1997-10-20 CC Agenda/Packet" 0o
AGENDA
October 20, ;L997
7:00 PM
1. CALL TO ORDER/ROLL GALL/ADOPT AGENDA
(Mayor/Clerk/Counci.l )
2. MINUTES (Council)
October 6, 1997, Regular Meeting
3. AUDITING CLAIMS (council)
Check #'s 1.1265 - 11288
4. CITIZEN FOR,U,11 - 10 minute Limit
5. CONSENT AGINDA [ * 1 (council)
a. Revenue/Expenditure Report: (September)
b. Approve Certificate of Correction to the Plat of
Fairfield
C. WWTF Monthly Operations Report (September 1997)
d. Renewal of lease agreement for agricultural land by
WWTF to Zimmer Brothers
e. Schedule Final Budget Meeting for November 17, 1997, at
6:00 PM
f . Schedule 'Special Council Meeting for purpose of Economic
Development Workshop - November ??, 1997
6. DEPARTMENT BUSINESS
a. LEGAL
1)
Franklin Outdoor Sign
-• Purchase of
Excess City
Property
2)
Vets(:h Cabinets TIF Contract
3)
TIF Plan for TIF
District #9
(Barthel) -
Informational Only
4)
CSAH:19/37 Intersection
Realignment Project - Trails
5)
All Metro Builders - Zoning Violation
continued
6)
STMA High School Sign
- Building Code
Violation
ki
b. ENGINEERING
1) Storm Water Management Plan Grant - Update
2) Shared Road Grant. - Update
3) Shared Road Meeting - 'Update
4) CSAH 19/37 Intersection Realignment Project - Storm
Pipe Jacking payment approval approximately $46,000
5) Feasibility Study Presentation (NE Sanitary Sewer &
Water Main Extension) - Order public hearing on
November 17, 1997
RESOLUTION #1997-53 (RESOLUTION ACCEPTING THE
FEASIBILITY STUDSAND ORDERING A PUBLIC HEARING
FOR THE NORTHEAST SANITARY SEWER AND WATER MAIN
EXTENSION
C. PUBLIC WORKS
1) Approve PW Committ:ee i.-ecommendation to limit
research by maintenance worker II unless directed by
City Council
2) Ford Dump Truck Repair Authorization
3) Loader/Equipment Purchase
PLANNING & ZONING
1) ORDINANCE #1997--15 (AN ORDINANCE AMENDING THE
ALBERTVILLE SIGN ORDINANCE [1987-31 RELATING TO
COMMERCIAL/INDUSTRIAL REAL ESTATE SIGNS AND WIND
LOAD REQUIREMENTS)
2) Comprehensive Plan,/Zonincl Map Amendment - Public
Hearing determined to be premature by Planning
Commission -- See minutes of meeting in packet
e. PUBLIC SAFETY COMMI:TTEI::
1) Apartment Ordinance Report,
2) Fire Hall Report
f, PERSONNEL COMMITTEE.
Employment Process Status, Update
7. ADJOURNMENT (council)
UPCOMING .114EETINGS1 IMPORTANT DATES
October 21
Personnel Committee
6:00 RCS
October 22
Staff; Meeting
9*00 PM
October 27
Joint Powers Board
7:00IM
October 28
Planning & Zoning Meeting (optional)
7:00 EM
November
3
Regular City Council Meeting
7:00 B4
November
10
Planning & Zoning Commission
7:00 Rai
November
11
Veteran's Day - Legal Holiday - Office Closed
November
17
Regular City Council Meeting
7:00 EM
November
24
Joint Powers Board
7:00 Rd
November
25
Planning & Zoning Commission (optional)
7:00 EM
November
27
Thanksgiving Day - Legal Holiday - Office
Closed
November
28
Legal Holiday - Office Closed
November
XX
Economic Development Workshop
7:00 E'4
December
1
Regular City Council Meeting
7:00 R`S
ALBERTVILLE CITY COUNCIL
October 6. 1997
Albertville City Hall
7:00 PM
PRESENT: Mayor Mark Olsen, t'.ouncilmembers Patricia
Stalberger, Duane Berning, Robert Gundersen, and John Vetsch, City
Administrator Garrison Hale, City Clerk Linda Houghton, City
Attorney Michael Couri, City Planner Liz Stockman and City Engineer
Peter Carlson
Mayor Olsen called the regular meeting of the Albertville City
Council to order.
Olsen made a motion to approve the agenda as presented.
Gundersen seconded the motion. All voted. aye.
Olsen made a motion to approve the .minutes of the September
22, 1997, regular meeting and the minutes of the September 29,
1997, special meeting as presented. Gundersen seconded the motion.
All voted aye.
Berning made a motion to approve payment of Check #'s 11232 -
11236 and Check #'s 11238 - 11264 and to void Check #11237. Vetsch
seconded the motion. ill voted aye.
Lisa Thibodeau, a resident of Albertville, addressed the
Council regarding the need for a designated area for skateboarding.
Her sons have had their skateboards taken away and she has had to
retrieve them from the Sheriff's Department. The Council explained
that the City previously looked into the liability and regulation
issues associated with a designated skateboard area and found the
costs to be prohibitive. The Council suggested that Thibodeau
check with an organized, skateboa:rdinc� association to determine if
insurance is available through them, similar to how the BMX track
in St. Michael is insured.
Bernard Marx reported that the quote for in the storm
sewer. improvement through his and Hennum's property is $6,200. The
City has agreed to pay $3,000 of the cost. Plans must be approved
by the city engineer prior to installation of the pipe.
Marx also requested the Council ;issue a grading permit for his
property. Marx has a permit from Wright Soil and Water
Conservation to fill a portion of the wetlands. Marx wants to also
grade and fill the area where 57th Street will be extended. City
Engineer Peter Carlson was not aware of Marx's plans for this area
and has seen no plans. City Attorney Michael Couri explained that
a grading contract, along with a letter of credit, must be executed
before any grading permit should be issued. He further recommended
that the Council require that Marx pay all prior charges due to the
1
ALBERTVILLE CITY COUNCIL
October 20, 1997
Albertville City Hall 7:00 PM
PRESENT: Mayor Mark Olsen, Councilmembers Patricia
Stalberger, Duane Berning, Robert Gundersen, and John Vetsch, City
Administrator Garrison Hale, City Clerk Linda Houghton, City
Attorney Michael Couri and City Engineer Peter Carlson
Mayor Olsen called the regular meeting of the Albertville City
Council to order.
Berning made a motion to approve the agenda as presented.
Gundersen seconded the motion. All voted aye.
Berning made a motion to approve the minutes of the October 6,
1997, regular meeting as presented. Gundersen seconded the motion.
All voted aye.
Gundersen made a motion to approve payment of Check #'s 11265
- 11288. Vetsch seconded the motion. All voted aye.
No one in the audience wished to address the Council.
Berning made a motion to approve the Financial Statement for
the period August 28 - September 30, 1997, as presented. Gundersen
seconded the motion. All voted aye.
Berning made a motion to approve the Revenue/Expenditure
Report for the month of September as presented. Gundersen seconded
the motion. All voted aye.
Berning made a motion to approve the Certificate of Correction
to the plat of Fairfield. Gundersen seconded the motion. All
voted aye.
Berning made a motion to approve the Wastewater Treatment
Facility Monthly Operations Report for September as presented.
Gundersen seconded the motion. All voted aye.
Berning made a motion to approve a one year (1998) lease for
the agricultural land by the wastewater treatment facility to
Zimmer Brothers for $950. Gundersen seconded the motion. All
voted aye.
Berning made a motion to schedule a special meeting on the
final 1998 budget on November 17, 1997, at 6:00 PM. Gundersen
seconded the motion. All voted aye.
1
Berning made a motion to schedule special City Council meeting
for the purpose of an Economic Development Workshop on November 12,
1997, at 7:00 PM and invite the Planning Commission and the
Economic Development Commission members. Gundersen seconded the
motion. All voted aye.
Since City Attorney was not yet present, Mayor Olsen moved
ahead to the engineering department.
City Engineer Pete Carlson reported that there were no CMIF
grants available for a city-wide storm water management plan. The
CMIF grants are only available for specific areas that require
funding for specific economic development projects.
Carlson also reported that the Shared Roads Grant through the
Minnesota Board of Innovation does not fund public works paving
projects. Therefore, funding to pave the joint roads between the
cities of Albertville and Otsego is not available as an option.
City Attorney Couri reported that Keith Franklin of Franklin
Outdoor Sign is still interested in purchasing the triangular piece
of City property that abuts his property and on which a portion of
his driveway is located. Couri stated the property is likely
unbuildable due to its irregular triangular shape. Franklin
originally offered to purchase the land for $500. City
Administrator Hale checked with Wright County Assessor Greg
Kramber, who indicated the market value of the property was $7,200,
although Kramber believed it was unlikely that the parcel could be
sold for that amount due to its limited use and questions about its
buildability.
Keith Franklin told the City Council his father, Jim Franklin,
was willing to offer $1,500 for the parcel. The purpose would be
to put the parcel back on the tax rolls and the City would annually
collect additional tax dollars equivalent to $400 (Assitant City
Assessor Kramber).
Councilmember Gundersen stated he could see no reason for the
City to continue to hold the parcel. Councilmember Vetsch stated
he is willing to sell the parcel for the market value of $7,200.
Mayor Olsen questioned if Franklin would be interested in a lease
situation. Franklin stated he is not.
Councilmember Berning is concerned that the Planning
Commission may want an easement for a snowmobile trail over this
parcel.
Gundersen made a motion to sell the parcel to Franklin Outdoor
Sign Company for $2,000, contingent upon Franklin providing an
easement for a snowmobile trail on the property and contingent upon
an agreement that no advertising sign will be placed on the
property. Stalberger seconded the motion. Stalberger, Gundersen,
K
Berning and Olsen voted aye. Vetsch voted no. The motion carried.
Councilmember Berning removed himself from the Council at 7:45
PM.
City Attorney Couri reviewed the Vetsch Custom Cabinet TIF
Contract with the Council. City is not generally obligated in the
TIF district. It is a pay-as-you-go, i.e. the City will reimburse
the Vetsch's for qualifying expenses only after taxes are
collected.
Olsen made a motion to approve the contract for a TIF
Agreement on Vetsch Custom Cabinets with minor corrections to be
made by Kennedy & Graven, special legal counsel. Gundersen
seconded the motion. All voted aye.
Couri gave a brief overview of the proposed Barthel Bus Garage
TIF #9. The Council will conduct a public hearing on the
establishment of the TIF district on November 3, 1997.
Couri explained that the City does not have enough easement
over the Savitski property located on the south side of the new
County Road #37 to construct a trail. The Savitski's have offered
to sell the additional land necessary for the trail for $2 per
square foot, which is higher than the cost of the other right of
way purchases, plus concessions on drainage and ponding on Mike
Savitski's site. Couri recommends that the City direct the County
to leave the trail area gravel but to restore up to the trail.
Olsen made a motion directing the administrator to contact
the Wright County Engineer and request that the City's right of way
along CSAH 37 from CSAH 19 to Lambert Avenue be left gravel for a
paved trail to be added in the future but to restore all excess
right-of-way not necessary for the trail with black dirt and
seed/sod. Vetsch seconded the motion. All voted aye.
Couri reviewed the All -Metro Builders zoning violation. The
business is currently a legally, non -conforming use in a
residential district. The City's Zoning Ordinance prohibits
expansion of a non -conforming use.
The Planning Commission and the City Council have previously
denied the rezoning to B-3 for All -Metro Builders. Councilmember
Vetsch stated he believes the property should be zoned to allow All
Metro Builders to legally expand its operation and to spot zone .if
required.
The attorney, the planner, the administrator and the building
official will meet with All Metro Builders to discuss the situation
and make a recommendation to the Council.
Vetsch made a motion directing the city attorney to notify ISD
3
#885 that the electronic sign at the high school site has not
received a building permit, is therfore illegal and will be dealt
with in accordance with City ordinance. Gundersen seconded the
motion. All voted aye.
Councilmember Berning reported that during the Transportation
Committee the City of Otsego indicated it is not interested in
improving any shared roads at this time. They agreed to meet again
at a later date. Otsego also indicated its lack on interest in
vacating Kadler Avenue.
Berning made a motion to approve payment of $45,000 to Keuchle
Underground for installation of the 36" storm sewer pipe under the
railroad tracks, with funds from the remaining balance in the TIF
#5 and the additional balance from the storm water fund. Vetsch
seconded the motion. All voted aye.
City Engineer Carlson presented the Feasibility Study for the
NE Sanitary Sewer and Water Main Extension Project. The project
extends water and sanitary sewer to the NE quadrant of the City
(the areas between and around School and Mud Lakes). Proposed TAC
fees are $1500 per acre for sewer and $1225 per acre for water.
Berning made a motion to adopt RESOLUTION #1997-53 titled
-� RESOLUTION ACCEPTING THE FEASIBILITY STUDY AND ORDERING A PUBLIC
HEARING FOR THE NORTHEAST SANITARY SEWER AND WATER MAIN EXTENSION.
Vetsch seconded the motion. All voted aye.
Berning made a motion to approve the recommendation from the
Public Works Committee that the city's maintenance worker will not
engage in researching bids and quotes unless authorized by the City
Council and/or City Administrator. Vetsch seconded the motion.
All voted aye.
Berning made a motion to approve the quote from Hoglund Bus
Company to repair/replace the kingpins in the Ford Dump Truck at a
cost of $1,023.80. Gundersen seconded the motion. All voted aye.
Vetsch made a motion to acquire through a lease/purchase a
H63H Bobcat with grader bar, snow blower, broom and snow bucket at
a cost of $34,000, less trade-in value of the city's tractor and
loader (between $2,000-$3,000), as recommended by the Public Works
Committee. Stalberger seconded the motion. All voted aye.
Berning made a motion to adopt ORDINANCE #1997-15 titled AN
ORDINANCE AMENDING THE ALBERTVILLE SIGN ORDINANCE (1987-3) RELATING
TO COMMERCIAL/INDUSTRIAL REAL ESTATE SIGNS AND WIND LOAD
REQUIREMENTS as recommended by the Planning Commission. Vetsch
seconded the motion. All voted aye.
The Planning Commission has found that a Comp Plan/Zoning Map
amendment to rezone the properties on either side of CSAH 19 from
4
57th Street to 50th Street is premature and will not call for a
public hearing.
Vetsch made a motion tabling indefinitely further discussion
on the proposed rezoning issue and Comp Plan/Zoning Map amendment
for properties oneither side of CSAH 19 from 57th Street to 50th
Street. Olsen seconded the motion. All voted aye.
Public Safety Committee Member Gundersen briefed the Council
on the ordinance for rental properties being researched by the
Committee and the progress on a fire hall site determination.
City Clerk Houghton reported that the applications for the
positions of administrator and maintenance worker II have been
preliminarily screened and scored according to the form approved by
the Personnel Committee. The Personnel Committee will review the
preliminary findings at their meeting on October 21.
Berning made a motion to adjourn at 10:50 PM. Gundersen
seconded the motion. All voted aye.
Mark Olsen, Mayor
Linda Houghton, City Clerk
5
City from previous Marx projects before a grading contract and
permit are issued. The Council told Marx that he must get plans
to the city engineer for his review and pay all outstanding bills
before a grading permit will be issued.
Berning made a motion to approve the Financial Statement for
the period August 28 - September 30, 1997, as presented. Gundersen
seconded the motion. All voted aye.
Berning made a motion to approve the Follow -Up Sheet as of
September 22 meeting as presented. Gundersen seconded the motion.
All voted aye.
Berning made a motion to approve the City Department Report as
presented. Gundersen seconded the motion. All voted aye.
Berning made a motion to adopt RESOLUTION #1997-44 titled
RESOLUTION APPROVING
GAMBLINGBAR. E AL
BERTVILLE
JAYCEESSELL PULLTABS AT THE ALBERTVILLE Gundersen
seconded the motion. All voted aye.
