Item 8c - Discussion on salt supply storage Delete Item 7d - Shared Roads Agreement with the Cities of St. Michael and Otsego Delete Item 7e - Cedar Creek Golf Course & Housing Project Move Item 8b - Place item 8b after Auditing Claims Anderson made a motion to approve the agenda as amended. Berning seconded the motion. All voted aye. The minutes of the October 21, 1996, meeting were amended on Page 3 at Paragraph 3 to read "Bernard Vetsch" rather than "Marvin Vetsch" and at Paragraph 7 to read "to deny having a fire hall lot survey". Anderson made a motion to approve the minutes of the October 7, 1996, meeting as presented and to approve the minutes of the October 21, 1996, meeting as amended. Muyres seconded the motion. All voted aye. Vetsch made a motion to pay the claims (Check #'s 10503 - 10535) as presented. Muyres seconded the motion. All voted aye. Bob Thistle of Springsted, Inc. presented a proposed $400,000 bond issue for the Council to consider. Proceeds from the bond will be used to finance the 1996 North Frontage Road Sanitary Sewer Extension and the CSAH 19/37 Intersection Realignment Projects. The bond will be a 10-year issue, callable after seven years. Thistle explained that the issue is relatively small and the market is flooded with bond issues at this time of year. He believes this issue will not be able to be sold at a low interest rate. Therefore, he recommended that the issue be negotiated with several banks as a smaller issue to achieve a better interest rate. City Attorney Couri explained that the City will be using $100,000 of reserved capital projects funds toward the project and will hold an additional $100,000 of those funds to pay for any excess costs that arise from the CSAH 19/37 project. Should the City find they do not need the extra capital, those funds can be applied toward prepayment of the bond. ALBERTVILLE CITY COUNCIL November 4, 1996 Page 2 of 5 Muyres made a motion to adopt RESOLUTION #1996-63 titled RESOLUTION AUTHORIZING SPRINGSTED INCORPORATED TO NEGOTIATE THE SALE OF APPROXIMATELY $400,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1996A and, further, to authorize Springsted to negotiate a shorter call date if possible. Berning seconded the motion. All voted aye. Mayor Potter brought up that Springsted, Inc, can do a "Sensitivity Plan" for the City to adopt. Thistle estimated the cost would be $500-$1,000, but he agreed to provide a definite quote for the Council to consider. No one present wished to address the Council under Community Forum. Item 6f (Approving the Jones Intercable request for franchise negotiations) was removed from the consent agenda at the suggestion of the administrator, who pointed out the 1999 renewal dat and the rapid technology changes may challenge the concept of exclusive franchises. Vetsch made a motion to approve the Financial Statement for October as presented. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the Follow Up Sheet from the October 7, 1996, meeting as presented. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the October Department Report as presented. Berning seconded the motion. All voted aye. Vetsch made a motion to approve fire contracts with the City of Otsego in the amount of $12,243.47 and with the City of St. Michael in the amount of $19,017.77. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the September 1996 WWTF Operation Report as presented. Berning seconded the motion. All voted aye. Vetsch made a motion to establish a special meeting to canvass the election on November 6, 1996, at 12:00 noon. Berning seconded the motion. All voted aye. Vetsch made a motion to establish a special meeting to approve the bond sale for CSAH 19/37 Intersection Realignment and North Frontage Road Sanitary Sewer Extension Projects on November 25, 1996, at 7:00 PM. berning seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL November 4, 1996 Page 3 of 5 Vetsch made a motion to accept JR's Appliance Disposal report from the City's Clean Up Day conducted September 21, 1996, as presented. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the increase in lease rates established by Burlington Northern Railroad for the City Park areas. Berning seconded the motion. All voted aye. Vetsch made a motion to accept the Piper -Jaffrey Settlement payment of $16,085.09. Berning seconded the motion. All voted aye. Vetsch made a motion to accept the memo from the City's Insurance Agent Arlan Middleton explaining the Fire Damage Limit in the City's insurance policy. Berning seconded the motion. All voted aye. Vetsch made a motion to receive Wright County Resolution #96- 54 titled Solid Waste Compost Rate Change. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the LMCIT Workers' Compensation rates for 1996-1997 in the amount of $3,407. Berning seconded the motion. All voted aye. Mayor Potter removed himself from the Council at 7:40 PM to avoid a potential conflict of interest. Frank Svoboda of Svoboda Ecological Resources was present to explain the EAW process for the Minneapolis Factory Shoppes. Muyres made a motion approving the Findings of Fact stating that there is a negative impact and directing staff to prepare a resolution stating that the Council finds that an Environmental Impact Statement (EIS) for the Minneapolis Factory Shoppes is not necessary. Anderson seconded the motion. All voted aye. Mayor Potter returned to the City Council to continue the duties as mayor at 8:03 PM. The Council reviewed and discussed a memo from City Planner David Licht regarding the 60th Street area housing issue related to B-4, R-3 and R-1 zoning. Anderson made a motion to adopt ORDINANCE #1996-23 titled AN ORDINANCE AMENDING THE CITY'S ZONING ORDINANCE #1988-12 (MAP �-. AMENDMENT) rezoning the 60th Street residential area to R-1 (Residential District - Single Family). Potter seconded the motion. Anderson, Potter, Berning, and Vetsch voted aye. Muyres voted no. The motion carried and Ordinance #1996-23 was adopted. ALBERTVILLE CITY COLNCIL November 4, 1996 Page 4 of 5 Berning made a motion to adopt ORDINANCE #1996-22 titled AN ORDINANCE RESCINDING THE INTERIM (MORATORIUM) ORDINANCE AND ITS EXTENSION (ORDINANCE 1995-12 AND 1996-8) CONCERNING THE DEVELOPMENT AND CONSTRUCTION OF TWO-FAMILY DWELLINGS WITHIN THE R-3 ZONING DISTRICT. Vetsch seconded the motion. All voted aye. City Engineer Pete Carlson reviewed the grading plan submitted by Schany Enterprises for his site along 62nd Street and receommended approval of a grading permit. Anderson made a motion to approve a grading permit for Schany Enterprises. Muyres seconded the motion. All voted aye. Carlson reviewed the grading plan as proposed for the Parkside 4th Addition and recommended approval of a grading permit. Anderson made a motion to approve a grading permit for Parkside 4th Addition. Muyres seconded the motion. All voted aye. Carlson updated the Council on other projects in the City as follows: (1) Carlson has received a permit from Burlington Northern Railroad to allow the City to lower the culvert under the tracks by Sunrise Plumbing. the work will be started in the spring. (2) The streets in Parkside 3rd Addition have curb and class 5 gravel installed but have not all been paved at this time. Due to the wet conditions, completion may not be possible until spring. (3) Easements must be secured in the Greenhaven Addition to correct the drainage problems. The administrator will contact the property owners to secure approval for an easement. (4) The North Frontage Road Sanitary Sewer Extension Project is complete except the final road work. (5) Carlson reviewed the letter he has sent to MPCA regarding the phosphorus removal problem at the WWTF. The Council reviewed and accepted the quote from Dennis Fehn Gravel & Excavating Inc. to clean approximately 300 feet of ditch along 70th Street, to clean approximately 600 feet of the ditch along County Road 19 to the lake, and to clean approximately 100 feet of ditch between the lakes. Funding for the project will be from the Storm Water Revenues Fund. Anderson made a motion directing the engineer and the administrator to view the ditches to determine which should be cleaned and authorizing the expenditure of up to $2,000 from the Storm Water Revenue Fund to clean those areas. Berning seconded the motion. All voted aye. The Council reviewed a complaint regarding hydrant flushing procedures used by the Joint Powers Maintenance Department. Mayor ALBERTVILLE CITY COUNCIL November 4, 1996 Page 5 of 5 Potter explained that he brought the complaint to the attention of the Joint Powers Board at the October meeting. Staff was directed to send a letter to the individual who registered the complaint explaining what had happened. Councilmember Vetsch was concerned that the salt mixture has been placed in the back of the Public Works building again this year creating an eyesore for the surrounding businesses, as well as creating a leeching problem. Mayor Potter asked the Council to consider canceling the "For Sale" listing on the EDA/Fire Hall lot because of a potential EDA project trade situation that benefits both the City and an established local business. The Council would like a legal opinion on cancellation of the listing and will address the question at the December meeting. Anderson made a motion to adjourn at 8:35 PM. Muyres seconded the motion. All voted aye. A",;w Michaef Potter, Mayor C77L,t��-- Lin a Houghton, Clem UPCOMING M= I NGS / IMPORTANT DATES November 5 General Election Polls Open 7:00 AM to 8:00 PM Novembei 7 Canvass the Election Meeting 12:00 Noon November 12 Regular Planning & Zoning Commission Cancelled November 19 Special P&Z Commission (Comp Plan Workshop) 7:00IM November 25 Finance Committee Meeting 5:30 EM November 25 Special City Council Meeting (Springsted) 7:00H4 November 25 Joint Powers Board 7:30 EM November 27 Staff Meeting 9:00 PM December 2 Regular City Council Meeting 7:00IM December 3 Trutr in Taxation Hearing 7:00 24 December 10 Regular Planning & Zoning Meeting 7:0024 December 16 Special City Council Meeting (if needed) 7:00 21 December 30 Special City Council Meeting (Year -End) 7:00 IM January 6 Regular City Council Meeting 7:00 PM CITY OF ALBERTVILLE FINANCIAL STATEMENT October 2 - October 31, 1996 Beginning Cash Balance October 31, 1996 INCOME (October 2 - October 31) Beer Permits 10.00 Building Permits 27,242.72 Donations 1,429.80 Fire Aid 10,985.00 Impound Fees 37.00 Interest 808.45 Liquor Licenses 4,050.00 Loan Payment - Fraser 689.06 Piper Jaffrey Stlmt. 16,085.09 Police Aid 3,332.00 Recycling Incentive 1,122.25 Reimburse -Clean Up Day 450.00 Sewer/Storm Water 38,310.31 Special Assessment 8,730.54 Title Search 20.00 Miscellaneous 15.00 TOTAL INCOME EXPENSES (Oct. 1 - Oct. 31) Check #10439-10482 (Approved 10/7/96) 71,516.29 Preapproved Checks 26,908.64 (List Attached) TOTAL EXPENSES Ending Cash Balance October 31, 1996 113,362.22 98,424.93 $163,830.19 $178,767.48 INVESTMENTS: CD #9226 - Alb. Development Corp. matures 11/3/96 CD #10412 - matures 12/27/96 CD #10190 - matures 3/1/97 @ 5.4% CD #10203 - matures 3/29/97 @ 5.4% Dain Bosworth Investments (9/30/96) TOTAL INVESTMENTS Money Markey Savings Acct. (9/30/96) 7,202.87 14,310.65 121,443.91 404,451.33 1,301,116.10 $1,84.8,524.86 $3 42 , 87 3.10 CITY OF ALBERTVILLE PREAUTHORIZED CHECKS ISSUED October 7 - October 31, 1996 Check No. Vendor Reason Amount Payroll 10/11/96 P1694 Gary 997.01 P1695 Linda 826.40 P1666 Ken 897.01 10483 AT & T Long Distance 27.50 10484 City of Monticello Animal Boarding 180.00 10485 NSP Service 2,433.30 10486 Norwest Fiscal Agent Fees 87.50 10487 PERA 9/27 - 10/11 343.73 10488 Steve's Lawn & Snow Sept/Oct 282.50 10489 USCM MIdwest Payroll Deduction 92.00 10490 Precision Auto Repair Chevy Engine 2,819.06 10491 VOID 10492 VOID Payroll Ending 10/25/96 P1697 Gary 997.01 P1698 Linda 832.40 P1699 Ken 897.01 October Council & Commissions P1700 Sharon Anderson 161.61 P1681 Duane Berning 106.20 P1682 LeRoy Berning 18.47 P1683 Jim Brown 18.47 P1684 Rod Fraser 18.47 P1685 Howrd Larson 18.47 P1686 Curt Muyres 106.20 P1687 Mike Potter 170.85 P1688 Pete Scherer 18.47 P1689 Donatus Vetsch 18.47 P1690 John Vetsch 161.21 10493 Delta Dental Group Insurance 102.15 10494 Medica Group Insurance 829.25 10495 Minnegascc 10496 Monticello Animal Control 10497 PERA Life Insurance 10498 PERA 10499 PSG 10500 Sprint/United Telephone 10501 USCM Midwest 10502 Wr. Co. Sheriff Service 98.71 September 96 51.00 Payroll Deduction 12.00 10/12 - 10/25 343.73 November 96 7 ,519.16 Service 312.17 Payroll Deduction 92.00 September 5,018.75 TOTAL $26,908.64 CITY OF ALBERTVILLE BILLS TO BE PAID November 4, 1996 Check No. Vendor Reason Amount 10503 Affordable Sanitation 2 month service 351.45 10504 Barthel Masonry Westwind Park 409.00 10505 Business Records Corp. Coding Primary 544.00 10506 CarQuest Supplies 49.87 10507 Crysteel Plow Pin Assembly 23.51 10508 DJ's Heating & A/C Fire Hall 144.06 10509 DJ's Total Home Care Supplies 228.82 10510 Emergency Medical Prod. Fire Dept. Supplies 185.42 10511 Fehn Excavating Westwind Park 12,905.00 10512 First Trust 86 GO Sewer/Water 24,173.75 10513 Linda Houghton Mileage 8.70 10514 LMCIT Insurance Polices 21,499.00 10515 Larson Publications Legal Notices 250.78 10516 LMC Annual Membership 1,330.00 10517 Ken Lindsay Mileage 27.76 10518 LMCIT Workers' Comp 3,407.00 10519 Lyle Nagel Co., Inc. Appraisals 3,000.00 10520 Minnegasco Service 11.00 10521 Newman Traffic Signs No Glass in Parks 53.25 10522 NAC, Inc. Planning Services 1,940.92 10523 Norwest 90 G.O. Imp. Bond 47,008.75 10524 Office Max Office Supplies 171.26 10525 City of Otsego Grading 318.75 10526 Pat's 66 Gas 41.57 10527 Post Office Postage for Machine 450.00 10528 Radzwill & Couri October Legal 3,844.50 10529 Springsted JMJ Properties 2,192.00 10530 Sunrise Plumbing Unplug Drain 60.00 10531 Sunshine Lawn Service Winterize Sprinkler '75.00 10532 Vetsch Custom Cabinets Tables 1,070.33 10533 Donatus Vetsch Mileage - CMIF 56.84 10534 Weber Oil Company Diesel Fuel 51.07 10535 Wr. Co. Preasurer Tax Capacities 12.00 TOTAL BILLS $125,895.36 6,6 CITY OF ALBERTVILLE FOLLOW-UP SHEET As of October 7, 1996 DATE ACTION TO BE TAKEN PERSON 5/95 Renumbering ordinance Staff 7/95 Personnel - Ordinance/Policies pdTurV Ongoing OM-Azil 01/96 SAC Fee - Cash Flow Eng./ Ongoing Trunk Access Fees CMY11 04/96 JMJ Properties (Commercial) Staff In Process 04/96 Comprehensive Park & Trail Plan P&Z/ In Process c3xxil 05/96 WWTF Planning Eng. In Process 05/96 Sidewalk Repairs oaxxil In Process IN Gtm. 07/96 Primary School Park/Drainage Plan Eng/ In Process Admin 8/96 CSAH 19/37 Intersection Realignment Project Staff/ In Process ctuxil 08/96 Barthel Industrial Lot (1.54 acres) EDA 08/96 N. Frontage Road Sanitary Sewer Project cbrril In Process Eng 09/96 Secure title for water tower lot Atty/ On Hold Cbuxil 09/96 Obtain abstract and determine City costs involved Staff In Proc. with Barthel Industrial Drive lot 09/96 Hockey Arena O�ur_il In Process 09/96 Cedar Creek Golf Course (Center Oaks) Kenco/ In Process Comm 10/96 Peterson Property Title Atty/ In Process 9M M E M O R A N D U M DATE: November 4, 1996 TO: City Council FROM: Linda, Ken & Gary SUBJ: City Department Report - October The following represents work assignments status/update: City Clerk -Treasurer Financial