1997-10-06 CC Agenda/ Packet1.
October 6,,, 1997
7:00 PM
CALL TO ORDER/ROLL '..ALL/ADOPT
(Mayor/Clerk/Council)
2. MINUTES (council)
a. September 22,
b. September 29,
1997, Regular 1�'eeting
1997, Special 14:eeting
3. AUDITING CLAIMS (council)
Check #'s 11232 - 11264
4. CITIZEN FORUM - 1(,, MinuteLimit
Skateboards - Citizen Compla:int
AGENDA
5. CONSENT AGENDA ( * ] (council)
a. Financial Statement
b. Follow -Up Sheet as of September 22
C. City Department Report
d. RESOLUTION #1997-44 (RESOLUTION APPROVING CLASS B
GAMBLING LICENSE FOR THE ALBERTVILLE JAYCEES TO SELL
PULLTABS AT THE ALBERTVILLE BAR)
e. RESOLUTION #1997-45 (A RESOLUTION ESTABLISHING THE ORDER
OF COUNCIL BUSINF�SS FOR THEIR MEETINGS AS SPECIFIED BY
THE COUNCIL AGENDA. THIS RESOLUTION IS PRESCRIBED BY
ORDINANCE #'1997-11 (AN ORDINANCE DEFINING THE
REQUIREMENTS AND PROCESSES THE CITY COUNCIL SHALL FOLLOW
IN CONDUCTING ITS MEETINt:3S ANI7, COUNCIL BUSINESS)
f. RESOLUTION #1997•-46 (A RESOLUTION AMENDING RESOLUTIONS
#1997-1 AND #1997-•22 (A RESOLUTION MAKING APPOINTMENTS TO
CERTAIN OFFICES AND POSITI(�)NS WITHIN THE CITY OF
ALBERTVILLE FOR THE YEAR 1997)
g. RESOLUTION #1997-48 (A RESOLUTION MAKING A NEGATIVE
DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT
STATEMENT FOR CENTER OAKS PROJECT)
)
h. RESOLUTION #1997-50 (ES'TABLI3HMENT OF A PERFORMANCE
APPRAISAL POLICY)
6. SPECIAL ORDER — PUBLIC HFJkRING
Housing Program for the Issuance of Revenue Bonds to
Finance a Housing Development. in the City of Albertville
01
- RESOLUTION #1997-51 (A RESOLUTION APPROVING A
PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT AND
GRANTING PRELIMINARY APPROVAL TO THE ISSUANCE OF
REVENUE BONDS UNDER THE PROGRAM)
7. DEPARTMENT BUSINESS
a. LEGAL
1) Shared Road Agreement
2) CSAH 19/37 Intersection Realignment Project Budget
Update
3) Findings of Fact & Decision - Cedar Creek Golf
Course
4) Developer's Agreement Cedar Creek Golf Course
Planned Unit Development Concept Plan Master
Agreement
b. ENGINEERING
1) RESOLUTION #1997-47 (RESOLUTION DIRECTING ENGINEER
TO REPORT WHETHER PROPOSED IMPROVEMENT IS FEASIBLE
AND ITS ESTIMATED COSTS) - Northeast Sanitary Sewer
and Water Main Extension Project
2) Savitski Ditch
3) Approval of reduction in Fairfield Addition's Letter
of Credit to $100,000
4) Kalenda Court - Cost Estimate
C. PUBLIC WORKS
1) Loader
2) Building Cleaning - Cit..y Hail, Fire Hall.. Park
Shelter
3) Tractor Repair - Estimate & Direction
4) Truck Repair - Estimate & Direction
d. GENERAL GOVERNMENT
1) Ken Tiernan - Queen Committee Expenses Report
2) Christmas Decorations - Putting Up/Taking
Down/Storage (Donatus Vetsch)
3) Authorize switch from Highland Bank to
Security State Bank of Maple Lake (Albertville
Branch)
8. ADJOURNMENT (Council)
UPCOMING MMINGS/ IMPORTANT DATES
October 8
Otsego Creek Authority
7:001M
October 14
Planning & Zoning Commis;°,aion
7:00 EM
October 20
Regular City Council Meeting
7:001M
October 22
Staff Meeting
9:00 pM
October 27
Joint Powers Board
7:00 Hsi
October 28
Planning & Zoning Meeting (optional)
7:00 1M
November 3
Regular City Council Meeting
7:00 Hsi
November 11
Planning & Zoning Commission
7:00FM
(VETERAN'S DAY)
November 11
Veteran's Day - Legal Holiday - Office
Closed
November 17
Regular City Council Meeting
7:00 Bd
November 24
Joint Powers Board
7i00 HM
November 25
Planning & Zoning Commission (optional)
7:00 R4
November 27
Thanksgiving Day - Legal holiday - Office
Closed
November 28
Legal Holiday - Office Closed
ALBERTVILLE CITY COUNCIL
September 22, 1997
Albertville City Hall 7:00 PM
PRESENT: Mayor Mark Olsen, Councilmembers Patricia
Stalberger, Duane Berning, Robert Gundersen, and John Vetsch (9:30
PM), City Administrator Garrison Hale, City Clerk Linda Houghton,
City Attorney Michael Couri and City Engineer Peter Carlson
Mayor Olsen called the regular meeting of the Albertville City
Council to order.
The agenda was amended as follows:
Add Item 6e(5) - Authorize the Fire Department to prepare
specifications for the purchase of a new fire rescue truck
Berning made a motion to approve the agenda as amended.
Gundersen seconded the motion. All voted aye.
Berning made a motion to approve the minutes of the September
2, 1997, special meeting to consider a municipal liquor store, the
minutes of the September 2, 1997, special meeting on the 1998
budget and the minutes of the September 8, 1997, regular meeting as
presented. Gundersen seconded the motion. All voted aye.
Gundersen made a motion to approve payment of Check Vs 11210
- 11231 as presented. Stalberger seconded the motion. All voted
aye.
Don Jensen, representing Pilot Land Development Company,
addressed the trails in the Parkside 3rd and 4th Additions. Since
this item is scheduled 'on the agenda already, Jensen agreed to wait
for that discussion.
No one else in the audience asked to address the Council.
Berning made a motion to approve the Revenue/Expenditure
Report for August 1997 as presented. Stalberger seconded the
motion. All voted aye.
Berning made a motion to approve the WWTF Operations Report
for the month of August 1997 as presented. Stalberger seconded the
motion. All voted aye.
Berning made a motion to approve the Follow -Up Sheet as of
September 8, 1997, as presented. Stalberger seconded the motion.
All voted aye.
Zoning Administrator Hale reported that the Planning
Commission will be conducting two public hearings on Tuesday,
1
October 14, 1997,--one for the purpose of considering amendment of
the Zoning Ordinance in regard to performance standards and one for
the purpose of considering amendment of the Sign Ordinance in
regards to billboards and temporary real estate signs.
Olson made a motion to adopt ORDINANCE #1997-3.5 titled AN
ORDINANCE AMENDING ORDINANCE #1997-9 TITLED AN ORDINANCE REGULATING
ADVERTISING DEVICES (BI:LLBOARDS) AND BUSINESS SIGNS AND PROVIDING
A PENALTY FOR VIOLATION. Berning seconded the motion. All voted
aye.
Zoning Administrator Hale explained that the Planning
Commission briefly discussed an amendment to the Comprehensive Plan
regarding zoning both .sides of County Road 19 starting at 50th
Street to 57th Street to B-3. The consensus of the Commission was
to wait for property owners to request the zoning change.
Doug Psyk, one of the affected property owners, stated that
residential property abutting County Road 19 is unlikely to sell.
He favors rezoning the property to B-3.
Gundersen made a motion directing the Planning commission to
conduct a public hearing to consider, a zoning amendment from R-1
(Single Family Residential) to B-3 (Highway Commercial) for the
property abutting County Road 19 from 50th Street to 57th Street.
Stalberger seconded the motion. All voted aye.
Don Jensen, Pilot.�J�and Development:. Company, asked the Council
for direction on the Cedar Creek North, Phase III Townhouse Area A
revised design. The revision consists of eight townhouses and four
single family lots, instead of the twelve townhouses as originally
proposed.
Olson made a motion to approve the revised design for the
Cedar Creek North Phase III Townhouse Area A revision with eight
townhouses and four single family lots. The motion does not
approve the entire PUD for the golf cc►urse and grants no property
rights. Berning seconded the motion. Olson, Berning, and
Stalberger voted aye. Gundersen voted no.
The Council considered that a rezoning to POD for the entire
golf course plat will require four -fifths vote. Gundersen
indicated that he is opposed to the townhouse design and will not
vote in favor of the FEUD rezone with the townhouses. Gundersen
further stated that in prior conversations with absent
Councilmember Vetsch, Vetsch indicated, he is also opposed to the
townhouses in Cedar Creek North Phase III Townhouse Area A.
Berning made a motion to reconsider the previous motion.
Gundersen seconded that motion. All voted aye.
Berning made a motion to approve a revised design for the
2
Cedar Creek North Phase III Area with all single family lots. The
motion does not approve the entire PUD for the golf course and
grants no property rights. Olsen seconded the motion. All voted
aye.
The Public Works Committee reported they will meet before the
City Council meeting on October 6,.1997, with representatives from
a company to consider the purchase or lease of a loader. Don
Jensen of Pilot Land Development Company offered to allow the City
to store a loader in an existing storage building on their property
rent-free for the year. The Council tabled further discussion on
the loader to the October 6, 1997, meeting.
The Council tabled discussion on the salt shed pending
discussion with the County regarding the City's ability to use the
County's facilities for salt storage.
Berning made a motion authorizing the extension of the storm
sewer from an existing line that is connected to the catch basin on
Main Street to a new catch basin at the Fire Hall/Public Works
Building parking lot. Funds to pay for the project, approximately
$2,000, will come from the 77IF #5 :budget. Stalberger seconded the
motion. All voted aye.
Berning made a motion authorizing to approve the quote in the
amount of $1,387.00 and authorize Meiny's Diggers, Inc. to remove
apron, add 70 feet of 12" ;plastic pipe and replace apron on the end
of the ditch south of County Road 37 and east of Main Avenue with
funds coming from the TIF #5 budget. Stalberger seconded the
motion. All voted aye.
Berning made a motion to authorize expenditure not to exceed
$1,000 from the storm sewer fund. and direct Meiny's Diggers to
regrout manholes at a cost of +.)'-$200 per manhole. Stalberger
seconded the motion. All voted aye.
City Engineer Peter Carlson discussed increasing the street
standard design due to poor subgrade soils in many areas of the
City. Carlson is not asking for Council action at this time. Don
Jensen, Pilot Land Development Company, stated that additional
standards should be required only for the areas with sub -standard
soils, rather than an across-the-board increase in the standard
design.
Berning made a motion to table further discussion on street
standards to the November 17, 1997, meeting. Gundersen seconded
the motion. All voted aye.
Carlson discussed the requirements for a Wastewater Treatment
Facility Plan --the first step in evaluating the City's current and
projected wastewater treatment needs. Estimated cost for preparing
the Facility Plan is $50,000. The cost of the plan will be
3
reimbursed if, or when, the City receives a PFA loan.
Berning made a motion authorizing SEH to prepare a Wastewater
Treatment Facility Plan with expenditures from the SAC Fund.
Gundersen seconded the motion. All voted aye.
Carlson reiterated that the properties owners in the
Greenhaven Addition are opposed to granting additional easements
across their property for a new tile line. The City has the option
of placing new line within the already -platted drainage easements.
The disadvantage of this option is the number of 90 degree angles
necessary and the maintenance and clean -out of those areas that
will be created due to the lack of grade ("drop") from one end of
the project to the other.
(Councilmember John Vetsch arrived at the meeting at 9:30 PM.)
Stalberger made a motion to authorize the installation of an
18" the line with drop drains to be installed within the current
drainage easements in the Greenhaven Addition. Berning seconded
the motion. All voted aye.
Carlson discussed the curb and gutter in Kalenda Court.
Although the plans for the project show the street designed with a
1.5% street grade, during construction the grade was changed to
0.5%. Since the road was built, there has been some settlement of
the curb and gutter. Carlson reported that the curb and gutter is
in good condition except in the driveway areas where it is very
poor. Because of the settlement in isolated areas, water ponds in
several areas. The only way to eliminate the ponding is to
reconstruct the street.
Ed Kauffmann, owner of the Westwind Apartments, requested that
the City raise the Kalenda Court curb and gutter so that the water
will run out of the cul-de-sac. He plans to replace the parking
lots for the apartments but wants the drainage problem corrected
prior to blacktopping the parking lots.
Carlson estimated the cost of replacing the concrete curb and
gutter at $12 per foot. There are approximately 200 feet of
concrete starting from the throat of the cul de sac.
The Council questioned City Attorney Couri whether the City
could assess the cost of the repairs to the benefitting properties.
Couri explained that cities use various methods of financing street
repairs and the City must determine its own assessment policy.
Berning made a motion directing the city engineer to secure
quotes on replacing the curb and gutter in Kalenda Court for
consideration at the next Council meeting and to contact Meyer-
Rohlin to determine why the street design was changed. Vetsch
seconded the motion. All voted aye.
4
Carlson reported its appears that the owner of Lot 2, Westwind
3rd Addition, filled in the outlet ditch to the detention pond when
the vacant lot was graded to eliminate a nuisance condition. This
has caused the water level in the pond to increase and back up
water onto the adjacent parking lot. The owner has been notified
and directed to correct the problem.
Carlson reported that he is proceeding to get prices from Fehn
Excavating on the cost of fill for they Savitski ditch project.
Andy Savitski is aware that the project: will cost him between
$16,000-$20,000 and is willing to have the City proceed.
Carlson recommended that the Council resurrect the Feasibility
Study for the NE Sanitary Sewer and Water Main Extension because
two developers have expressed interest in proceeding with projects.
It would be necessary for the Council to conduct another public
hearing on the study. The Council should also consider how to
handle the gravel roads leading into any development on the
northeast side of the city. The Council gabled further discussion
of the feasibility study until October 6 when the administrator can
provide the amount of escrow funds required from each developer to
pay the additional costs.
The Council concurred that the gravel roads leading into the
potential developments on the northeast corner of the city should
be paved at the time of development. The Council agreed that the
City may participate in the costs of upgrading the collector
streets to 9-ton standards.
Stalberger made a motion requiring that the roads leading to
the developments proposed in the northeast corner of the City be
paved to 7-ton standards by the developer and the City will
participate in the cost through upgrading the roads to 9-ton
standards. The motion further directed the Transportation
Committee to meet with the City of Otsego regarding the shared
roads and determine if it is possible to pursue a grant. Gundersen
seconded the motion. All voted aye.
Berning made a motion to approve the Conditional Use Permit -
Planned Unit Development Agreement wit'n Don's Bus Garage with a
letter of credit in the amount of 100% as recommended by the city
engineer. Stalberger seconded the motion. All voted aye.
City Attorney Couri advised the Council that the trails in the
Parkside 3rd Addition will require competitive bidding.
Berning made a motion agreeing to credit the developer for
out-of-pocket expenses only for installing the trails in Parkside
4th Addition. The credit, which amount, to the difference between
the park dedication fee required for Parkside 4th and the actual
expense of installing the trails, will be applied to the park
dedication requirements for future developments. Stalberger
5
seconded the motion. All voted aye.
Berning made a motion to authorize rebate Kenco for the trunk
sanitary sewer costs according to the terms of the Developer's
Agreement. Gundersen seconded the motion. All voted aye.
The Council considered the request from Pilot Land to rebate
the costs of abandoning the temporary lift station. City Attorney
Couri advised the Council that the City clearly owns the equipment
for the lift station. City Engineer Carlson stated that City has
no use for the equipment and sees no reason not to return the
equipment to Pilot Land.
Vetsch made a motion to deny the request for a rebate for the
abandonment of the lift station but to approve turning back the
components of the lift station to the developer. Berning seconded
the motion. All voted aye.
Arlan Middleton presented the LCMIT insurance quote for the
City's coverage. The premium includes optional glass coverage at
a cost of $1,845. Middleton feels that the cost of glass coverage
is cost -prohibitive and recommended the Council reconsider
purchasing the coverage.
Berning made a motion approving the insurance package,
excluding the optional glass coverage from the LMCIT policy and to
increasing the value of property in the open. Vetsch seconded the
motion. All voted aye.
Berning made a motion to adopt ORDINANCE #1997-13 titled AN
ORDINANCE REGULATING THE USE OF BURGLAR AND SAFETY ALARMS,
ESTABLISHING A USERS' FEE AND ESTABLISHING A SYSTEM OF
ADMINISTRATION. Vetsch seconded the motion. All voted aye.
Vetsch made a motion to adopt ORDINANCE #1997-14 titled
ESTABLISHING FEES FOR FIRE PROTECTION SERVICE AND/OR EMERGENCY
RESPONSE. Gundersen seconded the motion. All voted aye.
The Council discussed the fees as detailed in Resolution
#1997-43. The Public Safety Committee recommended that the fee for
false alarms be established at $280 and be charged after the second
false alarm. Stalberger made a motion to approve RESOLUTION #1997-
43 titled RESOLUTION ESTABLISHING CHARGES, FEE AND PENALTIES
AUTHORIZED BY ORDINANCE #1997-13 AND ORDINANCE #1997-14 as
recommended by the Public Safety Committee. Gundersen seconded the
motion. All voted aye.
Berning made a motion to amend ORDINANCE #1997-13 as follows:
Section 3 Subdivision 1 will read "A public safety alarm system
that reports more than two (2) false alarms to the City in a twelve
month period. . .user fee."
Section 4 Subdivision 1 will read "one and one half percent (1
A
1/2). . . unpaid."
Section 4, Subdivision 2 will read "on or before November 15th .
. year."
Vetsch seconded the motion. All voted aye.
Berning made a motion to appoint Scott Nadeau as the citizen
representative on the Public Safety Committee. Olsen seconded the
motion. All voted aye.
Olsen made a motion authorizing the Fire Department to develop
specifications for a new fire rescue truck. Gundersen seconded the
motion. All voted aye.
Berning made a motion to adjourn at 11:59 PM. Gundersen
seconded the motion. All voted aye.
Mark Olsen, Mayor
Linda Houghton, City Clerk
7
ALBERTVILLE CITY COUNCIL
September 29. 1997
Albertville City Hall 6:30 PM
PRESENT: Mayor Mark Olsen, Councilmembers Patricia
Stalberger, Duane Berning, Robert Gundersen, and John Vetsch, and
City Administrator Garrison Hale
Mayor Olsen called the special meeting for the purpose of
reconsidering the installation of trails as part of the CSAH 37/19
Intersection Realignment Project.
Hale briefed the Council that as part of the original plans
the project included trails. One stumbling block to constructing
the trails was in the lack of adequate right-of-way for full width
trails.
The City Planner forwarded to the Council copies of pages from
the adopted trails. Trail requirements were ten foot width with
boulevard areas. Hale explained, as the highway plan exists today,
trails cannot conform to the approved trail plan.
Councilmembers discussed the various legs to the highway plan
with trails. After consideration, the members believed the
priority areas were from Kalland Drive (Westwind) to the
intersection of County Road 37 and 19; along County Road 37 from
the intersection of CSAH 37 & 19 to Lachman Avenue NE; and from
Lachman Avenue NE to Burlington Northern railroad tracks.
The Council considered right-of-way widths and could only
approve trails where sufficient right--of-way width existed. A
problem exists on the Savitski property (south side) and will not
be wide enough to install a trail.
Moved by Vetsch, supported by Berning, to authorize Wright
County to install trials along County Road 37 commencing at Kalenda
Avenue (on the west) and proceeding to the intersection of County
Road 37 & 19, and to install trail from Lachman Avenue NE along
County Road 37 (south side) terminating at the Burlington Northern
Railroad tracks or 60th Street staying in the legal right-of-way.
Further, to authorize trail to be installed from the intersection
of County Road 19 and 37 proceeding on. the south side of County
Road 37 to Lachman Avenue NE, conditioned upon the property owners
and the city executing an agreement for right-of-way sufficient in
width to accommodate a trail. All trails to be ten feet in width
or eight feet in width in the event the required right-of-way is
not available at a total project cost not to exceed $15,300 as
provided by Buffalo Bituminous to Wright County dated September 29,
1997. All voted aye.
1
Moved by Stalberger, supported by Olsen, to adjourn at 6:50
PM. All voted aye.