Berning made a motion to adopt RESOLUTION #1997-45 titled 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 GundersensecondedIN
CONDUCTING ITS MEETINGS AND COUNCIL BUSINESS).
the motion. All voted aye.
Berning made a motion to adopt RESOLUTION #1997-46 titled A
RESOLUTION AMENDING RESOLUTION RESOLUTIONS #1997-1 AND #1997-22
(RESOLUTION MAKING APPOINTMENTS TO CERTAINYEAFRFI AND 1.997. GOunderSITIONS
sen
WITHIN THE CITY OF ALBERTVILLE FOR THE
seconded the motion. All voted aye.
Berning made a motion to adopt RESOLUTION #1997-48 titled A
RESOLUTION MAKING T NEGATIVE
STATEMENTDEFOR�ATHE N CENTERTHE
OAKS NEED
PROJECFOR ATN.
ENVIRONMENTAL IMPART
Gundersen seconded the motion. All voted aye.
Berning made a motion to adopt RRESOLUTION
POLICY9g7-SGundersen
0 titled
ESTABLISHMENT OF A PERFORMANCE A
seconded the motion. All voted aye.
Mayor Olsen opened the public hearing to consider the issuance
of revenue bonds to finance a housing development.
Bruce Batterson of Kennedy & Graven explained that
approximately $4,000,000 of bonds are being requested by Zedakah
Foundation to provide financing for a 44-unit residential rental
ause
facility for senior
issue non-taxable bonds request with aslowerginterestmade c
the City can rate
2
than the Zedakah Foundation can. Batter•son explained that there
would be no obligation on the part of the city for payment of the
bonds and the bonds will not affect the ci.ty's debt/credit ratings.
Mayor Olsen called for comment from the public. There was
none.
Berning made a motion to close they public hearing. Vetsch
seconded the motion. All voted aye.
Berning made! a motion to adopt RESOLUTION #1997-51 titled A
RESOLUTION ADOPTING A PROGRAM FOR THE ISSUANCE OF HOUSING
DEVELOPMENT REVENUE BONDS., Stalberger ,seconded the motion. All
voted aye.
City Attorney Couri reminded the Council that his law firm
also represents 'the City of Otsego and,, therefore, there is an
inherent conflict of interest factor to be considered when he
discusses the Proposed Agreement for Sha:ri.ng Road Expenses between
the City of Albertville and the City of Otsego.
Berning made a motion to table discussion on the proposed
agreement to the Transportation Committee Meeting on October 14,
1997. Stalberger seconded the motion. All voted aye.
Couri reviewed the budget update for the CSAH 19/37
Intersection Realignment Project with the Council.
Stockman reviewed briefly the Findings of Fact and Decision
for the Cedar Creek Golf Course Planned Unit Development. She
suggested Item 5 be added to the Findings of Fact stating that the
comments from the Wright County Engineer: be included.
Couri reviewed the Cedar Creek golf Course Planned Unit
Development Concept Plan Master Agreement..
(1) Paragraph 5A will be amended to incorporate the 32+ acres of
the golf course which lie in the City of St. Michael.
(2) Paragraph 5B will be amended by deleting the sentence
"Developer shall obtain. . .i.n the c:oving concept."
(3) Paragraph 8A will be amended to state the Trunk Line Fees
shall be paid according to the per,acre fee in force at the
time of application.
(4) Paragraph 19C will be amended to state 58% of the residential
units equals 198 units.
(5) Paragraph 19F will be amended to state the trail shall
continue along one side of 53rd Street to the edge of the
subject property.
(6) Paragraph 19E will be amended to 7.5% instead of 10%.
(7) Paragraph 51) will be amended to read attached garages to each
townhome shall be no less than 440 :square feet.
Berning made a motion to adopt RESOLUTION #1997-52 titled A
3
RESOLUTION ADOPTING THE FINDINGS OF FACT AND DECISION AND THE
DEVELOPER'S AGREEMENT FOR THE CEDAR CREEK GOLF COURSE PLANNED UNIT
DEVELOPMENT. Vetsch seconded the motion. All voted aye.
City Administrator Hale explained that Harold Swanson has paid
the City a $500 escrow fee to proceed with the NE Sanitary Sewer
and Water Main Extension feasibility study. The other affected
property owner, Frank D'Aigle, has been contacted regarding the
escrow fee to enable the study to proceed but has not yet made
payment to the City.
Berning made a motion to adopt RESOLUTION #1997-47 titled
RESOLUTION DIRECTING ENGINEER TO REPORT WHETHER PROPOSED
IMPROVEMENT IS FEASIBLE: AND ITS ESTIMATED COST. Gundersen seconded
the motion. Berning, Gundersen and Vetsch voted aye. Stalberger
voted no. Olsen abstained. The motion carried and the resolution
was adopted.
City Engineer Peter Carlson reported that he has been unable
to secure a quote from Fehn Excavating for the pipe and the fill
needed to proceed with the Savitski ditch project.
Olsen made a motion to table further discussion on the project
until the next regular meeting. There was not second to the motion
and Olsen withdrew the motion from consideration.
Vetsch made a motion authorizing the city engineer to proceed
with the Savitski ditch project at a not -to -exceed city cost of
$6,000 with the benefitting property owners paying the additional
costs (total estimate $20,000). Berning seconded the motion. All
voted aye.
Berning made a motion to reduce the letter of credit for the
Fairfield Addition to $100,000. Stalberger seconded the motion.
All voted aye.
Carlson reported that the estimated cost of repairs to Kalenda
Court is $5,100. Vetsch made a motion authorizing the engineer to
proceed with the repair project on Kalenda Court at a not -to -exceed
cost of $7,000. Stalberger seconded the motion.. All voted aye.
Vetsch made a motion directing staff to discontinue time spent
on purchasing a loader and to set a Public Works Committee meeting
for the purpose of discussing equipment needs on Monday, October
13,1 997, at 7:30 PM. Stalberger seconded the motion. All voted
aye.
The Council discussed contracting for cleaning the city hall,
park shelter and community room. Consensus of the Council was that
the second maintenance worker II would be able to handle those
duties.
4
The Council discussed the quotes :or repairs to both the Ford
tractor and the Ford Truck. Olsen made a motion to authorize the
Public Works Committee to determine if the tractor should be
repaired. Vetsch seconded the motion. All voted aye.
Berning made a motion directing the Public Works Committee to
consider further repairs to the Ford truck. Gundersen seconded the
motion. All voted aye.
City Clerk Houghton reported that no area community is a
direct participant in providing clothing allowances and/or
scholarships or awards for the City, royalty. Each community has
a city-wide festival which promotes the royalty. Since Ken
Tiernan, representing the Queen Committee, was not present, the
Council discontinued further consideration of the subject.
Donatus Vetsch, representing the Albertville Lions, explained
that the Lions and Jaycees are willing to purchase new Christmas
decorations and to donate them to the city. Vetsch asked for City
assistance in putting up and taking down the decorations.
Berning made a motion to accept. the Christmas lights donation,
to direct the Public Works Department to put up and take down the
decorations, and to provide storage for the decorations at the
wastewater treatment plant. Gundersen seconded the motion. All
voted aye.
Dave Steele, representing Security State Bank of Maple Lake,
discussed the checking and savings accounts available to the City
at the new Albertville facility. He offered to reimburse the City
for one half of the cost of having new accounts payable and payroll
checks printed. City Clerk Houghton explained that the City would
earn 1/2% more interest on the checking and 1/4% more interest on
the savings account.
Berning made a motion authorizing, the clerk to open a checking
account earning 2% interest and a savings account earning 5%
interest at Security State Bank of Maple Lake - Albertville Branch
and to close the current Highland Bank checking and savings account
as soon as possible. Further, to accept the of f e�r f rom Mr. Steele
for reimbursement of one half of the check printing expenses.
Gunderson seconded the motion. All voted aye.
Olsen made a motion to adjourn at 12:10 AM. Stalberger
seconded the motion. All voted aye.
Mark Olsen, Mayor
Linda Houghton, City Clerk
5
3
CITY OF ALBERTVILLE
BILLS TO BE PAID
October 20, 1.997
Check No.
Vendor —
Reason
Amount
11265
AirTouch Cellular
P. W. Cell Phone
7.66
11266
Buffalo :Bituminous
Overlay Project 40,299.20
11267
CarQuest
Supplies/Parts
100.37
11268
DJ's
Monthly Charges
245.84
11269
Earl F. Anderson
Westwind Park
2,070.00
11270
ECM Publishers
Administrator Ad
96.00
11271
Gopher State One -Call
Locates
22.75
11272
Hack's
Supplies/Gas
109.44
11273
Kennedy & Graven
TIF Legal Service
949.00
11274
Larson Publications
August & Sept.
1,485.79
11275
League of MN Cities
Membership
1,510.00
11276
Lindsay, Ken
Reimbursement
10.00
11277
Long, Steve
Training/Mileage
749.08
11278
MN Fire Service Certif.
S. Long
35.00
11279
Monticello Animal Control
September
36.00
11280
NSP
Monthly Service
2,720.30
11281
NAC, Inc.
Planning Service
4,844.57
11282
PERA
9/27 - 10/10
352.73
11283
Patts 66,
Gas
77.97
11284
Sentry Systems, Inc.
Park Shelter Alarm 57.51
11285
Sunshine Lawn Service
Winterize Sprinkler
75.00
11286
Superior, Service
Garbage Service
89.87
11287
USCM Midwest
Payroll Deduction
92.00
11288 Weber Oil Company Diesel Fuel 30.19
Total $ 56,066.27
REVENUE/EXPENDITURE REPORT
City of Albertville
--------------------------------------------------------------------------------------------- ---------------------------------------------------------------
For the Period: 09/01/97 to 09/30/97 Original Budget Aiended Budget Annual Actual Curr Mth Encumb Annual Unenc. Balance I Bud
Fund: 101 General Fund
Revenues
310.100
Current Taxes
.00
412,400.00
215,745.95
.00
.00
196,654.05
52.3
310.200
Delinquent Taxes
.00
.00
12,007.00
.00
.00
-12,007.00
.0
310.400
Tax Incretents
.00
.00
-13,210.45
.00
.00
13,210.45
.0
320.110
liquor Penits
.00
8,100.00
4,150.00
.00
.00
3,950.00
51.2
320.120
Beer Penits
.00
200.00
120.00
10.00
.00
80.00
60.0
320.130
Aeuseients Licenses
.00
400.00
350.00
.00
.00
50.00
87.S
320.140
Cigarette Licenses
.00
250.00
250.00
.00
.00
.00
100.0
320.150
Sign Penits
.00
3,525.00
3,375.00
.00
.00
150.00
95.7
320.160
Other8usiness licenses/Penits
.00
200.00
5,833.18
.00
.00
-5,633.18
m.t
320.210
Building Penits
.00
13,940.00
95,570.29
21,222.76
.00
-81,630.29
685.6
320.220
Aniial Licenses
.00
100.00
90.00
10.00
.00
10.00
90.0
334.010
Local Goverment Aid
.00
82,672.00
41,569.50
.00
.00
41,102.50
50.3
334.020
HACA
.00
136,182.00
69,070.50
.00
.00
67,111.50
50.7
334.030
Local Perforiance Aid
.00
2,384.00
1,192.00
.00
.00
1,192.00
50.0
334.050
Police Aid
.00
3,000.00
.00
.00
.00
3,000.00
.0
334.060
Fire Aid
.00
7,819.00
.00
.00
.00
7,899.00
.0
336.000
Other Gov. Units Grants & Aids
.00
4,800.00
2,812.70
.00
.00
1,987.30
58.6
341.070
Special Assesseent Searches
.00
100.00
430.00
20.00
.00
-330.00
430.0
341.090
Other Charges for Services
.00
3,000.00
1,970.20
.00
.00
1,029.80
65.7
341.095
Developer Escrows
.00
.00
.00
.00
.00
.00
.0
342.020
Fire Protection Services
.00
33,994.00
15,630.63
.00
.00
18,363.37
46.0
342.030
Park Rental Fees
.00
2,000.00
2,000.00
200.00
.00
.00
100.0
343.000
Stors Sewer Fees
.00
.00
.00
.00
.00
.00
.0
343.100
Penalites - Story later Bills
.00
.00
.00
.00
.00
.00
.0
350.000
Fines and Forfeits
.00
100.00
189.00
76.00
.00
-89.00
189.0
362.000
Interest Earnings
.00
2,200.00
73,069.70
2,704.55
.00
-70,869.70
ui.t
364.000
Private Contributions/Donation
.00
.00
-515.53
400.00
.00
519.53
.0
372.080
Other Revenues
.00
1,500.00
6,236.81
4,574.88
.00
-4,734.81
415.8
391.010
Sales of General Fixed Assets
.00
.00
2,988.91
.00
.00
-2,988.91
.0
392.030
Transfer -Capital Project Funds
.,00
.00
.00
.00
.00
.00
.0
392.050
Transfer Out
.00
.00
.00
.00
.00
.00
.0
395.000
lease Payment
.00
950.00
950.00
47S.00
-----------------
.00
-----------------
.00
100.0
------
-----------------
REVENUE
-----------------
.00
-----------------
719,896.00
-----------------
541,871.39
29,693.19
.00
178,024.61
75.3
REVENUE/EXPENDITURE REPORT
Date: 10/15/97
Tise: 7:19ai
City of Albertville Page: 2
---------------------------------------------------------------------------------------------- ---------------------------------------------------------------
For the Period: 09/01197 to 09/30/97 Original Budget Aiended Budget Annual Actual Curr Mth Encuib Annual Unenc. Balance % Bud
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Fund: 101 General Fund
-----------------------------------------=------------------------------------------------------------ ------
Revenues .00 719,896.00 541,871.39 29,693.19 .00 178,024.61 75.3
REVENUE/EXPENDITURE REPORT
Date: 10/15/97
Time: 7:19aa
City of
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Albertville
Page:
3
For the
Period: 09/01/97 to 09/30/97
-----------------------------------------------
Original Budget Amended
Budget
Annual Actual
Curr Mth Encuib
Annual
Unenc. Balance
% Bud
Fund:
101 General Fund
----------------------------------------------------------------------------------------------------
Expenditures
Dept: 410.100 General Government -
Council
511.000
Wages - Regular Employees
.00
11,400.00
8,550.00
950.00
.00
21850.00
75.0
522.000
FICA Contributions
.00
872.00
666.07
72.69
.00
205.93
76.4
523.000
PERA Contributions
.00
.00
00
.00
.00
.00
.0
526.000
Yorkers Compensation Insurance
.00
185.00
.00
.00
.00
185.00
.0
533.600
Planner: City Projects/Meeting
.00
.00
00
.00
.00
.00
.0
533.900
Other Prof. Contract Services
.00
5,000.00
4,138.20
.00
.00
861.80
82.8
552.000
Insurance Other than Eop. Bene
.00
4,900.00
4,419.00
4,419.00
.00
481.00
90.2
555.000
Printing S Publications
.00
2,800.00
4,585.05
808.09
.00
-1,785.05
163.8
558.000
Travel
.00
309.00
.Do
.00
.00
309.00
.0
561.100
General Supplies
.00
100.00
30.62
.00
.00
69.38
30.6
561.300
Training/Instructional Supplys
.00
300.00
343.00
53.00
.00
-43.00
114.3
591.000
Dues 8 Subscriptions
.00
2,150.00
675.00
.00
.00
1,475.00
31.4
599.000
Miscellaneous
.00
1,000.00
1,000.00
.00
.00
.00
100.0
General Government - Council
----------------------------------
.00
29,016.00
----------------------------------
24,406„94
-----------------
6,302.78
.00
-----------------
4,609.06
------
84.1
REVENUE/EXPENDITURE REPORT
Date: 10/15/97
Tiie: 7:19ai
City of Albertville
-----------------------------------------------------------------
Page:
4
For the Period: 09/01/97 to 09/30/97 Original
--------------------------------------------------------------------------------------------
Budget hended
Budget
Annual Actual
Curr Mth Encuib
Annual
Unenc. Balance
% Bud
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Fund: 101 General Fund
Expenditures
Dept: 410.300 Gen. Govt.- City Adtinistrator
511.000 Wages - Regular Eiployees
.00
42,000.00
30,692.22
3,230.76
.00
11,307.78
73.1
521.000 Group Insurance
.00
3,780.00
3,092.75
347.81
.00
687.25
81.8
522.000 FICA Contributions
.00
3,213.00
2,347.83
247.14
.00
865.17
73.1
523.000 PERA Contributions
.00
1,882.00
1,375.03
144.74
.00
506.97
73.1
526.000 Workers Coipensation Insurance
.00
231.00
.00
.00
.00
231.00
.0
552.000 Insurance Other than Eep. Bene
.00
500.00
.00
.00
.00
500.00
.0
558.000 Travel
.DO
300.00
.00
.00
.00
300.00
.0
561.100 General Supplies
.00
200.00
335.52
.00
.00
-135.52
167.8
561.300 Training/Instructional Supplys
.00
300.00
245.00
.00
.00
55.00
81.7
574.300 Capital Outlay-Furnituremm
.00
200.00
.00
.00
.00
200.00
.0
591.000 Dues & Subscriptions
.00
300.00
105.00
.00
.00
195.00
35.0
599,000 Miscellaneous
.00
.00
.00
.00
.00
.00
.0
------
-----------------
Gen. Govt.- City Adiinistrator
-----------------
.00
52,906.00
----------------------------------
38,193.35
-----------------
3,970.45
.00
-----------------
14,712.65
72.2
REVENUE/EXPENDITURE REPORT
Date. 10/15/9
Time: 7:19al
City of
-------------------------------
Albertville
------------
Page:
5
For the
-------------------------------------------------------------------------------------------------------------------
Period: 09/01/97 to 09/30/97 Original
Budget Amended
Budget
Annual Actual
Curr Nth Encuib Annual
Unenc. Balance
% Bud
-------------------------------------------..-----------------------------------------------------------------------------------------------------------------
Fund: 101 General Fund
Expenditures
Dept: 410,400 Gen. Govt.- City Clerk/Treas.
