1997-05-06 CC Agenda/PacketALBERrIVILLE CITY COUNCIL
AGENDA
May 6, 1997
7:00 PM
7:00 1. CALL TO ORDER/ROLL CALL/ADOPT AGENDA
(Mayor/Clerk/Council)
7 : 05 2. MINUTES (council)
a. Regular City Council Meeting - April 1, 1997
b. Board of Review - April 10, 1997
C. Special City Council Meeting - April 15, 1997
7 :10 3. AUDITING CLAIMS (council)
7:15 4. CITIZEN FORUM - 10 Minute Limit
7 : 2 5 5. CONSENT AGENDA [ * ] (council)
a. Financial Statement - April
b. Follow -Up Sheet as of April 1, 1997
C. WWTF Operation Report (PSG)
d. Establish Special City Council Meeting for May 20,
1997, at 7:00 PM and meeting with Wright County
Sheriff's Office on May ??, 1997 at Wright County
Courthouse (see Sheriff's fax)
e. Approve membership dues for Economic Development
Partnership of Wright County for 1997 - $500
f. ORDINANCE #1997-5 (AN ORDINANCE REGULATING THE
OPERATION OF SNOWMOBILES AND OTHER RECREATIONAL
MOTOR VEHICLES)
g. RESOLUTION #1997-28 (APPOINTMENT OF PERSONNEL)
h. RESOLUTION #1997-30 (AMENDMENT TO PAX STEPS)
i. Request from Albertville Friendly City Days
Committee to close streets as proposed
j. Request from Albertville Friendly City Days to
extend city park hours June 7th and 8th to 1:00 AM
k. Request for variance from Noise Ordinance time
restrictions (Chad Barthel and the Ryders Band)
1. Approve 3.2 License for Softball Tournament at City
Park on May 16, 17, and 18
7:30 6. SPECIAL ORDER — PUBLIC HEARING
Center Oaks Industrial Park Feasibility Study (Eng)
Resolution #1997-31 (Resolution Ordering
Improvement and Directing Preparation of Plans
1
and Specifications for the Center Oaks
Industrial Park
8:00 7. UNFINISHED BUSINESS
a.
Greenhaven Estates Drainage Project (Eng)
b.
1997 Overlay Improvement (Eng)
C.
Authorize quotes for railroad culvert (Eng)
d.
CSAH 19/37 Intersection Realignment Project
(Eng/Adm)
- L & D Trucking Ditch
- Ditch relocation/cleaning
e .
Mowing Bid (PW Com)
f.
ORDINANCE #1997-7 (AMENDING ORDINANCE 601 TITLED AN
ORDINANCE REGULATING CHARITABLE GAMBLING IN
ESTABLISHMENTS HOLDING A LIQUOR LICENSE AND
ESTABLISHING A FEE)
g.
Approve gambling license for Minnetonka Voiture 1281
of La Societe 40 Hommes Et 8 Chavaux at KD's Family
Restaurant
h.
Strategic Planning - Proposal by The Brimeyer Group
(Adm)
i.
Park Shelter Glass - Check #10856 for $3,598.40
j.
Developer's Agreement - Fairfield Addition (Atty)
k.
Joint Powers Agreement - STMA Ice Arena (Atty)
9 : 3 0 8. NEW BUSINESS
a.
Brittany Kay Estates Preliminary Plat - extension
request to June 3, 1997 (R. Sybrant)
b.
WWTF Repair & Maintenance Overage for 1996 Contract
- $3,293 (PSG)
C.
Lawn Mower Purchase for WW Plant - Review quotes at.
meeting (PSG)
9 : 40 9. CLOSED SESSION
- Peterson Property Potential Litigation (Atty)
1 o: o o 1 o. COUNCIL REPORTS (council)
1 o : 1 o 11. ADJOURNMENT (council)
K
r
UPCOMING N E E.'TINGS/ IMPORTANT DATES
May
13
Regular Planning & Zoning Meeting
7:00EM
May
14
Joint Powers Board - Special Meeting
7:00EM
May
20
Special Council Meeting
7:00EM
May
26
Memorial Day Holiday - City offices Closed
May
XX
Joint Powers Board
May
27
Special Planning & Zoning (if required)
7:00EM
May
28
Staff Meeting
9:00 AEI
June
3
Regular City Council Meeting
7:00EM
June
10
Regular Planning & Zoning Meeting
7:00EM
June
17
Special Council Meeting (if required)
7:00EM
June
23
Joint Powers Board
7:00EM
June
24
Special Planning & Zoning (if required)
7:00EM
June
25
Staff Meeting
9:00 AEI
3
MIMIT�S
.2a.
ALBERTVILLE CITY COUNCIL
April 1, 1997
Albertville City Hall
7:00 PM
PRESENT: Mayor Mark Olsen, Councilmembers Patricia
Stalberger, Duane Berning, Robert Gundersen, and John Vetsch, City
Administrator Garrison Hale, City Clerk Linda Houghton, City
Engineer Peter Carlson and City Attorney Mike Couri
Mayor Olsen called the regular meeting of the Albertville City
Council to order.
Berning made a motion to approve the agenda as presented.
Olsen seconded the motion. All voted aye.
The minutes of the March 3, 1997 minutes were amended as
follows:
Paraaravh 4, Pace 2 - Roll call on the vote: Muyres,
Stalberger, Berning and Vetsch voted aye. Olsen voted no,
Paragraph 1, Paae 4 - The STMA Men's Softball Association
agree to drag and chalk the ball field in exchange for an
annual fee of $250.
Vetsch made a motion to approve the minutes of the March 3, 1997,
meeting as amended and to approve the minutes of the March 17,
1997, meeting as presented. Berning seconded the motion. All
voted aye.
.Berning made a motion to approve payment of Check Vs 10835 -
10855 and Check #'s 10857 - 10868 as presented and to delay payment
of Check #10856 in the amount of $3,598.40 to Maple Grove Glass &
Glazing until the bill can be verified for accuracy. Olsen
seconded the motion. All voted aye.
Bernard Marx addressed the Council under Citizen Forum and
renewed his request for ther cooperative storm sewer project
related to 54 1/2 Street NE and Lander Avenue NE with an estimated
cost of $6,000.
Marx also explained that he had made an arrangement to sell a
lot on Main Avenue NE for the construction of a two-family unit.
He has since been advised that the parcel has been rezoned for
single family housing only. The Council advised Marx that he could
apply for a rezoning on this parcel if he chooses.
Wright County Commissioner Judie Rose, representing the
Central Minnesota Initiative Fund (CMIF), presented the City with
an "Investors" plaque in appreciation for its support of CMIF.
Berning made a motion to approve the March Financial Statement
as presented. Vetsch seconded the motion. All voted aye.
r
ALBERTVILLE CITY COUNCIL
April 1, 1997
Page 2 of 6
Berning made a motion to approve the Follow -Up Sheet as of
March 3, 1997, as presented. Vetsch seconded the motion. All
voted aye.
Berning made a motion to approve the Wastewater Treatment
Facility Operations Report for February 1997 as presented. Vetsch
seconded the motion. All voted aye.
Berning made a motion to establish a special City Council
meeting on Tuesday, April 15, at 7:00 PM. Vetsch seconded the
motion. All voted aye.
Berning made a motion to ratify the purchase of a Certificate
of Deposit from the State Bank of Rogers for a one year term at an
interest rate of 6.12%. Vetsch seconded the motion. All voted
aye.
Berning made a motion ratifying the reinvestment of $329,000
with Dain Bosworth. Vetsch seconded the motion. All voted aye.
Berning made a motion to adopt RESOLUTION #1997-21 titled
(APPOINTMENT OF ECONOMIC DEVELOPMENT COMMISSIONERS). Vetsch
seconded the motion. All voted aye.
Berning made a motion to approve the following liquor
licenses:
On -Sale: 152 Club, Inc.
Albertville Bar
KD's Family Restaurant
.Off -Sale: 152 Club, Inc.
Albertville Bar
Hack's
Sunday Liquor: 152 Club, Inc.
Albertville Bar
KD's Family Restaurant
Vetsch seconded the motion. All voted aye.
Berning made a motion to accept the revised Operation &
Maintenance Manual for the city's wastewater treatment facility.
Vetsch seconded the motion. All voted aye.
Berning made a motion to schedule a joint spring Clean -Up Day
with the City of St. Michael on Saturday, May 3, 1997, from 8:00 AM
- 12:00 Noon at the former Frankfort Town Hall site. Vetsch
seconded the motion. All voted aye.
City Engineer Pete Carlson presented the Feasibility Study for
the Center Oaks Industrial Park project. Option. 1 of the study
extends a 12" water main and a 10" sewer main through the proposed
streets in the Kolles/Cedar Creek concept plans. The mains will be
ALBERTVILLE CITY COUNCIL
April 1, 1997
Page 3 of 6
extended in the proposed streets to get the most lateral benefit,
which can be assessed to the parcels. Option 2 extends both the
water and the sewer main along Country Road 37. Carlson explained
the disadvantage of Option 2 is the lack of lateral benefit that
can be assessed.
Estimated costs are as follows:
Option 1•
Water Main Trunk
Water Main (Lateral Benefit)
Total Water
Sanitary Sewer Trunk
Sanitary Sewer (Lateral Benefit)
Total Sanitary Sewer
Option 2:
Water Main Trunk
Water Main (Lateral Benefit)
Total Water
$154,900
$ 78,400
$233,300
$142,500
$ 71,700
$224,200
$140,000
$ 70,200
$210,200
Sanitary Sewer Trunk $ 87,400
Sanitary Sewer (Lateral Benefit) $ 54,000
Total Sanitary Sewer $151,400
City Engineer Carlson recommends that the City Council proceed
with Option 1, which is more cost effective because the future
developments to the south of CSAH 37 will also benefit from the
trunk water and sanitary lines.
Berning made a motion to adopt RESOLUTION #1997-26 titled A
RESOLUTION ACCEPTING THE FEASIBILITY STUDY AND ORDERING A PUBLIC
HEARING FOR THE CENTER OAKS INDUSTRIAL PARK, to authorize Carlson
to contract Springsted, Inc., to review financing the project, and
to authorize making contact with Sylvester Kolles to discuss the
possibility of installing water and sewer mains through his
property. Vetsch seconded the motion. All voted aye.
Carlson reviewed the St. Michael Transportation Plan with the
Council. Carlson stated the plan makes sense for moving traffic,
but it has some negative impact on Albertville. Carlson recommends
that a regional transportation study be done with the communities
of Albertville, St. Michael and Otsego participating.
Several St. Michael residents were present to state their
opposition to St. Michael's plan.
0
ALBERTVILLE CITY COUNCIL
April 1, 1997
Page 4 of 6
Commissioner Judie Rose told the City Council that no County
monies have been committed to the Naber Avenue project.
Vetsch made a motion denying St. Michael's request for a
letter of support for their transportation plan at this time and
requesting for their support for a regional transportation study.
Stalberger seconded the motion. All voted aye.
Berning made a motion to accept the Public Works Committee's
recommendation to contract city mowing and to authorize the clerk
to place an ad for bids for mowing with the deadline April 22, 1997
and the bid opening/award on May 6, 1997. Vetsch seconded the
motion. All voted aye.
City Attorney Couri reviewed the procedures for the Veterans'
Preference Hearing. He suggests the hearing be held in two to
three weeks at a neutral location. He does not believe more than
one meeting will be needed and suggests the Council pay $100 per
person per meeting.
The Council considered the names of the persons suggested for
the City representative --Bob Braun, Larry Lee, Amy Dinkel, Steve
Klitzka and Ken Jude. .
Olsen made a motion to appoint Ken Jude of Maple Lake, MN, as
the City representative on the Veterans' Preference Hearing
committee. Stalberger seconded the motion. All voted aye.
NOTE: The veteran, Ken Lindsay, appointed Mark Daleiden of St.
Michael, MN as his representative.
Couri discussed the proposed Tax Increment Financing District
7, which creates a senior housing TIF, which has no impact on the
City's Local Government Aid. Since the establishment of a TIF is
an integral part of developer's plans, Couri recommends that the
City Council grant approval of the zoning change, the amendment to
the Comprehensive Plan, the preliminary plat, the final plat, the
developer's agreement and the TIF plan all at one time.
Stalberger made a motion to adopt RESOLUTION #1997-23 titled
RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ESTABLISHMENT OF TAX
INCREMENT FINANCING DISTRICT NO. 7 AND TIF PLAN THEREFOR, AND A
MODIFIED DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1.
Vetsch seconded the motion. All voted aye.
Berning removed himself from the Council at 9:07 PM due to a
potential conflict of interest.
Attorney Couri discussed the addendum to the Vetsch Custom
Cabinets purchase offer on the Barthel Industrial Drive lot.
Couri, David and Jeanne Vetsch, and the Vetsch's attorney, Dave
ALBERTVILLE CITY COUNCIL
April 1, 1997
Page 5 of 6
Lenhardt, made the following proposed amendments:
(1) The city will subdivide the property into two lots
(approximate cost of $3,000) and sell the 2+ acre portion to Vetsch
Custom Cabinets.
(2) The entire Paragraph 3 will be deleted.
(3) Should a catastrophic situation occur with the Vetsches
and a building is not constructed, the Vetsches agree to pay the
City an additional $12,000 for the lot.
(4) Paragraph 5(e) will be amended to read necessary
variances and all other required governmental approvals. . ."
(5) The administrator is authorized to begin the process of
subdivision and lot survey.
Olsen made a motion to adopt RESOLUTION #1997-24 titled
RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ESTABLISHMENT OF TAX
INCREMENT FINANCING DISTRICT NO. 8 AND TIF PLAN THEREFOR, AND A
MODIFIED DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1.
Stalberger seconded the motion. All voted aye.
Berning returned to the Council chambers at 9:45 PM.
Berning made a motion to adopt RESOLUTION #1997-25 titled
RESOLUTION RELATING TO PARKING RESTRICTIONS. Gundersen seconded__
the motion. All voted aye.
Berning made a motion to adopt RESOLUTION #1997-22 titled A
RESOLUTION AMENDING RESOLUTION #1997-1 (A RESOLUTION MAKING
APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF
ALBERTVILLE FOR THE YEAR 1997 with the following appointments:
JOINT POWERS BOARD
FINANCE COMMITTEE
PUBLIC WORKS COMMITTEE
MIKE POTTER
JOHN VETSCH
ALTERNATE:
ROBERT GUNDERSEN
DUANE BERNING
MARK OLSEN
CITY ADMINISTRATOR
CITY TREASURER
ALTERNATE
PATTI STALBERGER
PATTI STALBERGER
JOHN VETSCH
CITY ADMINISTRATOR
ALTERNATE:
ROBERT GUNDERSEN
I f
ALBERTVILLE CITY COUNCIL
April 1, 1997
Page 6 of 6
TRANSPORTATION COMMITTEE
Stalberger seconded the motion.