Reporting Budget to Actual 1996 with reconciliation to Bank Statement remains outstanding Fee Ordinance based on city costs and a study of fees from the League of Minnesota Cities and local research should be considered. Finance Committee and administrator interested in the City being cost effective for service delivery and comparable cost of service for fees. Finance Committee to review November 1996 for possible incorporation into 1997 budget Ice arena as part of city budget 1997 Tax & Budget Levy Final Finance Committee analyzes and recommends a plan to close funds, transfer funds and utilize such funds. Election 1996 Resolution for consolidating, transferring and closing funds City Administrator/Zoning Officer JMJ Properties (Minneapolis Factory Shoppes) has forwarded to the City its response to the EAW. Developer and engineer have all work completed. Brittany Kay Estates - Developer has placed the project on hold. Parkside 4th Addition (Beatrice Roden property) 17 lot subdivision concept passed preliminary plat stage. Project will link Westwind with Parkside 3rd, provide parking spaces for Westwind Park (at developer's cost), and eliminate temporary lift station. Grading fall of 1996 with final work spring 1997. Center Oaks Development (south of Parkside 3rd) concept plan has been revised and meets R-lA standards. - Golf course committee has met. Results of the findings could impact Center Oaks and Cedar Creek Summerfield/Sylvester Kolles has prepared a concept plan. Developers are working within concept plan requirements for a plat. Comprehensive Plan amendment is underway. Senior housing - Feneis Brothers have developed a concept plan. D'Aigle/Balfany developments are working on final sewer/water feasibility plan with the city engineer. Funds for the study have been pre -deposited with the City. MacIver Avenue may be prime candidate for closure. Lambert, Lander and Lamont Avenues (old Hamburg Townsite) appear to be prime candidates for turn back since use is only to the adjacent property owners. Reserve only utility easements. Note: CSAH 19/37 Intersection Realignment Project has similar approach in mind. Zoning 60th Street from R-3 to R-1 need to be completed. - Vetsch Custom Cabinets project has been withdrawn. New options in the works. Cohen Companies still have no action on balance of Roden property. Darkenwalds want to develop but have not yet signed agreement on CSAH 19/37 road project. Comprehensive Parks and Trail Plan in early stages of process Personnel Policies need to be completed and adopted by year end 1996 P&Z Commission terms of office. Sharon Anderson is done 12/31/96 and Chair LeRoy Berning would like to retire. Need to consider. Has been presented to P&Z on October 8th with no action. Will be on the agenda again for November 12th. Ordinance renumbering needs to be done Culvert replacement has been arranged for the 70th Street culvert. Ditch cleaning - various locations Public Works & Parks - Park benches have been installed. Working on engraving. - Snow plowing in process with a search for part-time Maintenance Workers to operate plow and possibly help with rink. - Bail field ag lime scheduled for fall 1996 completion. - City Park building needs one window replaced at a cost of $i,100. No funds available. - Otsego/Frankfort Road Maintenance Plan and Cooperative Agreements - Skateboarders continue to wax steps/curbs/benches. - Winter maintenance - prep equipment and buildings City Attorney CSAH 19/37 Intersection Realignment a) Appraisals approval and implementation b) Bonding - action 4th Quarter 1996 c) Easements - 4th Quarter 1996 - 1st half 1997 Peterson lot title Water tower lot title EDA/Fire Hall lot title Ice arena a) Joint Powers Agreement b) Funding Agreement c) Operating Agreement d) Other Senior Housing TIF City En ineer - Drainage culvert under railroad tracks by Sunrise Piumbing has received railroad permit. - Frankfort drainage - Plan & easements for Greenhaven area - Ice Arena - Utilities, drainage, etc. - North Frontage Road Sanitary Sewer Project of 1996 complete - Primary School Park - concept sketches City Planner Comprehensive Parks and Trails Plan - survey/prepare/hearing/impl6mentation Comprehensive Plan amendment for newly annexed land of existing plan'dated 6/17/96 - prepare/hearings/implement Developer Projects a) Summerfield Addition review/nearing/recommendation b) JMJ Properties Ice arena planning/site review City Council - CSAH 19/37 Project - all aspects - Resolution transferring, closing and reserving funds - needs to be done - 1997 Tax Levy & Budget Proposed - approval December - Comprehensive Plan review and amendment for newly annexed lands Fees Schedule Ordinance - new includes review of otner city fees as part of 1997 Tax Levy & Budget Golf Course Committee 644 ALBERTVILLE WASTEWATER TREATMENT FACILITY Monthly Operations Report September 1996 Executive Summary Albertville met all of its NPDES permit requirements for the month of September. Average Biochemical Oxygen Demand in the effluent was 5.3 mg/I and the average Total Suspended Solids was 10.2 mg/l. Fecal Coliform were less than 10 MPN/100ml. The effluent flow began to increase steadily on September 15, 1996, and returned to stable conditions by about September 21, 1996. Professional Services Group, at its own expense, retained investigative services on September 11, 1996, and a private investigator was placed on surveillance the nights of September 14, 15, and 16, 1996. Nothing unusual was encountered during this time, although interestingly flows also began to steadily increase at this time. There have been no unusual flows since. Operations PSG staff, along with the City Engineer and representatives of SEH, met to discuss phosphorous removal and how we might address the problems encountered in the Albertville Wastewater Treatment Facility in the winter months. There was consensus about the likely causes of the difficulty in removing phosphorous in the winter months. PSG has monitored the dissolved oxygen level in the ponds in the past, and the dissolved oxygen level in Pond #3 drops to 0.0 mg/I in the coldest months of ice cover. This would lend to the fact that the ice cover prevents oxygen transfer from the atmosphere, in addition to the fact that there is no aeration designed in the system for pond #3. The anaerobic/anoxic conditions cause phosphorous to be released. Alum is added after the pond system, and reaction time in cold temperatures is much slower for microorganisms and many chemicals. Additional monitoring has been implemented to facilitate addressing the problem. Results from the monitoring will be submitted with future reports. Operations, in general, have been running smoothly. Effluent quality remains excellent. Maintenance The clarifier was pumped down for cleaning and a thorough check of all connections, nuts, bolts, scraper clearance, large debris, and general condition of the rake mechanism and influent baffle. All nuts and bolts were extremely loose. Parts in poor condition were replaced and everything tightened down securely. The aerators were serviced (greased motor, shaft, and amp readings taken). The alum pump was rebuilt, the alum system cleaned and fittings tightened. Spare parts for the alum pump were purchased. The effluent flowmeter was calibrated. The generator oil, oil filter, air filter, coolant, etc. were all changed. Other routine maintenance work orders included servicing the sludge pump, refrigerated samplers, control structures, and lift stations. The influent flowmeter is still being repaired. Many calls have been made to the manufacturer about the time it is taking to get it repaired. We were informed it was recently shipped, and we should be receiving it to be installed mid -October. Safe Safety training on hearing protection was provided to staff. A safety meeting was also held to discuss concerns and issues. It was agreed that we would conduct a training session in the near future concerning confined space entry. A portable drinking water system will be arranged for employee use when on -site. RegulatoCommunications NPDES Report. An inspection by Del Haag of the MPCA was conducted on September 6, 1996, with Gary Hale and the Facility Manager in attendance. A final report of the inspection has not yet been received. Client / Public Relations PSG is dedicated to providing quality wastewater treatment facility operations and maintenance to the City of Albertville. In an effort to provide for the security and integrity of the system, PSG retained the services of a private investigations firm. At PSG's expense in the amount of $1,844, surveillance was conducted for three consecutive nights in an effort to resolve the flow tampering problem. PSG donated to the Parks and Trails of the City of Albertville by sponsoring a Park Bench for Westwind Park. Regular communications have been maintained between PSG and Gary Hale concerning plant operations and maintenance. Regular contact with the City Engineer will also be maintained to facilitate planning for this rapidly developing community and to discuss the progress with the phosphorous study. City Council approved moving the flowmeters, hourmeters, and chart recorders to the wastewater building. This is scheduled to be done shortly after October 14, 1996. Financials Financial Report reflects all activity in the budget year. The financial data does not reflect September bills paid in October. Appendices NPDES Discharge Monitoring Report Loadings Summary Client Status Report ALBERTVILLE WWTF LOADINGS Contract Values & Triggers: Ave- 0.1590 MGD High- 0.1896 MGD Low- 0.1264 MGD Design: 0.3150 MGD Ave- 307 # High- 368 # Low- 246 # 368 # Ave- 197 # High- 224 # Low- 150 # 368 # FLOW 12 mo °% of TSS 12 mo °% of C BOD 12 mo °% of .............«... MGD Avg. Design mgA Lbs. Avg. Design m A Lbs. Avg.Desi n .,..................................., ......« g... 1995 Jan 0.151 384 483 240 302 .... Feb 0.143 285 339 194 219 Mar 0.164 288 394 191 261 Apr 0.177 99 145 92 136 May 0.172 274 392 148 212 Jun 0.163 232 315 133 181 Jul 0.152 222 281 154 195 Aug 0.174 288 418 136 197 Sep 0.165 234 322 100 138 Oct 0.161 294 395 122 164 Nov 0.163 78 106 68 92 Dec 0.156 405 527 234 304 1996 Jan U61 0.1626 51_61% 250 336 331 89930% 175 235 195 52.87°% Feb 0.158 0.1638 52.01 °% 433 571 350 95.16% 178 235 196 53.21 % Mar 0.179 0.1651 52.41 % 312 466 356 96.79"% 221 330 202 54.79% Apr 0.188 0.1660 52.70°% 336 527 388 105.43°% 131 205 207 56.36% May 0.198 0.1682 53.39"% 388 641 409 111.05°% 169 279 213 57.87% Jun 0.203 0.1715 54.44°% 354 599 432 117.48°% 151 256 219 59.57°% Jul 0.161 0.1723 54.68°% 248 333 437 110.66 % 129 173 217 59.07°% Aug 0.141 0.1695 53.81 °% 558 656 456 124.04°% 179 210 218 59.37°% Sep " 0.141 OA675 . - 53.17% 625 735 491 133.40°% 145 171 221 60.11 °% Oct Nov Dec FIRE PROTECTION AGREEMENT This agreement made and entered into by and between the City of Albertville, a municipal corporation of the County of Wright in the State of Minnesota and the City of Otsego, in the County of Wright in the State of Minnesota. WHEREAS, Otsego desires the services of the fire department of Albertville in case of fires occurring in Otsego as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in Otsego, and THEREFORE, it is agreed by and between said parties as follows: 1. Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in Otsego lying within the areas outlined in red on the attached map. Such fire protection and emergency medical response services shall be provided from January 1 through December 31, 1997. 2. Otsego shall agree to pay Albertville $12,243.47 in exchange for the provision of fire protection and emergency medical response services. Payment due for the year 1997 shall be made in two installments of $6,121.74 on or before July 1, 1997, and $6,121.73 on or before December 31, 1997. 3. Albertville's obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire/medical run cannot be made with reasonable safety to men and equipment, and the decision of the Fire Chief or his Deputy in charge shall be final in such matter, no obligation arises under this agreement on the part of the City of Albertville to answer such call. 1 b. In the event that a sufficient amount of the fire fighting/medical equipment and number of volunteer firemen, or both, are committed at the time of the fire call, in sole judgement of the Fire Chief or his Deputy, to fighting pre-existing fires or attending pre-existing medical emergencies, so as to render the available equipment and manpower inadequate to answer a fire or medical call from Otsego, no obligation shall arise under this agreement to answer such call, and no person or party shall have recourse against the City of Albertville for refusal to answer such call. A pre-existing fire/medical emergency to which the fire department of Albertville is called previous to receiving the call from Otsego and which fire is still being fought or medical emergency is still being attended to by the Albertville fire department at the time the call from Otsego is received. c. In the event a fire call by Otsego is answered by Albertville, but before the fire in question is extinguished, the fire fighting equipment or volunteer firemen, or both are needed to fight a fire in Albertville or protect property in Albertville from a fire, the Chief or his Deputy without liability therefore to any person or to Otsego under this agreement, may in their judgement recall the fire equipment and firemen to Albertville for the purpose of fighting the fire in Albertville. The judgement of the Fire Chief or his Deputy shall be final and no person or party shall have recourse against the City of Albertville for any damages or losses resulting from such action or decision. 4. The parties acknowledge the fact that Albertville may enter into similar contracts with other municipalities, and acknowledge that Albertville has entered into mutual aid contracts with -other fire departments in other municipalities, and that a fire call under any such contract preceding a call in Otsego could be a valid and reasonable basis for the decision of the Fire Chief or his Deputy in refusing to answer a fire call in Otsego. 5. Because the City of Albertville has heretofore entered into mutual assistance fire fighting agreements with other municipalities possessing fire fighting equipment and firemen, which equipment and firemen could be called by the Chief or his Deputy to a fire in Otsego, the City of Otsego agrees to pay such additional cost as may be incurred thereby if in the sole judgement of the Chief or his Deputy, such additional fire fighting equipment and firemen are needed to fight a fire in Otsego and are in fact called to such fire by the Chief or his Deputy. E IN WITNESS WHEREOF the parties have hereunto set their hands and seals this day of 1996. CITY OF ALBERTVILLE By: Michael Potter, Mayor Attest: Linda Houghton, City Clerk CITY OF OTSEGO By: Norman Freske, Mayor Attest: Elaine Beatty, City Clerk 3 TAX CAPACITIES FOR AREAS TO BE SERVED BY ALBERTVILLE FIRE DEPARTM .OTSEGO Township 121, Range 24 Section 14 Section 23 Section 24 Section 25 Section 26 Section 27 Section 34 Section 36 Total Range 24 Townships 121, Range 23 ---r-ion .sv section 31 section 32 section 33 $178,276.00 Total Range 23 $89,077.00 Total Otsego $267 , 353. 