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1999-06-07 CC Packet
r y ALBERTVILLE CITY COUNCIL AGENDA June 7, 1999 7:00 PM CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES • May 17, 1999, regular City Council Meeting 3. CITIZEN FORUM — Rio Minute Limit) 4. CONSENT AGENDA (a) Approve payment of Check #'s 11820 - 11853 (b) Monthly Operations Report (April 1999) (c) Approve 3.2 Malt Liquor License for the Albertville Jaycees at City Park on June I I'h, 12th, and 13th (d) Approve 3.2 Malt Liquor License for the Albertville Jaycees at St. Albert's Parish Center on June 12th from 6:00 PM to 12:30 AM (e) Approve 3.2 Malt Liquor License for the Albertville Lions at City Park on June l lth, 12th, and 13th (f) Approve permit for Albertville Friendly City Days Committee to shoot and display fireworks on June 11 at 10:00 PM at City Park 5. SPECIAL ORDER 3 Public Hearing on County Road 19 Improvements (a) Resolution #1999- 23 (Resolution Ordering County Road 19 Improvements) 6. DEPARTMENT BUSINESS a. Public Works • Report b. 14kgineering 3 (1) Fire Station Site Plan & Plat (2) 1999 Street Overlay Project (3) Albertville Crossings s' • Resolution # 1999-25 (A Resolution Making a Negative Declaration on the Need for an Environmental Impact Statement for the Albertville Crossings Project) • Approve Wetland Fill Permit 3 (4) Report on tree replacement for Thomas Felker ,3 (5) Sewe Hookup — David & Bridget Falbo 6- /�U d. Legal (1) Fraser Steel mortgage issue (2) Recommendation for the Issuance of $1,760,000 General Obligation 3 Bonds, Series 1999A • Resolution #1999- 24 (Reimbursing Resolution) e. Administration U 3 (1) Dan Berning (Ziegler Construction) request to allow start of home ` construction in Psyk's 7`h Addition prior to installation of curb & gutter (2) Citizen request for stop sign at 57`h Street and Lake Avenue intersection (3) Cooperative Agreement 99-04 (Highway Improvements Associated with Outlet Mall Development) (4) American Red Cross — Statement of Understanding (5) Request from Albertville Primary School for contribution toward playground equipment purchase g� 6. ADJOURNMENT F� ALBERTVILLE CITY COUNCIL May 17, 1999 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Duane Berning, Patti Stalberger and John Vetsch, City Administrator -Clerk Linda Goeb, City Attorney Mike Couri, and City Engineer Peter Carlson Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended by adding Item 6b(5) Oakside Park. Gundersen made a motion to adopt the agenda as amended. Berning seconded the motion. All voted aye. Stalberger made a motion to approve the minutes of the May 3, 1999, minutes as presented. Gundersen seconded the motion. All voted aye. Berning made a motion to approve the minutes of the May 10, 1999, Board of Review meeting as presented. Gundersen seconded the motion. All voted aye. Mayor Olson asked if anyone present would like to address the Council under the Citizen Forum portion of the agenda. Tom Felker addressed the Council and stated he was dissatisfied with the Council's offer to reimburse him for only $300 for trees damaged when the Greenhaven Drainage Project was constructed. He feels his request for $750 in damages was less than he deserved for the time and work spent moving shrubs and trees. The Council directed City Engineer Peter Carlson to research the project and the item will be placed on the June 7`h agenda for reconsideration. Approval of the March WWTF Monthly Operations Report and Amendment Two to the Agreement for Operations, Maintenance and Management Services were removed from the Consent Agenda and placed for consideration under Administration Items 3 and 4. Gundersen made a motion to approve Check Ws 11751 — 11794 as presented. Stalberger seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL May 17,1999 Page 2 of 5 Gundersen made a motion to approve the Financial Statement for April as presented. Stalberger seconded the motion. All voted aye. Mayor Olson opened the public hearing on the 62nd Street Improvement Project. City Engineer Pete Carlson reviewed the revised Feasibility for the 62nd Street Project with the Council and the audience. Total project cost for street, sanitary sewer and watermain is estimated at $440,928.60. The street will be constructed at 9-ton standards and will be 36' wide back of curb to back of curb. Arnold Ergen, owner of Metro Underground, said that he is opposed to the proposed street assessment on his property. Ed Hackenmueller reminded the Council that he had approached the Council many times about improving the gravel road in front of his business. He was told he would have to pay for the improvement on his own, which he did. He stated he is satisfied with the existing street in front of his property and doesn't want to be assessed for the overlayment and curb. He also stated he has petitioned for the water to be extended to his property. There were no other comments from the audience. Berning made a motion to close the public hearing on the 62nd Street Improvements at 7:45 P Gundersen seconded the motion. All voted aye. The Council iscussed the proposed City assessment. Berning pointed out that the City should be assessed for any portion of the water main extension costs along 62nd Street, even though the City has agreed to be assessed for the south half of the street. The Council concurred that the costs of the watermain on 62nd Street would be borne by the abutting property owners. Gundersen made a motion to adopt RESOLUTION #1999-21 titled RESOLUTION ACCEPTING PETITION TO CONSTRUCT 62ND STREET IMPROVEMENTS. Vetsch seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL May 17,1999 Page 3 of 5 Vetsch made a motion to adopt RESOSBILITY LUTN 9 STUDY 1 titled RESOLUTION ACCEPTING AMENDED FEASIBILITY Gundersen seconded the motion. All voted aye. Berning made a motion �o adopt RESO pVEMENTS #199 Gundersen -22 titled RESOLUTION ORDERING 62 STREET IMPR seconded the motion. All voted aye. The Council accepted the Public Works Department International snowplow fo artm r7sale for uimOnt explained that the City of Rockford has a 1979 In $7,500. Its engine has been replaced with a new engine box host arm, newt utch, miles on it. It has had several other repairs, including a ne new starter, two new batteries, and a new rear � s n ow truck, it could be used as lained that even though the snowplow is the same year as the C ty p a back up, or an additional plow if a driver is available. Tim has looked at the truck but has not driven the vehicle. Stalberger made a motion to purchase the snowplow from the City of Rockford, pending Tim's driving the vehicle to determine how it functions. Gundersen seconded the motion. All voted aye. Tim explained that he had received three quoteas lightweight hconstruction o leanct to`o t a lean-to salt shed. Two of the three quotes are around $3 200.E oThe oter que is for a heavier seven -foot high roof and both are duty lean to with aten-foot roof and is $5, 440. This salt shed is designed to allow tin walls to be added at a later date. The additional height would make it easier to use the bobcat to load and unload. Gundersen made a motion to accept the quote for the Vetsch seconded the lean-to salt shed with the ten -foot roof at a cost of $5,440 motion. All voted aye. Duane Day discussed the low bid from ShingobeWf for the also bid.construction The bid to the fire hall. Their base bid is $674,000. Two alternates were add a sprinkler system is $15,400. Bids for