DUANE BERNING
ROBERT GUNDERSEN
ALTERNATE:
PATTI STALBERGER
All voted aye.
Berning made amotion to adopt RESOLUTION #1997-25 titled
RESOLUTION AUTHORIZING EXECUTION OF SUB -GRANT AGREEMENT.
Stalberger seconded the motion. All voted aye.
Berning made a motion to close the public meeting at 10:10 PM
and convene a closed meeting to discuss potential litigation over
the Peterson property. Stalberger seconded the motion. All -voted
aye.
Mayor Olsen reopened the public meeting at 10:46 PM.
Vetsch reported that the Joint Services & Transportation
Committee discussed a "Shared Road Maintenance Agreement" for 70th
Street and Kadler Avenue. The committee also discussed the
potential of Albertville providing sewer and water on a contractual'
basis in the Otsego "triangle". Nothing definite was proposed or
agreed upon. --
Vetsch also reported that the Joint Powers Board was
conducting a special meeting on May 14, 1997, to consider the water
line ownership question. Several options have been discussed and
the Council was presented information on each option.
Vetsch made a motion to adjourn at 11:20 PM. Berning seconded
the motion. All voted aye.
Mark Olsen, Mayor
Linda Houghton, City Clerk
Y
HOARD OF REVIEW HEARING
April 10, 1997
Albertville City Hall 7:00 PM
PRESENT: Mayor Mark Olsen, Councilmembers Robert Gundersen
and John Vetsch, City Clerk Linda Houghton, Wright County Assessors
Greg Kramber and Dale Engel
Mayor Olsen opened the 1997 Board of Review Hearing.
Assessor Greg Kramber briefly explained how properties are
valued. Each property is physically inspected every four years.
Kramber reported that four property owners had contacted his
office regarding their evaluation and he had visited each property
prior to the meeting.
Joe & Kathryn Clayton (PiD #101-039-002070) of 5352 Lachman
Avenue NE, had contacted Kramber. In visiting the house, Kramber
found there were foundation problems, water damages to walls and
windows, etc. Kramber had assessed the property at $136,600. He
recommended that the Council lower the market value ten (10%) per
cent. The market value would be adjusted to $126,300.
Vetsch made a motion to approve the Kramber's recommendation ,
and establish the market value on PID #101-039-002070 at $126,600.
Gundersen seconded the motion. All voted aye.
Duane Krueger (PID #101-800-062110) was unhappy with his
market value of $201,700. Kramber visited the property for the
first time and feels the value had been overstated. He recommended
the Council approve a reduction in market value to $197,900.
Vetsch made a motion to approve the Kramber's recommendation
and establish the market value on PID #101-800-062110 at $197,900.
Gundersen seconded the motion. All voted aye.
Tom Lewis (PID #101-024-003030) felt his market value was too
high based on a recent sale of the neighboring property. Kramber
concluded that the quality of construction of the house was over-
rated and should be reduced. He recommends that the value of the
property be reduced from $145,200 to $133,700.
Gundersen made a motion to approve the Kramber's
recommendation and establish the market value on PID #101-024-
003030 at $133,700. Vetsch seconded the motion. All voted aye.
Jim Krystosek (PID #101-500-363403) contacted Kramber
regarding the portion of his property located north of I-94 that is
mostly wetlands. Upon visiting the property, Kramber found that
the land is mostly unusable. He recommends the land lying north of
I-94 be revalued at $33,400.
CITY OF ALBERTVILLE
1997 BOARD OF REVIEW HEARING
April 10, 9997
Page 2 of 2
Vetsch made a motion to approve the Kramber's recommendation
and establish the land value on PID #101-500-003030 at $197,900.
Gundersen seconded the motion. All voted aye.
There were no members of the public at the meeting to address
the Council.
Olsen made a motion to adjourn at 8:20 PM. Gundersen seconded
the motion. All voted aye.
Mark Olsen, Mayor
Linda Houghton, City Clerk
Lpa5n�m—
RX-BEMVILLE CITY COUNCIL
SPECIAL 16=ING
April 15, 1997
Albertville City Hall 7:00 PM
PRESENT: Mayor Mark Olsen, Councilmembers Duane Berning, John
Vetsch, and Patti Stalberger, City Attorney Mike Couri, City
Engineer Peter Carlson, City Administrator Garrison Hale and City
Clerk -Treasurer Linda Houghton
Mayor Olsen called the special meeting of the Albertville City
Council to order.
The following amendments were made to the agenda:
Items 4b, 4c, and 4d - Tabled indefinitely and referred back
to the Planning and zoning Commission
Add Item 4r - Amendment to Paragraph 2 of Resolution #1997-1
Add Item 4s - Authorize payment for the purchase of right of
way for the CSAH 19/37 Intersection Realignment Project
(1) Parcel 36 - $10,370.00 (DJ's)
(2) Parcel 34 - $10,470.00 (Andrew Savitski)
(3) Parcel 35 - $21,850.00 (Andrew Savitski)
Item 4f - Table Resolution #1997-28
Berning made a motion to approve the agenda as amended. Stalberger
seconded the motion. All voted aye.
Administrator Hale recommended that the Council consider the
concerns of the audience relating to Item 3b, a noise ordinance.
Brian and Laurie Beltrand, serving as spokesmen for the
neighbors in attendance, addressed the Council regarding the
activities of the past weekend at the house next door to theirs on
Lachman Avenue NE. According to Beltrand, the Wright County
Sheriff's Department has been called to the neighborhood 20-30
times over the past five months for juvenile drinking, loud
parties, snowmobiles and vehicles driving over neighboring
properties, etc. Another party was held the house the over the
weekend resulting in what Beltrand described as "a near riot".
Three Wright County squad cars were present. The Wright County
deputies have told Beltrand they cannot issue citations for the
loud parties because the City does not have a noise ordinance. He
and his neighbors are asking the Council to adopt an ordinance that
will allow the deputies to cite the perpetrators.
Sgt. Worth of the Wright County Sheriff's Department stated
that his deputies had made 20 arrests in the area the night of the
party. Those citations and others previously issued have not yet
been through the court system. Worth agreed to talk with the
County Attorney who will prosecute the charges and suggest he
consider making a charge against the property owner, who is the
mother of one of the occupants.
n
ALBERTVILLE CITY COUNCIL
April 15, 1997
Page 2 of 4
Another concern of the neighborhood is the lack of stop signs
between 54th Street NE, Lambert and Lachman Avenues. The Council
took no action on the stop sign request.
The Council reviewed two sample noise ordinances from other
area communities. Assistant County Attorney Mark Erickson feels
either of the ordinances would be reasonably easy to prosecute.
After reviewing both ordinances, the Council felt the
ordinance from the City of Montrose contained the language most
appropriate for the City of Albertville. However, Subdivision 3
and Subdivision 17 will be changed to "between the hours of 5:00 PM
and 7:00 AM".
Olsen made a motion to adopt ORDINANCE #1997-4 titled NOISE,
as discussed above. The Council will review the ordinance in 90
days to determine if the ordinance is effective as adopted. Vetsch
seconded the motion. All voted aye.
Vetsch made a motion to table ORDINANCE #1997-5 (AN ORDINANCE
REGULATING THE OPERATION OF SNOWMOBILES AND OTHER RECREATIONAL
MOTOR VEHICLES) for further revisions. Berning seconded the
motion. All voted aye.
Olsen made a motion to approve RESOLUTION #1997-29 titled
RESOLUTION CLOSING CITY FUNDS as recommended by Kern, DeWenter,
Viere, the city's auditing firm. Vetsch seconded the motion. All
voted aye.
City Auditor Dave Hinnecamp reviewed the 1996 Audit Report
with the Council. Hinnecamp reported that the City is in good
financial standing. The budgeting process continues to be good.
The general fund is very near to maintaining a six month operating
reserve, one of the goals of the City Council over the past few
years.
Hinnecamp recommended that the Council transfer the $276,056
in reserved capital projects funds now included in the general fund
to a separate fund and to move the pay-as-you-go tax increment for
Fraser Steel from the general fund to another separate fund.
Olsen made a motion to approve the 1996 audit report, to
accept the management letter, and to implement the Hinnecamp's
recommendations as detailed above. Berning seconded the motion.
All voted aye.
City Administrator Hale updated the Council on the proposed
ice arena. A joint powers agreement has been drafted and is in the
process of being reviewed. The agreement will be presented to the
Council at a regular meeting.
ALBERTVILLE CITY COUNCIL
April 15, 1997
Page 3 of 4
Jim Bahr and Emil Shulander, representing the Minnetonka
Voiture 1281 of La3ociete 40 Hommes Et 8 Chavaus ("40 + 8"),
requested a gambling license to sell pulltabs at KD's Family
Restaurant. Pulltabs would be sold from a booth by paid employees.
Proceeds support children and youth organizations, nursing
scholarships, etc.
No local organizations has expressed an interest in selling
pulltabs at KD's.
Administrator Hale discussed the city's gambling ordinance,
which prohibits out-of-town gambling organizations. State statute
allows cities to collect 10% of the net profit from gambling as a
license fee. The City of Albertville has not assessed this fee to
local organizations --Jaycees, Lions, Fire Relief Association --in
the past because the profits are spent locally.
Berning made a motion directing staff to prepare a draft
amendment to the gambling ordinance for Council review at the May
meeting which would allow the Council, at its discretion, to
license an non -local organization for pulltab gambling. Vetsch
seconded the motion. All voted aye.
City Engineer Pete Carlson reported that he had discussed
establishing a regional transportation plan with St. Michael's city
administrator. St. Michael appears to be willing to proceed.
Berning made a motion to adopt ORDINANCE #1997-6 titled AN
ORDINANCE AMENDING SECTION A-600.7 OF THE ALBERTVILLE SUBDIVISION
ORDINANCE REGARDING STREET RIGHT-OF-WAY AND PAVEMENT WIDTH (FACE TO
FACE OF CURB) AND ESTABLISHING A MINOR COLLECTOR STREET
CLASSIFICATION. Stalberger seconded the motion. All voted aye.
Carlson reviewed his April 8, 1997, memo listing possible
exceptions to weight restrictions. Carlson is not recommending
these exceptions, but rather detailing in what conditions an
exception could be made.
Carlson reported on the meeting held with representatives of
Albertville, St. Michael, Wright County and the Soil and Water
Conservation District regarding drainage to County Ditch No. 9.
The possibility of setting up a watershed district to establish
drainage criteria to the ditch was discussed. In the interim, it
was suggested that drainage from new developments be restricted to
half the predevelopment runoff. Another meeting has tentatively
been scheduled for May 1 if the Council wants to proceed in this
direction. The Council concurred to proceed as Carlson has
outlined.
ALBERTVILLE CITY COUNCIL
April 15, 1997
Page 4 of 4
Berning made a motion directing Public Works and PSG personnel
to work together to install a cover for the electric meter at the
wastewater treatment plant. Stalberger seconded the motion. All
voted aye.
Berning made a motion to approve the Election Support
Agreement with Business Records Corporation for the Optech III-P
Eagle at a cost of $400 and to deny approval of the Hardware
Maintenance Agreement. Stalberger seconded the motion. All voted
aye.
Stalberger made a motion not to participate in the state's
1996 Snow Removal Cost Reimbursement program. Berning seconded the
motion. All voted aye.
Berning made a motion to authorize the mayor and the acting
mayor to sign the Certification of Local Performance Measures form
for 1998. Stalberger seconded the motion. All voted aye.
The Council discussed the complaint from Carolyn Bauer
regarding tree damage in her yard from snow plowing/removal.
Adminsitrator Hale explained that the trees were planted on private
property (not in the easement area).
Berning made a motion to purchase up to three replacement
trees for the homeowner with the understanding that the homeowner
will take care of planting the trees. Vetsch seconded the motion.
Berning, Olsen and Vetsch voted aye. Stalberger abstained. The
motion carried.
Vetsch made a motion to approve the amendment to Paragraph 2
of RESOLUTION #1997-1 as presented. Stalberger seconded the
motion. All voted aye.
Berning made a motion to authorize payment for purchasing
right of way for the CSAH 19/37 Intersection Realignment Project as
follows:
Parcel 36 - $10,370.00 (DJ's)
Parcel 34 - $10,470.00 (Andrew Savitski)
Parcel 35 - $21,850.00 (Andrew Savitski)
Olsen seconded the motion. All voted aye.
Berning made a motion to adjourn at 11:35 PM. Stalberger
seconded the motion. All voted aye.
Mark Olsen, Mayor
Linda Houghton, Clerk
AWITING CLAIMS
1, 3
CITY OF ALBERMME
BILLS TO BE PAID
May 6, 1997
Check No.
Vendor
Reason
Amount
10900
Alex Air Apparatus
Masks for Tanks
1,470.00
10901
Anoka Technical College
EMT Classes
240.00
10902
Barthel, Albert
First Responders
75.00
10903
Berning, Duane
First Responders
75.00
10904
Black, Scott
First Responders
75.00
10905
Brock White Company
Crack Sealer
3,167.74
10906
Business Records Corp.
Election Support
400.00
10907
CarQuest
March Charges
82.89
10908
Chouinard Office Products
Name Plate
8.51
10909
Crysteel
Plow Seal Kit
11.34
10910
Denny's Small Engine
Fire Dept. Repair
49.22
10911
DJ's Total Home Care
March Charges
111.11
10912
Don's Auto Service
April Charges
450.14
10913
Earl's Welding & Industrial
Acetylene/Oxygen
65.20
10914
Gopher State One Call
Locates
3.50
10915
Hack's
Supplies/Pop
60.36
10916
Highland Banks
Federal Taxes
3,861.35
10917
Internat'l Inst. of Clerks
Membership
75.00
10918
Kennedy & Graven
TIF's 7 & 8
457.46
10919
LaPlant Sanitation
Garage
89.87
10920
Larson Publications
Legals
433.15
10921
Lindsay, Ken
Iron/Axles/Tires
50.00
10922
Long Lake Tractor
Kingpins
387.76
f
10923
Minnegasco
Natural Gas
190.51
10924
MN Dept. of Revenue
State taxes
631.63
10925
MPCA
NPDES Permit
1,140.00
10926
Newman Traffic Signs
Signs
123.81
10927
NAC, Inc.