511.000
Wages - Regular Employees
.00
32,240.00
23,676.25
2,480.00
.00
8,563.75
73.4
512.000
Wages - Temporary Ealoyees
.00
5,600.00
2,489.85
537.60
.00
3,110.15
44.5
513.000
Wages - Overtime
.00
500.00
116.25
.00
.00
383.75
23.3
521.000
Group Insurance
.00
3,780.00
3,092.74
347.81
.00
687.26
81.8
522.000
FICA Contributions
.00
2,933.00
1,843.09
189.72
.00
1,089.91
62.8
523.000
PERA Contributions
.00
1,717.00
1,060.66
111.10
.00
656.34
61.8
526.000
Workers Compensation Insurance
.DO
215.00
.00
.00
.OD
215.00
.0
533.300
Accounting
.00
.00
1,475.00
.00
.00
-1,475.00
.0
533.400
Auditing Services
.00
6,300.00
6,425.00
.00
.00
-125.00
102.0
533.700
Copy Machine Maitenance
.00
1,200.00
587.98
.00
.00
612.02
49.0
533.900
Other Prof. Contract Services
.00
750.00
.00
.00
.00
750.00
.0
543.100
Repairs/Maiteeance - Equipttu
.00
500.00
195.16
.00
.00
304.84
39.0
544.200
Equipment Rental
.00
1,000.00
740.92
195.64
.00
259.08
74.1
552.000
Insurance Other than Eop. Bene
.00
3,000.00
3,919.00
3,919.00
.00
-919.00
130.6
558.000
Travel
.00
500.00
34.80
.00
.00
465.20
7.0
561.100
General Supplies
.00
3,300.00
1,488.30
.00
.00
1,811.70
45.1
561.300
Training/Instructional Supplys
.00
300.00
.00
.00
.00
300.00
.0
561.400
Postage
.00
1,200.00
662.20
.00
.00
537.80
55.2
574.300
Capital Outlay-Furniture:t::tt
.00
200.00
.00
.00
.00
200.00
.0
591.000
Dues & Subscriptions
.00
50.00
55.00
25.00
.00
-5.00
110.0
592.000
Elections
.00
.00
.00
.00
.00
.00
.0
744.000
Capital Outlay - Officer::::::
.00
2,500.00
.00
.00
-----------------
.00
2,500.00
-----------------
.0
------
-----------------
Gen. Govt.- City Clerk/Treas.
-----------------
.00
67,785.00
----------------------------------
47,862.20
7,805.87
.00
19,922.80
70.6
REVENUE/EXPENDITURE REPORT
Date: 10/15/97
Tile: 7:1918
City of Albertville Page: 6
-------------------------------------------------------------------------------------------------------------------------------------------------------------
For the Period: 09/01/97 to 09/30/97 Original Budget hended Budget Annual Actual Carr eth Encuib Annual Unenc. Balance % Bud
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Fund: 101 General Fund
Expenditures
Dept: 410.550 Gen. Govt.- Assessing
531.100 Assessing Contract Services .00 5,450.00 6,610.50 .00 .00-1,160.50 121.3
------------------------------------------------------------------------------------------------------ ------
Gen. Govt.- Assessing .00 5,450.00 6,610.50 .00 .00 -1,160.50 121.3
REVENUE/EXPENDITURE REPORT
Date: 10/15611,
Tire: 7:19at
City of Albertville
Page: 7
-------------------------------------------------------------------------------------------------------------------------------------------------------------
For the Period: 09/01/97 to 09/30/97 Original
Budget Mended
Budget
Annual Actual
Curr Nth
Encuab Annual
Unenc. Balance % Bud
-------------- ----------------------------------------------------------------------------------------------------------------------------------------------
Fund: 101 General Fund
Expenditures
Dept: 410.600 Gen. Govt. - City Attorney
533.500 legal Service: General/Meeting
.00
29,000.00
14,803.00
1,050.00
.00
14,197.00 51.0
533.501 Developer Reiobursible
.00
.00
2,200.00
125.00
.00
-2,200.00 .0
533.502 Reiebursible - Capital Project
.00
.00
2,264.82
.00
.00
-2,264.82 .0
----------------- ------
-----------------
Gen. Govt. - City Attorney
-----------------
.00
29,000.00
----------------------------------
19,267.82
1,175.00
-----------------
.00
9,732.18 66.4
REVENUE/EXPENDITURE REPORT
Date: 10/15/9;
Tite: 7:19at
City of Albertville
Page: 8
-------------------------------------------------------------------------------------------------------------------------------------------------------------
For the Period: 09/01/97 to 09/30/97
Original Budget Aiended
Budget
Annual Actual
Curr Nth Encuib
Annual
Unenc. Balance % Bud
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Fund: 101 General Fund
Expenditures
Dept: 410.700 City Engineer
533.100 Engineer: Projects/Meetings
.00
24,000.00
8,370.71
576.90
.00
15,629.29 34.9
533.101 Reisbursible - Developer
.00
.00
7,230.01
123.30
.00
-7,230.01 .0
533.102 Reiabursible -Capital Projects
.00
.00
1,762.72
.00
.00
-1,762.72 .0
535.100 Contracted Services
.00
.00
.00
.00
.00
.00 .0
535.102 delete this account
.00
.00
.00
.00
-----------------
.00
.00 .0
----------------- ------
City Engineer
----------------------------------
.00
24,000.00
----------------------------------
17,363.44
700.20
.00
6,636.56 72.3
REVENUE/EXPENDITURE REPORT
Date: 10/15/97
Time: 7:19ai
City of Albertville
Page:
9
------------------------------------------------------
For the Period: 09/01/97 to 09/30/97
------------------------------------------------------------------------------------------------------
Original Budget Amended
Budget
Annual Actual
-------------------------------------------------------------------
Curr Nth Encuib Annual
Unenc. Balance %
Bud
------------------------------------------------------------------------------------------
Fund: 101 General Fund
Expenditures
Dept: 410.800 Economic Development
Authority
511.000 Nages - Regular Employees
.00
500.00
360.00
40.00
.00
140.00
72.0
522.000 FICA Contributions
.00
39.00
27.54
3.06
.00
11.46
70.6
558.000 Travel
.00
.00
.00
.00
.00
.00
.0
561.100 General Supplies
.00
.00
.00
.00
.00
.00
.0
561.300 Training/Instructional Supplys
.00
100.00
.00
.00
.00
100.00
.0
599.000 Miscellaneous
.00
1,885.00
1,844.26
.00
-----------------
.00
40.74
----------------- ------
97.8
Economic Development Authority
----------------------------------
.00
2,524.00
----------------------------------
2,231.80
43.06
.00
292.20
88.4
REVENUE/EXPENDITURE REPORT
Date: 10/15/97
Time: 7:19aa
City of Albertville
Page:
10
-------------------------------------------------------------------------------------------------------------------------------------------------------------
For the Period: 09/01/97 to 09/30/97
Original Budget Amended
Budget
Annual Actual
Curr Mth Encusb Annual
Unenc. Balance
% Bud
-------- -----------------------------------------------------------------------------------------------------------------------------------------------------
Fund: 101 General Fund
Expenditures
Dept: 410.910 Gen. Govt. - Planning
toning
511.000 Nages - Regular Employees
.00
1,000.00
1,040.00
100.00
.00
-40.00
104.0
522,000 FICA Contributions
.00
77.00
81.09
7.65
.00
-4.09
105.3
533.600 Planner: City Projects/Meeting
.00
15,000.00
21,367.36
2,619.46
.00
4,367.36
142.4
533.601 Reiibursible - Developer
.00
.00
7,682.53
113.15
.00
-7,682.53
.0
533.602 Reiibursible - Capital Project
.00
.00
.00
.00
.00
.00
.0
558.000 Travel
.00
500.00
.00
.00
.00
500.00
.0
561.100 General Supplies
.00
20D.00
47.64
.00
.00
152.36
23.8
561.300 Training/Instructional Supplys
.00
500.00
178.00
.00
-----------------
.00
322.00
-----------------
35.6
------
Gen. Govt. - Planning 6 Zoning
----------------------------------
.00
17,277.00
----------------------------------
30,396.62
2,840.26
.00
-13,119.62
175.9
REVENUE/EXPENDIIURE REPORT
Date: 10/15/97
Tiae: 7:19ai
City of
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Albertville
Page:
11
For the
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Period: 09/01/97 to 09/30/97
Original Budget Mended
Budget
Annual Actual
Curr Mth Encuib Annual
Unenc. Balance
% Bud
Fund:
101 General Fund
Expenditures
Dept: 410.920 Gen. Govt. - Buildings S
Plant
542.000
Refuse Disposal
.00
600.00
405.12
44.94
.00
194.88
67.5
543.100
Repairs/Mainteance - Equipmt
.DO
500.00
481.70
86.00
.00
18.30
96.3
543.200
Repairs/Mainteance - Building
.00
12,000.00
142.67
60.44
.00
11,857.33
1.2
552.000
Insurance Other than Eep. Bene
.00
3,500.00
3,919.00
3,919.00
.00
-419.00
112.0
553.000
Telephone
.00
2,500.00
2,195.97
312.84
.00
304.03
87.8
561.100
General Supplies
.00
800.00
764.18
15.89
.00
35.82
95.5
562.100
Natural Gas
.00
2,000.00
698.08
13.01
.00
1,301.52
34.5
562.200
Electricity
.00
2,500.00
1,700.16
189.25
.00
799.84
48.0
572.000
Capital Outlay - Buildingstm
.00
2,500.00
432.39
.00
.00
2,067.61
17.3
573.000
Capital Outlay/Non-buildingm
.00
.00
.00
.00
.00
.00
.0
574.100
Capital Outlay-Mach/Equip1m:
.00
500.00
.00
.00
.00
500.00
.0
574.300
Capital Outlay-Furnituremm
.00
200.00
.00
.00
.00
200.00
.0
599.000
Miscellaneous
.00
41.00
210.00
.00
.DO
-169.00
512.2
Gen. Govt. - Buildings E Plant
----------------------------------
.00
27,641.00
----------------------------------
10,949.27
-----------------
4,641.37
.00
-----------------
16,671.73
------
39.6
REVENUE/EXPENDITURE REPORT
Date: 10/15/97
Tiie: 7:19aa
City of Albertville Page: 12
-------------------------------------------------------------------------------------------------------------------------------------------------------------
For the Period: 09/01/97 to 09/30/97 Original Budget Riended Budget Annual Actual Curr Nth Encuib Annual Unenc. Balance % Bud
------------------------------------------------------- -----------------------------------------------------------------------------------------------------
Fund: 101 General Fund
Expenditures
Dept: 421.000 Public Safety - Police
531.200 Police Contract Services .00 62,963.00 52,240.67 5,246.88 .00 10,722.33 83.0
------------------------------------------------------------------------------------------------------ ------
Public Safety - Police .00 62,963.00 52,240.67 5,246.88 .00 10,722.33 83.0
REVENUE/EXPENOITURE REPORT
Date: 10/15/97
Tiae: 1:19ai
City of
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Albertville
Page:
13
For the
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Period: 09/01/97 to 09/30/97
Original Budget
hended Budget
Annual Actual
Curr Mth Encuib
Annual
Unenc. Balance %
Bud
Fund: 101 General Fund
Expenditures
Dept: 422.000 Public Safety - Fire
510,200
Wages - Fire Chief
.00
600.00
.00
.00
.00
600.00
.0
510.300
Wages - Assistant Fire Chief
.00
300.00
.00
.00
.00
300.00
.0
510.400
Fireien's Training Reiiburseit
.00
8,250.00
52.50
.00
.00
8,197.50
.6
510.500
Fireien's Medical Training
.00
2,250.00
.00
.00
.00
2,250.00
.0
512,000
Wages - Teoporary Eiloyees
.00
1,000.00
.00
.00
.00
1,000.00
.0
524.000
Pension Fund Contributions
.00
12,171.00
6,636.00
.00
.00
5,535.00
54.5
526.000
Workers Coipensation Insurance
.00
2,850.00
.00
.00
.00
2,850.00
.0
529.001
Fireten Physicals1111immi1
.00
500.00
1,548.81
413.50
.00
-1,048.81
309.8
529.100
Training/Instruction
.00
3,600.00
906.50
.00
.00
2,693.50
25.2
529.200
EMT Training1i1111111111111111
.00
750.00
805.35
.00
.00
-55.35
107.4
529.300
First Responders Training:tm
.00
1,000.00
1,525.00
.00
.00
-525.00
152.5
533.410
Audit - Fireien's Relief Assoc
.00
1,200.00
675.00
.00
.00
525.00
56.3
543.100
Repairs/Mainteance - Equip1111
.00
1,000.00
1,793.02
820.40
.00
-793.02
179.3
552.000
Insurance Other than Eip. Bene
.00
.00
100.00
100.00
.00
-100.00
.0
553.000
Telephone
.00
900.00
400.50
53.48
.00
459.50
44.5
558.000
Travel
.00
1,SOO.00
603.20
.00
.00
896.80
40.2
561.100
General Supplies
.00
2,500.00
602.88
54.47
.00
1,897.12
24.1
562.100
Natural Gas
.00
1,400.00
1,190.96
14.71
.00
209.04
85.1
562.200
Electricity
.00
900.00
598.56
84.69
.00
301.44
66.5
562.600
Gasoline and Oil
.00
800.00
502.81
59.94
.00
297.19
62.9
572.000
Capital Outlay - Buildingsim
.00
25,000.00
.00
.00
.00
25,000.00
.0
574.110
C/O - Hose11111111111111u1111
.00
1,500.00
.00
.00
.00
1,500.00
.0
574.120
C/O - Turnout Gearu111u11111
O0
2,500.00
305.SO
305.50
.00
2,194.50
12.2
574.130
C/O - Air PackS1111111i1111111
.00
2,600.00
1,470.00
.00
.00
1,130.00
56.5
574.140
C/O - Pagers111111111111111111
.00
1,000.00
2,012.12
2,012.12
.00
-1,012.12
201.2
574.160
C/0 - TOOls11121111111111 UH
.00
1,000.00
106.68
106.68
.00
893.32
10.7
574.200
Capital Outlay - Vehiclesu111
.00
30,000.00
.00
.00
.00
30,000.00
.0
591.000
Dues t Subscriptions
.00
200.00
169.50
.00
.00
30.50
84.8
599.000
Miscellaneous
.00
.00
.00
.00
-----------------
.00
.00
-----------------
.0
------
Public Safety - Fire
-----------------
.00
-----------------
107,271.00
----------------------------------
22,004.89
4,025.49
.00
85,266.11
20.5
REVENUE/EXPENDITURE REPORT
Date: 10/15/91
Tiie: 7:19aa
City of Albertville Page: 14
-------------------------------------------------------------------------------------------------------------------------------------------------------------
For the Period: 09/01/97 to 09/30/97 Original Budget Aiended Budget Annual Actual Curr Nth Encuib Annual Unenc. Balance t Bud
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Fund: 101 General Fund