Mark Olsen, Mayor
Garri�-,on Hale, Deputy City Clerk
CITY OF ALBERTVILLE
BILLS TO BE PAID
October 6, 1997
Check No.
Vendor
Reason
Amount
11232
AirTouch Cellular
F. D. Cell Phone
5.66
11233
Alb. Fire Relief Assoc.
State Fire Aid
10,280.00
11234
Alb. Women's Softball
Donation
300.00
11235
Allina Medical Group
F. D. Physicals
629.00
11236
Arkulary, Robert
Refund Overpayment 39.20
11237
CompressAir & Equipment
Repairs
420.30
11238
Delta Dental
Group Insurance
112.65
11239
Don's Auto Service
Service
279.15
11240
Highland Banks
Federal Taxes
2,274.22
11241
Honey -Do Lawn Service
September Mowing
466.47
11242
Medica
Group Insurance
930.79
11243
Minnegasco
Monthly Service
39.01
11244
MN Copy Systems
Copier Use
104.23
11245
MN Dept. of Revenue
September Taxes
392.80
11246
MN State Treasurer
3rd Qtr Surcharge
2,265.10
11247
PERA Life Insurance
Payroll Deduction 12.00
11248
PERA
9/13 - 9/26
382.71
11249
Premier 94 Truck Service
Dump Truck
82.51
11250
PSG
October WWTF
7,782.59
11251
Radzwill & Couri
Legal Service
8,959.00
11252
Ross Industries
Fire Prevention
748.36
11253
Rutkowski, Michael
Beaver Trapping
100.00
11254
SEH, Inc.
Engineering
15,634.75
11255
Sprint
11256
St. Paul Pioneer Press
11257
USCM Midwest,
11258
Vetsch, John
11259
Weber Oil
11260
Widmer, Inc.
11261
Wr. Co. Journal -Press
11262
Wr. Co. Treasurer
11263
Wr. Co. Treasurer
11264
Wright Hennepin Electric
Telephone Service 342.40
Employment Ads
400.78
Payroll Deduction 92.00
Damage Deposit
100.00
Diesel Fuel
45.74
Final Payment
2,011.42
Employment Ads
294.36
October Police
5,246.88
Taxes/Assessment
1,979.12
Street Lights
22.22
Total $
62,775.42
"Ae
CITY OF ALBERTVILLE
FINANCIAL STATEMENT
August 28 - September 30, 1997
Beginning Cash Balance August 28, 1997 $283,148.21
INCOME (Aug. 28 - Sept.
30)
3.2 Licenses
10.00
Building Permits
90,454.26
Dog License
10.00
Donations - Voiture
400.00
Fines/Forfeits
76.00
Insurance Refund
2,570.00
Interest - August
354.02
Lease Payment
475.00
Loan Payment - Fraser
689.06
Park Dedication
4,300.00
Park Rent/Deposit
200.00
Piper Jaffrey Stlmt.
4.524.13
Planning Fees
650.00
Sewer/Storm Water
2,296.89
Title Search
20.00
Miscellaneous
67.15
TOTAL INCOME
107,096.51.
EXPENSES
Check Vs 11167 -11205
(Approved 9/8/97) 39,174.89
Check Vs 11210 - 11231
(Approved 9/22/97) 44,901.311.
Preapproved Checks 7,131.68
(List Attached)
TOTAL EXPENSES 91,207.88
Ending Cash Balance September 30, 1997 $299,036.84
CITY OF ALBERTVILLE
PREAUTHORIZED CHECKS ISSUED
August 30 - September 30, 1997
Check No.
Vendor
Reason
Amount
Payroll
Ending
08/29/97
Ck. #1958-1960
2,840.18
Payroll
Ending
9/12/97
Ck. #1961-1963
2,840.17
11208
PERA
8/31 - 9/12
352.73
11209
USCM
Midwest
Payroll Deduction
92.00
Elected
Officials Payroll Ending
9/30 (Checks 1964-1975)
1,006.60
TOTAL $
7,131.68
INVESTMENTS:
CD #9226 - Alb. Development Corp. matures 10/30/97 7,492.14
CD #300116 - AFD - matures 12/26.97 @ 4.6% 24,618.92
CD #22202 - matures 4/07/98 @ 6.12% 554,777.10
Dain Bosworth Investments (6/30/97) 1,335,127.17
TOTAL INVESTMENTS $1,922,015.33
Money Market Savings Acct. (8/31/97) $610,908.70
CITY or pa.DERTVITAN" S4
FOLLOW-UP SHE?
As of September 8, 1997
DATE ACTION TO BE TAKEN PERSON
05/96 WWTF Planning
Eng.
In Process
(July - September 1997)
08/96
CSAH 19/37 Intersection Realignment Project
Staff/
In Process
Cbxxlil
08/96
Water Tower Lot
Atty
09/96
STMA Ice Hockey Arena
Admin/
In Process
Atty
09/96
Cedar Creek Golf Course (Center Oaks)
Kenco/
In Process
Comm.
04/97
Frankfort Drainage - Greenhaven
Eng./
In Process
CxXil
07/97
Strategic Planning/Grant
Admin/
C=X it
07/97
Storm/Sewer Management Plan/Grant
Eng./
In Process
Oxrril
08/97
Andy Savitski - Drainage
Eng.
09/97
FEMA Disaster Relief Application
Admin.
In Process
09/97
1997 NE Sanitary Sewer & Water Main Extension
Admin.
Escrow Costs
09/97
Shared Road Maintenance Agreement
Admin.
In Process
(Otsego/St. Michael)
09/97
Transportation - Joint Road 70th Street
Qxncil
Improvement (Otsego)
09/97
Gravel Roads
Cbu]dl
In process
09/97
Fire Hall
1B Qm.
In Process
09/97
Street Construction Standards
Eng.
M E M a R A N D U M
DATE: October 1, 1997
TO: City Council
FROM: Council Committees & Staff
SUBJ: City Department Report - August 4th to October 6th
The following represents work assignments status/update:
City Clerk -Treasurer
- Personnel Applications
City Administrator/Zoning Officer
CSAH 37/19 Intersection Realignment Project Plans in final
process
Personnel - Maintenance Worker II/City Administrator scoring
Public Works & Parks
Park benches - Engraving remains.
Buildings - Winter prep
Equipment setup for winter
City Attorney
- CSAH 19/37 Intersection Realignment
Billboards
- Water tower lot title
City Engineer
WWTF Planning
CSAH 37/19 Intersection Realignment Project
- Greenhaven Drainage Project
- Developer Projects
City Planner
- Developer Projects
City Council
- CSAH 19/37 Project - final
- Golf Course - residential/golf course
- Personnel Committee - Finish screening for Maintenance Worker
II/City Administrator
- Joint Services & Transportation Committee - Otsego & St.
Michael joint issues
Public Safety Committee - Work on budget 1998 for Police, Fire
and Animal Control. Work on joint opportunities with
neighboring communities with preparation of "futures" cost
estimates that may be included in 1998 budget. Work on City
ordinances that may be required.
Fire Hall & Site
Joint Shared Road Agreement
Joint Powers Ice Arena Board - set up
.sd
CITY OF ALBERTVILLE
COUTNTY OF WRlGM
STATE OF MIN ESOTA
RESOLUTION #1997-44
RESOLUTION APPROVING CLASS B CAMBLIN+G LICENSE
FOR ALBERTVILLE JAYCEES
TO SELL PULL TABS AT THE ALBERTVILLE BAR
WHEREAS, the Albertville Jaycees have made application with
the Minnesota Charitable Gambling Control Board for the renewal of
its Class B (Raffles, Paddlewheels, Tipboards, Pulltabs) gambling
license; and
WHEREAS, the City of Albertville has an opportunity within
thirty (30) days from the receipt of the application to disallow
the gambling activity by filing a Notice of Disallowance within
thirty (30) days of said date.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Albertville specifically waives its thirty (30) day right to
serve notice of disallowance of said application and does, with
this resolution, hereby consent to said application.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 6th DAY
OF OCTOBER, 1997.
Mark S. Olsen, Mayor
ATTEST:
Linda Houghton, City Clerk
.5e
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF M INNESOTA
RESOLUTION #1997-45
A RESOLUTION ESTABLISHING THE ORDER OF COUNCIL
BUSINESS FOR THEIR MEETINGS
AS SPECIFIED BY THE COUNCIL AGENDA.
THIS RESOLUTION IS PRESCRIBED BY ORDINANCE
#1997-11 (AN ORDINANCE DEFINING THE REQUIREMENTS
AND PROCESSES THE CITY COUNCIL SHALL FOLLOW IN
CONDUCTING ITS MEETINGS AND COUNCIL BUSINESS)
WHEREAS, the City Council is desirous of establishing the
order of business for its meetings; and
WHEREAS, the City Council is interested in prescribing the
major function areas for the agenda.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Albertville, Wright County, Minnesota, determines the order of
Council business by agenda as follows:
1. CALL TO ORDER/ROLL CALL/ADOPT THE AGENDA
* 2.
MINUTES
* 3.
AUDITING CLAIMS
* 4.
CITIZENS FORUM
* 5.
* 6.
CONSENT AGENDA
SPECIAL ORDER (i.e. Public Hearings, Presentations, Etc.)
* 7.
DEPARTMENTS
8.
ADJOURNMENT
* NOTE: Items denoted by asterisk may be varied depending on
meeting type (Regular/Special/Emergency)
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 6th DAY
OF OCTOBER, 1997.
Mark S. Olsen, Mayor
ATTEST:
Linda Houghton, City Clerk
r
CITY OF ALBERTVILLE
COUNTY OF WRI(EN
STATE OF MINNESOTA
ORDINA14CE #1997-11
IN CONDUCTING ITS MEETINGS
AND COUNCIL BUSINESS
The City Council of the City of Albertville does ordain:
Section 1. AUTHORIZATION.
Pursuant to Minnesota Statutes and this ordinance, the City
Council is prescribing the processes to be used for the conduct of
its meetings and for passing ordinances and resolutions.
Section 2. TYPES OF MEETINGS.
The City Council shall conduct Regular, Special, Adjourned and
Emergency Meetings.
A) Meeting Information. The City Council shall annually at
its regular meeting in January of each year designate an official
newspaper; select one acting mayor; select an official
depository(s); review the Council's ordinance prescribing its
meetings, processes, ordinances and resolutions; renew all annual
appointments other than city personnel (handled at time of initial
appointment to city service); assign committee duties to members;
approve official bonds files with the city clerk; and city law
enforcement through the use of resolution(s).
B) Committee Establishment. The City Council shall have at
a minimum four standing City Council committees comprised of two
City Council members and the Council Member Alternate. Committees
established are for Finance, Personnel, Public Works and Public
Safety. This section also allows for the establishment of
additional committees on a temporary basis as may be required from
time to time, with membership including at least two City Council
members and other participants as determined by the City Council as
a whole.
Section 3. MEETING PROCESSES AND PROCEDURES.
The following prescribes the requirements for quorum and open
( meeting law.
A) Quorum. State law requires the presence of any three
members of a statutory city council.
B}
Open Meeting Law. All meetings of municipal and other
public bodies and any committee, sub -committee, board,
department or commission of the governing body are open
to the public.
C)
Citizen Participation. Anyone may attend council
meetings. Citizens cannot speak or otherwise participate
in any discussion unless the mayor or presiding officer
recognize them. The Council by motion may decide to hear
one or more speakers from the audience in the event the
mayor or presiding officer does not recognize them.
D)
Proper Notice. In compliance with state law (M.S.
471.705) the Council shall post notice three (3) days
before holding a special meeting and will post proper
notice at an official location in city hall as determined
by formal action (motion or resolution) of the council.
Section 4. PRESIDING OFFICER.
The mayor by statute serves as the presiding officer whenever
present. In the mayor's absence, the acting mayor serves, or in
the acting mayor's absence, the other members of the council may
elect one of their members to serve. Other public bodies,
committees, sub -committees, boards, departments, or commissions
shall have a president/chair and may have a vice president/vice
chair to serve as the presiding officer or as elected by the other
members to serve.
Section 5. MAINTAINING ORDER.
Although meetings must be open to the public, no person who is
noisy or unruly has a right to remain in the council chambers.
Subject to overrule by the council, board/commission or committee,
the mayor or presiding officer shall order removal from the room.
In the event the mayor or presiding officer fails to act, the
council, board/commission or committee should order the removal.
Section 6. RULES OF PROCEDURE.
Subdivision 1. Meetings. The City council shall conduct two
regular meetings per calendar month to be held on the first and
third Mondays at 7:00 o'clock p.m. in the City Hall Council
Chambers. Special meetings may be conducted as 'required by the
business at hand a month at a time and place determined by the call
for the meeting. Adjourned and Emergency Meetings follow the
requirement of the special meeting.
Subdivision 2. Agenda. The Council prescribes the order of
their business to be established for regular meetings by
resolution. Special, Adjourned, and Emergency Meetings are topic
specific as to purpose and shall be so stated on notice and
agenda(s).
Subdivision 3. Time Lines. The City Council is prescribing
that all matters scheduled for consideration at their regular
meetings shall be submitted to the City Clerk no later that five
(5) calendar days in advance of the actual meeting date (generally
the Wednesday prior to the Council meeting on the first and third
Mondays of a calendar month). Special, Adjourned and Emergency
Meetings shall be dependent on the nature of the meeting. Matters
submitted shall meet the posting and notice requirements and will
be received by the City Clerk.
Subdivision 4. Auditing Claims. Claims for payment shall
meet the time lines for regular meetings as contained in Section 6,
Subdivision 3 of this ordinance, with the exception of preapproved
claims such as utility bills, contract payments and so on.
Section 7. PARLIAMENTARY PROCEDURE.
All points not covered by this ordinance and statute shall be
guided by Roberts' Rules of Order.
Section 8. MOTION, RESOLUTION AND ORDINANCE.
A motion is a matter of parliamentary procedure and will be
sufficient for most simple administrative acts. Resolutions will
be used for any temporary routine or administrative nature.
Ordinances will generally be used for regulation or governance of
people or property and usually include a penalty for its violation
(i.e. police power), as well as provide for permanent rules for the
organization and operation of the council.
Section 9. REPEAL.
Upon adoption and publication of this ordinance, Ordinance
#1995-7 titled AN ORDINANCE DEFINING THE REQUIREMENTS AND PROCESSES
THE CITY COUNCIL SHALL FOLLOW IN CONDUCTING ITS MEETINGS AND IN
PASSING ORDINANCES AND RESOLUTIONS shall be replaced and repealed.
Section 10. EFFECTIVE,DATE OF ORDINANCE.
The effective date of this ordinance is upon publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 8th
DAY OF SEPTEMBER, 1997.
Mark S."Olsen, Mayor
ATT
i
Linda Hough on, Cit Clerk
CITY OF ALBERTVILLE
COUNTY OF WRI(M
STATE OF MIRE SOTA
RESOLUTION #1997-46
A RESOLUTION AMENDING
RESOLUTIONS #1997-1 AND #1997-22
(A RESOLUTION !MAKING APPOINTMENTS TO CERTAIN
OFFICES AND POSITIONS WITHIN THE CITY
OF ALBERTVILLE FOR THE YEAR 1997)
WHEREAS, the City Council is desirous of amending Resolution
#1997-1 and 1997-22 due to the fact that Ordinance #1997-11 adopted
September 8, 1997, titled AN ORDINANCE DEFINING THE REQUIREMENTS
AND PROCESSES THE CITY COUNCIL SHALL FOLLOW IN CONDUCTING ITS
MEETINGS AND COUNCIL BUSINESS and defined City Council committees
and membership; and
WHEREAS, the City Council is interested in realigning
appointments to conform with Ordinance #1997-11.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Albertville, Wright County, Minnesota, hereby amends
Resolution #1997-1 (A Resolution Making Appointments to Certain
Offices and Positions within the City of Albertville for the Year
1997) and Resolution #1997-22 (A Resolution Amending Resolution
#1997-1) by establishing the following offices and positions for
the remainder of the year 1997.
FINANCE COMMITTEE:
JOINT POWERS BOARD:
PERSONNEL COMMITTEE:
PUBLIC SAFETY:
Mark Olsen
Duane Berning
Alternate:
Robert Gundersen
Robert Gundersen
John Vetsch
Alternate:
Michael Potter
Mark Olsen
Patti Stalberger
Alternate:
Duane Berning
Robert Gundersen
Patti Stalberger
PUBLIC WORKS:
Patti Stalberger
John Vetsch
Alternate:
Robert Gunderson
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 6th DAY
OF OCTOBER, 1997.
Mark S. Olsen, Mayor
ATTEST:
Linda Houghton, City Clerk
CITY OF ALBERTVILLE
RESOLUTION NO. 1997-22
A RESOLUTION AMENDING RESOLUTION #1997-1
(A RESOLUTION MAKING APPOINTMENTS TO CERTAIN
OFFICES AND POSITIONS WITHIN THE
CITY OF ALBERTVILLE FOR THE YEAR 1997)
WHEREAS, the City Council is desirous of amending Resolution
#1997-1 due to the fact that there was a city council member
vacancy and replacement; and
WHEREAS, the City Council is interested in realigning
appointments to ensure an equitable balance of assignments between
committee members.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
Albertville, Wright County, Minnesota, hereby amends Resolution
#1997-1 (A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND
POSITIONS WITHIN THE CITY OF ALBERTVILLE FOR THE YEAR 1997) by
\ establishing the following offices and positions for the remainder
of the year 1997.
ECONOMIC DEVELOPMENT AUTHORITY: SEPARATE
RESOLUTION
FINANCE COMMITTEE: MIKE POTTER
JOHN VETSCH
ADMINISTRATOR
TREASURER
ALTERNATE:
ROBERT GUNDERSEN
PUBLIC WORKS COMMITTEE: PATTI STALBERGER
JOHN VETSCH
ADMINISTRATOR
ALTERNATE:
ROBERT GUNDERSEN
TRANSPORTATION COMMITTEE: DUANE BERN I NG
ROBERT GUNDERSEN
ALTERNATE:
PATTI STALBERGER
PASSED BY THE CITY COUNCIL THIS 1st
At;da
t
t
!2L�
i Houghton, Cit T
erk
DAY OF APRIL, 1997.
-Mark S. Olken, ayor
CITY OF AL NUtTVILLE
jtE!lOLUTIOK #1"7-1
OrFICES AND POSITIONS
WITHIN THE CITY Oir ALMWMILLE FOR THE YEAR 1997
WHEREAS, it has been the policy of the Albertville City
Council to make annual appointments to fill certain offices and
positions within the City government at the beginning of each year.
NOW, 'THEREFORE, BE IT RESOLVED by the City Council of
Albertville, Wright County, Minnesota, establishes the following:
1. That -the following person are appointed to the following
offices and positions for the year 1997:
ACTING MAYOR:
DUANE BERNING
PLANNING COMI«SION: CITIZEN MEMBER
LIAISOR/MEMBER (Council reserves ALTERNATE:
the option to fill next vacancy). DUANE BERNING
ASSISTANT WEED INSPECTOR:
CITY ATTORNEY:
CITY ENGINEER
FINANCIAL ADVISOR:
PLA11NER :
TAX INL I UM ENT CONSULTANTS:
BOND COUNSEL:
CIVIL DEFIMSE DIRECTOR:
JOHN VETSCH
PUBLIC WORKS EMPLOYEE
RADZWILL & COURI
SHORT, ELLIOT &
HENDRICKSON, INC.
SPRINGSTED, INC.
