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1998-12-07 CC PacketALBERTVILLE CITY COUNCIL AGENDA � 91998 7:00 PM 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES (a) November 16, 1998, regular City Council Meeting (b) December 2, 1998, Truth in Taxation Hearing 3. CITIZEN FORUM- (10 Minute Limit) 0 7 19.ICE ►11`� �J 'Nfo ir, C_"_.1-_t0fT, Itl_N0!?1CKSON 4. CONSENT AGENDA (a) Approval to pay bills (Check #'s (b) Financial Statement (November 1998) (c) WWTF Monthly Operations Report (October 19980 (d) Approve 1999 annual contract amount of $97,894 for PSG for Contract Operations, Maintenance and Management of the Albertville WWTF (e) 1999 Budget Proposal for the Joint Powers Water Board S 5. • Public Hearing on the assessment of the CSAH 19/37 Intersection Realignment Project 6. DEPARTMENT BUSINESS a. Legal (1) Senior Housing TIF Agreement with Cottages of Albertville Two, LLC ( • (2) Park Dedication Fees for Sunrise Commercial P k—Pay (�) b. Engineerin (1) Wastewater Treatment Facilities Plan • RESOLUTION #1998-17 (A Resolution Adopting the Wastewater Treatment Plant Public Facilities Plan and Implementing the Selected Alternative) S • Authorize PSG to apply for NPDES permit ,5t 9'/#2) Discuss recommendations from Technical Advisory Committee (TAC) regarding Joint Powers Water Department (3) Greenhaven Estates Drainage Project (4) Wetland Issue — JMJ Properties f"�J -�°`"(5) c. Planning & Zoning (1) Variance for STMA Youth Hockey Association to allow galvalume roof on ice arena building (2) Final Plat — Cedar Creek North 2"d Addition (3) Final Plat — Karston Cove 2"d Addition d. Administration (1) STMA Ice Arena Board — Request for short-term loan (2) Request from residents to add street light at the intersection of 61 sc Street and Kalland Drive (3) Discuss sample job descriptions • Administrator/Clerk-Treasurer • Maintenance Supervisor/Public Works Supervisor • Zoning Administrator/Planner (4) RESOLUTION #1998-25 (A Resolution Adopting the Final 1998 Tax Levy Collectible in 1999) (5) RESOLUTION #1998-26 (A Resolution Adopting the 1999 Final Budget) (6) 4JA7".4t 7. ADJOURNMENT UPCOMING MEETINGSAMPORTANT DATES December 8 Regular Planning & Zoning Meeting 7:00 PM December 16 (?) Joint City Council Meetings with St. Michael, 7:00 PM Albertville and Hanover (RE: Joint Powers Water) December 21 Regular City Council Meeting 7:00 PM December 28 Joint Powers Water Board 7:00 PM January 4 Regular City Council Meeting 7:00 PM ALBERTVILLE CITY COUNCIL November 16, 1998 Albertville City Hall 7:00 PM PRESENT: Mayor Mark Olsen, Councilmembers Robert Gundersen, Duane Berning, Patti Stalberger and John Vetsch, City Administrator David Lund, City Clerk Linda Goeb, City Engineer Pete Carlson and City Attorney Mike Couri Mayor Olsen called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add Item 4f — Request for reduction in letter of credit for Karston Cove • Remove Item 4b from Consent Agenda and move to Item 6b(9) • Pull Check # 11179 from the Consent Agenda • Add Item 6b(10) — Ice Arena • Add Item 6b(11) — Personnel discussion Olsen made a motion to approve the agenda as amended. Gundersen seconded the motion. All voted aye. Berning made a motion to approve the minutes of the November 2, 1998, special workshop meeting, the minutes of the November 2, 1998, regular City Council meeting, and the minutes of the November 5, 1998, canvassing board meeting as presented. Stalberger seconded the motion. All voted aye. Mayor Olsen asked if anyone present wished to address the Council under the Citizen Forum portion of the agenda. No one addressed the Council. Vetsch made a motion to approve payment of Check #'s 11146 — 11178 and Check #'s 11180 — 11186 as presented. Gundersen seconded the motion. All voted aye. Vetsch made a motion to approve RESOLUTION #1998-22 titled A RESOLUTION ESTABLISHING A SCHEDULE FOR THE PUBLIC COMPOST SITE. Gundersen seconded the motion. All voted aye. Vetsch made a motion to approve the Revenue/Expenditure Report for the month of October as presented. Gundersen seconded the motion. All voted aye. Vetsch made a motion to approve RESOLUTION #1998-23 titled A RESOLUTION CERTIFYING UNCOLLECTED SEWER AND STORM ALBERTVILLE CITY COUNCIL November 16, 1998 Page 2 of 5 WATER BILLS TO WRIGHT COUNTY FOR COLLECTION WITH REAL ESTATE TAXES. Gundersen seconded the motion. All voted aye. Vetsch made a motion to approve the reduction in the letter of credit for Karston Cove from $150,000 to $60,000. Gundersen seconded the motion. All voted aye. Mayor Olsen opened the assessment hearing on the assessment of the CSAH 19/37 Intersection Realignment Project. City Attorney Mike Couri told the Council that there was an error in the assessment roll prepared for the meeting and that notices to three property owners misstated the amount of the assessment. Couri further explained that the Council could choose to hold the assessment hearing on the two properties noticed correctly, but that another hearing must be scheduled to assess the remaining properties. The Council concurred to reschedule the public hearing on all the properties to be assessed. Berning made a motion to adopt RESOLUTION #1998-24 titled A RESOLUTION ESTABLSIHING AN ASSESSMENT HEARING FOR THE CSAH 19/37 INTERSECTION REALIGNMENT PROJECT, scheduling the public hearing for December 7, 1998, at the Albertville City Hall at 7:00 PM. Olsen seconded the motion. All voted aye. Mayor Olsen closed the public hearing at 7:20 PM. Engineer Pete Carlson reviewed the possibilities for the expansion of the wastewater treatment facility. He recommended the Council construct oxidation ditches in the first phase and plan for the construction of reed beds in 5-7 years. The Council discussed the phasing of the total expansion and concurred the project should be completed in two phases vs. three phases. Carlson will prepare a resolution adopting the revised Facilities Plan for presentation at the December 7, 1998, meeting. ALBERTVILLE CITY COUNCIL November 16, 1998 Page 3 of 5 Olsen made a motion to table further discussion of the proposed expansion of the wastewater treatment facility until December 7. Berning seconded the motion. All voted aye. Carlson reviewed the letter from St. Michael City Administrator Bob Derus regarding St. Michael's concerns with downstream drainage resulting from the installation of the 18' piping in the Greenhaven addition. Carlson explained that the pipe is on site and the contractor is ready to proceed with the installation. Stalberger made a motion to proceed with the project and directed the city engineer to respond to the City of St. Michael via letter stating that the City of Albertville would participate in resolving downstream drainage problems if or when they occur. Vetsch seconded the motion. All voted aye. Carlson explained the contractor had repaired the culvert they damaged on Barthel Industrial Drive by Steffen Brothers Meats. However, the public works department saw a need to extend the culvert due to the shoulder regrading. Sunnyfield Construction was hired to extend the culvert at a cost of $195.00. Berning made a motion to approve payment of Check # 11179 to Sunnyfield Construction in the amount of $195.00. Gundersen seconded the motion. All voted aye. Berning made a motion to approve the transfer of the balance of the current on -sale, off -sale and Sunday liquor licenses issued for the Albertville Bar to the new owner, Glen Groetch, dba Geez's. Gundersen seconded the motion. All voted aye. Kelly Browning of PSG reviewed the Annual Evaluation and Planning Report for 1997 on the wastewater treatment facility with the Council. Vetsch made a motion to receive and accept the Annual Evaluation and Planning Report as presented. Stalberger seconded the motion. All voted aye. Berning made a motion to establish a Capital Projects Reserve line item in the 1999 budget in the amount of $40,000. Gundersen seconded the motion. Vetsch, Berning, Olsen and Gundersen voted aye. Stalberger voted no and indicated that she favored increasing the 1999 Capital Projects Reserve line item to $50,000. The motion carried. ALBERTVILLE CITY COUNCIL November 16, 1998 Page 4 of 5 The Council reviewed the request from River of Hope for funding for the year 1999. Vetsch made a motion to deny the request for City funds but to recommend that Rivers of Hope contact the local gambling organizations for funding. Gundersen seconded the motion. All voted aye. Gundersen made a motion to approve the Joint Powers Water Board's Resolution relating to watermain ownership. Stalberger seconded the motion. Olsen, Berning, Gundersen and Stalberger voted aye. Vetsch vote no, stating he favors keeping all communities tied into the Joint Power Board system. The motion carried. The Public Safety Committee recommended that the city approve the hiring of Hagemeister & Mack Associates as the architects for the new fire hall building. Stalberger made a motion to contract with Hagemeister & Mack Associates for the design of the new fire hall. Gundersen seconded the motion. All voted aye. Don Jensen has requested that the city rebid the trails or sidewalks in the Parkside 3rd Addition. Carlson stated that funding is not available at this time for the construction of the trails or sidewalks and he would not recommend rebidding the project at this time. The Council discussed using bituminous trails vs. concrete sidewalks. The trails are wider (8 feet) and provide biking and roller blading uses. However, the sidewalk would be concrete and perhaps 2-3 feet narrower but is not compatible for biking or roller blading. Carlson offered to get examples of other communities requirements for trails or sidewalks for the Public Works Committee to review. Stalberger made a motion to accept Pilot Land Development Company's offer to donate up to $500 for the training of the new members on the City Council and the Planning & Zoning Commission. Olsen seconded the motion. Berning, Stalberger, Olsen and Gundersen voted aye. Vetsch voted no. The motion carried. The Council discussed the snow plowing contract with JME of Monticello. Gundersen indicated the Public Works employees have secured a written agreement from Loren Fagerness to operate the City's pickup for snowplowing at ALBERTVILLE CITY COUNCIL November 16, 1998 Page 5 of 5 a cost of $100 per winter month retainer and $10412 per hour labor. Gundersen feels the total costs would be cheaper than contracting with JME. Olsen made a motion to approve the contract with JME of Monticello to snow plow City streets and cul-de-sacs located west of County Road 19. Vetsch seconded the motion. Berning, Olsen, Vetsch and Stalberger voted aye. Gundersen voted no. The motion carried. City Administrator Lund explained that Paul Ederer, representing the STMA Ice Arena, has requested that the City extend a short-term loan to the ice arena to allow the arena to pay their vendors prior to collecting the Mighty Ducks grant. Gundersen made a motion to deny the request from the STMA Ice Arena for a short-term loan. Stalberger seconded the motion. Gundersen, Stalberger and Berning voted aye. Olsen and Vetsch voted no. The motion carried. City Administrator Lund told the Council he is resigning his position with the City effective December 31, 1998. Stalberger made a motion to accept Lund's letter of resignation effective December 31, 1998. Olsen seconded the motion. Stalberger, Olsen, Gundersen and Berning voted aye. Vetsch voted no. The motion carried. Stalberger made a motion to adjourn at 9:30 PM. Gundersen seconded the motion. All voted aye. Mark S. Olsen, Mayor Linda Goeb, City Clerk ALBERTVILLE CITY COUNCIL TRUTH IN TAXATION HEARING December 2, 1998 Albertville City Hall 7:00 PM PRESENT: Councilmembers Robert Gundersen, Patti Stalberger, Duane Berning and John Vetsch, and City Clerk Linda Goeb Acting Mayor Berning called the public hearing to order for the purpose of discussing the 1998 proposed budget and levy amount. City Clerk Goeb discussed the 1999 proposed budget with the Council and those present in the audience. The public was invited to comment and question areas of concern during the review of the budget and the proposed levy. Acting Mayor Berning asked those in attendance if they had any input on the budget as proposed or the amount to be levied. There were no comments. Berning explained that both the budget and the amount to be levied would be up for consideration_ at the December 7, 1998, regular Council meeting and the public is also invited to attend that meeting. Gundersen made a motion to adjourn the Truth in Taxation hearing at 7:40 PM. Stalberger seconded the motion. All voted aye. Duane Berning, Acting Mayor Linda Goeb, City Clerk II " CITY OF ALBERTVILLE FINANCIAL STATEMENT November 1— November 30,1998 Beginning Cash Balance October 30, 1998 Income: Animal Licenses 15.00 Assessment Pay -Off 31,367.00 Building Permits 75,370.41 Donations 1,100.00 Interest (For October) 3,335.69 Loan Repayment 689.06 Park Rent 100.00 Planning Fees 1,950.00 Title Search 100.00 Utility Bills 5,232.02 Miscellaneous 232.00 Total Income 1199491.18 Voided Checks #10992,10934 & 11126 11,982.00 Expenses: Check Ws 11075 - 11128 40,241.50 (Approved 11/2/98) Check #s 11146-11186 104,362.54 (Approved 11/16/98) Preapproved Checks) 24,905.81 Total Expenses 1699,509.85 Ending Cash Balance November 30,1998 4/0 $147,514.86 $109,478.19 INVESTMENTS CD #9226 — Development Corporation — matures 12/24/98 CD #300116 AFD — matures 12/26/98 @ 4.7% CD #22202 — matures 4/6/99 @ 6.12% Dain Bosworth Investments (10/30/98) Money Market Savings Account (10/31/98) 7,859.98 25,773.79 589,516.62 1,342,133.00 $1,965,283.39 483,382.58 AlCo ALBERTVILLE WASTEWATER TREATA EIVT FA-CIL1TY Monthly Opersdow Repor# October 1998 Enaudw Afbeeivioe met all of its NMES permit requirements far the month of October 1998 Average biochemical oxygen demand in the effluent was 3.4 m94. Total suspended solids averaged 25.1 mg4 end total phosph=w was 0.28 mg4. Fecal coliform geometric mean was <10 MPN1100ml Average influent flow was 0.215 million galkms per day. Effluent quality is good. Slightly higher solids in effluent have been experienced, which is normal for this time of year as algae is dying off and settleability deareases with colder temperatures. Forme Chk nde has been adored kr winter operation. On October 161h a storm caused several power outages at the plant and lift stations. Staff responded to all of the alemn and insured that all was running properly. An akvm was received ftm the Main Lift Station due to floats hanging up. Floats were readjusted. Habianaurce Clar7frer was power -washed. Replaced ballast in ceiling frxhm Operations building floor was painted. 61st Street lift station and main lift station were serviced, pumps were pulled and oil and seals checked. Installed duplex support for the chemical mixing chamber mixer Mowed facility grounds and ditch. Performed routine monthly and quay-bly preventative maintenance, including servicing sludge pump, a eretms, generator se( and clarifier. Cleaned and calibrated automatic samplers. Repaired automatic hoist on diesel transfer pump. t Winter preparedness training was received. Trafik safety training was received. NPDES Discharge, Monitoring Report Kelly received Class V Wastewater Certifrcabon. Cent/ Public Rabdam Regular communications are maintained between PSG and City Hall Kelly is on the steering commitle for the Crow River Watershed Committee, and also on liar Walter Quality suboormnibee. Financial toped r+efacts aN activity in the budget year. The financial roped does not reflect , October NO* paid in November. Aonendlcea NPDES Discharge Monitaft Report DMR Addandum's Loadings Summary Client Status Report ALBMRW LLE VVVVtF LOADINGS Coriked Vdues & Tngpero. torbut Values & TAppe£•s: Aft- 0.15M MGD Ave- 307 0 1870 ' Hgh- OAM MOD High- 388 0 224 # Low. 0.1254 MGO LOW- 246 8 150 4i Design: 0.3150 MGD 368 * 388 # FLOW 12 mo % of TSS 12 im % of 1 COOD % of MGD AM. ssmna m� a»» •n »»mse �Awin 4r(nisfl»ne »rr»bs»�r miiDe +W»»rieOm »• 1995 Jon 0.151 384 483 240 302 Feb 0.143 285 339 184 219 Mar 0.164 288 394 191 201 Apr 0.177 99 145 92 13E May 0.172 274 392 148 212 Jun 0.183 232 315 133 181 Jul 0.162 222 281 154 195 Aup 0.174 288 418 136 197 Sap 0.165 234 322 100 138 Oct 0.161 264 395 122 164 Nov 0.183 78 100 88 92 Dec 0.ise 405 527 234 304 1996 .fan 0.181 0.1828 51.61% 250 336 331 89.23% I 175 235 195 52.87% Feb 0.158 0•t638• $2.01% 433 571 350 95.10% 178 235 196 _53.21% Mar 0.179 0.1851 $2.41% 312 466 358 08.79% 221 330 202 54.78% Apr 0.188 0.1880 52.70% 338 527 388 105.43% 131 205 207 50.36% May 0.198 0.1682 53.39% 380 641 409 111.05% t89 279 213 $7.87% Jun 0.203 OAT1S 54.44% 364 599 432 117.40% 151 258 219 59.57% Jul 0.161 0.1723 54.69% 248 333 437 M85% 129 173 217 59.07% Aug 0.141 0.1005 53.81% 558 658 456 124.04% 119 210 218 59.37% Sep 0.141 0.1876 53.17% 625 735 491 133.40% 145 171 221 80.11% Oct 0.183 0.1677 SUM 274 3T2 489 132.89% 144 196 224 60.83% Nov 0.250 0.1749 55.53% 244 509 $23 142.01% 1 141 294 241 65.40% . Doe 0.171 0.1782 $5.93% 300 441 515 140.09% 323 461 254 88.94% 1907 Jan 0.179 0.1777 56.40% 432 845 541 147.08% 180 289 250 69.70% Feb OA83 0.1790 57.00% 225 343 522 141.02% i 148 220 256 69.50% Maf O.t98 0AS13 57.57% 309 510 528 142.92% 176 291 252 68.81% Apr 0.102 OAM 56.88% 238 322 509 138.27% 129 174 250 VIM May 0.074 0.1888 53.W% 322 199 472 128.27% 160 99 235 63.82% June 0.131 0.1833 •i •• .. • ;•£rs;Z: �: z ss£u s•E0z• .... r..... .3 £� �• ....... ..... �i ... i^ .. ..i =... .i:..t•;`::2 :Z. L Yi. iLi£2:'£' 51.85% •••57« raiis£ .i ... i .. .. .. •: 'i. 244 «r £ . i .:::::« 279 :.�. r.» z :: i::::: ..... •..tx..r.. t:L:• »£it43( 445 .«. ri::a.• t.. «2«i ...2::::»ri• ...... 121.01% it ��£:. • •. .. x •2i•!:•£.�L.: 139 •w:a::::x:mr=£ e::. .. .a; «.•. ........ er•.' t.t2,«......... :::. :::: iis:sn.:• ': :£: ::r •£'£ �£i3• i :.•;.«it:'.£i::.:.. ii . 1....: H 159 .......i£££s� .....£..i«y��5 .....£^ i.«.....i�. 227 �2LIOIS:.i£j:t:r 6183%` .i. y •r•£�:2'•x t • is i : i ;If.: '£:• is rii• :i£i iY� S .i t �S R ££"ti:i '.i . i 9:m «5...£ i.• i• ili;il Yt' is :::iii;l « ' 5�..£til'i£t •�...'.'. �•• i2 .. .�� « • ..x. . • .£Sm�Ya�if:••tti• S:S�.£t:x w^ �22£ S#ry�22:t::t::�:Siit2 £ '• Oct OA93 0.1659 52.67% 302 486 390 107.71% 162 147 221 ' 00.12% Nov 0.182 0.1803 50.87% 305 800 404 109.77% 245 148 209 56.81% Dec 0.178 0.1808 51.00% 382 507 414 112.63% 193 149 183 49.75% 1998 Jon 0.185 0.1613 $1.22% 590 910 437 118.64% 308 150 173 47.07% Feb 0.200 0.1828 51.67% $24 874 481 130.85% 184 151 167 45.37% Mar 0.236 0.189 52.65% 381 708 497 135.12% 237 152 155 42.23% APr 0.259 0.1739 552 . 1% 301 850 525 142.58% 259 153 154 41.75% May 0.198 0.1841 58.44% 602 984 590 180.35% 318 164 158 43.00% ,Axis 0.220 0.1410 80.83% 270 495 808 185.25% 250 155 158 42.9146 July 0.202 0.1955 82.00% 178 300 598 182.54% 114 156 162 41.30% Aup 0.225 0.2019 84.10% 431 W9 641 174.17% 372 157 152 41.17% Sept 0.221 0.2090 68.03% 378 897 673 182.06% 283 158 153 41.44% Oct 0.215 0.2098 00.61% 278 495 874 183.10% 155 159 154 41.71% • ::r Sit :..^::F bpwit 60W COIIII2OLPr due to O102C1 W for rapbownsit. OYC/t. December 2.1998 Your wom f City of Albertville 5975 Main Ave. NE Albertville, MN 553U1 RE: 1999 proposed budget Honorable Mayor and City Council: Professional Services Group, Inc. (PSG) is proud to have operated your treatment facility during the past year. We are pleased to submit this proposed 1999 budget for the Contract Operations, Maintenance, and Management of the Albertville Wastewater Treatment Facility for your review and approval The budget year begins January 1,1999 and continues through December 31, 1999: We have carefully calculated the budget needs for the coming year and are constantly striving to provide the highest level of service at the most reasonable cost. The proposed annual fee for 1999 is $97,8946 a 1.5% increase over the 1998 budget. There are conservative wage and benefits • increases for staff, however, to reduce the impact this portion of the budget would have to you, we have decreased the overhead and fee amount by 3.20* We wig continue to be involved in the planning of the new treatment facility and hope to continue to provide valuable assistance to the City and its engineers in this endeavor. We are committed to providing the highest level of service with maximum cost savings to the City of Albertville by careful budget management, efficient operations, and a rigorous maintenance program designed to protect the City's investment in les utility. We are looking forward to the challenges of the coming year and the growth the City of Albertville is experiencing. We appreciate the opportunity to continue serving the citizens of the City and very much appreciate your support and cooperation in developing our partnership. If you should have any questions regarding this, or any specific questions about the facility, please feel free to contact us anytime. Res fully s edVLA Marg (Peg) Becker, Area Vice President Kelly Bro ro}'ect Manage � ProfessionalSernces Group 3320 Lancer Avenue, NE St. Michael, Minnesota 55376 (612) 497-8309 Fax: (612) 497-8312 11/25/1998 11:29 612-497-4988 JOINT POWERS jor 1 POIWM WARD ' mmow, &axVm; a Midad and A&rt►*k MtWing : P.O. Boy[ 10, t Offim. 