Expenditures
Dept: 424.000 Public Safety -Bldg. Inspection
533.200 Bldg. Inspection Contract Sery .00 .00 .00 .00 .00 .00 .0
535.100 Contracted Services .00 .00 9,446.67 .00 .00 -9,446.67 .0
-------------------------------------------------------------- -- ---------------------------------- ------
Public Safety -Bldg. Inspection .00 .00 9,446.67 .00 .00-9,446.67 .0
REVENUE/EXPENOITURE REPORT
Date: 10/15/97
Tile: 7:1911
City of Albertville Page: is
-------------------------------------------------------------------------------------------------------------------------------------------------------------
For the Period: 09/01/97 to 09/30/97 Original Budget hended Budget Annual Actual Curr Nth Enculb Annual Unenc. Balance % Bud
------------ ------------------------------------------------------------------------------------------------------------------------------------------------
Fund: 101 General Fund
Expenditures
Dept: 427.000 Public Safety - Anital Control
535.100 Contracted Services .00 1,750.00 1,908.00 414.00 .00-158.00 109.0
------------------------------------------------------------------------------------------------------ ------
Public Safety - Aniial Control .00 1,750.00 1,908.00 414.00 .00-158.00 109.0
REVENUE/EXPENDITURE REPORT
Date: 10/15/97
Tile: 7:19al
City of Albertville Page: 16
-------------------------------------------------------------------------------------------------------------------------------------------------------------
For the Period: 09/01/97 to 09/30/97 Original Budget Aiended Budget Annual Actual Curr Nth Encuib Annual Unenc. Balance % Bud
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Fund: 101 General Fund
Expenditures
Dept: 431.000 Public Works -Highways,Streets
511.000 Wages - Regular Eiployees
512.000 Wages - Teoporary Eiloyees
513.000 Wages - Overtire
521.000 Group Insurance
522,000 FICA Contributions
523.000 PERA Contributions
526.000 Workers Coapensation Insurance
529.000 Other Eiployee Benefits
533.900 Other Prof. Contract Services
543.100 Repairs/Nainteance - Equiptttt
543.300 Repairs/Maintenace-Paved Roads
543.310 Ice Remal
543.320 Snow Plowing
543.330 Sand & Gravel
543.340 Seal CoatingttttttttMMUtt
543.360 Street Sweeping
543.400 Repairs/Maintenace-Unpaved Rds
543,500 Reapir/Maintenance - Sidewalks
543.600 Repairs/Maintenance-CatchBasin
553.000 Telephone
558.000 Travel
561.100 General Supplies
561.300 Training/Instructional Supplys
562.100 Natural Gas
562,200 Electricity
562.600 Gasoline and Oil
572.000 Capital Outlay - Buildingsim
574.111 Tractor/Loaderttttt mmitt
574.170 Street Overlayienttttuttuttt
574.180 Street Signsuttttntt IMM
574.211 MowertttttIMMIuttt"MIt
574.311 PickUpttttttuttuttttM"M
574.411 Snow Plowtit"M tuttttttttt
574.511 Misc. C/0 Equiplentttutttttu
591.000 Dues 8 Subscriptions
Public Works-Highways,Streets
.00
31,055.00
23,994.43
2,388.81
.00
7,060.57
77.3
.00
8,320.00
5,253.88
.00
.00
3,066.12
63.1
.00
500.00
1,175.75
.00
.00
-675.75
235.2
.00
3,780.00
3,092.82
347.82
.00
687.18
81.8
.00
3,050.00
2,237.49
182.74
.00
812.51
73.4
.00
1,787.00
1,069.36
107.02
.00
717.64
59.8
.00
2,471.00
.00
.00
.00
2,471.00
.0
.00
.00
.00
.00
.00
.00
.0
.00
9,100.00
2,073.37
673.96
.00
7,026.63
22.8
.00
7,000.00
2,526.46
412.69
.00
4,473.54
36.1
.00
6,000.00
5,317.73
.00
.00
682.27
88.6
.00
3,000.00
1,964.72
.00
.00
1,035.28
65.5
.00
5,750.00
3,672.88
.00
.00
2,077.12
63.9
.00
500.00
544.15
85.50
.00
-44.15
108.8
.00
8,000.00
.00
.00
.00
8,000.00
.0
.00
2,500.00
2,682.83
.00
.00
-182.83
107.3
.00
6,000.00
262.50
.00
.00
5,737.50
4.4
.00
.00
.00
.00
.00
.00
.0
.00
.00
.00
.00
.00
.00
.0
.00
600.00
611.32
80.32
.00
-11.32
101.9
.00
100.00
.00
.00
.00
100.00
.0
.00
1,500.00
1,735.36
154.90
.00
-235.36
115.7
.00
.00
.00
.00
.00
.00
.0
.00
575.00
396.97
4.90
.00
178.03
69.0
.00
300.00
199.52
28.23
.00
100.48
66.5
.00
1,500.00
1,950.81
95.36
.00
-450.81
130.1
.00
7,500.00
.00
.00
.00
7,500.00
.0
.00
2,000.00
.00
.00
.00
2,000.00
.0
.00
50,000.00
1,889.70
728.70
.00
48,110.30
3.8
.00
300.00
249.48
.00
.00
50.52
83.2
.00
1,000.00
.00
.00
.00
1,000.00
.0
.00
3,000.00
.00
.00
.00
3,000.00
.0
.00
4,000.00
.00
.00
.00
4,000.00
.0
.00
2,500.00
686.51
.00
.00
1,813.49
27.5
.00
250.00
215.00
.00
.00
-----------------
35.00
86.0
------
--------------------
.00
-----------------
173,938.00
-----------------
63,803.04
-----------------
5,290.95
.00
110,134.96
36.7
REVENUE/EXPENDITURE REPORT
Date: 10/15/97
1ioe: 7:19ai
City of Albertville Page: 17
-------------------------------------------------------------------------------------------------------------------------------------------------------------
For the Period: 09/01/97 to 09/30/97 Original Budget Atended Budget Annual Actual Curr Nth Encuib Annual Unenc. Balance % Bud
---------------- ---------------------------------------------------------------------------------------------------------------------------------------------
Fund: 101 General Fund
Expenditures
Dept: 431.600 Public Yorks - Street Lighting
562.200 Electricity .00 27,000.00 20,102.98 2,290.85 .00 6,897.02 74.5
------------------------------------------------------------------------------------------------------ ------
Public Yorks - Street Lighting .00 27,000.00 20,102.98 2,290.85 .00 6,897.02 74.5
REVENUE/EXPENDITURE REPORT
Date: 10/15/97
Tise: 7:19aa
City of Albertville Page: 18
-------------------------------------------------------------------------------------------------------------------------------------------------------------
For the Period: 09/01/97 to 09/30/97 Original Budget Mended Budget Annual Actual Curr Nth Encuib Annual Unenc. Balance % Bud
-------------------------------------------------------------------------------------------------------------------------------------------------------------
fund: 101 General Fund
Expenditures
Dept: 432.300 Public Yorks - Recycling
535.100 Contracted Services .00 12,345.00 9,206.48 1,028.50 .00 3,138.52 74.6
------------------------------------------------------------------------------------------------------ ------
Public Yorks - Recycling .00 12,345.00 9,206.48 1,028.50 .00 3,138.52 74.6
REVENUE/EXPENDITURE REPORT
Date: 10/15/97
Time: 7:19aa
City of
Albertville
Page:
19
-------------------------------------------------------------------------------------------------------------------------------------------------------------
For the
Period: 09/01/97 to 09/30/97
Original Budget Amended
Budget
Annual Actual
Curr Nth Encuab
Annual
Unenc. Balance
% Bud
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Fund:
101 General Fund
Expenditures
Dept: 451.000 Parks and Recreation
511.000
Yages - Regular Employees
.00
.00
.00
.00
.00
.00
.0
521.000
Group Insurance
.00
.00
.00
.00
.00
.00
.0
522.000
FICA Contributions
.00
.00
.00
.00
.00
.00
.0
523.000
PERA Contributions
.00
.00
.00
.00
.00
.00
.0
526.000
Yorkers Compensation Insurance
.00
.00
.00
.00
.00
.00
.0
542.000
Refuse Disposal
.00
600.00
405.06
44.93
.00
194.94
67.5
543.100
Repairs/Nainteance - Equiptttt
.00
1,500.00
4,085.36
680.20
.00
-2,585.36
272.4
544.200
Equipient Rental
.00
2,500.00
1,197.58
191.70
.00
1,302.42
47.9
552.000
Insurance Other than Eop. Bene
.00
3,300.00
3,919.00
3,919.00
.00
-619.00
118.8
553.000
telephone
.00
700.00
381.20
33.76
.00
318.80
54.5
561.100
General Supplies
.00
800.00
806.28
89.76
.00
-6.28
100.8
562.100
Natural Gas
.00
1,200.00
621.48
S.50
.00
578.52
51.8
562.200
Electricity
.00
2,800.00
1,952.94
180.92
.00
847.06
69.7
562.600
Gasoline and Oil
.00
100.00
8.09
.00
.00
91.91
8.1
572.000
Capital Outlay - Buildingstttt
.00
1,000.00
.00
.00
.00
1,000.00
.0
573.000
Capital Outlay/Non-buildingstt
.00
2,000.00
2,218.43
.00
.00
-218.43
110.9
574.100
Capital Outlay-Nach/Equipttttt
.00
1,000.00
274.93
.00
.00
725.07
27.5
599.000
Miscellaneous
.00
3,800.00
2,170.84
.00
.00
1,629.16
-----------------
57.1
------
Parks and Recreation
----------------------------------
.00
21,300.00
----------------------------------
18,041.19
-----------------
5,145.77
.00
3,258.81
84.7
REVENUE/EXPENDITURE REPORT
Date: 10/15/97
Tire: 7:19ai
City of Albertville
Page: 20
-------------------------------------------------------------------------------------------------------------------------------------------------------------
For the Period: 09/01/97 to 09/30/97
Original Budget
hended Budget Annual Actual
Curr Nth Encutb Annual Unenc. Balance % Bud
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Fund: 101 General Fund
Expenditures
Dept: 455.000 Culture/Recreation
591.000 Dues b Subscriptions
.00
750.00 .00
.00 .00 750.00 .0
595.000 Friendly City Days Donation
.00
2,600.00 2,600.00
.00 .00 .00 100.0
----------------- ------
Culture/Recreation
-----------------
.00
---------------------------------------------------
3,350.00 2,600.00
-----------------
.00 .00 750.00 77.6
REVENUE/EXPENDITURE REPORT
Date: 10/15/97
Time: 1:19at
City of Albertville Page: 21
------------------------------------------------------------------------------------- ----- -------------------------------------------------------------------
For the Period: 09/01/97 to 09/30/97 Original Budget Amended Budget Annual Actual Curr Nth Encueb Annual Unenc. Balance % Bud
------------------------------------------------------------------------------------- ------ -------------------- ----------------------------------------------
Fund: 101 General Fund
Expenditures
Dept: 490.000 Working Capital
590.000 Working Capital Reserve .00 54,380.00 .00 .00 .00 54,380.00 .0
---------------------------------- ------ --------------------------------------------------------- ------
Working Capital .00 54,380.00 .00 .00 .00 54,380.00 .0
------------------------------------------------------------------------------------------------------ ------
Expenditures .00 719,896,00 396,635.86 50,921.43 .00 323,260.14 55.1
LAND SURVEYOR'S CERTIFICATE OF CORRECTION
to the plat of:
FAIRFIELD
Pursuant to the provisions of Chapter 505.175 Laws of Minnesota, 1957, Dennis V. Taylor, the undersigned, a Licensed
Land Surveyor in and for the State of Minnesota, declares as follows:
That the plat of FAIRFIELD, filed on July 1, 1997, in the Office of the County Recorder of Wright County,
Minnesota, as Document No. 621258 was prepared by Dennis V. Taylor, a Licensed Land Surveyor.
2. That said plat contains errors, omissions or defects in the following particulars to wit:
THE PLAT OF FAIRFIELD IS ERRONEOUS IN THAT IT NAMES ONE OF THE FEE OWNERS
AS LITTLE MOUNTAIN DEVELOPMENT, LLC, A PARTNERSHIP WHEN IN FACT THE TRUE
AND CORRECT NAME OF SAID ENTITY IS: LITTLE MOUNTAIN DEVELOPMENT LIMITED
LIABILITY COMPANY.
That said plat is hereby corrected in the following particulars, to -wit:
LITTLE MOUNTAIN DEVELOPMENT LIMITED LIABILITY COMPANY AND FLOYD B. RODEN
AND BEVERLY A. RODEN, HUSBAND AND WIFE, SHALL BE NAMED AS THE FEE OWNERS.
Dated:_ _ �, T' %
�en�nisV.�Taylo�-,d Surveyor
Minnesota License No. 15233
The above Certificate of Correction to the plat of FAIRFIELD was approved by the City Council of the city of
Albertville, at a meeting held thi date of _ _ 19
ayor
Clerk
This certificate of Correction has been checked and approved this4eVda y of
This Certificate of Correction to the plat of FAIRFIELD was filed in this office for record on the
, 19_, at _ o'clock M. and was duly recorded in Book , Page
Drafted by:
PREFERRED TPIZE, INC.
113 'WEST BROAD WAY
P.O. BOX 727
MOATICF_L.LO, MN 55362
Wright County Recorder
19V
day of
ALBERTVILLE WASTEWATER
TREATMENT FACILITY
September 1997
MONTHLY OPERATIONS REPORT
Submitted by: any
Kelly Browning /J
Date: October 13, 1997
Professional Services Group
3320 Lander Avenue, NE
St. Michael, Minnesota 55376
(612) 497-8309 Fax: (612) 497-8312
ALBERTVILLE WASTEWATER TREATMENT FACILITY
Monthly Operations Report
September 1997
Executive Summary
Albertville met all of its NPDES effluent limits for the month of September. Average Biochemical
Oxygen Demand in the effluent was <2.0 mg/I. Total suspended solids averaged 14.6 mg/I, and
Total Phosphorous average was 0.30 mg/I. Fecal coliform geometric mean was <10
MPN/100ml. The influent flowtube replacement arrived on September 30, and was installed by
PSG staff in early October. The supplier's technical representative is scheduled to connect and
calibrate the unit.
Operations
Rainfall events caused extremely high flows in September through the treatment plant. These
high flows primarily come from rain that falls over the surface area of the ponds. Effluent flow
peaked at 1.420 MGD.