NORTHWEST ASSOCIATED
CONSULTANTS
BRIGGS & MORGAN
KENNEDY & GRAVEN
BRIGGS & MORGAN
MONTICELLO ANIMAL
CONTROL
SCOTT BLACK
FIRE RELIEF ASSOCIATI01ff MAYOR
REPRESENTATIVES CITY CLERK
FIRE DEPT. REPRESENTATIVE:
MAYOR
(WaSsm '' = AUTHORITY:
JOHN VETSCH
HOWARD LARSON
ALTERNATE:
MARK OLSEN
F-C-0110111C DEVELOPMENT
CURT MUYRES
AUTHORITY:
MARK OLSEN
PATRICIA STALBERGER
JOINT p0VM BORAD
MIKE POTTER
RB3E'll'1'�1'1'IVE3:
JOHN VETSCH
ALTERNATE:
MARK OLSEN
FIRMWE COMI ia'
DUANE BERNING
CURT MUYRES
CITY ADMINISTRATOR
ALTERNATE:
MARK OLSEN
PUBLIC WORM COMI ;:
MARK OLSEN
JOHN VETSCH
CITY ADMINISTRATOR
ALTERNATE:
PATRICIA STALBERGER
PERSOINIEL CXMITTEE:
MARK OLSEN
PATRICIA STALBERGER
CITY ADMINISTRATOR
ALTERNATE:
DUANE BERNING
TRMTWORTATION COMI
CURT,MUYRES
MARK OLSEN
ALTERNATES:
DUANE BERNING
PATRICIA STALBERGER
001F COURSE COMITTEE:
PATRICIA STALBERGER
JOHN VETSCH
CMIF (WOUP :
OFFICIAL NEWSPAPER:
OFFICIAL DEPOSITORIES:
RULES OF PROCEDURE:
JANET BERNING
ELAINE ENGSTROM
ANDREA EULL
MICHAEL POTTER
DONATUS VETSCH
KIM WALSH
CROW RIVER NEWS
HIGHLAND BANK
DAIN BOSWORTH
LMC 4M FUND
SECURITY STATE BANK
OF MAPLE LAKE
STATE BANK OF ROGERS
DR. DAVID EHLENZ,
BUFFALO SPECIALTY CARE
ROBERT' S RULE OF ORDER
(AS A GUIDE)
ACTING MAYOR
2. City Staff (Employees) and/or City Consultants (Planner,
Attorney, Engineer and others) will attend the boards,
commissions and committees as directed by the City Council
and/or boards, commissions and committees. Staff who are
directed to attend meetings will be compensated based on the
City's personnel policies and/or contractual agreements.
Staff who are not directed to attend will not be compensated
for their attendance.
3. Change City Council regular meeting dates conflicting with
legal holiday as follows:
Labor Day - Monday, September 1, 1996, to Monday, September
8, 1996 at 7:00 PM.
4. That such appointments shall take effect on the date hereof
and shall continue for the remainder of the year or until such
time as a successor is appointed by the City Council.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALB TVILLE THIS 6th
DAY OF JANUARY, 1997.
/17) Mark Olse , Mayor
Linda Houghton, CitY�fClerk
CITY OF ALBERTVILLE
RESOLuT I Off? # 1997 -48
WHEREAS, the City Council of the City of Albertville has
approved a Response to Comments and Findings of Fact on the Center
Oaks Environmental Assessment Worksheet. (EAW); and
WHEREAS, the City Council has found the following:
(1) The proposed development conforms to current comprehensive
plans.
(2) Environmental impacts are consistent with developments of this
type.
(3) Mitigation measures will be incorporated into the construction
process.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
Albertville, Wright County, Minnesota, finds that an Environmental
Impact Statement (EIS) is not required for the Center Oaks Project.
FURTHER, BE IT RESOLVED, the City of Albertville makes a
Negative Declaration.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 6th DAY
OF OCTOBER, 1997.
Mark S. Olsen, Mayor
ATTEST:
Linda Houghton, City Clerk
SA
CITY OF ALBERTVILLE
RESOLUTION #1997-50
WHEREAS, the City Council of the City of Albertville is
desirous of establishing a performance appraisal policy; and
WHEREAS, the Albertville City Council is interested in
determining the parameters for a performance appraisal polity named
"Performance Appraisal" policy for the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
Albertville, Wright County, Minnesota, orders the addition of this
policy to the Personnel Policy of the City as amended May 2, 1994,
with the following additions and rescinds Resolution #1995-58
(Establishment of a Performance Appraisal Policy) and replaces it
with this resolution.
PERFORMANCE APPRAISALS
POLICY:
It is the policy of the City of Albertville that the job
performance of each employee shall be evaluated annually (once per
calendar year) by the employee's department head, the city
administrator and Personnel Committee.
COMMENT:
(1) The performance appraisal consists of a written evaluation of
the employee's performance by the department head's. the city
administrator's and Personnel Committee's recommendations, and
if necessary, an action plan for both the employee and
department head with performance goals for the next evaluation
period. Information derived from the performance appraisal
will be used to identify the employee's eligibility for pay
increases, promotion or transfer.
(2) Performance appraisals shall be completed upon the following
occasions:
(a) At the completion of three and six months of employment;
(b) Every calendar year of employment during June;
(c) When the employee is transferred or promoted to a
different job;
(d) Whenever appropriate (i.e. each time the employee
performs exceptionally well or poorly).
(3) The job performance of each employee shall be evaluated by
objectives and goals, knowledge of the job, quantity and
quality of work, promptness in completing assignments,
cooperation, initiative, reliability, attendance, judgment,
and acceptance of responsibility, as specified in the
standardized performance appraisal forms approved by the City
Council.
(4) After the written evaluation has been reviewed by the city
administrator and the department head, there will be a meeting
with the Personnel Committee to discuss the evaluation, assess
the employee's strength and weaknesses, and set objectives and
goals for the period ahead. The employee shall be given the
opportunity to examine the written evaluation and make written
comments about any aspect of it., The employee, department
head, city administrator, and Personnel Committee shall sign
and date the evaluation and forward it for inclusion in the
employee's personnel file.
(5) If the written evaluation contains unfavorable comments or
ratings which the employee believes need further consideration
and the matter has not been resolved to the employee's
satisfaction during the discussion with the department head,
city administrator, and Personnel Committee, the employee may
review the matter with the City Council as required.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 6TH DAY
OF OCTOBER, 1997.
Mark S. Olsen, Mayor
ATTEST:
Linda Houghton, City Clerk
nAV
CITY OF ALBERTVILLE
NOTICE OF PUBLIC HEARING ON A HOUSING PROGRAM AND
ISSUANCE OF REVENUE BONDS TO FINANCE A HOUSING PROGRAM
UNDER MINNESOTA STATUTES, CHAPTER 462C FOR THE ACQUISITION
AND CONSTRUCTION OF A SENIOR HOUSING FACILITY
NOTICE IS HEREBY GIVEN that the Albertville City Council (the "Council") will hold
a public hearing on Monday, October 6, 1997 at or after 7:00 p.m. at City Hall in the City of
Albertville, Minnesota, to consider a housing program for the issuance of revenue bonds under
Minnesota Statutes, Chapter 462C, as amended, to finance a housing development in the City (the
"Program"). At the public hearing., the Council will consider adoption of a resolution approving
the Program and giving preliminay approval to the issuance of revenue bonds under the Program.
The aggregate face amount of revenue bonds proposed to be issued to finance the Program is
presently estimated not to exceed ,$4,000,000.
The project proposed to be financed under the Program consists of the acquisition and
construction of a 44-unit residential rental facility for senior citizens south of 57th Street NE,
between Kalland Avenue and Wright County Highway No. 19, in the City, to be initially owned
and operated by Zedakah Foundation, a Minnesota nonprofit corporation. The revenue bonds will
be issued by the City of Albertville and will be limited obligations of the City payable solely
from the revenues pledged to the payment thereof, and will not be a general obligation of or be
secured by the taxing power of the City of Albertville.
A copy of the proposed Housing Program is on file in City Hall. Anyone desiring to be
heard during the public hearing will be afforded an opportunity to do so.
Dated: [date of publication]
BMB129603
AL141-25
CITY OF ALBERTVILLE, MINNESOTA
PROGRAM FOR A
MULTIFAMILY ]HOUSING DEVELOPMENT
Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Albertville,
Minnesota (the "City") is authorized to develop and administer programs to finance the
acquisition and rehabilitation of multifamily housing developments under the circumstances and
within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that
such programs for multifamily housing developments may i)e financed by revenue bonds issued
by the City.
The City has received a proposal that it approve a program providing for the acquisition
and construction of a 44-unit residential rental facility for senior citizens south of 57th Street NE,
between Kalland Avenue and Wright County Highway No. 19, in the City, by Zedakah
Foundation, a Minnesota nonprofit corporation (the "Owner"). The acquisition and construction
of the Project is to be funded through the issuance of up to $4,000,000 in revenue bonds to be
issued by the City (the "Bonds"). The Owner will own and operate the Project as a senior
residential rental project. It is expected that 40 percent of the Housing Units will be rented to
persons with 60 percent or less of the median area income. It is estimated that rents for the
Housing Units will range from $___ per month to $ .- per month.
The City, in establishing this multifamily housing program (the "Program"), has
considered the information contained in the City's comprehensive plan. The Project will be
acquired and rehabilitated in accordance with the requirements of Subdivisions 1 and 2 of Section
462C.05 of the Act.
Section A. Definitions. The following terms used in this Program shall have the
following meanings, respectively:
"Act" shall mean Minnesota Statutes, Section 462C.01, et seq., as currently in
effect and as the same may be from time to time amended.
"Bonds" shall mean the revenue bonds to be issued by the City.
"City" shall mean the City of Albertville, Minnesota.
"Housing Unit" shall meaii any one of the apartment units, each located in the
Project, occupied by one person or family, and containing complete living facilities.
"Land" shall mean the real property upon which the Project is situated.
"Owner" shall mean Zedak:ah Foundation, a Minnesota nonprofit corporation.
"Program" shall mean this program for the financing of the Project pursuant to the
Act.
BMB129662
AL141-25 1
"Project" shall mean the residential rental housing development consisting of
approximately 44 one -bedroom Housing Units, to be acquired and constructed by the
Owner.
Section B. Program For Financing the Project:. It is proposed that the City establish this
Program to provide financing for acquisition and construction of the Project at a cost and upon
such other terms and conditions as are set forth herein and as may be agreed upon in writing
between the City, the initial purchaser of the Bonds and the Owner. The City expects to issue
the Bonds as soon as the terms of the Bonds have been agreed upon by the City, the Owner and
the initial purchaser of the Bonds. The proceeds of the Bonds will be loaned to the Owner to
finance the acquisition of the Land and the construction of the Project, to fund required reserves
and to pay the costs of issuing the Bonds. It is expected that a trustee will be appointed by the
City to monitor the construction of the Project and the payment of principal and interest on the
Bonds.
It is anticipated that the Bonds will have a maturity of approximately thirty (30) years and
will bear interest at a variable rage or at fixed rates consistent with the market at the time of
issuance.
The City will hire no additional staff for the administration of the Program. Insofar as
the City will be contracting with, underwriters, legal counsel, bond counsel, the trustee, and
others, all of whom will be reimbursed from bond proceeds and revenues generated by the
Program, no administrative costs will be paid from the City's budget with respect to this
Program. The Bonds will not be general obligation bonds of the City, but are to be paid only
from properties pledged to the payment: thereof, which may include additional security such as
additional collateral, insurance or a letter of credit.
Section C. Local Contributions To TIhe Program. The City is providing approximately
tax increment assistance with an estimated present value of-S390,000 to the Project. The tax
increment proceeds will be used primarily for land acquisition and site improvements. The
Owner has not requested any other local contributions to the Program with respect to the Project.
Section D. Standards and Requirements Relating to the Financing of the Project Pursuant
to the Program. The following standards and requirements shall apply with respect to the
operation of the Project by the Owner pursuant to this Program:
(1) Substantially all of the proceeds of the sale of the Bonds will be applied
to the acquisition and construction of the :Project and to the funding of appropriate
reserves. The proceeds will be made available to the Owner pursuant to the terms of the
Bond offering, which will, include certain covenants to be made by the Owner to the City
regarding the use of proceeds and the character and use of the Project.
(2) The Owner, and any subsequent owner of the Project, will not arbitrarily
reject an application frorn a proposed tenant because of race, color, creed, religion,
national origin, sex, marital status, or status with regard to public assistance or disability.
BNB129662
AL141-25
2
(3) The Project is designed primarily for rental to elderly persons. Thus,
Section 462C.05, Subdivision 5 of the Act provides that the limitations set forth in
Section 462C.05, Subdivision 2 of the Act are not applicable. Nevertheless, it is expected
that at least forty percent (4091%) of the Housing Units will be held for occupancy by
families or individuals with gross income not in excess of sixty percent (60%) of median
family income, adjusted for family size. This set aside would satisfy the low-income
occupancy requirements of Section 462C.05, Subdivision 2 of the Act, if they were
applicable.
(4) The Project is designed to be affordable by persons and families with
Adjusted Gross Income not in excess of the greater of (a) 110 percent of the median
family income as estimated by the United States Department of Housing and Urban
Development for Hennepin. County, or (b) 100 percent of the income limits established
by the Minnesota Housing Finance Agency for the City and by other persons and families
to the extent determined to be necessary by the City in furtherance of the policy of
economic integration.
Subsection E. Evidence of` Compliance. The City may require from the Owner at or
before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of
the Owner to complete the construction of the Project, and evidence satisfactory to the City of
compliance with the standards and requirements for the making of the financing established by
the City, as set forth herein; and in connection therewith, the City or its representatives may
inspect the relevant books and records of the Owner in order to confirm such ability, intention
and compliance. In addition, the City may periodically require certification from either the
Owner or such other person deemed necessary conceniing compliance with various aspects of this
Program.
Subsection F. Issuance of Bonds. To finance the Program authorized by this Section the
City may by resolution authorize, issue and sell it:, revenue bonds in an aggregate principal
amount of approximately $4,000,000. The Bonds shall be issued pursuant to Section 462C.07,
Subdivision 1 of the Act, and shall be payable primarily from the revenues of the Program
authorized by this Section. The costs of the Project, including costs of issuance of the Bonds and
required reserve funds, are presently expected to be approximately $4,000,000. The costs of the
Project may change between the date of preparation of this program and the date of issuance of
the Bonds. The Bonds are expected to be issued in October, 1997.
Subsection G. Severability. The provisions of this Program are severable and if any of
its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute,
exceeding the authority of the City or otherwise illegal or inoperative by any court of competent
jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
Subsection H. Amendment. The City shall not amend this Program, while Bonds
authorized hereby are outstanding, to the detriment of the holders of such Bonds.
Subsection I. State Ceiling. None of the state ceiling for private activity bonds, pursuant
to Section 146 of the Internal Revenue Code of 1986, as amended, and Chapter 474A of
Minnesota Statutes, will be applied for with respect to the Bonds.
BMB129662
AL141-25 3
CITY OF ALBERTVILLE, MINNESOTA 6
RESOLUTION NO.. 97-51
A RESOLUTION ADOPTING A PROGRAM
FOR THE ISSUANCE OF' HOUSING
DEVELOPMENT REVENUE BONDS
WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, the Cit-, of Albertville,
Minnesota (the "City") is authorized to undertake housing projects and to issue its revenue bonds
to finance such projects; and
'W'HEREAS, the City has prepared a Financing Program (the "Program"), a copy of which
is attached hereto as Exhibit A, providing for the acquisition and construction of a 44-unit
residential rental facility for senior citizens (the "Project"} south of 57th Street I ,between
Kalland Avenue and Wright County Highway No. 19, in the City; and
WHEREAS, the City on the date hereof has conducted a public hearing on the Program,
notice of which hearing (a copy of which is attached hereto as Exhibit P) was published as
required by Chapter 462C and by Section 147(t) of the Internal Revenue Code; and
WHEREAS, Zedakah Foundation, a Minnesotan nonprofit corporation (the "Owner") will
own and operate the Project, and the City shall provide financing for the acquisition and
construction thereof through the issuance of up to approximately $4,000,000 in housing
development revenue bonds of the City secured by the Project in accordance with Minnesota
Statutes, Chapter 462C;
that:
IgOW, THEREFORE, BE IT RESOLVED by the City Council of the City of AlbertAlle
L The Program is hereby adopted in all respects.
;?. The staff of the City is hereby authorized to do all things and take all actions as
may be necessary or appropriate to carry out the Program' accordance tivith Minnesota Statutes,
Chapter 462C and any other applicable laws and regulations.
3. The Project and the financing thereof through the issuance of housing development
bonds by the City in an amount up to approximately $4,000,000 ,pursuant to the Program is
hereby given preliminary approval by the City, subject to a final determination by the City that
such issuance is in the best interest of the City, and the adoption of this resolution shall not be
deemed to obligate the City to issue such bonds. In all events, it is understood, however, that
the bonds shall not constitute a charge, lien or encumbrance legal or equitable upon any property
of the City except the City's interest in the Loan Agreement with the Owner and the Project, and
the bonds, when, as, and if issued. shall recite in substance that the bonds, including interest
thereon, are payable solely from the revenues received from the Project and property pledged to
the payment thereof, and shall not constitute a debt of the City.
V-313o935
AL'.41-25
E/Z 30vd OtE6GEEZIS:0I N31NVND V Aa2NNaN:W0N1 61'0t G6-t0-100
4. The Owner may incur expenditures on the Project prior to the issuance of the
bonds therefor, and such expenditures may"be reimbursed from proceeds of the bonds, when
issued. This resolution shall constitute an official intent" to reimburse such expenditures for
purposes of Treasury Regulations, Sections 1.103-ST(a)(5) and 1.150-2.
The question was on adoption of the resolution and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
WHEREUPON SAID RESOLU'l'10N WAS DECLARED DULY PASSED AND ADOPTED
TIES 6th DAY OF OCTOBER, 1997.
Mayor
ATTEST_
City er -Treasurer
(SEAL)
H�13Q9SS
�L,�41-24
E/E 30ttd 01E6GEEZI9'QI N3AV80 V A03NNHM:WOHA 6I'0t G6-t0-100
William S. Radzwill
Andrew J. MacArthur
Michael C. Couri
Afegan M McDonald
August 19, 1997
RADZWILL & CO URI
Anorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
Otsego City Council Public Works Subcommittee
c/o Elaine Beatty, City Clerk
8899 Nashua Avenue NE
Elk River, MN 55330
RE: Proposed Agreement For Sharing Road Expenses- City of Otsego
and City of Albertville
Dear Subcommittee Members:
Enclosed for your review please find a draft Agreement For Sharing
Road Expenses which has been revised as per comments from the City
Council after the original agreement, prepared by the City
Engineer, was presented to the Council. I have also provided a copy
to Vern Heidner.
Could you please review and comment on this Agreement so that it
can be presented to the City Council as soon as possible.
Gary Hale, the Albertville City Administrator, has contacted me and
inquired about the status of the Agreement. The Albertville City
Council is apparently anxious to get a written agreement in place.
The City Engineer, Kevin Kielb, will provide an Exhibit A for
attachment to the Agreement.
If you have any questions please feel free to contact me.
Very --truly yours,
; Andrew J. MacArthur
RADZWILL & COURI
Enc1.
cc: Kevin Kielb, Hakanson Anderson
DRAFT 2- 8/19/97
AGREEMENT FOR SHARING ROAD EXPENSES
CITIES OF OTSEGO AND ALBERTVILLE
WHEREAS, the City of Otsego and the City of Albertville have
certain shared streets located along the boundaries of the
respective jurisdictions; and
WHEREAS, the two cities desire to set forth in writing their
agreement as to responsibilities for maintenance and sharing of
expenses for said shared streets; and
WHEREAS, the shared! streets which are the subject of this Agreement
are as follows:
1. 70th Street (CSAH 19 to Kadler Avenue)- bituminous paved,
designed to 1.0 ton capacity with 12 foot lanes and 4 foot
paved shoulders
2. 70th Street (CSAH 19 to MacIver Avenue) - gravel surfaced
with approximately 21 feet of driving surface
3. MacIver Avenue (70th Street to 62nd Street)- gravel
surfaced with approximately 24 feet of driving surface.
4. Kadler-Avenue (70th Street to dead end)- gravel surfaced
with approximately 20 feet of driving surface with limited
turn around
5. Kadler Avenue (CSAH 37 North to I-94) - gravel surfaced with
approximately 15 feet of driving surface.
6. Kadler Avenue (CSAH 37 to 60th Street)- gravel surfaced
with approximately 21 feet of driving surface.