705 O AtM AM S.D., .li. , MM'4 777 /0 Puna: 612-W3611 - 7=.- 612-497.4M November 25, 1998 Linda Goeb City of Albertville Dear Linda Goebt Attached is draft 2 of the Joint Powers Board 1999 Budget Proposal for your council. to review. Please notify the Board of any concerns and/or comments prior to their December 28, 1999 meeting. If you have any questions, please contact me weekdays between 8 am and l pm. Sincerely, JOINT POWERS' BOARD Donna M. Kipke Secretary` Attachment 11/25/1999 11:29 612-497-4908 JOINt POWMfi 1998 §MdS et JOINT POWERS 1999 BUDQBT PROPOSAL DRAFT 2 Paid thru Sept Balance Remai.nim PAGE 02 Proposed 1999 Rudmt Fund Income 157.500 36 960.00 - 79 460.00 22.00 Plan_-teview 120posit 4 500 23 546 55 - 19,046.55 .00 Const, Inspect Dep 15,000. 106.769 26 91.7 9.26 .00 IJ34:56 11,465.443 5 00 Builder Decoe3t 0, 3 30f.10 3.30e.00 _,.00 rig 189,58e 371.619 37--182.j1 37 U0,590-100 5 223,200-00 Am. WW Refunds 1.8@0. 900.00 90e.00 1,000.00 Conga XDsyect Eng. .. 12 500 43 231. 49 30.731 49 .26 2 5 0. - 3,961.52 40 '0 pawn trQviQw Ing. 4 @00 28 992.10 24 993.10 .00 P1�9uC3,,,_• Day -low --Refunds Refs _. 500, 324.92 175 08 g&fe Water Test Paid 2.500. 9,227.01 3,272 99 13,500 00 Builder Deyosi t 0 0.00 - 0.00 .ODD rrrr t 18945®@ . 249,138.04 287 , 540- ee Advertis n4 250 2.00 50.00 U Qherges lee, -12.!If 12 0@ 100.00 Bil11n� tense 7.0Q0. 3.312.41 3,6�.� 7.000.00 1977 Bond Payment 45.000. 4S.@00.00 45.000,00 1977 B©nd Interest 26 750 26 , 750.00 _ 24 , 500.00 1992 Bond Payment 62,222. 5 5 000 5,000.00 60.000. 00 00 6 87. 8 6 0.0 A 7 00 0 Electricity 7 S 25,082.42 .58 3 11/25/1998 11:29 612-497-4906 JPB 1999 1999 udaet JOINT POWERS BUDGZT PROPOSAL PAGE Z Paid Thru Sent Balance &MIning PAGE 03 Proposed _1999 _Budget suivigvea Pension 1.300. 8.83 2.Z50169 Smnlovee Life Ine . 150, �I_221.1_7__,- 9f a ft 51.00 FICA Mover Exnen a 2 , 300 . ,i„_ 14892.22 J117.78 3`. .0 . 00 Carle Retnovel 320. 202.32 97.68 380.$0 Tnsurance_,� 7.$00. 7,203.00 - 203. 0 7,50§s 0 eling allowance 750. 6 7 §. 0.0 75.0$ 750.00 Mileage Allowance AH. 644.07 144_.07 51t.88 Office Bau ymen�rch. 6.00$. 15$.f2 _5,841-.31 6,000.40 Offi_ce. Wmizmen& D& . 500, , 297.16 s702.84 100 . $0 Office - Qeneral Mairit 00. 525.49 974.51 1,000.09 Office SU 11ee 1j5Q0. 836.03 6sat97 1.500.09 PgA,tam/Printlag 1.009. 1,718.15 -718.15 212.00 Audit 3.500. a1Ut- 00 - 150,00 j.00000.00 Comouter Support 1. 250 . 1,190.00 60.00 1, 250 , Rq Legal 10,000. 1,058.62 8.941.31 10,00$.$0 Proiaerty Agent M . 196.34 a.69 200.00 $now Removal (LMn Care 2.500 1182L U 605.74 3.000.09 StQrB Water Charge 200, 79.35 120,65 2-".00 Telephone 1.700. 11557.,28 142.72 2,100.00 WAMB „ 30.000 . 11- 735.8-6 5,,264.19 41: 500 t00 g2a& rt act Maintenace 120.090. 65 ,128.75 51. 871. 25 161.000. 00- 0 65 5 - Prea$ure Valve Purch. 1.900. 751.25 Bngineer tees 27.5004 jj.662.59 - 1,162.59 Z7.590.00 Locat2 Fe®s .. �0 2.6¢5.75 1, 94 25 .000 00'" 11/25/1998 11:29 612-497-4908 JOINT POWERS JPB 1999 PROPOSED BUDGET PAGE 3 PAGE 04 1998 Paid Thru Balance Proposed System Bguinmen„t System MalatepancS Punch.,3.000. 245M. 1.586,4_5 5,71jJ1 - 8.SQ6.45 51000.00 7 .25 50 0 .0 '" 1,230.67 10,769.33 15.000.00- System Tools 0. 1-054.49 -1,054.49 1,000.00 System Wate;c„ Test] .,520, 763.00 7263.00 2,000.01 - 4 70. 5 0 $ 0.0 Csvltflt _ 0 .5 0 Weil U. tie mlan 0. ?#..�• ��. - 216.32 250..00# W 11 .Eumnhouge Design 0 • 245.56 245.56 .00 Well #13 Construction 1,000.# 0.00 14200.00 1.000100# b2992 12RE e a. 000 . #k 0.00 2,000.00 .00 Water, Treatment Ee$s 10,000_.# 6j709.5j 3,290.50 SO- Office/Treat Design 152,2224 0. 00 152 , 500. 00 U01920# Office/TrSjjtment Canst 0. 0.00 0.00 4.300.000.00# 921,1 14 Construction 0.# 0.20 0.00 340,000.00i Tower 2 Deal= 0.# 0.00 0.00 125.000.00# Land Purchsays 0.00 70,000.00# Tower An enna Leese 7.000. 0.00 7,000.00 7,R00.00 TOTALS 717,150. 552.250. ** 433,435.10 284,314.90 5,712,000.00 --**668,758.00 ~ Includes expenses for the Board handling the maintenance and operation of the distribution system and b111ing. # denotes expenses to be paid out of appropriated fund monies "* Total does not include # items 11/25/1998 11:29 612-497-4908 JOINT POWERS PAGE 05 JPH 1999 PROPOSED BUDGET PAGS 4 1998 Paid Thru Balance Proposed Budget Set Remaining 1"...9.Sudaet Corse 14,515.00 In 361.93 136.g7 500.00 Savings Interest 1,250, 6 10@ 57 4,850.57 77 Sond Interest 115001 435.55 64.45 3.@00.00 92 Bnd Interegt 2,250. 1,738,80 511 20 3.000.W alsegament Income 24.500 14 397.E 1@.102 42_ 2t.000,0s yAter Sales 425.060 , 342, 360. 31 82.6 9 b9 402._0-00.00 Meter Sales 17,500 8.950 02 -1l 450.00 - 0.00 Jeressure Valve - 2 090.00 0. 00 Drinklng Water Lean 0 0,01 0.00 3,000,000.00 Bond Income 0. 0 0k 0.00 1.750.090.00# TOTALS 608,100. 577.709.69 30,390.31 5,262,000.00 * * c 7 9 emo an # Possible funding for water treatment/office/well #4 expensese and tower 2 expenses ** Total does not include # funding App appropriated funds FICA Social Security and Medicare V CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MIlVNESOTA Notice of Assessment Hearing on Proposed Assessment For Road Improvement Project Notice is hereby given that the Albertville City Council, Wright County, Minnesota, will meet on December 7*, 1998, in the Albertville City Hall at 7:00 PM to consider the proposed assessment of costs related to the CSAH 37 & 19 road improvement project. Adoption of the proposed assessment by the Albertville City Council may occur at the hearing. The area to be assessed includes all properties listed on the proposed assessment roll and abutting CSAH 37 from the Burlington Northern Railroad right-of-way to and crossing CSAH 19 to the easterly boundary of the plat of Westwind on file and of record in the Office of the Wright County Recorder. Assessed property owners may at any time prior to certification of assessment to the County Auditor, pay the entire assessment on such property to the City Clerk with no interest accrued to ` the date of payment. No interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this assessment. Assessed property owners may at any time thereafter pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 gt of the next succeeding year. The right to partially rtially prepay the assessment has not been authorized by City ordinance. The proposed assessment roll is on file and available for public inspection at the Albertville City Hall. The total: amount of the proposed assessment is $145,060.00. Both the term of repayment and the interest rate on unpaid portions of the proposed assessment will be set by the Albertville City Council. Adoption of the proposed assessment roll by the Albertville City Council may occur at the hearing. Written or oral objections will be considered at the hearing. An assessed property owner may appeal an assessment to the District Court pursuant to Minnesota Statutes 429.081 by serving written notice of appeal upon the Mayor or Albertville City Clerk within thirty (30) days after the adoption of the assessment and by filing such notice of appeal with the District Court within ten (10) days after service of the notice upon the City as described above. No appeal may be taken as to the amount of the assessment unless a signed, written objection is filed with the City Clerk prior to the hearing or presented to the presiding officer at the hearing. Dated: November 18, 1998 �&� Linda G eb City Clerk a a CITY OF ALBERTVILLE PROPOSED ASSESSMENT ROLL COUNTY ROAD} 19 & 37 IMPROVEMENT PROJECT PID # PRtJPERTY OWNER ASSESSMENT AMOUNT 101.500-354300 John George, Inc. $50,400 101-033-001010 Andrew Savitsid, Trustee, et. al. $31,732 101-033-002010 . Security State Bank of Maple Lake $11,156 101-033-020 Michael & Janelle Savitski d $ 8,928 101-033-002021 Security State Bank of Maple Lake $1,576 101-033-002030 Michael & 3anelle Savitski $10,268 101-033-003010 Carolyn D. Vinge i $31,000 ADDITIONS TO CONTRACT FOR PRIVATE DEVELOPIVG.v. iL BETWEEN CITY OF ALBERTVILLE AND COTTAGES OF ALBERTVILLE U. LLC (Additions are in italics) 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, as applicable, and shall be in conformity with 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 all applicable federal, State and local laws, ordinances, rules and regulations; (iii) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (iv) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer for construction of the Minimum Improvements; (v) no Event of Default has occurred; and (vi) the Construction Plans are consistent with Developer's obligations and undertakings as stated in that agreement titled "Planned Unit Development/Senior Housing Agreement" between the City ofAlbertville and Cottages ofAlbertville, LLC, dated July 7, 1997 and recorded as document number 624722 in the Office of the County Recorder, Wright County, Minnesota 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, 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 Plans 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 days after written notification to the Developer of the rejection. The provisions of this Section 4.2 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 provision of this Agreement relating thereto. Section 10.10 Continuation gfPrior Obligations. Nothing contained in this agreement shall act to modify, amend or otherwise relieve Developer of its obligations and undertalangs as stated in that agreement titled "Planned Unit Development/Senior Housing Agreement" between the City ofAlbertville and Cottages ofAlbertville, LLC, dated July 7, 1997 and recorded as document number 624722 in the O, fJ`ice of the County Recorder, Wright County, Minnesota March 19, 1998 CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN CITY OF ALBERTVILLE AND AJIUSAAMA Cot-�"Vjs of,4j*.te;j1e zr, 1-4 C Dated as of This document was drafted by: KENNEDY & GRAVEN, Chartered 470 Pillsbury Center Minneapolis, MN 55402 TABLE OF CONTENTS ARTICLE I Definitions Section I.I. Definitions ............................................ 2 ARTICLE II Representations and Warranties Section 2.1. Representations by the City ................................. 5 Section 2.2. Representations and Warranties by the Developer .................. 5 ARTICLE III Site Improvements Section 3.1. 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 ......................................... 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 ............ 12 ARTICLE VI Low Income Covenants: Tax Increment: Taxes Section 6.1. Use of Tax Increments ................................... Section 6.2. Right to Collect Delinquent Taxes ........................... Section 6.3. Qualification of the TIF District .. ....................... . 14 14 14 ARTICLE VII inancin Section 7.1. Financing ............................................ 15 i Section 7.2. Authority's Option to Cure Default on Mortgage .................. 15 ARTICLE VIII ohibitions Ag inst Assignment and Transfer: Indemnification Section 8.1. Representation as to Development ..................... ..... 16 Section 8.2. Prohibition Against Developer's Transfer of Property and Assignment of Agreement ................................. 16 Section 8.3. Release and Indemnification Covenants ........................ 17 ARTICLE IX Events of Default Section 9.1. Events of Default Defined ................................. 19 Section 9.2. Remedies on Default ..................................... 19 Section 9.3. No Remedy Exclusive .................................... 19 Section 9.4. No Additional Waiver Implied by One Waiver ................... 19 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable 21 ............................................... 21 Section 10.2. Equal Employment Opportunity ............................. Section 10.3. Restrictions on Use ...................................... 21 Section 10.4. Provisions Not Merged With Deed .............. • • • . • • • .... 21 Section 10.5. Titles of Articles and Sections .............................. 21 Section 10.6. Notices and Demands .................................... 21 Section 10.7. Counterparts .......................................... 22 Section 10.8. Recording............................................ 22 Section 10.9. Attorney Fees ............................. ... . 22 SIGNATURES TESTIMONIALS EXHIBIT A CERTIFICATE OF COMPLETION EXHIBIT B PROPERTY DESCRIPTION EXHIBIT C AUTHORIZING RESOLUTION ii CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT is made as of the day of .1998 by and between the City of Albertville, Minnesota, a municipal corporation under the laws of Minnesota (the "City") and the a Minnesota nonprofit corporation (the "Developer"). C, /7 y o*/f/f, 71,,,I/e, , Z WITNESSETH: WHEREAS, the City has determined that there is a need to alleviate a shortage of decent, safe and sanitary housing for persons of low or moderate income in the City, and in this connection created Development District No. 1 (hereinafter referred to as the "Development District") in an area (hereinafter referred to as the "Development District Area") located in the City and a Tax Increment Financing District No. 7 (the "TIF District") within the Development District Area, all pursuant to •nnesQtaStatutes Sections 469.124 to 469.134 (the "Act") and jW seta Statutes • Sections 469.174 to 469.179; and WHEREAS, the City has determined to address such shortage in part through facilitating the development of a housing facility for low and moderate income persons as further described herein; WHEREAS, in order to achieve the objectives of the Development Program for the Development District the City is prepared to pay certain development costs ,in order to bring about development in accordance with the Tax Increment Financing Plan for the TIF District and this Agreement; and WHEREAS, the City believes that the fulfillment generally of this Agreement is 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 and requirements under which the Development District has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the City and the Developer, each party does hereby represent, covenant and agree with the other as follows: 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. "Authorizing Resolution" means the resolution of the City, substantially in the form of the attached Exhibit C adopted by the City Council to authorize the issuance of the Note. "City" means the City of Albertville, Minnesota "Certificate of Completion" means the certification provided to the Developer, substantially in the form attached as Exhibit A to this Agreement, pursuant to Section 4.4 of this Agreement. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed on the 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 and that are available to the Developer at a reasonable cost. The Construction Plans for any building to be constructed on the 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 the Zedakah Foundation, or its permitted successors and assigns. "Development District" means the City's Development District No. 1. "Development District Area" means the real property located within the boundaries of the _ Development District. "Event of Default" means an action by the Developer listed in Article IX of this Agreement. "Holder" means the owner of a Mortgage. 2 "Material" means any effect or change which significantly alters the intended use of the Property, or increases or decreases the costs of any individual item of the Minimum Improvements by more than $100,000. "Maturity Date" means the earlier of February 1, 2025 or the date that the Note has been paid in full. "Minimum Improvements" means the construction on the Property of a 44-unit senior rental housing facility that meets all the requirements for a low-income tax credit under Section 42 of the Internal Revenue Code of 1986, as amended through the date of this Agreement. "Mortgage" means any mortgage made by the Developer which is secured, in whole or in part, with the Property and which is a permitted encumbrance pursuant to the provisions of Article VIII of this Agreement. "Note" means a Tax Increment Revenue Note, substantially in the form contained in the Authorizing Resolution, to be delivered by the City to the Developer in consideration for the Developer's payment of the Site Improvement and Land Acquisition Costs (as defined in Section 3.2 of this Agreement). "Property" means the real property upon which the Minimum Improvements will be constructed, a legal description of which property is attached as Exhibit B to this Agreement. After construction of the Minimum Improvements, the term means the Property as improved. "State" means the State of Minnesota. "Tax Increment" means that portion of the real property taxes which is paid with respect to the TIF District and which is remitted to the City as tax increment pursuant to the Tax Increment Act. "Tax Increment Act" or "TIF Act" means the Tax Increment Financing Act, Minnesota Sit totes. Sections 469.174 to 469.179, as amended. "Tax Increment District" or "TIF District" means the City's Tax Increment Financing District No. 7. "Tax Increment Plan" or "TIF Plan" means the City's Tax Increment Financing Plan for Tax Increment Financing District No. 7, as it may be 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. "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, 3 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. 4 ARTICLE II Re resentations 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 to facilitate the creation of housing opportunities for persons of low and moderate income. Section 2.2. Representations and Warranties by the DeveloRer. The Developer represents and warrants that: (a) The Developer is a non-profit corporation in good standing under the laws of Minnesota and has power to enter into this Agreement. (b) 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 Development District 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. (c) 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 corporate or partnership 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. (d) The Developer will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the TIF 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). (e) The proposed development by the Developer hereunder would not occur but for the tax increment financing assistance being provided hereunder. k, ARTICLE III Site ImBrovements Section 3.1. Conveyance of the Development Propg_y. As of the date of this Agreement, the Developer owns fee title to the Property, having acquired title in expectation of the assistance being provided hereunder. The City has no obligation to acquire the Property or any portion thereof. Section 3.2. Land Acquisition and Site Improvements. (a) In order to make development of the Minimum Improvements economically feasible, the City shall reimburse the Developer for up to $390,000 of the costs of acquiring the Property, making public improvements designed to serve the Minimum Improvements, including construction of sewer, utility, and water improvements, and making site improvements designed to serve the Minimum Improvements, including grading, landscaping, and parking. (Collectively, the costs enumerated in this Section 3.2(a) shall be known herein as the "Land Acquisition and Site Improvement Costs"). In order to make such reimbursement, the City shall issue and the Developer shall purchase the Note in substantially the form set forth in the Authorizing Resolution attached as Exhibit C. The City and the Developer agree that the consideration from the Developer for the purchase of the Note shall consist of the Developer's payment of the Land Acquisition and Site Improvement Costs. The City shall deliver the Note upon receipt from the Developer of written evidence satisfactory to the City that the Developer has paid Land Acquisition and Site Improvement Costs of at least $390,000. If Land Acquisition and Site Improvement Costs exceed $390,000, such excess costs shall be the responsibility of the Developer. Section 3.3. Financing of Land Acquisition and Site Improvement Costs. (a) The City shall not be obligated to make any payment under the Note if there is an Event of Default on the Developer's part under this Agreement that has not been cured as of the date such payment is otherwise due. (b) The City makes no warranties or representations that Available Tax Increment will be sufficient to pay the Land Acquisition and Site Improvement Costs or interest thereon. 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 Land Acquisition and Site Improvement Costs may remain unpaid after the Maturity Date. Section 3.4. Patent 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 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. 0 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 until four years after the Maturity Date. Section 3.6. Soil Conditions. The Developer acknowledges that the City makes no representations 'or warranties as to the condition of the soils on the Property or its fitness for construction of the Minimum Improvements or any other purpose for which the Developer may make use of the Property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, and its governing body members, officers, and employees, from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the Property. 