two additional inches of roof insulation is $7,500 and for four additional inches of roof insulation is $15,000. ALBERTVILLE CITY COUNCIL May 17,1999 Page 4 of 5 Day recommends the City Council accept the base bid from Shingobee for $674,000, recommends the addition of the sprinkler system for $15,000 and recommends an additional two inches of roof insulation at $7,500. Vetsch made a motion to award the bid for the construction of the fire hall to Shingobee at a base bid price of $674,000, with the addition of the sprinkle system and two additional inches of roof insulation, contingent upon the lease - purchase not being subject to the levy limit requirements. Gundersen seconded the motion. All voted aye. City Engineer Pete Carlson told the Council that the site plan improvement cost for the fire hall site, including grading, utility work and the parking lot, is estimated at $90,000. Carlson will present a quote for the preparation of the preliminary and final plat for the fire hall site at the next meeting. Paul Donna of Springsted, Inc. explained how the City can finance the fire hall through Lease Revenue Bonds and presented preliminary cost figures for a 15-year bond and a 20-year bond. Donna stated it takes approximately three months from the start of the bonding process to the time funds are released. Gundersen made a motion to authorize Springsted to proceed with arranging for a lease revenue bond to finance the construction of the fire hall with a 20-year term, callable after eight years. Stalberger seconded the motion. All voted aye. City Engineer Carlson questioned whether windbreaks should be included on the chain link fence around the new tennis courts to be built at Oakside Park. The Council concurred not to add the windbreaks at this time. City Attorney Couri presented the developer's agreement for GEM Business Park. The Council discussed the length of the assessment for the 62°d Street improvements. Vetsch made a motion to assess the project at a not -to - exceed fifteen years. Stalberger seconded the motion. All voted aye. Vetsch made a motion to approve the Developer's Agreement for GEM Business Park as discussed. Stalberger seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL May 17,1999 Page 5 of 5 The Council discussed what, if any, portion of the 20% of the tax increments generated from the GEM (approximately $78,000) will be used by the City off -site. Vetsch made a motion to turn back 100% of the tax increments to the developer, since the entire costs of the water main along the property will be assessed to the developer. Stalberger seconded the motion. All voted aye. The Council agreed to meet jointly with the City of St. Michael late in the fall. Dave Hinnecamp from Kern, DeWenter, Viere, presented the 1998 audit report to the Council. Olson made a motion to accept the 1998 Audit Report as presented. Berning seconded the motion. All voted aye. Kelly Browning from PSG clarified several questions from the Council concerning the WWTF Monthly Operations Report. The Council discussed Amendment Two to the Agreement for Operations, Maintenance and Management Services. The Council requested that Paragraph 2, 4.1 be changed to clarify that the contract charge for water services will be prorated from June Is'. Gundersen made a motion to adjourn at 9:50 PM. Berning seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, City Administrator a T CLAIMS FOR PAYMENT June 7, 1999 Check No. Vendor Purpose Amount 11820 AirTouch Cellular FD & PW Cell Phones $ 14.71 11821 Anoka Technical College Fire Department Tuition $ 526.00 11822 Davies Water Equipment Meters & Horns $ 8,153.23 11823 Delta Dental Group Insurance $ 170.40 11824 Denny's Small Engine Repair Tune Up Chain Saw $ 30.00 11825 Diversified Inspections Inspections $ 6,590.85 11826 DJ's Total Home Care Monthly Charges $ 553.59 11827 CarQuest Monthly Charges $ 70.24 11828 Fehn Gravel & Excavating Payment #1 - 57th Street $ 90,948.30 11829 Larson Publications May Legals $ 362.00 11830 LMC Clerk's Orientition - Bridget $ 140.00 11831 Lyle Nagel Co. Update Dj's Appraisal $ 1,500.00 11832 Medica Group Insurance $ 2,104.16 11833 Menards Fire Dept. Supplies $ 193.68 11834 MinnComm Pager Service $ 51.76 11835 Minnegasco Monthly Serivice $ 58.89 11836 Minnesota Copy Systems Copy Usage $ 132.79 11837 Monticello Animal Control May pickups $ 36.00 11838 City of Monticello April & May Charges $ 372.00 11839 NCPERS Life Insurance $ 12.00 11840 Northern Tool & Equipment PW Supplies $ 75.57 11841 NAC, Inc. Planning SErvices $ 680.72 11842 City of Otsego Shared Road Maintenance $ 1,734.00 11843 Pats 66 Monthly Charges $ 68.36 11844 Pitney -Bowes Postage Machine Lease $ 287.45 11845 Schulte's Greenhouse City Hall Landscaping $ 168.73 11846 SEH/RCM Fire Hall Architecture $ 9,146.96 11847 Simonson Lumber Supplies $ 13.17 11848 Sprint Long Distamce $ 30.82 11849 Sprint-UTS Monthly Serivice $ 325.64 r CLAIMS FOR PAYMENT June 7,1999 11850 Weber Oil Diesel Fuel $ 50.47 11851 Wr. Co. Highway Dept Cold Mix $ 109.67 11852 Wr. Co. Treasurer Assessment Contract Fees $ 9,058.00 11853 Wright Hennepin Greenhaven Street Lights $ 44.22 Total Bills $ 133,814.38 �6 Albertville Wastewater Treatment Facility AQUA ALUAM Monthly Overations Resort Apri11999 Submitted Kelly Wing Project Manager Date: Ce ��„_ Albertville met all of its NPDES permit requirenieuts for the month of April 1999. Average Whow How was 0.249 MOD and average effluent biochemical oxygen demand was a 1 mg/L Average effluent total suspended solid was 30 7 ngA, higher than normal clue to algae blocs. Effluent phosphorous was 0.2 n%4 and fail coliform geometric mean was 10 MPN1100ml. Contract laboratories were changed due to pool' QA/QC data on dupbcates and poor reporting of results. A 29% difference in ftficates is . Moreover, with sampling and moons with MPCA conVianoe staff the pbosphorous results received form the laboratory were not possfle. All numbers were reported with footnotes as required by the Agency. Ahem feed rates were increased to pi+epare for Spring pmd turnover. Continue to use degreasers in Drs lift station. Met with City =gmeers to dK=#Lv9 aeon- MPCA vished the punt, as well, far a routine visit. Rqx)tt is shodCity engineers rega ed a bypass of Pond 3 in preparation for next year's expansion. A letter from the MPCA au&mized this with =MoaL This letter is also attached. We will Nor be bypassing until sampling results are received back from the laboratory on the Pond 2 effluent, and provisions s can be made to maintain compliance. A letter from MPCA was received requesting that we resume monitoring of Mud Lake inflow and outflow. The discussion with Mr. Wedhmd previously did help in cat we were able to eliminate seemingly useless monitoring of the downstream waters. We were also able to modify the sampling locations and testing required to a more reasonable ptogsm than was previously required. Cleaned UV system bi-weekly. Cleaned ferric feed pump and imbed now wet end parts and pat into storage for season.. Put up new "No Trespassing" signs wound plant, Performed monthly pave maintenance worm orders. Serviced mower and deck Mowed plant and ditch Aerator failed Lower end oat replaced. Received new reflective outeramw for traffic work Letter Egon MPCA conommug went nvowtoft of Mod Labe. Letter fi+om MPCA MAWamS Pond 3 bypass. Folbw-up letter after MPCA inspectim of faality. Matt / Pubic Rdadons Several engineers towad the AftwA a Wastewater