Planning Services
5,295.27
10928
Office Max
Office Supplies
297.74
10929
Pat's 66
Monthly Charges
214.86
10930
PSG
Over 1996 Budget
3,293.52
10931
Radzwill & Couri
Legal Services
7,378.15
10932
Roden, Kenny
First Responders
75.00
10933
Roden, Kevin
First Responders
75.00
10934
Roto-Rooter
Jet Storm Sewers
225.00
10935
San -Tom Enterprises
Street Sweeping
1,976.00
10936
Schwabe, Daniel
F.D. Instruction
700.00
10937
Sentry Systems, Inc.
Park Alarm
.57.51
10938
SEH, Inc.
February
4,747.70
10939
SEH, Inc.
March
4,624.30
10940
Simonson Lumber
Posts
34.61
10941
Sprint -United Telephone
Service
337.96
10942
Vetsch, Dave
First Responder
75.00
10943
Wacker, Bob
First Responder
75.00
10944
Weber Oil Company
Fittings for Tank
24.71
10945
Wr. Co. Treasurer
Tax payments
3,221.91
10946
Wr. Co. Treasurer
May Police
5,246.88
10947
Wright -Hennepin
Street lights
23.10
10948
Wulff, Brian
First Responders
75.00
10949
Zachman, Kevin
First Responders
75.00
10950 Zachmann, Rick Tire Alignment 44.95
TOTAL $ 51, 97 9.7 2
3
CITY OF ALBERTVILLE
jr ISED CHECKS ISSUED
April 1 - April 30, 1997
Check No
Vendor
Reason
Amount
-
Dain Bosworth - Wire
Transfer & Service Charge
498.59
Payroll
Ending 03/29/97
Ck. #1826-1844
4,171.90
10869
Highland Bank
Federal Taxes
2,434.21
10870
MN Dept. of Revenue
Incc�mo Taxes
414.48
10871
MN State Treasurer
Surcharges - 1st Qtr.
535.90
10872
PERA
2/15 - 2/28
365.41
10873
USCM Midwest
Payroll Deduction
92.00
Payroll
Ending 04/11/97
Cks #1845-1847
2,767.68
10874
Air Touch Cellular
FD/PW Cell Phones
20.07
10875
LaPlant Sanitation
Garbage Service
91.22
10876
Minnegasco
Service
415.74
10877
Monticello Animal Cont. March
54.00
10878
NSP
Service
2,677.63
10879
PERA Life Insurance
Linda
12.00
10880
PERA
3/29 - 4/11
352.73
10881
PSG
May WWTF Contract
7,782.59
10882
Sprint
Long Distance
43.03
10883
USCM Midwest
Payroll Deduction
92.00
10884
Wr. Co. Treasurer
Assessing Contract
5,246.88
10885
Wright Recycling
March
1,028.50
10886
Wright -Hennepin
St. Lights
22.62
10887
DJ's
Parcel #36
10,370.00
10888
Andy Savitski
Parcel #34
10,470.00
10889
Andy Savitski
Parcel #35
21,850.00
Payroll Ending 04/30/97
10890
Dleta Dental
10891
Medica
10892
PERA
10893
Cash
10894
& 10895
10896
Post Office
10897
USCM Midwest
Ck. #1848-1865
Group Insurance
Group Insurance
4/12-4/25
Petty Cash
Postage
Payroll Deduction
TOTAL
4,277.62
112.65
930.79
352.73
48.30
VOID
400.00
92.00
$ 77,910.62
CITY OF Z'VIT_
FINANCIAL STRTEMENT
!larch 26 - April 30 , 1997
Beginning Cash Balance March 26, 1997 $132,546.26
INCOME (Mar. 26 - Apr. 29)
Beer License
110.00
Building Permits
30,131.14
Dog License
10.00
Donation - Jaycees
4,800.00
Down Payment - Land
100.00
Lease Payment
475.00
Liquor Licenses
4,150.00
Insurance Refund
494.00
Interest - March
250.21
Loan Payment - Fraser
1,378.12
Park Rent
450.00
P & Z Fees
19,050.00
Recycling Incentive
798.25
Reimbursement - Windows
1,230.96
Sewer Licenses
180.00
Sewer/Storm Water
1,158.97
Title Search
80.00
Miscellaneous
153.50
TOTAL INCOME
64,900.15
EXPENSES (March 25 - Apr. 30)
Check Us 10835-10855
Vs 10857-10868
(Approved 4/1/97) 34,176.35
Preapproved Checks 77,910.62
(List Attached)
TOTAL EXPENSES 112,086.97
Ending Cash Balance April 30, 1997 .S 65,329.18
IPVFs?HMs :
CD #9226 - Alb. Development Corp. matures 5/3/97
CD #22202 - matures 4/07/98 @ 6.12%
CD #300116 - AFD - matures 6/27/97 @ 4.2%
Dain Bosworth Investments (3/31/97)
TOTAL INVZSTM=TS
Money Markey Savings Acct. (4/30/97)
7,344.32
554,777.10
24,113.92
1,316,190.63
91.902.425.97
$303,158.45
I
CITY OF ALBERTVILLE
FOLLOW-UP SAP
As of April 1, 1997
DATE ACTION TO BE TAKEN PERSON
04/96 Comprehensive Park & Trail Plan P&Z/
In Process Chord
05/96 WWTF Planning Eng.
In Process
07/96 Primary School Park/Drainage Plan Eng/
On Hold Admin
08/96 CSAH 19/37 Intersection Realignment Project Staff/
In Process Cbu-Aail
08/96 Barthel Industrial Lot (1.54 acres) EDA/
In Process Council
09/96 Hockey Arena Admin/
In Process Atty
09/96 Cedar Creek Golf Course (Center Oaks) Kenco/
In Process Comm.
09/96 Ditch Cleaning - City (needs DNR permit) Admin/
On Hold Eng.
12/96 Fire Station Parking Lot Drainage CC/Eng
On Hold
02/97 Senior Housing - Feneis Bros. on CSAH 19 Staff
In Process
02/97 PW Maintenance Building - New or Used Staff/
On Hold Ctuicil
02/97 Vetsch Custom Cabinets (Commercial) Staff/
In Process EDA/
C=Adl
04/97 Frankfort Drainage Eng.
In Process
04/97' Culvert Lowering Project - Savitski Area Eng.
In Process
04/97 Ice Arena R/Mn
In Process Carxil
04/97
Street Patching/Milling/Overlay
81nr/
In Process
Eng.
04/97
Mowing - Contracting
Aft*
In Process
cook-ii
05/97
Cedar Creek North
P&Z/
Council
05/97
Cedar Creek Business Park
P&Z/
Council
05/97
Center Oaks 1st Addition
P&Z/
Council
05/97
Parkside 4th Addition Amendment
P&Z/
Council
05/97
The Meadows
P&Z/
Oxxcil
05/97
Cedar Creek Business Park Water & Sewer Imp.
Oil
Project
4
R
ALBERTVILLE WASTEWATER
TREATMENT FACILITY
March 1997
MONTHLY OPERATIONS REPORT
Submitted by:4ZJJ
Kelly Browning
Date: April 10, 1997
/ !i I� I 6,11, I !w I I.
Professional Services Group
3320 Lander Avenue, NE
St. Michael, Minnesota 55376
(612) 497-8309 Fax: (612) 497-8312
ALBERTVILLE WASTEWATER TREATMENT FACILITY
Monthly Operations Report
March 1997
Executive Summary
Albertville met all of its NPDES permit requirements for the month of March. Average
Biochemical Oxygen Demand in the effluent was 4.2 mg/l and the average Total Suspended
Solids concentration was 8.0 mg/l. Total Phosphorous averaged 0.40 mg/I. Flows averaged
0.198 million gallons per day in March.
Operations
Continued to use ferric chloride for phosphorous removal. Polymer was discontinued early in
the month, and effluent quality seemed to be insignificantly affected. For this reason polymer
was discontinued for the year.
The dissolved oxygen level is coming up in Pond 3 and ice is showing signs of breaking up.
Maintenance
• The large bulk tank was cleaned and prepared for a bulk shipment of Ferric Chloride. When
testing indicated the ferric was effective, a bulk shipment was ordered. This tank will
remain dedicated for ferric only, as ferric and alum react when they come in contact.
For this reason, a separate pump should remain dedicated for ferric, also.
• A gate valve was installed on the alum piping to facilitate the conversion to ferric.
• New feed lines were also installed for use with the ferric chloride.
• Feed pump was replaced with one dedicated to ferric chloride. No metal parts must come
in contact with the chemical.
• Packing was tightened down on WEMCO sludge pump.
• UV cleaning rack was brought up from basement for use when cleaning UV system. A
representative from Trojan visited the plant to clear up some UV control panel issues
and inspect the overall condition of -the unit All was in very good condition and bulbs
continue to maintain an effective intensity.
• An electrical potential relay was installed at the Westwind lift station to replace a failed one.
• The pump sliding assembly for #1 pump at Westwind lift station was repaired.
• General preventative maintenance was performed throughout the plant.
Safety
Gas monitor calibration training was performed.
Reaulatory Communications
NPDES Discharge Monitoring Report
Client 1 Public Relations
Regular communications have been maintained between PSG and Gary Hale.
Financials
Financial report reflects all activity in the budget year. The financial data does not reflect March
bills paid In April. A final project closing financial report is included.
NPDES Discharge Monitoring Report
DMR Addendum's
Loadings Summary
Client Status Report
Phosphorous Study Update
k k
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correct
Vdm A Triggers:
Conked vskwe 3 Trl90ere:
Avo-
0.1500 MOD
Aw•
307 0
187 8
H91►
0.1800 MOD
Hgt-
308 0
2240
Low.
0.1284 MOD
LOW-
248 0
1500
D" r:
0.3150 MGD
388 #
388 0
FLOW
12 mo
% 01
TSS
12 mo
% of
C80O
% of
N/NN
MOD
AN9. Dosi9n m94
/N/N//
Lbs.
///HN//
Ar9. Dnign
/NN/H /N//NN1//
m9A Lbs.
NN /// H/H////N N//N/N
Ao. Doeign
//NHN HN/NNH/
1995 Jon
0.151
394
483
240
302
Feb
0.143
285
339
194
210
Mor
OA84
288
394
191
261
Apr
. 0.177
90
145
92
138
May
0.172
274
392
148
212
Jun
0.183
232
315
133
181
Jul
0.152
222
281
154
195
Aug
0.174
288
418
138
197
Sep
0.165
234
322
100
130
Oct
0.101
294
395
122
164
Nov
0.103
78
100
68
92
Dec
0.158
405
$27
234
304
1996 Jon
0.181
0.16"
51.61%
250
336
331
89.93%
175
235
195
52.87%
Feb
0.158
OAMe
52.01%
433
571
350
05.10%
178
235
198
53.21%
Mar
0.179
0.1051
52.41%
312
430
356
96.79%
221
330
202
54.78%
Apr
0.189
0.1860
52.70%
336
527
388
105.43%
131
205
207
56.38%
May
0.109
OAM
53.30%
388
841
409
111.05%
180
279
213
57.07%
Jun
0.203
0.1715
54.44%
354
590
432
117.48%
151
256
219
59.57%
Jul
0.161
OAM
54.68%
248
333
437
118.65%
129
173
217
59.07%
Aug
0.141
0.1095
53.81%
558
858
450
124.04%
179
210
218
59.37%
Sep
0.141
0.1675
53.17%
025
735
401
133,40%
145
171
221
80.11%
Oct
0.183
0.1677
53.23%
274
372
489
132.89%
144
190
224
00.83%
Nov
0.25
0.1749
55.53%
244
NO
523
142.01%
141
294
241
05.40%
Doc
0.171
OAM
55.03%
300
"1
$15
140.06%
323
481
254
88.04%
1997 Jan
0.179
0.1777
56.40%
432
845
541
147.00%
180
209
258
89.70%
Feb
0.183
0.1798
57.00%
225
343
522
141.92%
148
226
250
09.50%
Mar
0.196
0.1813
57.57%
309
510
526
142.92%
176
291
252
68.81%
Chiaf40
G2�Millef,ClPiA
mminishlioo
Gary lodil, C0310
Jail MmiliMV
10ZAd aNw,PM 110
9umo,Miw olaOPT
1- 0a -3661
Fax TxANSNnssYON
� W � so/
Noo—E f?Acy 0-11U
Adminisldiol RPM
Recofds 0-10
Civil
To: c�� �//GG� Date:
Fax #: dZ O Pages:
/ including this cover sheet.
From:
Subject:
1f you have any problems receiving this transmission, please call (612) 682-7620.
CONZMMS: ,
Z.1%
Z-10
0-1830
0-10
ATTENTION: THE INFORMATION CONTAINED IN THIS FACSEWLE 1VII;SSAGE IS LEGALLY
PRIVILEGED AND CONFIDENTIAL, INFORMATION INTENDED SOLELY FOR THE USE OF
THE PERSONS OR ENTITIES NAMED ABOVE. IF YOU ARE NOT SUCH PERSONS OR
ENTITIES, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, DISSEMINATION OR
REPRODUCTION OF THIS FACSEWLE MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE
RECEIVED THIS MESSAGE IN ERROR, PLEASE NOTIFY US ZOIEDTATELY BY TELEPHONE
AND RETURN THE ORIGINAL TO US AT THE ABOVE ADDRESS VIA U.S. MAIL.
T ew
ECONOMIC DEVELOPMENT PARTNERSHIP OF WRIGHT COUNTY, MINNESOTA
A NON- PROFIT PRIVATE / PUBLIC PARTNERSHIP
9VLOO JI-Fl,
DATE: April 10, 1997
r�
Garrison L. Hale, City Adm.
City of Albertville
5975 Main Ave. N.E., PO Box 9
Albertville, MN 55301
cc: Mayor Mark Olsen
DESCRIPTION OF DUES STRUCTURE I AMOUNT DUE I
Municipalities' due structures are based on their 1990 census. The
following due's structure is currently in place:
Under 1000 pop. $ 100.00 plus 10 cents per capita
1000 - 2500 pop. $ 500.00
2500 - 5000 pop. $ 500.00 plus 10 cents per capita
Over 5000 pop. $1000.00 plus 10 cents per capita
SUBTOTAL I $500.00
TOTAL DUE 1 $500.00
Make all checks payable to: Economic Development Partnership of Whight County
Please mail checks to: Cathy Thisius, EDPWC Treasurer
c/o Security State Bank
PO Box 449
Maple Lake, MN 55358
If you have any questions concerning this invoice, call: Neil McMillin, 477-3076.
THANK YOU FOR JOINING IN OUR PROGRESS!