NOW THEREFORE the City of Otsego and the City of Albertville
agree as follows:
1. The maintenance to be completed by the municipalities as
assigned in this Agreement is defined as follows: the care and
upkeep of the existing roadway so as to provide a durable all
weather transportation route, including the following: motor patrol
blading, dust control, gravel overlay, crack sealing, seal coating,
periodic replacement of culverts, mowing, signage and replacement
of signage.
a. On gravel roads, regular maintenance includes grading the
road periodically with a motor patrol grader, during the frost
free season. Grading will occur once a week during the summer
unless it is determined by the party responsible for
maintenance, and at their sole discretion, that less frequent
grading is necessary.
b. Gravel road maintenance also includes adding sDepending el to
the surface approximately every four
on
traffic volumes and weather and soil conditions, additional
spot gravel may be needed from time to time. The frequency
yaof
adding gravel to the surface shall be at the sole judgment
nd
discretion of the City responsible for maintenance.
c. During the snow season regular maintenance shall include
plowing the designated streets after
each twoinch
h or drifting
re
snow event, or more frequently
conditions. maintained by crack
d. Bituminous surfaced streetsrack sealing shall be
sealing and seal coating periodi will be
performed on average every two ears. Seal coating
done on average every five to seven years. Streets that are
striped for traffic lanes will be re -striped after seal
coating and when markings cannot be clearly distinguished by
motorists.
e regular
reet
2. The City of Otsego agrees uton the roadsrovide hlisted abovewith
maintenance as set forth aboveP perform the
equipment and operators sufficiently skilled to
necessary maintenance.
3. The City of Albertville agrees to compensate the City divides the costs Otsego
for said services at a rate which equally
ch
maintenance, including one half the cost of all materials and one
half of all reasonable char-g c for time and equipment tion of equipment) provided by the
fuel costs and costs for deprecia
City of Otsego, at those rates b COTesolution ained tofu the sAgreement,
Otsego City
subject to yearly adjustmenty
Council.
4. Maintenance concerns on these shared roads will be directedto
the City of Otsego which shall respond to concerns raised using
he
normal criteria for priority of response used throughout the City.
5. Otsego shall provide two years in advance its proposed
maintenance program for such items as seal coating, crack sealing,
culvert replacement, and graveling.
ffic
6. The City of Otsego will maintain t dnformaintenance in
install
signs along the shared roads desi gn
Agreement. New signs, if needed, will be installed at cost plus the
reasonable hourly cost for time and equipment as set forth above,
these costs will be shared equally.
7. Grass and weds will be cut at least once per year on the
inslopes of the designated roathe OtsegoAditional mowinwill be done Mai tenant e d partment,as
needed, at the discretion of
8. All costs related to
drafting of the Agreement
shared equally.
administration of this Agreement and
and any addendums to the same shall be
9. In the event that there is a dispute regarding the terms and
conditions of this Agreement the following process shall be
followed: the dispute shall be first submitted to the standing
Public Works Subcommittees of each City at a joint meeting. If no
resolution is reached at such a of both Cs.tiesnwhichematter may be referred
to the City Councils can either r resolve the
o arbitrate
matter or agree upon a neutral third
to resolution of party hetdispute t
shall be
he
dispute. All costs
shared equally between the Cities.
10. This Agreement may be dissolved by either party hereto with six
months notice to the other party in the form of a resolution passed
by a majority of the City Council delivered to the other party.
Dissolution of this Agreement shall :not relieve either party from
any financial obligation incurred because of the Agreement.
11. If any portion of this Agreement is held to be invalid by a
Court of competent jurisdiction the invalidity of that portion or
portions shall not effect the validity of the other terms and
conditions of this Agreement.
ADOPTED by the Otsego City Council on this day of
1997.
IN FAVOR:
OPPOSED:
ADOPTED by the Albertville City Council on this day of
1997.
IN FAVOR:
OPPOSED:
CITY OF OTSEGO:
MAYOR
CITY CLERK
CITY OF ALBERTVILLE:
MAYOR
CITY CLERK
Exhibit A
Maintenance Needs List for Shared Streets Between Otsego and Albertville
COST SPLIT
O•tseao I -V g
1997
Kadler Avenue (60th Street to 1-94) .......... $1,134.46 ... $1,134.46
-2" Gravel Overlay. Cost is based upon
Otsego forces hauling and placing material
Material
- 598 Ton @ $1.79/Ton
- 12 Tandem Hours @ $42/Hour
- 7.5 Tandem & Trailer Hours @ $52/Hour
- 3.5 Motor Grader Hours @ $75/Hour
70th Street (CSAH19 to Kadler Avenue) ....... $3,465.00 ... $3,465.00
- Crack Sealing (10,500 lbs. @ $0.66/lb)
Kadler Avenue (CSAH39 to 60th Street) ......... .. $434.28 .... $434.28
- Dust Control (Magnesium Chloride)
TOTAL 1997 COSTS .................... $ 5,033.74 ... $ 5,033.74
1998y( stimated Costsl
70th Street (CSAH 19 to Kadler Avenue) ... • • •
.. $4,263 ..... $4,263
- Seal Coating
Maclver Avenue (70th Street to 67th Street) ........ .. $273 ...... $273
- Dust Control (Magnesium Chloride)
Maclver Avenue (67th Street to South end) .. • • • •
$597 ...... $597
- Dust Control (Magnesium Chloride)
TOTAL ESTIMATED 1998 COSTS .......,...... $5133..... $5133
Maclver Avenue (70th Street to 67th Street) .......
$1,260 $1,260
- Gravel (2" lift, 420 tons @ $6/ton)
Maclver Avenue (67th Street to South end) ... • •
. $2,757 ..... $2,757
- Gravel (2" lift, 919 tons @ $6/ton)
1
70th Street (CSAH19 to Maclver Avenue) ...... • .. $917 ...... $917
- Dust Control (Magnesium Chloride) . .
TOTAL ESTIMATED 1999 COSTS ............... $4939 ..... $4934
COST SPLIT
QIAlbertville
70th Street (CSAH19 to Maclver Avenue) ........ $4,238 ..... $4,238
- Gravel (2" lift, 1,212 tons @$6/ton)
Maclver Avenue (70th Street to 67th Street) ........ $273 ...... $273
- Dust Control (Magnesium Chloride)
Maclver Avenue (67th Street to South. end) ........ $597 • ..... $597
- Dust Control (Magnesium Chloride)
TOTAL ESTIMATED 2000 COSTS .., ....... $ 5108 ..... $ 5108
2001 f Estin�atPd Gostsl
70th Street (CSAH19 to Maclver Avenue) ......... $917 ...... $917
- Dust Control (Magnesium Chloride)
TOTAL ESTIMATED 2001 COSTS .. .
Kadler Avenue (CSAH37 to 6.Oth Street) .......... $2,127 ..... $2,127
- Gravel (2" lift, 709 tons @ $6/ton)
Kadler Avenue (70th Street to 1-94) ... • • • • • • • $893 ' ' ' ' ' ' $893
- Gravel (2" lift, 298 tons @ $6/ton)
Maclver Avenue (70th Street to 67th Street) ........ $273 ...... $273
- Dust Control (Magnesium Chloride)
Maclver Avenue (67th Street to South. end) ........ $597 • • • • .. $597
- Dust Control (Magnesium Chloride) '
TOTAL ESTIMATED 2002 COSTS $3890 ..... $3890
ot910.exa
2
CSAH 19/37 INTERSECTION REMIGMENT PROJECT
Revenues/Expenditures from 1995 to Date
REVENUES
Bond Proceeds $396,000
* Excess TIP Funds 60,000
Transfer from Debt Service 100,000
TOTAL REVENUE $556,000
ACTUAL EXPENDITURES
Engineering Expenses $ 10,596
Legal Expenses 41,255
Planner Expenses 2,052
Other Professional Services 25,782
(Financial, Appraisal,
Condemnation Hearings)
Arens
366
Barthel
Parcel
25
13,450
Barthel
Parcel
26
3,725
** DJ's
Parcel
36
10,370
Marx
Parcel
24
15,350
*** Peterson
44,332
Pilot
Parcel
20
2,600
Pilot
Parcel
21
11,000
Roden
Parcel
22
3,900
** Savi tskiParcel
34
10,470
** SavitskiParcel
35
21,850
**** Vinge
(Land)
19,645
Property Acquisition Costs 157,058
TOTAL EXPENSES $236,743
FUND BALANCE AS OF 9125/97 $319,257
ESTIMATED ADDITIONAL EXPENSES
Estimated City Construction Costs $200,000
Wright County Engineering Contract 25,000
*** Balance Due to Peterson 28,537
**** Balance Due to Vinge 76,427
TOTAL ESTIMATED ADDITIONAL EXPENSES $329,964
SURPLUS/(DEFICIT) ($10,707)
*'s - See Notes on attached sheet
NOTES
* The City
was aware that additional costs could
be added
due to
property acquisition costs.
In preparation
$100,000
was held in reserve if needed
($60,000
from TIF
funds returned from the County and an additional
$40, 000
in the Closed Capital Projects Fund).
There is a current
balance
of $185,000+/- in the Closed
Capital
Projects
Fund.
** These properties are not completely settled. The Ci ty
may be required to pay additional amounts on these
parcels by the Condemnation Committee.
*** The City' appraisal of the Peterson property was $44, 332.
This amount was paid to Wright County. Peterson opted to
appeal the condemnation and the case was heard by three
members of a Condemnation Committee. The Committee
decided the property was valued at $72,868.72 and
directed the City to pay an additional $28,537 for the
property. Peterson still has the right to appeal the
Condemnation Committee's ruling if she chooses. If the
ruling is against the City, the City may have to pay even
more.
**** The $19, 645 listed as Vinge Property Acquisition was paid
to Donald Barthel for purchasing land to be added to the
Vinge property as agreed upon in the settlement. The
total cost of the Vinge property settlement is estimated
at $96,072. The City therefore still must pay an
estimated $76,427 toward that settlement. A more
accurate figure should be available by mid -October when
most of the work on the Vinge property is completed.
OCT-01-1997 14:16 NAC
612-2 5951 9r P.O2.
CITY OF ALBERTVILLE
10-1-97
City Council
Findings of Fact
& Decision
Applicant's Name: Cedar Creek Golf Course Planned Unit Development. Kenco & Pilot
Development
Request: Approval of a conceptual master plan inclusive of an 18-hole golf course, single
family and two-famiiy housing. A Planned Unit Development designation is desired
to allow flexibility in the street design, some lot sizes, lot widths, and front yard
setbacks. Rezoning of the property from R-1 A to Planned Unit Development will be
required but this will be attained at a later date.
City Council Meeting Date: 6 October 1997
Findings of Fact: Based on review of the application and evidence received the City Council
now makes the following findings of fact and decision:
The legal description of the subject property is as follows: (see attached)
2. The NAC memorandums dated 10 and 29 July 1997, the SEH memorandum dated 12
August 1997, and the memorandum dated 6 August 1997 and development agreement,
bath prepared by Mike Couri are incorporated herein.
3. The requirements of Section 2700 (Planned Unit Development) of the City Zoning
Ordinance have been met.
4. On 12 August 1997 the Albertville Planning Commission conducted a public hearing to
consider the applicant's request, preceded by a published and mailed notice. Upon review
of the application and evidence received, the Planning Commission closed the public
hearing and recommended that the City Council approve the project_
Decision: Based on the foregoing considerations and applicable ordinances, the applicant's
request for conceptual master plan approval has been approved based on the most current
plans and information received to date, subject to the following conditions:
1. A public hearing for rezoning of the subject property from R-1 A, Low Density Single Family
to Planned Unit Development is scheduled and the requested rezoning is approved by the
City council.
2. All grading, drainage, utility, and wetland mitigation issues are approved by the City
Engineer.
OCT-01-1997 14:17 NAC
612 595 9e37 P.03/04
3. The lots located on the south side of Winter Park shall be reconfigured slightly to provide
added space for trail access where they lie in close proximity to the wetland and to ensure
trail use during wet seasons/years.
4. A revised master plan is submitted as part of the planned Unit Development's
Development Stage which incorporates all items addressed herein and within the
development agreement. This plan will serve as the guide for all future Final Stage
development.
Adopted by the Albertville City Council this Cth day of October 1997.
Attest:
City of Albertville
Mark Olsen, Mayor
Linda Houghton, City Clerk
pc: Don Jensen, Gary Hale, Linda Houghton, Mike Couri, Pete Carlson
Cedar Creek Golf Course CC FOF - Page 2
al
CEDAR CREEK GOLF COURSE PLANNED UNIT DEVELOPMENT
CONCEPT PLAN MASTER AGREEMENT SUMMARY
Please note that paragraph numbers mentioned below correspond to the paragraphs
within the developer's agreement. The standard, minor points of the developer's
agreement are not mentioned below.
Par. No.
1. The Developer will pay for and install all municipal improvements (streets, sewers,
water, curb, gutter, ponding, etc.). Improvements will be installed phase -by -phase
rather than all at once. All improvements will have a two year warranty. Developer
will plow the streets until at least once house is occupied, at which time plowing will
be taken over by the City.
2. Developer will construct and pay for all on- and off -site improvements (street signs,
traffic signs, bituminous or concrete driveways, sod, storm water retention/water
quality ponds, etc.)
3. Status of Streets
A. The streets serving the town homes in Cedar Creek South will remain private
and will be maintained by a homeowner's association.
D. Developer will apply a layer of oil on Kadler Avenue and, if necessary, apply
two inches of pavement at a later date.
E. Karsten Avenue will be constructed by the earlier of October 15, 2001 or with
the installation of Municipal Improvements for Phase three of Cedar Creek
North.
G. When the developer begins the grading of the golf course, developer will apply
to both the City of Albertville and the City of St. Michael for the vacation of
Kadler Avenue.
1
I. Developer will maintain all "islands" in the streets shown on Phases 3 and 4 of
Cedar Creek South, and will provide a maintenance agreement for these
"islands" prior to final plan approval.
4. Developer will install and pay for the construction of a lift station in the location of
the townhomes on County Highway 118..
A. The City will make good faith efforts to establish a trunk sanitary sewer charge on
all property within the City of Albertville which the City Engineer determines can
make use of said Lift Station via gravity flow sanitary sewers.
B. City agrees to reimburse Developer a portion of the money collected under the
Trunk Charge ordinance which stem from the per -acre charge and are related to
the cost of the lift station.
C. The City's obligation to reimburse developer shall exist only to the extent that the
City collects the Lift Station charges, and no other monies will be used to
reimburse developer. The City's obligation to reimburse Developer will cease on
July 31, 2010.
F. Developer will acquire all permanent and temporary easements necessary for the
installation of the Lift Station and shall dedicate all such easements to the City.
G. Developer will dedicate the Lift Station to the City upon its completion, and it
shall be warranted for two years from the date of its dedication to the City.
5. Intended use of Subject Property.
A. The Developer and City intend that the property will be used for single-family
detached dwelling units, two-family attached dwelling units and an eighteen hole
golf course. Developer agrees that it shall not construct any 'ujuts other than those
as shown on the Concept Plan. The number of single family lots shall not
exceed and the number of twin / town homes shall not exceed for all
of the Subject Property. The golf course land can only be used for a golf course
and not for any other use without Council approval. The restrictions on the use of
2
the land will run with the land and bind all future assignees and/or successors in
interest.
C. Developer shall require all homes abutting the golf course to install at least a 1/3
brick, stone, stucco or wood facing on their front.
D. Developer shall require that the minimum square footage of each town home in
the development be no less than 960 square feet. Developer will require that the
minimum square footage for the garages adjacent to the town homes be no less
than 480 square feet.
F. The golf course will be open for business to the public at large and shall not be
converted to a private golf course without the express written consent of the
Albertville City Council.
G. Albertville residents shall receive a discount of at least 15% off of the regular fee
charged to the general public for use of the golf course for a 5-year period.
H. The underlying zoning on the residential lots will be R-IA, except that lot widths
and setbacks can vary, 16 lots will contain less than 15,000 square feet but at least
12,500 square feet, and all lots will be at least 80 feet wide.
I. The Developer will submit detailed plans for the townhomes at development plan
stage.
6. A 100% surety will secure the installation of all municipal improvements, and a 50%
surety will secure the installation of all on- and off -site improvements (sod,
driveways, etc.). The surety can consist of 75% letter of credit and 25% bond. The
surety for each phase will be provided to the City as the final plan for each phase is
approved. The construction of the golf course will not be secured by a surety.
Rather, developer agrees that Phases three and four of the residential developments
will remain unbuildable open space until the golf course is completed in accordance
with the requirements of the Master Agreement.
8. Sanitary Sewer Trunk Line Fees
3
A. Developer will pay the City's Sanitary Sewer Trunk Line Fee, in the amount of
$1400.00 per acre (although this fee will increase), as each residential phase is
granted final plan approval. Should the fee required by the City change from time
to time, developer will pay the per acre fee in effect at the time of final plan
approval of each phase.
B. By October 1, 1999, Developer will pay $3,200, representing a reduced trunk line
fee for the golf course area due to anticipated reduced per -acre sanitary sewer flow
from the golf course use.
C. Developer will receive a credit of $900.00 per acre to be applied to the Trunk Line
Fee, except for the acreage associated with the golf course, pursuant to the
Parkside Third Addition Developer's Agreement.
9. Project phases.
A. Developer will be allowed to develop the property in phases. Developer will not
be allowed to build structures on any portion of the Subject Property until the
portion to be built upon has received final plan approval from the City.
B. The Developer will rough grade and seed the golf course by September 30, 1998.
If the rough grade is not completed at that time, all Phase three and four properties
will remain vacant and unbuildable until such rough grade and seeding is
completed.
C. Developer will not be able to proceed with Phase three or four property until all 18
holes of the golf course have been completed, construction has begun on the club
house, and the golf course is open for business.
D. Developer shall install a paved parking lot for the eighteen hole golf course by
October 31, 1999.
E. Developer will not be granted final plan approval for any Phase 4 property until a
golf course club house reasonably adequate to support the operation of the golf
course is fully constructed and operational.
0
F. Developer will establish homeowners' associations for each phase of the town
home developments. The associations will provide for the maintenance of all
common areas and the exterior of all town home structures, and the association
agreements shall be in a form acceptable to the City Attorney.
G. The Developer can shift the boundary lines of phases based upon market
conditions so that more or less lots are contained in any particular phase.
13. Developer will comply with all requirements for drainage into any county ditch or other
ditch through which water from the Subject Property may drain.
16. Miscellaneous
E. The Developer will be released from portions of the Developer's Agreement as it
completes the requirements of the developer's agreement.
J. Developer acknowledges that approval of the Concept Plan is in no way a
guarantee that the City will provide waste water treatment plant capacity for any or all
phases at the time of final plan approval for any such phase. The City reserves the right
to allocate wastewater treatment plant capacity among developments (including future
residential, commercial or industrial developments) or to refuse to grant final plan
approval for any Phase for which unallocated waste water treatment plant capacity is
not available.
K. The City shall give concept approval at the time of execution of this agreement,
but no development plan approval shall be granted until the City of St. Michael grants
approval of a conditional use permit allowing the golf course use on the Subject
Property located in St. Michael.
L. In the event an Environmental Impact Statement is required, the City reserves the
right to refuse to approve development plan or final plans for any Phases of the Subject
Property until said Environment Impact Statement has been adequately completed.
R
18. Should developer breach the agreement, the City will give developer written notice of
such and 30 days to cure. Upon failure to cure, the City may draw upon the expiring letter of
credit.
19. Dedications to the City
A. Upon the completion of all construction work and other requirements of the City,
the Developer shall dedicate all roads, right of ways, sewers and water mains to
the City.
B. Developer shall dedicate park land to the City according to the City's park
dedication ordinance. Any shortages in land shall be satisfied by cash payment.
Land zoned R5 shall not be included in park dedication at this time. Wetlands
dedicated as park land shall not be credited toward park dedication requirements.
C. It has been agreed that Developer will dedicate 8.08 acres of the required land and
the remainder of the park dedication requirement will be paid in cash to the City
on a per lot basis representing 58 % of the residential lots in the development.
58% of the residential lots equals 204 lots upon which the Developer will pay a
per lot dedication.
D. If Developer dedicates more park land than is required, Developer will receive a
park land dedication credit which may be applied toward future phases. Payment
of said park dedication fee shall occur prior to release of final plan.