7 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. (a) The Developer agrees that it will construct the Minimum Improvements on the Property in accordance with the approved Construction Plans, and at all times prior to the Maturity 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. The City shall have no obligation to operate or maintain the Minimum Improvements. (b) The Developer will construct the Minimum Improvements in accordance with all local, State, and federal energy -conservation laws or regulations. (c) The Developer will obtain, 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, including, without limitation, the requirements of any necessary special use permits. (d) The Developer shall promptly advise the City in writing of all litigation or claims affecting any part of the Minimum Improvements and all written complaints and charges made by any governmental authority materially affecting the Minimum Improvements or materially affecting Developer or its business which may delay or require changes in construction of the Minimum Improvements. 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, as applicable, and shall be in conformity with 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 all applicable federal, State and local laws, ordinances, rules and regulations; (iii) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (iv) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer for construction of the Minimum Improvements; and (v) 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, 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 Plans 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 34 days after the date of their receipt by the City. If the City rejects any Construction Plans in 8 whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section 4.2 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 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 Minimum Improvements by 1998. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the 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 Property, or any part thereof, that the Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development of the 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 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 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 a Certificate of Completion substantially in the form shown at Exhibit A. 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, as applicable, 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. z (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 from the responsible inspecting authority certificates of occupancy for all 44 units within the Minimum Improvements. 10 ARTICLE V Insurance and Condemnation Section 5.1. Insur_ance. (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, as applicable, at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy; (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 Maturity 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 this Article V shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Developer will deposit 11 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 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 provisions set forth in this Article V shall terminate upon the Maturity Date. 12 ARTICLE VI Low Income Covenants: Tax Increment; Taxes Section 6.1. Use of Tax Increments. Except for its obligations under this Agreement and the Note 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. Section 6.2. Ri t to Collect Delinquent Taxes. The Developer acknowledges that the City is providing substantial aid and assistance in furtherance of the development of the Property. The Developer understands the City's ability to assist the Developer in the manner specified in this Agreement is directly dependent upon the prompt and timely payment of real estate taxes. 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 Minent to pay before delinquency all real estate taxes assessed against the Property, the m 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 Wright county auditor. In any such suit, the City shall also be entitled to recover its costs, expenses and reasonable attorney fees. Section 6.3. Qualification of the TIF District. (a) The City and the Developer understand and agree that the TIF District will constitute both a "housing district" under Sections 469.174, Subd. 11 and 469.1761 of the TIF Act, and a "qualified housing district" under Minnesota Statutes, Section 273.1399, subd. 1(c). (b) If the City receives notice from the State department of revenue, the State auditor, any Tax Official, or any court of competent jurisdiction that the TIF District does not or ceases tol qualify as both a "housing district" and a "qualified housing district" as described in this Section 6.3, such event shall be deemed an Event of Default under this Agreement. In addition to any remedies available to the City under Article IX hereof, the Developer shall indemnify, defend, and hold harmless the City for any damages or costs resulting therefrom, including but not limited to any loss of local government aid or homestead and agricultural credit aid pursuant to Minnesota Statutes, Section 273.1399. 13 ARTICLE VII inancin Section 7.1. Financipg (a) Before commencement of construction of the Minimum Improvements, the Developer shall submit to the City evidence of one or more commitments for financing which, together with committed equity for such construction, is sufficient for construction of 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, or in the practices of the United States Department of Housing and Urban Development ("HUD"). (b) If the City finds that the 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 financing. A failure by the City to respond to such evidence of financing shall be deemed to constitute an approval hereunder. If the City rejects the evidence of 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 financing vvithin thirty (30) days after such rejection. (c) The City understands and acknowledges that the Developer intends to meet the requirements of this Section through issuance by the City of housing revenue bonds. The City will cooperate with the Developer in such effort, subject to the City's compliance with all requirements and procedures for the issuance of such bonds. Section 7.2. sty s Qption 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. 14 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 Property. Section. 8.2. Prohibition Against Developer's Transfer of Property and Assignment of Ay —re 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 Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under this Agreement, 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 (except a lease to a residential tenant of a unit within the Minimum Improvements), or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, 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 Property or any portion thereof, seeks to be released from its obligations under this Agreement as to the portion of the 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 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 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 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 rights or remedies or controls with respect to the 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 15 the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the 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 Property governed by this Article VIII, shall be in a form reasonably satisfactory to the City. In the event the foregoing conditions are satisfied, the Developer shall be released from its obligation under this Agreement, as to the portion of the Property that is transferred, assigned or otherwise conveyed. After issuance of the Certificate of Completion for the Minimum Improvements, the Developer may transfer or as any portion of the Property or the Developer's interest in this Agreement 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 its obligations under this Agreement. Section 8.3. Release and Indemnification Covenants. (a) Except for any negligent act of the following named parties, the Developer releases from and covenants and agrees that the City, and its governing body members, officers, agents, servants, and employees shall not be liable for, and agrees to indemnify and hold harmless the City, and its governing body members, officers, agents, servants, and employees 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. (b) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the following named parties, the Developer agrees to protect and defend the City, and its governing body members, officers, agents, servants, and employees, 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. (c) Except for any negligent act of the following named parties, the City, and its governing body members, officers, agents, servants, and employees shall not be liable for any damage or injury to the persons or property of the Developer or its partners, officers, agents, IR servants or employees or any other person who may be about the Property or 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. 17 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 Developer's Agreement, but only if such failure has not been cured within thirty days after receipt by the defaulting party of written notice of such failure or, if the failure is by its nature incurable within thirty days, the defaulting party does not provide assurances reasonably satisfactory to the non -defaulting party within such thirty -day period that the failure will be cured and will be cured as soon as reasonably possible. Nothing in this Article IX shall limit the City's rights to exercise any remedy to which it is entitled under any other provision of this 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: (a) Suspend its performance under this Agreement until it receives assurances that the defaulting party will cure its default and continue its performance under this Agreement. (b) Cancel and rescind or terminate this Agreement. (c) In the case of an Event of Default by the Developer, the City may demand payment by the Developer to the City in the amount of any Available Tax Increment paid by the City to the Developer pursuant to the Note, and the City may further terminate the Note and the TIF District. (d) 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 the Certificate of Completion upon a default by the Developer. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the any party in this 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. 18 Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by another 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. 19 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests• City R „resentatives 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 or her personal interests or the interests of any corporation, partnership, or association in which he or she 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 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 Ogportunity. 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 prior to the Maturity Date, the Developer, and its successors and assigns, (a) shall use the Property solely for the purpose of constructing and operating a housing facility pursuant to the terms of this Agreement; (b) shall not discriminate upon the basis of race, color, creed, sex, national origin, or any other classification prohibited by law in the sale, lease, or rental, or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof; and (c) shall otherwise comply with the restrictions on use set forth in this Agreement. Section '10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be m ged by reason of any deed transferring any interest in the Property and any such deed shall nit be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles anti 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 5900 Schaefer Road, Edina, MN 55436, Attn: Kenneth A. Gere; and 20 (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; 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 10.6. Section 10.7. Countemarts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.9. 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. Attorney Fees. 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. - 21 ARTICLE XI Termination of Agreement Section 11.1. Qgfions 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 Pecemiv., It, 1998. Section l 1.2. 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 parry'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. 22 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf as of the date first above written, with actual execution on the dates set forth below. CITY OF ALBERTVILLE By Its Mayor By Its City Administrator STATE OF MINNESOTA ) ss. COUNTY OF Wright ) The foregoing instrument was acknowledged before me this day of 1998 by and the Mayor and City Administrator of the City of Albertville, a municipal corporation under the laws of Minnesota, on behalf of the City. Notary Public 23 ac By Its By Its STATE OF MR- NESOTA } ss. COUNTY OF Wright ) The foregoing instrument was acknowledged before me this day of 1998 by and , the and of , a Minnesota nonprofit corporation, on behalf of the corporation. Notary Public 24 EXHIBIT A CERTIFICATE OF COMPLETION Cae�rdr�A�,`/ .7 u c The undersigned hereby certifies that (the "Developer") has fully complied with its obligations under Articles III and IV of that document titled "Contract for Private Development," dated , 1998 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. Dated: , 199 . CITY OF ALBERTVILLE By Its Mayor By Its City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1998 by and the Mayor and City Administrator of the City of Albertville, a municipal corporation under the laws of Minnesota, on behalf of the City. This document was drafted by: KENNEDY & GRAVEN, Chartered 470 Pillsbury Center Minneapolis, MN 55402 otary Public A-1 EXHIBIT B LEGAL DESCRIPTION OF THE PROPERTY Lot 38, Block 1, Cottages of Albertville, according to the plat on file in the Wright County Recorder's Office, Wright County, Minnesota B-1 EXHIBIT C Authorizing Resolution CITY OF ALBERTVILLE, MINNESOTA RESOLUTION NO. RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS S3901,000 'TAX INCREMENT REVENUE NOTE, SERIES 1998. BE IT RESOLVED BY the City Council ("Council') of the City of Albertville, Minnesota (the "City") as follows: Section 1. Authorization: Award of Sale. 1.01. Authorization. The City has heretofore approved the establishment of Tax Increment Financing District No. 7 (the "TIF District") within Development District No. 1 ("Project"), and has adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. Pursuant to Minnesota Statutes Section 469.178, the City is authorized to issue and sell its bonds for the purpose of financing a portion of the public development costs of the Development District. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The City hereby finds and determines that it is in the best interests of the City that it issue and sell its $390,000 Tax Increment Revenue Note, Series 1998 (the "Note") for the purpose of financing certain public costs of the Project. 1.02. Issuance. Sale, and Terms of the Note. The City hereby delegates to the City Clerk -Treasurer the determination of the date on which the Note is to be issued, in accordance with that certain Contract for Private Development between the City and the Owner dated (the "Agreement"). The Note shall be sold to the (the "Owner"). The Note shall be dated the date of initial delivery thereof and shall bear interest at the rate of 8.00% per annum to the earlier of maturity or prepayment. The City shall receive in exchange for the sale of the Note the agreement of the Owner to pay a Site Improvement Costs as defined in the Agreement. Cof�•s Ac Al%•t`,4 B, GL Section 2. Form of Note. The Note shall be in substantially the following form, with the blanks to be properly filled in and the principal amount and payment schedule adjusted as of the date of issue: C-1 UNITED STATE OF AMERICA STATE OF MINNESOTA COUNTY OF WRIGHT No. R-1 $390,000 TAX INCREMENT REVENUE NOTE SERIES 1998 Date Rate of Original _Issue 8.00% The City of Albertville, Minnesota (the "City"), for value received, certifies that it is indebted and hereby promises to pay to the .-EPP or registered assigns (the "Owner"), the principal sum of $390,000 and t pay interest thereon at the rate of 8.00% per annum, as and to the extent set forth herein. 9�s o f !f1.4kP v, lam; Gt C 1. PUments. Principal and interest ("Payments") shall be paid on August 1, 2000 and each February 1 and August 1 thereafter to and including February 1, 2025. ("Payment Dates") in the amount and only to the extent of Available Tax Increment as hereinafter defined. Payments shall be applied first to accrued interest, and then to unpaid principal. Payments are payable by mail to the address of the Owner or such other address as the Owner may designate upon 30 days written notice to the City. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal, commencing on the date of original issue. Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. 3. Available Tax Increment. Payments on this Note are payable solely from "Available Tax increment," which shall mean, on each Payment Date, 89.90 percent of the Tax Increment generated in the preceding six (6) months with respect to the Property and remitted to the City by Wright County, all as such terms are defined in the Contract for Private Development dated as of , 1998 (the "Agreement") between the City and the Owner. Available Tax Increment shall not include any Tax Increment generated by the Property if as of any Payment Date there is an uncured Event of Default under the Agreement. The City shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than Available Tax Increment, and the failure of the City to pay the entire amount of principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the City pays principal and interest hereon to the extent C-2 of Available Tax Increment. If on any Payment Date there is available to the City insufficient Available Tax Increment to pay all 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. The City shall have no obligation to pay unpaid balance of principal or accrued interest that may remain after the final Payment on February 1, 2025. 4. Qptional Prepayment. The principal sum and all accrued interest payable under this Note is prepayable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Note. 5. Termination. At the City's option, this Note shall terminate and the City's obligation to make any payments under this Note shall be discharged upon the occurrence of an Event of Default on the part of the Developer as defined in Section 9.1 of the Agreement, but only if the Event of Default has not been cured in accordance with Section 9.2 of the Agreement. 6. Nature of Obligation. This Note is one of an issue in the total principal amount of $390,000, all issued to aid in financing certain public development costs and administrative costs of a Project undertaken by the City pursuant to Minnesota Statutes. Sections 469.125 through 469.134, and is issued pursuant to an authorizing resolution (the "Resolution") duly adopted by the City on 1998, and pursuant to ,and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179. This Note is a limited obligation of the City which is payable solely from Available Tax Increment pledged to the payment hereof under the Resolution. This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. 7. Registration and Transfer. This Note is issuable only as a fully registered note without coupons. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the City kept for that purpose at the principal office of the City Clerk -Treasurer, by the Owner hereof in person or by such Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the City, duly executed by the Owner. Upon such transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the City with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates. This Note shall not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the City has been provided with an opinion of counsel or a certificate C-3 of the transferor, in a form satisfactory to the City, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the City according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. IN WITNESS WHEREOF, the City Council of the City of Albertville, Minnesota has caused this Note to be executed with the manual signatures of its Mayor and Clerk. -Treasurer, all as of the Date of Original Issue specified above. CITY OF ALBERTVILLE, MINNESOTA er - reasurer Mayor REGISTRATION PROVISIONS . The ownership of the unpaid balance of the within Note is registered in the bond register of the Clerk -Treasurer, in the name of the person last listed below. Date of Registration Registered Owner Co74 Aer [7 &C Federal Tax I.D. No. Signature of Clerk Treasurer C-4 Section 3. Terms. Execution and Delivery. 