We moved! Our new address is:
6800 Electric Drive, PO Box 525, Rockford, MN 55373. (612) 477-3076
-2MZW sr C' mrry Rnen 75, Mnnmrri i n. Mimpsars SSW [61 ?�1-5166- F&X l 99. 1491
5c
ECONOMIC DEVELOPMENT PARTNERSHIP OF WRIGHT COUNTY, MINNESOTA
A NON- PROFrr PRIVATE / PUBLIC PARTNERSHIP
April 10, 1997
Garrison L. Hale, City Adm.
City of Albertville
5975 Main Ave. N.E., PO Box 9
Albertville, MN 55301
Dear Garrison L. Hale,
It has become time again to renew Albertville's support of the Economic Development Partnership of Wright County
(EDPWC). The partnership, established in 1993, has a mission to promote Wright County as a desirable place to live, work
or own a business. The EDPWC's focus is on supporting development on a county -wide basis to enhance and improve the
quality of life and economic well being of Wright County.
The group manages and administers the Wright County Enterprise Loan Fund The purpose of the loan fund is to
encourage economic development by supplementing conventional financing sources available to new and existing
businesses. The revolving loan fund can help banks put together loan packages for their customers by supplementing owner
equity to meet bank lending guidelines while providing a lower than market source of funds for a portion of a company's
financing needs. In keeping with both economic and community well being, the loans must serve a public purpose by
creating new jobs that pay a livable wage and also increase the community tax base.
EDPWC is funded through membership dues and a $30,000 funding grant from Wright County. Key members already in
the alliance, along with Albertville, include most cities in the county as well as four townships. All of the utilities in
Wright County support the partnership through active membership. Other important support comes from the Wright
Technical Center and the Private Industry Workforce Council 5 (PIWC 5), who are committed to provide the training and
support needed for a productive local workforce.
We encourage you to have any Albertville businesses and individuals who want more information about the partnership,
voluntary board membership or the application and loan process for an Enterprise Fund loan to contact any EDPWC Board
Member or their local bank for further assistance.
Again, we thank Albeftville for their past and preselit support of the partnership.
Sincerely,
Cathy Thisius, Treasurer
cc: Mayor Mark Olsen
We moved! Our new address is:
6800 Electric Drive, PO Box 525, Rockford, MN 55373. (612) 477-3076
i
5f
CITY OF P1I.BFRTVILLE
COUNTY OF WRIGHT
STATE OF KI OT�I
ORDIRNKZ #1997-5
The City of Albertville does ordain:
Section 1. Purpose and Intent. It is the purpose of this
ordinance to supplement Minnesota Statutes, sections 84.81 through
84.88 and Chapter 169, with respect to operation of snowmobiles and
sections 84.787 through 84.805 and sections 84.92 through 84.929
with respect to recreational motor vehicles.
Section 2. Definitions. For the purposes of this ordinance
the terms defined herein shall have the following meanings
ascribed:
OPERATE: To ride in or on and control the operation of a
snowmobile or recreational motor vehicle.
OPERATOR: Every person who operates or is in actual physical
control of a snowmobile or recreational motor
vehicle.
OWNER: A person, other than a lien holder having the
property in or title to a snowmobile or recreational
motor vehicle.
PERSON: Includes an individual, partnership, corporation,
the State and its agencies and subdivisions, and any
body of persons, whether incorporated or not.
RECREATIONAL Trail bikes, amphibious vehicles and similar devices
MOTOR other than snowmobiles, used at least partially for
VEHICLE: travel on natural terrain, but not "special mobile
equipment" as defined in M.S.A. 168.011,
Subdivision 22, which is hereby incorporated herein
by reference. Also including any self-propelled
vehicle and any vehicle propelled or drawn by a
self-propelled vehicle used for recreational
purposes, including but not limited to a motorized
bicycle, all -terrain vehicle, hovercraft or motor
vehicle licensed for highway operation which is
being used for off -road recreational purposes. This
definition includes "Off -Highway Motorcycles" as
defined in M.S.84.797, and "All Terrain Vehicles" as
defined in M.S. 84.92.
RIGHT OF WAY: The entire strip of land traversed by a highway or
street in which the public owns the fee or an
easement for roadway purposes.
ROADWAY: That portion of a highway, improved, designed or
.ordinarily used for roadway purposes.
SNOWMOBILE: A self-propelled vehicles designed for travel on
snow or ice steered by skis or runners.
STREET: A public thoroughfare, roadway, alley or trail used
for motor vehicular traffic which is not an
interstate, trunk, County State Aid road or County
highway.
Section 3. Snowmobiles Overation Restrictions. The
following operating restrictions shall apply:
A. Stop, Yield Intersections: No snowmobile shall enter any
intersection without making a complete stop. The operator
shall then yield the right of way to any vehicles or
pedestrians at the intersection, or so close to the
intersection as to constitute an immediate hazard.
B. Minors: No person under fourteen (14) years of age shall
operate on streets or make a direct crossing of a City street
as the operator of a snowmobile. A person fourteen (14 ) years
of age or older, but less than eighteen (18) years of age, may
operate a snowmobile on streets as permitted under this
chapter and make a direct crossing of such streets only if he
has in his immediate possession a valid snowmobile safety
certificate issued by the Commissioner of Conservation as
provided by Minnesota Statutes, section 84.82.
Section 4. Snowmobile Required Equipment. Snowmobiles shall
have the following required equipment.
A. Brakes adequate to control the movement of and to stop and
hold the snowmobile.
B. Standard mufflers which are properly attached and in constant
operation, and which reduce the noise of operation of the
motor to the minimum necessary for operation. No person shall
use a muffler cut-out, by-pass, straight pipe or similar
device on a snowmobile, and the exhaust system shall not emit
or produce a sharp popping or crackling sound.
Section 5. Snowmobile Operation.
A. Operation of snowmobiles on streets in the City of Albertville
is permitted only in a direct route to/from a designated
snowmobile trail.
B. No person shall operate a snowmobile on the portion of any
right of way of any street, except single file, on the most
right-hand lane when available for traffic or as close as
practical .to the right-hand curb or edge of the roadway,
except when passing another vehicle stopped in that lane.
C. No person shall operate a snowmobile on the private property
of another without lawful authority or consent of the owner.
D. No person shall operate a snowmobile on streets or roadways at
a speed in excess of 20 miles per hour.
E. No person shall operate a snowmobile on public sidewalks,
pedestrian paths, or paved walkways within the City.
F. No person shall operate a snowmobile within the City of
Albertville during the hours from 2:00 AM to 7:00 AM.
Section 6. Prohibited Areas of Operation. It shall be
illegal to operate a snowmobile or recreational motor vehicle
within the boundaries of a city designated park unless on a
designated and marked snowmobile trail.
Section 7. Recreational Motor Vehicles. The following lists
the prohibited conditions and operations of recreational motor
vehicles within the City of Albertville.
A. All Minnesota safety and required equipment laws apply.
B. All Minnesota state laws regarding prohibited conditions and
operations apply.
Section 8. Penalty. Every person convicted of a violation of
any of the provisions of this ordinance shall be subject to the
fines and penalties provided by state statute for a misdemeanor, as
amended, plus costs of prosecution.
Section 9. Effective Date. This ordinance becomes effective
upon publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 6TH
DAY OF MAY, 1997.
Mirk S. Olsen, Mayor
ATTEST:
Linda Houghton, City Clerk
Published in the Crow River News on Monday, May 12, 1997.
CITY OF ILLE
RESOLUTION no. 1997-28
APPO'P OF Ms noniEL
NHERE S, the City Council is desirous of appointing
Maintenance Workers I, Full Time and Part -Time Temporary, effective
to isa„ r_ 1, 1 97� and thereafter, and;
kantus, t e City Council is interested in determining that
the positions is in accordance with Minnesota Statutes and City of
Albertville Personnel Policies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
Albertville, Wright County, Minnesota, hereby appoints the%
following individuals to the position of Maintenance Worker I:
NAME PAY RANGE STEP
Jim Farris 2 C
Gary Schwenzfeier 2 C
Men i sgavy-, j . A
BE IT FURTHER RESOLVED that .the City Council of Albertville
further authorizes the individuals appointed to the position
of Maintenance Worker I.
PASSED BY THE CITY COUNCIL THIS DAY OF , 1997.
Attest:
Linda Houghton, City Clerk
Mark S. Olsen, Mayor
5h
CITY OF ALEMTVILLE
RESOLUTION #1997-30
WHEREAS, the Albertville City Council is desirous of amending
the steps for Maintenance Worker I; and
WHEREAS, the City Council is interested in determining the
wage amendment for all services performed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
Albertville, Wright County, Minnesota, hereby amends Resolutions
# ! 997-6 and #1997-28 to read that work performed effective on April
;?j4r, 1997, and after shall be compensated at Step G of pay range,,
with the exclusion of Mike Rutkowski.
PASSED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 6th DAY
OF May, 1997.
ATTEST:
/
Linda Houghton, City Clerk
Mark S. Olsen, Mayor
AI.B E RTVILLE FRIENDLY CITY DAYS
P.O. BOX 162
ALBERTVILLE. MNSS301
City of Albertville.
The Albertville Friendly City Days Committee is Besting pamissioa to close
dowa the list of streets on the listed days daring Friendly City Days.
Street Day Time Activity
5kh (Mai& to Lander)
Lander (Sath to Barthel Driveway)
Baia (59th to 57th)
Main (57th to 56ti)
56th (Main to Lander)
Lander (56ti to 57th)
57th (Lander to Main)
Main (60th to 50th)
59th (Main to Barthel)
Bartel (S9th to 51st)
60t6 (Lachmaa to Main)
Jane 9-16
All Day
Carnival
June 12-16
All Day
Carnival
June 13-14
5:00pa-1:00 m
Event
June 14
10:00-11:00 m
Parade _
June 14
10:00-11:00am
Parade
Juae 14
10:00-11:00am
Parade
June 14
10:00-1 1:00am
Parade
June 15
12:00-4:00pa
Parade
June 15
12:00-4:00pa
Parade
June 15
12:00-4:00pa
Parade
June 15
12:00-4:00pa
Parade
.I
For your idorsation we have submitted applications to Wright County for the
closing of County Road 35 ( Main Avenue ) of June 13th. 14th, and 15th. The
aplicatioas are attached. Do to the planned CSAH 19 road construction we have
discussed an alternate detour route for parade day with Wright County., We plan to
detour traffic CSAH 118 to CSAH 37 on Sunday only during the parade. On Friday
and Saturday we plan to detour S7th to Barthel Ladustr. Drive to S9th.
The Committee is also Mwesthq permission to extend the city park bows on
Friday and Saturday. June 7th and Sth to 1:00 a.m. for the Live Bands, and the
Jaycees Softball Tournament during Friendly City Days.
Sincerely,
AFCD Committee
`ooy
IAPPLICANT:
ADDRESS:
WRIGHT COUNTY
- DEPARTMENT OF HIGHWAYS
%ft/t County Public %brks Buildmi
1901 Niekwry 25 ftrA
BRAS06 MkRa*m JSJIJ
Jct. T H. 25 and C.R. 1 Jd
Ti400" 04) "2-?JIJ MX (612) 6V-731J
SPECIAL EVENT PERM
PERMIT NO.
%I
`r SOME PHONE: 41 Z el 7- 30/ F
A4, WORX PHONE: biz '497-9/z,/
EVENT DESCRIPTION: //i% /fir t-T,��c�
ESTIMATED W MMER Of R4ARTIC,11RAK74: �C d
IsTARTz�o
HIGHWiV ROM
(suP.Ply map)
SAFETY PROCE
I APPRO:VSD BY:
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to
e
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Authorized Sheriff's Dept. signature - Approval DATR
(HIGHWAY DEPT. COMMENTS/REQUIREMENTS:
A?pJtOVSD Br:
Authorized signature - Highway Department DATs
The undersigned applicant hereby agrees to the above requirements and holds
harmless Wright County for any acts resul ing from the negligence of his organizers,
participants or any spectator.
Applicant's Signature DATZ
.*
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APPLICANT:
ADDRESS:
WRIGHT COUNTY
DEPARTME ,r OF HIGHWAYS
WiiiSM County PwbUe Rbrkt Bwflding
1901 UIsk"y 25 ma"Al
AWWA MHwtaoo 5J313
At T N. 2S a%d C.R. 138
TWCPJW t (612) 682-7id3 MX (612) 6U-7313
HOME PHONE:
WORK PHONE:
SPECIAL EVENT PERM
PERMIT NO _
1%
EVENT DESCiiIPTZON: fk-16011r7ll Ail"0 1 e y
ESTIMATtD NLWB94 OF PA TJCIPAXI N,:
S TART,•IDTQ
77
�=t .
HIGHWAY ROI'Ji NS VORD
(supply map)
D
AK
�r,(m to R „
_"k
NUHRER: bF -'sr 8 s ,.Raevt x $27.50/HR. g /HR.
SHERIFF 138 M. OUGMW ;
I APPROVED By:
w
Authorised Sheritt's Dept. Signature• - Approval DATl;
IHIGHWAY DEPT. COMMENTS/REQUIREMENTS:
I APPROVED ar:
Authorized Signature - Highway Department DATZ
The undersigned applicant hereby agrees to
harmless Wright County for any acts resulting f
participants or any spectator. /
above requirements and holds
th e negligence of his prganizers,
L_� �� /
is Signature %.
=2 6 .19!/
DATZ
,r
ME
S/Awo
5975 Main Avenue N.E.
P.O. Box 9
Albertville, MN 55301
(612) 497-3384
e
Fax: (612) 497-3210
THIS FORM MUST BE TURNED INTO CITY HALL BY 4:30 PM THE i►IEDNESDAY
BEFORE THE SCHEDULED CITY COUNCIL MEETING.
REQUEST TO BE SCHEDULED ON AGENDA
ALBERTVILLE CITY COUNCIL MEETING
DATE OF MEETING: lV!u
NAME:
A --Al
DEPARTMENT/ADDRESS:
BUSINESS TO BE ADDRESSED BY CITY COUNCIL:
par v417t-5
C 1'f/
ACTION REQUESTED OF COUNCIL:
ro'n S-pm 4o
SIGNED: rl � vt d �S
J4,
DATE: � 30 r
.:) MOD .D0;.
1, 6
CITY OF ALBERTVILLE
RESOLUTION#1997-31
RESOLUTION ORDERING IMPROVE M AND DIRECTING
PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE
CENTER OAKS INDUSTRIAL PARK
WHEREAS, the Albertville City Council has received a copy of
the feasibility study for the proposed installation of a sanitary
sewer and water mains to service the Center Oaks Industrial Park
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA:
1. Such improvement is hereby ordered and approved.
2. Short, Elliot, & Hendrickson, Inc. is ordered to prepare
plans and specifications for the making of such improvement.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 6TH
DAY OF MAY, 1997.