Facility fimm the City of Mayer. Operator Exam New York Milts towed the plant. we being maintainedbetwem PSG and City Hslt. frummidnpmnaemaUacbvtym&cbsdptyaw. lkfiamculnpoctdmmanBMApmlbdbpod in May. NPDES Discharge Monitadn$ Report MPCA Letter. Au6WftbfixuWWcfMndLdm MPCA Letter: Pond 3 bypass MPCA bqvxfim Repot DMIt ma's Leaftv Y Client Status Report ALOMMLLE WWTF LOADINGS Cm b" vwm i Tftps: Cwww volum a Tongem: AwF 0.1380 MGO Awa 307 0 1970 HW 0.1896 MGD HW 366 0 2240 Law- M1284 MOD LOW 248 0 1500 NOOK 0.3150 MGD 368 0 368 s FLOW 12 no % Ot TSS 12 no % Ot CSOD % w MOD AWW Dawan rW Lbe. P#4 DaMp MW Lbe. ^V. Oss oA 1995 Jan 0.151 384 483 240 302 Fab 0.143 285 339 194 219 Mr 0.164 288 394 191 201 Apr 0.177 99 145 92 136 May 0.172 274 392 148 212 Jun 0.163 232 315 133 181 Jul 0.152 222 281 154 195 Aug 0.174 288 418 136 197 Sap 0.165 234 322 100 138 Od 0.161 294 305 122 164 Nw 0.163 78 100 68 92 on 0.156 405 527 234 304 1996 Jon 0.161 0.105 51.61% 250 338 331 89A3% 175 235 195 52AM Fib 0.159 0.1636 WM% 433 571 350 9536% 178 235 190 53 21% Mwt 0.179 0.1651 5241% 312 406 356 96.79% 221 330 202 54.78% Apr 0.188 0.1660 5279% 336 527 388 105.43% 131 205 207 56.36% May 0.198 0.1082 5329% 388 641 409 111A5% 180 279 213 57.97% Jw► M203 &MS 34A#* 354 309 432 117.48% 151 258 219 59.57% .id 0.101 0.1723 54AM 248 333 437 118:65% 120 173 217 59AM Aug 0.141 MIM MA1% 558 656 456 124AM 179 210 216 56M% Sap 0.141 0.1675 SUM 625 735 491 133.48% 145 t71 221 60.11% Oct M163 MWT 53.43% 274 372 480 132 9% 144 196 224 % NOW 0.250 0.1749 NAM 244 509 523 1420t% 141 294 241 05.40% Doe 0.171 0.1782 55 oft 309 441 315 14UM 323 461 254 63 841& MY Jas 0.179 0.1777 56.40% 432 $45 $41 147.06% 160 260 256 69.70% Fab 0.183 0.1799 57A8% 225 343 522 141M% 148 229 256 GRAM Mer 0.196 0.1613 $7.5M 309 510 $28 142A2% 176 2" 252 88.61% Apt 0.182 0.1792 56A8% 238 322 509 139.21% 129 174 250 6721% Mwy 0.074 0.1666 53A0% 322 199 472 126.27% 160 99 235 03AM Jww 0.137 0.1633 51A M 244 279 445 121A1% 139 159 227 61.63% Oct 0.193 0.1659 52A7% 302 498 300 107.711A In 147 22i 60.12% NM 0.182 0.1003 50AM 305 800 404 100.77% 245 148 209 56.61% Doe 0.178 0.1608 51.00% 382 567 414 112.03% 193 149 183 497&* 1999 Jan 0.185 0:1613 51.22% 690 910 437 110.640A 306 150 173 47AM Fib 0.200 0.1628 SIAM 524 874 451 130.05% 184 151 167 45.37% Mar 0.235 0.1658 52AM 30t 708 497 135.12% 237 152 155 42.M Apr 0.259 0.1739 55.21% 301 00 525 142M% 259 153 154 41.75% May 0.196 OAW 58.44% 602 964 $00 160.36% WS 154 158 4300'K Jww 0.220 0.1910 60.93% 270 405 808 165.25% 250 155 156 42.91% A* 0.202 0.1955 6286% 178 300 596 16254% 114 156 152 41.30% Aug 0.225 0.20NO 84.109i 431 809 641 174.17% 372 167 152 41.17% Sept 0.221 02M 68.03% 378 697 073 182A6% 283 158 153 41.44% ad 0.215 0.2096 66.61% 276 405 674 183.16% 155 159 154 41.71% Nov 0.226 0.2137 67.83% 246 472 063 180.20% 176 160 155 41.96% am 0.206 0.2160 68.57% 497 654 687 186.76% 147 161 156 42.2M 1999 Jan 0.216 0.2186 69 39% 380 695 668 181.64% 120 162 157 42.53% Fab 0.220 0.2203 GDAM 540 901 678 164.2M 220 163 158 42.80% Mat 0.224 02193 69.63% 340 ON 612 18265% 236 164 159 43.07% Apr 0.249 0.2185 69.37% 456 947 697 189.37% 282 185 160 43.34% t dm* lowdw to meter out br aplrosn m 5975: Alb (612) 497 3384 Fax: (612) 497-3210 s+ # v The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- cation makes petition for a limited license as a "Bona Fide Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. 1. Name of Applicant• 2. Name and AdJdd ess of President and Secretary of Applicant: C J`, C..v� u1CyC iZ r4 v4'L8�7-TVX-"E R,> G T"t"LL �'Tsc %L ' Y7 L-/3t"71TVXT-Z 3. Purpose/for which funds derived will be used: 4. Date of activity: 5. Premises from which non -intoxicating malt liquor will be A 4 -�-"m�A �" mft4 A Aft 4-�- A fztW_'T-%jff-LLE ny� 6. Hours of operation: 91100 0-=34t>Am MCI.. 4e 7. Number of previous license obtained this calendar year: 8. Name, address, telephone number and position held with Club of person signing this application: -* �,gelee-,v&-iur-zct'7? Date: 4 Za Z2f Signat r Appli (s) U (612) 497 3384 Fax: (612) 497-3210 ifikm0 "Inn(* ;- The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- cation makes petition for a limited license as a "Bona Fide Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. 1. Name of Applicant: �Tlc 2. Name and Address of President and Secretary of Applicant: 3. Purpose for which funds derived will be used: 4. Date of activity: 5. Premises from which non -intoxicating malt liqu r will be dispensed on said late: _ � t")2Tdr►Z.tE p4a_zS14 I-C 6. Hours of operation: c:OC.>_P'-N 1 a� 30 r4•�`► . 7. Number of previous license obtained this calendar year: 22 S. Name, address, telephone number and position held with Club of person signing this application: LL r�e,e�E`NN-►uC"z�E'�2 Date: �- �y Signature Ap cant(s) r.i v_ : 0! 01, ♦r r i f; M � •+ c r 1' �#' za R Om:�'�:�� (612) 497-3384 Fax: (612) 497-3210 The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- cation manes petition for a limited license as a "Bona Fide Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. LZ'OAM 1. Name of Applicant ALACayn& AMN 2. Name and Address of President and Secretary of Applicant: Rq -& rzo7yn Un( itl L*8Q&& Aug- N, 953GQ C. c.ERay► !<AVC-A ca ry- Sr N L S 5 301 3. Purpose for which funds derived will be used: CnyMM4yV'I7� PRO 4. Date of activity: S—Ok,c. 11 _ 19 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: AL&Cm-nak C-t`'T'r PAAKS 6. Hours of operation: )v ucll4P,n-tat TUA C—lel-eAM- W43VNE 134 AM8'AO 7. Number of previous license obtained this calendar year: —�.— 8. Name, address, telephone number and position held with Club of person signing this application: -J4?, W& ems' &" Date: S•oZ�o-Q� Signature of Applicant(s) j . 4 PRECOCIOUS PYROTECHNICS, INC. RT. #1 BOX 117A 4420 - 278TH AVE. N.W. BELGRADE, MN 56312-9616 PERMIT TO POSSESS AND BUY FIREWORKS FOR DISPLAY OR ENTERTAINMENT PURPOSES. COUNTY STATE r/ t ey . DATE _ M., &' /1 " This pemut is issued to kaere v zc a:rr76A� C4 hers ...ter to shoot and display fireworks on the /iIf4l day of _ Ti..�.Z' a , 19 9 , at -o'clock P.M. 77ttit11i1il�Wf&&M K' * in said county, and state accordance Title By: Signature of Officer issuing permit. the law. 5 City of Albertville Notice of Public Dearing 1999 County Road 19 Improvements To Whom It May Concern: Notice is hereby given that the City Council of the City of Albertville, Wright County, Minnesota, will meet in the Council Chambers of the Albertville City Hall on Monday, June 7, 1999, at 7:15 PM, or as soon thereafter as possible, to consider the making of an improvement on County Road 19, pursuant to Minnesota Statutes 429.011 to 429.111. The area proposed to be assessed from such improvement is the property to be developed as the Minneapolis Outlet Mall abutting County Road 19 on the west side. The cost of the improvement is $$440,525 All persons desiring to be heard with reference to this proposed improvement are hereby requested to be present at said meeting to make their objections, if any, to said action. Linda Goeb City Clerk Published in the North Crow River News on May 24 and May 31, 1999. CITY OF ALBERTVILLE RESOLUTION # 19"-23 RESOLUTION ORDERING IWROVEMENT WHEREAS, the Albertville City Council has received a feasibility study for the improvement of Highway 19, including turn lanes, acceleration lanes, traffic signals, and median; and WHEREAS, notice of the public hearing held on June 7, 1999 was properly mailed and published according to the requirements of Minnesota Statutes Chapter 429; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: (1) Such improvement is hereby approved and ordered. (2) The City Engineer is hereby directed to prepare plans and specifications for said project. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 71b DAY OF JUNE, 1999. John Olson, Mayor ATTEST: Linda Goeb, City Clerk City of Albertville Zo a, TO: Mayor and City Council FROM: Tim Guimont, Public Works DATE: June 4, 1999 SUBJECT: PUBLIC WORKS DEPARTMENT REPORT • Snow Plow We drove the truck from Rockford and we decided to buy it. We will pick it up when Rockford has it ready. • Parrs All parks and grassy areas have been sprayed for weeds. • Friendly C IX PUs Everything is on schedule and getting done. We have sentence to serve workers coming in to work before or after the event. TG:bmm 6-7-WA- MEMOR� TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: May 27,1999 RE Fire Station Plat Albertville, Minnesota A-ALBEV 9910.04 We propose to prepare the preliminary and final plat for the Albertville Fire Station at our hourly rates not to exceed $4,000. Please call me if you have any questions. dJg GAa1bev v9lokortMy2%-".frm Short Eft i Hendrickson Inc. Oftw locate throughout the Upper Mwrest Equal Opportunity Employer We help you plan, design and achieve AW AAW jjFwS'H:XN ,Rt, Y 606 Frerft Avenue NE, P.O. Box Si, St Cloud, MN 1 320.2531000 800.346.6138 320.263. 1 OMOMPAV TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: June 1, 1999 RE: 1999 Street Overlay Albertville, Minnesota SEH-RCM No. A-ALBEV 9911.00 The attached exhibit shoves which streets are proposed to receive a bituminous overlay in 1999. These streets were patched a couple of years ago and should be overlaid at this time. As part of the overlay project, it is recommended that the remainder of the parking lot and driveways for the maintenance building be paved at this time. Various street patching; would be included with this project. These areas have been identified with Tim's assistance. The City Council budgeting $50,000 for this work. The proposed overlay and driveway paving is estimated at $40,000 and the street patching at $10,000. I would like to discuss this issue with the City Council at the June 7 meeting and to receive authorization to bid. If approved, I anticipate a bid opening Wednesday, June 23, 1999. Please call me if you have any questions. djg Enclosure c:w111a."..pa Short Elliott Hendrickson Inc. Offloes located throughout the Upper Micbmt Equal Opportu * Employer We help you plan, design, and achieve Yw I m O m a �L -(LA BEAUX - AVE.) WGHWAY NO. -9 a� M r�. rF .. 6b(3) CITY OF ALBERTVILLE RESOLUTION # 1999-25 A RESOLUTION MATING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR ALBERTVILLE CROSSING WHEREAS, the City Council of the City of Albertville has approved a Response to Comments and Findings of Fact on the Albertville Crossings Worksheet (EAW); and WHEREAS, the City Council has found the following: (1) The proposed development conforms to current comprehensive plans. (2) Environmental impacts are consistent with developments of this type. (3) Mitigation measures will be incorporated into the construction process. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Albertville, Wright County, Minnesota, finds that an Environmental Impact Statement (EIS) is not required for the Albertville Crossings. FURTHER, BE IT RESOLVED, the City of Albertville makes a Negative Declaration. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 7* DAY OF DUNE, 1"9. John Olson, Mayor ATTEST: Linda Goeb, City Clerk 6,6(31) CITY OF ALBERTVILLE RESOLUTION # 1999-26 A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR THE ALBERTVILLE CROSSING PROJECT TO FILL 1.17 ACRES OF WETLAND TO FACILITATE THE CONSTRUCTION OF A CITY STREET BE IT RESOLVED by the City Council of the City of Albertville, Minnesota, as follows: 1. That the City of Albertville is the Local Government Unit (ALGU-) responsible for making exemptions and approving replacement plans. 2. That the City of Albertville, by and through its City Council, sitting as the Local Government Unit (ALGU-), adopts the following finds of fact regarding the application by the City of Albertville to fill 1.17 acres of wetland to facilitate the construction of 57th Street, Lambert Avenue, and Lachmahn Avenue: That the application submitted to fill wetlands on the described site satisfies the Minnesota Wetland Conservation Act procedural guidelines for: 1. Pre -Application Communications (Minnesota Rules 8420.0510) 2. Sequencing (Minnesota Rules 8420.0520) 3. Replacement Plan Components (Minnesota Rules 8420.0530) 4. Wetland Replacement Standards (Minnesota Rules 8420.0550) 3. That the City of Albertville, as ALGU- has fully exercised its responsibilities in ensuring the compliance of the application with the described rules. In addition, it has satisfied application Notification Procedures (Minnesota Rules 8420.0230). ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 7TH DAY OF JUNE,1999. John Olson, Mayor ATTEST: Administrator/Clerk May 13, 1999 To: Mayor John Qison and Albertville City Council From: Bridget and David Falbo, 11661 50th Street NE We have a septic system which is riot working properly and we want to bring it up to the current code status required when selling a home. According to Steve from SP Testing (a designer of waste disposal systems), because of the close proximity of a wetlands and the day soils, he recommended we hook to the city sewer because the type of septic system that cal be built on our property would be labeled "experimentah and require constant monitoring. With this letter we are requesting the necessary permit to hook into the city sewer, however, there are some logistical problems with sewer hookup. The closest sanitary sewer is in 50th Street but does not abut our property. The problems with hooking to the sanitary sewer are that we would have to pipe over 500 feet to ;reach the sanitary sewer, there are already three separate hookups to this sanitary sewer and contractors have cited the difficulty of digging for a long distances right next to another sewer line. An alternative suggested by a sewer contractor would be to pump directly into our neighbor's tank, which pumps Into the sanitary sewer. My neighbor, Tom Becker, has agreed to this solution and we plan to finalize all the necessary legal work of recording the agreement and technicalities at the county on each abstract. We realize this may appear to be an unusual solution, however, it seems to be similar to agreements developers draw up in which homeowners share utilities or communal spate. For the city, it would keep 50th Street and the boulevard from ring dugup again and require less maintenance at the sanitary sewer by keeping the hookups to three rather than adding a fourth. In contacting city officials on this matter, the city attorney, Mike Couri, advised us on probable legal papers to sign with the city regarding future costs of sewer extension and disavowal of city responsibility in case of problems that develop on the private property regarding the sewer system, which we would be prepared to sign. The contractor we are working with will be happy to meet with any city officials at the site to answer any questions. We asked to be put on the June 7 agenda Thanks for your attention on this matter. 