Control structure slide gates were inspected and missing ones were located in storage. These .
were installed according to the O & M and measurements were checked for proper discharge.
Effluent suspended solids up slightly due to algae and daphnia. Daphnia coloration is good,
indicating no stress and quality water environment.
Maintenance
Clarifier weirs and channel were cleaned thoroughly.
Serviced, lubed and cleaned lawn mower.
Mowed and trimmed lawn.
Cleaned UV bulbs and channel.
Cleaned effluent control structure free of algae and settled solids.
Replaced clarifier skimmer arm rubber scraper.
Monthly preventative maintenance work orders included:
• First aid kit inspection and refill as necessary.
• Eyewash and emergency shower flushing and inspection.
• Motor control center inspection and cleaning.
• Cleaning, flushing, and calibrating influent and effluent samplers.
• Servicing the hoist.
• Inspection and lubrication of sludge pump.
• Exercise sump pump and inspect for proper operation.
• Inspection of alum system.
Annual preventative maintenance was performed on backup generator, including oil change,
replacement of fuel filters.
Lubricated shafts and motors on pond aerators.
Pump #1 in DJ's lift station pulled due to bad seals. New seals, bearing and 0-rings were
installed.
Water was drained out of effluent flowmeter vault and unit inspected for water damage.
Safety
Safety training for September.
• PPE (Personal Protective Equipment), including hearing protection, eye protection, head
protection, and specialty items such as rain gear and gloves.)
• Confined Space Entry Procedures.
Other Training
Kelly and Kelsie attended a workshop addressing the newly adopted 503 regulations concerning
land application of biosolids. (Minnesota Rules Chapter 7041)
Regulatory Communications
NPDES Discharge Monitoring Report
Client/ Public Relations
Don Vetsch visited the plant in order to inspect and evaluate Christmas decorations.
Kelsie McGuire of PSG helped Gary change light bulbs at City Hall O.
Ken, Linda, PSG staff, and SEH inspector met for a barbecue lunch one day in September.
Regular communications are maintained between PSG and City Hall.
Financials _
Financial report reflects all activity in the budget year. The financial data does not reflect
September bills paid in October.
Appendices
NPDES Discharge Monitoring Report
DMR Addendum's
Loadings Summary
Client Status Report
ALBERTVILLE WW>F LOADINGS
Contract
Values 8 Triggers.
Contract Vsk*s & Triggers.
Ave-
0.1580
MGD
Ave-
307 #
187 0
4p.
0.1896
MGD
4gt,.
368 #
224 #
Lov*
0.1264
MGD
Low-
246 #
150 #
Design.
0.3150
MGD
368 #
368
FLOW
12 mo
% of
TSS
12 mo
% of
CBOD
% of
MGD
Avg.
Design
............ .... .....
mg!I
... I ....
lbs.
.........
A.
....................
Designmgrl
ii .f
... ........t ...........
Lbs
Avg.
..................
Design
....................................
1995 Jon
0.151
384
483
240
302
Feb
0.143
285
339
184
219
Mar
0 164
288
394
191
261
ADr
0.177
99
145
92
136
Moy
0 172
274
392
148
212
AM
0 163
232
315
133
181
Jui
0.152
222
281
154
195
A"g
0.174
288
418
136
197
Sep
0.165
234
322
100
138
Oct
0.161
294
395
122
164
Nov
0.163
78
106
68
92
Dec
0.156
405
527
234
304
19" Jon
0 161
01626
51 61 %
250
338
331
89.93%
175
235
195
52.87%
Feb
0.158
01638
52.01%
433
571
350
95.16%
178
235
198
53.21%
Mar
0.179
0.1651
52.41%
312
466
356
96.79%
221
330
202
54.78%
Apr
0.188
0.1660
52.70%
338
527
388
105.43%
131
205
207
56.36%
May
0.198
01682
53.399b
388
641
409
111.05%
169
279
213
57.87%
Jun
0.203
0A715
54 44%
354
599
432
117 48%
151
256
219
59 57%
xif
0A81
0.1723
54.88%
248
333
437
118.85%
129
173
217
59.07%
Aug
0.141
0.1695
53.81%
558
656
456
124.04%
179
210
218
59.37%
Sep
0.141
0.1675
53.17%
625
735
491
133.40%
145
171
221
6011%
Oct
0.163
0.1677
53.23%
274
372
489
132.89%
144
196
224
60.83%
Nov
0.250
0.1749
55.53%
244
509
523
142,01%
141
294
241
65.40%
Dec
0.171
0.1762
55.93%
309
441
515
140.06%
323
461
254
68.94%
1997 Jan
0.179
0.1777
56.40%
432
645
541
147.06%
180
269
256
69.70%
Feb
0.183
0.1798
57.06%
225
343
522
141.92%
148
226
256
%50%
Mar
0.198
0.1813
57.57%
309
510
526
142.92%
176
291
252
68.61%
Apr
0.162
0.1792
56.88%
238
322
509
138.27%
129
174
250
67.91%
Mav
0 074
0.1688
53 60%
322
199
472
128.27%
160
99
235
63.82%
= influent flow estimated due to meter out for replacement.
OUTDOOR ADVERTISING CO.
BOX 218 - ALBERTVILLE, MINNESOTA 55301
(612) 497-3000 • 800-221-4144
"Outdoor advertising SELLS for you all day, every day."
May 27, 1997
Mr. Gary Hale
City of Albertville
5795 Main Ave.
Albertville, MN 55301
RE: Purchase of excess city property
Dear Mr. Hale:
I wish to purchase the property the city owns adjacent to our
place of business in Albertville. I understand this needs the
City Counsel's approval. I am submitting a Certificate of Survey
along with this letter. This property is a part of the old 152
road bed which was left over after the construction of I-94. The
County Assessor, Mr. Gregory Kramber, estimated the county would
be able to receive $407 per year in taxes if this was sold. I
would suggest a selling price of $500.00 for the parcel.
I also would like to purchase a tax forfeit parcel the city owns.
I am enclosing a map for your convenience. The parcel number is
011100. This also would generate additional tax revenue for the
county and City of Albertville if sold. The entire parcel is
wetlands. I would suggest a selling price of $500.00.
Please let me know what my next step in this process.
Thank you for your anticipated cooperation.
Sincerely,
Keith Franklin
KAF/jmj
enclosure:
W f
r 7 •
p0 r�
NN �" Q ,�V • A �
O i
3111AIU381V 30 'kilo
h • •
i
4v d
Pi %
•10 • r /
n
•O
b • y
O `1' � � p cF� e• o � /�
O � r rs. Li• 4z' ? F
low
NONNVo.
CITY
OD
C v� N f to QO 't
/ � � �U � era t, G•fy
f1i
0 /
^ ' tO
rn
� a •yr o� .
r /'L
0 CO
i• i'1 ' • N—
V � �
%il�_
0
RA
L J
[0.•,' m 41 orokoroo� a) o .x u o rLn a >)'0
-PzT S •ri a) ro o •r i o
�. (Y •ri 4-) 0) ra 44 a) s.t o 0) a) � > � c
0Aa �r+z.�a.wZCO0�in0 +�
>�,,•� s�•ri�
-4 �1 ro ri O ri 0 ri N1 N �, O ro
C. -P A U CQ ri H ro ::5 4-) cd U o "cad
. P-4 U ri U) E. S4 ri a) a44 44 U�
i)
ro0 44 V.�O
Up1,� O
. Ap � .o
0) Ulow
o o �" N Q U Q) U) •r�I � 4.4 A ,� U r� ro co O� o c in
i% Q) - •� N LS ri S, ro �, ro i4 4-)0 o +�
4-)ro 3 0) 44 H 0 -P C 4-)3 U) -P 4-)--)
a) ! �' • Q) p. S ,
�.0 UOrno rori +��� o�
ro O N 44 a) is ri Q) N •ri a) � � 44 4.)� r cd y, +� � �
� N in 0 t71 �4 N r i i a) S. 4-+ O t)) 0 E � O O E
Cf Q) ri ro ri Q) c � ro 0 , 4-) 4-i
i•r Q)Q. 3 A 4+% >, 4-1 r+ b1 N a E Q)O
ON r o ro -° ((a r' , 0 O ACn r>a _. ro Q) ` N N
4— 4-)(1) .° V) '0 o a) �, ro ` - -P O '�4 A •ri a) Q) o Q)
a) a) ro Cn ro En co
- N a F+ b of
Q) Q) �3 -pro ��,.�p�a; a) >
^� s. 4-) Ala � _ Q) a) i V) tT
O0 a a' 0 4-4 •� ri 4a Q) iy
U U 3 A ° U a) N N° H G
A Q) rn
~ 44 �' T -1 N 0 .0 014-) 0) ro O � U A; p
.�i O .� r i d 4 �, r6 O '� i U1 �_P 0�- ro Ql U� O o�
C.
4-4 •P O N Q) 0. S0. rob Uroi a) N cd O cad •r�i cd �W
ro a) � ro _ r� A - > � R p
x HA�°a)s4U)4-) �'roa)Ut1 0
r•i •rl 4-) Q) a) A
1 N Q A ro 4j '0 ri .N ro ri M Q) z
N ro 10 N •,i CO" ro - 0 ro 4
a) •P v a� U Z
W tTN O D� N O� OA > (1 ro� �-
a) ro a) �+ 0 0 a) QZ ;4a) .a-) � U +�
� 0 Q
440 ro� (a o 4-1¢ Q)o � °�� u
ON Q) -A a� "A 0ri ro 4-) OH . -+ 4a A -0 3 t71 p W -Pro
a� oQ -� ro"r-, �ror�1 N� U n U`�' o
QAu1 �.� M W Q) �ALn Q) G ro , ° ro
vo �ro
d-) 0 l04 - ri N > • -) O L3 1 Z71 {J U aJ O
ro 3 U ro ri E ri S4 U - ra N a) a) N N C ri
A 0 ro ri to o S4 0 U 44 0 ro a) ro Q) Q) Q) •ri •ri
NE• ro 0UM0QZ ro 00 N 3 4-) 4-4 44 10 10 -1ri
�.•. Nj
a N
�J VL IN �N
!V
'CIQ'�5 c M
�I-
14 o��\ i
iz
0 V �,ZZ
b�
�o Ag
8
M
1
-
F- 7
w w
w
ILL D
o Z
o Z o
rt
ILL) Z
-' o
a �
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
e-mail: atws@kennedy-graN,en.com
CHARTERED
October 9, 1997
Mr. Michael C. Couri
Radziwill & Couri
705 Central Avenue East
P.O. Box 369
St. Michael, MN 55376
RE: Vetsch Cabinets Development Contract
Dear Mike:
(A)
DANIEL J. GREENSWEIG
Attorney at Law
Direct Dial (612) 337-9231
Enclosed is an execution copy of the Vetsch Cabinets development contract. I am assuming that
the developer will not have any changes, although it will be a simple matter to get you a
replacement document if some changes are made. A few items should be filled in by hand prior
to execution:
The square footage of the facility in the definition of Minimum Improvements on
page 3.
2. The job and wage goals in Section 3.7 on page 8.
3. The developer's address in Section 3.6 on page 19.
4. The optional termination date in Section 11.1 on page 21.
Please also remember to insert a copy of the purchase agreement at Exhibit C.
After you have made the handwritten insertions, please make at least 4 copies for execution: 1
for the developer, 1 for the city's records, 1 for recording, and 1 for our files. You may also
want to keep an original in the files you maintain for the city.
I have also enclosed an execution version of the certificate of completion, without the "exhibit"
heading. As you know, this is to be provided to the developer upon its satisfaction of its
obligations to build the Minimum Improvements.
DJG131559
AL141-23
I believe you or one of the city's staff typically handles recording, closings, and those sorts of
things, but if you have any questions, or need any further assistance with this transaction, please
let me know.
Daniel J. Greensweig
DJG:sms /
Enclosure ,
cc (w/o/encl): Garrison Hale
Linda Houghton
DJG131559
AL141-23
Execution Copy
CONTRACT
FOR
PRIVATE DEVELOPMENT
By and Between
CITY OF ALBERTVILLE, MINNESOTA
and
VETSCH CABINETS, INC.
Dated as of.
This document was drafted by:
KENNEDY & GRAVEN, Chartered
470 Pillsbury Center
Minneapolis, Minnesota 55402
Telephone: 337-9300
DJG128008
AL141-23
TABLE OF CONTENTS
Page
ARTICLE I
Definitions
Section I.I. Definitions ........................................ • • • • • • 2
ARTICLE II
Representations and Warranties
Section 2.1. Representations by the City ................................... 4
Section 2.2. Representations and Warranties by the Developer .................... 4
ARTICLE III
Acquisition and Conveyance of Property;
Assessments and Land Acquisition
Section 3.1.
Acquisition and Conveyance of the Development Property ............. 6
Section 3.2.
Site Improvements ........................................ 6
Section 3.3.
Financing of Site Improvements ................................ 6
Section 3.4.
Payment of Administrative Costs ............................... 7
Section 3.5.
Records ................................................ 7
Section 3.6.
Soil Conditions ........................................... 7
Section 3.7.
Job and Wage Covenants .................................... 8
Section 3.8.
Incorporation of and Effect on Purchase Agreement .................. 8
ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Minimum Improvements .......................... 9
Section 4.2. Construction Plans ........................................ 9
Section 4.3. Commencement and Completion of Construction ................... 10
Section 4.4. Certificate of Completion ................................... 10
ARTICLE V
Insurance and Condemnation
Section 5.1. Insurance .............................................. 11
ARTICLE VI
Tax Increment; Taxes
Section 6.1. Right to Collect Delinquent Taxes ............................. 13
Section 6.2. Use of Tax Increments .................................... 13
DJG128008 i
AL141-23
ARTICLE VII
Mortgage Financing
Section 7.1. Mortgage Financing ...................................... 14
Section 7.2. City's Option to Cure Default on Mortgage ...................... 14
ARTICLE VIII
Prohibitions Against Assignment and Transfer; Indemnification
Section 8.1. Representation as to Development ............................. 15
Section 8.2. Prohibition Against Developer's Transfer of Property and
Assignment of Agreement ............................. 15
Section 8.3. Release and Indemnification Covenants ......................... 16
ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined .................................. 18
Section 9.2. Remedies on Default ...................................... 18
Section 9.3. No Remedy Exclusive ..................................... 18
Section 9.4. No Additional Waiver Implied by One Waiver .................... 18
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; City Representatives Not
Individually Liable .................................
19
Section 10.2.
Equal Employment Opportunity .............................
19
Section 10.3.
Restrictions on Use ......................................
19
Section 10.4.
Provisions Not Merged With Deed ............................
19
Section 10.5.
Titles of Articles and Sections ...............................
19
Section 10.6.
Notices and Demands ....................................
19
Section 10.7.
Counterparts ...........................................
20
Section 10.8.
Recording ............................................
20
ARTICLE XI
Termination of Agreement
Section 11.1. Options to Terminate, Automatic Termination .................... 21
Section 11.2. Action to Terminate ..................................... 21
Section 11.3. Effect of Termination .................................... 21
EXHIBIT A Description of Property
EXHIBIT B Certificate of Completion
EXHIBIT C Purchase Agreement for Development Property
DTG128008 Il
AL141-23
CONTRACT FOR PRIVATE DEVELOPA4ENT
THIS AGREEMENT, made on or as of the _ day of , 1997, by and between
THE CITY OF Albertville, MINNESOTA, a municipal corporation, under the laws of Minnesota
(the "City") and VETSCH CABINETS, INC., a Minnesota corporation (the "Developer").