Mark S. Olsen, Mayor
MYlb4*16
Linda Houghton, City Clerk
I Doom :101
CITY OF ALBERTVILLE
NOTICE OF PUBLIC MEETING
FOR GREENHAVEN ESTATES DRAINAGE PROJECT
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council's Public Works
Committee will conduct an informational meeting on May 6, 1997, at
6:00 PM at 5975 Main Avenue NE, Albertville, Minnesota 55301 for
the purpose of discussing a proposed drainage improvement project.
Enclosed you will find a map outlining the proposed project.
Your questions on the project will be answered at the meeting.
04-'28,'97 09:53 FAX 13202518760
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36'
MILL OUTSIDE 6'
OF EACH SIDE
� I �
BIT WEAR, MN/DOT 2331, TYPE 41A
2" OVERLAY @ CENTER TO 1"2" @ GUTTER
BITUMINOUS TACK COAT
EXISTING BITUMINOUS
EXISTING AGGREGATE BASE
EXISTING CURB
TYPICAL SECTION
54TH STREET NE
55TH STREET NE
Aw TYPICAL SECTIONS
1997 OVERLAY IMPROVEMENTS
� F&I ALBERNILLE, MINNESOTA
04/28/97 09:50 FAX 13202518760
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1997 OVERLAY IMPROVEMENT
ALBERTVILLE, MINNESOTA
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May 1, 1998
TO: City Council
FROM: G.L. Hale, City Administrator & P. Carlson, City Engineer
SUBJ: CSAH 19/37 Intersection Realignment Project - L & D Trucking
and Ditch Relocation
We will briefly discuss what we see as a posiible spin off
project from the highway project.
I
1)47.n
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947.85
EX INV 94044
NEW DITCH
24. IV"
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200
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DETENTION
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MITIGATION
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XHIBIT A
1996 NORTHWEST DRAINAGE STUDY
ALBERTVILLE, MINNESOTA
z t
7ewwt-�-
May 1, 1997
TO: City Council
FROM: Public Works Committee/'�
SUBJ: Mowing Bids
The Public Works Committee will open bids at 7:00 PM
in City Hall May 1st. The results will be read and
there recommendation will be presented at the meeting.
V
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE #1997-7
AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE 601 TITLED AN
ORDINANCE REGULATING CHARITABLE GAMBLING IN ESTABLISHMENTS
HOLDING A LIQUOR LICENSE AND ESTABLISHING A FEE
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
Section 1. Section 3 of Ordinance 601 is hereby amended to read
as follows:
Section 3. Eligible Licensees. Non-profit organizations
which have operated for at least three years, have at least 15
active members, have a license to conduct lawful gambling from the
State Charitable Gambling Board, and comply with Minnesota Statutes
Chapter 349 and this Ordinance, shall be permitted to conduct
charitable gambling within the City. 41 0--albtlowing
Section 2. This amendment shall be effective immediate) f
its passage and publication. Y
Approved by the Albertville City Council this 6th day of May, 1997.
Mark Olsen, Mayor
ATTEST:
Linda Houghton, City Clerk
City Council
c/o Linda Houghton,
P.O. Box 9
Minnetonka Voiture 1281
c/o Emil Sulander
5001 Williston Road
Minnetonka, MN 55345
March 26th, 1997
City Clerk
Albertville, MN 55301
Honorable Mayor and Council Members:
Re:Pulltab Permit, K-D's Restaurant
79
Minnetonka Voiture 1281 of La Societe 40 Hommes Et 8 Chevaux, the
"Honor Society" of the American Legion, respectfully requests the
council's permission to obtain the cities license to operate at the
above location. Our membership comes from Western Hennepin and
Wright Counties and the organization is service oriented.
We are currently licensed by the Charitable Gambling Control Board
and possess permit number A-04617. We are currently seeking another
site in order to expand our opportunities for making "Lawful
Purpose Expenditures." (Charitable Gifting)
Our gift giving has been broad based, such as:
Nurses Training Scholarships, American Legion Baseball,
St. Louis Parks S.T.E.P. - A community assistance program,
Big Island Veterans Camp, Legion Boys State Scholarships,
Legionville, School Patrol Training Camperships and Camp
Courage etc.
It is our desire to expand these benevolence opportunities and we
are thus eager to receive your approval in granting this request.
"THANK YOU"
Sincerely,
Emil Sul nder, Gambling Manager
Minnetonka Voiture 1281 - 40 & 8
cc: Gordon Mason, Chef de Gare
Gambling Committee Members:
Robert Redden
James Bahr
Dennis Sculthorp
Roger Stoick
mane Brimeyer
EXECUTIVE SEARCH
April 25, 1997
Mr. Gary Hale
City Administrator
City of Albertville
5975 Main Ave. NE
P.O. Box 9
Albertville, MN 55301
Dear Gary:
Group, In�"
CONSULTANTS
904 Mainstreet
Suite 205
Hopkins, MN 55343
At your request, we are submitting a proposal to assist the City Council in a strategic planning
session. This process would include representatives of the Planning and Zoning Commission
and selected City Staff. The one day session will include the following components:
1. Begin the discussion to develop a vision or mission for the City.
2. Identify a clear set of goals for the City.
3. Establish priorities for the goals and direction of the City.
4. Develop support for these goals among Council and staff.
5. Develop communication and team work among Council and staff..
6. Develop a model for implementation of the goals established by the City Council.
PRASE I
Meet with the Mayor and selected representatives to discuss objectives and identify the specific
outcomes for the proposed Strategic Planning Session.
PHASE II - One -Day Strategic Planning Session
Begin process to develop a vision for the City - Conduct exercise to answer questions leading to
the draft of a Mission Statement.
Conduct a strategic planning session with City Council, Planning and Zoning Officials, and
City Staff. This session will:
* Identify stakeholders
* Assess the current strengths and weaknesses of the organization
* Identify opportunities and threats of the organization
* List and clarify goals
* Identify strategic issues
After establishing priorities of the strategic issues, develop a model plan for implementation and
a framework for accomplishing the completion of these issues.
(612) 945-0246 fax (612) 945-0102
City of Albertville
Proposed Schedule
Strategic Planning Session
7:30 Strategic Planning
Develop draft Mission Statement
9:00 Strategic Planning
- Identify Stakeholders
- SWOT Analysis
10:30 Break
10:45 Continue Strategic Planning
- Identify goals
- Establish priorities for goals
12:30 Lunch Break
1:00 Continue Strategic Planning
- Identify strategic issues
- Develop model implementation plan
2:30 Break
2:45 Strategic Planning
Action Planning
4:00 Adjourn
FEES AND EXPENSES
Fee for all Phases (includes preparation and final report) ............... $1,050.00
Expenses ................................... Not to exceed $100.00
(Meals, mileage, copies, courier service, etc.)
The Brimeyer Group
Garrison Hale
City of Albertville
MAPLE GROVE GLASS & GLAZING
201 West Broadway
Osseo, MN 55311
(612) 493-3499
Fed I.D. #41-175-6118
BILL TO
City of Al Mvfflc
5975 Main Ave. NE
Albertville, MN 55301
SHIP TO
Albertville Ice Rink
DATE INVOICE #
3/11/97 C-9731
V
TERMS
Due on receipt
CITY
DESCRIPTION
AMOUNT
y
45 1/2 x 46 1 1/4" OA clear TBL Thanxpanes per Estimate
2,733.60
1
45 1/2 x 45 12 1" OA clear TBL Thermopane -Kids broke
432.40
1
45 12 x 45 12 1" OA clear TBL Thermopane--installed and rejected
432.40
TAX
0.00
We appreciate you Prompt P8Yment•
Total $3,598.40
05-01-1997 10:12AM FROM Radzwill & Couri Law Offi TO 49732100 P.02
ti
i
�I SUMMARY OF EMPORTANT POINTS OF
I FA►nZFMLD AMMON DEVELOPER'S AGREEWNt
Below is a. summary of the major points of the Fairfield Addition Developers
Because ,he fine points of the agreement have been 1e& out of this summ",
=Pk, ex to the Agreement itself for more detail regarding the terns of the *eeM t.
This Developer's Agreement is similar to the Developers Agreements the City has
used 4 the past..
.Sph # (Referencing paragraph in Developer's Agreement)
1. The Developer'(Little ittie Mo=Wn Development, LLC and Floyd and Beverly
Roden) will install mmicipal unpravemeats (roads, ` stmm, sewea, . sanitary
sewer, water main, etc.) as detailed m the Plans "and Specs for Fafeld
AtdditiorL The 'unFovernerits will be warranted for a period df two years from
tie. daze of acceptance. All municipal improvemeiats will be installed by
October 31,1997, except fhe final wearing. course of bituminous which !will be
installed next spring. The Developer will warrant fie' r1iunicipat: base
for two years. The City will be responsible for snow plowmg 'whenthe
course is installed, the utility castings have been adjusted and at least one of the
homesis occupied
2. The Developer will construct on- and off -site ivap ovements (sod' trees,
driveway approaches, etc.), to be completed by July 3 L 1999.. Developer also
will install street lights, street signs, and have electrical, :natural gas, and
telephone service installed underground..
3. Developer will MOWsingle family homes only on the plat
4. Developer agrees to post a surety with the City in the a>t of $335,093.00
as security to assure that all municipal b4iovemepp and! on and ;off -site
improvements will be installed The security represeiats 100%0 of the e#imabed
costs of the municipal improvements and 506/9 of the cost of on- and ! off -site
improvements. The Developer has requested that the City accept a contractual
egrrec i with the bank rather thm a letter of credit. From the'City's point of
view, the contract will work 19vo a letter of credit The contract calls: for the
City to approve reductions in the surety amount as° the improvements are
installed This procedure is similar to that used in the recent Pwkside
developments.
5. Developer can request a release or reduction of the letter of cxc& when all or a
1
05-01-1997 10:13AM FROM Radzwill & Couri Law Offi TO 49732100 P.03
portion of on- and off -site improvements have been installed.
6. Developer will pay the City $9,950 in Sanitary Sewer Trunk Line fees. These
fees will be put in a scparate fwad to pay for future upgrade I' of the ffa tation
located in SaviWd,s Commercial Park. The $9,950 fee includes a credit to the
Developer of $4,050 for an oversized sanitary sewer main that Ithe Developer
must install to serve properties to the west.
8. Developer will pay all City costs and expenses related to the project.
9. Developer will comply with the erosion control plan.
11. Developer will keep the construction sites clean and: will air any
damage to public property due to construction on the plat.
13. If building permits are issued prior to completion and acceptance of public
improvements, Developer assumes all liability for damage to public
imprI vements from such activity. However, Wdings can be occupied upon
installation of class five gravel and concrete cu rbmg (as opposed to installation
of paved streets).
14. The City can draw on the surety prior to its expiration if a, nWw surely is not
provided at least 45 days prior to the expiration, of the later of credit.
15. If the Developer defaults on any portion, of the agreement; the City will give &C
developer 30 days notice of such default prior to drawing upon the letter of
credit.
16. Park dedication fees in the amount of $11,500.00 (23 lots at $500.00 per lot)
are due to the City prior to the execution of the final per.
17. This. agreement applies to Fairfield Addition and not to any oth' development
or phase of development.
18. Developer holds the City harmless from claims made by Deveoper and third
parties for damages sustained as a result of plat approval and development+
20. Developer will pay all reasonable attorney's and other fees inured by the City
if the City must sue to enforce this agreement:
22. The agreement will bind all successors and assigns of. the Developer.
2
7J
CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
FAIRFIELD ADDITION
THIS AGREEMENT, entered into this day of , 1997 by and
between Little Mountain. Development, LLC, Floyd Roden and Beverly Roden, collectively
referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright,
State of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land
described in Exhibit "A', attached hereto and incorporated herein by reference, a portion of
which parcels of land are proposed to be subdivided and platted for development, and which
subdivision, which is the subject of this agreement, is intended to bear the name "Fairfield
Addition" and may sometimes hereinafter be referred to as the "Subject Property" or "Said
Plat"; and
WHEREAS, the City has given preliminary approval of Developer's plat of Fairfield
Addition contingent upon compliance with certain City requirements including, but not
limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to, grading, sanitary sewer, water, storm sewer and streets (hereafter "Municipal
Improvements") be installed to serve the Subject Property and other properties affected by the
development of Developer's land, to be installed and financed by Developer;
WHEREAS, the City fiuther requires that certain on and off -site improvements be
installed by the Developer within the Subject Property, which improvements consist of
boulevards, top soil and sod, trees planted in the front yards of those lots abutting the
boulevards, grading control per lot, bituminous or concrete driveway approaches, drainage
swales, berming, street signs, street cleanup during project development, erosion control, and
other site -related items; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings and agreements of
the parties concerning the development of the Subject Property;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED,
in consideration of each party's promises and considerations herein set forth, as follows:
1
1. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located on and
off Said Plat as detailed in the Plans and Specifications for Fairfield Addition,
as prepared by Boonestroo Williamson, Kotsmith dated April 23, 1997 as on
file with the City Clerk, said improvements to include installation of water
mains, sanitary and storm sewers, storm water ponding, site grading, curb and
gutter, and paved streets. All such improvements shall be constructed
according to the standards adopted by the City, along with all items required by
the City Engineer. Unless the City Engineer specifies a later date, said
improvements shall be installed by October 31, 1997, with the wear course of
bituminous pavement to be installed after May 15, 1998 but before June 30,
1998.
B. The Developer warrants to the City for a period of two years from the date the
City accepts the finished Municipal Improvements that all such improvements
have been constructed to City standards and shall suffer no significant
impairments, either to the structure or to the surface or other usable areas due to
improper construction, said warranty to apply both to poor materials and faulty
workmanship.
C. Developer shall provide the City with lien waivers from all contractors and
subcontractors engaged to construct said improvements. Should Developer fail
to provide the City with all applicable lien waivers, the City reserves the right
to draw upon Developer's surety and pay any contractors who performed work
on any Municipal Improvements and whom Developer has failed to fully pay
for the performance of said work
D. Developer shall grade all lots at the same time as the street grading is
performed, and shall grade such lots in a manner which will allow for adequate
drainage from the lot.
E. The City shall, at its option, have the City Engineer present on Said Plat for
inspection purposes at all times (or such times as the City may deem necessary)
during the construction and installation of said Municipal Improvements.
Developer agrees to pay for all costs incurred by the City during said
inspections.