00- FRANKFORT Township 120, Range 23 Section 4• Section 5 Section 6 $120-354.00 $238,648.00 $5k an Total Frankfort__________________________ City of Albert ville $1,487_,292. 00- Albertville Frankfort $1,487,292. Otsego 00 0.6854120 $415,279.00 0.1913795 $68'110.7E, -_$267,353.00 0.1232084 $19,017.77 ----------------------- $12,243.47 $29169,924.00 -`-------------------- -------------- $99 , 372 .00 Part of 14-121-24 26-121-24 23-121-24 Part of 27-121-24 24-121-24 34-121-24 25-121-24 Part of, TOTAL NET TAX CAPACITY 178,276 30-121-23 31-121-23 32-121-23 33-121-23 TOTAL NET TAX CAPACITY 89,077 TOTAL NET TAX CAPACITY 1,487,292 10/1 /96 FIRE PROTECTION AGREEMENT This agreement made and entered into by and between the City of Albertville, a municipal corporation of the County of Wrighi--'in the State of Minnesota and the City o St. Michael, in the County of Wright in the State of Minnesota. WHEREAS, St. Michael desires the services of the fire department of Albertville in case of fires occurring in St. Michael as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in St. Michael, and THEREFORE, it is agreed by and between said parties as follows: 1. Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in St. Michael. Such fire protection and emergency medical response services shall be provided from January 1 through December 31, 1997. 2.' St. Michael shall agree to pay Albertville $19,017.77 in exchange for the provision of fire protection and emergency medical response services as described above. Payment due for the year 1997 shall be made in two installments of $9,508.89 on or before July 1, 1997, and $9,508.88 on or before December 31, 1997. 3. Albertville's obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire/medical run cannot be made with reasonable safety to men and equipment, and the decision of the Fire Chief or his Deputy in charge shall be final in such matter, no obligation arises under this agreement on the part of the City of Albertville to answer such call. b. In the event that a sufficient amount of the fire fighting/medical equipment and number of volunteer firemen, or both, are committed at the time of the fire call, in sole judgement of the Fire Chief or his Deputy, to fighting pre-existing fires or attending pre-existing medical emergencies, so as to render the available equipment and manpower inadequate to answer a fire or medical call from St. Michael, no obligation shall arise under this agreement to answer such call, and no person or party shall have recourse against the City of Albertville for refusal to answer such call. A pre- existing fire/medical emergency to which the fire department of Albertville is called previous to receiving the call from St. Michael and which fire is still being fought or medical emergency is still being attended to by the Albertville fire department at the time the call from St. Michael is received. C. In the event a fire call by St. Michael is answered by Albertville, but before the fire in question is extinguished, the fire fighting equipment or volunteer firemen, or both are needed to fight a fire in Albertville or protect property in Albertville from a fire, the Chief or his Deputy without liability therefore to any person or to Frankfort under this agreement, may in their judgement recall the fire equipment and firemen to Albertville for the purpose of fighting the fire in Albertville. The judgement of the Fire Chief or his Deputy shall be final and no person or party shall have recourse against the City of Albertville for any damages or losses resulting from such action or decision. 4. The parties acknowledge the fact that Albertville may enter into similar contracts with other municipalities, and acknowledge that Albertville has entered into mutual aid contracts with other fire departments in other municipalities, and that a fire call under any such contract preceding a call in St. Michael could be a valid and reasonable basis for the decision of the Fire Chief or his Deputy in refusing to answer a fire call in St. Michael. 5. Because the City of Albertville has heretofore entered into mutual assistance fire fighting agreements with other municipalities possessing fire fighting equipment and firemen, which equipment and firemen could be called by the Chief or his Deputy to a fire in St. Michael, the City of St. Michael agrees to pay such additional cost as may be incurred thereby if in the sole judgement of the Chief or his Deputy, such additional fire fighting equipment and firemen are needed to fight a fire in St. Michael and are in fact called to such fire by the Chief or his Deputy. 2 IN WITNESS WHEREOF the parties have hereunto set their hands and seals this day of , 1996. CITY OF ALBERTVILLE By: Michael Potter, Mayor Attest: Linda Houghton, City Clerk CITY OF ST. MICHAEL By: Roxanne Packa, Mayor Attest: _ Dawn Grossinger, uierk 3 TAX CAPACITIES FOR AREAS TO BE SERVED BY ALBERTVILLE FIRE DEPARTM _OTSEGO Township 121, Range 24 Section 14 Section 23 Section 24 Section 25 Section 26 Section 27 Section 34 Section 36 Total Range 24 Township) 121 u Range 23 arc; r:ion .iv _ � erection 31 erection 32 erection 33 Total Range 23 $178,276.00 $89,077.00 Total Otsego $267,353.00 FRANKFORT Township 120, Range 23 Section 4- Section 5 Section 6 $120,354.00 $238,648.00 $56,277.00 Total Frankfort $415,279.00 City of Albertville $1,487,292.00 Albertville $1,487,292.00 0.6854120 $68,110.76 Frankfort $415,279.00 0.1913795 $19,017.77 Otsego $267,353.00 0.1232084 $12,243.47 ------------------------------------- $2 ,169 , 924 .00 $99 , 372 .00 M MIRING 4NLE>t AK• � cAGER CAGE —r, it GALL.ETT • GALLIVAN oA11tiA41 A '1i ! GARRISON 0D 01 O/drrlON AWL tp ro CARIYiOy AK m o1Fs AT D pLBERT 7S CILLARD GOODRICH HAUC 7\ N I ArS HALL NALEEY AK n1 HALSEY HAANITON N NAMLIN A HAMLIN HAMMOND AtiL , HANSAC HARDINGt MAW AKIts ISARAA AYE. HARRINOTON MARRA AT%tSARRA AK ISSON ICKLER I I IDE N IDESON N pp IAIRT AK A u� T MR. � Ion _J +� 7 ICEL IHRIC ILEfF JA SER JMDI AVE JASON JACKSCK90N I 401I2ON A :i (n WALIS JJA JAM1iCM O JAM sON AVIL JAMESAWSON JANDEL I A JAN JANSENE j KApLJ01 KA►Q A AK, KADLFR Z AYE. KAEDINGKAGAN �' N KAHL. (A Gd con� KAHItR K, 4h (A � KAHLFR KAISER 0 co KALENOA I m KALLAND . LA RAM AK KANE C� LA BEAUX r p LAMBERT AAt K r— LAMONT RIVER r LANDER _ 41 N W LARGE LANNON cNll LARABEE WtASEE MACIM AYE. LASAl1E MAC10ft AYLI MACAU MACKENZIE �, S MARLOWE MARSHALL LA 'J MASON MAYEUN o MCAUJ3TER MAYER t It TER I ' � MELLUM N A N AOS - NADALA NAPI ER NAPtER On NASHUA NASON NEED HTOR NEEDHAM I NEWARK � OAKWOOD O' BMAN C OCHOA 0' DAY OD EAN ODELL OGREN oHUND PACKARD Y PADGETT PAGE �l1979 PALMGREN 1 PARE'w uPARK t O E PARNELL PARRISH i PARSON t Y' QUADAY ,1 �; }� � WALE ►`' 3 QUANTRELLE i QUAST 9 QUENROE = Rot QUILLEY A QUINCY m a R i " �4 RADHELE i'ORD RAIN TELL ' nP1 ® ® _ r RAMWER RAMSI.UND RANDOLPH in 09 } RING RAATH" / U) / RAWLJNGS F RIVER REAGOR � 01 cif 3t3NES iNTERCABi.=P. ........................................................... October 9, 1996 RETURN RECEIPT REQUESTED City of Albertville Attn: Linda Houghton P.O. Box 131 Albertville, MN 55301 Re: Cable Television Franchise held by Cable TV Fund 14-A, Ltd. Our records indicate that the cable franchise operated by Cable TV Fund 14-A, Ltd. ("Jones") for the City of Albertville, Minnesota (the "City") is up for renewal September 14, 1999. Jones wishes to continue providing service to the City for an additional renewal term. To that end, we would like to begin informal negotiations with the City which we believe will lead to a mutually beneficial agreement for franchise renewal. The Cable Communications Policy Act of 1984 establishes ibrmal cable television franchise renewal procedures which are to be followed in the event a franchising authority and cable operator are unable to agree informally upon franchise renewal. We, of course, strongly prefer to negotiate renewal with you on an informal basis and fully believe such negotiations will be successful. However, certain of the federal procedures must be formally invoked by a cable operator, even if the operator expects to reach a satisfactory renewal through informal discussions. This letter is simply intended to satisfy that provision. Accordingly, as provided for by Sections 626(a) through (g) of the Cable Act, we hereby request the City commence renewal proceedings as specified in the Cable Act. We would further agree with the City, however, to a 30 First Avenue N.E., Buffalo, MN 55313 612/682-5980 An Equal Opportunity Employer WF/HN City of Albertville October 9, 1996 Page 2 temporary delay of formal renewal procedures under Sections 626(a) through (g), in order to promptly conclude our informal renewal discussions. We look forward to meeting with you to continue our informal discussions of franchise renewal, and to answer any questions you may have concerning renewal. Very truly yours, Connie Ruth General Manager c: Mike Lovett Dee Gillespie (26187) J,K'S Apphance D W c 8980 Jefferson Tr. W., Inver Grove Heights, MN 55077 Telephone (612) 454-9215 Fax (612) 454-8345 October 8, 1996 City of Albertville 5975 Main Ave., PO Box 9 Albertville, MN. 55301 RE: Major Appliance Recycling Statistics, 1996 Attn: Linda Houghton City Clerk Dear Linda, Enclosed is the statistical data sheet showing the number of appliances collected and processed for the 1996 Spring Cleanup from your city. A total of 105 appliances were recycled which represents 15,490 pounds, or (7.75)tons. Based upon the current tipping fees, this represents a value of $515.00 in reclaimed/recycled ferrous and non-ferrous metals. In addition, your residents saved over $3,465.00 by utilizing the special fee rather than if they were picked up individually at ($40.00) each. The total value of your recycling program would then be approximately $3,980.00!! We would like to congratulate you and your staff on a fine effort for your community. We would also like to personally thank you for the opportunity to be of service. We enjoy working with you to assure you of continued success with your white goods recycling program. Please call (612) 454-9215, or our 1-800-358-6563 toll -free number for assistance at any time throughout the year. Personal regards, rDut,��" Ron Zeien Dutch Shults Vice President Marketing Consultant Encl. pc: f ile J-R'S .Appliance Disposal, Inc. y 89807efferson TraitWest, Inver Grove 96!grhts, MN 55077 Business (612) 454-9215 - Toff Free (800) 358-6563 - Fax (612) 454-8345 Statistical Data Showing Appliances Recycled For: A(bertvAe City Haff 09/21 /96 To 09/21 /96 Appliances # of Units Pounds Percentages AC - Electric: 4 520 3.81% AC - Gas: 0 0 0.00% Dehumidifier: 5 200 4.76% Dishwasher: 5 425 4.76% Dryer: 16 2,080 15.24% Freezer: 7 1,645 6.67% Furnace: 5 875 4.76% Garbage Disposal: 1 30 0.95% Humidifier: 1 40 0.95% Microwave: 16 960 15.24% Miscellaneous: 4 360 3.81 % Range: 5 875 4.76% Refrigerator - Electric: 18 4,230 17.14% Refrigerator Gas: 0 0 0.00% Trash Compactor 0 0 0.00% Washer: 13 2,600 12.38% Water Heater: 5 650 4.76% TOTALS: 105 15,490 100% "&d . l ppfwnces by stag ■ AC -Electric ■ AC -Gas ❑ Dehumidifier ® Dishwasher ■ Dryer 9 Freezer O Furnace ■ Garbage Disposal ■ Humidifier IN Microwave 3 Miscellaneous IN Refrigerator -Electric M Refrigerator -Gas B Ran ge ■ Trash Compactor ■ Washer ■ Water Heater Report Run Date: 9/26/96 I do 6J Catellus Management Corporation 4105 Lexington Avenue N., Suite 200 Arden Hills, MN 55126 (612) 782-3003 (612) 782-3010 Fax October 21, 1996 City of Albertville P. O. Box 131 Albertville, MN 55301 RE: Burlington Northern Lease No. 545848 purpose: parking lot and city park location: Albertville, MN Dear Sir This is in regard to the rental established for the above captioned lease. It has been several years since the rental was reviewed or adjusted. To make a gradual transition to the new rate, we will adjust the rent in two steps. Effective December 1, 1996, rental will be $1,200.00 per year and effective December 1, 1997, rental will be $1,800.00 per year, payable annually in advance. You will receive a statement with a return envelope before each date. As a matter of clarification, quoting the rent for a specific period and payment in advance does not convert the lease to a definite term. This letter is a supplement to your lease, which will remain in effect except as hereby amended. Sincerely, Roger L. Schwinghammer Regional Property Manager 6k ..__ �•.t : the third patjment of the settlement reached with Piper wi th 1 i tigation involving the Piper in,tttjtional ernment Income Portfolio Litigation. =ri•= ;;ed di tribut.ion :—z*resents Piper's payment of the Tax i•]t.3. the n?;z distribution you will receive will represent ?iper'= payment or' the second installment on the promissory note. That payment is due in August 1997 and the final installment payment 7s due in August 1998. uia are C ntinu:ng to pursue the claims asserted against KPMG Peat ++"••a^�i; < //�-h w:;.11 keep you advised of any significant developments if ,,au h.ava any q-je:stions, please feel free to contact any of the la yer= listed below. R./chard Lockridge Vernon J. Vander Weide :=regg F'i shbein Marianne E. Durkin ,Schatz Paquin Lockridge Head, Seifert & Vander Weide, Grindal & Holstein P. L. L. P. /2220 a Professional Association Washington Square One Financial Plaza, Suite 2400 1i'-0 Washington Avenue South 120 South Sixth Street Minneapolis, MN 55401 Minneapolis, MN 55402 Tel: (612)?39-6900 Tel: (612)339-1601 Your Va"fied Total Loss is $91, 083. 61 411252624 15, 713. 47 PRINCIPAL 371.62 INTEREST 16, 085. 09 TOTAL C 1TY 0- r1i._ricRT. i}_1_ ATTM L l ^dJA HOUGHTON 5975 MA..?N AVE NE PC LOX c r',L-BERTVILLE, MIDI 55301 Please retain this payment voucher for your tax records. MIDDLETON & ASSOCIATES INSURANCE AGENCY Arlan M. Middleton, CIC 13 Central Avenue P.O. Box 249 St. Michael, Minnesota 55376-0249 St. Michael: (612) 497-4420 October 23, 1996 City of Albertville P. O. Box 9 Albertville, Minnesota 55301 Reference: City of Albertville -- Insurance Dear Gary Hale, With reference to the question by the council concerning coverage on: Section III - General Liability Item: Fire Damage Limit. 