6d(z) Recommendations For City of Albertville, Minnesota $1,760,000 General Obligation Improvement Bonds, Series 1999A Presented to: Mayor John Olson Members, City Council Ms. Linda Goeb, Administrator City of Albertville 5975 Main Avenue NE Albertville, MN 55301 SPRINGSTED Public Finance Advisors Study No.: A0116132 SPRINGSTED Incorporated June 1, 1999 RECOMMENDATIONS Re: Recommendations for the Issuance of $1,760,000 General Obligation Improvement Bonds, Series 1999A Proceeds of the Bonds will be used to finance three improvement projects within the City. The projects are listed on page 4 of these recommendations. We recommend the following for the Bonds: 1. Action Requested 2. Sale ©ate and Time 3. Authority and Purpose 4. Principal Amount of Offering 5. Repayment Tenn 6. Source of Payments 7. Prepayment Provisions 8. Credit Rating Comments To establish the date and time of receiving bids and establish the terms and conditions of the offering. Tuesday, July 20, 1999 at 11:00 A.M., with award by the City Council at 5:30 P.M. on the same day. The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. The proceeds of the Bonds are being used to finance improvements within the City. $1,760,000 The Bonds will mature annually each February 1, 2001 through 2015. Interest will be payable semi-annually each February 1 and August 1, commencing August 1, 2000. The Bonds will be repaid from special assessments filed against benefited property and ad valorem tax levies. The City may elect on February 1, 2008, and on any day thereafter, to prepay Bonds due on or after February 1, 2009 at a price of par plus accrued interest. The Bonds will be sold without a credit rating. The cost of a rating is not expected to be recovered by significantly lower interest costs. 9. Federal Treasury Regulations Concerning Tax -Exempt Obligations (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, income expense that is allocable to carrying and acquiring tax-exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue City of Albertville, Minnesota June 1, 1999 (b) Rebate Requirements (c) Bona Fide Debt Service Fund more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified receive slightly lower interest rates than issues that are not bank qualified. We understand the City does not expect to issue more than $10 million in 1999, therefore the Bonds are designated as bank qualified. All tax-exempt issues are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate in both of these categories. For bond proceeds, an exemption exists if the City and its EDA issue less than $5 million in tax-exempt debt during a calendar year. The City and the EDA combined expect to issue less than $5 million in 1999, and this issue is therefore exempt from rebating arbitrage earnings on Bond proceeds to the U.S. Treasury. The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction or pay back excess investment earnings in the debt service fund to the federal government. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with cant' over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 the debt service of that year. (d) Economic Life The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. The economic life of the street improvements is 20 years. Therefore, the Bonds are within the economic life requirements. 10. Continuing Disclosure This issue is subject to the SEC's continuing disclosure requirements. These rules require the City to undertake an annual update of its Official Statement information and report any material events to the national repositories. Since the City has less than $10 million of debt outstanding, the SEC allows the City to choose between two methods of disclosure. Page 2 City of Albertville, Minnesota June 1, 1999 The first method, referred to as "limited disclosure," requires the City to identify a person who the public could contact to request information. This information is limited to that which the City customarily prepares and makes publicly available, as well as certain specified material events. The second method, known as "full disclosure," requires the City to file an annual report, including updated Official Statement information, with each of the four national information repositories. We recommend the City obligate itself to provide "limited disclosure", which is the minimum requirement at this time. We have provided a summary of the continuing disclosure requirements to City staff. 11. Attachments • Project Listing and Composition of Issue • Assessment Income Schedule • Debt Service Schedule • Terms of Proposal DISCUSSION Proceeds of the Bonds will be used to finance City improvement projects, including 57" Street, County Road 19, and Frontage Road Extensions. Attached on page 4 is a listing of the project costs as well as the issuance costs and underwriter's discount, resulting in an issue size of $1,760,000. Also detailed are the sources of funds for payment of debt service, which are special assessments, tax,levies, and trunk water funds. The projection of assessment income is shown on pages 5 and 6 of these recommendations. The City expects to file special assessments, totaling $1,434,483 of principal, on or about November 15, 1999. The assessments will be spread over a term of three, five, and 15 years with even annual principal payments and interest charged on the unpaid balance at a rate approximately 1.5% over the net interest rate on the Bonds. We have used an interest rate of 6.25% for structuring purposes. The debt service schedule for this issue is shown on page 7. Columns 1 through 6 show the years and amounts of principal and estimated interest due on the Bonds. Column 7 shows the 5% overlevy required by State statute. The overlevy is required by State Statute as a protection to the City and the bondholder in the event of delinquencies in the collection of special assessments for repayment of the Bonds. Column 8 shows the projection of assessment income developed on pages 5 and 6. The Bonds were structured to provide for an even net levy requirement (Column 9) after applying the assessment income. The average annual levy is expected to be approximately $35,000. Respectfully submitted, SP INGS%D Incorporated emc Page 3 City of Albertville, Minnesota G.O. improvement Bonds, Series 1999A Project Listing and Composition of issue Project 57th Street County Rd. 19 Frontage Road Totals Extension Project.Costs $926,575 $410,525 $449,111 $1,786,211 Less: Funds from Wright County Q (61,500) 0 (61,500) Net Proceeds Required $926,575 $349,025 $449,111 $1,724,711 Plus: Costs of Issuance 9,805 3,693 4,752 18,250 Underwriter's Discount 9,455 3,562 4,583 17,600 Rounding Factor 01) (111 1i 6) (561) Subtotal $18,958 $7,141 $9,189 $35,289 Total Financing Required 945 533 3561 58 300 1 760 000 Project Financing (pdnc/pa/ ailocadon): Special Assessment 879,203 356,166 199,114 1,434,483 Trunk Water Fund 0 0 172,152 172,152 Property Taxes 66,330 0 87,034 153,364 Total Sources 045,523 356 16 8 300 $1,760.000 Assessment Teens Term 3 years 5 years 15 years Interest Rate NIC + 1.5% NIC + 1.5% NIC + 1.5% Date Filed 11/15/99 11/15/99 11/15/99 First Collection 2000 2000 2000 Prepared by: Springsted incorporated (6/1/99) Page 4 TC)C)OOrrrNNNMM V w O ,.� 1 NG01AC9O1�d'rOptANtAOMO ti C ftf 1 MODONettAl`C- PtAr N c C! - - - I� d' et Cl) N V.-O C) C) 00 I- O to et at O pN (O� r 1 NNNNNNNrrrrrrrT 0 8 L C O L. to O 4)ul 4- . 