F. Developer shall be responsible for plowing snow on all streets in said plat until
the base course is installed, the castings have been adjusted and at least one of
the homes is occupied. Upon the occurrence of these three events, the City
shall be responsible for snowplowing. Until the installation of the wear course
of bituminous pavement, the Developer shall repair, at its expense, any damage
occurring to the base course, castings or other improvements from said City
snow plowing, and said snow plowing shall not be deemed an acceptance of
the streets by the City.
2. Construction of On- and Off -Site Improvements.
A. Developer shall construct all on and off -site improvements including
installation of boulevards, street signs, traffic signs, yard top soil, sod in all
front and side yards, grass seeding in back yards, trees planted in the front
yards of those lots abutting the boulevards, grading control per lot, bituminous
or concrete driveway, drainage swales, berming, and like items as necessary,
street cleanup during project development, and erosion control (a sample of
some of the required On and Off- Site Improvements are detailed in attached
Exhibit B). Said on and off -site improvements shall be installed no later than
July 31, 1999, with the exception of erosion control, drainage swales and
berming, which shall be installed upon initial grading of Subject Property.
Developer shall also comply with the landscaping plan as provided in this
document.
B. Developer shall, at its own expense, cause the following items to be installed
within the development, all such items to be installed under ground, within the
street right of way, accessible to all lots and in compliance with all applicable
state and local regulations:
i. Electrical power supply, to be provided by Northern States Power or
other such carrier,
I Natural gas supply, to be provided by Minnegasco or other such carrier,
iii. Telephone service, to be provided by Sprint/United Telephone
Company or other such carrier,
iv. Cable television, to be provided by Jones Intercable or other such
carrier.
In addition, the Developer shall, at its own expense, cause street lights and
street signs to be of such type and to be installed at such locations as required
by the City Engineer and in conformance with the Manual on Uniform Traffic
3
Control Devices.
C. Developer has submitted a utility plan for Said Plat showing all existing and
proposed utility lines and easements, attached and incorporated herein as
Exhibit C. Developer agrees to have all utilities installed according to this plan.
D. Developer shall install silt fencing in back of all curbing within 30 days after
said curbing is installed, or 7 days after the "small utilities" (gas, phone,
electrical and cable television) have been installed, whichever occurs sooner.
Developer shall be allowed to substitute hay bales for a 22-foot section of silt
fencing on each lot for the purpose of allowing construction vehicles to pass
from the street to each lot. No construction vehicles shall pass from the street
to the lots except through such designated 22-foot section of hay bales.
Developer shall remove all hay bales and silt fencing from each lot as sod is
installed upon said lot.
E. Notwithstanding the requirements of subparagraph 2A above, the Developer
shall install to the City's satisfaction the improvements shown in Exhibit B for
each lot or parcel within sixty (60) days of the date that a certificate of
occupancy (temporary or permanent) is issued by the City for a building
located on the lot, unless the certificate of occupancy is issued after October 1st
and before March 30th in any given year, in which case said improvements
shall be so completed by the following June 15th.
F. Developer shall install storm water retention/water quality ponds upon Said
Plat as shown on the Grading and Drainage Plan attached as Exhibit D. Said
ponds shall be dedicated to the City, and Developer shall provide the City with
perpetual drainage easements over such ponds. Said retention ponds shall be
installed prior to the installation of streets or utilities.
3. Intended Use of Subdivision Lots. It is the Developer's and City's intent that single-
family detached dwelling units be constructed on the lots in Said Plat (one unit on each
lot). Developer agrees that it shall not construct any units other than said single-family
detached dwelling units on the land in Said Plat
4. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or other
surety as approved by the City Attorney) as security that the obligations of the
Developer under this contract shall be performed. Said letter of credit or surety
shall be in the amount of $3351093.00 representing 100% of the estimated cost
4
of the Municipal Improvements ($298,293.00) and 50% of the estimated cost
of the on and off -site improvements ($73,600 x 50% = $36,800). Said letter of
credit or surety must meet the approval of the City attorney as to form and
issuing bank.
B. The City may draw on said letter of credit or surety to complete work not
performed by Developer (including but not limited to on and off -site
improvements, Municipal Improvements described above, erosion control, and
other such measures), to pay liens on property to be dedicated to the City, to
reimburse itself for costs incurred in the drafting, execution, administration or
enforcement of this agreement, to repair or correct deficiencies or other
problems which occur to the Municipal Improvements during the warranty
period, or to otherwise fulfill the obligations of Developer under this
agreement
C. In the event that any cash, irrevocable letter of credit, or other surety referred to
herein is ever utilized and found to be deficient in amount to pay or reimburse
the City in total as required herein, the Developer agrees that upon being billed
by the City, Developer will pay within thirty (30) days of the mailing of said
billing, the said deficient amount If there should be an overage in the amount
of utilized security, the City will, upon making said determination, refund to
the Developer any monies which the City has in its possession which are in
excess of the actual costs of the project as paid by the City.
D. Developer hereby agrees to allow the City to assess Developer's property for
any and all costs incurred by the City in enforcing any of the terms of this
agreement should Developer's letter of credit or surety prove insufficient or
should Developer fail to maintain said letter of credit or surety in the amount
required above within 30 days of mailing of written request by the City.
Should the City assess Developer's property for said costs, Developer agrees
not to contest or appeal such assessment and waives all statutory rights of
appeal under Minnesota Statutes, including Minnesota Statute 429.081.
E. That portion of said cash, irrevocable letter of credit or other surety with
respect to the performance of Site Improvements shall be released upon
certification of the City Engineer and approval of the City Council that all such
items are satisfactorily completed pursuant to this Agreement
5. Surety Release.
A. Periodically, as payments are made by the Developer for the completion of
61,
portions of the Municipal Improvements and/or On and Off -site
Improvements, and when it is reasonably prudent, the Developer may request
of the City that the surety be proportionately reduced for that portion of the
Municipal Improvements which have been fully completed and payment made
therefor. All such decisions shall be at the discretion of the City Council. The
Citys cost for processing reduction request(s) shall be billed to the Developer.
Such cost shall be paid to the City within thirty (30) days of the date of mailing
of the billing.
B. The Developer may request of the City a reduction or release of any surety as
follows:
i. When another acceptable letter of credit or surety is furnished to the
City to replace a prior letter of credit or surety.
ii. When all or a portion of the Municipal Improvements or the on- and
off -site improvements have been installed, the letter of credit or surety
may be reduced by the dollar amount attributable to that portion of
improvements so installed, except that the City shall retain the letter of
credit or surety in the amount of 10% of the estimated construction price
of the Municipal Improvements during the first year of the warranty
period and 5% of the estimated construction price of the Municipal
Improvements during the second year of the warranty period.
iii. As to all requests brought under this paragraph A, the City Council shall
have complete discretion whether to reduce or not to reduce said letter
of credit or surety.
C. The costs incurred by the City in processing any reduction request shall be
billed to the Developer and paid to the City within thirty (30) days of billing.
6. Sanitary Sewer Trunk Line Fees. Developer agrees that the City's Sanitary Sewer
Trunk Line Fee Ordinance requires the Developer to pay $14,000.00 ($1,400 per acre
x 10 acres) in sanitary sewer trunk line fees. Developer also agrees that it shall install
a 10-inch sanitary sewer trunk line as shown on the Plans and Specifications
referenced above, and the Developer and City acknowledge that said trunk line is 2-
inches larger than would normally be required for a lateral line. The Developer and
City agree that the estimated increased expense to the Developer from the installation
of the larger trunk line is $4,050.00. Accordingly, Developer and City agree that the
Developer shall be credited $4,050.00, and therefore shall pay a sanitary trunk line fee
of $9,950.00 ($14,000.00 minus $4,050).
C
7. Abandonment of Project - Costs and Expenses. In the event Developer should
abandon the proposed development of the Subject Property, the City's costs and
expenses related to attorney's fees, professional review, drafting of this Agreement,
preparation of the feasibility report, plans and specifications, and any other expenses
undertaken in reliance upon Developer's various assertions shall be paid by said
Developer within thirty (30) days after receipt of a bill for such costs from the City. In
addition, in the event the Developer abandons the project, in whole or in part, ceases
substantial field. work for more than nine (9) months, or fails to provide sufficient
ground -cover to prevent continuing soil erosion from the Plat, Developer agrees to pay
all costs the City may incur in taking whatever action is reasonably necessary to
provide ground -cover and otherwise restore Said Plat to the point where undeveloped
grounds are level and covered with permanent vegetation sufficient to prevent
continuing soil erosion from Said Plat. In the event that said costs are not paid, the
City may withdraw fiords from the above mentioned surety for the purpose of paying
the costs referred to in this paragraph.
8. Developer to Pay Citv's Costs and Expenses. It is understood and agreed that the
Developer will reimburse the City for all reasonable administrative, legal, planning,
engineering and other professional costs incurred in the creation, administration,
enforcement or execution of this Agreement and the approval of the Fairfield Addition
plat, as well as all reasonable engineering expenses incurred by the City in designing,
approving, installing, and inspecting said Improvements described above. Developer
agrees to pay all such costs within 30 days of billing by the City. If Developer fails to
pay said amounts, Developer agrees to allow the City to reimburse itself from said
surety and/or assess the amount owed against any or all of the Said Plat without
objection. Developer has the right to request time sheets or work records to verify said
billing prior to payment.
9. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved erosion control plan shall be strictly
complied with as set forth in the attached Exhibit "D." Developer shall also install all
erosion control measures deemed necessary by the City Engineer should the erosion
control plan prove inadequate in any respect.
10. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage
into any county ditch or other ditch through which water from Subject Property may
drain, and shall make any necessary improvements or go through any necessary
procedures to ensure compliance with any federal, state, county or city requirements,
all at Developer's expense.
FA
11. Maintain Public Property Damaged or Cluttered During Construction. Developer
agrees to assume full financial responsibility for any damage which may occur to
public property including but not limited to streets, street sub- base, base, bituminous
surface, curb, utility system (including but not limited to watermain), sanitary sewer or
storm sewer when said damage occurs as a result of the activity which takes place
during the development of Said Plat The Developer further agrees to pay all costs
required to repair the streets and/or utility systems damaged or cluttered with debris
when occurring.as a direct or indirect result of the construction that takes place in Said
Plat In the event the Developer fails to clean up, maintain or repair the damaged
public property mentioned above, the City shall provide the Developer with a Notice
of its intent to clean up, repair, or maintain such public property. Developer shall have
thirty (30) days from the date of mailing of such notice to effect such clean up, repair
or maintenance of said public property to the satisfaction of the City Council. In the
event that Developer fails to so clean up, repair or maintain said public property, the
City may undertake making or causing it to be cleaned up, repaired or maintained
When the City undertakes such activity, the Developer shall reimburse the City for all
of its expenses within thirty (30) days of its billing to the Developer. If the Developer
fails to pay said bill within thirty (30) days, fiords sufficient to pay the bill may be
withdrawn by the City from the surety described above and/or assessed against any or
all of Said Plat
12. Temporary Easement Rights. Developer shall provide access to the Subject Property
at all reasonable times to the City or its representatives for purposes of inspection or to
accomplish any necessary work pursuant to this agreement.
13. Miscellaneous.
A. Developer agrees that all construction items required under this agreement are
items for which Developer is responsible for completing and all work shall be
done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Contract is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Contract
C. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in
delays in completion of public improvements and damage to public
improvements caused by the City, Developer, its contractors, subcontractors,
8
materialmen, employees, agents, or third parties. No one may occupy a
building for which a building permit is issued on either a temporary or
permanent basis until the streets needed for access have class five gravel and
concrete curbing installed, unless a specific exception is approved by the City.
D. The action or inaction of the City shall not constitute a waiver or amendment to
the provisions of this Contract. To be binding, amendments or waivers shall be
in writing, signed by the parties and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce this
Contract -shall not be a waiver or release.
E. This Contract shall run with the land and shall be recorded against the title to
the property via a short -form companion document referencing this agreement.
Developer agrees to record Said Plat in the Wright County Recorder's Office
within three (3) business days of the execution of this agreement by the City.
After the Developer has completed all work and obligations required of it under
this Contract (including the expiration of the warranty period), at the
Developer's request, the City will execute and deliver to the Developer a
release of its obligations under this agreement
F. All municipal water concerns will be handled by the Joint Powers Water
Board. No connections to the water system will be permitted until the Board
has given final approval.
G. The Developer represents to the City that the Plat complies with all City,
county, state and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If
the City determines that the plat does not comply, the City may, at its option,
refuse to allow construction or development work in the plat until the
Developer so complies. Upon the City's demand, the Developer shall cease
work until there is compliance.
H. Prior to the execution of this agreement and prior to the start of any
construction on the Subject Property, Developer shall provide the City with
evidence of good and marketable title to all of Subject Property. Evidence of
good and marketable title shall consist of a Title Insurance Policy or
Commitment from a national title insurance company, or an abstract of title
updated by an abstract company registered under the laws of the State of
Minnesota.
I. Developer shall comply with all water, ponding and wetland related restrictions
9
as contained in the April 24, 1997 letter from the Wright County Soil and
Water Conservation District (said letter is on file with the City Clerk).
14. Draw on Eagiring Letter of Credit. In the event a surety referred to herein is in the
form of an irrevocable letter of credit, which by its terms may become null and void
prior to the time at which all monetary or other obligations of the Developer are paid
or completed, it is agreed that the Developer shall provide the City with a new letter of
credit or other surety, acceptable to the City, at least forty-five (45) days prior to the
expiration of the expiring letter of credit If a new letter of credit is not received as
required above,; the City may declare a default in the terms of this Agreement and
thence draw in part or in total, at the Citys discretion, upon the expiring letter of credit
to avoid the loss of surety for the continued obligation The form of said irrevocable
letter of credit must be approved by the City Attorney prior to its issuance.
15. Violation of Agreement.
A. In the case of default by the Developer, its successors or assigns, of any of the
covenants and agreements herein contained, the City shall give Developer thirty
(30) days mailed notice thereof (via certified mail), and if such default is not
cured within said thirty (30) day period, the City is hereby granted the right and
the privilege to declare any deficiencies governed_by. this Agreement due and
payable to the City in full. The thirty (30) day -notice period shall be deemed to
run from the date of deposit in the United States Mail. Upon failure to cure by
Developer, the City may thence immediately and without notice or consent of
the Developer use all of the deposited cash, irrevocable letter of credit or other
surety fimds to complete the Developer's obligations under this agreement, and
to bring legal action against the Developer to collect any sums due to the City
pursuant to this Agreement, plus all costs and attorneys fees incurred in
enforcing this agreement.