3.01. Denomination. Payment. The Note shall be issued as a single typewritten note numbered R-1. The Note shall be issuable only in fully registered form. Principal of and interest on the Note shall be payable by check or draft issued by the Registrar described herein. 3.02. Dates: Interest Payment Dates. Principal of and interest on the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day is a business day. 3.03. Registration. The City hereby appoints the City Clerk -Treasurer to perform the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Re inter. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the City has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the City, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (d) Imgrover or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The City and the Registrar may treat the person, in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and As effectual to satisfy and discharge the liability of the City upon such Note to the extent of the sum or sums so paid. (f) Taxes. Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated. Lost. Stolen or Destroyed Note. In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the County Auditor and shall be executed on behalf of the City by the signatures of its Mayor and Clerk -Treasurer. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the Notehas been so executed, it shall be delivered by the Clerk -Treasurer to the Owner thereof upon payment of the Land Acquisition and Site Improvement Costs in accordance with the Agreement. Section 4. Security Provisions. 4.01. Pledge. The City hereby pledges to the payment of the principal of and interest on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall be applied to payment of the principal of and interest on the Note in accordance with the terms of the form of Note set forth in Section 2 of this resolution. 4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal thereof or interest thereon (to the extent required to be paid pursuant to this resolution) remains unpaid, the City shall maintain a separate and special "Bond Fund" to be used for no purpose other than the payment of the principal of and interest on the Note. The City irrevocably agrees to appropriate to the Bond Fund in each year Available Tax Increment necessary to pay principal and interest due on the Note in such year. Any amounts remaining in the Bond Fund shall be transferred to the City's account for TIF District No. 7 upon the payment of all principal and interest to be paid with respect to the Note. C-6 Section 5. Certification of Proceedings. 5.01 Certification of Proceedings. The officers of the City are hereby authorized and directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and records of the City, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. Section 5. Effective Date. This resolution shall be effective upon full execution of the Agreement. Adopted this day of , 1998. Mayor Clerk -Treasurer C-7 r I rwwwwwwwwwwrr+rrw:wwwrwwwwrrwrwrwwrwrwwwrwrrrwwwwNrrwrwrrwwr*rwwrwwowrrwwwwwwrwwwrwwwwwwwwwwswwwwswwwwwwwww,ewti * City of Atbartville • 07/19/90 Receipts Journst AUDIT TRAIL •wwwwwwwf4wwwrwwwwrwwwwww7lrwwwrwrwrrrrwwwwwrwwrrwwwwwrrrwwrwrrw*!wlrlrwwrwwwfwrwwrwtlrwwwwwrwrfwrwwwwwwwwwwww* • S Account Description DATE REF B DEBIT CREDIT BATCH DESCRIPTION •*..wwwwwswwwwwrwwrwtwrrwwwwwrwrrr+►wwwwrrwwrrtrrwrwwrswwwwwwrwwwwwwwwrr+►wrwwrwww�wwwwwwwwwwwwrwrwwwrwwwrrwwwwrww;rrww+►rwwrrwww:rwww 1125.25 S. A. Receivable Deferred 09/01/89 1331 2,444.37 110 WRIGHT TITLE GUARANTEE 4270.01 Fence Permits 09/05/89 1332 18.00 110 D.J. HEATING AND AIR CONDITIONING 1125.28 S. A. Receivable Deferred 09/06/89 1333 3,319.07 110 WRIGHT TITLE GUARANTEE 1125.30 S. A. Receivable Deferred 09/06/89 1333 2,491.39 110 WRIGHT TITLE GUARANTEE 9315.50 Sewer Insp. Charges 09/07/89 1334 4250.01 Dog Permits 09/08/89 1335 9315.50 Sewer Insp. Charges D9/08/89 1336 9316.50 Sewer Licenses 09/08/89 1336 4499.01 Other Revenue 09/08/89 1337 1125.31 Speciat Assessment - Def. 09/08/89 1338 4230.01 Buitding Permits 09/08/89 1339 9320.52 Albt. Sewer Avait. Charge 09/12/89 1340 9325.52 Atbt. Water Avail. Charge 09/12/89 1340 9330.61 Storm Water Conn. Charge 09/12/89 1340 4230.01 Building Permits 09/12/89 1340 5,810.46 *CR 25.00 110 PSYK CONSTRUCTION 32.50 110 KATHRYN CARRON 25.00 110 GARY FERN 45.00 110 GARY FEHN 70.00 *CR 10.00 110 SHERBURNE COUNTY ABSTRACT 7,333.33 110 NORTHWEST TITLE AID ESCROW 251.80 110 GENE SAUER CONSTR. 575.00 110 JIM LEVER CONSTR. 200.00 110 JIM LEUER CONSTR. 100.00 110 JIM LEVER CONSTR. 546.45 110 JIM LEVER CONSTR. 9320.52 Atbt. Sewer Avait. Charge 09/12/89 1341 575.00 110 ANDREW SAVITSKI 9325.52 Albt. Water Avail. Charge 09/12/89 1341 200.00 110 ANDREW SAVITSKI 9330.61 Storm Water -Conn. Charge 09/12/89 1341 100.00 110 ANDREW SAVITSKI 4230.01 Building Permits 09/12/89 1341 1,386.70 110 ANDREW SAVITSKI 2 261.70 *CR 9320.52 Atbt. Sewer Avail. Charge 09/12/89 1342 9325.52 Albt. Water Avail. Charge 09/12/89 1342 9-YI Storm Water Conn. Marge 09/12/89 1342 4' 01 Building Permits 09/12/89 1342 4230.01 Building Permits 09/12/89 1343 9325.50 Sate of Equipment 09/12/89 13" 4499.01 Other Revenue 09/12/89 1345 4220.01 Beer Permits 09/12/89 1346 9315.50 Sewer Insp. Charges 09/14/89 1347 4230.01 Building Permits 09/14/89 1348 4230.01 Building Permits 09/14/89 1349 4240.01 Sign Permits 09/15/89 1350 4400.51 Rental Income 09/15/89 1351 4499.01 Other Revenue 09/21/89 1352 4499.01 Other Revenue 09/21/89 1353 1125.23 S. A. Receivable Deferred 09/21/89 1354 9320.52 Atbt. Sewer Avail. Charge 09/21/89 1355 9325.52 Albt. Water Avail. Charge 09/21/89 1355 9330.61 Storm Water Conn. Charge 09/21/89 1355 4230.01 Building Permits 09/21/89 1355 1125.26 S. A. Receiveble Deferred 09/21/89 1356 1125.28 S. A. Receivabte Deferred 09/21/89 1356 1125.31 Special Assessment - Def. 09/21/89 1357 1125.31 Special Assessment • Def. 09/21/89 1358 420.02 Park Rental 09/22/89 1359 99.{01 Other Revenue 09/25/89 1360 J .575.00 110 TIN RAAB 200.00 110 TIN RAAB 100.00 110 TIN RAAB 694.60 110 TIN RAAB 1,569.60 *CR 147.80 110 DON BARTHEL 25.00 110 SUNRISE PLUMBING 20.00 110 WRIGHT TITLE GUARANTEE 25.00 110 ALBERTVILLE AREA JAYCEES 25.00 110 MOURES EXCAVATING 30.00 110 HERB KNUTI 40.50 110 KEN LENNEMAN 1,824.00 110 FRANKLIN OUTDOOR ADV. 12,779.38 110 HEALTH ONE BUFFALO HOSIPTAL 10.00 110 FIRST SECURTITY TITLE 10.00 110 SHERBURNE COUNTY ABSTRACT 42.21 110 JAMHES HENNUIM 575.00 110 ROB FERRIAN 200.00 110 ROB FERRIAN 100.00 110 ROB FERRIAN 911.95 110 ROB FERRIAN 1,786.95 *CR 10,922.25 110 ALBERTVILLE INDUSTRIAL DEVELOPMENT CO. 7,094.94 110 ALBERTVILLE INDUSTRIAL DEVELOPMENT CO. 18,017.19 *CR 6,593.75 110 RANTER, DRIES, MURRAY, AND LENHARDT 6,593.75 110 RANIER, CRIES, MURRAY, AND LENHARDT 25.00 110 BRAD PRAUGHT 10.00 110 WRIGHT TITLE GUARANTEE Prepared by PROFESSIONAL ACCOUNTING OFFICE *r****+►trrtttrtrtwtrrt+rtrrrtrttttrttrtrtrwwwttwrwttwrtwwtttettrrtrrwttrrttrrrrrrrrrrrtrrrrtttrr+ttrrrt#,rtrtrwrtrwrtwrr, ' City of Albertville * 07/23/90 Receipts Journal AUDIT TRAIL PAGE 2 rtwrwtrrrttwrtwrrtrrtrrttrrtrrrtrrtrr+►***r************r****************r************r**********"*rr*******+►trtwttt Account Description DATE REF • DEBIT CREDIT BATCH DESCRIPTION t *. rsrarr+r,ewwrrrrrrrrrww+r�r,rrrrwwrrrr�rrrwrrrrrrrrrrrwrrrrwrrwrrwrrarrwrrrrrwrrrrrrrrrrrrrrrrrrrwtrrwrr,trr,�rwrry,rwwr,t 4420.02 Park Rental 07/21/89 1290 25.00 108 DONATUS VETSCH 1125.26 S. A. Receivable Deferred 07/21/89 1291 3,004.67 108 SHERBURNE COUNTY ABSTRACT 1125.30 S. A. Receivable Deferred 07/21/89 1291 3,225.25 108 SHERBURNE COUNTY ABSTRACT 6,229.92 *CR 4131.01 DISPARITY REDUCTION AID 07/21/89 1292 373.50 108 STATE OF MINNESOTA 4126.01 AGRICULTURE CREDIT 07/21/89 1292 1,329.44 108 STATE OF MINNESOTA 4120.01 Homestead Credit 07/21/89 1292 28,351.58 108 STATE OF MINNESOTA 4130.01 Local Gov't Aid 07/21/89 1292 30,761.00 108 STATE OF MINNESOTA 61,315.52 *CR "99.01 Other Revenue 07 89 1293 22.50 108 MILLER CONSRUCTION - 4499.01 Other Revenue 07/26/89 1294 400.00 108 SUNRISE PLUMBING 4499.01 Other Revenue 200.00 100 DON BARTHEL 1010.01 Cash and investments 07/31/89 0 55,465.73 108 RECEIPTS 1268 TO 1299 1010.02 Cash and Investments 07/31/89 0 22,427.16 108 RECEIPTS 1268 TO 1299 1010.52 Cash and Investments 07/31/89 0 10,382.03 108 RECEIPTS 1268 TO 1299 1010.60 Cash and Investments 07/31/89 0 14,700.45 108 RECEIPTS 1268 TO 1299 1010.03 Cash and Irnrostments 07/31/89 0 5,437.86 108 RECEIPTS 1268 TO 1299 1010.50 Cash and Investments 07731/89 0 17,381.50 108 RECEIPTS 1268 TO 1299 1010.22 Cash and Investments 07/31/89 0 876.32 108 RECEIPTS 1268 TO 1299 1010.23 Cash and investments 07/31/89 0 517.65 108 RECEIPTS 1268 TO 1299 1010.24 .Cash and Investments 07/31/89 0 587.68 108 RECEIPTS 1268 TO 1299 1010.25 Cash and Investments 07/31/89 0 6,665.97 108 RECEIPTS 1268 TO 1299 1010.26 Cash and investments 07/31/89 0 30,705.43 108 RECEIPTS 1268 TO 1299 1010.27 Cash and investments 07/31/89 0 4,568.57 108 RECEIPTS 1268 TO 12" 1010.28 Cash and Investments 07/31/89 0 18,228.42 108 RECEIPTS 1268 TO 1299 1 29 Cash and Investments 07/31/89 0 36,236.93 108 RECEIPTS 1268 TO 1299 1 -.j.30 Cash and Investments 07731/89 0 19,204.67 108 RECEIPTS 12M TO 12" 1010.31 Cash and Investments 07/31/89 0 77,083.59 108 RECEIPTS 1268 TO 1299 9320.52 ALbt. Sewer Avail, Charge 07/31/89 1296 575.00 108 BARTHEL COAST. 9325.52 Atbt. Water Avail. Charge 07/31/89 1296 200.00 108 BARTHEL CONST. 4230.01 Buftdfng Permits 07/31/89 1296 710.45 108 BARTHEL COAST. 1,485.45 *CR 1125.31 Specfal Assessment - Def. 07/31/89• 1297 21,999.99 108 FIRST SECURITY TITLE 4499.01 Other Revenue 07/31/89 1298 10.00 108 WRIGHT TITLE GUARANTEE 4499.02 Other Revenue 07/31/89 1299 19.94 108 UNITED TELEPHONE HASH TOTAL = 264215.920000 TOTAL TRANSACTIONS = 79 TOTAL DEBITS s 384,835.21 TOTAL CREDITS = 384,835.21 llt Prepared by PROFESSIONAL ACCOUNTING OFFICE 1 AA i EA;p A w IL OR PMAM C. sAVrrsKi 3448 3 MAPLE GROVE' MN d680o 2=,[L 19�'r 75 W910 PAY TO T11E /� !y� PLAY ��-.4 *4 z2l T•-��•�i/`j-/� DOLLARS Akw~ M&lk ANN1000Ri, N.A. "NKS M/AN Grow Ofam 0039.MNINaor1 N4� Gror ANVli7L1 a i005593: 1 4122320 3448 .1100002261?0.l' DF" IIKs ON PAUL= a "VrrSM 3447 MAPLE ewm MN e0oeo _44 19-a rs-mnlo RAY TO f. A I ORDER Of. (✓Xi1% . - DOLLARS Norwea Ba►R UNN MO(4 N.A. A1ANK8 U4* GW^ NNE6= 1:0910055931: 4i22320' 344? .l0000082500.#' ANORM K OR PA1A.E C. SAWSKI 3450 s-1��-�r"Ptts 7pp I�q 1772� wEA1nER' q . i � MAPLE GROVE. MN SSM �� 19 t) t 1 75-559/910 PAY TO THE ORDER Of._ 7 , 1 � o �jo .� ---•----�C— _D OL L A R S NOrwNf Bark N(nnwpf� M+PM Grow office Ahpb Grom N 85 BANKS 30 1:0 9100 5 5 9 31: 412 2 120 3 4 50 e0000017 MOO' 5731 11 wmsa PLUMBIN4k Mc. "MW lmm!2wm a= LA go" Al kaw"VUL MN owl C�•���19� ro THIBI 0 w0go, OF POLLARS FOR .................... 00040 216 2001. 8000000tso w00S?3&P 1:0919161?131:01?6 X z 0 z 0 00 it to LOP pr r. 1Lo IL 4 F46. ft 9 1 171 COP) CITY OF ALBERTVILLE RESOLUTION # 1998-17 A RESOLUTION ADOPTING THE WASTEWATER TREATMENT PLANT PUBLIC FACILITIES PLAN AND IMPLEMENTING THE SELECTED ALTERNATIVE WHEREAS, the City Council of Albertville has identified the need to upgrade and expand its wastewater treatment plant; and AREAS, the City Council has SEH, Inc. as the City Engineer to conduct its comprehensive study of the Albertville wastewater treatment plant and prepare a public facilities plan; and WHEREAS, the Wastewater Treatment Plan Public Facilities Plan dated September 1998 has been prepared and presented to the City Council; and WHEREAS, a public hearing was held on October 19, 1998, wherein the Public Facilities Plan was presented in detail and reviewed at length with the public comments noted. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City , of Albertville hereby adopts the Wastewater Treatment Plant Public Facilities Plan dated October 1998, selects Alternative 3, Option C, as described in the Facilities . Plan as the preferred alternative, and agrees to its implementation. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 7* DAY OF DECEMBER41998. Mark S. Olsen, Mayor Linda Goeb, City Clerk At the Special Joint Meeting of the City Councils of Albertville, Hanover, and St. Mich September 23,1998, a JPWB technical advisory committee was created. The purpose of committee was to review existing JPWB practices and policies, to analyze the impact of the JPWB Agreement Amendment, and to make recommendations regarding the roles of the JPWB and cities under the new ownership program. In that regard the TAC has been meeting weekly. At its first meeting, the TAC set some basic criteria and goals. 1. Maintain 'ty of the water system. 2. Maintain or Impsove the cost-effectiveness of the overall system. 3. Promx to a positive image to the public. Each committee member was provided copies of the resource materials listed in Exhibit B. The oommittee thendecided to do its review and recommendations on an area by area basis as follows: admin'strationt ing; maintesance, board, image, and education. Tome following ors are band on the fact that the cities will now own, operate� and maintain the distribution systems. This includes lines, hydrants, valves, services, and meters. The cities also have the option to assume the water billing duties. 1. Area — Administration Item -- Building Permits Reco flora - The City adnainiststes all building permit related actions with regard to the water system (see Exhibit B). This is more efficient and d1ows for easier coordination with other building inspection -rem activities. 2. Area —Engi Item — Subdivisions/Site Plans Reconunendatioas • The City acirninistrates, reviews, and inspects all water qskvn activities related to new subdivision and site developments (see Exhibit Q. This is more cost-effective and allows for easier coordination and clear definition of responsibilities. 3. Area — Maintenance Item — Repairs and Replacements Recommendations • The City will be responsible for all repair and replacement projects except for the EDA line. With ownership of the distribution system comes the responsibility for it's maintenance. 4. Area— Engineering Item -- Design and Construction Standards Recommendations - The City Engineers will annually meet with the JPWB mgiDm to review and update a basic set of standards which will be adoptedby each community. S. Area Maintenance r f ��'at�+t l�. G.�►i Item — Agreement Recommendations - Each City will provide for all operation and maintenance needs of its water distribution system. This may be by the establishment of a water department or by an agreement with a maintenance service company (see Exhibit D). The City will establish its own component of the user fee to cover theme costs. 6. Area — Maintenance Item—Flushng R�ecwannusciatiot - Semiannual -flushing operations will be coordinated by the JPWB ofam. It is important to coordinate flushing activities without r speet to City boundaries in order to maximize the dfacti of the$g muinimiu system dis ce. TIF G� s ►. .v. 7. Am— Adtrnnistra#ion Item Cuftnnex Complaints Reoa 'ons - City Hall telephone numbers will be identified as coal for cuotner complaints. The City will forward action mwests to maintenance operator, JPWB, or appropriate Party— S. Am — Administration 444 cm4UJ 4VA�- Item, — JPWB Board Representation • Each City designates two representatives to the Bmart. One voting representative should be the mayor or elected. oificW. The voting representative should be a staff person from the water` operations area. The staff representatives will be able to report On daily operations and provide technical input when needed (wefasts Exhibit E). Ae; dos O' t yt&A+ & ki" a 44W P^ can 43 9. Area— Administration E�7 MOVA Item — JPWB Board Seams► e$ Rec mnimndations The job dm ription be modified as sho on Exhibit F. With the distribution system owned by thwt citi duties related to distribution will also go to the cities. 10. Area -- Maintenance 1AO VA Item — Locates FnG�✓�`na} Itecomme €n3s - Cities will be responsible for all locates under their operations agreement. This will avoid duplication of locate costs. 11. Area— Board q4,� Item —Technical Resources ec Rdations The Board continues to retain a comfit engineering con=100 go a technical resource. Continued evaluation of the Master Water Study will be needed as well as design services for source, 001W,; and treattnent facilities. y 12. Arta -- Image/Education Item — Water Quality Recommendations - Broaden the public education effort on the things that affect water quality. A common ultimate objective of all representatives on the TAB was water quality. The Board's effcxs in that regard should be made peric. Tips for users should be distributed. �� � ice' ��•� / �1, Z// Of, 9 A;) 7-- k , j 7 i ZxWk A — Resource Materials 1. JPWB Standard Requir+enumb for Construction of Wat main 2. JPWB Wate n=in Design SMdards 3. June 31998 Autn to Standard Requirements 4. JPWB "As-ln W Review Checklist S. RmsdMion Amending 4pusting and Authorization Agreement 8. Job Douription for JPWB Office 7. JPWB Clerk Job Douiption 8. JPWB PoHeift Manual, September 1997 9. PSG Arsonot 10. Draft 1998 Mauer Water Study Prods Flow Chart Building Permit 1. Bu Wing Permit Application made to City. Z. City wHacts all fees andhook-up charges and forwards JPWB portion. 3. City scheduled and inspections. 4. City issues meter and notifies JPWB of initiation of service. P r Process Flow Chart Preliminary Plat- Site Plan I. Application and Documents submitted to the City 2. City nwiews docun ots for cAnfonaance to comprehensive puns and applicable standards 3. City holds public hearings 4. City fine aids approved p mliminary duets to JPWB for infinution purposes S. City reviews construction plate and specifications ft confanaance to standards 6. City performs s =Wuction inspection and Ming 7. City reviews as -built plans and tie cards S. City 'ts two (2) copies of as -built water system plans, test results and tie cards to JPWB Agreentent For Operations and Maintenance Services ,mis AGREE'4iF;' T is entered into this gas& day of Decemlm tVM, by and between 5 . 11 1pfill Corgi and Proftslonal Services Gmp, I 4c., with its ' at 14"01*46tow Forest Parkway, Suite 2W Houston, Tom "032- 3342 (miss` WE OWNER awns for ttsc opustim of watear �s rz WH " OWNEILdositaslompbyto services of PSG in die opt ant mat: of these amd PSG top such for the: aticjnpcoMded for bowein. NOW, WORKin ccnrsMftjtuxt of the ummA co►c enants and amens berina+ fog* OWM and PSG agim as 1 1.1 EWfij"Ona of wart and phrues used in this Agreement and 60 atta contained in Appft& A. 1.2 All f-waY* vaiticies or haekwaor acquired or awned by 4ailv'ER sW remain dw eemclusiv a p;+opetty of OWNER unless specifically provided for of e: in diis Agreement 1.3 This Agreement sang be governed by and inter in acemil ince'with die ors Of do Stags of LfimmootL 1.4 This ASMMDW gW be big upon fire successors and of each of tfic panties, but natiter party shag assign this ArcuUM without dia print written consestit of tip otlw party. 1.5 Al notices shalt be: in witting and transmitted to die party's ad&= stated above. All notices shad be domed d cffecti /* given when delivered, if dcHvercd Net 1 L 2 1.6 1.7 personally or by courier marl service, has been deposited in the United Stagy mall postage pmp&K if mailed certified or registered U.S. mangy, return receipt requested; or received by the party for which notice is intended if given in any. other marma. This Agreetnento irrch:ding Appendices, is the entire AVve went between tree This Agreement may be modified only by written agreement skned by both pafmmWhetam used, dw terms "PSG" and "OWNER" shall inchde the respective oftsM agxnts, directors, elected or appointed officials and employs and, w%me appra date► submtraictors or anyone acting on ftir behalf. If any tank provision, coves or condition of this Agreemea is held by s c »nit of compatentjorisdiction, to be invalid, void or ---- tfa=ablej the remainder of tier proviskm slung main in flat force and dflect and shall in no way be affectat fir4mhvd or knefidated. 1.8 It is understood dut the rdmdowhip of PSG to OWNER is diet of iodepe endat coat actdar. Mt c servkes p mvktcd under Mis Agreeameait are of a professional nature and &A be prfdtrtned in accordance with good and weepted' pracdeas for corifta opwaton simAdy skuau& Howaw, `such services net -:- be considered enowaft and nothumg i wain is bonded to imply do PSG is to supply professional aMpnecting services to OWNER stated in this Agreemot to the contrary. 