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PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,760,000 CITY OF ALBERTVILLE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, July 20, 1999, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 5:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223-3002 to Springsted, Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated August 1, 1999, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2000. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2001 $375,000 2005 $105,000 2009 $35,000 2013 $40,000 2002 $395,000 2006 $ 35,000 2010 $40,000 2014 $45,000 2003 $390,000 2007 $ 35,000 2011 $40,000 2015 $45,000 2004 $105,000 2008 $ 35,000 2012 $40,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means` of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be Page 8 registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. - Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2008, and on any day thereafter, to prepay Bonds due on or after February 1, 2009. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various public improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $1,742,400 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $17,600, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporatedprior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made.Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a Page 9 single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non -substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no -litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE At the time of delivery of the Bonds, the City, as the obligated party, will not be obligated with respect to more than $10,000,000 of outstanding municipal securities, including the Bonds being offered hereby. In order to assist bidders in complying with SEC Rule 15c2-12, as amended, the City will enter into a Continuing Disclosure Certificate pursuant to which it will covenant to provide upon request certain financial information or operating data that is Page 10 4 , . customarily prepared and is publicly available and notices of certain material events to the limited extent required by SEC Rule 15c2-12(d)(2). The Continuing Disclosure Certificate will be set forth in the Official Statement. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by taw, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City- agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 70 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated June 7, 1999 BY ORDER OF THE CITY COUNCIL /s/ Linda Goeb City Administrator Page 11 I , , CITY OF ALBERTVILLE RESOLUTION # 1999-24 DECLARING THE OFFICIAL INTENT OF THE CITY OF ALBERTVILLE TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures, which may be financed temporarily from, sources other than bonds, and reimbursed from the proceeds of a bond; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE (THE "CITY") AS FOLLOWS: (1) The City reasonably intends to make expenditures for the project described in Exhibit A (the "Project"), and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in the maximum principal amount described in Exhibit A. (2) The City Clerk is authorized to designate appropriate additions to Exhibit A in circumstances where time is of the essence, and any such designation shall be reported to the City Council at the earliest practicable date and shall be filed with the official books and records of the City as provided in Section 3. (3) This resolution is intended to constitute a declaration of official intent for purposes of Treas. Reg. § 1.150-2 and any successor law, regulation, or ruling. APPROVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 7 b DAY OF DUNE, 1999. John Olson, Mayor ATTEST: Linda Goeb, City Clerk CITY OF ALBERTVILLE EX MIT A TO OFFICIAL INTENT RESOLUTION ADOPTED JUNE 791999 Date of Maximum Principal Declaration Description of Project Amount of Debt for Project June 7, 1999 1999 Improvement Projects: $ Wright County Highway 19 Improvement Project. WRIGHT COUNTY DEPARTMENT OF HIGHWAYS Wright County Public Works Building 1901 Highway 25 North Buffalo, Minnesota 55313 At. T.H. 25 and C.R. 138 Telephone (612)682-7383 Facsimile (612) 682-7313 May 21, 1999 Ms. Linda, Goeb, Administrator City of Albertville 5975 Main Ave. N.E., P.O. Box 9 Albertville, MN 55301 RE: Cooperative Agreement 99-04 Highway Improvements Associated with Outlet Mall Development Dear Ms. Goeb: VIRGIL G. HAWKINS. P.E. Assistant Highway Engineer 682-7387 RICHARD E. MARQUETrE Right of Way Agent 682,7386 Enclosed are two original agreements outlining funding and responsibilities between the City of Albertville and Wright County for the above -mentioned project. This agreement has been approved by the Wright County Board. After your review and approval, please have both copies signed by city officials. Please return one of the fully -executed copies to me. The other copy is for the City of Albertville. Please do not hesitate to contact me if you have any questions on this agreement. Sincerely, *Wa,.ingals n hway E ineer Enclosures cc: Elmer Eichelberg, County Commissioner File Copy js Equal Opportunity / Affirmative Action Employer COOPERATIVE AGREEMENT NO.99-04 BETWEEN THE COUNTY OF WRIGHT AND THE CITY OF ALBERTVILLE FOR HIGHWAY IMPROVEMENTS ASSOCIATED W/ OUTLET MALL DEVELOPMENT IN THE CITY OF ALBERTVILLE COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into by and between the County of Wright, Minnesota, acting by and through its County Board of Commissioners, hereinafter referred to as the "County" and the City of Albertville, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". Albertville Factory Outlets, LLC. will hereinafter be referred to as the "Mall". WITNESSETH: WHEREAS, those portions of County State Aid Highways No. 19 and No. 37, within the limits of the City of Albertville and described as follows: CSAH 19 -From approximately 600 feet north of the proposed outlet mall access location, located north of I-94, through the intersection of CSAH 19 and CSAH 37, and the intersection of CSAH 37 and the I-94 westbound exit ramp. has been identified in the EAW report and by the County Highway Department as needing improvements associated with the Mall development project proposed within the City of Albertville, and WHEREAS, the County and City have met at previous Transportation Committee meetings and discussed the proposed improvements to CSAH 19 and CSAH 37 to accommodate the proposed Mall development, and WHEREAS, this cooperative agreement between the County and the City outlines the conditions, responsibilities and financial obligations in making the necessary improvements to CSAH 19, and CSAH 37. NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: 1. The County and City, by approval of this agreement, mutually agree that the City of Albertville will be responsible to make the necessary improvements to CSAH 19 due to the impact the Mall development will have on the County's highway system. 2. Access and Utility permits that are required for the proposed Mall development will not be processed until such time that this agreement has been completely executed between the City and the County. Open cutting of CSAH 19 will not be permitted unless the crossing locations are in areas that CSAH 19 will be re -graded (if that is the improvement option chosen by the City). 