B. Paragraph 15A shall not apply to any acts or rights of the City under paragraph
14 above, and no notice need be given to the Developer as a condition
precedent to the City declaring a default or drawing upon the expiring
irrevocable letter of credit as therein authorized. The City may elect to give
notice to Developer of the Citys intent to draw upon the surety without waiving
the City's right to draw upon the surety at a future time without notice to the
Developer.
C. Breach of any of the terms of this Contract by the Developer shall be grounds
for denial of building permits.
10
16. Dedications to the City.
A. The Developer, upon presentation to the City of evidence of good and
marketable title to Subject Property, and upon completion of all construction
work and certification of completion by the City Engineer, shall dedicate all
roads, road right of ways, sewers and water mains to the City. Prior to
dedication, Developer shall provide to the City "As-Builts" of all sewers, water
mains, roads, gas pipelines, electrical, cable and phone supplies. Acceptance
by City of any , dedication shall occur upon passage of a resolution to such
effect by the City Council. Said dedications shall occur by June 30, 1998, or at
such later time as determined by the City.
B. Developer acknowledges that a total of one-half acre of park land (10 acres of
residential land x .05) are needed under the City's current park dedication
ordinance. The Developer is not dedicating park land with this plat. As a
result, Developer and City have agreed that the park dedication requirement
shall be paid to the City in the form of cash in the amount of $11,500.00 (23
lots x $500 per lot). Payment of said fee shall occur prior to release of the final
plat.
17. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the
City may refuse to approve final plats of subsequent phases until public improvements
for all prior phases have been satisfactorily completed. Development of subsequent
phases (including the development of the two commercially zoned outlots) may not
proceed until Development Contracts for such phases are approved by the City.
Approval of this phase of the Development shall not be construed as approval of future
phases nor shall approval of this phase bind the City to approve future Development
phases. All future Development phases shall be governed by the City's
Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances
in effect at the time such future Development phases are approved by the City.
18. Indemnity. Developer shall hold the City and its officers and employees harmless
from claims made by Developer and third parties for damages sustained or costs
incurred resulting from plat approval and development. The Developer shall
indemnify the City and its officers and employees for all costs, damages or expenses
which the City may pay or incur in consequence of such claims, including attorney's
fees. Third parties shall have no recourse against the City under this contract.
19. Assignment of Contract. The obligations of the Developer under this Contract
cannot be assigned without the express written consent of the City Council through
Council resolution.
11
20. Professional Fees, The Developer will pay all reasonable professional fees ink
by the City as a result of City efforts to enforce the terms of this Agreement Said fees
include attorneys fees, engineer's fees, planner's fees, and any other professional fees
incurred by the City in attempting to enforce the terms of this Agreement The
Developer will also pay all reasonable attorneys and professional fees incurred by the
City in the event an action is brought upon a letter of credit or other surety, furnished
by the Developer as provided herein.
21. Notification Information. Any notices to the parties herein shall be in writing,
delivered by hand (to the City Cleric for the City) or registered mail addressed as
follows to the following parties:
City of Albertville
c% City Cleric
P.O. Box 9
Albertville, MN 55301
Telephone: (612) 497-3384
Little Mountain Development, LLC
111 Thomas Park Drive
Monticello, MN 55362
22. Agreement Effect. This agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By
Its Mayor
LIM
12
Its Clerk
DEVELOPER,
Little Mountain Development, LLC
By Dan Frie
Its Manager
Floyd Roden
Beverly Roden
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing insbaunent was acknowledged before me this day of
, 1997, by Mark Olson, as Mayor of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
Notary Public
13
STATE OF MMMOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
1997, by Linda Houghton, as Clerk of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
Notary Public
STATE OF MflqNFSOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
1997, by Dan Frie, as Manager of Little Mountain Development,
LLC.
Notary Public
14
EXMIT A TO DEVELOPER'S AGREEMENT
The Real Property subject to the Developers Agreement is legally described as follows (prior
to pig):
The Real Property subject to the Developers Agreement is legally described as follows (after
the filing of the Fairfield Addition Plat):
All said lots in Fairfield Addition, City of Albertville, County of Wright, Minnesota
Typical On and Off -site Improvements
Utility Plan
_7�:11. W
Grading and Drainage Plan
lk
JOINT POWERS AGREM(ENT
1. Parties. The parties to this Joint Powers Agreement (the
"Agreement") are:
(a) The City of St. Michael, a Minnesota municipal
corporation ("St. Michael");
(b) The City of Albertville, a Minnesota municipal
corporation ("Albertville"); and
(c) Independent School District Number 885, a body
corporate and politic organized pursuant to Minnesota Statutes
Chapter 122 (the "School District").
St. Michael, Albertville and the School District may be referred to
herein individually as a "Party" or collectively as the "Parties".
2. Recitals.
(a) Minnesota Statutes, Section 471.59, (the Joint
Powers Act) authorizes two or more governmental units to
jointly or cooperatively exercise any power common to the
Parties to the Agreement and to establish a joint powers board
to exercise powers which a joint powers agreement confers upon
it. One or more of the Parties to the agreement may exercise
the powers on behalf of the other participating governmental
units.
(b) Minnesota Statutes, Section 471.15 authorizes
statutory cities and school districts to operate a program of
public recreation and playgrounds and to acquire, equip and
maintain land, buildings or other recreational facilities; to
expend funds for the operation of such a program; and to issue
bonds pursuant to Minnesota Statutes, Chapter 475 for the
purpose of carrying out such powers.
(c) Minnesota Statutes, Section 471.16 authorizes
statutory cities and school districts to cooperate among
themselves and with any nonprofit organization in any manner
which they may mutually agree to conduct programs of public
recreation.
(d) Minnesota Statutes, Section 471.19 authorizes
statutory cities and school districts operating a program of
public recreation and playgrounds pursuant to Minnesota
Statutes, Section 471.15 to 471.19 to acquire or lease, equip
and maintain land, buildings, and other recreational
facilities, including skating rinks and arenas, together with
related automobile parking facilities; to expend funds for the
operation of such programs; and to borrow and expend funds for
capital costs of such programs.
(e) Minnesota Statutes, Section 475.58, Subdivision 3
authorizes a municipality (which term includes a school
district pursuant to Minnesota Statutes, Section 475.51,
Subdivision 2) to finance the acquisition, improvement or
construction of an indoor ice arena intended to be used
predominantly for youth athletic activities (a "Qualified Ice
Arena") without regard to the election requirements set forth
in Minnesota Statutes, Section 475.58, Subdivision 1 or any
other provision of law or home rule charter provided the
041097 2
following conditions are met:
(i) The obligations are secured by a pledge of
revenues from the facility;
(ii) The facility and its financing are approved by
resolution of the City in which the facility is located;
(iii) The governing body of the municipality finds,
based -on an analysis provided by a professional
experienced in finance, that the facility's revenues and
other available money will be sufficient to pay the
obligations, without reliance on a property tax levy or
the municipality's general purpose state aid; and
(iv) No petition for an election has.been timely
filed under paragraph (b);
(f) St. Michael, Albertville and the School District are
entering into this Joint Powers Agreement to construct,
operate and maintain a Qualified Ice Arena (the "Joint Ice
Arena") on real property legally described on the attached
Exhibit A (the "Ice Arena Property"). The Ice Arena Property,
the Joint Ice Arena and any other improvements constructed on
the Ice Arena Property shall be referred to herein as the
"Property".
(g) To assist in financing the Arena, each party to this
Agreement will execute a General Obligation Revenue Note in
the amount of One Hundred Thirty Three Thousand Three Hundred
Thirty Three and 33/100 ($133,333.33) Dollars ("Loan") for a
total of Four Hundred Thousand and no/100 ($400,000.00)
041097 3
Dollars (the "Notes"), with Highland Bank of St. Michael or
some other lender (herein the "Lender"), providing the
financing.
(h) The Joint Ice Arena is to be used predominately for
youth activities;
(i) Prior to the commencement of construction of the
Joint Ice Arena, the Ice Arena Property shall be conveyed by
the present owner and donor of the Ice Arena Property
conveying an undivided one-third interest to each of the three
Parties to this Agreement as tenants in common. Each of St.
Michael, Albertville and the School District shall own an
undivided one-third interest subject to the terms of this
Joint Powers Agreement and the Minnesota Amateur Sports
Commission Grant Agreement.
The recitals shall be deemed a part of this Agreement.
3. Joint Powers Board. St. Michael, Albertville and the
School District hereby establish a Joint Powers Board (herein the
"Board") to exercise all powers which are common to St. Michael,
Albertville and the School District and which are necessary and
appropriate for the construction, operation, use, maintenance and
repair of the Joint Ice Arena including specifically, but not
limited to, the power to contract with the STMA Youth Hockey
Association, Inc., a Minnesota nonprofit corporation (the "Hockey
Association") for pledges of funds to assist in financing the
construction of the Joint Ice Arena and/or meeting the operation
and maintenance expenses of the Joint Ice Arena in exchange for the
right to priority along with the Independent School District in the
allocation of ice time. In addition, St. Michael, Albertville and
the School District may contract with the STMA Youth Hockey
Association, Inc. or another entity (the "Operating Entity"), to
operate the Joint Ice Arena under the direction of the Board. Said
contract shall be cancelable at the discretion of the Board. In
the event of such contract the employees of the Joint Ice Arena
will be employees of the Operating Entity. The Board shall consist
of two members appointed by the City of St. Michael, two members
appointed by the City of Albertville and two members appointed by
the School District Board. The Board may exercise its powers by
resolutions adopted by the affirmative vote of a majority of the
Board members at a public meeting duly called. Meetings of the
Board shall take place at such times and locations as the Board
determines and the Board's function shall be in accordance with
such bylaws as it adopts from time to time. Board meetings shall
be open to the public except when the issue or issues under
consideration would authorize a city, county or a school district
board to close a city council or school district board meeting to
the public. Notice of the Board's meetings shall be given in the
same manner as notice of the city council and school district board
meetings.
4. St. Michael's Rights and obligations. St. Michael's
rights and obligations shall be as follows:
(a) to execute the General Obligation Revenue Note in
favor of the Lender in the amount of One Hundred Thirty Three
5
Thousand Three Hundred Thirty Three and 33/100 ($133,333.33)
Dollars.
(b) Pursuant to Section 8, St. Michael shall annually
allocate funds to the Board in an amount sufficient to pay
one-third of any projected shortfall in annual revenues
available for the operation and maintenance of the Joint Ice
Arena and shall provide in St. Michael's budget each year for
one-third of any such projected shortfall in annual revenues.
Annual revenues available for the operation and maintenance of
the Joint Ice Arena shall be determined after the application
of any annual revenues which constitute Pledged Revenues to
scheduled Loan payments. If necessary, St. Michael shall levy
a tax on the taxable property within its boundaries, subject
to any levy limit laws, to fund St. Michael's
obligationhereunder.
(c) St. Michael shall have the right to appoint two
members to the Board.
(d) St. Michael shall be paid an amount equal to its
debt service on its Note in the amount of One Hundred Thirty
Three Thousand Three Hundred Thirty Three and 33/100
($133,333.33) Dollars along with the other parties to this
Agreement to the extent funds are available from the operation
of the hockey Arena.
5. Albertville's Rights and obligations. Albertville's
rights and obligations shall be as follows:
(a) to execute the General Obligation Revenue Note in
041097 6
favor of the Lender in the amount of One Hundred Thirty Three
Thousand Three Hundred Thirty Three and 33/100 ($133,333.33)
Dollars.
(b) Pursuant to Section 8, Albertville shall annually
allocate funds to the Board in an amount sufficient to pay
one-third of any projected shortfall in annual revenues
available for the operation and maintenance of the Joint Ice
Arena and shall provide in Albertville's budget each year for
one-third of any such projected shortfall in annual revenues.
Annual revenues available for the operation and maintenance of
the Joint Ice Arena shall be determined after the application
of any annual revenues which constitute Pledged Revenues to
scheduled Loan payments. If necessary, Albertville shall levy
a tax on the taxable property within its boundaries, subject
to any levy limit laws, to fund Albertville's obligation
hereunder.
(c) Albertville shall have the right to appoint two
members to the Board.
(d) Albertville shall be paid an amount equal to its
debt service on its Note in the amount of One Hundred Thirty
Three Thousand Three Hundred Thirty Three and 33/100
($133,333.33) Dollars along with the other parties to this
Agreement to the extent funds are available from the operation
of the hockey Arena.
6. School District's Rights and obligations. The School
District's rights and obligations shall be as follows:
041097 7
r
(a) to execute the General Obligation Revenue Note in
favor of the Lender in the amount of One Hundred Thirty Three
Thousand Three Hundred Thirty Three and 33/100 ($133,333.33)
Dollars.
(b) Pursuant to Section 8, the School District shall
annually allocate funds to the Board in an amount sufficient
to pay one-third of any projected shortfall in annual revenues
available for the operation and maintenance of the Joint Ice
Arena and shall provide in the School District's budget each
year for one-third of any such projected shortfall in annual
revenues. Annual revenues available for the operation and
maintenance of the Joint Ice Arena shall be determined after
the application of any annual revenues which constitute
Pledged Revenues to scheduled Loan payments. If necessary,
the School District shall levy a tax on the taxable property
within its boundaries, subject to any levy limit laws, to fund
the School District's obligation hereunder.
(c) The School District shall have the right to appoint
two members to the Board.
(d) the School District shall be paid an amount equal to
its debt service on its Note in the amount of One Hundred
Thirty Three Thousand Three Hundred Thirty Three and 33/100
($133,333.33) Dollars along with the other parties to this
Agreement to the extent funds are available from the operation
of the hockey Arena.
(e) The School District shall have a priority in regard
8
to scheduled ice time and in that regard, the School District
shall enter into a contract with the Board to purchase a
minimum of
hours of ice time for use by the
School District during each season of operation.
7. Allocation of Revenues. The revenues from the Joint Ice
Arena shall be first used to fund scheduled repayment of the Notes
and secondly to fund the operation and maintenance of the Ice
Arena. If revenues from the Joint Ice Arena exceed amounts
necessary to fund scheduled repayment of the Loan and the operation
and maintenance of the Ice Arena, the Board may elect either to
invest the excess revenues in one or more reserve funds established
to fund future scheduled repayment of the Notes, future operation
and maintenance expenses, repair and replacement expense or
improvements to the Joint Ice Arena.
8. Estimation and Deficiencies and Timing of Payment.
(a) The Board will convene annually at a time it
determines to prepare estimates of revenues and expenditures.
Based upon these estimates, the Board will determine what
amount, if any, will be necessary to cover any shortfall in
revenues to pay for operations, maintenance or Loan payments.