WITNESSETH:
WHEREAS, pursuant Minnesota Statutes, Sections 469.124 through 469.134 (the "Act"),
the City has undertaken a program to promote economic development and job opportunities and
to promote the development of land which is underutilized within the City, and in this connection
created the Development District No. 1 (hereinafter referred to as the "Project") in an area
(hereinafter referred to as the "Project Area") located in the City and a Tax Increment Financing
District No. 8 (the "TIF District") within the Project Area, all pursuant to the Act and Minnesota
Statutes, Sections 469.174 to 469.179; and
WHEREAS, the City is authorized to undertake certaiin activities to prepare such real
property for development by private enterprise; and
WHEREAS, in order to achieve the objectives of the Project Plan the City is prepared to
reimburse certain land acquisition and development costs of the Project, in order to bring about
development in accordance with the Development Plan and this Agreement; and
WHEREAS, the City believes that the development of the Project Area pursuant to this
Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the
City and the health, safety, morals, and welfare of its residents, and in accord with the public
purposes and provisions of the applicable State and local laws -md requirements under which the
Project has been undertaken and is being assisted.
NOW, THEREFORE, in consideration of the premises and -the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
DJG128008
AL141-23
ARTICLE I
Definitions
Section I.I. Definitions. In this Agreement; unless a different meaning clearly appears
from the context:
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"City" means the City, of Albertville, Minnesota.
"Certificate of Completion" means the certification provided to the Developer pursuant
to Section 4.4 of this Agreement.
"City Development District Act" or "Act" means Minnesota Statutes, Sections 469.124
through 469.134, as amended.
"Construction Plans" ineans the plans, specifications, drawings and related documents on
the construction work to be performed on the Development Property which (a) shall be as
detailed as the plans, specifications, drawings and related documents which are submitted to the
appropriate building officials, of the City, and (b) shall include at least the following: (1) site
plan; (2) landscape plan; and. (3) such other plans or supplements to the foregoing plans as the
City may reasonably request to allow it to ascertain the nature and quality of the proposed
construction work. The Construction Plans for any building to be constructed on the
Development Property shall additionally include the following: (1) foundation plan; (2) basement
plans; (3) floor plan for each floor; (4) cross sections of each (length and width); and (6)
elevations (all sides);
"County" means the County of Wright, Minnesota.
"Developer" means V'etsch Cabinets, Inc., or its permitted successors and assigns.
"Development Property" means the real property described as such in Exhibit A of this
Agreement. After construction of the Minimum Improvements, the term means the Development
Property as improved.
"Development Plan" means the City's Project Plan for Development District No. 1, as
amended, and as it may be further amended.
"Event of Default" ;means an action by the Developer listed in Article IX of this
Agreement.
"Holder" means the owner of a Mortgage.
DJG128008 2
AL141-23
"Minimum Improvements" means construction of an approximately square
foot cabinet manufacturing facility.
"Mortgage" means any mortgage made by the Developer which is secured, in whole or
in part, with the Development Property and which is a permitted encumbrance pursuant to the
provisions of Article VIII of this Agreement.
"Project" means the City's Development District No. 1.
"Project Area" means the real property located within the boundaries of the Project.
"State" means the State of Minnesota.
"Tax Increment" means that portion of the real property takes which is paid with respect
to the Development Property and which is remitted to the City as tax increment pursuant to the
Tax Increment Act.
"Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes,
Sections 469.174 to 469.179, as amended.
"Tax Increment District" or "TIF District" means the City's Tax Increment Financing
District No. 8.
"Tax Increment Plan" or "TIF Plan" means the City's Tax Increment Financing Plan for
Tax Increment Financing District No. 8, as approved May 20, 1997 and as may amended.
"Tax Official" means any County assessor, County auditor, County or State board of
equalization, the commissioner of revenue of the State, or any State or federal district court, the
tax court of the State, or the State Supreme Court.
"Termination Date means the earlier of February 1, 2008, or the date on which the
Developer has been fully reimbursed for the Site Improvement Costs (as defined in Section 3.2
of this Agreement) in accordance with the terms and conditions of this Agreement.
"Unavoidable Delays means delays beyond the reasonable control of the party seeking
to be excused as a result thereof which are the direct result of strikes, other labor troubles,
prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements,
litigation commenced by third parties which, by injunction or other similar judicial action,
directly results in delays, or acts of any federal, state or local governmental unit (other than the
City in exercising its rights under this Agreement) which directly result in delays. Unavoidable
Delays shall not include delays in the Developer's obtaining of permits or governmental approvals
necessary to enable construction of the Minimum Improvements by the dates such construction
is required under Section 4.3 of this Agreement.
DJG128008 3
AL141-23
ARTICLE II
Representations and Warranties
Section 2.1. Representations by the City. The City makes the following representations
as the basis for the undertaking on its part herein contained:
(a) The City has the power to enter into this Agreement and carry out its obligations
hereunder.
(b) The activities of the City are undertaken for the purpose of fostering the
development of certain real property which for a variety of reasons is presently unutilized and
underutilized, and for the purpose of promoting economic development and the creation of
employment opportunities.
Section 2.2. Representations and Warranties by the Developer. The Developer represents
and warrants that:
(a) The Developer has power to enter into this Agreement.
(b) The Developer will cause to be constructed, operated, and maintained the
Minimum Improvements in accordance with the terms of this Agreement, the Development Plan,
and all local, state, and federal laws and regulations (including, but not limited to, environmental,
zoning, building code, and public health laws and regulations).
(c) The Developer has received no notice or communication from any local, state, or
federal official that the activities of the Developer or the City in the Project Area may be or will
be in violation of any environmental law or regulation (other than those notices or
communications of which the City is aware). The Developer is aware of no facts the existence
of which would cause it to be in violation of or give any person a valid claim under any local,
state, or federal environmental law, regulation or review procedure.
(d) The Developer will cause the Minimum Improvements to be constructed in
accordance with all local, state, or federal energy -conservation laws or regulations.
(e) The Developer will obtain or cause to be obtained, in a timely manner, all required
permits, licenses and approvals, and will meet, in a timely manner, all requirements of all
applicable local, state, and federal laws and regulations which must be obtained or met before the
Minimum Improvements may be lawfully constructed.
(f) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by, or conflicts with or results in a breach of
the terms, conditions, or provisions of any :restriction or any evidences of indebtedness,
agreement, or instrument of whatever nature to which the Developer is now a party or by which
it is bound, or constitutes a default under any of the foregoing.
DJG128008 4
AL141-23
(g) Whenever any Event of Default occurs and if the City shall employ attorneys or
incur other expenses for the collection of payments due or to become due, or for the enforcement
of performance or observance of any obligation or agreement on the part of the Developer under
this Agreement, the Developer agrees that it shall, within ten days of written demand by the City,
pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the
City.
(h) The proposed development by the Developer hereunder would not occur but for
the tax increment financing assistance being provided by the City hereunder.
DJG128008 5
AL141-23
ARTICLE III
Acquisition and Conveyance of Property:
Assessments and Land Acquisition
Section 3.1. Acquisition and Conveyance of the Development Property. As of the date
of this Agreement, the City owns the Development Property, which is valued at $13,000 for the
purposes of establishing a base value for the TIF Plan. In accordance with the terms and
conditions of the purchase agreement set forth at Exhibit C (the "Purchase Agreement"), the City
will convey the Development Property to the Developer at a reduced price of $1,394. This write-
down is intended to satisfy the local contribution requirement set forth in Minnesota Statutes,
Section 273.1399, subd. 6(d)(1)(A).
Section 3.2. Site Improvements. (a) In order to make development of the Minimum
Improvements economically feasible, the City will reimburse the Developer, in the manner set
forth herein, for up to $75,000 of the Site Improvement Costs, hereby defined as the costs of
grading, excavation, landscaping, soil corrections, installation of sanitary sewer, water, and storm
sewer utilities, and construction of footings and parking facilities (the "Site Improvements");
provided that all such costs are incurred by the Developer and designed to serve the Minimum
Improvements. In no case shall the City reimburse the Developer for more than $75,000 of the
Site Improvement Costs incurred by the Developer, in the individual amounts shown. Any Site
Improvement Costs in excess of this amount shall be the responsibility of the Developer. The
City shall have no obligation to the Developer or to any third party with respect to any defects
in the construction of improvements financed or reimbursed by the City pursuant to this
Agreement.
(b) The City will reimburse the Developer for the Site Improvements Costs in
accordance with the terms and conditions set forth in Section 3.3.
Section 3.3. Financing of Site Improvements. (a) The Site Improvement Costs will be
paid, with simple interest thereon at 8.00% per annum, by the City to the Developer in semi-
annual installments payable on each February 1 and August 1 ("Payment Dates") commencing
August 1, 1999 and concluding no later than the Termination Date. These payments will be
made from Available Tax Increment as defined in this Section 3.3 and from no other source.
(b) The term "Available Tax Increment" means 89.90 percent of the Tax Increment
with respect to the Development Property as calculated by the County and paid to the City during
the six months preceding any Payment Date.
(c) If on any Payment Date there is available to the City insufficient Available Tax
Increment to pay the amounts due on such date, the amount of such deficiency shall be deferred
and shall be paid, without interest thereon, on the next Payment Date on which the City has
available to it Available Tax Increment in excess of the amount necessary to pay the amount due
on such Payment Date.
DJG128008 6
AL141-23
(d) The City shall have no obligation to pay any portion of the Site Improvement
Costs that remains unpaid after the Termination Date. The City may prepay the Site
Improvement Costs at any time.
(e) The City shall not be obligated to make any payment under this Section if: (i)
there is an Event of Default on the Developer's part under this Agreement that has not been cured
as of the Payment Date; or (ii) the Developer has failed to comply with the payment procedures
described in paragraph (f) herein.
(f) At least 30 days before the first Payment Date, the Developer must submit to the
City a payment request certificate signed by its duly authorized representative stating that the
Developer has paid Site Improvement Costs in an amount that equals at least $75,000, and that
no Event of Default has occurred and is continuing under this Agreement. The first payment
request certificate must be accompanied by a certificate of a project engineer or other project
supervisor showing in adequate detail that the Site Improvement Costs have been incurred and
paid by the Developer.
(g) The City makes no warranties or representations that Available Tax Increment will
be sufficient to pay the Site Improvement Costs. The Developer agrees and understands that
Available Tax Increment is subject to calculation by the County and change in State law, and that
a significant portion of Site Improvement Costs may remain unpaid after the Termination Date.
The Developer further agrees and understands that TIF estimates provided by the City, and its
agents, officers, or employees are estimates only and not intended for the Developer's reliance.
Section 3.4. Payment of Administrative Costs. The Developer agrees that it will pay,
upon demand by the City, Administrative Costs as hereafter defined. For the purposes of this
Agreement, the term "Administrative Costs" means out of pocket costs, including without
limitation legal fees, incurred by the City attributable to or incurred in connection with the
negotiation and preparation of this Agreement, and. other documents and agreements in connection
with the development contemplated hereunder. Administrative Costs shall be evidenced by
invoices, statements, or other reasonable written evidence of the costs incurred by the City.
Section 3.5. Records. The City may at all reasonable times, after reasonable notice,
inspect, examine and copy all books and records of the Developer relating to the Minimum
Improvements. The Developer shall use its best efforts to cause the contractor or contractors, all
subcontractors, and their agents and lenders to make their books and records relating to the Site
Improvements available to the City upon reasonable notice, for inspection, examination and audit.
These records shall be kept and maintained by the Developer for a period of four years following
completion of construction of the Site Improvements.
Section 3.6. Soil Conditions. Except as set forth in the Purchase Agreement, the
Developer acknowledges that the City makes no representations or warranties as to the condition
of the soils on the Development Property or its fitness for construction of the Minimum
Improvements or any other purpose for which the Developer may make use of the Development
Property, provided further that in any event the Developer further agrees that it will indemnify,
defend, and hold harmless the City, and its governing body members, officers, agents, and
DJG128008 7
AL141-23
employees, from any claims or actions arising out of the presence, if any, of hazardous wastes
or pollutants on the property.
Section 3.7. Job and Wage Covenants. (a) By no later than two years after the first date
on which the Developer receives any tax increment payment under Article III hereof, the
Developer shall cause to be created on the Development Property at least new full-
time equivalent jobs with wages of at least $ per hour. The Developer shall submit
to the City a written report by April 1 of each year after completion of the Minimum
Improvements describing employment and wages in sufficient detail to enable the City to
determine compliance with this Section.
(b) If the Developer fails to comply with any of the terms of Section 3.7(a), the
Developer shall repay to the City upon written demand from the City any tax increment payments
disbursed to the Developer under this Agreement, and shall further pay to the City the amount
of $11,606 as reimbursement for the value of the land write -down described in Section 3.1.
Nothing in this Section shall be construed to limit the City's remedies under Article IX hereof.
Section 3.8. Incorporation of and Effect on Purchase Agreement. The terms and
conditions of the Purchase Agreement are hereby incorporated in this Agreement as fully as set
forth in full herein. Nothing in this Agreement shall be construed to waive or limit any remedy
or right available to the City, or any obligation of the Developer, as set forth in the Purchase
Agreement.
DJG128008 8
AL141-23
ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Minimum Improvements. The Developer agrees that it will
cause to be constructed the Minimum Improvements on the Development Property in accordance
with the approved Construction Plans, and at all times prior to the Termination Date will operate
and maintain, preserve and keep the Minimum Improvements or cause the Minimum
Improvements to be maintained, preserved, and kept with the appurtenances and every part and
parcel thereof, in good repair and condition.
Section 4.2. Construction Plans. (a) Before beginning construction of the Minimum
Improvements, the Developer shall submit to the City Construction Plans. The Construction
Plans shall provide; for the construction of the Minimum Improvements and shall be in conformity
with the Development Plan, this Agreement, and all applicable State and local laws and
regulations. The City will approve the Construction Plans in writing if: (i) the Construction Plans
conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to
the goals and objectives of the Development Plan; (iii) the Construction Plans conform to all
applicable federal, state and local laws, ordinances, rules and regulations; (iv) the Construction
Plans are adequate to provide for construction of the Minimum Improvements; (v) the
Construction Plans do not provide for expenditures in excess of the funds available to the
Developer for construction of the Minimum Improvements; and (vi) no Event of Default has
occurred. Approval may be based upon a review by the City's Building Official of the
Construction Plans. No approval by the City shall relieve the Developer of the obligation to
comply with the terms of this Agreement or of the Development Plan, applicable federal, state
and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in
accordance therewith. No approval by the City shall constitute a waiver of an Event of Default.
If approval of the Construction Planes is requested by the Developer in writing at the time of
submission, such Construction Plans shall be deemed approved unless rejected in writing by the
City, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall
be made within 30 days after the date of their receipt by the City. If the City rejects any
Construction Plans in whole or in part, the Developer shall submit new or corrected Construction
Plans within 30 clays after written notification to the Developer of the rejection. The provisions
of this Section relating to approval, rejection and resubmission of corrected Construction Plans
shall continue to apply until the Construction Plans have been approved by the City. The City's
approval shall not be unreasonably withheld. Said approval shall constitute a conclusive
determination that the Construction Plans (and the Minimum Improvements constructed in
accordance with said plans) comply to the City's satisfaction with the provisions of this
Agreement relating thereto.
(b) If the Developer desires to make any material change in the Construction Plans
after their approval by the City, the Developer shall submit the proposed change to the City for
its approval. If the Construction Plans, as modified by the proposed change, conform to the
requirements of this Section 4.2 of this Agreement with respect to such previously approved
Construction Plans, the City shall approve the proposed change and notify the Developer in
writing of its approval. Such change in the Construction Plans shall, in any event, be deemed
DJG128008 9
AL141-23
approved by the City unless rejected, in whole or in part, by written notice by the City to the
Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten
(10) days after receipt of the notice of such change. The City's approval of any such change in
the Construction Plans will not be unreasonably withheld.
Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable
Delays, the Developer shall complete the construction of the of Minimum Improvements by
December 31, 1997. All work with respect to the Minimum Improvements to be constructed or
provided by the Developer on the Development Property shall be in conformity with the
Construction Plans as submitted by the Developer and approved by the City.