E. For purposes of satisfying the City's commercial park dedication requirements, it
is agreed that Developer will dedicate cash in the amount of 10% of the value of
the golf course land. The land will be valued based upon its zoning for a golf
course use, but any improvements shall not be included in the valuation.
Valuation may be determined by an appraiser or by the County assessed value.
F. Developer will dedicate and pave all trails, and will receive a deduction
accordingly from the amount required under the park dedication fee. Developer
will be reimbursed for design and some inspection engineering costs.
0
G. Developer will provide the City with drainage easements over each pond into
which storm water from any phase will drain.
H. Developer will maintain all ponds located on the golf course land.
I. All non -buildable wetlands shall be deeded to the City by Developer.
20. The City may refuse to approve final plans of subsequent phases until public
improvements for all prior Phases have been satisfactorily completed. Developer shall
enter into a supplemental contract for each Phase addressing the particular aspects of
each Phase not specifically addressed in the Master Agreement.
h
CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
CEDAR CREEK GOLF COURSE PLANNED UNIT DEVELOPMENT
CONCEPT PLAN MASTER AGREEMENT
THIS AGREEMENT, entered into this day of , 1997 by and
between Pilot Land Development Company, Inc., 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 "Cedar
Creek Golf Course Planned Unit Development" and may sometimes hereinafter be referred
to as the "Subject Property" or "Said Plan"; and
WHEREAS, the City has given concept plan approval of Developer's plan of Cedar
Creek Golf Course 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 upon final
plan approval of each phase of development; and
WHEREAS, the City further requires that certain on- and off -site improvements be
installed by the Developer within the Subject Property upon final plan approval of each
phase, which improvements consist of boulevards, top soil, sod and seed, trees, grading
control per lot, bituminous or concrete driveways, parking lots, 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 parry's promises and considerations herein set forth, as
follows:
1. Construction of Municipal Improvements.
A. At the time Developer applies for preliminary plan approval of any particular
Phase of the development, Developer shall provide the City with detailed
plans and specifications for the installation of municipal improvements to the
Subject Property. Said improvements to include installation of water mains,
sanitary and storm sewers, storm water ponding, site grading, curb and gutter,
paved streets and other usual and customary improvements deemed necessary
by the City for the proper development of the property. Said plans and
specifications shall meet all City design standards and shall be subject to the
approval of the City Council and/or City Engineer. All such improvements
shall be constructed according to the standards adopted by the City, along
with all reasonable items required by the City Engineer, and shall be
constructed within a reasonable time frame established by the City at the time
of approval of the final plan for each Phase. All costs related to the design
and installation of the Municipal Improvements shall be borne by the
Developer.
B. The Developer shall warrant 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. The City's right to pay said
contractors from Developer's surety shall be subject to Developer's right to
contest in good faith the amount due to said contractors, provided Developer
shall pay all reasonable attorney's fees incurred by the City as a result of said
contest.
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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 Plan 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 public streets in said
plan 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 on public streets. 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. Developer shall
not be responsible for damage caused to street signs and lights due to careless
operations by snow plows operated by the City or the City's agents.
2. Construction of On- and Off -Site Improvements. Upon approval of the final
plan for each Phase of the Subject Property, Developer shall perform the following:
A. Developer shall cause the construction of (and may subcontract said
construction of) all on- and off -site improvements including installation of
boulevards, street signs, traffic signs, yard top soil, sod in all front and side
yards abutting a street, grass seeding and mulching in all other yards, one
fi-ont-yard tree, grading control per lot, bituminous or concrete driveways,
drainage swales, berming, and like items as necessary, street cleanup during
project development, and erosion control, all as required by City ordinance
and at Developer's expense. Said on- and off -site improvements shall be
installed within a reasonable time frame established by the City, except that
erosion control, drainage swales and berming shall be installed upon initial
grading of Subject Property. All grading, drainage, utility and wetland
mitigation issues must be approved by the City Engineer.
B. Developer shall, at its own expense, cause the following items to be installed
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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:
Electrical power supply, to be provided by Northern States Power or
other such carrier;
ii. Natural gas supply, to be provided by Minnegasco or other such
carrier;
iii. Telephone service, to be provided by 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
Control Devices.
C. Developer's utility plan for each Phase shall show all existing and proposed
utility lines and easements, and Developer shall install all utilities according
to the Concept Utility Plan attached as Exhibit C approved by the City.
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 cause to be installed, to the City's satisfaction, improvements 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 lst and before
E
April 15th 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
Plan in the locations as shown on the Concept Grading and Drainage Plan
attached as Exhibit D, and including all ponds within the golf course.
Developer shall provide the City with perpetual drainage easements over such
ponds at the time of the final plan approval of the Phase which drains into the
pond(s) in question. Said retention ponds shall be installed prior to the
installation of streets or utilities.
G. In the event that the Wright County Highway Department determines that an
excessive number of golf balls are being hit on or over the pavement of
Wright County Highway 118, Developer (or the then -owner of the golf
course) shall cooperate with the City of Albertville and Wright County in
attempting to alleviate such a problem. In such situation, the Developer (or
the then -owner of the golf course) shall consider such measures as: moving
the tees farther from County Highway 118, re -orienting the tees, installation
of fencing or netting along County Highway 118, or such other measures that
are reasonably calculated to reduce the likelihood of golf balls being hit on or
over the pavement of Wright County Highway 118. Within one year of
notification by Wright County that an excessive number of golf balls are
being hit on or over the pavement of Wright County Highway 118, the
Developer (or the then -owner of the golf course) shall implement measures
that significantly reduce the frequency of golf balls being hit on or over the
pavement of Wright County Highway 118.
3. Status of Streets.
A. Developer agrees that the streets serving the town homes in Cedar Creek
South as shown on the Concept Plan shall remain private streets within Said
Plan and shall not be dedicated the public. However, said streets shall be
constructed in accordance with City construction section standards for public
residential streets, and the pavement on said private streets shall be 28 feet in
width. Plans and specifications for said streets must receive the approval of
the City Engineer prior to commencement of construction. The City Engineer
and City Planner must approve all. private road designs as being acceptable to
access the town home areas of the Property located along County Road 118
and as providing appropriate off-street parking to accommodate visitors in
these areas. Developer shall provide legal access to all buildings abutting said
5
private streets via covenants or some other method acceptable to the City
Attorney.
B. Developer shall be responsible for all maintenance (including snow plowing)
on all private streets in said plan. Developer shall keep all private streets in
said plan in good repair at all times, and shall keep said streets open so as to
allow unhindered access for emergency vehicles at all times. Removal of
excess snow shall occur within 12 hours of the start of a snowfall or at such
time as two inches of snowfall has accumulated. Such snow may be stored on
site but shall not be stored in a manner in which the height of the pile of snow
exceeds 10 feet, nor, shall snow be stored in a manner so as to block windows
of homes or vehicular visibility in corner visibility zones as defined in the
City's zoning ordinance. Developer shall be relieved of its liability under
this paragraph, paragraph 3(B), at such time as a homeowner's association
acceptable to the City Council has been established through a homeowner's
association agreement, such association possesses adequate resources
allowing it to assume the responsibilities of this paragraph, and the
association actually begins to perform maintenance on the private streets.
C. Developer shall dedicate a total of 60 feet of right-of-way (as measured from
the centerline of the existing highway) for use as right-of-way for Wright
County Highway No. 118. Said dedication shall occur at such time as final
plan approval is granted for the Phase or Phases abutting Wright County
Highway No. 118. 'The City and/or County Highway Engineer must approve
the provision of said right-of-way.
D. Developer shall apply a layer of oil on Kadler Avenue within 45 days after
the issuance of any building permits for any properties in Phase one of Cedar
Creek North. If determined to be necessary by the City Engineer, Developer
shall apply two inches of pavement on Kadler Avenue at such time as 50% of
the homes in Phase one of Cedar Creek North are occupied. If said 50%
occupancy rate occurs during the months of November through May, the
Developer shall have until the following June 15th to apply said pavement to
Kadler Avenue. Developer shall take no action pursuant to this paragraph
with regard to Kadler Avenue without first obtaining the consent of the City
of Otsego as to those portions of Kadler Avenue lying within the City of
Otsego.
E. The right of way for. Karsten Avenue shall be dedicated with the approval of
the final plan for Phase three of Cedar Creek North. The Developer shall
0
construct Karsten Avenue from Wright County Highway 37 south to connect
with the street as shown in Phase one of Cedar Creek North on the attached
Exhibit E (Concept Phasing Plan) by October 15, 2001 or concurrent with the
Municipal Improvement work required by the final plan of Phase three of
Cedar Creek North, whichever occurs sooner.
F. In the event that portion of Kadler Avenue abutting Cedar Creek North is
vacated before final plan approval is received for all Phases of this
development, the cost of removing any bituminous pavement then on Kadler
Avenue shall be born by Developer. Said pavement shall be removed within
45 days of the passage of resolutions by governing bodies having jurisdiction
on both sides of Kadler Avenue.
G. Upon commencement of grading of the golf course, Developer shall apply to
both the City of Albertville and the City of St. Michael for the vacation of
Kadler Avenue. Developer shall apply to the City of Albertville and the City
of Otsego for the vacation of Kadler Avenue north of the golf course at such
time as all streets shown on the Concept Plan have been installed and
accepted by the City.
H. Developer shall provide a 20 foot wide bituminous paved emergency exit
and utility easement from the cul-de-sac of Phase 4 of Cedar Creek South
connecting to Kadler Avenue and the street in Phase 4 of Cedar Creek
North as shown on the Concept Plan. This connection shall also serve as a
trail for golf carts and pedestrians. The methods used to improve this
corridor to allow for year-round emergency access while preventing its use
by intruders shall be determined at the time the Developer submits
development stage plans for the adjoining lots.
Developer shall maintain (or otherwise provide for said maintenance via
homeowners association or golf course operator) all "islands" in the streets
shown on Phases 3 and 4 of Cedar Creek South as shown on the Concept
Master Plan attached as Exhibit B. Developer will provide a maintenance
agreement for these "islands" prior to final plan approval. All plants within
said islands must be capable of withstanding snow and salt impacts
expected during the winter months.
4. Reimbursement of Costs Related to the Installation of Certain Municipal
Improvements.
7
The City recognizes, and Developer agrees, that Developer shall install a sanitary
sewer Lift Station ("Lift Station") which will benefit properties in addition to those
owned or controlled by Developer. Said. Lift Station is identified on the attached
Exhibit C. Developer shall construct the Lift Station as indicated on Exhibit C and
Developer shall pay all of the cost of said Lift Station. As a consequence of
Developer's installation of the Lift Station:
A. The City shall undertake good -faith efforts to establish a trunk sanitary sewer
charge ("Trunk Charge") upon all property within the City of Albertville
which the City Engineer determines can make use of said Lift Station via
gravity flow sanitary sewers. Said Trunk Charge shall be based upon a
calculation of all land within the City of Albertville which the City Engineer
determines can make use of said Lift Station via gravity flow sanitary sewers
(including any such land included in the Subject Property) divided by the cost
of the Lift Station (the product of this calculation shall be called the "Per Acre
Charge"). The Cost of said Lift Station shall be arrived at by multiplying the
low bid for the installation of the Lift Station by 1.18 (using 18% for
engineering).
B. Upon the establishment of Said Trunk Charge ordinance, the City agrees to
reimburse to Developer a portion of the money collected under said Trunk
Charge ordinance which stem from the per -acre charge established above.
This amount shall be reimbursable solely from trunk charges collected from
lands which connect into said Life: Station, but only to the extent that said
trunk charges are directly attributable to the costs associated with the
installation of the Lift Station. The City shall have no obligation to reimburse
to Developer trunk charges from lands which do not directly utilize said Lift
Station via gravity flow sewers. If additional Trunk Charge fees (in excess of
the amount attributable to the installation of the Lift Station) are required of
other lands, including "benefited lands," to offset additional trunk -line related
costs of the City, said additional fees shall belong solely to the City.
C. The City's obligation to reimburse developer shall exist only to the extent that
the City collects said Lift Station charges as detailed in subparagraphs A and
B. above, and no other City monies shall be used to reimburse Developer.
Reimbursement to the Developer by the City of qualifying monies shall occur
by January 31st and July 31st of each year for the periods ending the prior
December 31st and June 30th, respectively. The City's obligation to
reimburse Developer under this paragraph shall cease on July 31, 2010,
regardless of whether Developer shall have received any reimbursement by
said date. Under no circumstances shall Developer be reimbursed more than
the total cost of the Lift Station. If for any reason the City is unable to
establish or enforce a trunk charge collection mechanism, the City shall have
no obligation to reimburse Developer.
D. Developer shall be eligible for reimbursement under this paragraph only if the
Lift Station is installed by the lowest responsible bidder as determined by the
City Council in accordance with all applicable provisions of Minnesota
Statutes §471.345.
E. Should Developer develop any lands which utilize said Lift Station,
Developer shall pay the City the full amount of the trunk charge in effect at
the time said lands are platted. Developer shall then be reimbursed from said
paid hunk charges according to subparagraph 4(C) above.
F. Developer shall acquire all permanent and temporary easements necessary for
the installation of the Lift Station to be completed by Developer, and shall
dedicate all such easements to the City, all at Developer's sole expense. All
such easements must be approved by the City Engineer and City Attorney
prior to their dedication to the City.
G. Developer shall dedicate the Lift Station to the City upon its completion, and
shall be warranted by Developer for two years from the date of its dedication
to the City. Developer shall construct said Lift Station according to
specifications approved by the City Engineer, and no building permits shall
be issued for any Phase which drains into said Lift Station until said Lift
Station is fully operational.
H. Developer understands that the reimbursement arrangement set forth in this
agreement is unique and untested under the law. Developer agrees that
should a court invalidate this agreement or any portion of the reimbursement
provisions of this agreement such that the City can not reimburse Developer
from future fees as set forth in this agreement the City shall have no further
obligation to reimburse Developer for any costs incurred by Developer in
constructing said Lift Station.
5. Intended Use of Subject Property.
A. It is the Developer's and City's intent that single-family detached dwelling
units, two-family attached dwelling units and an eighteen hole golf course be
0
constructed on the lots in Said Plan (one unit on each lot). All said housing
units and the entire golf course shall be constructed in the locations as shown
on the attached Concept Plan. Developer agrees that it shall not construct any
units other than those as shown on said Concept Plan. The number of single
family lots constructed on the Subject Property shall not exceed 291 and the
number of twin / town homes shall not exceed 50 for all of the Subject
Property. The area designated for the eighteen hole golf course shall be
restricted to use only as an eighteen hole golf course with typical
complimentary accessory uses related to and commonly associated in the
industry with golf course uses. Such restriction shall run with the land and
shall bind all future assignees and/or successors in interest. The restriction on
use of this land only for golf course purposes may be modified only upon the
written authorization of the City, and the City shall exercise sole discretion in
determining whether to allow any lase other than an 18-hole golf course on
the property shown as golf course property on the Concept Plan. In the event
the Developer fails to construct the golf course as shown on the Concept Plan,
the land shown as golf course use on the Concept Plan shall remain vacant,
undeveloped land in perpetuity, or until said golf course is constructed and
operated by Developer or successor to the Developer..
B. Prior- to the sale of each lot on the Property, illustrative plans shall be
disclosed to each potential buyer to avoid resident complaints relative to non -
conventional house placement throughout the Subject Property. Developer
shall obtain a release from each landowner, in a form approved by the City
Attorney, regarding the placement of the homes in the cooing concept.
C. Developer shall require via recorded covenants that all homes abutting the
golf course shall contain at least 1/:3 brick, stone, stucco or wood facing on the
front of the home.
D. Developer shall require via recorded covenants that the minimum square
footage of each town home in the development shall be no less than 960
square feet. The Developer- shall require via recorded covenants that the
minimum square footage for the garages attached to each town home shall be
no less than 480 square feet (20 feet by 24 feet). For all town home
properties, Developer shall record covenants and restrictions acceptable to the
City Attorney against said properties. Said covenants and restrictions shall
provide for the maintenance of all grounds encompassing the town home
development and shall provide for the common maintenance of all town home
structures.
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E. All townhome developments on the subject property shall be configured with
several individual lots (containing the housing structure) and one common lot
surrounding all such individual lots, similar to that configuration shown on
the attached Exhibit F.
F. The golf course shall be open for business to the public at large, and shall not
be converted to a "private" golf course without the express written consent of
the Albertville City Council.
G. Albertville residents shall receive a discount of at least 15% off of the regular
green fee charged to the general public for use of the golf course. Said
discount shall be in effect for the first 5 years of operation, and may be
limited to 15 rounds of golf per person per season. The operator of the golf
course shall administer the discount program in a reasonable manner and
through reasonable means.
H. The underlying zoning for all single family residential lots shall be the RI -A
zoning requirements, as amended from time to time, except for the following
items, which shall adhere to the following standards:
i. Varying front yard setbacks shall be documented at the final plan stage,
and shall be shown on final plan documentation. No front yard setbacks
shall be less than 30 feet from the street right of way.
ii. All lots shall contain a minimum of 15,000 square feet, except 11 lots in
Cedar Creek South and 5 lots in Center Oaks. These 16 lots shall have a
minimum of 12,500 square feet of lot area.
iii All lots shall have a minimum lot width of 80 feet measured at the front
set back line between the side yard lines.
I. The Developer shall submit detailed development plans for the town houses
at the development plan stage. Developer and City recognize that the current
town house proposal does not contain sufficient detail with which to specify
lot area and set back requirements. Accordingly, the City shall review lot
area and set back requirements at the time of development plan submission.
Said development plan submissions must comply with the development
standards set forth in Section 2700 of the City's zoning ordinance.
11
6. Surety Requirements.
A. Upon the approval of the final plan for each Phase of the development of the
Subject Property, Developer shall 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 equal to 100% of the estimated
cost of installing the Municipal Improvements detailed in paragraph 1 above,
plus 50% of the estimated cost of the on- and off -site improvements detailed
in paragraph 2 above. Said letter of credit or surety must meet the approval of
the City Attorney as to form and issuing bank. No letter of credit shall be
required for the completion of the eighteen hole golf course. Instead,
developer has agreed that Phases 3 and 4 of the residential developments shall
remain unbuildable open space until the golf course is completed in
accordance with the requirements of this document.
B. As an alternative to providing a 100% letter of credit, Developer may provide
the City with a combination of an irrevocable letter of credit and a
performance bond as security that the obligations of the Developer under this
contract shall be performed. Said combination shall be as follows:
i. A letter of credit in the amount of 75% of the estimated cost of the
improvements. Said letter of credit must meet the approval of the City
attorney as to form and issuing bank.
ii. A performance bond in the amount of 150% of the remaining 25% of
the cost of the improvements. Said bond must meet the approval of
the City Attorney as to form and issuing company.
The City reserves the right to require the Developer to provide a 100% letter
of credit for future Phases under this agreement in the event that the City
actually draws on a letter of credit or bond provided under this agreement.
C. 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, but not the golf course construction), 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
12
Improvements during the warranty period, or to otherwise fulfill the
obligations of Developer under this agreement.
D. 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.
E. Developer hereby agrees to allow the City to specially assess any portion of
the Subject 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 specially assess Developer's property for
said costs, Developer agrees not to contest or appeal such assessment (on the
grounds that the assessment exceeds the benefit to the property, but
Developer may challenge the calculation of the costs used to determine the
assessment) and Developer waives all statutory rights of appeal under
Minnesota Statutes, including Minnesota Statute 429.081 except as otherwise
allowed in this sentence.
7. Surety Release.
A. Periodically, as payments are made by the Developer for the completion of
portions of the Municipal Improvements and/or On- and Off -site
Improvements in any given Phase, 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 and/or On- and Off -site
Improvements which have been fully completed and payment made therefor.
All such decisions shall be at the discretion of the City Council. The City's
cost for processing reduction request(s) shall be billed to the Developer. Such
cost shall be paid to the City within thirty (30) days of the date of mailing of
the billing.
B. The Developer may request of the City a reduction or release of any surety as
13
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 sub 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.
8. Sanitary Sewer Trunk Line Fees.
A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance
currently requires the Developer to pay $1,400.00 per acre in sanitary sewer
trunk line fees as each residential Phase is granted final plan approval.