(b) The Board will forward this information to the
Parties, and each Party will include in its budget the share
of any shortfall which the Party is obligated to pay.
(c) The Parties will provide the shortfall payments at
such time as needed as determined by the Board.
(d) Any revenue that exists after meeting debt service
�tl
and operation expenditures will be deposited into a reserve
account pursuant to Section 7 above.
9. Fiscal Year. The Board's fiscal year shall run from
July 1 to June 30 of each year.
10. waiver of Partition. The Parties each hereby irrevocably
waive any and all right to maintain an action for partition as to
each Party's undivided interest in the Property.
11. Sale and Encumbrance. A Party may not voluntarily sell,
transfer, lease, mortgage, encumber or otherwise dispose of any
interest in the Property without the prior written consent of each
other Party. The Parties may mutually agree to sell or encumber
the entire Property or any portion thereof at any time provided the
terms and conditions of such sale or encumbrance are set forth in
a written agreement which all Parties execute. If the Parties
agree to sell the Property or use the Property as security for a
loan or other advance money, the proceeds of the sale of the
Property or the proceeds of the loan shall be used and applied in
a manner set forth in the agreement among and between the three
Parties.
12. Involuntary Transfers. If all or any portion of the
fractional interest in the Property of any Party is transferred to
a third party or comes under the ownership or control of another
party (a "Transferee") by reason of appointment of a receiver for
the benefit of creditors, adjudication of bankruptcy, attachment or
levy by any creditor, foreclosure, operation of law or any other
involuntary means, the remaining Parties shall have the exclusive
041097 10
I r
right to purchase such fractional interest in the Property from the
Transferee as follows:
(a) Upon the mutual agreement of the remaining
Parties and the Transferee, but if they do not reach a
mutual agreement within 30 days following the exercise of
the remaining Parties' rights hereunder; then
(b) The purchase price to be paid by the remaining
Parties shall be equal to the lesser of:
(i) the fair market value of the Property as
established by an appraisal conducted by a qualified real
estate appraiser mutually selected by the remaining
Parties and the Transferee. If the remaining Parties and
the Transferee cannot agree on an appraiser, then the
remaining Parties and the Transferee shall each appoint
one appraiser who shall have at least five years
experience as a licensed real estate appraiser. If the
two appraisers cannot agree upon the fair market value,
they shall jointly choose a third appraiser and the
decision of any two of the three appraisers as to the
fair market value shall be binding upon the Parties. If
no two appraisers can agree upon a fair market value, the
fair market value shall be deemed to be the average of
the fair market value as determined by the three
appraisers. The expenses of each appraisal conducted in
accordance with this provision in this paragraph shall be
borne equally by the Parties and the Transferee; or
041097 11
(ii) the amount of any lien which gave rise to such
involuntary transfer.
The remaining Parties' right to purchase hereunder may be
exercised within six months following the involuntary
transfer, by written notice to the Transferee. Under no
circumstances shall any Transferee be entitled to
possession of the Property or any portion thereof or to
assert any claim for rent or other income from possession
or use of the Property.
13. Termination. This Joint Powers Agreement shall terminate
upon the sale of the Property pursuant to Section 10. The proceeds
of a sale of the Property shall be used first to repay or provide
for the subsequent repayment of the Loan and second to pay any
other debts or obligations of the Board. Any funds remaining after
the repayment or provision for the repayment of the Notes and
payment of any and all other debts and obligations the Board shall
be divided equally among the three Parties. If the proceeds of the
sale of the Property are not sufficient to repay the Loan and repay
any and all obligations of the Board, the Parties shall each
contribute one-third of the amount necessary to repay or provide
for the repayment of the Loan and pay all debts and obligations of
the Board. This Joint Powers Agreement shall terminate at such
time as the Property has been sold, the proceeds of the sale have
been used to repay or provide for the repayment of the Loan and pay
all debt and obligations of the Board and any remaining cash has
been distributed equally among the three Parties to this Agreement,
041097 12
or the three Parties to this Agreement have each contributed one-
third of the amount necessary to repay or provide for the repayment
of the Loan or to pay any debts or obligations of the Board which
were not funded from the sale proceeds.
14. Default. If any party defaults in the performance of its
obligations under this Agreement, the non -defaulting Parties,
either jointly or individually, may commence an action in Wright
County District Court to compel the defaulting Party's specific
performance of its obligations under this Agreement or to recover
damages. In any such action the nondefaulting Parties shall be
entitled to recover its actual attorneys' fees and costs.
15. Effective Date. This Agreement shall be effective as of
the day of
, 199
16. RMired Resolutions. The Parties' obligations under
this Agreement are contingent upon:
(a) Each of St. Michael and Albertville City Councils
and the School District Board adopting resolutions approving
the Joint Ice Arena and its financing and the adoption of this
Joint Powers Agreement on or before , 1997.
(b) The St. Michael and Albertville City Councils and
the School District Board adopting resolutions, on or before
, 1997, finding, based on the analysis provided
by Springsted Incorporated, a professional experienced in
finance, that the facility's gross revenues and other
available money will be sufficient to repay the Loan, without
reliance on the Parties' property tax levy or general purpose
041097 13
state aid within the meaning of Minnesota Statutes, Section
475.58, Subdivision 3, paragraph (a)(3).
(c) No petition for an election being timely filed under
Minnesota Statute, Section 475.58, Subdivision 3, paragraph
(b) .
CITY OF ST. MICHAEL
By:
Its Mayor
By:
City Clerk
CITY OF ALBERTVILLE
By:
Its Mayor
By:
Its City Manager
INDEPENDENT SCHOOL DISTRICT
NUMBER 885
BY:
•Chair
By:
Clerk
041097 14
i � :� � �-.
TEL No.
Apr 22,97 13:18 No.007 P.01
R.J.S. BUILDERS
3048 Wisconsin Avenue
Crystal, MN 55427
Date: April 22, 1997
To: City of Albertville, Mayor and Council
From: Richard J. Sybrant, Developer
Subject: Brittney Kay Estates, Request for Preliminary Plan extension
The final plat and all related plans are completed, however, due to other opportunities
which may affect the project, it is requested that preliminary plat approval be extended to the June
3, 1997 Council meeting.
At that time the developers agreement along with financial guarantees will be completed
and construction can proceed as weather permits.
Sincerely;
R ha�ybr caner
..l-- - - - - - 4L -Zx�
pcst.K+ pax Note
7071
IYour water and wastewater partner
MEMORANDUM
TO: City of Albertville
FROM: Kelly Browning
DATE: March 27,1997
SUBJ: Repair and Maintenance Overage for 1996
Please find enclosed Invoice # 52105 for the Repair and Maintenance expenditures over
the R & M allowance for the period January 1,1996, through December 31,1996.
$7,313.52 Actual costs
(4,020.00) Less: Annual budget
$3,293.52 Total Amount due
Per my discussion with Mr. Hale, the major expenditures contributing to the overage
were non -routine and should not be recurring. They are summarized as follows:
$2,425.06 Spare parts inventory for all lift stations
$1,240.00 Lift Station cleaning (long-term accumulation)
$219.06 Padlock change
$198.61 Wire outside light (City's request)
Should you have any questions, please feel free to contact me at 497-8309.
F66 0 QAI F;� ho (k
St. AIiehael - AlhertvMe Iee arena
April 28, 1997
Mr. Paul D. Erickson
Executive Director
Minnesota Amateur Sports Commission
1700 - 105th Avenue NE
Blaine, MN 55449-4500
SUBJECT: REQUEST FOR RENOVATION GRANT
ST. MICHAEL - ALBERTVILLE ICE ARENA
DeirMr. Erickson:
Application is hereby made for purposes of securing a Renovation Grant in the amount
of $50,000 for the addition of locker rooms and general completion of the subject arena.
As you know, the STMA Ice Arena group was a recipient of a $200,000 grant to construct
a new $1.0 million arena. This group was established through a joint powers agreement
between the City of Albertville, the City of St. Michael', and Independent School District
#885. Our request is based on the parameters and agreements established in our original
submittal. We are moving forward on the construction of the arena on the site identified
in our submittal; on a donated 2.0 acre site in the City of Albertville. Our goal is to
complete the project by November 1997.
It should be noted that the ISD #885 School Board recently enacted a resolution to
establish a varsity girls hockey program for the upcoming school year, 1997 - 1998, in
anticipation of the new arena. This program is expected to use up to 200 hours of ice time
with participation from St. Michael, Albertville, Monticello and Buffalo.
All other terms and conditions established in our October 4, 1996 submittal are valid and
remain in effect.
Sincerely,
Garrison Hale
City Administrator
City of Albertville
Robert Derus
City Administrator/City Clerk
City of St. Michael
April 28, 1997
TO: City Council
FROM: G.L. Hale, City Administrator
SUBJ: Project Update
This time of year you will find many things taking place
at a very fast pace. "Spring has sprung." The following
are activities that have been started:
1)
2)
3)
4)
5)
6)
Plats - The Meadows (69) home sites R1-A by Lyman Dev.
Parkside 4th Addn (17) home sites replat by Pilot
Cedar Creek North (90) home sites PUD by Pilot
Cedar Creek Business Park (6) industrial sites by Pilot
Center Oaks 1st Addn (108) home sites PUD by Pilot
STMA Ice Arena - it looks like we have agreement for a
Joint Powers Agreement that works for the
Cities of Albertville, St. Michael abd ISD #885.
Further, Jeff and I are putting together the By -Laws,
and Operating Agreements.. Wetlands have been
delineated. We hope to continue forward with the
platting, lot survey, street and utilities, etc.
Construction is anticipated for the 1998-99 school
year. There is an outside chance of the arena
being part of a larger project (more on this later).
Street Overlays - we will be presenting an overlay project for your
consideration. We may add to it a storm water and
paving project for the fire hall. The public works
committee is scheduled to work on this and meet with
the fire department on May 1st at 8PM.
Greenhaven Drainage - public meeting May 6th at 6PM before the council
meeting to review the project. Then at the 7PM
council meeting the residents can stay and take
part in a'proposed solution.
Railroad Culvert by Savistky's is part one. Work may be required on
L & D Trucking's site for the CSAH 37/19 Project. It could be required
to relocate part of the ditch where the hockey arena is going. Good time
to use storm water management funds for the open ditch part beyond L & D
Trucking (L & D's part -rolled in to the CSAH 37/19 project).
Britnay Kay Estates Preliminary Plat is looking for a thirty day extensio
so they can work with the Joint Powers Water Board on a site for the
water treatment plant and to work with Doug Psyk and Lyman Lumber on a
sewer line extension. All looks positive.
AL13ERTVILLE STAFF MEETING
April 23, 1997
9:00 AM
1. CALL TO ORDER
2. SPECIAL
a.
9:00
AM -
Eull Concrete (Joel Eull)
b.
9:30
AM
- Lot 2, Greenhaven Estates (Tony Lucas)
C.
10:00
AM
- Gonyea Land (Mara Property)
d.
11:00
AM
- Easements, Ditches, Trails, Etc. (Pilot)
e.
12:00
PM
- Other
3. ' ADJOUR102M
STAFF TO ATTEND: Garrison Hale
Liz Stockman
Pete Carlson
Presenters
NOTE: Due to time constraints, agenda items may be
carried forward to future staff meetings.
- ! ►
PUBLIC WCRKS CCMITI'EE
TL
May 6, 1997
6:00 PM
2. SPECIAL ORDER
- Greenhaven Estates Drainage Project
3. ADJOUR109M
ATTENDEES: John Vetsch
Patti Stalberger
Bob Gundersen
Gary Hale
Pete Carlson
. 4
PLANING & ZONING MMMI SSION
May 13, 1997
7:00 PH
7:00 PM 1. CALL TO ORDER/ROLL CALL/ADOPT AGENDA
(Chair/Secretary/Camiission)
7:02 PM 2. APPROVAL OF MINUTES (Commission)
a. Regular Meeting - April 8, 1997
b. Special Meeting - April 29, 1997
7:05 PM 3. SPECIAL ORDER - PUBLIC HEARINGS
a. Rezone Lot 2, Block 4, Greenhaven Estates,
from A-2 to B-3 (Tony Lucas)
b. Preliminary Plat for The Meadows (Lyman
Development Co.)
C. Preliminary & Final Plat for Cedar Creek
Business Park (Pilot)
d. Rezoning Request from R-lA (Low Density Single
Family) to PUD (Planned Unit Development) for
Center Oaks 1st Addition (Pilot)
e. Preliminary Plat for Center Oaks 1st Addition
(Pilot)
f. Rezoning Request from R-lA (Low Density Single
Family) to PUD (Planned Unit Development) for
Cedar Creek North (Pilot)
g. Preliminary & Final Plat for Cedar Creek North
(Pilot)
8:30 PM 3. UNFINISHED BUSINESS
a. Resolution #1997-19 (A RESOLUTION ESTABLISHING
THE NEED FOR REGULATION OF PERSONAL WIRELESS
SERVICE ANTENNAS AND SUPPORT STRUCTURES THEREOF
INCLUDING, BUT NOT LIMITED TO, LOCATIONAL
REQUIREMENTS
b. ORDINANCE #1997-2 (AN ORDINANCE AMENDING
SECTION 2500 OF THE ALBERTVILLE ZONING
ORDINANCE REGARDING THE REGULATION OF ANTENNA
(COMMUNICATION RECEPTION/TRANSMISSION DEVICES)
C. ORDINANCE #1997-3 (AN ORDINANCE AMENDING
SECTIONS A-500 AND A-600 OF THE ALBERTVILLE
SUBDIVISION ORDINANCE REGARDING SKETCH PLANS
AND PRELIMINARY PLAT REQUIREMENTS AND
ESTABLISHING A SECONDARY STREET ACCESS
REQUIREMENT FOR RESIDENTIAL SUBDIVISIONS)
d. Comprehensive Parks & Trails Plan Priorities
9:05 4.
NEW BUSINESS
a. Resolution #1997-6 (RESOLUTION FINDING THE TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT
FINANCING DISTRICT NO. 7 AND THE MODIFICATION
TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT
DISTRICT NO. 1 CONSISTENT WITH THE PLANS FOR
DEVELOPMENT OF THE CITY OF ALBERTVILLE
b. Resolution #1997-6 (RESOLUTION FINDING THE TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT
FINANCING DISTRICT NO. 7 AND THE MODIFICATION
TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT
DISTRICT NO. 1 CONSISTENT WITH THE PLANS FOR
DEVELOPMENT OF THE CITY OF ALBERTVILLE
9:30 PM 5. ADJOURU94M (Camctission)