1.9 XAmy 8dgadon is nee�.e axy to enforce the terms of this Agreemalt the preva' ag party shall be entitled to reasonable attormy, a few and costs which are direc:dy attributed to such litigation in addition to any other rdWto which it allay be 1.10 Nadft in this Arement shall be construed to create in sang<ddrd patty or in %v+onr of any third pasw Am t ght(s1 licetnse{s), power(s) m'"1 cgs(s)- 1.11 Prior to dw t of work under this Agrees ucit. each party shag designate in wdft an employee or other representative of the design; party who shall have suiltority to render decisions promptly, and furnish information &xpcditiously to the other party in cases of emergency. Psas Services 2.1 PSG will staff tlae Project with employees who have met ap mpriatc licensing and ccatification re+ n+ cnernb of the State of Minnesota. 2.2 PSG shall provides =wing training and education for appcOpriaw personnel itt all necessary areas of modern water process control, operations, maintenance, and mpe+rvisory skills. J' M Pop No. 2 23 PSG shall lop and/or supply and utilize computerized programs for mahucr once, process control, cost accounting, and laboratory Quality Asswance( Quatity Control. Z.4 Witlwt dirty (30) days after PSG begins service under this Agreement, PSG will provide a physical nnentory of OWNER's too*, -parts and equipment in use at.tne Project aid a genezral statenamt: as to the conditm or each piece of equ p umt PSG AA upda w dos inventory wwwIly. OWNER's equi nma"be used only in the ,performance of duties under this AgmemenL 2.5 PSG shad upemtc, maintain a ndlor monitor the ;rroaecum a 24-hour per day, wc ="W per week schedule. 2.6 Visits my be: made at a reasonable time by OWNER's eKnpkayees so d=Wmftd by OWNEIVstepicamuth FMz for the PtojwA shad be provided to OWNER by PSG'ibr w& vsitL All visors to tine Project atuill com* with PSG's open w6w and raft pm . 2.7 PSG will implement and maintain an employee safety prognm in compliance `t "lma, rules and reg Wio ns and make recarmn 'M rI to OWNER regarding &a nw4 if any, for OWNER to nhabState, expand or modify oboe Projeact, or make Capital Expenditures, to comply with governmental sa ft regsixtions applicablo to PSG's operations bmumder and Ma *I regr Ps i pursuant to the Amenici m Whit Dos WxTd' y Act ("ADA7). N herek shall be const ued to place upon PSG a duty to find and report violsSms of aides titssoft laws or the ADA at the Fae t . 2.8 Up m request of OWNER or as it shall deem necessary, PSG will provide a bft Of rsc exl carpitad iarnpwernft requirred for the Projeact. PSG will not be relieved of its snap 'ty w perform if tine w4wimendatibus are not in-gIIIIINIII,cl; mod, howow, the failure to meet water qua* xcqwemwft� or . other dump otrigjury resubing from the failure to make recommended capital unprove =ts necessary to meet federal, state or local laws, rules or regaWions for the safety of persons in or about the facilities and to meet ADA requiirenrentsshall not be op&mal for the OWNER. N approved, the OWNER will make arrangements for the design and construction of said imprc�v�emets. 2.9 In amp emergency affecting the safeety of parsons or property. PSG may act wiftut written arse dment or change order, at PSG's discretion, to prevent dutatcned damage, injury or loss. Nodung herein shall kiporse upon PSG a duty to pexfa-m any emergency work absent a change order and hilure to peaform any such emergency work shah not wgxwe upon PSG any liability for emirs and omissitsat. Any cost incurred in such an a maWncy shaft be at the direct expense of OWNER accepting PSG's labor. 3as�l~+overo�rs-F�rral� .�gr�ement 2.10 As rego i by law, permit or c order, and as resKmably requested by OAR, PSG win --- krepaMperforma= reports and submit them to OWNER for signature and 'ttal to appropriate authorities. 2.11 PSG will pmvide laboratory testing and sarupf8 presY required by federd, staa or local rules and regulatiorm, statutes or ordinances, permit or hc=w r+eeluir or jwhcW and regulatory orders and dames, and as reasonaW requested by OWNER. lilt-,Aput#. 2.14 PSG shalt mah tain, re-csl andtar replace water mates as needed to Ware diet motets am functioning at nuadmum cff ciew . The cat of such of re s shaft be pa by OWNER. 2.18 PSG s attend nmmft and spccW mcc&W of OWNER as requested bN OWNM ftG sly wand prea-�rctuon mn*W as re4ifie d. and parFaim inspects of new connections to life water sygem, 2 inches or ICSs pursino ,to OW%iER's policies. 2.19 All OWNER tools, materials and equipment shall be kept and used in OWNER's rystem, only. 2.20 PSG shall assist OWNER in the area of pubic relations by providing prompt O&M informal to OWNER and by courteously conducting itself m oorrtact with dw public- 2.21 PSG shall provide OWNER a arittinwm of semiannual flushing !?QWdr x dmoe hydrants located on dead -ends or in low l}ing arras. no SFA provide arawai Wspectiort of every third hydrant, and canising of the mraliary valves on a I F owen~Fir ern Page No. 4 rotation basis. PSG shall develop a corrective maintenance schedule for those hydrants and auxiliary valves needing repair or flags. PSG shall, within a reasonable period of time, provide OWNER with a list of hydrants with endsc and type of landscaping. In PSG shall, on behalf of and at the direct expense of OWNER, purchase materials: and suppifies for operations and minor repairs and purchase materials and hire Goraraucterra and for major repairs such as. m mi. o. 619 , ; - -sepia s essssisss� Y PW ah pcovub jabot for operations mul'icitiaor repairs. PSC3 shah document all purchases. Such documentation shall includes date, vendor, a descriptim of parts andfo r labor purchased and reason of need. All non -emergency Capita cpm 'FindrepahsshaRbowiddnOWNER'sbudgcuqguidakm unless +approved on a nsodiai by OWNER 2.23 PSG ptnd& inspectim�� m J ,11 aar�csc. minor reps, record ._ fdsz alit -- - ---- - -: _ presu* in odstwice as royuuva try an U&M industry standards, or as required by spoeffic iceds of the syrsian, or as reasonably rcquestod by OWNER, including of special occ or simatums. The coat of maicd+enaace d!r r+opairs ss bQ the direct resstpanity of OWNER me ' PSG's labor. 2.24 PSG perIbrin, systm operations and preventive mswn e. PSG Ad prwMe dw OWNER with full docursssbentaticm of operations and that prevention mau�natme is being performed on OWNER's equipment in accordance with n s r+sxosntmaosndaticros at intervals and in sufficimt detail as may be determined bydw OWNER. Such a maintenance program must include dodo ` n of cdarrft-* ai and prevenfM maintenance. 2.25 PSG shalt pie, at it's own Cost, for all Permnal Protecdw Eqpt. 3 Dudes of OAINE12 3.1 The OWNER. shall fund all necessary Capital Eupenditutu excepting PSG's Personal Protective Equipment•. Any loss, damage, or injury resulting from OW"''Ms failure to pro m de Capital Expenditures or improvements when reasonably reqnsad by PSG shall be the sole reaponstUitY of OWNER 3.2 The OWNER. AA keep in force all Project warranties, guarantees, ' ea a meft and ficenses that have been granted to OWNER and are not transferred to PSG under this .AVU=M1t. 3.3 OWNER shag provide the Project with appropriate security personnel andiior deices to protect argmat any losses resulting from the the$, damage, or Page m. 5 UnAUIh0d29d use of property owned by OWNER and shalt accept tier for such losses except to the extent such losses are directly caused by the ncgbpnt acts or omissions Of PSG. 4 CompeMt%n 4.1 PSG's %F%M" atiosaUnder this Agreement shall ` Annual of an AFae. For the fnrsi yewr of this Agin PSG's Annual Fear is , ' • AnoW FM 1-5 In IB-11 WwA VW OM. 111�10 , 4.2 The 3�ftahanegodatvdeach yew at feast four (4) months prior to the aradversay of this AgreamentIs t date. Should OWNER and PSG fag. So sereck4w Annual Fee wll be determined by the application of the piroceftres in Appon&c D- S PtynintofCr upposedon 5.1 Ono- (142) of the Annual Fee for the cxrent year shall be due and pay" on the fifteenth of the month for each month *A savices we provt- I'I 5.2 OWNER shot pay interest at an annual rate one pgymetaft not psi and received withinfifteen (15) calendar days of the due data, such interest beingcalculaWd from the due, dale of dw payment Such chaWs shall be at the highest rate or ' 'ons. PSG shall inwami said interest. 6 Scopwo ChKWS 6.1 A Change in Scope of slum shall occur when and as PSG's c.osts of providing Unices under this Agreement cline as a result of 6.1.1 air change is Prraimt operadmu, personuut or staffing or other we which is mandated or other required, by a change in law, rule or regulation or an action or forbearance of any governmental body havirigJunsdiction to order, &crate or neopn such change; 6.1.2 increases or den reaam in the user base; 6.1.3 increases or decreases in rates or other related charges (inchuiing taxes) imposedupon PSG by a taxing authority • excluding taxes based on PSfZs'net income; and/or 6.1.3 OWNE.R's rat of PSG and PSG's consent to provide additknai sen ices to those set forth in Appendix B. J ' Page No. 6 6.2 For Changes in Scope described in Sections 6.1.1 and 6.1.2 as demo d by PSG to OWNER, an butuse or decrease in the Annual Fee shag be negotiated im good faith, If PSG and UVV'NIM fail to negotiate the Annual Fee shall be fitcromied or decreased by an mount equal to PSG's additional or reduced Cost associated with the Char in Scope plus fifteen percent (15%). 6.3 For Chomps in Scope dacnibed in Section 6.1.3 as demonstrated by PSG to OV44M as kArvase or decrease m the Annual Fee shall be negotiated in god Ih& IfPSG aid OWNER fat to negotiate, the Annual Fee shalt be kcremd or decreased re by an amount equal to PSG's additional or reduced Cost associated with the ChmW in Scope phis fdteen percent (15%). 6.4 OWNER and PSG negotiate an increase in PSG's Annual Fee for Chwos is Scope bused teat Section 6.1.4. 7 index ty, I iaW and bmrwm 7.1 PSG hereby agrees to •mdmnify and bold OWNER harmless fim aw habfiky or reasonable attomay's fees and casts for paopaty damaM bodgy wamy, imhWing death, which may apse from PSG's negUgennce, breach ofagy PSG obligatim hmin, or vdW misconduct under this Agreement, ik4luding rea omab% aftomap fees and costs in obtaift the: indemnity. 7.2 OV44FA hereby apees to hul mnify and hold PSG hw nkss from any MAW or darnaws including reasonable attomvY's fees and costs for property damage, bodily hdurYf mrbeiimsmg dam, which may arise from OWN E:R's neogetwo, breach of amy OW14M obi5stim lam, or willfid nisconduct under this re bin attormays fees and costs in obtaining the indemdW. 7.3 PSG AM be Sable for those fines or civil penalties iniposed. by a regtdatmy or esrrrt, 11 for violations occurring of or after Decartber 31,1997, of ther wader qvWky seqaisments provided for in Appendix C that are a remit of PS(ft n%Hgance. OWNER will assist PSG to contest arty such fines in ' psoce aruilor in court prior to any payment by PSG. PSG shalt pay the canal of any such contesr. 7.4 OWNER sW be liable for those fines or civil penalties unposed by any rgpdatoty or enforcement agencies on OWNER and/or PSG that are not a result of PSas negligence: or, are otherwise directly related to the ownership of the Project and shaft indmuffy and hold PSG harmless from the payment of any. such fines and/or peen attics. 7.5 Indeonnity Vm=mb Movided for in this Agreement shall survive the temika m of the AVemmt Page No. 7 I 8 9 7.6 Each party shall obtain and maintain insurance coverage of a type and in the amounts described in Appendix E. Each party shall provide the ether patty with t8tisfactorry proof of ins<u ance. Term, Tehminstion and 8,1 The it U term of this Ag cement shall be thm (3) Years commend j=UWy 1, 1998.11asafta, this Agmeme:nt shah be automatically renewed for sueceasiVC terms of three (3) Yes each unless candled in WMM by either party no lei dun one hundred and twenty (I20) days prior to won, 8.2 A party nuly termite the Agreement only for a material breach of the Agreament by dw other pmY, only after Oving written notice of breach; aid, cwxpt in case of a bteaeih by OWNER for non-psrym ent of Pso s hwojees, in which case t at$oa may be innnne tote by PSG, only aver a&Ming dw other party Way (30) dsP to ewe of conmume, taking to canna the keach. 8.3 Upon notice of anakmim by O� PSG shall Mk OWNER in assuming oparsdion of dw Project: if addidong Coat is incmrai by PSG at request: of OWNER, OWNER &a pay PSG such Cos within 15 days of unwire ram. 8.4 Upon termination of this agreement and all renewals and Caunkmofik PSG wig return the Project to OWNER in the same condition as it was upon the effective date of this wear and tear excepted. EVApmete and othw personal property purchand. by PSG for use is the operaticaa or rhsarhterce of tlu Project shall rain the property of PSG upon fermi natim} of this Apecracts unless the, PV0P4rtY was &=* paid for by OWNER or OWNER re&Nxsed PSG for the cost incurred to purchase the property or this Agreetnent provides to the contrffiy. aru Force NSt41erua . 9.1 to the event activities by employee groups or unions caul a disruption in PSGs ability to perform at the Project, OWNER, with PSG's assistance or PSG at its owe opt, may seek appropriate *Junctive court orders. During any such disiruption, PSG shall operate the facUities on a best-efforts basis until any such disruptions ceaae. 9.2 New per► * be for its him to perform its obligates ruin this Agreenan if such failure a due to any Unforesew Circumstances beyond its reasonable control or force mijeure. Hower, this Section may not be uses# by either party to avoid, delay or otherwise affect any payments dull to the other party. IE,ND OF TEXT1 Bothp.. i I rit . 4r. t .rE 'rr x, .' of r Agrement i , ex t •� ..�.. . �� }... �r �action} dm, parties to the *A Avftmad bm been ud w1l be UkuL a TRY IM GROUP, 24C. !�10 P N=7Z/ /J i.r-.- � cfrl ��� L�l. t����� ii ,�� - • ': 1 -. \f l/ � � ail ' d APPENDDC a DEFINrMNS Al "A=vW Fee" meat a pretdeterrnirted, fixed am for PSG'a services, The annual Fee includes Cost and profit. A.2 "capital Expenditures"`means any a tpertditutras for (1) the purchasse of equip m or fac lity;i em or (2)'major repairs which significantly extend Beni or fisc ity su vke: N or (3) earpeaagdm diet are planned, non -routine and budgeted by 4WNE PL Capital Expenditures does not include Personal Protectm Equipanm t A.3 "Coat' mom aII Dired Cost and indirect cast detennin ul on an &=ual basis in Idsnex wrath 9 - acceded accouat i ng A4 CoW mom demoactual coast incurred for the direct b of Chet Project inehuft but not 5111W to, erx 'hrr+es for project maresI and labs, eanployw bmeft the ice , t>tb > s ru., orb,equoumot raitA iqd and It of wimat services, quality assurance, tray, officie- SUPASO odtaa• supplies, 111"ixsna, telephone. NOW, MOM tools, rnemberaIus, and AS "Makdortanre►" means thttsea rune =&" ropetitrA wtivitiies required or recorun by the equiptaimt or hoft manufacWrer or by PSG to maximize the swAce life: of d ' , sewer, vehicla and facrUm. A 6 The "Pwje cr means all aquiptnent. vehWas, nomads, riglift of way, water lines and f=Ucs described d in Appe nft 8 and, where appropriate, the rnanageznent, opantions and m ' race► of such. AT "Repahe 'mom those non-roudntlnon-rqpetitiver acdvifin required for operational continuity, siafcty and lmfcemance generally due to fad m or to arvert a farhme, of the eguiptuenk sewn, vebicles or facilities or sorter convene nt thereof At 'Unforesem Circumstances" shall mean any event or condition which has an effect on the r%#o or obligations of the parties under d& Agreement, or upon the Pro*% which is beyond the reason" control of the party ring thereon and consiitwes a justitifor a delay in or nonimformance of action required by this Agmement, including but not 1irt d to (1) an act of Clod, landslide, hgtttniag, cx*quake, tornado, furs, on, Sood, failure to possess sufficient Property rights, sets of the public enemy, war, blockade, sabot s, insurrection, rat or civil disturbance, (n) preliminary or final order of any pr'ovitr ce, ' tratiue or governmental body of ccnrtpetent Jmsdiction, (iir') asgr change: in lave, regulation, retie, -uirerne ttt, interpretOian or statute: adopted, promalgaftd, issued or otherwise sped modified or changed by any %cal, Province: or smvntmental body, (iv) labor disputes, stnikm work slowdowns or work stopPages4, but Jett- Page No to C= ' iabaa'Asputess 02cm work slowdowns or work stoppages by emplayeas of PSG; and (v) Im of or hubW to obtain service from a sty necessary to furnish powr for due operation md mminua=4 of the Project. AS ` EmarnW mems a situatim soh requires mmuduft attenti m to p rote d dw hemM safgj► and vAdfin +f ibo Pr C, or U*xt=tW pmPart7► damage or loss to the System i.e. (a bma p4m or Nft stadon faml A.10 `Pusand Pwftc&v strati am= appropriate deal too boots, safely hard hats„ . and face shid& A.11 Winer ial nwn a fmilke by a aw party to iiM MW team, oboggdctk Of co y fob in dw AgroaneM the fdna of which aubstandslty hnpacts or . m tlss vats a(dw - m rmi Ipma of des Agram o at ~3adart�$ NO. II r "PENDL'Y B LXSCRUMON of PR©JECT PSG Sgreft b provi& dw nacmary for dw nunW. operadw a w mai a of of bake Iftwomm* • •Q? �Q ak- 111og eV* m AiWiUaZui0l fed of waftr him, $40 h and M valves in savic= on dw dae ofSh Agmenunt _ .. wstw coamcdOn aupoodm and perm AS% imata per yam. d. 4Wwdwnmdw 3aintP iarml� a PW No, 12 APPENDIX C PROJECT CHARACTEJUSTICS C.1lu Pwied ho d=ism COX dmom: A of 1.3 MC333 of "mw Prom with as Aft for chouded mWW=m 'I`!w for t by cltion and tiuorid�t. C.2 PSG wig Proica so drat avatar WE mod dw cum nt DdnkWg Waw S W9t`Fiaa!" now Per No. 13 APPENI MM D ANNUAL FEE ADJUSTMENT FORMULA AA,F AF. (Q.J whave Co AF. = Amaal Fee aqu iSied-in Article 4.1 before mW swat moditicatian AAF m Ad,od Annual F+me. C a CONUMPdoobduft Afl Urban C,oaunten (U.S. City Avmp)as by dw J.S. Depastnest of Labor, Bnrmu of Labor Stadsdcs in dw CPI Detailed Rapon for duo umah Om (3) moat prior to PSG beginning mvko d C; C.on P*OhK%Kfor AN Urban C; (U.S. My A ) as pubSbcd by tho U.& Depateunt of Labor, ftwm -ofLab" ftsWics in the ( _ DftAcd Rapoat for ;lie moo& throe (3) mou ppr to &a of *4 vvWch an a6seled base fce is being cal d. ant"""Pop No.14 APPEN140M E INSURANCE COVERAGE PSG SHAD. MAINTAIN: 1. Stater wodan c nsatiion for all of PSG's ampioyerequ� at the Project' by the Stow of 2. CoMpredu iw SmaW Ysbitity tee, brxbg PSas nqftmcg in an not Im dM S2,0000 J e:wbi ed skWo, Imb for bodly *fury ry andfor poputy OWNER SHALL MAINTAIN: I• Statififtywadws wfloill muslion for an of OWNER's emplaryeen associated wft tba P, areq*od by the State of &GnnaotL 2. PPCEy m b mc Aw aE P MPWY ' ' vabicift owned by OWM and opuraled by PSO emder this Agmannit. Arty Amy, imp 'b' or *0 be the fmartti W 'ty of the OWNM PSG wX provide at Just thhty (M) &ys notice of 60 caucelb&n of my Ply R is t uh" to mar the Agumac PSG my s& kum doductibla m u ft=Njwdw it is to mahumb to the mtwt pmnhbd by law but only if such acdm does wt hivafidab the propantp hworuce, of OWNER. PSG and dw OWNER, on behalf of dmmwbm and ter hisum16 wee ' tWo ofnbmpdmwed► respect to P to of the Pap No.15 a Albertville Hanover St. Michael City Council City Council City Council Joint Power Water Board Consulting Services Administration Operations Engineering Secretarial Maintenance Legal Accounting Locates F'nancisl. Billing Inspections Auditor Records Insurance Permits r 308 DESCRIPTI40N FOR OFFSCZ #ss� s�1��w-�v�t3�»Nanaaaar�s�-t��col+s#r� Wtenm+ce-companyr - any. f1twi - _wa ings e 3. Vea oC able 4. Place public notices in the official newspaper. S. Pick up the frail daily. 6. Do filing as needed. 1. Contact the printer for any printing needs (billing cards a*ter cards, letterhead, envelopes, etc. S. Purchase ,and pick up office supplies as needed. 9. Arranga snow plowing, lawn cars, holding tank Pumping; CVJL rsaintenance, and Off ice equipment repai r it 10. Issue, permits for hydrant use and bill monthly as-'nesdod. 31. Contact chairperson about any special situations as needed. 12. Notify the Board about possible problem and sake re o, armendstione,that Would benefit and protect the Board and It's .policies. 23. AA&Wxe the srottwere programs and contact Banyon Vats, System with any passible changes to increases efficiency. 14. Contact the insurance company of any problems, questions, or claims as needed. lc. Contact the attorney with any legal questions, problems or Board directives as needed. 26. ' Attend workshops as agreed upon by the Board... 17. Board Meetings A. Type up the minutes of the previous meeting S. Handle any Board directives and prepare a checklist. C. Send the previous month's minutes as approved by t Board to the cowwmities. • %TOB ' DRSCRIPTION FOR OFFICB page 2 Board Motings cent.: D- Notify customers mailing specific requests of the Board' decision. R. Prepare the financial statement and budget report onthty F. Prepare a fist of the bills to be paid monthly. G. UPdate the development and project status an needed. 8PrOPWO the agenda and contact the chairperem f corrections or additions. I. Make Copies, collate, and deliverbard packets unthly. nJ. Attend Board meetings monthly and special meetUMU eeded. K. Take minutes at any regular or special Board meotUiq. L. Prepare the budget proposal yearly. N. prepare the year-end financial statement yearly. M. Prepare'a list of services hooked onto the sy t4wrum the year. 4. Place that .audit on the agenda for Board approval y wly. P. Prepare a list of accounts being placed on the tax rolls Yearly. 