6,e This is a liability coverage that applies if the City of Albertville "rents" and "occupies" a building, and due to the city's negligence causes a fire that causes damage to the building. The coverage has no relationship to the fire coverage on City "owned" property. Hopefully, this will clear -up this matter. BOARD OF COUNTY COMMISSIONERS WRIGHT COUNTY, MINNESOTA Date: October 22, 1996 Motion by Commissioner Sawatzke Resolution No. 96-54 Seconded by Commissioner RESOLUTION Jude 6.n WHEREAS, Wright County owns and operates a Solid Waste Compost Facility as part of its waste management activities authorized by Minnesota Statutes Chapter 400, and WHEREAS, Section 5.02 of the Wright County Waste Collection, Processing and Disposal Ordinance authorizes the County Board to establish and modify the Tipping Fee for said facility by resolution, after a public hearing, and WHEREAS, the Wright County Board of Commissioners, on March 15, 1994, by Resolution No. 94-18, modified the Tipping Fee to $55.00 per ton. and WHEREAS, the Wright County Board of Commissioners has given notice of and has held a public hearing on October 15, 1996, regarding modification of the Tipping Fee, and WHEREAS, Section 5.02 of the Wright County Waste Collection, Processing and Disposal Ordinance also requires 15 day advance notice to the Haulers of any decreased Tipping Fee; NOW, THEREFORE, BE IT RESOLVED, That the Wright County Board of Commissioners hereby modifies the Tipping Fee for the Wright County Compost Facility to $40.00 per ton, effective November 6, 1996. Miscellaneous and additional fees for the citizen drop-off area are modified as follows: $2.50 per 32 gallon bag or can; Pickup loads or other loose waste: $15.00 minimum fee up to 500 pounds of waste; $0.03 per pound for waste over 500 pounds. YES NO JUDE y_ JUDE SAWATZKE y_ SAWATZKE RUSSEK _y RUSSEK ROSE y_ ROSE MATTSON _y MATTSON STATE OF MINNESOTA) ss. County of Wright I, Richard W. Norman, duly appointed, qualified, and acting Clerk to the County Board for the County of Wright, State of Minnesota, do hereby certify that I have compared the forgoing copy of a resolution or motion with the original minutes of the proceedings of the Board of Commissioners, Wright County, Minnesota, at their session held on the 22nd day of October, 1996, now on file in my office, and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Buffalo, Minnesota, this 22nd day of October, 1996. Count Coordinator JNTY 0. vo �Z 2 0 a� .4O �68a Wyman A. Nelson County Attorney Thomas N. Kelly Chief • Criminal Division Brian J. Asleson Chief • Civil Division WRIGHT COUNT Y Office of County Attorney Wright County Government Center 10 2nd Street N. W., Room 150 Buffalo, Minnesota 55313-1189 Phone: (612) 682-7340 Assistants Toll Free: 1-800-362-3667 Fax: (612) 682-7700 Anne L. Mohaupt Thomas C. Zins Terry Frazier Kathleen A. Mottl Scott M. Sandberg MEMO Mark A. Erickson Victim/Witness Assistance Coordinator Barbara S. Johnson TO: Cities, Townships, Waste Haulers and Waste Facilities FROM: Brian Asleson, Assistant County Attorney M-/ DATE: October 24, 1996 RE: Reduced Tipping Fee at Compost Facility On October 22, 1996, the Wright County Board of Commissioners took action to reduce the tipping fee at the Wright County Solid Waste Composting Facility to $40.00 per ton effective November 6, 1996. Enclosed is a copy of Resolution No. 96-54 detailing that action. If there are any questions about this change, feel free to contact me at 682-7342 or Chuck Davis at 682-7331. cc: Chuck Davis Professional Services Group League of Minnesota Cities Insurance Trust Group Self -Insured Workers' Compensation Plan Admirtistretor Berkley Administrators e member of the Berkley Risk Management Services Group P.O. Box 59143 Minneapolis, MN 55459-0143 Phone (612) 544-0311 Self -Insured Workers' Compensation Quotation (RENEWAL of Agreement No. 02-000313-12) ALBERTVILLE 12/01/1096 12/01/199-7 ESTIMATED DEPOSIT CODE RATE PAYROLL PREMIUM STREET CONSTRUCTION & MAINTENANCE 5506 4.e6 39875. 1G3e. FIREFIGHTERS (VOLUNTEER) 770e 44.1e POP 3691. 1631. CLERICAL Selo 0.44 80340. 353. ELECTED OR APPOINTED OFFICIALS 9411 0.47 1e200. e6. Manual Premium 4008. Experience Modification 0.85 Standard Premium 3407. Managed Care Credit 0% 0. Deductible Credit 0% 0. Premium Discount 0. Discounted Standard Premium 3407. LMC Insurance Trust Discount 0% 0. Net Deposit Premium 3407. The foregoing quotation is for a deposit premium based on your estimate of payroll. Your final actual premium will be computed after an audit of payroll subsequent to the close of your agreement year and will be subject to revisions in rates, payrolls and experience modification. While you are a member of the LMCIT Workers' Compensation Plan, you will be eligible to participate in distributions from the Trust based upon claims experience and earnings of the Trust. If you desire the coverage offered above, please complete the enclosed "Application for Coverage" and return it and your check for the deposit premium (made payable to the LMC Insurance Trust) to the Plan Administrator, Berkley Administrators. BA 441 CG (12/92) OCT-29-1996 10:28 NAC 61. NF,Nc MEMORANDUM TO - FROM: DATE. - RE: FILE NO: NORTHWEST ASSOCIATED Ct COMMUNITY PLANNING - 0E9ION - MA. Albertville Mayor and City Council David Licht 29 October 1996 Albertville - Comprehensive Plan - 60th Street Area Housing 163.05 - 96.08 This memorandum is being written in response to a City Council request for an opinion involving a possible approach to the rezoning of the 60th Street area. As we understand, it has been suggested that the R-1 District text possibly be amended to provide for an interim use which would allow the residential properties in question to evolve into commercial use as has been suggested by the Comprehensive Plan. We do not believe this approach to be advisable for two reasons: The tong term objective, as now stated in the Comprehensive Plan, is for this area to be commercial. As such, the direction as established by the zoning district which is applied should convey the eventual use which is to be achieved. 2. The applicability of the B-4 interim residential use within lands zoned commercial is limited. Therefore, little if any precedent is established for other properties within the City. On the other hand, if the interim use concept was placed in the R-1 District text, the potential application of this zoning tool might become more widespread and the change could be enacted by a simple majority of the Council instead of a four -fifths vote which would be required as part of a rezoning. 7Q. ; 0. CITY OF ALBERTVILLE WRIQ3T COUNTY, MI11SSOTA ORDIX NCE 140. 1996-23 AN ORDINANCE AMENDING THE CITY'S ZONING ORDINANCE #1988-12 (MAP AMENDMENT) THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA, ORDAINS: Section 1. The City of Albertville Zoning Map is hereby amended as follows: The property legally described below is zoned R-1 (Residential District - Single Family). Lots 1, 2, 3, 4, and 5 of Block A, Townsite of Hamburg Lots 1 and 2, Block B, Townsite of Hamburg Minnesota. Lots 8, 9, 10, 11, 12, 13 and 14 of Lot A Section 2. This ordinance shall become effective immediately upon its passage and publication. ADOPTED BY THE ALBERTVILLE CITY COUNCIL THIS 21st DAY OF OCTOBER, 1996. Michael Potter, Mayor ATTEST: Linda Houghton, City Clerk *North City of Albertville. 60th Street Area Rezoning Study Proposed Zoning la. 3 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 1996 -22,__ AN ORDINANCE RESCINDING THE INTERIM (MORATORIUM) ORDINANCE AND ITS EXTENSION (ORDINANCE 1995-12 AND 1996-8) CONCERNING THE DEVELOPMENT AND CONSTRUCTION OF TWO-FAMILY DWELLINGS WITHIN THE R-3 ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: Section 1. The interim ordinance (Ordinance No. 1995-12) and its extension (Ordinance No. 1996-8) are hereby terminated and rescinded. Section 2. The amendment shall be in full force and effect immediately upon its passage and publication. J Approved by the Albertville City Council this 9th Day of September 1996. CITY OF ALBERTVILLE CITY COUNCIL BY: Michael Potter, Mayor ATTEST: BY: Linda Houghton, City Clerk 3202518760 SEH-ST CLOUD Page 1/2 Job 192 Oct-30 Wed 15:48 1998 74,ot: 113S. FIFTH AVtNUL. PQ BOX 1717. 5rCL000. A1N:-:^4).' 1;'1: :t.'Yi.tti1''1',! t:k?!,r; +r E76"1! a 'AaAse" aRCHITECrURE - ENGINEERING 1 NVIIIONAILNIAL TRAN!'(*1R1AIWIN - TO: Garrison Hale City Administrator Albertville, MN FROM: Peter J. Carlson, P.E. City Engineer DATE: October 26, 1996 RE: Grading Plan Tom Schany Property SEH No. A-AL13EV 9701.00 I have reviewed the grading plan for the above referenced property and found the plan to be adequate. I recommend the City issue a grading permit for the proposed work - dig c: Linda Houghton, City Clerk 0:4u. MComoc-30B.96) SHORTEU0rT HENDRC SON ffi C. ST. PAtA, MN OWa A4N ChWVEWA FAI.I S, WI EOIAAL OPFORTLANIrrewLOYER MADISON, WI LAKE COUNTY IN Schany Enterprise THOMAS J. SCHANY, President (612) 428-4868 Fax (612)428-4997 October 24, 1996 Council Members City of Albertville 5975 Main Avenue NE Albertville, Minnesota 55301 REFERENCE: PID 364304 PID 361401 PID 364401 Dear Council Members: 14450 Northdale Boulevard Rogers, MN 55374 Enclosed is a copy of the proposed cut and fill as well as general cleanup of iron, etc. of the subject area to make it more appealing for development. If there are any questions, please call. I would like to commence work as soon as possible. Yours truly, SCHANY TERPRISE Tho J. Schany TJS:ls Enclosure cc: Mr. Pete Carlson SEH - St. Cloud, MN. 7b. z TO: GARY HALE, CITY ADMINISTRATOR, CITY COUNCIL MEMBERS FROM: MIRE COURT, CITY ATTORNEY SUBJECT: GRADING AGREEMENT FOR PARKSIDE 4TH ADDITION DATE: OCTgBER 31, 1996 The attached grading agreement for Parkside 4th Addition simply modifies the grading agreement for Parkside 3rd Addition to include the 4'th addition. The same $50,000 letter of credit remains in place and will be applied to the 4th addition grading agreement. Except for the language contained on this modification, all of the terms of the 3rd Addition grading agreement remain unchanged and will now apply to the 4th Addition. F4 TOTAL P.01 10-29-1996 02. 1 7PM FROM Pad zun 1 1 3 1--our i Law Off i TO 497 32100 P.02 I DRAFf# GRADING CONTRACT DATE AGREEMENT dated July , 1996 by and between the CITY OF ALBE;TVILLE, a municipal corporation ("City"), and SCHANY ENTE PRISE a Minnesota corporation (the "Developer"). 11. REQUEST FOR GRADING APPROVAL. The Developer has asked the City 'to approve the grading of those properties currently assigned prop rty ID numbers 101-500--364304, 101-500-361401, and 101-50o-- 3644 1 (collectively, the "Property"). 1 12. CONDITIONS OF APPROVAL. The City hereby approves the grading on the condition the Developer enter into this Contract, abide by its terms and furnish the security required by it. 13. GRADING AND DRAINAGE PLAN. The Property shall be graded in accordance with the Grading and Drainage plan attached as Exhibit A to this agreement. j4. TIME OF PERFORMANCE. The Developer shall complete the grad' g and erosion control by December 15, 1996. The Developer may, ,however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the secux ty posted by the Developer to reflect cost increases and the exte ed completion date. 15. EROSION CONTROL. Developer shall implement all erosion control measures detailed on the Grading and Drainage plan in the order1 required by the City Engineer. Developer shall also implement any additional erosion control measures required by the City ,Engineer or the Wright County Soil and Water conservation District. All areas disturbed by the excavation and backfiling operations shall be reseeded forthwith after the completion of the work lin that area. Except as otherwise provided in the erosion contrjol plan, seed shall be rye grass or other fast-growing seed suitale to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc anch ' ed as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Devel per does not comply with the erosion control plan and/or the requirements of the City Engineer or Wright County Soil and Water conservation District, the City may take such action as it deems appro riate to control erosion. The City will endeavor to notify the D veloper in advance of any proposed action, but failure of the City o do so will not affect the Developer's and City's rights or oblig tions hereunder. If the Developer does not reimburse the City for any cost the City incurred. for such work within thirty (30) ays, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the Property is in full compliance with the eroszpn control requirements. 6. GRADING PLAN. The Property shall be graded in accordance with the Grading and Drainage Plan. Within thirty (30) days after 10-28-1996 02:12PM FROM RadzwiII & Cour1 Law Off T 49732100 P.03 AFT i DATE �� Z"� . �. completion of the grading and before the City 'releases— �� tie secu ity, the Developer shall provide the City with an "as constructed" grading plan. 7. CLEAN UP. The Developer shall promptly clean dirt and debrs from streets that has resulted from construction work by the Developer, its agents or assigns. 8. SECURITY. To guarantee compliance with the terms of this Permit and to reimburse the City for any damage to public property as a result of the grading permitted herein, the; Developer shall furnish the City with a cash escrow or irrevocable' letter of credit from bank ("security") for $ The. bank and form of the etter of credit shall be subject to the approval of the City Atto ney.The letter of credit shall be for a term ending October 31, i997, and shall be renewed annually by the Developer until all grading is complete as specified herein. The City reserves the righ to draw on the letter of credit anytime within 45 days of its expi ation if the Developer does not provide the City with a rene al or an acceptable substitute letter of credit. 19. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shal pay all costs incurred by it or the City in conjunction with thefe ading and erosion control, including but not limited to Soil andater Conservation District charges, legal, planning, engiering and inspection expenses incurred in'connection with appr val and acceptance of the permit, the preparation of this Permit, and all costs and expenses incurred by the City in monit oring and inspecting the grading and erosion control. B. The Developer shall hold the City ;and its officers and a ployees harmless from claims made by itself and third parties for amages sustained or costs incurred resulting form permit appr al and work done in conjunction with it. The Developer shall inde nify the City and its officers and employees for all costs, dama es and expenses which the City may pay or incur in consequence of s Ich claims, including attorneys fees. J C. The Developer shall reimburse the City for costs incu�red in the enforcement of this permit, including engineering and ajttorney ' s fees. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this permit within thir (30) days after receipt. If the bills are not paid on time, the ity may halt all work and construction. 10. DEVELOPER'S DEFAULT. In the event of default by the Devel per as to any of the work to be performed by it hereunder, the ity may, at its option, perform the work and. Developer shall Promptly reimburse the City for any expense incurred by the City, proviIded the Developer is first given notice of the work in default 10-2e-1996 02:19PM FROM Radzw111 & Couri Law Offi TO 497132100 P.04 i not less than 48 hours in advance. This permit is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. PLAT APPROVAL. The City's approval to grade the property is g�11- ven without prejudice to the City's right to approve or deny future plat requests. CITY OF ALBERTVILLE BY: Michael Potter, Mayor AND Linda Houghton, City Clerk DEVELOPER: SCHANY ENTERPRISE BY; Thomas J. Schany Its President STATb OF MINNESOTA OF WRIGHT ;The foregoing instrument was acknowledged before me this f day of , 1996, by Michael Potter as Maycil of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the ,ity Council. Notary Public STATF OF MINNESOTA ) ) ss. COUN'y OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 1996, 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. i Notary Public 10-29-1996 02:19PM FROM Radzwill a Couri Law Offi TO 49732100 P.05 STATE OF MINNESOTA ) ) as. COUNTY OF WRIGHT ) I 1 iThe 'foregoing instrument was acknowledged before me this day of , 1996, by 'Thomas J. Schany as Piesiftnt of Schany Enterprise, Inc. This P.O. 705. St. instrument drafted by: el. C. Couri ill & Couri Box .569 antral Ave. E. ichael, MN 55376 Notary Public D��p . 