3. Geometric improvements to CSAH 19 will be required. Right -turn and left -turn lanes will need to be constructed at the proposed access location along CSAH 19. A raised concrete median, for channelization of traffic will need to be extended to the proposed access road, subject to review and approval from the Wright County Highway Department and in accordance with MnDOT state aid 10 ton highway standards. This work shall be completed prior to the opening of any portion of the new outlet mall. May 12, 1999 F:\DATA\WPWIN\AGREEMNT\19agree-99-04.wpd 2 4. Right-of-way acquisition that is necessary for the geometric improvements to CSAH 19 shall be the responsibility of the City. 5. A traffic control signal system, if it is determined to meet any of the signal warrants by the Wright County Highway Department within the next three (3) years of opening of the mall, shall be installed at the access road to the Mall & CSAH 19 by the City of Albertville, entirely at City expense. 6. A traffic control signal system, if it is determined to meet any of the signal warrants by the Wright County Highway Department in the future, shall be installed at the intersection of CSAH 37 and the I- 94 westbound exit ramp by the City of Albertville in accordance with the Wright County Traffic Signal Funding Participation Policy (a copy of which is attached to this agreement). 7. A traffic control signal system shall be installed at the intersection of CSAH 19 and CSAH 37 prior to the opening of the Mall. This signal system shall be installed by the City of Albertville and funded with a 50150 cost share, in accordance with the County funding policy (copy attached). Plans & specifications shall be prepared by the City in accordance with MnDOT state aid standards, and subject to the review and approval of Wright County and MnDOT. 8. The City shall indemnify, save and hold harmless the County and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the City, provided, however, that the City shall have no obligation to indemnify, save, and hold harmless the County with regard to any claims related to the design of the improvements to be constructed by the City pursuant to this agreement. The County shall indemnify, save and hold harmless the City and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the County. 9. It is further agreed that any and all full-time employees of the City and all other employees of the City engaged in the performance of any work or services required or provided for herein to be performed by the City shall be considered employees of the City only and not of the County. It is further agreed that any and all claims that may or might arise under Workman's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the City. Any and all full-time employees of the County and all other employees of the County engaged in the performance of any work or services required or provided for herein to be performed by the County shall be considered employees of the County only and not of the City. It is further agreed that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the County. May 12,1999 F:\DATA\WPWIN\AGREEMNnl9agree-99-04.wpd 3 r t r r Before this agreement shall become binding and effective, it shall be approved by the City Council of Albertville and it shall also be approved by the Wright County Board of Commissioners and such other officers as law may provide. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers and caused their respective seals to be hereunto fixed. COUNTY OF WRIGHT CITY OF ALBERTVILLE Recommended for ppr al: Recommended for Approval: Wright iar Wright County Coordinator Wright CourAS Attorney S'• /9' �9 Date City Engineer, City of Albertville Mayor, City of Albertville Clerk, City of Albertville City Attorney, City of Albertville Date May 12, 1999 F:\DATA\WPWIN\AGREEMNT\l9agree-99-04.wN 4 WRICHT COINTY TRAFFIC SIGNAL FUNDING PARTICIPATION POLICY (Involving County btate Aid Highways and County Roads) - County participation in Traffic Signal Projects in cities shall be in accordance with the following percentages. Percentages are based on the Local Share (The amount remaining after the Federal and State participation is deducted). Traffic SignalConstruction 50X Preliminary Engineering - 50% Construction Engineering 50% The city will be expected to fund the remaining portion of the.local share whether the agreement,is initiated by the State (Minnesota Department of Transportation) or Local Government (City or County). ' County participation in any traffic signal projects will be subject to the avail- ability of funds. F The County will not be responsible for certain maintenance provisions after sig- nal construction. These include painting, relamping and cleaning. of the signal system; street light maintenance; and power costs to operate the signal and street light systems,*which are all typically the responsibility of the City. The' State is generally responsible for the controller and hardware maintenance for signals involving state highways. i Q J Y Wright County Chapter P.O. Box 142 Buffalo, Minnesota 55313 May 29, 1999 Mr. David Lund City of Albertville 5975 Mian Ave. NE, P.O. Box 9 Albertville, Minnesota 55301 Dear Mr. Lund: The American Red Cross Wright County Chapter, would like to announce that it has reorganized and has initiated a Disaster Response Team (DAT) of seven people prepared to respona 24 hours a day. Additional members are also available; however, at this time are not fully trained. Training is an ongoing process for all members. The DAT members have completed training in accordance with the American Red Cross Standards for disaster response in the areas of first -aid, CPR, damage assessment, family services, mass care, shelter operations, and assistance to disaster response workers by providing food and water during relief operations. These services will be provided in the event of tornado, storm, flood, high-water, blizzard, fire, explosions, building collapse, transportation accident or other situation that causes human suffering or creates human needs that the victims cannot alleviate without assistance. Some DAT members will wear a red jacket with the Red Cross logo on the back. A nametag and the Red Cross insignia will be placed on the dash of the vehicle when responding to an emergency as identification for all responding DAT members. In the event of an emergency, please contact: Brenda Conzet, Captain— Pgr: (612) 606-9801 Home: (612) 6824994 Jenny Vergin, Co -Captain — Pgr: (612) 621-7678 Home: (612) 682-3376 To ensure a team effort in response to an emergency we are very willing to participate in any drills or training you feel is necessary. We hope you will give us this opportunity. Enclosed, you will also find a Statement of Understanding that we are required to have on file in accordance with the American Red Cross standards. Please review, sign, and forward to the Emergency Management Director for signature. Keep a copy for your records and remit the original copy to the American Red Cross Wright County Chapter, P.O. Box 142, Buffalo, Minnesota 55313. If there are any items that the City deems inappropriate, please note revisions and remit to the Chapter. The Statement of Understanding will be revised in accordance with your request. Again, on behalf of the Chapter I would like to thank you for your time and consideration. If you have any questions, please feel free to call me at (612) 684-0068. Sincerely, 0 Brenda Conzet Service Director The programs of the American Red Cross are made possible by the voluntary services andfinancial support of the American people 4 r ) . 