Developer acknowledges that said Trunk Line Fee will likely increase in the
future as costs related to the sanitary sewer trunk line collection system rise,
and because the golf course property, which had previously been anticipated
to generate an estimated $163,800 per acre, will now generate approximately
$3,200, with the difference likely being made up by a per -acre increase in the
trunk charge for all other property within the Trunk Line district, including
the residential lots included in the Subject Property. All such increases in fees
shall be established by resolution of the City Council and shall be reasonably
related to the trunk line costs incurred by the City. Developer shall pay Trunk
Line Fees at the time of granting of final plan approval for each Phase of the
development, and said Trunk Line Fees shall be paid according to the per acre
fee in force at the time final plan approval is granted to each Phase. The 18.4
acre "Existing Wetland" adjacent to the Parkside Third Addition Plat shall be
14
included in the acreage calculation of Phase 2 in Cedar Creek South.
B. Developer agrees that by October 1, 1999, Developer shall pay a Trunk Line
fee of $3,200 for all areas of the golf course, based upon reduced acreage
which will be sewered, which in turn reflects anticipated reduced per -acre
sanitary sewer flows from the golf course use.
C. Pursuant to that Developer's Agreement known as the Parkside Third
Addition Developer's Agreement between Developer and City dated August
13, 1996, Developer shall receive a credit of $900.00 per acre to be applied
said Trunk Line Fee described above for all portions of said plan which will
utilize the trunk line installed by Developer (said Trunk Line as described in
said Parkside Third Addition Developer's Agreement), except that said credit
shall not apply to any trunk line fees which apply to the golf course area.
9. Project Phases.
A. Developer shall be allowed to develop the Subject Property in Phases
consistent with the Concept Phasing Plan attached as Exhibit E. In doing so,
Developer shall submit a development plan (similar to a preliminary plat),
including grading and drainage plans, wetland mitigation plans, landscaping
plans, utility plans and other plans which may be required by City ordinance
for each respective Phase. Upon approval of the development plan for a
Phase by the City, the Developer shall submit a final plan (similar to a final
plat) for that Phase. The submission requirements reflected in this paragraph
represent current PUD ordinance requirements. In the event that the City
modifies said submission requirements, Developer shall comply with the
submission requirements in effect at the time each stage of Phase approvals
are applied for. Developer shall not be allowed to build structures on any
portion of the Subject Property until the portion to be built upon has received
final plan approval fi-om the City. The Phases referred to herein are those
Phases shown on the Concept Phasing Plan.
B. Developer shall "rough grade," and seed all portions of the golf course
(including the portions located within the boundaries of the City of St.
Michael) to correspond with the Concept Grading and Drainage Plan attached
as Exhibit D by September 30, 1998. In the event Developer fails to so grade
the golf course property by said date, all Phase 3 and 4 properties shall remain
vacant and shall be deemed non -buildable land until the rough grade and
seeding of the golf course has been completed.
15
C. Developer shall not be allowed to proceed with the final plan of any Phase 3
or Phase 4 property in Cedar Creek North and Cedar Creek South, nor shall
Developer be allowed to proceed with the final plan of any Phase 4 property
in Center Oaks until all 18 holes of the golf course have been completed
according to the Concept Plan, construction has begun on the club house, and
until the golf course is open for business. In the event Developer fails to so
complete and open the golf course, all Phase 3 and Phase 4 property in Cedar
Creek North and Cedar Creek South, and all Phase 4 property in Center Oaks
shall remain vacant and shall be deemed non -buildable land until the golf
course is so completed.
D. Developer shall install a paved parking lot (which meet the City's zoning
ordinance parking requirements) as shown on the Concept Plan for the 18
hole golf course by October 31, 1999.
E. Developer shall not be granted final plan approval of any Phase 4 property on
any of the Subject Property until a golf course club house reasonably
adequate to support the operation of the golf course as a going concern is fully
constructed and operational. In the event the Developer fails to complete the
golf course club house by August 31, 2000, all Phase 4 property shall remain
vacant and shall be deemed non -buildable land (except for the construction of
an 18-hole golf course as shown on the Concept Plan) until the golf course
club house is completed.
F. The Developer shall establish homeowners' associations via recorded
covenants for each Phase of town home developments. Said associations
shall provide for maintenance of all common areas and the exterior of all
town home structures. Said association agreements/covenants shall be in a
form and content acceptable to the City Attorney.
G. It is anticipated that due to market conditions, Developer may transfer lots
between Phases (i.e. move the boundary of the Phase to take in lots
currently shown in a different Phase) at time of final plan approval. Said
transfer in the amount of not more than 10 lots per Phase shall be allowed
(except in the town home Phases, where no transfer in lots shall be
allowed), provided Developer may not transfer lots from a restricted Phase
(e.g. Phases 3 and 4) without first completing the prerequisites to
developing the lots in said restricted Phases as required by this agreement.
The transfers contemplated in this paragraph shall not increase the
16
development density over that shown on the Concept Plan, nor shall it
increase the total number of single family lots or town home units as
detailed in paragraph 5(A) above.
10. 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, fails to provide
sufficient ground -cover to prevent continuing soil erosion from the Plan, or fails to
leave the abandoned property in a condition which can be mowed using conventional
lawn mowing equipment, 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 Plan to the point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent continuing soil erosion from
Said Plan and to facilitate mowing of Said Plan. In the event that said costs are not
paid, the City may withdraw funds fi-om the above -mentioned surety for the purpose
of paying the costs referred to in this paragraph.
11. Developer to Pay City'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 Said Plan, 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 Plan without objection.
Developer has the right to request time sheets or work records to verify said billing
prior to payment.
12. Erosion and Siltation Control. Before any grading is started on any Phase,
Developer shall implement all erosion control measures required by the City
Engineer. Developer- shall first prepare an erosion control plan for approval of each
Phase by City Engineer. Developer shall also install all erosion control measures
deemed necessary by the City Engineer should the erosion control plan prove
inadequate in any respect.
17
13. 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.
14. 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 Plan. 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 Plan. 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 (7) days from the date of mailing of such
notice to effect such clean up, repair or maintenance of said public property to the
satisfaction of the City Council. In the event that Developer fails to so clean up,
repair or maintain said public property, the City may undertake making or causing it
to be cleaned up, repaired or maintained. When the City undertakes such activity,
the Developer shall reimburse the City for all of its expenses within thirty (30) days
of its billing to the Developer. If the Developer fails to pay said bill within thirty
(30) days, funds sufficient to pay the bill may be withdrawn by the City from the
surety described above and/or assessed against any or all of Said Plan.
15. 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.
16. 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
18
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,
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. 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, but paragraphs
and of this agreement shall remain binding
upon all present and future owners of any portions of the Subject Property.
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. The Board may assign approval authority for any or
all water concerns to the City.
G. The Developer represents to the City that the Concept Plan 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 Concept Plan does not comply
with any of the above mentioned laws and regulations, the City may, at its
option, refuse to allow construction or development work on Said Property
until the City identifies said non-compliance and Developer so complies with
said laws and regulations. Upon the City's demand, the Developer shall cease
work until there is compliance with said laws and regulations.
19
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 as may be required by the Wright County Soil and Water
Conservation District.
J. Developer- acknowledges that the City currently does not have adequate waste
water treatment plant capacity to serve existing platted properties and the
entire Subject Property. Accordingly, approval of this Concept Plan shall in
no way be construed as a guarantee that the City will provide waste water
treatment plant capacity for any or all Phases at the time of final plan approval
for any such Phase. Developer acknowledges and agrees that the City shall
not be liable in any manner if at the time of final plan approval for any Phase,
the City does not have waste water treatment capacity to accommodate said
Phase. The developer acknowledges that the City has reserved sewer capacity
for those properties abutting the trunk sewer line currently serving the STMA
high school located on Wright County Highway 35, and as such, at all times
these parties shall have priority over Developer for allocation of wastewater
treatment plant capacity. The City reserves the right to allocate wastewater
treatment plant capacity among developments (including future residential,
commercial or industrial developments) or to refuse to grant final plan
approval for any Phase for which unallocated waste water treatment plant
capacity is not available.
K. The City shall grant Concept Plan approval at the time of the execution of this
agreement, but no development plan approval shall be granted until the
Developer obtains a conditional use permit from the City of St. Michael
allowing the golf course use on the Subject Property located in St, Michael.
L. In the event an Environmental Impact Statement is required to be prepared for
this project, the City reserves the right to refuse to withhold approval of
development plans or final plans for any Phases of the Subject Property until
said Environmental Impact Statement has been prepared and adequately
20
addresses all environmental issues related to this development.
17. Draw on Expiring Letter of Credit. In the event a surety referred to herein is in the
form of an irrevocable letter of credit, which by its terms may become null and void
prior to the time at which all monetary or other obligations of the Developer are paid
or completed, it is agreed that the Developer shall provide the City with a new letter
of credit or other surety, acceptable to the City, at least forty-five (45) days prior to
the expiration of the expiring letter of credit. If a new letter of credit is not received
as required above, the City may declare a default in the terms of this Agreement and
thence draw in part or in total, at the City's discretion, upon the expiring letter of
credit to avoid the loss of surety for the continued obligation. The form of said
irrevocable letter of credit must be approved by the City Attorney prior to its
issuance.
18. 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 funds to complete the Developer's obligations
under this agreement, and to bring legal action against the Developer to
collect any sums due to the City pursuant to this Agreement, plus all costs and
attorney's fees incurred in enforcing this agreement.
B. Paragraph 18A shall not apply to any acts or rights of the City under
paragraph 17 above, and no notice need be given to the Developer as a
condition precedent to the City declaring a default or drawing upon the
expiring irrevocable letter of credit as therein authorized. The City may elect
to give notice to Developer of the City's intent to draw upon the surety
without waiving the City's right to draw upon the surety at a future time
without notice to the Developer.
C. Breach of any of the terms of this Contract by the Developer shall. be grounds
for denial of building permits after said breach has remained uncured for 30
21
days after Developer has been noticed of said breach.
19. Dedications to the City.
A. Upon the completion of all construction work and certification of completion
by the City Engineer for any given Phase, the Developer, upon presentation to
the City of evidence of good and marketable title to Phase being developed,
shall dedicate all roads, road right of ways, sewers and water mains to the
City (except for the private roads described above, which shall not be
dedicated to the City) . Upon acceptance of dedication, Developer shall
provide to the City "As-Builts" of all sewers, water mains, and roads.
Acceptance by City of any dedication shall occur upon passage of a resolution
to such effect by the City Council.
B. Developer acknowledges that under the City's current park dedication
ordinance, a certain amount of land acceptable to the City must be dedicated
to the City and/or a specified amount of money must be paid to the City in
lieu of land dedicated for park purposes, such amounts payable upon the
approval of the final plan for any particular Phase. The City and :Developer
recognize that the required amount of land dedicated or money paid may
increase prior to the granting of final plan approval for any or allof the Phases
contemplated under this agreement. The City recognizes that any increases in
the amount of land required to be dedicated subsequent to the date of this
agreement may interfere with the complete development of the Concept Plan
as it has been approved. by the City. As a result, the City and Developer agree
that only that land currently shown on the Concept Plan as land to be
dedicated for park purposes shall be dedicated for park purposes. The
Developer acknowledges that land zoned R5 shall not be included in park
dedication land at this time. Wetlands dedicated as park land shall not be
credited toward park dedication required under this agreement.
C. The City and Developer agree that for purposes of satisfying the City's
residential park dedication requirements, the total residential land area is
193.2 acres. The park dedication ordinance specifies that the Developer shall
dedicate land in the amount of 10% of the Subject Property land shown as
residential land (193.2 acres times 10% equals 19.32 acres). However,
Developer desires to dedicate 8.08 acres of land (representing only 42% of the
required land), and therefore shall satisfy the remainder of the park dedication
requirement via the payment of cash to the City on a per -unit basis
22
representing 58% of the residential units in the development, at the per -unit
requirement in effect at the time each Phase receives final plan approval. As
currently shown on the Concept Plan, 58% of the residential units equals 204
units upon which the Developer will pay a per -unit park dedication.
Developer shall dedicate the lands shown as park lands on the Concept Plan.
Said dedication shall occur in the locations shown on the Concept Plan and
shall be dedicated at the time the Phase one adjacent to each park receives
final plan approval. Nothing in this agreement shall be construed to require
the Developer to dedicate more land than the 8.08 acres currently shown as
park land on the Concept Plan.
D. In the event that Developer dedicates more park land than required with any
particular Phase, Developer shall receive a park land dedication credit which
may be applied to subsequent Phases. Actual park dedication amounts shall
be figured on a Phase by Phase basis, and all cash to be paid in lieu of land
dedications shall be paid as each Phase receives final plan approval. Payment
of said park dedication fee shall occur prior to release of the final plan.
E. The City and Developer agree that for purposes of satisfying the City's
commercial park dedication requirements, Developer shall dedicate an
amount of cash equal to 10% of the value of the land shown on the Concept
Plan as golf course land. Said 101/0 of value of the land shall be determined as
of the time the golf course land receives final plan approval. The land shall
be valued at such time based upon its zoning for a golf course use, but any
improvements made to the land (including grading, turf seeding, parking lot
or building improvements) shall not be included in said valuation (i.e. the land
shall be valued as "raw" land, zoned for a golf course use). Valuation shall be
determined based upon the assessed value of the land as shown at the Wright
County Assessor's office or, if either the City or the Developer so requests,
by appraisal by a licensed real estate appraiser. If an appraiser is used for the
valuation, the Developer shall have the option of jointly choosing an appraiser
with the City, provided the Developer pays half of the cost of the appraiser. If
the Developer does not agree to pay half of the cost, the City shall choose the
appraiser. In either case, the appraiser's valuation shall' be binding upon both
the City and Developer for purposes of this subparagraph. City and
Developer agree that the golf course property consists of 117.2 acres.
F. All trails shall be dedicated and paved by developer consistent with the
Concept Master Plan attached as Exhibit B. The cost of paving said trails
shall be deducted from the total park dedication fee owed by the Developer.
23
The cost shall be determined based upon the lowest responsible bidder as
determined by the Albertville City Council, plus reasonable out-of-pocket
engineering design fees Incurred by Developer and reasonable out-of-pocket
engineering staking and inspection fees incurred by Developer for all trails
installed outside of road right-of-ways. The plans and specifications for any
such trails shall be approved by the City Engineer. In addition to the trails
shown on the Concept Master Plan, Developer shall install an eight (8) foot
trail along one side of Karsten Avenue and continued along one side of 53ra
street to Wright County Highway No. 19. A trail connection shall be
provided fi-om County Highway 118 on the east end of Town Home area B to
the north into Center Oaks Phase 3 and/or 4.
G. Developer shall provide the City with drainage easements over each pond into
which storm water from any Phase will drain. Upon the granting of final plan
approval for any given Phase, Developer shall provide said easements for the
corresponding ponds into which storm water from said Phase will drain. All
said easements shall be approved by the City Engineer and the City Attorney.
H. Developer (or any successor owner(s)) of the lands designated as golf course
land shall maintain all ponds located upon the golf course land. Said
maintenance shall include cleaning of ponds as necessary to maintain good
and proper drainage from the adjacent residential Phases which drain into said
ponds. In the event Developer or said successor owner(s) fail to adequately
maintain said ponds, the City shall have the right to perform said maintenance
and the then owner of the golf course shall pay all costs incurred by the City
in performing said maintenance.
I. All lots which are to remain non -buildable due to the presence of wetlands
shall be deeded to the City by the Developer upon the granting of final plan
approval for the Phase or Phases adjacent to said wetlands.
20. Phased Development. The City may refuse to approve final plans of subsequent
Phases until public improvements for all prior Phases have been satisfactorily
completed. Developer shall enter into a. supplemental contract for each Phase
addressing the particular aspects of said Phase not specifically addressed in this
agreement, including the amount of surety to be posted, the amount of park
dedication funds to be paid to the City, the timing of installation of Municipal
Improvements and on- and off -site improvements, the payment of Trunk Line Fees
and Lift Station fees, and other such items deemed necessary by the City Council or
24
required by ordinance. In the event that Developer breaches any of the terms of this
agreement or any supplemental contracts referred to in this paragraph, the City shall
have the right to deny approval of any subsequent Phases until such breach has been
cured.
21. 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 Said Plan 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.
22. 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.
23. Professional Fees. The Developer will pay all reasonable professional fees incurred
by the City as a result of City efforts to enforce the terms of this Agreement. Said
fees include attorney's fees, engineer's fees, planner's fees, and any other professional
fees incurred by the City in attempting to enforce the terms of this Agreement. The
Developer will also pay all reasonable attorney's and professional fees incurred by
the City in the event an action is brought upon a letter of credit or other surety
fiunished by the Developer as provided herein.
24. Notification Information. Any notices to the parties herein shall be in writing,
delivered by hand (to the City Clerk for the City) or registered mail addressed as
follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (612) 497-3384
Pilot Land Development Company, Inc.
c/o Kent Roessler
13736 N.E. Johnson Street
Ham Lake, MN 55304
Telephone: (612) 757-9816
25
25. Agreement Effect. This agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By
Its Mayor
By
Its Clerk
PILOT LAND DEVELOPMENT
COMPANY, INC.
By Kent Roessler
Its President
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument 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.
MR
Notary Public
STATE OF MINNESOTA )
) 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 MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
1997, by Kent Roessler, as President of Pilot Land Development
Company, Inc.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
1997, by of Pilot Land Development
Company, Inc.
27
Radzwill & Couri Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(612)497-1930
Notary Public
28
Exhibits for Cedar Creek Golf Course PUD Agreement
A. Legal Descriptions (5)
B. Concept Master Plan
C. Concept Utility Plan
D. Concept Grading and Drainage Plan
E. Concept Phasing Plan
F. Townhome Plan
6 C•)
CITY OF ALBERTVILLE
COUNTY OF WRIGff
STATE OF MINNESOTA
RESOLUTION #1997-47
RESOLUTION DIRECTING ENGINEER
TO REPORT j ER PROPOSED IMPROVEMENT
IS FEASIBLE AND ITS ESTIMATED COST
WHEREAS, the City Council of the City of Albertville has
previously received a petition signed by owners of not less than 35
percent of the real property on the north side of Interstate 94
starting from MacIver Avenue NE to 70th Street NE requesting that
such property be improved by the construction of sewer and water
lines; and
WHEREAS, the City Council would like updated information
regarding the feasibility of constructing the sewer and water
lines.
NOW, THEREFORE BE IT RESOLVED, that the City Council of
Albertville, Wright County, Minnesota, orders Short Elliott &
Hendrickson, Inc. to proceed with a revision to the Feasibility
Study dated December 30, 1996.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 6TH DAY
OF OCTOBER, 1997.
Mark S. Olsen, Mayor
ATTEST:
Linda Houghton, City Clerk
I I 4b
(a)
AAV
�i MEMORANDUM
.��
SEH -
ST. PAUL, MN ❑ MINNEAPOLIS, MN ■ ST. CLOUD, MN ❑ CHIPPEWA FALLS, WI ❑ MADISON, W/ O LAKE COUNTY, IN
TO: Linda Houghton
City Clerk
Albertville, Minnesota
FROM: Peter J. Carlson, P.E.
City Engineer
DATE: September 16, 1997
RE: Letter of Credit Reduction
Fairfield Addition
SEH No. A-ALBEV 9708.00
I have reviewed the pay application for work completed through September 6, 1997 and recommend
the letter of credit be reduced to no less than $100,000.
J:\ALBEV\9708\CORR\SE-16A.97
An Affirmative Action,
Equal Opportunity Employer
SEP.12.1997 8:25AM BWK NO.817 P.2/4
RECOMMENDATION FOR PAYMENT NO.2
Project No.: 96216 contract Oats: May 29, 1997
Pro)ed Nome: Falfield Addltlon Period Ending: September 6, 1997
Prolect owns. LIttle Mountain Development, LLC Appilwon Date: September 15, 1997
Contractor
Application Amount:
R.P. Utilities, Inc.
P.O. Box 829
Annandale, MN 55302
$68,506.40
To 1-Ittle Mountain Development Co.