1 3202518760 SEH-ST CLOUD Page 2/2 Job 192 Oct-30 Wed 15:49 f 4 h. • ' �' F C' r 113 S FIFTH AYFNIIF P 0 BOX 1717 ST CLOULI. MN avU.' , .1. (:.. • !' ;,) H/k; ARCHITECTURE . ENGINEERING LAll. O iNA7IN1:11 'r0: Garrison Hale City Administrator Albertville, MN FROM: Peter J. Carlson, P.E. City Engineer DATE: October 26, 1996 RE: EAW Findings of Fact Minneapolis Factory Shoppes SE] I No. A-ALBEV 9701.00 I have reviewed the findings of fact as prepared by Svoboda Ecological Resources and recommend the City Council approve the findings of fact as written. You should be aware that the EAW and continents received from the Mn/DOT suggests we will have Y traffic problems along CSAH 37, especially at Main Street and at the west -bound 1-94 off -ramp. Based on comments received from Mn/DOT, it appears their position will he that future traffic problems created locally will have to be resolved locally, with local dollars,�#�i Please call me if you have any questions. f- dig C: Linda Houghton, City Clerk Elizabeth Stockman, Northwest Associated Consultants, Inc. Mike Couri, City Attorney E. l (J:1AL$EV1C0ltR10C-70A.46) SHORTEUIOTT " INC• 5r PAUL. MN MMEA/1OLAS• W CHNIPEWA FAt 1.,;. W/ MADISON, W1 LAKE COuNt �h EOLAL OPPUI7TL►WTYEMPLOYER S i� (612) 497-3384 Fax: (612) 497421C Response to Comments and Findings of Fact Minneapolis Factory Shoppes Environmental Assessment Worksheet (EAW) In accordance with the standards and procedures of Minnesota Rules, Part 4410.1700 the City of Albertville has determined that an Environmental Impact Statement (EIS) is not required for the Minneapolis Factory Shoppes project. The City of Albertville makes a "Negative Declaration" on the need for any such EIS. This decision is based upon the findings of fact stated below. A. Type, Extent and Reversibility of Effects: 1. The City of Albertville finds that the proposed Minneapolis Factory Shoppes project is within the Ostego Creek Watershed. The Ostego Creek Authority has the local responsibility to protect water resources within this watershed. Based on studies completed by John Oliver and Associates, the north - south ditch which flows south into the north side of the Factory Shoppes site will be replaced by a twin 36" pipe system to convey water through the site. Prior to entering the site this ditch flows through a system of wetlands. A TR20 model to represent the existing and proposed conditions utilizing the wetlands as reservoirs was constructed. The pipe system proposed through the site will accommodate the flow from the existing 100-year, 24-hour event. The pipe does not connect with the proposed ponds around Town Square. The ditch entering the Factory Shoppes site from the west flows through existing wetlands, which are proposed to be enlarged as part of the wetlands mitigation. The twin 36" pipe outlet for the ditch system located in the southwest comer of the Factory Shoppes parking lot, is sized to allow the existing downstream wetland and the existing proposed wetland mitigation areas to the west of the site, to work in combination for storm water storage. The proposed ponds around Town Square are designed to control the rate of discharge from the Factory Shoppes site to the 100-year, 24-hour historic storm event. All rates of discharge are in accordance with the ultimate drainage plan for the Ostego Creek Watershed. The existing culvert under County Road 19, is a 30 inch RCP culvert. This culvert controls the storm water flows to School Lake, for the entire tributary area west of County Road 19, including the Factory Shoppes Site. No change is proposed for this culvert. According to the John Oliver and Associates analysis, the net effect of the proposed ponds and pipes is that there will be no increase in the existing 100-year 24-hour storm event discharge at the upstream end of the existing 30 inch culvert under County Road 19 as defined by the ultimate drainage plan for Ostego Creek. This finding addresses a of the concerns raised by the Ostego City Council. 2. The City of Albertville finds that the proposed development would comply with Best Management Practice requirements for treating storm water runoff. Analysis by John Oliver and Associates shows that the proposed onsite water quality ponds adjacent to Town Square were designed in accordance with the guidelines in Section 4.1 of "Protecting Water Quality in Urban Areas: Best Management Practices of Minnesota", by the Minnesota Pollution Control Agency Division of Water Quality. The ponds should provide the following water treatment as given in Figure 4.1 of the Best Management Practices Manual: Target Pollutant Percent Removal Suspended Solids 85-95 Oxygen Demand 50-90 Total Phosphorous 40-70 Dissolved Phosphorous 40-70 Nitrate Nitrogen 60-80 Kjeldahl Nitrogen 20-40 Copper 60-80 Lead 80-95 Zinc 40-80 The runoff discharged from the water quality ponds will be additionally treated by the existing wetland south of the Factory Shoppes development. Wetland treatment in Section 4.5 states "wetland treatment is very effective for removing sediment and pollutants associated with it (such as trace metals, nutrients, and hydrocarbons), oxygen demanding substances and bacteria from urban runoff'. The runoff from the site will therefore be treated twice before reaching School Lake. The guidelines set forth in the Best Management Practices Manual represents the current standards for storm water quality treatment in the Twin City Metropolitan area. There are no special water quality issues associated with the proposed Factory Shoppes development that would not be addressed by the Best Management Practices Manual requirements. This finding addresses a concern of the Ostego City Council. 3. The City of Albertville finds that open space land use on the property is currently agricultural (pasture and cropland). The proposed project would permanently change the land use from agricultural to retail. Retail land use includes restaurant, retail center and parking lot. 4. The City of Albertville finds that the project will not cause impacts to current cultural resources. This finding is in agreement with the review of the EAW completed by the Minnesota Historical Society. B. Cumulative Potential Effects of Related or Anticipated Future Projects: 1. The City of Albertville finds that the proposed Minneapolis Factory Shoppes project will not require the addition of an off ramp from westbound I-94 to CSAH 19. A traffic study completed by Benshoof and Associates concluded that the existing access to and from I-94 sufficiently accommodates the future traffic volumes. This addresses one of the concerns of the Minnesota Department of Transportation. C. Extent to Which Effects Can be Mitigated by Ongoing Public Regulatory Authorities: 1. The City of Albertville finds that the project will be available for review by the joint Ostego Creek Authority. A formal review and approval process currently does not exist for this watershed and a permit is not required. This addresses a concern raised by the Ostego City Council. 2. The City of Albertville finds that all wetland impacts and the mitigation of wetland impacts are subject to the review by the Minnesota Department of Natural Resources (protected waters only), the United States Army Corps of Engineers (including comment and review by the Minnesota Pollution Control Agency), and the Wright County Soil and Water Conservation District (the LGU for this project). Concerns with the impact and replacement of wetlands for the project will be addressed during the permitting process. This addresses concerns raised by the Minnesota Pollution Control Agency and the Minnesota Department of Natural Resources. D. Extent to Which Effects Can Be Anticipated and Controlled as a Result of Other Studies Undertaken by Public Agencies or the Project Proposer, or of Previous EISs: l . The City of Albertville finds that further analysis is needed before traffic signals are justified at the intersection of CSAH 37 and the I-94 westbound ramp, and the intersection of CSAH 37 and CSAH 19. Close monitoring of the volumes at these intersections after the development is built should occur to determine when the signals would be needed. This finding addresses the concerns of the Minnesota Department of Transportation and the Minnesota Pollution Control Agency Summary of Findings The proposed development, Minneapolis Factory Shoppes, conforms to current comprehensive plans. Environmental impacts are consistent with developments of this type, and mitigation measures will be incorporated into the construction process. Therefore, the City of Albertville finds that an Environmental Impact Statement is not required for the project, and makes a Negative Declaration. DENNIS FEHN. GRAVEL. & EXC Ditch Maintenance - Quote P.02 Phone (612) 497-2428 Fax (612) 497-3893 �4%4VEL - EXCAVAl }}' - INC. TO: CITY OF ALBERTVILLE 5975 MAIN AVE NE ALBERTVILLE, MN 55301 ATTN: GARRISON L. HALE 7,0 P.O. Box 256 11900 50th Street N.E. Albertvillc, MN 55301 DATE: OCTOBER 31, 1996 PROJECT: DITCH CLEANING LOCATION: 70TH ST & CTY RD 19 **####�M**�k+k**#�k�M#�k�R�R##*ile�k�kAc�k*##�k�►#�k�k*#**+k�k#�k**�k7��kric�lc###�M****##°k�N�k�k#**�R�MM#####�M�k�N�k*##�k*�MiF PROPOSAL DITCH CLEANING SERVICES AS FOLLOWS: -70TH STREET NORTH SIDE APPROX. 100 LF SOUTH SIDE APPROX. 200 LF -CTY RD 19 EAST TO LAKE APPROX. 600 LF -DITCH BETWEEN LAKES APPROX, 100 LF 325 BACKHOE (3 CY BUCKET) APPROX. 12 HOURS X $120.00 = $1,440.00 EXPORT SOIL FROM DITCHES = $40.00/LOAD TREE REMOVAL = $100.00/LO.AD *EXCLUDES FENCE REMOVAL �LLv� COMMERCIAL & RESIDENTIAL STTEWORK ' ROADBUILDING SAND & GRAVEL • DECORATIVE MATERIALS EguAL oppoRTUNTr'Y EMPLOYER 19 N.E. toz 9 $301 (612) 497-3384 Fiv (612) 497-3210 L Date of Calv/4/ � Time bf Call X "00 Name of Caller ��% ) �Ly✓� _ Address �/ J7 %�S J �r�J�% /L /� Jf�Gl-=ie'ly/Gym Telephone Number -r> % G S Nature of Complaints on Wednesday October 9, 1996 while driving to my homy I noticed the tiro hydrant on 54th Street and 54th Place w,ir, t�eir�g t lu,.hed by t-he Joint Powers. the weatea from this hydrant was Mowing at a very high velocity coveting 60% c:It thLi width of the street with water as much as a foot high in >um<� ai t as of the intersection, maki m.1 it alrnost impossible to pass sateiy. I approached the pereson that was doing the t lushi ng and asked him if he had sorn(-3 sort of a bai t le to restrict the flow, he .said he did. I than asked why he wasn't using it and he said "maybe Z would like to do his Job" . I said maybe we could Find another coriii.)any to do they lot.) in place of hip company. With that. he walked away and nothing eise was said. James r1 . Wa i tih Action Performed By Date 1 7j Extract of Minutes of Meeting s f of the City of Albertville, s Wright County, Minnesota Oro Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Albertville, Minnesota, was duly held in the City Hall in said City on Monday, November 4, 1996,.commencing at 7:00 o'clock P.M. The following members were present: and the following were absent: The following resolution was presented by Councilmember who moved its adoption: RESOLUTION NO. 1996-63 RESOLUTION AUTHORIZING SPRINGSTED INCORPORATED TO NEGOTIATE THE SALE OF APPROXIMATELY $400,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1996A BE IT RESOLVED By the City Council of the City of Albertville, Wright County, Minnesota (City) as follows: 1. The City Council has determined that it is necessary to finance public development and redevelopment costs in Tax Increment District No. 5. These costs are presently estimated to be $400,000. 2. The City will, therefore, issue and sell its $400,000 General Obligation Tax Increment Bonds, Series 1996A (Bonds) pursuant to Minnesota Statutes, Section 469.179, Subdivision 2 and Chapter 475 (collectively, the Act). D, X112376 AL141-22 Z d N3AUaD '8 AUNN3N 9E:bZ 96, 0E 1,n0 3. Pursuant to the Act, the City is authorized to negotiate the sale of the Bonds in accordance with the Temas of Proposal attached hereto as Exhibit A. 4. Springsted Incorporated, St. Paul, Minnesota, is authorized and directed to obtain offers for the purchase of the Bonds and present those offers to the Council at a time and place directed by the Council. Mayor Attest: City Clerk -Treasurer WK112376 AL141-22 E . d N3t\dZ19 I Aa3NN3A LE : b Z 96, OE 130 Recommendations For City of Albertville, Minnesota $400,000 General Obligation Tax Increment Bonds, Series 1996A Presented to: Mayor Michael Potter Members, City Council Mr. Garrison Hale, City Administrator City of Albertville 5975 Main Street Northeast Albertville, MN 55301 SPRINGSTED Public Finance Advisors Study No.: A0116T1 SPRINGSTED Incorporated October 29, 1996 10 f RECOMMENDATIONS Re: Recommendations for the Issuance of: $400,000 General Obligation Tax Increment Bonds, Series 1996A The proceeds from the Series 1996A Bonds will be used to finance the construction of improvements to Highways 19 and 37. We recommend the following for the issue: 2 3 4. 5 0 7 0 Action Requested To establish the sale of the Issue and establish the terms and conditions of the offering. Sale Date and Time Prior to the Council meeting on Monday, November 18, 1996, or Monday, November 25, 1996 with award by the City Council at 7:00 P.M. on the same day. Authority for the Bond Issue The Bonds are being issued pursuant to Minnesota Statutes, Chapter 469. The Bonds are additionally being issued under Minnesota Statutes, Chapter 475. Principal Amount of Offering $400,000 Repayment Term Semi-annual interest payments will be made beginning August 1, 1997 and every February 1 and August 1 thereafter for the life of the Bonds. The Series 1996A Bonds will mature February 1, 1998 through 2008. Prepayment Provisions The February 1, 2005 through 2007 maturities of the Bonds will be callable on February 1, 2004, and any day thereafter, at a price of par plus accrued interest. Source of Payment The Series 1996A Bonds will be paid through a combination of tax increment revenue, special assessments and an ad valorem tax levy. Projected tax increment income of $140,000 from Tax Increment District No. 5 will be used to pay principal and interest on the Bonds. Tax increment revenues will be received in 1997 and 1998 and will be available for payment of a portion of the principal and interest on the Bonds due the subsequent year. Special assessment income totaling $290,431 will be available to pay principal and interest for the 1999 through 2008 maturities. In addition, a tax levy averaging $9,263 a year will be used for repayment of principal and interest on the Bonds. Credit Rating Comments We recommend the City not apply for a rating on the Series 1996A Bonds. City of Albertville, Minnesota October 29, 1996 9. Rebate Requirements All tax-exempt issues are subject to the federal arbitrage requirements. However, since the City will issue less than $5,000,000 in tax-exempt debt in 1996, it may exempt itself from rebating arbitrage earnings to the federal government. 