1 STATEMENT OF UNDERSTANDING BETWEEN CITY OF ALBERTVILLE AND THE AMERICAN NATIONAL RED CROSS The following statement jointly prepared by representatives of the City of Albertville and the American National Red Cross is a guide, both in planning for and in the conduct of emergency operations necessitated by war or natural disasters. The objective is to make more effective cooperative efforts of both organizations during disaster operations and to prevent misunderstanding, confusion, or duplication of effort. 1. Responsibilities In Natural Disasters Definition of Natural Disaster: A National Disaster is the destruction and damage to property, injury and death to humans caused by windstorm, tornado, fire, flood, blizzard, explosions, building collapse, transportation accident, or other cataclysm of natural cause. B. American National Red Cross The American National Red Cross is the responsible agency for assistance to disaster victims during the emergency or mass care and the rehabilitation periods. 1. Mass Care includes: (a) Provision of food (b) Provisions of shelter (c) Provisions of clothing (d) Provision of welfare inquiries (e) Provision of transportation (f) Provision of food to emergency workers 2. Rehabilitation includes assistance to individual families by casework procedures on a basis of need for: (a) Food, clothing, d other maintenance (b) Building and re air (c) Household faun shings (d) Medical and n sing (e) Occupational s plies and equipment 3. The American Red Cross "ssts City of Albertville when lives are threatened in its responsibility of (a) Warning (b) Evacuation (c) Rescue II. Responsibility In a National Emergency Definition of a National Emergency: A National Emergency is a situation caused by enemy attack upon the United States resulting in crisis requiring extraordinary measures and so declared by the President or Congress. A. City of Albertville The responsibility for the development and execution of a plan of the City of Albertville for the protection of life and property in the United States has been designated by the Congress to be a joint responsibility of the federal government, the several states and their political subdivisions. Accordingly, during a national disaster City of Albertville: Statement of Understanding Page 2 I Will utilize all governmental and non -governmental organizations, including the Red Cross in carrying out this responsibility. A. American National Red Cross The American National Red Cross recognizes that in a national emergency the protection and care of families and individuals is a basic responsibility of government. In this connection, Red Cross Chapters have agreed to assist, to the extent of their ability in the development and operation of a program of City of Albertville on national, state and local levels. This assistance consists of: 1. Training City of Albertville workers and the general public first aid. 2. Training in home care of the sick and injured, and nurses aid activities. 3. Participation in a wartime nation-wide blood program. 4. Making available its existing organized chapter volunteers and resources for participation in City of Albertville activities. III. Coordination of Efforts A. City of Albertville and the Wright County Chapter of American Red Cross shall coordinate and cooperate in the use of their existing facilities, equipment and personnel in support of disaster operations. B. City of Albertville volunteer communications personnel shall be utilized by the Red Cross to maintain and operate two-way radio equipment. C. City of Albertville volunteers assigned to the Red Cross in natural disasters will serve under Red Cross direction. D. City of Albertville and Red Cross have a joint responsibility to keep the public fully informed concerning the disaster. Accordingly it is agreed that: I . Direct liaison between City of Albertville and Red Cross will be maintained during all natural disaster operations for the exchange of information concerning the activities of each.. 2. In a National Emergency, City of Albertville has the responsibility for dissemination of public information. IV. Planning and Trainine It is further agreed, that the names of trainees in City of Albertville functions will be furnished by the Red Cross to City of Albertville upon completion of this training. Survey of local mass care facilities shall be coordinated and kept current jointly by City of Albertville and American Red Cross representative who will be a member of the Wright County Fire Department's Advisory Committee, whose function would be to assist in the planning and organization needed to meet emergency demands following a natural disaster. V. This understanding, having been approved by the following is hereby made a part of the City of Albertville. Date: Date: City of Albertville Date: Emergency Management Director Wright County Chapter American National Red Cross 1NDEPENDFNT SCHOOL DISTRICT 46e V5 ",onSt, - pw May 25,1999 Dear City Council: The new addition to the Albertville Primary is nearly complete. However the addition occupies a large portion of our former play area. We have been trying to plan a new area of playground equipment, in addition to our current equipment. The area selected was the area in back of the Albertville Primary, directly north and on top of the hill over looking the ball field nearest the building. The total cost of the playground system is $37,840 (using wood chips rather than sand to make it ADA accessible). Currently, we have $18,000 in our fund raiser account and the school district will contribute $10,000. That leaves us $9,840 short of our goal. We could fund raise for tjhis in the fall but it would be nice to have it ready for the start of school. We know the community uses the ball fields in the summer and thus we wonder if the City of Albertville would be willing to contribute towards the project. We appreciate your consideration. Sincerely, Bernard Burke, Principal Albertville Primary District Office: 11343 50th Street N.E., Albertville, MN 55301 • Phone: (612) 497-3180 Fax: (612) 497-4955 Miracle Recreation of Minnesota, Inc. Park and Playground Equipment January 20, 1999 ALBERTVILLE PRIMARY SCHOOL ATTN: Mr. Bernard Burke 5386 Main Avenue NE Albertville, MN 55301 Dear Mr. Burke: Thank you for the opportunity to submit a quote for the new playground equipment for the children at the Albertville Primary School. The following is the Pricing for OPTION 2. Kid's Choice play system by Miracle Recreation 8 Seat Swing Set w/ 1-Ther., 1-360° Tot & 6- Belt Seats $ 22,700.00 Total Delivered Equipment Cost 00.00 $ 24,4 00.00 Installation of all above play equipment by Otto Landscaping $ 6,250.00 Excavation of play area w/ excess fill used on site 025 Sand delivered and Spread to a depth of 12" in la area 1,590.00 y Treated Timbers installed 2 High around play area3,90.00 Total Playground Project — 2 $37,470.00 Please allow 4-6 weeks for delivery of equipment. The above play system is ADA accessible but, additional resilient rubber surfacing paths should be installed to the transfer point and therapeutic swing seat. Please call me at 1(800) 677-5153 with any questions, comment or to place an order. on Sincerely, ipment �L J Webber Ir $gow u A �OCu� oco V, O.M v3 1 C V,0 AlNC N O r i �Q m T V1 - O a ^ Z. A fp ~ O m aro37 ao3 c ]-to �3] �7 u D c sw u 3 w w ul o a $ o n mO ] ] ]Qu, v bt ARV R ' R `fig •, ` �� '� i _ b IFS ......... ..... ... N3 .... ... ...... ........................ �•/ t w OeF 910.E POST M-735-°