Aftcried hereto Is the CONTRACTOR'S Appkellb for Payment forNMn scoompilshed under the ConUaet through the dale Inelcated above. The
Appnoatlon meets the requlrerneam of the Contract Documents am includes t+ta CONTRACTOR'S Certtflwte stating that ON previous Payments to him
undo the Contract navo boon appied by him to dWorge In full all of his connection with the YVerk covered by all prior Appileaoons for Payments.
In accordence with the Contract the undersigned reed Wwas payment to the CONTRACTOR of the amo<rnt due as steam above.
ENGINEER's Recommendation:
This Appii=Oon (►Aim accompanying documentation) meets the requirements of the Contract Documents and payment of the above AMOUNT DUE
THIS APPLICATION is recofnrtle0W.
Dated: 11-Sep-97
Original Price: $278,670.25
Net Change Orders: $36,340.00
Current Price: $315,010.25
CONTRACTOR's Certification:
By
Bonestroo Williamson Kotsmith
Statement of Work
Work to Date.
$252,354.00
Retainage (5%):
$12,617.70
Subtotal:
$239,738.30
Previous Payments:
$171,229.90
Amount Due:
$68,506.40
The urrdemigned CONTRACTOR t80" that (1) all previous progress payments fwmlvao frond OWNER on account of Work done under the Contract
referred to eboAe have beers applied to dixharge in fun an obllgatianer of CONTRACTOR Incurred In connecIlon with the Work eovered by prior
Appncstlom for pWM@M rnneberad 1 through 1 hclu$tM and (2) tple to ag matanak and equipment klwrporated In acid Wbrk or odrerwlse listed In or
eovared by this Apocatlon for Payment w111 pass to OWNER at bme of payment free and dear of ap Ilene, claims, sacurny and ancumbraneea (except
such as Covered by Bond aeeeptabie to OWNER).
6y
R.P. Utilities, Inc.
PA96215.x1s Page 1
SEP.12.1997 9:-EaM SWK
NO.017 P.3/4
APPLICATION FOR PAYMENT NO. 2
To(OWNER):
Contract for.
Project No.:
Contract Date:
For work accomplished through:
Little Mountain Development, LLC
Faifleld Addition
96215
May 29, 1997
September 6, 1997
ITEM
ITEM
UNIT
UNIT
EST.
ACTUAL
TOTAL
NO.
PRICE
QUANT.
QUANT.
1
CLEARING & GRUBBING
AC.
$2,500.00
0.40
0.40 $
1,000.00
2
REMOVE EXISTING FENCE
L.F.
0.50
375.00
375.00
187.50
3
SAWCLT EXISTING BITUMINOUS
L.F.
3,00
36.00
-
4
ADJUST MANHOLE CASTING
EACH
250.00
1,00
-
5
COMMON EXCAVATION
L.S.
45,100.00
1.00
1.00
45,100.00
6
SUBGRAOE EXCAVATION
C.Y.
2,00
2,240,00
12.963.00
25,926.00
7
SUBGRADE GRANULAR BORROW (LV)
C.Y.
5.45
3,140.00
-
8
AGGREGATE BASE, CL..5
C.Y.
7.25
3,059.00
-
9
BITUMINOUS BASE COURSE
* TON
23.00
840.00
-
10
BITUMINOUS WEAR COURSE
* TON
24.50
505.00
-
11
CONCRETE CURB & GUTTER
L.F.
5.90
3,025.00
-
12
12" RC PIPE SEWER, DES 3006, CL III
L.F.
20.50
94.00
74.00
1,517.00
13
18" RC PIPE SEWER, DES 3006, CL 111
L.F.
23.50
324.00
324.00
7,614.00
14
21" RC PIPE SEWER, DES 3006, CL III
L.F.
25.50
752.00
752.00
19,176.00
15
12" RC PIPE APRON w/TRASH GUARD
EACH
600.00
2.00
2.00
1,200.00
16
21" RC PIPE APRON w/TRASH GUARD
EACH
900.00
1.00
1.00
900.00
17
CATCH BASIN, 27" PRECAST
EACH
700.00
2.00
2.00
1,400.00
18
CATCH BASIN, 48" PRECAST
EACH
900.00
5.00
5.00
4,500.00
19
RANDOM RIPRAP, CL.11
TON
30.00
15.00
20.00
600.00
20
10" PVC SANITARY SEWER (8'-101
L.F.
16.00
200.00
200.00
3,200.00
21
10" PVC SANITARY SEWER (10'-12)
L.F.
18.00
553.00
553.00
9,954.00
22
10" PVC SANITARY SEWER (12'-14)
L.F.
20.00
375.00
375.00
7,500.00
23
10" PVC SANITARY SEWER (14'-16)
L.F.
22.00
350.00
350.00
7,700,00
24
10" PVC SANITARY SEWER (16-18)
L.F.
25.00
50.00
50.00
1.250.00
25
STANDARD SANITARY MANHOLE
EACH
1,000.00
6.00
6.00
6,000.00
26
EXCESS SANITARY MANOLE DEPTH
L.F.
75.00
29.00
27.00
2,025.00
27
CONNECT TO EXISTING MANHOLE
EACH
350.00
1.00
1.00
350.00
28
10" x 4" PVC WYE
EACH
50.00
24.00
24.00
1,200.00
29
4" PVC SERVICE PIPE
L.F.
8.00
910.00
886.00
7,086.00
30
4" PVC CLEANOUT
EACH
150.00
1.00
1.00
150.00
31
5' PVC C-900 WATERMAIN
L.F.
8.00
55,00
56.00
448.00
32
8" PVC C-900 WATERMAIN
L.F.
11.50
1,520.00
1,520.00
17,480.00
PA96215.XIs
Page 2
SEP.12.1997 8:26AM BW<
NO. 017 P.4/4
ITEM
ITEME
UNIT
UNIT
EST.
ACTUAL
TOTAL
NO.
PRICE
QUANT.
QUANT.
33
6" GATE VALVE & BOX
EACH
550.00
4.00
4.00
2,200.00
34
8" GATE VALVE & BOX
EACH
700.00
4.00
4.00
2,800.00
35
5" HYDRANT
EACH
1,300.00
4.00
4.00
5,200.00
36
FITTINGS
LBS,
1,50
680,00
665.00
997.50
37
1' CORPORATION W/ SADDLE
EACH
50.00
24.00
24.00
1,200.00
38
1` CURB STOP & BOX
EACH
70.00
24.00
24.00
1,680.00
39
1' COPPER SERVICE PIPE
L.F.
9.00
900.00
884.00
7,956.00
40
CONNECT TO EXISTING WATERMAIN
EACH
350.00
1.00
1.00
350.00
41
6" HOPE DRAIN PIPE
LF.
6.00
1,335.00
SEE CO#2
-
42
CONNECT TO EXISTING FIELD DRAIN TILE
EACH
360.00
1.00
1.00
350.00
43
SEED, FERT., MULCH & DISC ANCHOR
AC.
1.000.00
0.80
-
44
SODDING
S.Y.
3.50
100.00
-
45
STANDARD BARRICADES
EACH
300.00
6.00
-
46
SILT FENCE
L.F.
2.00
1,500.00
1,500.00
3,000.00
*** CHANGE ORDER NO. 1 *"*
• REFLECTS CHANGE ORDER NO. 1
*" CHANGE ORDER NO.2 **'
201
6" HOPE DRAIN PIPE
LF.
6.00
715.00
715.00
4,290.00
202
$' HOPE DRAIN PIPE
L.F.
6.50
620.00
620.00
4.030.00
203
4" RISER PIPE
L.F.
4.00
75.00
75.00
300.00
204
8" x 4" TEE
EACH
86.00
8.00
6.00
510.00
205
6" x 4" TEE
EACH
75.00
6.00
7.00
525.00
***CHANGE ORDER NO.3 ***
301 COMMON BORROW ON SITE
*** CHANGE ORDER NO.4;*'
401 COMMON BORROW OFF SITE
C.Y. 2.70 7,000.00 18,900.00
C.Y. 4.10
TOTAL TO DATE
$ 252,354.00
PA96215.x1s Page 3
=SEN
4b
MEMORANDUM
:3 Sr.. PAUL, MN ❑ MINNEAPOLIS, MN ■ ST. CLOUD, MN ❑ CHIPPEWA FALLS, W1 ❑ MADISON, WI 0 LAKE COUNTY, IN
TO: Garrison L. Hale
City Administrator
Albertville, Minnesota
FROM: Peter J. Carlson, P.E.
City Engineer
DATE: October 2, 1997
RE: Cost Estimate for Concrete Curb Replacement
Kalenda Court
Albertville, Minnesota
SEH No. A-ALBEV9801.00
I have estimated the cost of concrete curb replacement around the cul-de-sac of Kalenda Court as
follows:
1. 200 LF of curb removal @ $4.00/LF —
$800.00
2. 200 LF of curb replacement @ $11.00/LF =
$2200.00
3. 60 SY of driveway apron removal @ $5.00/SY =
$300.00
4. 60 SY of driveway replacement @ $30.00/SY =
$1800.00
TOTAL =
$5100.00
I have spoken to a couple of contractors who have said that they are very busy and are not sure if
they could fit the work in their schedule this year.
I also spoke with Thore Meyer, the project engineer during construction of Kalenda Court. Thore
said that he had no records regarding why the street grade was changed. He indicated that he recalls
the change was necessary to better fit the surrounding area, in particular the parking lot to the east.
Please call me if you have any questions.
c: Linda Houghton, City Clerk
G \OFF\PERS\CARLSON%KALENDA, WPD
An Affirmative Action.
Equal opportunity limployer
C3
eN
C:54-C"
A^
Fort
S-3S7
T!` Gc c k (, v
3 1
6
165.
tP S D.
p i
OG
SU
_ Qo
3 �75 Q o
Low Lek
y
jAl
0
Ae -} o 4-a f ire 4)'
eApreSS O u.r a ppr@Lia.��0'+'1 0 LA� C, eA.wr C,
lk v e h e W o r C rBJw �o �JSPenc�
c,4- your A9Q^C-
P l e a s e k e e- p
Pro je,-E5
-T'h 0. n k g %a-9c', n,
/%� Crew Card ina.-�or
i;
-1� Crew �.eadtf
N FPFNCFNT S01001, I)ISI HICF
�
September 18, 1997
Dear Sirs:
The traffic by the Albertville Primary is very heavy on Main Avenue due to
the construction on county 19. Safety of our Albertville students who
walk and need to cross Main Avenue is a big concern. Our adult crossing
guard indicates the traffic appears to be moving at higher speeds than
ever.
Once the construction is over, we will be concerned about darkness as our
school starting time moved from 8:15 to 7:45 a.m.
We would appreciate a reduction in the speed limit from 30 to 20 miles
per hour when school is in session. I have also viewed such signs that had
yellow lights around them.
Thanks for your consideration.
Sincerely,
Bernard Burke, Principal
Albertville Primary
cc: Mr. De Matteis
District Office: 11343 50th Street N.E., Albertville, MN 55301 • Phone: (612) 497-3180 Fax: (612) 497-4955
5975 Main Avenue ME
P.O. Box
Albertville, MN 5530
(612) 497-338,
s B v
Fax: (612) 497-3211
1
FAX TRANSMISSION COVER SHEET
F,K
TO (NAME) : John Weicht 7 L[I ^ �� '74
ORGANIZATION• School Street. Development
FROM: G.L. Hale,
DATE: October 1, 1997
SUBJECT: Drainage - Westwind 3rd Addn (Your vacant lot)
None Pages to follow including cover sheet
COMMENTS: I was recently informed that the pond at the
back part of your lot is not draining. Have you cleared the
clog from the culvert? Please let me know. The pond needs to be
drained for the winter:
cc: Radwill & Couri, Attorneys at Law Dominion M:gmt Co. `76e 0,4 Nlt'
If you do not receive all of the pages, please call � all��� Cl� �7�-3
1
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G-1
Schedule F G a m b l i n g F u n d R e c o n c i l i a
t i o n
------------------------------------------------------------------------------------
Organization name License numb-er Mont
y i7_re
an ear re orte on
— ----
tfiis corm
Minnetonka Yoiture 1281 04617
8/1997
Y-ourG-----am--bli----ngc—ki-ng-------account.------------------------------------------____-----------_-------------
hec
1
Total of end -of -the month checking account balance from bank statments.
1 __________8,551_87_
2
Total of your checking account deposits in transit. This is the total of your
line
2
518.00_
deposits made during the month which are not included in the amount on 1)
3
Add lines 1 and 2
3
— 9.069.87
4
Total of your checks outstanding - uncashed checks written at anytime
prior to the end of the month but not included in the amount on line 1 above.
4
959_61_
5
Subtract line 4 from line 3. This is your reconciled bank
balance. Also list this amount on line 45 of your form g-1
5
8,110,26_
Additions: other gambling funds not included in your checking account.
6
Total cash in starting banks for games at the end of the month.
6
1,200 00
1
Dollar amount of your inventory on the last day of
the month. (from line 21 of this month's form G-1)
7
—426.18_
8
Cash received but not deposited during the month from sales of games
reported on form G-1. Do not list amounts you included on line 2 above
8
0.00
9
Total of amounts in savings accounts, certificates of
deposit, mutual funds and other negotiable instruments
9 ........15,657.55_
10
Amount of required reimbursement for excess
cash short (from line 34 of your form G-1)
10-----------_-0.00
11
Total of other additions not in Your account, including fund loss from
form LG-250 not yet approved. (Attach a description of each amount).
11 ----------
0.00
12
Add lines 6 through 11.
12 _—_—___17,283_73__
13
Add line 5 and line 12. This is your gambling fund balance before
subtracting obligations and receipts from games not closed.
13
25,393.99_
Subtractions: unpaid obligations and receipts from games not closed.
14
Total of tax listed on line .13 (or earlier, line 15) of all forms G-1 since be-
ginning gambling activity that remains unpaid at the end of this month
14-----------
1.77
15
Total receipts deposited during the month from games still in play at the
end of the month and not included in amounts listed on your form G-1.
15
0_00
16
Total owed at end of the month for loans made to the gambling fund
from any source (include loans from organization's general fund)
16
0_00_
17
Total cost of games, including the sales tax, listed on distributors'
invoices which was unpaid at the end of the month
17 -----------__0_00_
18
Total of other subtractions (You must attach a detail-
ed description of each amount included in this total.)
18 ______________0_00_
19
Add lines 14 through 18
14 ______________1-_--
Reconcillation
20
Subtract line 19 from line 13. This is your gambling fund balance
20 _— ......
25,392_^=_
21
Amount of your profit carryover (from line 44 of this month's form G-1)
21 ---------
25 392_2_
22
If line 20 is more than line 21 subtract line 21 from line 20. Fill in the result
here and on
line 46,
form G-1. This menas your gambling fund balance is greater than your profit carryover.
If line 20 is less then line 21, subtract line 20 from line 21. fill in result in
parentheses
here and
on line 46, form G-1. This means your gambling fund balance is less then your profit
carryover
22----__-_____-0_
_
---- ----------------- ----- - - - ---------------------
Name oI person wfio repared tfiis scfiedule Name o company paid preparer
�c,
Date
-------- ---------------------
Pfione nu ber
q.s �
CM �,,fn�
�t—�_z�_
_---------------
---------------------------------------------e
_ _ _
------- - - y
Be sure to attacfi tfiis scfieduIe to your montfily
summary --
summary and
---�------____
tax return.
$urething
Soft4ara
6001060
(10/94j
Form G-1
Minnesota Department of Revenue
Monthly Lawful Gambling Activity
Summary
and
Tax Return
------------------------------------------------------------------------------------------------------------------------------------
Organization
license number Month and year reported
Number
of premises
04617 8/1997
2
-------------------------------------------------------------------------------------------------------------------------------------
Organization
name Address (street)
City
State
Zip code
Minnetonka
Voiture 1281 260 4th Ave SE
Osseo, MN
55369
------------------------------------------------------------------------------------------------------------------------------------
Number
of pulltab, tipboard, and paddleticket Check if:
this is an
11
amended return
have you an
extension to file
games
reported on schedule 8-2s for the month: 9
you had no
gambling activity
this is your
final return
-------------------------
This
I-----------------------------------------------------------------------------------------------------------
summary and tax return includes (check): [ ] Scehdule A
[ ] Schedule
B [ ] Schedule B-2
[ J Schedule E
[ ] Schedule
Fill
in number of pages below each schedule:
-------------------------------------------------------------------------------------------------------------------------------------
column
column
column
_A
gross receipts
_8
prizes
_C
net receipts
I
Bingo
1
0.00
0.00
0.00
2
Raffles
2
0.00 _
0.00
0.
3
Paddletickets
3 --------------
0.00
0 00_
0_00_
4
Income from interest and dividends fill
in same amount in both columns A an C)
4 ...........-11.18_
—______—__11.18_
5
Add lines I through 4
5
—-----------
_11_18_
6
If line 7c of last month's schedule A is a negative num-
ber, list it (without parentheses) in columns A and C
6 ------
---__0.00
---
__________0_rr,
7
Subtract l 5. If you did not fill in
amountsonline 6, fall in amounts from line 5.
7
_11.1B_
0.00_
1 11=_
8
Tipboards
8
0_00
__-0_00_
0_00_
9
Pulltabs
9 .........22,181.00_
17,892 00_ _
___4,28904_
10
Add lines 7 through 9. The amount you list in
Column C is your gross profit for the month
10
— ------ 22,192.18_ ___—_17,89200
---------4,300_i8_
11
Multiply line 7C by „10 (10%) and fill in the result.
(if line 7C is a negative number, fill in zero here.)
11 _____
--------- 1_1=_
12
Fill in the amount of combined receipts tax, if any, from line 9 of schedule E
12 ____
-________0_00_
13
Add lines 11 and 12 and PAY THIS AMOUNT. (Make your check out to Department of Revenue)
13 ...
1 1=_
14
Total of the 2 percent tax listed on distributors' invoices
for
14
pulltabs and tipboards you paid, if any, during the month
-------
_____508_6=_
15
Add lines 13 and 14, and fill in the total here
15 _____509_76_
16
Subtract line 15 from line 10C. Fill in the result here and also on line
17 on the back of
this form, This is 'the amount of your GROSS PROFIT - after
state taxes -
for the month.
16 ---------3,790_—
I declare that all information on this summary and tax return is true, correct and complete.
-------------------------------------------------------------------------------------------------------------------------------------
Signature of chief executive officer Date SiVgture of ambling Zmnager Date
! Z_ f-7
--------T=---g------------------------------------------------------------------T--- ----la tax - ---
Preps si na a Date Ph ne number Preparers Minnesota tax ID number
-------------- -/ Z �Z--------lo/a �13-s c �. _ l 93 �m t I
- -------------------- ---- ---------------------
Mail this summary and tax return and attachments to
Minnesota Department of Revenue, Mail Station 3350. St. Paul, MN 55146-3350
No.6001000 (01/13/97) $urething Software
17 Fill in the amount from line 16 on the front of this form .
18 Beginning inventory of gambling product (from line 21 of last month's schedule A) .
19 Cost of gambling product obtained during the month. (Include sales
tax, but do not include the 2 percent tax listed on distributors' invoices) .
20 Add lines 18 and 19
21 ending inventory of gambling product (dollar value on the last day of month).
22 Subtract line 21 from line 20. The result is the total dollar
Value of the gambling product you sold during the month
23 Amount paid for compensation and payroll taxes.
24 Penalty and interest you paid during the month on any taxes, including payroll taxes, that
you listed on any form G-1 and on any schedule C since beginning gambling activities
25 Amount paid for advertising .
26 Amount paid for accounting services for preparation of monthly lawful gambling
tax forms and for your annual financial audit review, and for qualifying legal work
27 Amount paid for bank service charges; office supplies; lodging, meals and transportation
for lawful gambling classes conducted by state agencies; and miscellaneous expenses
28 Amount paid to purchase and/or repair office furnishings and office equipment
used for gambling, and to purchase and/or repair devices used for gambling
29 Amount paid for rent for conducting lawful gambling .
30 Amount paid for utilities used for conducting lawful gambling
31 Amount paid during the month for theft insurance and the amount
you are permitted to list for liability insurance paid during the month
32 Amount paid during the month for local government investigation fee,.and new or
renewed: gambling manager's bond, gambling managers license and premise permits
33 Cash short or long. (If long, put parentheses around the amount)
34 Amount of reimbursement for excess
cash short. (This is a negative amount).