10. Federal Reimbursement Regulations 11. Economic Life Federal reimbursement regulations require the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of bond proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations. The average life of the issue cannot exceed 120% of the economic life of the projects to be financed. Improvements have an economic life of 20 years so this issue is within the economic life requirement. 12. Continuing Disclosure This issue is not subject to the new SEC continuing disclosure rules because the size of the issue is less than $1,000,000. A summary of the disclosure rules has been provided to City staff, detailing the City's continuing disclosure responsibilities. 13. Attachments Debt Service Schedule Assessment Income Schedule Terms of Proposal DISCUSSION The projected debt service for the Series 1996A Bonds is shown on page 4 of these recommendations. Column 6 details the amount of principal and interest coming due each year. Special assessments are expected to be filed in the fall of 1997 for collection in 1998. The projected assessment income is displayed on page 5 of these recommendations. Tax increment revenue of $140,000 is expected from the City's Tax Increment District No. 5; $70,000 will be available for principal and interest payments in both 1998 and 1999. The remaining requirement for repayment of the bonds will come from an ad valorem tax levy certified by the City in 1996. The sale of the Series 1996A Bonds will be negotiated with Highland Bank of St. Michael by either November 18 or November 25, 1996 and will be considered by the City Council that evening. The term of the proposed bond is ten years. Although a five-year term was discussed the last time this issue was before the City Council, a ten-year term is recommended since the proposed land donation agreement with John George, Inc. calls for a ten-year assessment period. In addition, past City policy has been to assess non -developer driven improvements Page 2 City of Albertville, Minnesota October 29, 1996 over an eight to ten-year period since each landowner (including Savitski and Vinge) has the option to prepay the assessment at any time should the landowner desire to avoid the interest charges of a longer assessment. Respectfully submitted, � � I J C' Cam" 4 to, SPRINGSTED Incorporated kmk Page 3 City of Albertville, Minnesota G.O. Tax Increment Bonds Dated: 12- 1-1996 Mature: 2-1 First Interest: 8- 1-1997 Prepared October 22, 1996 By SPRINGSTED Incorporated Total Tax Projected Projected (ear of Year of Principal 105% Increment Assessment Tax Total Levy Mat. Principal Rates Interest & Interest of Total Income Income Levy Income (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 1996 1998 $50,000 4.55% $23,263 $73,263 $76,926 $70,000 $0 $6,926 $76,926 1997 1999 95,000 4.70% 17,665 112,665 118,298 70,000 37,162 11,136 118,298 1998 2000 30,000 4.80% 13,200 43,200 45,360 0 34,281 11,079 45,360 1999 2001 30,000 4.90% 11,760 41,760 43,848 0 32,746 11,102 43,848 2000 2002 30,000 5.00% 10,290 40,290 42,305 0 31,211 11,094 42,305 2001 2003 30,000 5.10% 8,790 38,790 40,730 0 29,676 11,054 40,730 2002 2004 30,000 5.20% 7,260 37,260 39,123 0 28,141 10,982 39,123 2003 2005 25,000 5.30% 5,700 30,700 32,235 0 26,606 5,629 32,235 2004 2006 25,000 5.40% 4,375 29,375 30,844 0 25,071 5,773 30,844 2005 2007 25,000 5.50% 3,025 28,025 29,426 0 23,536 5,890 29,426 2006 2008 30,000 5.50% 1,650 31,650 33,233 0 22,001 11,232 33,233 TOTALS: $400,000 $106,978 $506,978 $532,328 $140,000 $290,431 $101,897 $532,328 Bond Years: 2,061.67 Annual Interest: Avg. Maturity: 5.15 Plus Discount: Avg. Annual Rat 5.189% Net Interest: T.I.C. Rate: 5.399% N.I.C. Rate: Average Tax Levy Required: $9,263 106,978 4,000 110,978 5.383% Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. Composition of this Issue Construction Cost $200,000 Right of Way 185,000 Engineering 25,000 Bond Discount 4,000 Issuance Costs 20,000 Contingency 15,500 Less: Funds on hand (49,500) Total Bond Issue $400,000 Prepared by: Springsted Incorporated (10/23/96) ALB30K.XLS P 4 i (D M i r t\ CT O f,- M O M cC rNf,N(DTUOui0 � I +J 1 w 'D O' N r M CO (D (n M N O (D O F- M M M M N N N N N N M M +� N r L 0 w Q. r L. 1 +.J 1 0 0 O 0 O u7 O 0 O LO r N O to M r M et rr*-"T 0 r- M fl- U J O' 0 M N L. C L I w C) ► Q O (D M N O M f� U M r In in 4d 1 r T r r co 00 F- C ' +J LU (.) F— O O (A C7 F- Z .-1 (D U U O (D (D O (D (D (D 0 Cl) " 1 ' M U U U U M M M U U M L. CC Q ' � � IT st tt "t It (D M a 1 -4 ' CL 0) U ooCT0000000 �7 O ' C N N N N N N N N N N O L. >. -4 ' N CL CO ' L ' fL ' M000000000 (P) 0) .•a M(n0u70u)0LO0LO et C m ' M O (D r N N 00 M M r •.-I N 0' O O M M M M t\ P- M (D (A .1" I M F- ' r r CO 4- M T \ 0 O O L. LU Cn M M\ ++a1P (f)000000000 u) M O +rr (AO 0)LO0Ln0u70ln0LO V +'+M U Cr CD 00a(DrNNCOMM� r (AM Z O L u7 C) r -� L. (D M M N N T r ui L\ LL. 4-0 N C) r F- O C +-+ M Z ++ �- 4 C -- LU M •14 N VI Z (n L) 1--I ' 0000000000 O O 0 LU C cz 0000000000 O '0 4• to '+ Cl ' 0000000000 0 7 co -4 .1..1 ri O Q -4 U' M U U U 0 M (D M (D (D O (.) +-j LL C ' (D C cz 0 •1'+ ' HI LU L. 1 F- CL ' U � LL! 7 O 0= O_ N r (D r (D r (D r (D r (D (3) ­4 ' (D M y (D N M O N M u) co C (C ' N N r O M M M f' (D (n N • 4 {.+ 1-4 ti 0 0 VMNOMMNCDO u') •1•4 O 4- M N T CC G \ 0 O L N M cz 4- M\ +-0aPP —000aLO0LO0Ln (D CO T (A O' O (D CO M T N V LO i\ 00 N 4+ M ofyr a)0 ' Mr- OLOu)ctMNra (D (AM L L 1 w O T M C) TM COf1(DIn�;MNr O L. T • • +J f` ' r (D O T N C 4- CO >, +j H u C \ 3 co •4 N = 0 r N cz CA -4 (D O (D O (D O CO (D (D 0 O (2) 0 +•+ C (C (D 0 (D (D (D 0 co (D (D (D (D •a +j 0 Cl. ' v v � It st v Itr to 7 U +•+ C LL C ' T T r T T r T T T T C cz C • 4 1 r M CS •rl L ' C ' cV C) -4 1--I > 4-J +j(A O L 1 COMOrNM�(()Ut` L. 10 O cC ' M M O O O O O O O O O C -I C) ' MM00000000 Y 0 ' T T N N N N N N N N r-4 co O CO Q O LL Q O O N co M O r N M V Lf) (D F- 4-, o M M M o 0 0 0 0 0 0 .� •.•� } 1 r r r N N N N N N N U (� LL. Page 5 TERMS OF PROPOSAL $400,000 CITY OF ALBERTVILLE, MINNESOTA GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1996A DETAILS OF THE BONDS The Bonds will be dated December 1, 1996, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1997. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 1998 $50,000 2001 $30,000 2004 $30,000 2007 $25,000 1999 $95,000 2002 $30,000 2005 $25,000 2008 $30,000 2000 $30,000 2003 $30,000 2006 $25,000 OPTIONAL REDEMPTION The City may elect on February 1, 2004, and on any day thereafter, to prepay Bonds due on or after February 1, 2005. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge tax increment revenues from the City's Tax Increment Financing District No. 5. TYPE OF PROPOSALS Proposals shall be for not less than $396,000 and accrued interest on the total principal amount of the Bonds. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. SETTLEMENT On or about 30 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven of Minneapolis, Minnesota. Page 6 ERHIBIT A TERMS OF PROPOSAL $400,000 CITY OF ALB@RTVILLE, MINNESOTA GENERAL OBLIG sTIIONIN ES TAXS INAE CRMENT BONDS, OF -TAILS OF THE BONDS The Bonds will be dated December ; , f9aa� s yeadate of r, commencing �aAissue, ugust 1�1997! alnterestar rw II payable on February I and August be computed on the basis of a 360-day year of twelve 30-clay months. The Bonds will mature February 1 in the years and amounts as follows: 2007 $25,000 1998 $50,000 2001 $30,000 2004 $30.Q00 2008 $30,000 1999 $96,000 2002 $30,000 2005 $25,000 2000 $30,000 2003 $30,000 2006 $25,000 OPTIONAL. REDI=MPTION The City may elect on February 1, 2004, and on any day thereafter, to prepay Bonds due on Of after February 1, 2005. Redemption may be in whole or in part and if in partturity at the option Of as by the City and in such order as s sita City be aaladetermine f par pluswithin accruedanterest. the registrar. All prepayment SECURITY l faith and The Bonds will be general obligations of the City �° Wes. In additionCity l� thledge its e City will Ipledge tax credit and power to levy direct general ad increment revenues from the City's Tax Increment Financing District No. S. TYPE OF PROPOSALS Proposals shall be for not less than $398,000 to da S accrued in ere 1 /8 of trst an a total grin maust be amount n Of the Bonds. Rates shall be in integral rnu p me maturi oposai will be accepted from the date of the ascending order. Bonds of the sa Bonds to the date of maturity. No conditions p Ao SETTLEMENT On or about 30 days following the date of their to the C,ty and the will purchaserered Dgl Delivery will be hout cost to the purchaser at a Place mutually satisfactory subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven of Minneapolis, Minnesota - IV . b ' d N3AU69 '8 ),G3NN3A LE : b Z 96, 0E 130 ARBITRAGE AND REBATE PRIMER Background The following information entitled "Arbitrage and Rebate Primer" is a general description of the arbitrage and rebate requirements under existing laws and regulations. In June 1993, the Treasury issued its final arbitrage regulations, which we have attempted to address in this discussion. This material is being furnished by Springsted Incorporated in order to provide issuers with general information relating to the arbitrage regulations. It does not purport to be a definitive set of instructions, and it should not be construed as legal advice. While this description represents a consensus among nationally recognized bond counsel firms on the issues discussed, issuers should be aware that different bond counsels may have differing opinions. It should further be noted that this description may not reflect changes in law that may occur, or certain Treasury regulations and administrative and judicial rulings that may have been promulgated, subsequent to the date of its preparation. Any such changes in law or new rulings and regulations may have a material effect on the issuer's duties. Concept What is the general concept behind the arbitrage laws? The arbitrage laws minimize the benefits that can be obtained through the investment of proceeds from the issuance of tax- exempt obligations. These laws remove the incentive to issue more obligations, issue obligations earlier, or to leave obligations outstanding longer than necessary to carry out the governmental purpose of the issue. Definition The general definition of an arbitrage obligation is any obligation which attempts to exploit the difference between tax-exempt and taxable interest rates by investing in a materially higher yield (except under certain permitted temporary periods) or to increase the burden on the tax- exempt market through early issuance or over issuance. An arbitrage obligation cannot be issued as a tax-exempt obligation. The arbitrage rules set forth certain exemptions or "safe harbor" provisions for permitting the issuance of tax-exempt obligations. With each issue, the issuer must reasonably expect to expend not less than 5% of obligation proceeds, including investment earnings but exclusive of any reserve, within six months of receipt and 85% within three years. In addition to the 5%, the issuer must continue with due diligence to complete the project and expend the proceeds. In General The arbitrage laws can be broken into two sections. The first section has roots which began in the provisions enacted by congress in the Tax Reform Act of 1969. These rules set forth the criteria by which the proceeds of the tax-exempt obligations can be invested. The second section calls for arbitrage profits to be rebated back to the IRS. The second portion originated in 1981 when congress imposed a rebate requirement on mortgage revenue bonds. The rebate extended to industrial development bonds in 1985 and generally to most other tax- exempt obligations in 1986. SPRINGSTED - i - January 24, 1996 Since the Tax Code of 1986, regulations of 1989, 1992, 1993 and 1994 have been written. The most important of these are the comprehensive revised regulations of 1993 which are effective for tax-exempt obligations issued after June 30, 1993. Funds Subject to Arbitrage and Rebate Gross Proceeds of an issue are subject to provisions. Gross proceeds, as defined in th issuance of tax-exempt obligations, investmen provided for payment of debt service on the obligations, regardless of source. Yield on Tax -Exempt Obligations e the arbitrage restriction and arbitrage rebate Tax Code, include original proceeds from the t earnings on those proceeds, and any money obligations or as security or a reserve for the The arbitrage laws limit allowable earnings and determine rebate by using "yield" as a measurement. The yield on a fixed rate issue is the discount rate that, when computing the present value as of the issue date of all payments of principal, interest and fees for qualified guarantees on the issue (i.e. insurance premium) produces an amount equal to the present value, using the same discount rate, of the aggregate issue price of the tax-exempt obligation as of the issue date. The yield on a variable rate issue is the discount rate that, when used in computing the present value as of the first date of a computation period of all payments attributable to the computation period, produces an amount equal to the present value of the aggregate issue price (or deemed issue price for the computation period) as of the first date of the computation period. Restricted Yields and Temporary Periods In addition to the rebate provisions under certain circumstances, investments of the proceeds from the issuance of tax-exempt obligations are restricted to a yield not to exceed one -eighth of one percent of the yield on the obligations. This concept is referred to in the regulations as "materially higher yield." Restricted yield is required for (i) proceeds, including investment earnings but excluding reserve funds not expended within the three-year period; (ii) that portion of proceeds in a reserve fund in excess of 10% of the issue amount; (iii) funds from any source in a reserve fund in excess of 10% of the issue amount; and (iv) amounts in a debt service fund in excess of a bona fide debt service fund amount plus the minor portion. Proceeds not subject to these restricted yield requirements qualify for temporary periods and are eligible to be invested at an unrestricted yield. Rebate Exemptions The Code and regulations provide some exceptions to the rebate requirements. They are as follows: a) small issuer exception; b) exception for investments in tax-exempt securities; c) six-month spending exception; d) 18-month spending exception; e) 24-month spending exception; f) six-month tax and revenue anticipation note (TRANs) spending exception; and g) bona fide debt service fund exception. 