The Developer agrees for itself, its successors and assigns, and every successor in interest
to the Development Property, or any part thereof, that the Developer, and such successors and
assigns, shall promptly and diligently prosecute to completion the development of the
Development Property through the construction of the Minimum Improvements thereon, and that
such construction shall in any event be commenced and, completed within the period specified
in this Section 4.3 of this Agreement. Subsequent to the Developer's acquisition of title to the
Development Property, or any part thereof, and until construction of the Minimum Improvements
has been completed, the Developer shall make reports, in such detail and at such times as may
reasonably be requested by the City, as to the actual progress of the Developer with respect to
such construction.
Section 4.4. Certificate of Completion. (a) Promptly after substantial completion of each
the Minimum Improvements in accordance with those provisions of this Agreement relating solely
to the obligations of the Developer to construct the Minimum Improvements (including the dates
for beginning and completion thereof), the City will furnish the Developer with the Certificate
shown as Exhibit C. Such certification by the City shall be a conclusive determination of
satisfaction and termination of the agreements and covenants in this Agreement with respect to
the obligations of the Developer, and. its successors and assigns, to construct the Minimum
Improvements and the dates for the beginning and completion thereof. Such certification and
such determination shall not constitute; evidence of compliance with or satisfaction of any
obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing
money loaned to finance the Minimum Improvements, or any part thereof.
(b) If the City shall refuse or fail to provide any certification in accordance with the
provisions of this Section 4.4 of this Agreement, the City shall, within thirty (30) days after
written request by the Developer, provide the Developer with a written statement, indicating in
adequate detail in what respects the Developer has failed to complete the Minimum Improvements
in accordance with the provisions of this Agreement, or is otherwise in default, and what
measures or acts it will be necessary, in the opinion of the City, for the Developer to take or
perform in order to obtain such certification.
(c) The construction of the Minimum Improvements shall be deemed to be
substantially completed when the Developer has received an occupying permit from the
responsible inspecting authority.
DJc129008 10
AL141-23
.ARTICLE V
Insurance and Condemnation
Section 5.1. Insurance. (a) The Developer will provide and maintain at all times during
the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance
Policy and, from time to time during that period, at the request of the City, furnish the City with
proof of payment of premiums on policies covering the following:
(i) Builder's risk insurance, written on the so-called "Builder's Risk --
Completed Value Basis," in an amount equal to one hundred percent (100%) of the
insurable value of the Minimum Improvements at the date of completion, and with
coverage available in nonreporting form on the so-called "all risk" form of policy. The
interest of the City shall be protected in accordance with a clause in form and content
satisfactory to the City;
(ii) Comprehensive general liability insurance (including operations, contingent
liability, operations of subcontractors, completed operations and contractual liability
insurance) together with an Owner's Contractor's Policy with limits against bodily injury
and property damage of not less than $1,000,000 for each occurrence (to accomplish the
above -required limits, an umbrella excess liability policy may be used); and
(iii) Workers' compensation insurance, with statutory coverage.
(b) Upon completion of construction of the Minimum Improvements and prior to the
Termination Date, the Developer shall. maintain, or cause to be maintained, at its cost and
expense, and from time to time at the request of the City shall furnish proof of the payment of
premiums on, insurance as follows:
(i) Insurance'against loss and/or damage to the Minimum Improvements under
a policy or policies covering such risks as are ordinarily insured against by similar
businesses;
(ii) Comprehensive general public liability insurance, including personal injury
liability (with employee exclusion deleted), against: liability for injuries to persons and/or
property, in the minimum amount for each occurrence and for each year of $1,000,000,
and shall be endorsed to show the City as additional insured; and
(iii) Such other insurance, including; workers' compensation insurance respecting
all employees of the Developer, in such amount as is customarily carried by like
organizations engaged in like activities of comparable size and liability exposure; provided
that the Developer may, if permitted by law, be self -insured with respect to all or any part
of its liability for workers' compensation.
(c) All insurance required in Article V of this Agreement shall be taken out and
maintained in responsible insurance companies selected by the Developer which are authorized
DJG128008 11
AL141-23
under the laws of the State to assume the risks covered thereby. Upon request, the Developer
will deposit annually with the City policies evidencing all such insurance, or a certificate or
certificates or binders of the respective insurers stating that such insurance is in force and effect.
Unless otherwise provided in this Article V of this Agreement, each policy shall contain a
provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage
provided below the amounts required herein without giving written notice to the Developer and
the City at least thirty (30) days before the cancellation or modification becomes effective. In
lieu of separate policies, the Developer may maintain a single policy, blanket or umbrella
policies, or a combination thereof, having the coverage required herein, in which event the
Developer shall deposit with the City a certificate or certificates of the respective insurers as to
the amount of coverage in force upon the Minimum Improvements.
(d) The Developer agrees to notify the City :immediately in the case of damage
exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion
thereof resulting from fire or other casualty. In such event the Developer either will forthwith
repair, reconstruct, and restore the Minimum Improvements to substantially the same or an
improved condition or value as it existed prior to the event causing such damage and, to the
extent necessary to accomplish such repair, reconstruction, and restoration, the Developer will
apply the Net Proceeds of any insurance; relating to such damage received by the Developer to
the payment or reimbursement of the costs thereof.
The Developer shall complete the repair, reconstruction, and restoration of the Minimum
Improvements, ,whether or not the Net Proceeds of insurance received by the Developer for such
purposes are sufficient to pay for the same. Any Net Proceeds remaining after completion of
such repairs, construction and restoration shall be the property of the Developer.
(e) The Developer and the City agree that all of the insurance provisions set forth in
this Article V shall terminate upon the Termination Date.
DJG128008 12
AL141-23
ARTICLE VI
Tax Increment: Taxes
Section 6. L Right to Collect Delinquent Taxes. The Developer acknowledges that the
City is providing substantial aid and assistance in furtherance of the development. The Developer
understands that the tax increment intended to pay expenses of the City and the Developer are
derived from real estate taxes on the Development Property, which taxes must be promptly and
timely paid. To that end, the Developer agrees for itself, its successors and assigns, in addition
to the obligation pursuant to statute to pay real estate taxes, that it is also obligated by reason of
this Agreement to pay before delinquency all real estate taxes assessed against the Development
Property and the Minimum Improvements. The Developer acknowledges that this obligation
creates a contractual right on behalf of the City to sue the Developer or its successors and assigns
to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same
as a tax payment to the county auditor. In any such suit, the City shall also be entitled to recover
its costs, expenses and reasonable attorney fees.
Section 6.2. Use of Tax Increments. Except for its obligations under this Agreement
regarding Available Tax Increment, the City shall be free to use any tax increment received from
the Property for any purpose for which such increment may lawfully be used, pursuant to the
provisions of Minnesota law, and the City shall have no obligations to the Developer with respect
to the use of such increment.
DJG128008 13
AL141-23
ARTICLE VII
Mortgage Financing
Section 7.1. Mortgage Financii1g. (a) Before commencement of construction of the
Minimum Improvements, the Developer shall submit to the City evidence of one or more
commitments for mortgage financing; which, together with committed equity for such
construction, is sufficient for the acquisition of the Development Property, platting, construction
of the public improvements in connection with the plat, and undertaking the Minimum
Improvements. Such commitments may be submitted as short term financing, long term
mortgage financing, a bridge loan with a long term take-out financing commitment, or any
combination of the foregoing. Such commitment or commitments for short term or long term
mortgage financing shall be subject only to such conditions as are normal and customary in the
mortgage banking industry.
(b) If the City finds that the mortgage financing is sufficiently committed and adequate
in amount to provide for the construction of the Minimum Improvements then the City shall
notify the Developer in writing of its approval. Such approval shall not be unreasonably withheld
and either approval or rejection shall be given within thirty (30) days from the date when the City
is provided the evidence of mortgage financing. A failure by the City to respond to such
evidence of mortgage financing shall be: deemed to constitute an approval hereunder. If the City
rejects the evidence of mortgage financing as inadequate, it shall do so in writing specifying the
basis for the rejection. In any event the Developer shall submit adequate evidence of mortgage
financing within thirty (30) days after such rejection.
Section 7.2. City's Option to Cure Default on Mortgage. In the event that there occurs
a default under any Mortgage authorized pursuant to this Agreement, the Developer shall cause
the City to receive copies of any notice: of default received by the Developer from the holder of
such Mortgage. Thereafter, the City shall have the right, but not the obligation, to cure any such
default on behalf of the Developer within such cure periods as are available to the Developer
under the Mortgage documents.
DJG128008 14
AL141-23
ARTICLE VIII
Prohibitions Against Assignment and Transfer; Indemnification
Section 8.1. Representation as to Development. The Developer represents and agrees that
its undertakings pursuant to this Agreement are for the purpose of development of the
Development Property and not for speculation in land.
Section 8.2. Prohibition A ag�nst Developer's Transfer of Property and Assimment of
Agreement. The Developer represents and agrees that prior to issuance of the Certificate of
Completion for the Minimum Improvements:
(a) Except only by way of security for, and only for, the purpose of obtaining
financing necessary to enable the Developer or any successor in interest to the Development
Property, or any part thereof, to perform its obligations with respect to constructing the Minimum
Improvements, and any other purpose authorized by this Agreement, the Developer has not made
or created and will not make or create or suffer to be made or created any total or partial sale,
assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form
of or with respect to this Agreement or the Development Property or any part thereof or any
interest therein, or any contract or agreement to do any of the same, except for any part or
portion of the Development Property for which the Developer has received a Certificate of
Completion, without the prior written approval of the City unless the Developer remains liable
and bound by this Agreement in which event the City's approval is not required. Any such
transfer shall be subject to the provisions of this Agreement.
(b) In the event the Developer, upon transfer or assignment of the Development
Property or any portion thereof, seeks to be released from its obligations under this Agreement
as to the portion of the Development. Property that is transferred or assigned, the City shall be
entitled to require, except as otherwise provided in this Agreement, as conditions to any such
release that:
(i) Any proposed transferee shall have the qualifications and financial
responsibility, in the reasonable judgment of the City, necessary and adequate to fulfill
the obligations undertaken in this Agreement by the Developer as to the portion of the
Development Property to be transferred.
(ii) Any proposed transferee, by instrument in writing satisfactory to the City
and in form recordable among the land records, shall, for itself and its successors and
assigns, and expressly for the benefit of the City, have expressly assumed all of the
obligations of the Developer under this Agreement as to the portion of the Development
Property to be transferred and agreed to be subject to all the conditions and restrictions
to which the Developer is subject as to such portion; provided, however, that the fact that
any transferee of, or any other successor in interest whatsoever to, the Development
Property, or any part thereof, shall not, for whatever reason, have assumed such
obligations or so agreed, and shall not (unless and only to the extent otherwise specifically
provided in this Agreement or agreed to in writing by the City) deprive the City of any
DJG128008 15
AL141-23
rights or remedies or controls with respect to the Development Property or any part
thereof or the construction of the Minimum Improvements; it being the intent of the
parties as expressed in this Agreement that (to the fullest extent permitted at law and in
equity and excepting only in the manner and to the extent specifically provided otherwise
in this Agreement) no transfer of, or change with respect to, ownership in the
Development Property or any part thereof, or any interest therein, however consummated
or occurring, and whether voluntary or involuntary, shall operate, legally or practically,
to deprive or limit the City of or with respect to any rights or remedies on controls
provided in or resulting from this Agreement with respect to the Minimum Improvements
that the City would have had, 'had there been no such transfer or change. In the absence
of specific written agreement by the City to the contrary, no such transfer or approval by
the City thereof shall be deemed to relieve the Developer, or any other party bound in any
way by this Agreement or otherwise with respect to the construction of the Minimum
Improvements, from any of its obligations with respect thereto.
(iii) Any and all instruments and other legal documents involved in effecting
the transfer of any interest in this Agreement or the Development Property governed by
this Article VIII, shall be in a form reasonably satisfactory to the City.
In the event the foregoing conditions are satisfied then the Developer shall be released from its
obligation under this Agreement, as to the portion of the Development Property that is
transferred, assigned or otherwise conveyed.
After issuance of the Certificate of Completion for the Minimum Improvements, the
Developer may transfer or assign the part or portion of the Development Property for which the
Certificate of Completion has been issued without the prior written consent of the City, provided
that the transferee or assignee is bound by all the Developer's obligations hereunder. The
Developer shall submit to the City written evidence of any such transfer or assignment, including
the transferee or assignee's express assumption of the Developer's obligations under this
Agreement. If the Developer fails to provide such evidence of transfer and assumption, the
Developer shall remain bound by all it obligations under this Agreement.
Section 8.3„ Release and Indemnification Covenants. (a) The Developer releases from
and covenants and agrees that the City and the governing body members, officers, agents,
servants, and employees thereof shall not be liable for, and agrees to defend, indemnify and hold
harmless the City and the governing body members, officers, agents, servants, and employees
thereof against, any loss or damage to property or any injury to or death of any person occurring
at or about or resulting from any defect in the Minimum Improvements or the Development
Property.
(b) Except for any willful misrepresentation or any willful or wanton misconduct of
the following named parties, the Developer agrees to protect and defend the City and the
governing body members, officers, agents, servants, and employees thereof, now or forever, and
further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other
proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from
this Agreement, or the transactions contemplated hereby, or the acquisition, construction,
installation, ownership, and operation of the Minimum Improvements and the Development
DJc128008 16
AL141-23
Property. Without limitation of the foregoing, the Developer agrees to protect and defend the
City and the governing body members, officers, agents, servants, and employees thereof, now or
forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action
or other proceeding whatsoever by the State, its agencies, the County, or any other governmental
entity seeking recoupment from or repayment by the City of any Tax Increment paid to or
expended by the City pursuant to this Agreement or the existence of the TIF District, and to
reimburse the City, to the fullest extent permitted by law, for any Tax Increment recouped by or
repaid to any of the foregoing entities.
(c) The City and the governing body members, officers, agents, servants, and
employees thereof shall not be liable for any damage or injury to the persons or property of the
Developer or its officers, agents, servants or employees or any other person who may be about
the Development Property, the Minimum Improvements due to any act of negligence of any
person.
(d) All covenants, stipulations, promises, agreements, and obligations of the City
contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and
obligations of the City and not of any governing body member, officer, agent, servant, or
employee of the City in the individual capacity thereof.
DJG128008 17
AL141-23
ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined. The following shall be "Events of Default" under
this Agreement and the term "Event of Default" shall mean, whenever it is used in this
Agreement (unless the context otherwise provides), any failure by any party to observe or
perform any other covenant, condition, obligation or agreement on its part to be observed or
performed hereunder, or under the terms of the Purchase .Agreement.
Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section
9.1 of this Agreement occurs, the non -defaulting party may exercise its rights under this Section
9.2 after providing thirty days written notice to the defaulting party of the Event of Default, but
only if the; Event of Default has not been cured within said thirty days or, if the Event of Default
is by its nature incurable within thirty days, the defaulting party does not provide assurances
reasonably satisfactory to the non -defaulting party that the Event of Default will be cured and
will be cured as soon as reasonably possible:
(a) Suspend its performance under this Agreement until it receives assurances that the
defaulting; parry will cure its default and continue its performance under this Agreement.
(b) Cancel and rescind or terminate this Agreement.
(c) Take whatever action, including legal, equitable or administrative action, which
may appear necessary or desirable to collect any payments due under this Agreement, or to
enforce performance and observance of any obligation, agreement, or covenant under this
Agreement.
In addition, the City, may withhold issuance of a Certificate of Completion upon a default
by the Developer.
Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the
City or Developer in this Agreement or the Option Agreement is intended to be exclusive of any
other available remedy or remedies, but each and every such remedy shall be cumulative and
shall be in addition to every other remedy given under this Agreement or now or hereafter
existing at law or in equity or by statute. No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or power or shall be construed to be a
waiver thereof, but any such right and power may be exercised from time to time and as often
as may be deemed expedient. In order to entitle the City to exercise any remedy reserved to it,
it shall not be necessary to give notice, other than such notice as may be required in this Article
IX.
Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Agreement should be breached by either party and thereafter waived by the
other party, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any other concurrent, previous or subsequent breach hereunder.
DJc12800e 18
AL141-23
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests• City Representatives Not Individually Liable. The
City and the Developer, to the best of their respective knowledge, represent and agree that no
member, official, or employee of the City shall have any personal interest, direct or indirect, in
this Agreement, nor shall any such member, official, or employee participate in any decision
relating to this Agreement which affects his personal interests or the interests of any corporation,
partnership, or association in which he is, directly or indirectly, interested. No member, official,
or employee of the City shall be personally liable to the Developer, or any successor in interest,
in the event of any default or breach by the City or County or for any amount which may
become due to the Developer or successor or on any obligations under the terms of this
Agreement.
Section 10.2. Equal Employment Opportunity. The Developer, for itself and its
successors and assigns, agrees that during the construction of the Minimum Improvements
provided for in this Agreement it will comply with all applicable federal, state, and local equal
employment and non-discrimination laws and regulations.
Section 10.3. Restrictions on Use. The Developer agrees that the Developer, and its
successors and assigns, shall not discriminate upon the basis of race, color, creed, sex, or national
origin in the sale, lease, or rental, or in the use or occupancy of the Development Property or any
improvements erected or to be erected thereon, or any part thereof.
Section 10.4. Provisions Not Merged With Deed. None of the provisions of this
Agreement are intended to or shall be merged by reason of any deed transferring any interest in
the Development Property and any such deed shall not be deemed to affect or impair the
provisions and covenants of this Agreement.
Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of this Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 10.6. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under this Agreement by either party to
the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally; and
(a) in the case of the Developer, is addressed to or delivered personally to the
Developer at ; and
(b) in the case of the City, is addressed to or delivered personally to the City at City
Hall, 5975 Main Avenue NE, P.O. Box 9, Albertville, MN 55301, Attn: City Administrator;
WG128008 19
AL141-23
or at such other address with respect to either such party as that party may, from time to time,
designate in writing and forward to the other as provided in this Section.
Section 10.7. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 10.8. Recording. The City may record this Agreement and any amendments
thereto with the Wright County recorder. The Developer shall pay all costs for recording.
Section 10.9. Choice of Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or
claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota,
and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether
based on convenience or otherwise.
A7G128008 20
AL141-23
ARTICLE XI
Termination of Agreement
Section 11.1. Options to Terminate Automatic Termination. This Agreement may be
terminated by either the City or the Developer if construction of the Minimum Improvements
does not commence by , 1997.
Section 11.2. Action to Terminate. Termination of this Agreement pursuant to the first
sentence of Section 11.1 must be accomplished by the giving of ten (10) days written notification
of a party's intent to terminate.
Section 11.3. Effect of Termination. Following the termination or expiration of this
Agreement no action, claim, or demand may be based on any term or provision of this
Agreement.
DJG128008 21
AL141-23
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its
name and behalf and its seal to be hereunto duly affixed and the Developer has caused this
Agreement to be duly executed in its name and behalf on or as of the date first above written.
CITY OF ALBERTVILLE, MINNESOTA
By
Its Mayor
By
Its City Administrator
STATE OF MINNESOTA )
SS.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
_, 1997 by - and , the
Mayor and City Administrator of the City of Albertville, Minnesota, on behalf of the City.
Notary ]Public
D,TG128008 22
AL141-23
VETSCH CABINETS, INCORPORATED
By —
Its
By —
Its
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 1997
by and _ , the
and of Vetsch Cabinets, Incorporated, a Minnesota corporation, on
behalf of the corporation.
Notary Public
DJG128008 23
AL141-23
EXHIBIT A
DEVELOPMENT PROPERTY
That real property in the Wright County, state of Minnesota, legally described as follows:
Lot 1, Block 1, Vetsch Commercial Park
DJG128008 A-1
AL141-23
EXHIBIT B
CERTIFICATE OF COMPLETION
The undersigned hereby certifies; that Vetsch Cabinets, Inc. (the "Developer") has fully
complied with its obligations under Articles III and IV of that document titled "Contract for
Private Development" dated , 199 by and between the City of
Albertville and the Developer, with respect to construction of the Minimum Improvements in
accordance with the Construction Plans, and that the Developer is released and forever discharged
from its obligations to construct the Minimum Improvements under Articles III and IV.
CITY OF ALBERTVILLE, MINNESOTA
By
Its Mayor
By
Its Administrator
STATE OF MINNESOTA )
} SS.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 1997 by __ and the
Mayor and Administrator of the City of Albertville, Minnesota, on behalf of the City.
Notary Public
This document was drafted by:
KENNEDY & GRAVEN, Chartered
470 Pillsbury Center
Minneapolis, Minnesota 55402
Telephone: 337-9300
DJG128008 B-1
AL141-23
EXHIBIT C
INSERT PURCHASE AGREEMENT HERE
UJc129009 C-1
AL141-23
CERTIFICATE OF COMPLETION
The undersigned hereby certifies that Vetsch Cabinets, Inc. (the "Developer") has fully
complied with its obligations under Articles III and IV of that document titled "Contract for
Private Development" dated _ , 199 by and between the City of
Albertville and the Developer, with respect to construction of the Minimum Improvements in
accordance with the Construction Plans, and that the Developer is released and forever discharged
from its obligations to construct the Miinimum Improvements under Articles III and IV.
CITY OF ALBERTVILLE, MINNESOTA
By
Its Mayor
By
Its Administrator
STATE OF MINNESOTA )
SS.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 1997 by _ and , the
Mayor and Administrator of the City of Albertville, Minnesota, on behalf of the City.
Notary Public
This document was drafted by:
KENNEDY & GRAVEN, Chartered
470 Pillsbury Center
Minneapolis, Minnesota 55402
Telephone: 337-9300
DJG131562
AL141-23
OCT-15-1997 15:28 NAC 612 595 98"
rrelviw otwr�.] wl�es rlf3-tvrep�ll
"vf!YYum+ 1/�. ' ''
Y'�crI' -oar. fi rat S �t c..'
wf. l -fek,4 Svi ow S-h
OCT-15-1997 15:29 NAC 612 595 9937 P.04/04
dom4 t4ww
P.
ir-
ow
MAC
10-IS-97
A
m
CITY OF ALBERTVILLE
RESOLUTION #1997-53
RESOLUTION ACCEPTING THE FEASIBILITY STUDY
AND
ORDERING A PUBLIC HEARING
FOR THE
NORTHEAST SANITARY SEWER
AND WATER MAIN EXTENSION
WHEREAS, the City Council directed its City Engineer to
prepare an engineering study to determine the feasibility of a
sanitary sewer and water main extension project for the northeast
portion of the City, and;
WHEREAS, the Feasibility Study was submitted to and reviewed
by the City Council on October 20, 1997.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALBERTVILLE to accept the Feasibility Study as presented.
FURTHER, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALBERTVILLE to call for a public hearing on the improvement
project on November 17, 1997, at 7:15 PM.
PASSED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 20th DAY
OF OCTOBER, 1997.
Mark O1sen,,Mayor
ATTEST:
Linda Houghton, City Clerk
DRAFT 10-7-97
CITY OF ALBERTVILLE
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO. 1997 - /S_
AN ORDINANCE AMENDING THE ALBERTVILLE SIGN ORDINANCE (1987-3)
RELATING TO COMMERCIAUINDUSTRIAL REAL ESTATE SIGNS AND WIND LOAD
REQUIREMENTS.
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. SECTION 9, SUBDIVISION 3 OF THE SIGN ORDINANCE IS
HEREBY AMENDED TO READ AS FOLLOWS:
Subd. 3. Building and Electrical Codes Aoolicable. All signs shall be wired to
conform to the electrical code of the State of Minnesota. Sign structures shall be designed
to provide a sf snow load and a
� �., p �!"psf wind
pressure.
SECTION.2. SECTION 12, SUBSECTION 1(C) OF THE SIGN ORDINANCE IS
HEREBY AMENDED TO READ AS FOLLOWS:
(c) Industrial or Commercial Property Sale or Rental
(1) In the event of an industrial or commercial sale or rental of real
property, there shall be permitted one (1) sign facing each public street
G"tti ttl property being offered. Each sign
shall not exceed seventy-five (75) square feet in area and must be devoted
solely to the sale or rental of the property being offered and must be
removed immediately upon the sale or rental of the last property offered at
that location. Said sign may not be located closer to the property line than
fifty percent (50%) of the setback required within the particular zoning district
in which the property is located.
+ � Y
SECTION a. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE
IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this day of 1997.
0
ATTEST:
Linda Houghton, City Clerk
pc: Gary Hale
Linda Houghton
Mike Couri
Pete Carlson
CITY OF ALBERTVILLE
Mayor Mark Olsen
Sign Ordinance Amendment - 2
PLANNING & ZONING COMMISSION
October 14, 1997
Albertville City Hall 7:00 PM
PRESENT: Chair Howard Larson, Commissioners Carolyn Bauer, Jim
Brown, Donatus Vetsch, and Dan Robertus, Zoning Administrator
Garrison Hale and City Planner Liz Stockman
Chair Larson convened the regular meeting at 7:00 PM.
Moved by Vetsch, supported by Robertus, to adopt the agenda as
presented. All voted aye.
Moved by Robertus, supported by Bauer, to approve the minutes
of the September 9, 1997, minutes. All voted aye.
Chair Larson moved to discussion of the Comprehensive
Plan/Zoning Map and ordering a public hearing.
David Licht was present to give the Commission members a
history on Highway Business Zoning from 57th Street NE along both
sides of CSAH 19 to 50th Street NE. Issues on the added business
zoning would bring Albertville to five million square feet of
commercial zoning (equal to two "Mall of America's"). Questions --
What is the need? Buffering, demand, need? Purpose based on
rationale.
Richard Sybrant spoke to his interest in town house (20 acres)
development on property at corner of CSAH 19 and CSAH 37. Mr.
Sybrant is interested in zoning higher than single family.
Mr. Licht discussed issue of open space versus buffer factor.
Commercial zoning may create buffer requirements. Stockman offered
the concept of deeper lots abutting arterials/collector roads and
using screening to buffer road noise.
Commissioner Robertus stated the entire issue of Comp Plan
amendments are premature. Commissioner Brown is concerned about
spot zoning and feels business should grow from -,central business
area and extend contiguously out.
Chair Larson explained about his concern over changing the
Comp Plan for multiple housing. Larson believed the City had
allowed sufficient zoning for multiple housing.
Moved by Robertus, supported by Brown, to inform City Council
a public hearing for a Comprehensive Plan/Zon.ing Map amendment from
57th Street NE to 50th Street NE along both sides of CSAH #19 for
highway business will not be called at this time based on the fact
it is premature in accordance with applications on file. All voted
aye.
t
Planner Stockman moved to International Country, Inc. of
Albertville who wanted to request outside storage. Mr. Tom Franke
was present to discuss outside storage as a marketing tool to
attract customers in. Specialty is German antiques.
Chair Larson requested number of items stored outside. No
actual number provided.
City Planner Stockman with Zoning Administrator Hale explained
the requirements of a Conditional Use Permit.. Country Antiques
uses the side yard to show their wares.
Commissioner Vetsch asked about equal treatment of businesses
on storage issue. Mr.. Franke explained retail needs to catch the
eye of the traveler.
Stockman asked about specifying outside requirements. Brown
asked what the total area needs would be. Chair Larson explained
process to move ahead on Conditional Use Permit.
Chair Larson opened a public hearing at 7:47 PM on Ordinance
1988-12. Zoning Administrator Hale introduced the Ordinance #1988-
12. Planner Stockman explained the specifics of the ordinance text
amendments concerning Performance Standards —
Don Jensen from Pilot Land had concerns about affected
property owners being informed of changes. Mr. Jensen offered an
example where more flexibility would be allowed to the building.
Developer Jensen suggested using the Building Exchange as an
information source for city changes to ordinance affecting
performance standards.
Commissioner Vetsch posed the question how to handle ordinance
enforcement of screening requirements. Planner Stockman explained
the Zoning Administrator and/or Building Official are responsible
for enforcement. Vetsch then asked, will the city enforce and is
sufficient staff/consultant time available?
Chair Larson continued the public hearing at 8:47 PM on
Ordinance #1988-12 (Performance Standards).
Chair Larson opened the public hearing on Ordinance #1987-3
(Sign Ordinance) at 8:48 PM.
City Planner Stockman introduced the ordinance. Stockman
explained that City Attorney Couri forwarded a memo on rights of
sign companies under federal law.
Keith Franklin of Franklin Outdoor Advertising and Eric
Canfield of Hoey Sign Company were present to discuss the proposed
changes. Pfeffer Company Realtors were present on temporary signs.
Discussion was held on spacing and re-establishment after
damage of fifty percent (50%) Commissionet. Brown wants to see
audience attendees back up complaints about the proposed ordinances
amendments.
Mr. Jim Franklin addressed billboard signage and explained the
2
41
City welcomed Franklin Outdoor Signs several years ago with their
headquarters and billboard signs. Why is outdoor advertising not
welcome any longer?
Mr. Keith Franklin concerned about principal use issues.
Stated this issue will lead to lawsuits over property owner rights.
Commissioner Brown refreshed memories on 1,000 foot spacing
and questioned windloading at 30 psi.
Further discussion took place over principal use and lot size,
platting, access, etc.
Eric Canfield, Hoey Sign Company, discussed principal use for
a sign and not other uses after October 15, 2007. Commissioner
Brown discussed an example of principal use.
Planner Stockman moved on to "for sale" or "rental signs" for
land sale of industrial {commercial sites. Distance was considered.
Pffefer Sign requested expanded sign size to allow for
visibility from the freeway.
Chair Larson closed the public hearing on Ordinance #1987-3
(Sign Ordinance) at 9:49 PM.
Chair Larson reconvened the public hearing on Ordinance #1988-
12 (Performance Standards) at 9:49 PM.
Commissioners and audience members continued the ordinance
review item by item.
Chair Larson continued the public hearing on Ordinance #1988-
12 (Performance Standards) at 10:03 PM.
Chair Larson continued the public hearing on Ordinance
Amending the Albertville Subdivision Ordinance at 10:04 PM to
November 10, 1997, at 7:00 PM.
Hale explained the Don's Bus Garage Tax Increment Financing
Project for a new building, road and site improvements.
Moved by Brown, supported by Bauer to adopt RESOLUTION FINDING
THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO. 9
AND THE MODIFICATION TO THE DEVELOPMENT DISTRICT'NO. 1 CONSISTENT
WITH THE PLANS FOR DEVELOPMENT OF THE CITY OF ALBERTVILLE. All
voted aye.
Moved by Bauer, supported by Vetsch, to establish the regular
November Planning & Zoning Meeting on Monday, November 10, 1997, at
7:00 PM due to Veteran's Day. All voted aye.
Moved by Brown, supported by Robertus, to establish a public
hearing at 7:00 PM on November 10, 1997, to consider changing the
park dedication fee and percent land dedication fee. All voted
aye.
Moved by Robertus, supported by Bauer, to establish a public
',A , a
hearing at 7:00 PM on November 10, 1997, to consider a rezoning for
the Cedar Creek Golf Course Master Plan from R1-A to PUD. All
voted aye.
Moved by Brown, supported by Bauer, to adjourn at 10:12 PM.
All voted aye.
V
Howard Larson, Chair
Garrison Hale, Zoning Admin.
4
BY:
Michael C. Couri
R.adzwill & Couri
P.O. Box 369
705 Central Ave. E
St Michael„ MN 55376
p
�y