18. Contact and schedule special meetings with the Board nerbWe as needed. 19. Accounting A. Record receipts and make deposits as needed. B. Verify payment requests, issue checks and record ate` as needed. C. Transfers ter bill receipts to accounting monthly. D. Balance than checkbooks and savings accounts. B. ` Run, verify and analyze the following reportsmonthly* I. cash balances, Z. revenue report 3. expense °tepor 4. trial balance sheet M JOB DESCRIPTION FOR OFFICE page Accounting cont e F. Moss out the month. 0- stun and verify the balance sheet and -income eta nt. R. Run and verify the Transaction List ` and General monthly. I. Prepare federal and state payroll reports quarterly J. Gather information needed by the Auditor yearly. 1 minutes 2. year-end inventory 3. list, of payable incurred in previous year !. prepaid insurance and insurance information S. assessment receivables S. future hook -one 7. plan review and construction deposits S. sales tax payable and state withholding payable K. Full Auditor's report L Work with auditor to Complete the report K% Review audit report and contact < auditor with an corrections and/or additions N. Review, verify, and replenish petty cash as needed. 20. Review, analyse, uPdato and gather rate information for Investments in accordance with the Investment Policy. 21. Quarterly Water Bills A. Establish new accounts as hooked on to the system B. Update accounts as needed (ownership change, namer chuVos, Phonenumbers,, motor information) C. Calculate and send final bills as needed. D. Computer generate nett r cards, separate, fold, close and organise according; to zip codelquarterly. E. Takeeater ;,cards to the post office quarterly. F. tinter meter readings) from the meter cards an rett quarterly. G. Contact customers where Herter readings are- incowu (high/low readings, serial *, no readings on card) r♦ IO� FOR OFFICS page water Billing +fit.: H. Generate is, list of accounts where no seater card was received by the 2sth quarterly. x. Calculate water billslquarterly. J. I Generate billing register quarterly and check for error*. K. Generate postcard water bills quarterly, organize siccordi to 21p code separate, aICldk . L. Take scatter :bills to tt�l a post office quarterly. M. Ckme c`ate a list Of now and updated accounts for Albertville and At. Michael to update their sewer accounts,; CXI N. Bnter water bill payments as needed. 1 4. Answer any-blling questions that may arise. P. Make any &43ustments for over/under estimation of us Q. than due Generate list of accdunts where payment was not meds. by date. R. Calculate Penalty for Illate Payments icy +QuarterZy. S. Generate bre"down lisp of account type and usages rly. T. ` Generate a list of newel, accounts and account type yearly. U. Compare pjapIM records with usage billed quarterly. V. Pull list. of past due accounts, send- notices to awe* accounts. and place° any accounts rolls yearly, with unpaid balances on the tax • 22 Developments and Commune ty projects affecting than water system. tt JOB IPTION FM 4FFIC8 page 5 Devologments and Projects cont.: ter--, uct -any .*xpensea.._incurred . by the Board for each projoc a*- ne tcatlon"or -a-r-o-3 t--are- raved by-the-&card-or.-inistrat-i-on-.ae-.authori-z*d -by--the--Board-r-s riv cons r, W it#brr'VI 't -' s-ru rod . Iry tom$ '�►10eiw+ , . I. ROCOLVO tWO copies of the as-builts, to sheets, -aW test results. J. Forward an* copy of the as -bunts, tie sheets mul test results to the .s engineer. letter --- to---ther-+ o"!- pe ---.�.., r _. y_ _of " iiach'ctevela nt -outlining---sny- Board.a /or. concerns. Cti�tyi '�G4wrrn�r•t� Q`G.T City of Albertville Notice of Public Head Variance Request Notice is hereby given that the Planning and Zoning ommission of the City of Alb�erWille, Wright County, Minnesota, will meet mi th Council Chambers of the Albertville City Halt on Tuesday, November 10'199 , at '7:00 PM, or as soon thereaf#e�r as possible, to hear, consider, and pass all written and oral objections, if any, to a Variance request from the b 'cling requirements for the STMA lee Arena to allow a galvanized roof on the 1 at 5898 Lachman Avenue Alberrtville, MN legally described as foil Lot 1, dock 1 Barftl Commercial Park, T4 Addition All persons desiring to be heard in connection with the nsideration of the above - mentioned request are hereby requested to be present at said meeting to make their objections, if any, to said action. cnda Goeb City Clerk NOV-11-1998 16:02 NAC „ + CRY OF ALBS i'i'VLLIE 612 595 9037 P+01iO3 .. i rd 6A 4: ..♦ f u , �. f f +.. a.4. I i-.+. f" S 9.. + '.Ii ! �V':ih 1 +: , M J:Id" {"+"..Ikl Adopftd by OW Agm tulft Sh toen day of NOWWOW 1US. CRY of W. Howard Unw, hair Unda Go eb. Oft park PC: David Lund. Lw4a Goeb _J City of Albertville Notice of Public Hearing Final Plat CEDAR CREEK NORTH 2ndADDITION Notice is hereby given that the Planning and Zoning Commission of the City of Albertville, 'Wright County, hWnesota, will meet in the Council Chambers of the Albertville City HAU on Wednesday, November 10, 1998, at 7:00 PK or as soon thereafter as possible, to beer, consider and pass upon all written or oral objection, if any, to the final plat for Cedar Creek North 2v Addition. The plat consists of 13 residential low zoned for single family homes The property proposed to be platted is legally described as follows: (Pilot Land Development Company, owner). Outlots E and F of Cedar Creek North All persons desiring to be beard in connection with the consideration of the above - mentioned action are hereby requested to be present at said meeting to make their objections, if any, to said action. Linda Goeb, City Cleric 6cCs) City of Albertville Notice of Public Hearing Final Plat KAMTON COVE 2`d ADDITION Notice is bweby given dW to Planning and Zoning Commission of the City of Albertville, Wright Cowty, hfinnesota, will meet in the Council Chambers of the Albertville City Hall -on We6esday, November 10, 1998, at 7:00 PK or as soon thereafter as possible, to how, consider and pass upon all written or oral objectiom if any, to dlw yeti pie for Karston Cove 2 d Addition. The plat rotates the building 90 degrees to minimize wetland fill. The property proposed to be repiatted is legally described as follows: (Pilot Land Development Company, owner). Lots 19 - 22 and Lea 27 Karston Cove 1 't Addition mentioned action me hereby requested to be present at said meeting to make the objections, if any, to said action. i Linda Goeb, City Clerk e a . CITY OF A BERTVILLE 11-10-98 Planning Commission Findings of Fact & Recommendation Request: Pilot Land Development has submitted a replat of a portion of Karston Cove First Addition wtwein Dots 19.22 and 27 of Block One are being reconfigured. This Is being done to minimize wetland fill and move access to Karston Avenue. The request includes vacation of the necessary drainage and utility easements in Karston Cove First Addition which are to be replaced by those In Karston Cove Second Addition. PhMnIng Conwnholm Ong Date: 10 November 1998 Finding of Fact: Based on review of the application and evidence received the Planning Commission now makes the following findings of fact and recommendation: 1. The legal description of the subject property is as follows: Lots 19, 20, 21, 22, and 27 of Block 1, Karston Cove First Addition. 2. The City Council findings of fact and applicable conditions approved for Karston Cove Preliminary Plat, Final Plat, and First Addition are incorporated herein. ROMMIMMANUM: Based on the foregoing considerations and applicable ordinances, Kando Cove Samd.Addiltim has been approved based on the most current plans and information received to date, subject to the following conditions: 1. The developer's agreement and conditional use agreement for Karston Cove Planned Unit Development is amended as necessary and armed by the City Attorney. 2. Ali grading, drainage, and utility Issues shall be subject to review and approval by the City Engineer. Adopted by the Aibertvft iPianning Commission this 1 Oth day of November 1998. Attest: City of Albertville By: Howard Larson, Chair Lind Groeb, City Clerk Don Jenson, David Lund, Linda Goeb a 1+• • y. • • is • •` •. •� TON' w am. • , 7 \• •+ O ` • SECOND'ADDITION e. �a •,.� •r.rirrri ••,AIs.Y r � •,•• I!. bra• •• i.r• ♦• • y �1 •. •. L • • •. t1I1+1I 1 a i '\I: i i4r 4r 1 ••4r •� t •.. • 1•w• , ,�• a;Y �1 �a /Ia ��•a L •i •' � t� a?te• L ••M ,•w'•I•sRtI. •, YY. r• I M...,:•r ., ,u I ar eio ffe 0o1#a%; w• f AJI orarl �iJaaia I .. ♦.+ •+�•:'►, •aVlt a •.. -. ,:.r ~ avwwl g14N - _ atN+yr w�i=w,w, aka+".,♦� 0 9221M •/:•/.-•^•.asp ;,'s,�' K�f r.\f 1•Iw 1 !rr• sue.• w,'-w, LqmP•.� 1 / \� is%iisi: `tea•` \ lNi. •/. • 4 f JI Ja s n 114J ♦+♦f r1 St man A•'r>rwJ+• was: Volt:' f ,tf a of of a of fast .;kt�y�t is r\I J ..�'L[ � r• '� R .. 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Q.a a R r. , t4(iy� i[w i Y Y •1 / jY y� �q 1j� r �• o 1 1 ipa/p uA Mw�frNr , fill Cocas err �.I if+rtP1 l No�rMJi•A'oY ♦ MM_f iTr I.rMY ViN doss Ji, ... 8 M .''y Np9X asJ! �M .N/J4 i *SAWf ,rareg rr�++T Y PAJ.O •+INT w+.w +#i�i r.rs.nrwesN •�r J�rw--• r ttvia), 1 f Dear Town Of Albertville, This is a written request for a new street light for the corner of 61 st and Kalland Drive. Kalland Drive loops and meets 61st on the east and west sides. This request is for the west intersection of 61st and Kalland Drive. The bus picks up on this corner and the nearest street light is a half a block away. It's pretty dark on this corner in the morning and would be safer for the bus driver and other drivers when the kids are standing there waiting for the bus. Mark LaDuke 10629 61st St. Ne. Albertville, MN 55301 (612)497-1728 gztrLs h6-c (Aft V-� 40 6%1 jce" -410�L Cor►,t/` A-11rdWAA-01- lovi �2- cio � j► Q f cn DEC-01-1998 12:52 LEAGUE OF M CITIES d(3) F.7r NOlR7i73 Job ?ills: CZN* A iishl i i+etvr �' L• ;� Cam. D—Wr - "Xi. F. 1DXN4=V Z= Ol NOitM Performs administrative work conducting the daily business activities of the City; conducts City elections; performs skilled bookkeeping and record keeping; acts as the administrator for the city council and performs related duties as required-. ry Received: Works under the general and administrative supervision of the City Council and specifically reports to the personnel liaison. ,Mgt Exercises general supervision over the deputy clerk an orother clerical personnel in the administration department of the city. MICAL Dv=ss rsarcWcsv The listed eles may not include all duties performed by all positions in this &lass. Duties Duty vary smewhat from position to Position within a class. Accounting Related Duties *prepares accounts payable and receivable transactions and posts information to journals verifies account information and generates checks for biil payments. *Maintains and processes payroll, ell deductions, payroll records and reports, etc., processes claims and warrants for all funds. *Deposits and transfers money between accounts and reconciles accounts; keeps Council informed. *Identifies money available to be invested in conjunction with the auditor, tracks due dates of investments and invests funds with Council approval in accordance with City policy. *prepares and presents the annual budget to the City Council, including capital improvement plans. *Monitors expenditures and receipts during the year. administration Related Duties *Coordinates the operation of all departments in City government to ensure citizens promptly receive high and quality products and services. *Recommends and coordinates the development of administrative rules, policies and procedures necessary to ensure proper functioning of all departmentsi researches and assists in the development of solutions to problems. *Identifies and researches current municipal issues, insurance risks, legislative mandates, and regulations changes and provides an analysis of issues and changes to the City Council (Keeps the council informed of issues which they nay wish to take action on DEC-01-1998 12:52 LEAGUE OF MN CITIES P.02i17 y or should take action on in the best interest of the city.) *Prepares special assessment rolls, bills !or special assessments, collects payments and records as appropriate. *Receives requests, complaints and information from the public and transmits to Stattff and/or Council. (Also, may handle, if an administrative matter *Establishes procedures and guidelines for the effective operation of *Prepares and anf the aly$� utees andrbidsffor � pr•ducta and services; executes or recomadends execution of contracts to.the City Council. *Acts as liaison with State, County, City, Attorneys and Auditors and Boards and Coaomissions. *Administers local elections in accordance with State and County requirements. *oversees, schedules, trains election judges and maintains election records. *Assists in bid openings, reviews bids and highlights areas for review by Cityp Attorrn�ssyy *May assist in c=;tingr grant and loan applications; administers grant money that is received and prepares -related reports. *Prepares a variety of reports and files with appropriate state, federal or county offices. *Carries out assignments as designated by the City Council. *Reviews and assists in overseeinq all contracts and agreements. *Assists in planning or caoordinatinq annual City events. *Attends conferences and schools to keep*abreas£ of current city issues and apprises the council of coming issues which will require counc-it action. Clerical WK General Office Ditties *Prepares and types correspondence, reporter'menos, 'letters, ordinances, etc., on behalf of the Council. *Attends and participates in regular and special Council meetings, records Council actions; prepares agendas and maintains records of allactiontaken. *Provides council with 'a report of administration activity on a monthly basis. *Arranges and publishes notices of meetings and ordinances as required by law. *Attests the Mayor's signature on official documents wherever required and maintains responsibility for the City Seal. *Provides certified copies of proceedings and records of the City upon request. *Oversees and processes applications for liquor, beer and cigarette licenses. *Answers City phones and provides information and assistance to the public. *Determi.nes public information needs; identifies timely newsletter articles. X_RLDDAB* 8XXLLS AID ABILITI88 *Considerable knowledge of rules and regulations applicable to city government. *Considerable knowledge of accounting, payroll and billing practices DEC-01-1998 12:53 LEAGUE IF Imo! CITIES P.03/17 and procedures. *Considerable knowledge of City charter, ordinances, resolutions and policies. *Considerable knowledge of state and county elections procedures and law. *Considerable ability to keep accurate and complete records and files. *Considerable ability to read and analyze technical information and identify concerns. *Considerable ability to prioritize City needs and to coordinate operations and services. *Considerable abilityy to operate various office equipztant including but not limited to, computer and related software, telephone, radio, copier, typewriter, calculator and fax machine. *Considerable ability to type or enter data into a computer with speed and accuracy. *Thorough abilityy to communicate effectively and establish effective working relationships with elected officials, staff, other public officials and the public, including making formal presentations. *working ability to prepare a variety of financial reports and to pprepare and oversee administration of the -City budgets . barking ability to sit for long periods of tine while entekinq data at a computer or typing at a typewriter. Considerable ability to an and analyse city administration functions; develop altepplrnatives; and determines the costs, advantages and disadvantages of various alternatives. QIIALIFICATIONS ffiINIMIIM QQALIFICATIONst Bachelor's Dee in Government operations or related field (or commensurate experience with a minimum of an Associate of Arts Degree) or tvo years of municipal experience; demonstrated proficiency in analysis of the written word, employee relations, public relations and verbal communications; demonstrated computer proficiency in data base, word processing and accounting software Note: Asterisked items are essential to the job. DEC-01-1998 12:53 LEAGUE OF MN CITIES ORTONVILLE P.04/17 JOB TITLE Clerk-Administrator/Treasurer DEPARTMENT Administration SALARY SCHEDULE JOB DESCRIPTION BATE I P�i6E ' 11-30-►90 J z REPORTS TO City Council SCOPE OF JOB Gsnara? s g ant of D ties: Performs responsible administrative and supervisory work coordinating and directing City government operations; and performs related duties as required. Supervision Received; Works under the administrative oversight of the City Council. 9u�„yery ion Exercised: Exercises general, technical/ and administra- tive supervision over all City employees either directly or through subordinate supervisors. PERFORNANCZ RESPONSIBILITIES The listed examples may not include all duties performed by all Positions in this Class.- Duties may vary somewhat from position to position in a class. - Plans, organizes, and administers the City to ensure a coordinated and efficient effort to meet the goals and objectives of the City. Oversees and coordinates the administration of all departments in City government including personnel, equipment, and facilities to ensure adequate service is provided to the citizens. supervises all City staff directly or indirectly. through subordinate supervisors including interviewing and recommending hire; training; assigning and previewing work, recommending reward and discipline,, approving time cards, etc. Acts as final authority on all personnel actions subject to approval of the City Council on hiring, severe disciplinary action, and dismissal. Develops and issues administrative rules, policies, and procedures necessary to ensure proper functioning of all departments.' (continued on page 2) DEC-01-1996 12:54 LEAGUE OF MN CITIES P.05/17 ORTONVILLE Job TITLE Clerk-Administrator/Treasurer PERYORMANCE RESPONSIBILITIES (cont.) PAGE 2_ Prepares and submits an annual budget to the City council; -keeps the Council informed of the financial condition of hte City; recommends action as appropriate. Manages and invests City funds in accordance with Council guidelines and sound financial practices. Attends and participates in all Council meetings and other'_ meetings With official bodies as directed by the Council,; maintains minutes f the meetings. Prepares recommendations for Council approval on a variety of City Cissues to improve the health, safety, or welfare of the City. daintains the corporate seal and all records and documents of the City. Establishes programs, goals, and objectives to accomplish work. Administers oaths and affirmations and takes and certifies acknowledg ments as required or sanctioned by law. oversees handling of complaints and request for services to ensure prompt and courteous response to citizens. conducts all City elections. Oversees and approves all City purchases through purchase order system. Acts as a liaison with state legislators and state departments in promotion of effective operation of the City of Ortonville. Acts as zoning administrator; attends Planning commission meetings; receives and reviews applications for zoning permits, variance requests, special use permits, and other matters related to planning.and zoning. Coordinates with the Building Inspector, Planning commission, residents, and businesses to resolve problems or obtain zoning variances where appropriate. Provides zoning information upon request and acts as coordinator for zonechangeapplications, Maintains City Zoning maps and records. ersees and manages all financial and accounting matters as delegated by the City Council; maintains appropriate records. Determines possible solutions to problems and presents alternatives for review by the City Council. Monitors operations to ensure compliance with applicable laws, regulations, rules, policy, and ordinances. Evaluates potential projects, programs, and services to determine feasibility and community impact and 'makes recommendations to the Council. Prepares periodic reports and makes presentations before the City Council. DEC-01-1998 12:54 LEAGUE OF MN CITIES ORTONVULE ?.06/17 JOH TITLE Clerk-Administrator/Treasurer PAGI3 3 XNOALLDGE, 6XILL8, A82LXTIE9 +I Considerable knowledge of laws, rules, and regulations applicable to 1 City government. Considerable knowledge of budgeting, accounting, and government financing. Considerable knowledge of government processes, services, and planning. Considerable knowledge of management principles and practices as they aPplY to public sector management. Working knowledge of office automation. Considerable ability to prepare and administer budgets. Thorough ability to supervise staff. Thorough ability to communicate effective and establish effective working relationships with elected officials, staff, other public Officials, and the public including making formal presentations. Considerable ability to plan and analyze City operations; develop