2 SPRINGSTED - ii - January 24, 1996 Although these exceptions exempt an issuer from being subject to various rebate requirements, an issuer must comply with the arbitrage provisions. Small Issuer Exception According to the 1993 regulations, an issue (other than a refunding issue) qualifies for the small issuer exception only if the issuer reasonably expects, as of the issue date, that the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued during that calendar year does not exceed $5,000,000. Unlike other arbitrage and rebate tests, actual events prevail over reasonable expectations. If additional unexpected obligations are issued, so the total amount exceeds $5,000,000 during the calendar year, the small issuer exception will no longer apply. Obligations issued by a subordinate entity must be included in the aggregate face amount of any obligations issued by an entity. Only the portion of a current refunding tax-exempt obligation that exceeds the face amount of the obligation being refunded is included in the total aggregate face amount issued. Advance refunding obligations are subject to rebate unless all the following criteria are met: a) the face amount of all tax-exempt obligations (other than private activity bonds) issued during the calendar year does not exceed $5,000,000; b) the refunded issues were exempted from rebate when issued or, if issued prior to 1986, they were issued in a year when the issuer did not issue more than $5,000,000 of governmental obligations; c) the average maturity date of the refunding issues is not later than the average maturity date of the obligations to be refunded; and d) no refunding bond has a maturity date later than 30 years after the date the original bond was issued. The 1993 regulations also set forth special provisions if any original issue discount or original issue premium is not a "de minimis" amount. If either is not a " de minimis" amount, the total aggregate face amount of the issue may be different than the par amount of tax-exempt obligations issued. Exception for Investments in Tax -Exempt Securities The regulations provide an exemption from rebate if the gross proceeds of an issue are invested in certain tax-exempt securities. The tax-exempt securities must not be subject to the Alternative Minimum Tax (AMT) for their earnings to be exempt. For obligations issued after March 31, 1988, whose proceeds are invested in tax-exempt obligations subject to the AMT, the earnings from the AMT investments will be subject to the rebate requirements. Spending Exceptions Issuers are not required to rebate excess earnings on project funds if they meet either the six- month, 18-month or 24-month spending exceptions. For all three spending exceptions, rebate will still be due on any reserve funds, debt service funds and sinking funds. Expenditures of tax-exempt proceeds to redeem bonds do not qualify toward the various expenditure targets. 2 SPRINGSTED - iii - January 24, 1996 The six-month and 18-month exceptions can apply to any type of tax-exempt obligations, including industrial development bonds or mortgage revenue bonds. The 24-month exception applies only to "construction issues." See discussion under "24-Month Spending Exception" for details on this exception. Eatpe�dct Yttiii !=x enditure Testods Six -Month ?too Month 6 months 100% 15% 10% 12 months 60% 45% 18 months 100% 75% 24 months 100% Six -Month Spending Exception Issuers can qualify for the six-month exception if 100% of the proceeds are expended within six months. This law allows issuers of governmental use bonds or 501(c)(3) bonds an additional six months to spend proceeds, provided the unspent amount after the first six months did not exceed the lesser of 5% of proceeds or $100,000. 18-Month Spending Exception Issuers can qualify for the 18-month exception if 100% of the gross proceeds are spent within 18 months according to the following schedule: a) at least 15% of the gross proceeds were spent within six months after the date of the issuance of the bonds; b) 60% of such proceeds were spent within one year; c) 100% of such proceeds were spent within 18 months. Failure to spend down a "de minimis" amount at the final payment date is disregarded for the 18-month exception if: a) the amount does not exceed the lesser of 3% of the issue price or $250,000; b) the issuer exercises due diligence to complete the project; and c) if, after 18 months a "reasonable retainage," limited to 5% of construction proceeds is spent within the next twelve months. 24-Month Spending Exception The 24-month spending exception provides an exception from the rebate requirements for construction proceeds if at least 75% of the proceeds of the issue are for construction purposes and if the following spending criteria are met: a) at least 10% of the "available construction proceeds" were spent within six months after the date of issuance of the bonds; b) 45% of such proceeds were spent within one year; c) 75% of such proceeds were spent within 18 months; and d) 100% of such proceeds were spent within two years. ® SPRINGSTED - iv - January 24, 1996 The same rules that define failure to spend down a "de minimis" amount at the final payment date for the 18-month spending exception also apply to the 24-month spending exception. The term "available construction proceeds" means an amount equal to the "issue price" (the principal amount plus accrued interest less discount) of the obligations, increased by the earnings on the issue price, and decreased by both the amount of the issue price in a reasonably required reserve fund and the issuance costs of the issue. At the time of issuance, the issuer may elect that shortfalls in meeting the expenditure tests will be subject to 1.5% penalty each six months, instead of subjecting the entire issue to rebate. Under the 24-month spending exception the issuer can elect the following provisions a) to apply provisions based on actual facts in lieu of reasonable expectations; b) to exclude earnings on a reasonably required reserve or replacement fund from available construction proceeds; c) to treat a portion of an issue used for construction as a separate issue (bifurcation); and d) to terminate the 1.5% penalty and subject the issue to rebate. TRANs Six -Month Spending Exception Issuers can qualify for this six-month exception if, within the first six -months of issuance, the actual cash position, including the TRANS proceeds, reduces to no more than 10% of the size of the TRANs borrowing. Bona Fide Debt Service Exception Amounts deposited into a bona fide debt service fund (BDSF) are exempt from rebate for long- term fixed rate issues and for short-term or variable rate issues if the BDSF earned less than $100,000 during each bond year. A BDSF is defined as a fund which equally matches the revenues to the debt service within each bond year, with a permitted carryover of the greater of the actual earnings in the fund in the preceding bond year or 1/12th of the debt service. See discussion under "Other Topics of Interest" for more information regarding debt service funds. Rebate If an issue or fund does not meet any of the above mentioned exceptions, it is subject to the rebate requirements and any arbitrage earnings will have to be rebated to the Internal Revenue Service. Rebate Computation Periods and Payments At the time the bond issue is sold, an anniversary date is established by the issuer. This is usually the dated date of the bonds, but can be any reasonable date within that year. Not less than every five years from the anniversary date, the issuer must compute the rebatable amount and send at least 90% of the amount to the Treasury. Within 60 days of the final debt service payment, regardless of the length of the issue, the final computations must be completed and all remaining rebatable funds sent to the Treasury. An issuer may recover an 2 SPRINGSTED - v - January 24, 1996 overpayment for an issue of tax-exempt obligations by establishing to the satisfaction of the Commissioner that the overpayment occurred. Annual vs. Fifth Year Although rebate reporting is not required by federal regulations until each fifth year interval, we have long maintained the position that the issuer is best served by annual calculations. Debt management and recognition of financial obligations are better served by annual computations, particularly during the period of time when the project funds remain available or if rebatable earnings are anticipated. Information Necessary to Generate a Rebate Calculation In order to properly comply with the arbitrage and rebate provisions, careful records have to be maintained by the issuer for all funds subject to rebate. The information needed to produce a rebate calculation consists of all investment cash flow transactions (receipts and disbursements) into and out of the funds subject to rebate as summarized as follows: 1) Deposits of proceeds or funds from other sources into each fund. 2) Investments of moneys in the fund (i.e. purchase price, purchase date, accrued interest, etc.). 3) Dates and amounts of receipts of interest and principal from investment balances. 4) Fund and investment balances as of the computation date. Calculating Rebate on TRANS If the issuer does not qualify for the available six-month exception, the regulations require that cash on hand is expended first, then future revenues received before the deficit, and finally the TRANs proceeds. Issuers beware. Under this method of use of funds, it becomes very unlikely that short-term borrowing proceeds will be expended quickly. Thus, most of your short-term borrowing proceeds will be assumed to be available for a period of time and could generate a rebate liability. Other Topics of Interest Arbitrage Requirements An issue that is exempt from the rebate requirements is not exempt from the arbitrage requirements. Private Activitv Bonds Private activity bonds are generally those for which (i) more than 10% of the bond proceeds will be used for private business and more than 10% of debt service payments will be paid or secured, either directly or indirectly, by a private business interest; or (ii) a loan of more than 5% of the bond proceeds (or $5,000,000, if less) will be made to a "non -governmental person." A special category of private activity bonds exist for 501(c)(3) organizations, primarily not -for - profit educational and healthcare facilities. ® SPRINGSTED - vi - January 24, 1996 Governmental Purpose Bonds Governmental purpose bonds are bonds that are not private activity bonds Application of the 1993 Regulations The 1993 regulations are generally effective for bonds issued after June 30, 1993. Issuers also may elect to apply 1993 regulations, except for the 18-month spending exception from rebate, to bonds issued on or before June 30, 1993 that are still outstanding on that date. Reimbursement Bonds A reimbursement bond is a portion of a bond issue used to pay an expenditure that was paid prior to the date the bond was issued. A reimbursement bond cannot be issued as tax-exempt unless the issuer meets the following requirements: If an issuer wishes to reimburse itself with proceeds from tax-exempt bonds to be issued after the expenditure is actually made, it must declare its intent to do so within 60 days after the expenditure has been made. The declaration must contain (i) a description of the project or identify the fund or account used to pay the expenditure and (ii) state the maximum amount of bonds expected to be issued for the project. Preliminary expenditures in an amount not greater than 20% of the bond issue may be paid without the declaration of intent. These expenditures include architectural, engineering, testing, surveying, bond issuance costs and other incidental costs incurred prior to commencement of the project. Eligible costs do not include land acquisition or site preparation. A "de minimis" amount equal to the lesser of $100,000 or 5% of the proceeds is also available. Reimbursement must take place not later than 18 months after the later of (i) the date the expenditure was made or (ii) the date the financed property is placed in service or abandoned, but in no event later than three years after the expenditure is made. Small issuers (governmental units that issue $5,000,000 or less of tax-exempt bonds during the calendar year) get a three-year period instead of 18 months. Useful Life To assure tax-exempt obligations are not outstanding too long, safe harbors should be adhered to. A safe harbor maturity limits the average maturity of the issue to 120% of the useful life of the capital project being financed with the proceeds from the tax-exempt obligation. The IRS has provided some guidelines as to expected useful life calculations which can be taken into account in the structuring of each bond issue. Yield Reduction Payments on Non Bona Fide Portion of Debt Service Fund With the demise of the ten-year temporary period for debt service funds for tax-exempt obligations issued after June 30, 1993, amounts in excess of the bona fide portion of a debt service fund must be yield restricted. Because yield restricting debt service funds can be a complicated and cumbersome process, the IRS allows issuers to make yield reduction payments (similar to rebate) on non bona fide amounts of up to 15% of the original stated principal amount of the issue. Once the non bona fide portion exceeds 15% the fund must be yield restricted. Small issuers as well as those subject to rebate can use yield reduction payments instead of making restricted investments. Note: Being a small issuer does not exempt an issuer from being subject to yield restriction 2 SPRINGSTED - vii - January 24, 1996 CONTINUING DISCLOSURE REQUIREMENTS Following are the fundamental ideas of the Continuing Disclosure requirements set forth by the Securities Exchange Commission under SEC regulation 15(c)2-12. This material is not meant to be definitive set of instructions, but merely a helpful guide to understanding the topic. Background The Securities Acts of 1933 and 1934 exempted most municipal securities from registration with and regulation by the Securities Exchange Commission (the "SEC"). Antifraud provisions of those Acts are not exempted however, and the SEC is using those provisions to ensure there is full and accurate information available to the holders of municipal bonds. The Municipal Securities Rulemaking Board (the WSRB") was established in the 1970's and has set standards for "Official Statements" and other disclosure documents to assist issuers and underwriters in the preparation of adequate disclosure documents. Effective January 1, 1990, the SEC promulgated Rule 15c2-12(b)(5) ("the Rule") which requires underwriters of municipal securities to make a professional review of the Official Statement prepared for the offering before making a recommendation to an investor to purchase. The Rule thus requires issuers to prepare Official Statements and make them available to underwriters prior to soliciting bids and to provide a reasonable number of "final" Official Statements to investors. In 1995 the Rule was amended to also require issuers of municipal securities to continue to update the information in the final official statement throughout the life of the issue. The amended Rule makes it unlawful for an underwriter to participate in the primary offering of municipal securities unless, prior to submitting a bid or entering into a contract to purchase the securities, it has reasonably determined that the issuer or an obligated person has undertaken in writing (the "Undertaking"), for the benefit of the holders, to provide continuing disclosure information to specific repositories. The Rule is issue specific, meaning that each offering is viewed as a separate obligation of the issuer. There are some exceptions to these requirements. Exemptions From The Rule There are two exemptions that completely exempt an issue from any continuing disclosure requirements of the Rule: A. If the issue amount is less than $1,000,000. Breaking up an offering into multiple issues of the same class and purpose of less than $1 million is prohibited and the aggregate amount will be controlling. B. If the bonds are issued in minimum denominations of $100,000 and are sold in limited private placements or mature in less than nine months or are subject to optional tender to the issuer at least as frequently as nine months. There are two partial conditional exemptions that are also available: A. If an issue has a stated maturity of 18 months or less, the requirements for an annual report of financial information and operating data are not required. The issuer must still undertake in an agreement enforceable by the holders to provide timely notice of any occurrence of certain specified material events. 