35 Amount of reimbursement for negative expense
calculation. (This is a negative amount)
36 Add lines 22 through 35. This is your TOTAL ALLOWABLE EXPENSES for the month
3 line 36 from line 17 above. This is your
ET PRO for the month - after state taxes
38 Fill in the amount of your profit carry-over from line 44 of last month's form G-1.
39 Approved adjustments,. (Attach state agency letter of approval.) Also, if you listed
an amount on line 6C above, include it as a positive number in the amount you list here .
17 --------
3 790_42_
18
493.95_
19
352_13_
20
846_08_
21
425618_
22------------419.90_
23 2 557.46_
24 0.00_
25 _-----0-_-00-
26 50_00_
27 426.62
28------ __445.00
29 225.00_
30---------0_00-
31 0_00_
32------------_0_00_
33-------------9_00_
34 _j _-----0_0=-
35 �------0_00
36----------4113298_
37 -------342.56
38 �251734.78_
39 _-----------0. 10-
40 25 392.22
40
Add lines 37 through 39
_—---- __1___-_--
41
Lawful purpose expenditures
(from line 11 of form
LG1010 schedule C/D).
41 0.00
42
Board -approved expenditures
(from line 12 of form
tG1010 schedule C/D).
42 ------------ _4_0=_
43
Add lines 41 and 42
--------MCI
44
Subtract line 43 from line 40.
This is the amount
of your PROFIT CARRY-OVER
for the month
(line 45 hes been eliminated
from form G-1)
44 ----
--_25.392.22_
46
From line 22 of schedule F,
fill in the difference
between your gambling
fund balance and your profit
carryover (include parentheses,
if any).
46
w----- 0_00_
47
Total dollar value of unsold
tickets from pulltab
and tipboard
games reported on schedule 8_2s
for the month
47 _______r5i940
00_
$urething Software
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REPORT OF INVENTORY Minnetonka Voiture 1281 PAGE
FROM 01/01/90 TO 08/31/97
FOR ALL SITES
GAME NAME PART # IN'V # MID DID SERIAL PURCHASE GAME CO`:
-----------------------------------------------------------------------------
*** FOR KD'S
BAR &
RESTAURANT**
FOR PULL -TAB
BIG CHERRIES
3854-MN
602222
TP
0046
601149
07/15/97
43 1'
CASABLANCA
3253
601956
GT
0046
828078
07/01/97
44.0:
GREAT 8'S
P4898
56597
AI
0078
040013
08/15/97
41.T-
GREAT 8'S
P4898
56597
AI
0078
640029
08/15/97
41.5`=
GREAT 8'S
P4898
56597
AI
0078
940041
08/15/97
41. '
QUANTUM
3106
602222
GT
0046
643324
07/15/97
45.5,
QUANTUM
3106
602222
GT
0046
643SOS
07/15/97
45.5:
ROLLIN THUNDER
P4743
56597
AI
0078
290235
08/15/97
41.0-
ROLLIN THUNDER
P4743
56597
AI
0073
390244
08/15/97
41.0
ROLLIN THUNDER
P4743
56597
AI
0078
590237
08/15/97
41.0-,
TOTAL OF PULL -TAB
426.1<-
*** TOTAL OF SITE
KD'S BAR
& RESTAURANT
426.0'':
*** TOTAL OF ALL SITES 426•_?
At I W-me �10 &frA -rf
STATEMENT
DATE : 08/31/97
ENTRIES LISTED:
TOTAL DEPOSITS -----------:
4555.42
TOTAL CHECKS-------------:
-745S.57
BALANCE FROM STATEMENT
BALANCE -------------:
8551.87
THESE ARE NOT ON THIS
STATEMENT
TOTAL DEPOSITS -----------:
518.00
TOTAL CHECKS-------------:
-959.61
THIS IS YOUR ACTUAL BALANCE: 8110.26
STATEMENT REPORT FOR August 31, 97
PAGE # 1
CHECK
DATE
PAYEE
AMOUNT
5558
07/01/97
OFFICE MAX
-26.05
6018
07/24/97
TIFFANY HAYES
-139.91
6022
07/30/97
BASS GAMBLING
-866.61
6022
07/31/97
BASS GAMBLING
-1434.45
6023
08/01/97
VETSCH CABINETS
-425.00
6024
08/01/97
BEST BUSINESS SYSTEMS
-426.00
6025
08/01/97
KAREN CORWIN
-225.00
6026
08/04/97
EZY TAX SERVICES
-50.00
6027
08/06/97
EMIL SULANDER
-98.84
6028
08/06/97
GEORGE B STUBBS
-246.36
6029
08/06/97
KATHY GUDERIA
-145.17
6030
08/06/97
TIFFANY HAYES
-159.14
6031
08/06/97
TRACY VOLBRECHT
-86.66
6032
08/06/97
NICOLE WELTON
-182.47
6034
08/13/97
OFFICE MAX
-5.93
6035
08/14/97
H & W SPECIALTIES
-20.00
6036
08/14/97
CASH/GAMES
-381.00
6038
08/21/97
GEORGE B STUBBS
-231.62
6039
08/22/97
KATHY GUDERIA
-105.28
6040
08/22/97
TIFFANY HAYES
-67.60
6041
08/22/97
TRACY VOLBRECHT
-128.43
6042
08/22/97
NICOLE WELTON
-118.03
6043
08/22/97
JULEEN KOLLES
-119.87
6044
08/28/97
HIGHLAND BANK
-769.15
AU-1
08/04/97
DEPOSIT
858.00
AU-2
08/07/97
DEPOSIT
550.00
AU-3
08/13/97
DEPOSIT
670.00
AU-4
08/16/97
DEPOSIT
572.00
AU-5
08/22/97
DEPOSIT
625.00
AU-6
08/23/97
DEPOSIT
620.00
AU-7
08/29/97
DEPOSIT
248.00
Cashier
07/15/97
BOARD OF GOVERNORS -BIG IS
-1000.00
Highlan
08/29/97
CHECKING INTEREST
8.75
J-11
07/31/97
DEPOSIT
389.00
THERE ARE 34 STATEMENTS ON THIS LISTING
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G -1 Schedule F G a m b l i n g F u n d R e c o n c i l i a t i o n
-----r---�--------------------------------T----_--_ -----_ ---
Organization name License nux6er Mont a-fi"nd year roported on t—Fiis orm
Minnetonka Voiture 1281 04617 7/1997
lour �aabTing checking ac`counI--____________--_____—_
1 Total of end -of -the month checking account balance from bank statments. 1 10,736,97_
2 Total of your checking account deposits in transit. (This is the total of your
deposits made during the month which are not included in the amount on line 1) 2—�_--__389.00_
3 Add lines 1 and 2 3 11 125.97
4 Total of your checks outstanding - uncashed checks written at any time
prior to the end of the month but not included in the amount on line 1 above.
5 Subtract line 4 from line 3. This is your reconciled bank
balance. Also list this amount on line 45 of your form g-1
Additions: other gambling funds not included in your checking account.
6 Total cash in starting banks for games at the end of the month.
7 Dollar amount of your inventory on the last day of
the month. (from line 21 of this month's form G-1)
8 Cash received but not deposited during the month from sales of games
reported on form G-1. Do not list amounts you included on line 2 above
9 Total of amounts in savings accounts, certificates of
deposit, mutual funds and other negotiable instruments
10 Amount of required reimbursement for excess
cash short (from line 34 of your form G-1)
11 Total of other additions not in your account, including fund loss from
form LG-250 not yet approved. (Attach a description of each amount).
12 Add lines 6 through 11,
13 Add line 5 and line 12. This is your gambling fund balance before
subtracting obligations and receipts from games not closed.
Subtractions: unpaid obligations and receipts from games not closed.
14 Total of tax listed on line 13 (or earlier, line 15) of all forms G-1 since be-
ginning gambling activity that remains unpaid at the end of this month
15 Total receipts deposited during the month from games still in play at the
end of the month and not included in amounts listed on your form G-1.
16 Total owed at end of the month for loans made to the gambling fund
from any source (include loans from organization,
s general fund)
17 Total cost of games, including the sales tax, listed on distributors'
invoices which was unpaid at the end of the month .
18 Total of other subtractions (You must attach a detail-
ed description of each amount included in this total.)
19 Add lines 14 through 18
4 —_ 2,440.97_
5 _ _8,685.00_
6 —__ 900_00_
7 — 493.95
8 0.00
9 15,656 69
10 _ _0.00_
11 _ 0.00_
12 17 05064_
13 _ 25,735.64_
14 0.86
15 0.00
16 0.00_
17 0.00
180,00_
19 ____--------0.8A
Reconcillation
20 Subtract line 19 from line 13. This is your gambling fund balance
21 Amount of your profit carryover (from line 44 of this month's form G-1)
22 If line 20 is more than line 21 subtract line 21 from line 20. Fill in the result here and on line 46,
form G-1. This menas your gambling fund balance is greater than your profit carryover.
If line 20 is less then line 21, subtract line 20 from line 21. fill in result in parentheses here and
on line 46, form G-1. This means your gambling fund balance is less then your profit carryover
20 25,734.78_
21 25.734.78_
22 ---_0_00-
Name of person wrjo,,prepared this schedule Name of company it paid preparer Date Phone numoer
17
-8e sure to attach tfiis-scfie3ure to your montfiIy summary n tax return.
6001060 (10/94) Surething Software
Form G-1
Minnesota Department of Revenue
Monthly Lawful
------------------------------------------------------------------------------------------------------------------------------------
Gambling
Activity
Summary and
Tax Return
Organization license number
Month and year reported
Number
of premises
04617
------------------------------------------------------------------------------------------------------------------------------------
7/1997
2
Organization name
Address
(street)
City
State
Zip cod:
Minnetonka Voiture 1281
------------------------------------------------------------------------------------------------------------------------------------
260 4th
Ave SE
Osseo, MN 55369
Number of pulltab, tipboard,
and paddleticket
Check if:
11
this is an amended return
( have you an
extension to fit=
games reported on schedule 6-2s
------------------------------------------------------------------------------------------------------------------------------------
for the month:
10
you had no gambling activity
t this is your
final return
This summary and tax return
includes (check):
[ ] Scehdule A [
) Schedule B [ ] Schedule B-2
[ ) Schedule E
( ] Schedule F
Fill in number of pages below
each schedule:
1 Bingo
2 Raffles
3 Paddletickets
4 Income from interest and dividends (fill
in same amount in both columns A and C) ,
5 Add lines 1 through 4 .
6 If line 7c of last month's schedule A is a negative num-
ber, list it (without parentheses) in columns A and C
7 Subtract line 6 from 5. If you did not fill in
amounts on line 6, fill in amounts from line 5.
column A column 8 column C
gross receipts prizes net receipts
0.00 — 0.00 _ 0.00_
2 0.00 0.00 0.00
3 _--_---_ 0.00 _--_ —0_00 0.00_
4 6.48 6.48
5 6.48 0.00 ---�6.48_
6 0.00 0=00_
7----------- -6.48- ---- -0.00--------6.48-
8 Tipboards 8 __________ _w—_— 0.00 _---____-0_00_
9 Pulltabs 9 ........ 26,125_00_ 21 455.00 __—w 4,670,00_
10 Add lines 7 through 9. The amount you list in
Column C is your gross profit for the month 10 26.131.48 21.455.00 _ 4.676�48_
11 Multiply line 7C by .10 (10%) and fill in the result.
(if line 7C is a negative number, fill in zero here.) 11 0.65_
12 Fill in the amount of combined receipts tax, if any, from line 9 of schedule E 12 _ —� 0.00_
13 Add lines 11 and 12 and PAY THIS AMOUNT. (Make your check out to Department of Revenue) 13 —� 0,65_
14 Total of the 2 percent tax listed on distributors' invoices for
pulltabs and tipboards you paid, if any, duping the month 14 1.298.20_
15 Add lines 13 and 14, and fill in the total here 15 W 1.298.85_
16 Subtract line 15 from line 10C. Fill in the result here and also on line 17 on the back of
this form. This is the amount of your GROSS PROFIT - after state taxes - for the month. 16 — 3,377.63_
I declare that all information on this summary and tax return is true, correct and complete.
------------------------------------------------------------------------------------------------------------------------------------
Signature of chief executive officer Date ' ature Qf ga blin9 onager Date
{'�epar signal �� a one nu er ____Treparer s R nneso a ax num�e_r
Mail this summary and tax return and attachments to
Minnesota Department of Revenue, Mail Station 3350. St. Paul, MN 55146-3350
No.6001000 (01/13/97) $urething Software
17 Fill in the amount from line 16 on the front of this form .
18 Beginning inventory of gambling product (from line 21 of last month's schedule A) .
19 Cost of gambling product obtained during the month. (Include sales
tax, but do not include the 2 percent tax listed on distributors' invoices) .
20 Add lines 18 and 19
21 ending inventory of gambling product (dollar value on the last day of month).
22 Subtract line 21 from line 20. The result is the total dollar
Value of the gambling product you sold during the month
23 Amount paid for compensation and payroll taxes.
24 Penalty and interest you paid during the month on any taxes, including payroll taxes, that
you listed on any form G-1 and on any schedule C since beginning gambling activities
25 Amount paid for advertising .
26 Amount paid for accounting services for preparation of monthly lawful gambling
tax forms and for your annual financial audit review, and for qualifying legal work
27 Amount paid for bank service charges; office supplies; lodging, meals and transportation
for lawful gambling classes conducted by state agencies; and miscellaneous expenses
28 Amount paid to purchase and/or repair office furnishings and office equipment
used for gambling, and to purchase and/or repair devices used for gambling
29 Amount paid for rent for conducting lawful gambling .
30 Amount paid for utilities used for conducting lawful gambling
31 Amount paid during the month for theft insurance and the amount
you are permitted to list for liability insurance paid during the month
32 Amount paid during the month for local government investigation fee, and new or
renewed: gambling manager's bond, gambling managers license and premise permits
33 Cash short or long. (If long, put parentheses around the amount)
34 Amount of reimbursement for excess
cash short. (This is a negative amount).
35 Amount of reimbursement for negative expense
calculation. (This is a negative amount)
36 Add lines 22 through 35. This is your TOTAL ALLOWABLE EXPENSES for the month
31 Subtract line 36 from line 17 above. This is your
NET PROFIT for the month - after state taxes
38 Fill in the amount of your profit carry-over from line 44 of last month's form G-1.
39 Approved adjustments. (Attach state agency letter of approval.) Also, if you listed
an amount on line 6C above, include it as a positive number in the amount you list here .
40 Add lines 37 through 39
41 Lawful purpose expenditures (from line 11 of form LG1010 schedule C/D).
42 Board -approved expenditures (from line 12 of form LG1010 schedule C/D).
17 --� 31377.63_
18 _ 0.00_
19 --1.002.86_
20 1 002_86_
21 493_95_
22 508_91_
23 —_ �879_01_
24-- 0.00
25 0_00_
26 —__ 50.00_
27 195.25
28 639.07_
29 225.00
30 _ 0.00_
31 -- 0_00_
32 0_00-
33 _ 9900_
34 0.00
35 35 �
0.00
36
37
871.39
38 _
25.863.39_
39
0.00_
40
261134_78_
41
—_1.000.00_
42
-------0 `'0
43
1 non 00
43 Add lines 41 and 42 ________L _
44 Subtract line
43 from line 40. This is the amount of your PROFIT CARRY-OVER for
the month
(line
45 hes
been eliminated
from form G-1)
44 _— 25734.78
46 From
line 22
of schedule F,
fill in the difference between your gambling
fund
balance
and your profit
carryover (include parentheses, if any
46--_—__—__ 0.00
47 Total
dollar
value of unsold
tickets from pulltab and tipboard
games
reported
on schedule B_2s
for the month
47 _____--_4 736.00
Surething Software
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9
I/o1T-LJ/ZI5-
STATEMENTS
DATE : 07/31/97 /Tn�
ENTRIES LISTED:
TOTAL DEPOSITS -----------: 11280.00
TOTAL CHECKS-------------:-2369.70
BALANCE FROM STATEMENT
BALANCE -------------: 10736.97
THESE ARE NOT ON THIS STATEMENT
TOTAL DEPOSITS -----------: 389.00
TOTAL CHECKS-------------:-3467.02
THIS IS YOUR ACTUAL BALANCE: 7658.95
0
STATEMENT REPORT FOR July 31. 97
PAGE # 1
CHECK
DATE
PAYEE
AMOUNT
5556
06/24/97
ALL AMERICAN FLAGS
-120.00
6002
07/01/97
MENARDS
-201.29
6003
07/01/97
TARGET
-37.85
6005
07/01/97
KAREN CORWIN
-225.00
6006
07/03/97
BERNE SCALE
-12.78
6007
07/03/97
VETSCH CABINETS
-425.00
6008
07/08/97
POSTMASTER
-15.10
6009
07/16/97
KINKO'S
-9.80
6010
07/21/97
OFFICE MAX
-3.77
6011
07/24/97
EMIL SULANDER
-89.85
6012
07/24/97
EZY TAX SERVICES
-50.00
6013
07/25/97
MINN U_C. FUND
-5.87
6014
07/25/97
INTERNAL REVENUE SERVICE
-68.95
6015
07/25/97
MN DEPT OF REVENUE
-11.00
6016
07/24/97
GEORGE B STUBBS
-378.60
6017
07/24/97
KATHY GUDERIA
-72.03
6019
07/24/97
TRACY VOLBRECHT
-103.82
6020
07/24/97
EMIL SULANDER
-98.83
6021
07/25/97
POSTMASTER
-12.83
6024
08/01/97
BEST BUSINESS SYSTEMS
-426.00
CHE
05/30/97
CHECKING INTEREST
0.19
CHE
06/30/97
CHECKING INTEREST
1.33
CHE
06/30/97
CHECKING INTEREST
-1.33
CHE
07/31/97
CHECKING INTEREST
6.48
J-1
07/07/97
DEPOSIT
425.00
J-10
07/30/97
DEPOSIT
552.00
J-2
07/02/97
DEPOSIT
7000.00
J-3
07/09/97
DEPOSIT
423.00
J-4
07/14/97
DEPOSIT
391.00
J-5
07/14/97
DEPOSIT
573.00
J-6
07/21/97
DEPOSIT
443.00
J-7
07/21/97
DEPOSIT
419.00
J-8
07/22/97
DEPOSIT
504.00
J-9
07/25/97
DEPOSIT
542.00
THERE ARE 34 STATEMENTS ON THIS LISTING
REPORT OF INVENTORY Minnetonka
Voiture 1281
PAGE
FROM 01/01/90 TO
07/31/97
FOR ALL SITES
GAME NAME
-----------------------------------------------------------------------------
PART #
INV #
MID
DID
SERIAL
PURCHASE
GAME COST
*** FOR KD'S
BAR &
RESTAURANT
***
FOR PULL -TAB
BIG CHERRIES
3854-MN
602222
TP
0046
601146
07/15/97
43.11-
BIG CHERRIES
3854-MN
602222
TP
0046
601149
07/15/97
43.1`::
CARIBBEAN STUD
p4787
601956
AI
0046
110017
07/01/97
45.8"
CASABLANCA
3253
601956
GT
0046
828078
07/01/97
44.0=
CASABLANCA
3253
601956
GT
0046
828079
07/01/97
44.0=
QUANTUM
3106
602222
GT
0046
643324
07/15/97
45.5C
QUANTUM
3106
602222
GT
0046
643508
07/15/97
45.5C
QUANTUM
3106
602222
GT
0046
643510
07/15/97
45.5(
QUANTUM
3106
602222
GT
0046
643511
07/1$/97
45.5C
ROLLING THUNDER
p4743
601956
AI
0046
390257
07/01/97
45.S--ROLLING
THUNDER
p4743
601956
AI
0046
590256
07/01/97
45.8_E;
TOTAL OF PULL -TAB
493.9=
*** TOTAL OF SITE
KD'S BAR
& RESTAURANT
493.95
*** TOTAL OF ALL
SITES
493.9_