alternatives; and determine the costs, advantages, and disadvantages of various alternatives. Considerable ability to prepare accurate and thorough reports. Considerable ability to perform mathematical calculations, to analyze data, and to prepare reports. Considerable ability to prioritize City needs and to coordinate City departmental operations and services. XINIMUM QMIPICATIONs Bachelor's degree with coursework in public administration, planning, community devalopzaent, accounting, business and finance, or equivalent; and three years of professional experience in finance, management, planning, Community development, or a related field. DESIRABLE QUALIFICATIONS Above education plus two years of experience in public administration including financial management. DEC-01-1998 12:55 L.EPrjUE OF MN CITIES P.07/17 Title of Class: Maintenance Supervisor Effective Date: May 31, 1993 1a1dt6t1ieIICC Supervisor City of Olivia DESCRIPTION OF WORK QMjW Staftment of Duties: Performs skilled maintenance and repair work with city streets, vehicles, equipment, grounds, and buildings; and performs related duties as required. S,,,li gMision Received: Works under the general supervision of the City Administrator. Su rvisiongZardsed: Exercises general and technical supervision over streets, parks and refuse staff. TYPICAL DUTZS I'E1tg'ORMED The listed examples may not include all duties performed by all positions in this class. Duties may vary somewhat from position to position within a class. *Plans, directs, and oversees street, parks, and refuse operations; develops long and short- term goals in cooperation with the City Administrator. *Supervises staff including jointly interviewing with the City Administrator and City Council, recommending hire and discharge, assigning work and evaluating performance, coaching, training, rewarding and disciplining. Assists the City Administrator in preparing and monitoring the department budget. *Prepares and analyzes bid specifications for large purchases or obtains bids as appropriate; purchases equipment and supplies in accordance with the budget and maintains related records. Promotes effective community relations. Attends Council meetings to answer questions and provide information as requested. *Evaluates worldoad, determines priorities, assigns staff to work and ensures completion; establishes the snow removal schedule and route. *Ensures proper care and safe operation of equipment and vehicles. Recommends selection of contractors including assisting in preparing and analyzing bids. *Coordinates projects with other City supervisors. (continued on next page) DEC-01-1998 12:55 LEACkE OF MN CITIES P.08/17 MainteuanCe Supervisor City of Onvia' *Inspects field operations to determine work progress, changing priorities, problems and material and equipment needs; responds to complaints from the public. *Records work done and staff time on state and county roads and sendstoand county offices. Conducts an annual inventory and reports the results to City hall. Maintains maintenance and repair records. Informs the City Engineer; when new storm sewer lines are installed. Oversees preventative maintenance and repair of department vehicles and heavy and light equipment. *Supervises and participates in maintaining and repairing city streets including patching holes and sealing cracks using a bituminous coal mix or hot mix; raking, grading, and operating the roller, blades alleys. *Oversees or Participates in operating a backhoe, payloadea, grader and dumptruck with attachments and a sweeper to plow city streets, parking lots and cemetery roads, and to haul material, sale and sand streets, and clean streets. *Operates a jackhammer to remove concrete, curbs, gutters and sidewalks. *Assists in installing tiling and sewer maims; hauls gravel and dirt, excavates dirt using a backhoe and fills in or repairs the holes after the work is complete. *Oversees and/or cleans storm sewers, catch basins and grates; cleans, installs, repairs, and (replaces utility covers;, cleans and repairs culverts, installs storm sewer lines from utility hole to catch basin. Stripes and maths private parking lots, tracts time and submits billing requests to City Hall. Calls for digging permits through "gopher -one". Straightens, repairs, and replaces street signs that are damaged; removes hazards in roadways. Assists with special refuse pickups and picks up brush from trimmed trees. Uses striper and roller to mark lines on streets, in parking areas, and to indicate handicapped parking areas. Assists in hauling debris during city clean-up weeks. Places cones and directs traffic, using flags as needed. Maintains the City compost pile. Assists in locating stray animals and bringing to the pound. Operates a chain saw to cut down trees; trims, removes, and hauls trees. Oversees installation and removal of holiday decorations. Assists other departments as needed. KNOWLEDGE, SKJLLS, AND ABH ITJES *Considerable knowledge of municipal street and park maintenance and refuse collection operations. *Considerable knowledge of materials, methods, and practices used in street, storm sewer, parks and grounds maintenance and refuse collection. (continued on next page) DEC-01-199e 12:56 LEAGUE IF M CITIES ?.09i17 Maintenat�e Supervisor City of Olivia *Considerable knowledge of traffic laws as applied to operating trucks and heavy equipment. Working knowledge of vdude ad equipment maintenance and repair. *Considerable ability to operate heavy and light equipment to maintain and repair streets, haul material, remove snow, clean streets, mow grass and apply salt and sand to City stress. *Considerable ability to schedule work and staff effectively and direct streets, parks and refuse operations. *Consldembk ability to perform heavy manual labor requiring continual use of large motor skills, standing or walldng for long periods, and frequent bending, stoopW, shoveling, twisting, turning, crouching, 3tretching and reaching to perform the work. *Considerable ability to regularly lift and =y objects weighing up to 50-60 pounds and occasionally lift and carry objects weighing W 100 pounds. *Considerable ability to work with exposure to loud noises from operating equipment. *Considerable ability to we, hear and manipulate objects requiring fine motor coordination to perform the work. *Considemble ability to work outside year-round, including during inclement weather. *Considerable ability to oommutii,cate effectively with City staff, elected officials, state and county agencies and the public. *Considerable ability to supervise staff and assign and prioritize work. Working ability to work with or around fumes when repairing streets, cluing storm sewers, operating and repelling heavy and light equipment, welding and painting. Working ability to work in confbted spaces and to operate a jackhammer. Working ability to prepare and monitor a budget and maintain records. MiYgD JM QUALMCATIONS Valid Minnesota Class B Driver's license with three years of street maintenance experience. Note: Asterisked items are essential to the job. DEC-01-1996 12:56 LEPOUE OF MN CITIES P.10/17 Public Works Supervisor City of Luverne Job Title: Public Works Supervisor Department: Public Works Supervisor. Public Works Director Hours Worked: 44+ hours (additional hours may be necessary to fulfill the requirements of the job) Effective Date: January 311993 DESC'itEMON OF WORK Q msW Stalnent of Dwhes: Performs responsible supervisory and administrative work involving the operations of the Public Works Deparunent including saves, parks, refuse, garage, and pool maintenance operations; and performs other duties as required. Sumvision Received: Works under the general and technical direction of the Public Works Director. Supervision Exercises general and technical supervision over department staff. TYPICAL DUTMS FERFO]RIVJ>Eti,D The listed examples may not include all duties performed by all positions in this class. Duties may vary somewhat from position to position within a class. *Super ises the work of workers at all skill levels in repair, manual, and maintenance work. *Directs and coordinates all assigned activities and personnel, assigns priorities, and participates in work supervised as required. *Screens and selects applicants; evaluates performance and recommends disciplinary actions or promotions; adjusts employee grievances; and designates lead workers for specific Projects. *Lays out, assigns and supervises . repair and maintenance work, authorizes overtime, csillbaccks, and other responses to emergency work. Participates in purchasing activities. Confers with engineers, city officials, and other interested parties in the development of long-range maintenance programs; coordinates crew activities with other municipal functions. *Supervises the maintenance of time, materlais, and equipment use records; requisitions materials and supplies; suggests major equipment needs or other capital, expenditures to Director. (continued on next page) DEC-01-1998 12:57 LEAGUE IF MN CITIES R.13?17 Public Works Supervisor City of Laverne *Performs maintenance and operation of equipment at the pool facility. Performs related work as required. Enforces union contract provisions, personnel policies, and safety rules and practices. KNOWUB, SKILLS, AND ABIL1Tig'S *Considerable knowledge of materials, methods, and techniques commonly used in municipal public works acclivities. *Considerable knowledge of hazards and safety precautions of the work. *Considerable knowledge of supervisory skills and practices and administration of union contracts. Working knowledge of the hock County Community Pool operations including knowledge of chemicals, equipment and mechanics of the pool and spa. *Considerable skill in the use of all tools, equipment, and vehicles associated with the work. *Considerable ability to supervise, organize, and direct the work of skilled and limiters -skill workers and equipment operators performing varied maintenance activities to obtain effective and efficient results. *Considerable ability to understand and follow moderately complex written and oral instructions. *Considerable ability to use both large and fine motor skills to manipulate objects requiring manual dexterity, to work at heights over 10 feet, and to be able to lift equipment and supplies weighing up to 60 pounds. *Considerable ability to stand or walk, sometimes for long periods of time. *Considerable ability to bend, crouch, or stoop, sometimes under adverse weather conditions. *Considerable ability to operate a telephone and radio for work calls. *Considerable ability to work with and around irritants, fumes, and hazardous chemicals. *Considerable ability to safely and effectively operate light and heavy equipment, including the operation of vehicles and related public works cquiprnent. Woridng ability to bend, crouch, stoop, sit, stretch, or crawl. Working ability to perform manual excavation/digging. (continued on next page) 1 1 DEC-01-1998 12:57 LEAGIE OF MN CITIES P.12/17 Public Works Supervisor City of Luverne QUALMCATI©NS Minimum Quatifications: Must possess a valid Minnesota CIass B driver's license with a tanker endorsement and hazardous materials endorsement, and must be certified by the State of Minnesota in boiler operation or able to obtain within six months of employment. Must have six years of public works maintenance experience, at least two years of which must have been as a crew leader. A Bachelor's degree in engineering or a related field may substitute for up to three years of required public works maintenance experience. Prefer 8 to 10 years a gmience in maintenance and supervision of Public Works type activities and related operations with expo working with the public. Note: Asterisked items are essential to the job. r This is responsible administrative and technical work in the direction and operation of the public works department and supervision of its employees. Operational position involving the responsibility for the city's streets, parks, buildings, wastewater and recycling utilities and programs through the supervision and participation in all fun --:tonal activities. Work involves the efficient operation of the public works department through the control of its activities by seeing that care and maintenance of the ci.ty's facilities is maintained and, that the appropriate allocation of resources is utilized in cooperation with modern maintenance techniques. The planning of activities and the assignment and supervision of all departmental personnel is required by the job. Work is performed with some latitude for independent action and decision making under the policy guidance of the City Council and administrator with review through meetings, reports, audits of records and observation of results obtained. May propose policy and regulations governing the public works department with the assistance of subordinate 'employees and in consultation with the city administrator. Prescribes work methods and procedures to be followed by members of the department; appraises conditions of work and takes the necessary steps to improve efficiency of public works/utilities operations. Serves in on -call capacity for regular weekend and after-hours duties. Supervises the control of departmental appropriations and submits annual departmental budget estimates and accompanying description of needs. Coordinates streets, parks, buildings, and wastewater improvement projects with the city engineer as to design, technical requiremente., state of the art equipment, local operating needs and to provide general plans and specifications input. Schedules, assigns and supervises all public works employees. Effectively recommends to the city administrator as to the hiring and promoting of departmental personnel and assists with performance reviews. Serves as alternate for city security and key control to the city administrator and maintains building/facilities security control system. Directs the connection of new wastewater services and disconnects of service for delinquent accounts. Plans, directs and supervises work relating to the operation, maintenance and repair of wastewater and storm water lines, pumps, lift stations so that the utility service to the city will be continuous and at full efficiency. Also, serves as trainer for employees and the supervision of their ongoing licensing eQui r pt, p; n t s . serves as departmental purchasing agent for items under area control in the public works depar*.ment and coordinates with the bief purchasing agen* (city administrator) for approval. supervises and performs various prescribed testings, reads auges, flow meter charts, logs readings, changes charts, operates tops, chlorinators, chemical feeders, electrical motors and other lant equipment. Duties also involve chemical analysis. May assist others with installation of equipment new or oplacement, instruct operators, and establish operating Tprocedures. Serves as safety officer and trainer with included enforcement of safety practices and equipment rules for the department and coordinates training with outside consultants. Serves as departmental supervisor and worker/operator in all Aspects of public works. Assist other city departments in the broad area. of public works . Performs other work as required. EDUCATION AND EXPERIENCE A combination of education and experience substantiall"y equivalent to high school graduation and post -secondary training in the area of public works operations which could include work experience in the construc*.i.or. of municipal utilities for water, wastewater; licensing as a Class " Wastewater Operator or higher; and a minimum of three to five years of actual public works!',*'_li ties sl_?='?r_ntende:nt and./or supervisor.-? experience with four to six years f eld experience in. various positions of public :;orks/utilities. K"LEDGE. ABILITIES AND SKILLS Knowledge of, the principles and practices of modern public works administration and methods. Knowledge of the standards -by which public works service is evaluated and of the use of public works records and their respective application to public works administration and future planning. Knowledge of the practices, methods, techniques, tools and equipment used in street, wastewater, automotive repair and related areas of the department. Knowledge of mechanical and electrical systems in pump houses and lift stations. Ability to read electrical drawings. Ability to maintain city addressing system and coordinate results with officials as may be needed. Some ability to analyze situations quickly and objectively with the determination of the pr.orer rol.irse of ae- r.. a4 the final Ability to cop? with sir13at;.ons firmly, fairly, -nurteously, ctfully, and with respect for the rights of others. Ability to follow both oral and written instructions and to =*pare and present oral and written material relating to the ctivities of the department. Ability to establish and maintain effective working `relationships with other city officials; federal, state, county authorities; civic leaders and the general public. Ability to provide effective leadership for and maintain harmonious relationships in the department. Skill in the operation and maintenance of wastewater and other public works facilities equipment and physical plant. Skill in training others in the repair and maintenance of Oqui rment . Considarable skill in the process •�f testing techniglies used in wastewater. Consi+anrabl a skill ir_ record k?epi ng and procedures of public works. CCOVNTABILI SF.S CON'IT?0NS *ports to: City Administrator k Direction: Public Works/Parks Employees rk Coordination: City Engineer Special Conditions: 1) Class B Minnesota Drivers License (valid) 2) Wastewater License Class C Physical Requirements: Ability to sit in vehicles/equipment and office furniture. Ability to walk, stand, bend, squat, crawl, sit up and look up. Ability to climb. Ability to deal with heights. Ability to see/observe various activities related to job. Ability to hear voices, radios and pages. Ability to lift/carry wright of 100 pounds or more. Ability to enter confined spaces. Ability to stand extreme variations in temperature from +100 dei; reel F to -40 de,, rags F n l us wi ndchi l l s . Ability to susr.a:•_+_ w0:-k i t2 actv,-�rse weather conditions to include snow, rain, wind, and other elements for long periods of time. F'.L.S.A. Classification: 1) No Exemption Status 2) Supervisory 3) Non -Exempt Overtime Pay Equity Points: 239 DEC-01-1998 12:58 LEAGUE OF MN CITIES P.13i17 Deputy Clerk/Zoning Administrator City of Olivia Title of Class: Deputy CWWZoning Administrator Effective Date: May 31, 1993 DESCRIPTION OF WORK ft 3tateM jMt of Duties: Performs routine to sidled secretarial and receptionist work i the City Sall office and performs clerical and technical work administering zoning permits; performs ,related duties as n quired. SuQ Msion Received: Works under the general supervision of the City Administrator; receives some direction from the Planning and Zoning Commission. The listed examples may not include all duties performed by all positions in this class. Duties may vary somewhat from position to position within a class. *Performs secretarial duties for aw City Administrator including: typing, wordprocessing, mailing documents, copying, filing and preparation of routine correspondence. Assists the City Administrator in preparing Council agendas, scheduling attendees, preparing informational pacbU and copying; attends and records Council meetings in absence of the Administrator. *Transcribes and types Council minutes and submits to the Administrator for approval *Acts as primary receptionist for the office including answering phones and in -person requests for information, greeting and referring citizens to proper source, processing cat and dog licenses, responding to a variety of complaints or referring as appropriate, and collecting utility and other payments. *Maintains the filing system for general administrative records and personnel records and oversees and implements the records retention system. *Attends Planning and Zoning Commission meetings and provides staff support including recording and transcribing minutes, preparing agendas and informational packets, drafting resolutions and carrying out Commission assignments. *Researches and recommends appmval of conditional use and rezoning permits, variances and amendments to ordinances; processes and drafts resolutions to properly record same. (continued on next page) DEC-01-1998 12:58 LEAGUE OF MN CITIES P.14i17 Deputy Clerk/Zoning Administrator City of Olivia *Processes zoning permits including answering questions, obtaining and reviewing completed applicatioas, explaining requirements and either issuing permits or placing on Commission agenda. *Notifies interested parties of hearings by determining who must be included in required notices and publishing according to requirements. *Schedules applicant, Planning Commission, and Council for hearings. T..ocates property stakes, and meets with the applicant to resolve discrepancies