2 SPRINGSTED - 1 - April 18, 1996 B. If each obligated person with respect to the issue has less than $10,000,000 of municipal securities outstanding, including the proposed issue, as to which it is an obligated person, the financial information and operating data requirements are generally limited to information which is customarily prepared by the obligated person and available to the public. Notice of any occurrence of certain specified material events is also required. The issuer must in the final official statement identify by name, address and telephone number from whom the information may be obtained, if not from the issuer itself. Obligated Persons An obligated person is any "person" who is committed by contract or other arrangement to support all or a portion of the debt payments. This could be an enterprise fund, another governmental unit, or a private party. The issuer may not necessarily be an obligated person, such as with a conduit financing for a 501(c)(3) corporation or an industrial development bond. Each obligated person is responsible for its obligations under the Rule. The final official statement will identify who is deemed a material obligated person. The issuer has some potential liability if the obligated person does not perform as pledged in the Undertaking. If there is a history of persistent and material breaches of undertakings, they may preclude underwriters from being able to rely on the issuer's Undertaking for a future issue, therefore precluding underwriters from purchasing the issue. This is an area of the new Rule that will be closely watched and hopefully clarified as examples of noncompliance unfold. Continuing Disclosure Commitment To facilitate compliance with the Rule, except for the exceptions listed above, each offering will require the issuer to undertake to provide continuing disclosure throughout the term of the issue. In order for the underwriter to be assured the issuer will comply with the Rule, the Notice of Sale (if a public sale) will include a statement of intent to undertake or a statement of exemption from the Rule. If the sale is negotiated the Purchase Agreement will contain the language. The preliminary and final official statements will describe the terms and details of the Undertaking. The issuer will furnish the purchaser a copy of the Undertaking at closing setting forth its details and terms, and that such Undertaking is a condition of closing. This Undertaking can be a separate document or can be incorporated into the resolution awarding the issue. If there have been past compliance failures, the official statement must specify each instance. There are two parts to the disclosure process. The first is the Annual Report, which includes updated financial and operating data with respect to the issuer or other obligated persons, provided at least annually, including audited financial statements prepared in accordance with a specified standard (GAAP etc.). Information provided in the final official statement that has been specifically deemed material must be updated annually. The Undertaking will specify a time each year by when the information will be provided. The Annual Report must be filed with each of the Nationally Recognized Municipal Securities Information Repositories ("NRMSIR"), of which there are currently six, and the State Depository, if there is one. "Significant Events" has been a concern of many issuers because of the uncertainty of interpretation as to materiality. The SEC has clarified this by listing eleven material events ("Significant Events") which must be considered with every issue. Principal and interest payment delinquencies; 2. Non-payment related defaults; H SPRINGSTED - 2 - April 18, 1996 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax exempt status of the issue; 7. Modification of rights of bondholders; 8. Bond Calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the bonds; and 11. Rating changes. In addition, the failure of the issuer to provide the annual report disclosure information at the time specified is also an event requiring disclosure. Whenever the issuer obtains knowledge of the occurrence of a Significant Event, the issuer shall as soon as possible determine under applicable legal standards if such event would constitute material information for holders of the bonds. Items (8), (9) and (11) will always be deemed to be material. If the issuer determines that knowledge of the occurrence of a Significant Event would be material, notice must be provided to the MSRB and the State Depository, if any. Failure to Comply With the Undertaking The SEC has initiated the Rule under the anti -fraud provisions of the Securities Acts of 1933 and 1934. The emphasis on enforcing compliance falls on the underwriters who trade the securities, both in the primary market and the secondary market. If the underwriter cannot be assured that the issuer will comply in the future, based on historical experience, they may not bid on the new issue or buy or sell the issuer's securities in the secondary market. A holder of a bond in the secondary market may find it difficult or costly to sell the security if no current information is available since the underwriter cannot assure the adequacy of the information necessary to recommend purchase of the security. The Undertaking specifies that the bondholders can sue for compliance, and possibly monetary damages. The rating agencies have also stated that failure to comply may cause the rating on the bonds to be dropped or lowered. 2 SPRINGSTED - 3 - April 18, 1996 Highway 19 & 37 Property acquisition costs Based upon appraised values Parcel Appraised Owner No. Value Barthel 25 $13,450 Barthel 26 $3,725 Center Oaks 20 $2,600 Dj's 36 $10,370 Kenco 21 $11,000 Marx 24 $15,350 Roden 22 $3,900 Savitski 34 $10,470 Savitski 35 $21,850 Vinge $64,835 Peterson $38,417 Total $195,967 REVISED ESTIMATED HWY 19 & 37 COSTS Estimated City Construction Cost $200,000 Estimated Engineering Cost $25,000 $20,000 Contingencies $20,000 Legal $7,500 Financing 3000 Bond Consel $5,850 Bond Discount Estimated Right of Way Cost $12,000 Appraisal Cost $195,967 Land Acquisition Total Estimated 19 & 37 Costs $489,317 Less: $100,000 city cash on hand Estimated bonding needs for 19 & 37 $ 389,317 Add N.W. Frontage Sewer Costs $60,000 Total Bonding Needs $449,317 Sources of Funding for Bond Principal 144,660 Estimated 19 & 37 Assessments $,000 N.W. Frontage Assessments $$16060,000 TIF Funds � $56,657 City Levy (not including interest) $449,317 CITY OF TSEGO 8899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414 Elk River, MN 55330 Fax: (612) 441-8823 October 24, 1996 Mr Gary Fehn Dennis Fehn Sand and Gravel, Inc. 11900 - 50TH Street NE Albertville, Minnesota 55301 RE: CULVERT REPLACEMENT Dear Gary: The City of Otsego has authorized your firm to proceed with the construction of the culvert replacement on 70TH Street between McGiver Avenue and CSAH19. The City of Albertville has agreed to pay one-half the cost of the culvert replacement. The replacement will be a 40 LF of new 36" RCP with tied joint and flared end sections. The pipe will be placed in the same location and elevation as the previous pipe. Your quote of $5,432.00 includes the furnishing and installation of the new 36" RCP. The City of Otsego agrees to pay one-half the cost and Albertville the other portion at $2,716.00 each. This does not include gravel replacement or bedding rock if needed. Albertville will send a similar letter to you confirming their commitment to pay the shared amount. If you Have questions, please contact myself or Larry KOshak, The City Engineer: Sincerely, CITY OF OTSEGO tic 2� Elaine Beatty, City Clerk/Zoning A CC: Lawrence G. Ifoshak, PE A, --"Gary Hale, Albertville Administrator Otsego Mayor and Council Phyllis Cokley Judy Hudson 5975 Main Avenue N.E. P.O. Box 9 Albertville, MN 55301 October 28, 1996 Mr. Gary Fehn Dennis Fehn Sand & Gravel, Inc. 11900 50th Street NE Albertville, MN 55301 Dear Gary: The City of Albertville has authorized your firm to proceed with the construction of the culvert replacement on 70th Street NE between MacIver Avenue and CSAH 19. The City of Otsego has agreed to pay one-half the cost of the culvert replacement. The replacement will be 40 LF of new 36" RCP with tied joint and flared end sections. The pipe will be placed in the same location and elevation as the previous pipe. Your quote of $5,432.00 included the furnishing and installation of the new 36" RCP. The City of Albertville agrees to pay one-half the cost and Otsego the other portion at $2,716.00 each. This does not include gravel replacement or bedding rock if needed. Further, the City of Albertville is requesting a estimate from your firm for cleaning this ditch from the replaced culvert to the lake. sincerely, Garrison L. Hale City Administrator Le'l, ^ d cC D�-s /l0 q�opro de MEMORANDUM DATE: October 16, 1996 �C _�� 3�� TO: City Council FROM: Gary SMJ: Consultant /utilization /— Projects / r C sz�e�1' �U !o/`�yl/ny Gi C�/►�Pjc_K Me, r^ tl GGIG`GJ�CI f1� �c�,p� �E?�l i1�'NJJfGiiS LkecK L J ! V �� /a �" `'��G� lG P �( �S / VG Gi "e._ ZitGti . \V The �/ following th"`� o lsi tan�ding consultant projects represent after the establishment of consultant utilization guidelines. City Planner 2j2�/�- Comprehensive Parks & Trail Plan - Mapping .� a) Addresses - small for selling and large maps for Council chambers b) Zoning Map - Large scale zoning and land use maps for Council chambers - Subdivision Ordinance _ a) Storm Water Management guidelines b) Lot Improvement Standards to enhance value, i.e., tree planting, roadway buffering, size of lot — — c) Park dedication fee review - d) Trail standards for easement, construction, and _ 2.-, C-76.,� establishment of dedication fees e) Street construction standards, including utilities P,�D«ss f) Requirement of Preliminary Plat of entire property - Sign Ordinance redraft to a more user-friendly basis with reference to readability and to review/survey other cities for reference in use for standards update. NOTE: Institutional signs and billboard sections considered acceptable as written by Council. - Zoning Ordinance Update a) Lot area definition (exclusive of wetlands, steep slopes, etc.) b) Structure setbacks from wetlands (also related to lot size and front setbacks, impervious surface coverage rather than building coverage as a percentage of lot area) c) Screening of all parking lots, not just those adjacent to residential districts d) Establish a regionally oriented zoning district to accommodate uses such as the JMJ Outlet, possibly revise the B-1 or B-2 districts w � v � e) Research commercial building standards; increase standards over those required for industrial developments, prohibit metal buildings in commercial districts _ f) Update interim uses, day care, and antenna sections g) Residential design standards, i.e. plan for third stall garage and deck/home addition areas at time of application. House square foot size, siding, brick City Engineer -- - Frankfort Drainage (Greenhaven Estates) 11s;'p2�C - ISD #885 Primary School Park Concept/Drainage North Frontage Road Sanitary Sewer Extension (62nd Street) - WWTF Expansion/Upgrade 1998 WWTF Phosphorus Study with PSG Lti i'9a"E56 - Sewer Rates/SAC/WAC/TAC charges - Urban Service Area definition 1�.PP/1 - Marx Drainage L �SSCity Attorney Parkside 4th Addition Developer's Agreement ,4-Lp/Zcl CSAH 37/19 Intersection Realignment Project a) Appraisals/R/W Purchase/Easements b) Darkenwald Agreement c) Bonding 1) North Frontage Road Sanitary Sewer Extension 2) CSAH 37/19 .�. Marx Drainage Agreement - Frankfort Drainage Easements _ - Senior Housing Project TIF n - Ice Arena Brittany Kay Estates Developer's Agreement - Property titles _ a) Peterson title issue b) Water Tower Lot _ c) EDA/Fire Hall Lot _ - Trunk Charges Ordinance "k, -ICES5 - JMJ Properties - Minneapolis Factory Shoppes LLfc0M5 - Return of TIF funds to County Summary of Zoning District Classifications & Requirements Zoning District District Classification Min. Lot Size Min. Lot Width (interior) Setbacks Principal Building Height Max. Bldg. Lot Cover Max. # Units Per Acre F S-1 S-C R A-1 Agricultural Rural 10 acres 300 feet 100 20 75 50 35 feet 10% 1/10 A-2 Agricultural Transitional 2'h acres 300 feet 100 20 75 50 35 feet 10% 112.5 R-1A Low Density Single Family 15,000 sf 100 feet 30 15 30 25 35 feet 25% 2.9 R-1 Single Family 12,500 sf 90 feet 30 10 20 25 35 feet 25% 3.5 R-2 Single & Two -Family 15,000 sf 100 feet 35 10 30 25 35 feet 30% <5 R-3 Single & Two -Family 12,500 sf 90 feet 35 10 20 25 25 feet 30% <5 R-4 Twin Home, Townhouse, Quadraminium, & Low Density Multiple Family 15,000 sf 100 feet 35 10 20 30 35 feet 40% <10 R-5 Medium Density Multiple Family 15,000 sf 100 feet 35 15 30 30 35 feet 50% <10 R-6 High Density Residential 15,000 sf 100 feet 35 15 20 30 35 feet 60% 10+ R-7 Special Purpose, High Density 15,000 sf 100 feet 35 15 30 30 35 feet 60% 10+ R-8 Mixed Housing 12.500 sf 90 feet 35 10 20 25 35 feet 60% 10+ B-1 Neighborhood, Low Intensity Business 8,000 sf 75 feet 35 15 20 25 35 feet 60% - B-2 Limited Business 10,000 sf 100 feet 35 10 20 20 35 feet 50% - B-3 Highway Commercial (min. district size is 5 acres & 200' frontage) None 100 feet 35 20 35' 20 35 feet 30% - B-4 General Business None None None 20' -- 20 35 feet 85% - B-W Business Warehouse 20,000 sf 100 feet 30 302 302 30 35 feet None - 1-1 Light Industrial (min. district size is 5 acres & 300' frontage) None 100 feet 35 10 35 20 35 feet 30% - I-1A Limited Industrial (min. district size is 5 acres & 300' frontage) None 100 feet 35 10 35 20 35 feet 30% - 1-2 Heavy Industrial 20,000 sf 100 feet 35 20 20 25 35 feet 50% - F = Front yard setback as measured from the property line S-1 = Side yard setback on interior lots S-C = Side yard setback on corner lots R - Rear yard setback ' Abutting a residential district 2 Maximum setback, refer to specific ordinance requirements Prepared by Northwest Associated Consultants, Inc. 1 a34-96 1. 2. W ALBERTVILLE STAFF MEETING October 23, 1996 9:00 AM Cam.`" a i&XI);151; i SPECIAL ORDER a. 9:00 AM - Feneis Brothers/Marx Property b. 10:00 AM - Summerfield C. 11:00 AM - Balfany Development(Harold Swanson) d. 12:00 PM - Other (Urban Service Area, Comp Plan Amendment, etc.) � • J; �I,r���My STAFF TO ATTEND: NOTE: Garrison Hale Liz Stockman Pete Carlson Mike Couri Due to time constraints, agenda items may be carried forward to future staff meetings.