or obtain clarifications. *Reviews plats prepared by applicant's surveyor to see if ordinance requirements are met. Assists the City Engineer in updating City zoning maps; coordinates reprinting and modifications. *Oversees City elections including obtaining election judges, assisting with transportation and encouraging attendance at County training, transporting voters, preparing notices, arranging for printing of City ballots and overseeing the elections. Attends bid openings to carry out statutory City Clerk duties in the Administrator's absence. Transcribes victim and witness statements as requested for the Police Department. Prepares billings for fire and rescue squad galls; maintains fire department roster and prepares routine correspondence on occasion. Assists the fire department in preparing bid spoafications for capital purchases. Prepares miscellaneous bills for special pick-ups, garbage bags, spring and fail clean-up and others as needed. Orders supplies including office and volume paper products as needed. Assists the Finance Officer with asxssments by researching names and addresses at the Courthouse and sending notices of assessment hearings to appropriate parties. Completes injury and incident reports; investigates as necessary by taking pictures and noting conditions at site of the incident; works with GAB, the insurance agent and City Attorney as needed. *Assists with codification of ordinances and maintains resolution, ordinance and meeting minute brooks. Maintains the City bulletin board; posts schedules, notices and calendars. Prepares announcements and advertisements for newspapers and the radio. Reviews incoming mail and distributes it to the appropriate departments; prepares outgoing correspondence as needed. *Handles nuisance complaints, performs investigations and prepares correspondence or refers to the Council as appropriate. May recommand dianges to the zoning or subdivision ordinance. Assists with other office duties as needed. (continued on next page) DEC-01-199e 12:59 LEMUE OF MN CITIES P.15i17 Deputy Clerk/Zoaing Administrator City of Olivia KNOWLEDGE, sKnI S, AND ABILI M 'Considerable knowledge of zoning laws, ordinance requirements and procedures pertaining to the application approval process. *ConudemWe knowledge of secretarial practices and business english. *Considerable knowledge of election procedures and requirements. *Considerable knowledge of records retention requirements. Working knowledge of statutory City Clerk duties and requirements. Working knowledge of City services, operations, and procedures. *Considerable skill in typing, wordprocessing, filing, preparing agendas and in general receptionist work. *Considerable ability to raearah records and review applications and documents to determine whether requirements are met. *Considerable ability to prioritize work and problem solve. *Considemtble ability to perform mathematical calculations and maintain accurate records. *Considerable ability to make decisions in accordance with established policies and procedures. *Considerable ability to communicate effmaveiy both oxally and in writing with state and local agencies, contractors, property owners, elected officials, City staff, and the general public. *Considerable ability to research and analyze date, determine alternatives and make recommendations. *Considerable ability to hear and speak when conversing in person or by phone. *Considerable ability to read reports, correspondence, computer screens and other documents. *Considerable ability to regularly sit for long periods of time. *Considerable ability to operate a computer, typewriter, telephone and radio. Working ability to operate a vehicle. Working ability to prepare correspondence, resolutions, ordinance amendments and reports. OtTALMCATIONS h9,nimum..QsWifi fws: Valid Uannesota Class C driver's license and three years of increasingly responsible secretarial Cxperie nce which must have included recordkeeping, processing technical documents, worclproc essing and receptionist duties. Note: Asterisked items are essential to the job. DEC-01-1998 12:59 LEAGUE OF MN CITIES P.16i17 I'", JOB DESCRIPTION Jam: City Planner and Zoning Administrator MEDIATE SUP7' R�IYSOR (TITLE )_ ; City Engineer DIRB=CN CF OTHUS: One Part -Time Secretary DATE 10/15f85 DEPT: City Planning MR!R!,14 EDMMCN, TRAINING AM EXPERMICE Should have education and/or training equivalent to Saamlors Degree in City Planning or related field and have two or more years practical experience in zoning and planning. NATURE CP WQI ; Develops and coordinates c amprehensive planning program, including land use, transportation and area plans. Plans develops and enforces zoning ordinances and land use restrictions. 7nt zoning ordinance to building contractors and contributes to s ivision design, relative to ordinance requirements. WCM ARFAS OF MOPOSIBILITY: 1. provides technical assistance and ordinance interpretation: to contractors. and lan-6 owners to assure oeapliance with zoning, subdivision, sign and other City ordinances related to land use and building utilization. A. Advises builders, developers and land owners on ordinance requirements by phone and in person. B. Provides technical assistance to developers with subdivision design relative to ordinance requirements. C. Informs land owners of any existing code violations, develops alternative solutions and provides code enforcement if necessary. D. Ravises, update's and develops new ordinances as required by law or as necessary to resolve problems. XI. pArtio41*tes-agtive1y in Planning Commission meetings and serves as secretary for the6-M MU-7-On. A. Coordinates and schedules all meetings. B. Prepares staff reports, presentations and minutes for all meetings, all applications for zone changes, conditional use permits and variances for Commission's public hearings. C. Acts as liaison between Planning Commission and City Council. M. Serves as Recording Secretary/Grants Administrator for Joint Annexation/ Land Use Planning Grant Committee by: A. Preparing staff reports, presentations and minutes for all meetings. A. Scheduling and setting up all meetings. C. Preparing plans and collecting data for Joint Planning Study. DEC-01-1998 13:00 LEAfUE OF MN CITIES City plW=r and Zoning AdmfnistratOr Continued rV. Contributes to effective building and land utilization by participating in snort and laq rage planning for the City. A. participates in W prehensive City-wide plan review, updating and preparation of detailed neighborhood per• B. Works with park and Recreation Department in developing five year cNprehensive plan preparation. C. participates in downtown redevelopment planning by survey preparation and technical assistance. tiara plan and D. Takes part in establishing orderly ann criteria. ang r e growth management p].arning. E. Develops and coordinates long F. Subdivisiar plarming review. G. ir=o4dare Planning- various commissions, H. Meet, discuss and provide assistance to boards and committees. I. Develms grant applications to assistin all the abOve ted to all Of the J. Revises ordinances and updates plans above. V. perform aU other job -related duties as required. TOTAL P.17 6je;f CITY OF ALBERTVILLE RESOLUTION # 1998-25 A RESOLUTION ADOPTING THE FINAL 1998 TAX LEVY COLLECTIBLE IN 1999 WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and WHEREAS, the Albertville City Council has determined that a tax levy upon the taxable property in the City of Albertville is necessary to provide sufficient funds for the operation of the City from January 1, 1999, through December 31, 1999; and WHEREAS, the Albertville City Council has posted notice according to Minnesota Statutes of a public hearing to discuss the proposed tax levy and the proposed budget for 1999; and WHEREAS, such public hearing has been held and the proposed budget and tax levy collectible in 1999 have been discussed, including the proposed percentage increase in taxes and the proposed uses of the funds generated from such proposed tax increases. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA, that 1. The following sums of money be levied for the current year, collectible in 1999, upon the taxable property in the City of Albertville, for the following purposes: GENERAL FUND $558,853 DEBT SERVICE FUNDS 1988 Refunding Bond $ 2,600 1989 Refunding Bond $ 10,000 1990 G.O. Bond $ 22,500 1992 Sewer Trunk Bond $ 8,500 1992 Refunding Bonds $ 14,000 1993C Refunding Bond $ 25,000 1996A G.O. Bond $ 10,900 s e J 2. The City Clerk is hereby instructed to transmit a certified copy of such levy to the County Auditor of Wright County, Minnesota, to be placed upon the tax rolls of the property within the City of Albertville. ADOPTED BY THE ALBERTVILLE CITY COUNCIL THIS 7TH DAY OF DECEMBER,1998. Mark S. Olsen, Mayor Linda Goeb, City Clerk CITY OF ALBERTVILLE RESOLUTION # 1998-26 A RESOLUTION ADOPTING THE 1999 FINAL BUDGET WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and WHEREAS, the Albertville City Council has adopted a final tax levy to be placed upon the taxable property in the City of Albertville; and WHEREAS, the Albertville City Council has posted notice according to Minnesota Statutes of a public hearing to discuss the proposed tax levy and the proposed budget for 1999; and WHEREAS, such public hearing has been held and the proposed budget and tax levy collectible in 1999 have been discussed, including the proposed percentage increase in taxes and the proposed uses of the funds generated from such proposed tax increases; and WHEREAS, the Albertville City Council desires to reserve within the General Fund those monies designated as capital outlays within various budget classifications, such that those monies can be disbursed only for those capital outlays so specified within the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA: 1. The attached budget is hereby adopted as the final budget for the City of Albertville for the period January 1, 1999, through December 31, 1999. 2. All monies designated within the budget as capital outlays shall be reserved within the General Fund, such that those monies can be disbursed only for those capital outlays so specified within the budget. 3. The Albertville City Council has hereby complied with Minnesota Statutes. 4. The City Clerk is hereby authorized to transmit certification of compliance with Minnesota Statutes to the Commissioner of Revenue as required. ADOPTED BY THE ALBERTVILLE CITY COUNCIL THIS 7TH DAY OF DECEMBER,1998. Mark S. Olsen, Mayor Linda Goeb, City Clerk 1999 FINAL BUDGET 000.000 General Fund - Revenue 310.100 Current Taxes 558,853 310.200 Delinquent Taxes - 310.400 Tax Increments 320.110 Liquor Permits 10,700 320.120 Beer Permits 200 320.130 Amusement Licenses 350 320.150 Sign Permits 4,200 320.160 Other Business Licenses/Permits 5,000 320.210 Building Permits 35,000 320.220 Animal Licenses 100 334.010 Local Government Aid 118,533 334.020 HACA 138,150 334.030 Local Performance Aid 3,008 334.050 Police Aid 7,785 334.060 Fire Aid 10,280 336.000 Other Government Units Grants & Aids 4,800 341.060 PID/Le al Description Requests 1,000 341.070 Special Assessment Searches 1,000 341.090 Other Charges for Services 1,000 342.020 Fire Protection Services 38,000 342.030 Park Rental Fees 2,000 350.000 Fines & Forfeits 100 362.000 Interest Earnin s 25,000 395.000 Lease Payments 950 1999 FINAL BUDGET 410.100 General Government - Council 511.000 Wages - Regular Employees 11,400 522.000 FICA Contributions $72 526.000 Workers Compensation Insurance 200 533.900 Other Professional Contracted Services 5,000 552.000 Insurance Other than Employee Benefit 5,355 555.000 Printing & Publications 5,500 558.000 Travel 300 561.100 General Supplies 100 561.300 Training/Instruction 300 591.000 Dues & Subscri tions 3,000 599.300 Pledges/Contribution 1,000 1999 FINAL BUDGET 410.300 General Government - City Administrator Original 511.000 Wages - Regular Employees 37,080 521.000 Group Insurance 6,000 522.000 FICA Contributions 2,832 525.000 Deferred Comp - Employer Costs 1,918 526.000 Workers Compensation Insurance 150 552.000 Insurance Other than Em to ee Benefit 500 558.000 Travel 1,000 561.100 General Supplies 200 561.300 Training/Instruction 1,000 591.000 Dues & Subscriptions 250 744.000 Capital Outlay - Office 2,500 1999 FINAL BUDGET 410.300 General Government - City Administrator Option #1 511.000 Wages - Regular Employees 45,000 521.000 Group Insurance 5,800 522.000 FICA Contributions 3,443 523.000 PERA Contributions 2,331 526.000 Workers Compensation Insurance 200 552.000 Insurance Other than Employee Benefit 500 558.000 Travel 750 561.100 General Supplies 200 561.300 Training/Instruction 500 591.000 Dues & Subscriptions 100 744.000 Capital Outlay - Office 2,500 1999 FINAL BUDGET 410.400 General Government - City Clerk/Treasurer Original 511.000 Wages - Regular Employees 36,400 512.000 Wages - Temporary Employees 4,000 513.000 Wages - Overtime 500 521.000 Group Insurance 5,650 522.000 FICA Contributions 3,130 523.000 PERA Contributions 1,910 526.000 Workers Compensation Insurance 250 533.300 Accounting 2,500 533.400 Auditing Services 7,000 533.700 Copy Machine Maintenance 1,000 543.100 Repairs/Maintenance - Equipment 500 544.200 ui merit Rental 1,000 552.000 Insurance Other than Employee Benefit 3,150 558.000 Travel 500 561.100 General Supplies 3,300 561.300 TminingAnstruction 300 561.400 Postage 1,200 574.300 Capital Outlay - Furniture 200 591.000 IDues & Subscriptions 50 744.000 1 Capital Outlay - Office 2,000 1999 FINAL BUDGET 410.400 General Government - City Clerk/Treasurer Option #1 511.000 Wages - Regular Employees 31,200 512.000 Wages - TeMprary Employees 513.000 Wages - Overtime 521.000 Group Insurance 522.000 FICA Contributions 523.000 PERA Contributions 526.000 Workers Compensation Insurance 533.300 Accounting 2,500 533.400 Auditing Services 7,000 533.700 Copy Machine Maintenance 1,000 543.100 Repairs/Maintenance - Equipment 500 544.200 Equipment Rental 1,000 552.000 Insurance Other than Employee Benefit 3,150 558.000 Travel 500 561.100 General Supplies 3,300 561.300 Trainin ction 300 561.400 Postage 1,200 574.300 Capital Outlay - Funuture 200 591.000 Dues & Subscriptions 50 744.000 Capital Outlay - Office 2,000 1999 FINAL BUDGET 410.400 General Government - City Clerk/Treasurer Option #2 511.000 Wages - Regular Employees 22,880 512.000 Wages - Temporary Employees 513.000 Wages - Overtime 521.000 Group Insurance 5,650 522.000 FICA Contributions 1,750 523.000 PERA Contributions 1,185 526.000 Workers Compensation Insurance 150 533.300 Accounting 2,500 533.400 Auditing Services 7,000 533.700 Copy Machine Maintenance 1,000 543.100 Repairs/Maintenance - Equipment 500 544.200 ui ment Rental 1,000 552.000 Insurance Other than Employee Benefit 3,150 558.000 Travel 500 561.100 General Supplies 3,300 561.300 TramingtInstruction 300 561.400 Postage 1,200 574.300 Capital Outlay - Furniture 200 591.000 Dues & Subscrilion 50 744.000 Capital Outlay - Office 2,000 1999 FINAL BUDGET 1 410.550 General Government - Assessing 1 531.110 lAssessing Contract Services 1999 FINAL BUDGET 1 410.600 General Government - City Attornev 533.500 ILegal Services 1 15 1999 FINAL BUDGET 410.700 General Government City Engineer 533.100 lEngineeringServices 20,000 1999 FINAL BUDGET 410.800 General Government - Economic Development Authority 511.000 Wages - Re ar Employees 480 522.000 FICA Contributions 37 558.000 Travel 100 561.100 General Supplies 100 561.300 Training/Instruction 100 599.100 ITIF Local Contribution 5,000 1999 FINAL BUDGET 410.910 General Government - Planning & Zoning Original 511.000 Wages - Regular Employees 1,200 522.000 FICA Contributions 92 533.600 Planner 12,000 558.000 Travel 500 561.100 lGenend Supplies 1 200 561.300 iTminingdnstruction 1 500 1999 FINAL BUDGET 410.910 General Government - Planning & Zoning Option #1 511.000 Wages - Regular Employees 1,200 515.000 Wages - Zoning Administrator 15,600 522.000 FICA Contributions 1,193 533.600 Planner 6,000 558.000 Travel 500 561.100 General Supplies 200 561.300 Training/Instruction 500 1999 FINAL BUDGET 410.920 General Government - Buildings & Plant 542.000 Refuse Disposal 600 543.100 Re aintenance - Equipment 500 543.200 Re airs/Maintenance - Buildings 4,000 552.000 Insurance Other than Employee Benefit 3,780 553.000 Telephone 2,500 561.100 General Supplies 1,200 562.100 Natural Gas 1,500 562.200 Electricity 2,500 572.000 Capital Outlay - Buildings 1,000 573.000 Capital Outlay - Non -Buildings 1,000 574.100 Capital Outlay - MachinesT4uipment 500 574.300 Capital Outla - Furniture 1,000 599.000 iNscellaneous 500 1999 FINAL BUDGET 1 421.000 Public Safetv - Police 531.200 fPolic( Contract Service 1 107,310 1999 FINAL BUDGET 422.000 Public Safety - Fire 510.200 Wages - Fire Chief 1,000 510.300 Wages - Assistant Fire Chief 500 510.400 Training Reimbursement 9,000 510.500 Medical Traming 2,500 512.000 Wages - Fire Calls 9,450 524.000 Pension Fund Contributions 15,266 526.000 Workers Compensation Insurance 3,000 529.001 Physicals C00 529.100 Tminin truction 4,000 529.200 EMT Training 800 529.300 First Responders Training 1,050 533.410 Audit - Firemen's Relief Association 1,260 543.100 Repairs/Maintenance - Equipment 1,500 553.000 Telephone 600 558.000 Travel 1,500 561.100 General Supplies 3,000 562.100 Natural Gas 1,400 562.200 Electricity 900 562.600 Gasoline & Oil 800 572.000 Capital Outla - Buildings 30,000 574.110 Capital Outlay - Hose 1,500 574.120 Capital Outlay - Turnout Gear 2,500 574.130 Capital Outlay - Air Packs 2,600 574.140 Capital Outla - Pagers 1,000 574.150 Capital Outlay - Tools 1,000 574.200 Capital Outlay - Vehicles 30,000 591.000 Dues & Subscriptions 200 1999 FINAL BUDGET �_ 427.000 Public Safety - Animal Control 535.100 1Contracted Services 1999 FINAL BUDGET 431.000 Public Works - Highways, Streets 511.000 Wages - Re ar Employees 33,135 512.000 Wages - Temporary Employees 2,000 513.000 Wages - Overtime 500 521.000 Group Insurance 5,650 522.000 FICA Contributions 2,726 523.000 PERA Contributions 1,846 526.000 Workers Compensation Insurance 2,470 527.000 Uniform Service 750 543.100 Repairs/Maintenance - Equipment 9,000 543.200 Repairs/Maintenance - Paved Roads 3,000 543.310 Ice Removal 3,000 543.320 Snow Plowing 6,500 543.330 Sand & Gravel 700 543.340 Seal Coating 8,000 543.360 Street Sweeping 3,500 543.400 Repairs/Maintenance - Unpaved Roads 6,000 543.500 Repairs/Maintenance - Sidewalks 5,000 543.600 Repairs/Maintenance - Catch Basins 3,000 553.000 Telephone 750 558.000 Travel 100 561.100 General Supplies 2,800 561.300 Training/Instruction 750 562.100 Natural Gas 900 562.200 Electricity 275 562.600 Gas & Oil 3,500 572.000 Capital Outlay - Buildings 15,000 574.111 Capital Outlay - Tractor/Loader 5,000 574.170 Street Overla ent 50,000 574.180 Street Signs 500 574.211 Capital Outlay - Mower 3,000 574.311 Capital Outlay - Pickup 7,000 1999 FINAL BUDGET 431.000 Public Works - Highways, Streets Page 2 574.411 Capital Outlay - Snow Plow 15,000 574.511 Capital Outlay - Miscellaneous Equipment 2,500 1591.000 Dues & Subscriptions 250 1999 FINAL BUDGET 1 431.600 Public Works - Street Lighting 562.200 1999 FINAL BUDGET 1999 FINAL BUDGET 451.000 Parks & Recreation Original 511.000 N Wages - Regular Employees 30,888 513.000 Wages - Overtime 500 521.000 Group Insurance 5,800 522.000 FICA Contributions 2,362 523.000 PERA Contributions 1,600 526.000 Workers Compensation Insurance 2,470 527.000 Uniform Service 750 542.000 Refuse Disposal 600 543.100 Repairs/Maintenance - Equipment 3,000 543.200 Repairs/Maintenance - Buildings 1,000 544.200 Eqxnpment Rental 2,500 552.000 Insurance Other than Employee Benefit 3,465 553.004 Telephone 700 558.000 Travel 200 561.100 General Supplies 2,000 561.300 Training/Instruction 200 562.100 Natural Gas 1,500 562.200 Electricity 2,700 562.600 Gasoline & Oil 250 572.000 Capital Outlay - Buildings 1,000 573.000 Ca pital Outlay - Non-Buildin s 9,500 0 Ca ital Outla - Machine xu ment 20,000 E'0 0 Special Assessments - City Property 3,800 1999 FINAL BUDGET 451.000 Parks & Recreation Option #1 511.000 Wages - Regular Employees 33,280 513.000 Wages - Overtime 500 521.000 Group Insurance 5,800 522.000 FICA Contributions 2,546 523.000 PERA Contributions 1,724 526.000 Workers Compensation Insurance 2,600 527.000 Uniform Service 750 542.000 Refuse Disposal 600 543.100 Repairs/Maintenance - Equipment 3,000 543.200 Repairs/Maintenance - Buildings 1,000 544.200 Equipment Rental 2,500 552.000 Insurance Other than Employee Benefit 3,465 553.000 Telephone 700 558.000 Travel 200 561.100 General Supplies 2,000 561.300 Tramin truction 200 562.100 Natural Gas 1,500 562.200 Electricity 2,700 562.600 Gasoline & Oil 250 572.000 Capital Outlay - Buildings 1,000 573.000 Capital Outlay - Non -Buildings 9,500 574.100 Capital Outlay - Machines/Equipment 20,000 599.200 1 Special Assessments - City Property 3,800 1999 FINAL BUDGET 455.000 Culture & Recreation 595.000 Friendly Chy Days 4,250 597.000 Ice Arena funding 15,000 599.300 1 Pledges & Contributions 750 1999 FINAL BUDGET 490.000 Working Capital 590.000 Working Capital Reserves 75,000 590.100 C ital Projects 40,000