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1999-11-01 CC PacketALBERTVILLE CITY COUNCIL AGENDA f ?F November 1, 1999 7:00 PM 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES • October 18, 1999, regular City Council Meeting 3. CITIZEN FORUM - (10 Minute Limit) 4. CONSENT AGENDA (a) Approval of Check #'s 12312 - 12365 (b) Resolution #1999-48 (A Resolution Amending the License and Fee Schedule for City Services (Resolution # 1998-20) (c) Approve Year 2000 Fire Protection Agreements • City of St. Michael - $20,809.22 • City of Otsego - $17,520.32 5. DEPARTMENT BUSINESS a. I� • Report b. Engineering • Project Updates c. Legal 1 (1) Approve proposed assessment rolls (� i. Resolution #1999-50 (57 h Street Project) ii. Resolution #1999-51 (62°a Street Project) iii. Resolution #1999-52 (CSAH 19 Project) (C (2) Resolution # 1999-53 (Resolution Providing for the Issuance of a $1,658,250 General Obligation Water Revenue Bond, Series 1999; and Approving a Joint Powers Financing Agreement and Authorizing Execution Thereof) d. .Administration! (1) Virgil & Kim Pouliot — Assessment Issue (2) Resolution # 1999-49 (A Resolution Appointing John Middendorf to the Position of Maintenance Worker II/Plant Operator) (3 ) Cons -der PremCiuinuO�ptions for Workers Comp Insurance 6. ADJOURNMENT �0 �I ri ALBERTVILLE CITY COUNCIL October 18, 1999 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Patti Stalberger, Duane Berning and John Vetsch, and City Administrator -Clerk Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended by removing Items 4c and 4d from the Consent Agenda and adding them as Items 5e(7) and 5e(8). Vetsch made a motion to approve the agenda as amended. Stalberger seconded the motion. All voted aye. The minutes of the October 4t' meeting were clarified on Page 4 by adding that the percentages of services will be re-evaluated if and when the communities are required to contribute to a Joint Powers deficit. Stalberger made a motion to approve the minutes of the October 4, 1999, meeting as amended. Berning seconded the motion. All voted aye. Mayor Olson asked if anyone present wished to address the Council. No one wished to address the Council. Gundersen made a motion to approve payment of Check No.'s 12258- 12297 as presented. Stalberger seconded the motion. All voted aye. Gundersen made a motion to adopt RESOLUTION #1999-46 titled RESOLUTION APPROVING CLASS B GAMBLING LICENSE FOR ALBERTVILLE JAYCEES TO SELL PULLTABS AT GEEZ' SPORTS BAR & GRILL. Stalberger seconded the motion. All voted aye. Gundersen made a motion to approve the Financial Statement for September 1999 as presented. Stalberger seconded the motion. All voted aye. Vetsch made a motion to approve the Public Works Department report. Stalberger seconded the motion. All voted aye. Brian Scherber addressed the Council to explain that he would like to place a 12' X 24' shed on his property on 57t' Street. City Administrator Goeb has told him that he must apply for a Conditional Use Permit for an oversized storage shed and that the application fee for the CUP is $650. He feels that the fee is excessive and wants the Council to reconsider the fee. ALBERTVILLE CITY COUNCIL October 18,1999 Page 2 of 4 The Council advised Scherber to talk to the zoning administrator to get his insight on the storage shed and his opinion on the likelihood of the Planning & Zoning Commission recommending approval of the request. The Council took no action on the fee schedule at this time. Stalberger made a motion to adopt ORDINANCE #1999-7 titled AN ORDINANCE AMENDING SECTION 200.2 (Definitions) AND SECTION 4200.2 (B-1, Neighborhood Low Intensity Business District, Permitted Uses) OF THE ALBERTVILLE ZONING ORDINANCE TO ALLOW PERSONAL SERVICES WITHIN BUSINESS ZONING DISTRICTS. Vetsch seconded the motion. All voted aye. Berning made a motion to adopt ORDINANCE #1999-8 titled AN ORDINANCE AMENDING SECTION 1000 (General Building and Performance Requirements) OF THE ALBERTVILLE ZONING ORDINANCE TO ALLOW TEMPORARY OUTDOOR SEASONAL SALES WITHIN BUSINESS ZONING DISTRICTS. Stalberger seconded the motion. All voted aye. City Administrator Goeb will draft a resolution establishing fees pertaining to these two ordinances for the Council to consider at the next meeting. Stalberger made a motion to adopt ORDINANCE #1999-9 titled AN ORDINANCE AMENDING SECTION 200.2 (Definitions) and 1000.6 (Fences) OF THE ALBERTVILLE ZONING ORDINANCE BY CHANGING THE DEFINITION AND PERMITTING INTERIOR YARD FENCES IN RESIDENTIAL DISTRICTS. Gundersen seconded the motion. All voted aye. Vetsch made a motion to table action on Ordinance # 1999-10 in order to review the Comprehensive Parks and Trails Plan in relation to the placement of sidewalks and trails. Berning seconded the motion. All voted aye. A Berning made a motion to table action on Ordinance # 1999-11 until the sidewalk issue is resolved. Stalberger seconded the motion. All voted aye. Berning made a motion to schedule a public hearing on November 23, 1999, at 6:00 PM for the purpose of the costs of the 57`h Street Project, the 62nd Street Improvement Project, and the CSAH Improvement Project. Stalberger seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL October 18, 1999 Page 3 of 4 The Council discussed the request from Westwood Professional Services to have the City's Comp Plan certified to the Environmental Quality Board. Currently within the City of Albertville, projects that contain 100 unattached units or 150 attached units must undertake an EAW process. If the Comp Plan is EQB certified, the threshold would increase to projects with 250 unattached units or 375 attached units. The Council concurred that the City will not certify the Comp Plan to the EQB. Heidi Peper, the new executive director of the Wright County Economic Development Partnership, gave a brief presentation on the current activities of the EDP. The Council reviewed the results of the PCA Annual Evaluation & Planning System Survey. The Council discussed the possibility of establishing a local police force at some point in the future. The City currently contracts eight hour a day police protection through the Wright County Sheriffs Department. With the mall opening soon, additional police time may be needed. It may become more cost-effective in the long run to operate a local police department at some point. Gundersen made a motion to authorize the Public Safety Committee to review the issue of contracting police protection vs. establishing a local police force. Berning seconded the motion. All voted aye. Councilmembers Stalberger and Vetsch updated the Council on the results of the Otsego Creek Authority meeting. Stalberger and Otsego member Wendel had walked the ditch and found several areas that require cleaning out. The Authority will attempt to get sentenced -to -serve labor for cleaning the ditch. The Council reviewed and discussed the proposed TIF Policy. Berning recommended that Section V. Maximum Subsidy be changed from a 15% maximum subsidy to a 25% maximum. The Council agreed. Berning made a motion to adopt the Tax Increment Financing Policy as discussed and the application form for financing assistance. Stalberger seconded the motion. All voted aye. Stalberger made a motion to approve RESOLUTION #1999-47 titled RESOLUTION INCREASING THE LEVY CERTIFICATION TAX RATE FOR YEAR 2000 PAYABLE TAXES. Gundersen seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL October 18, 1999 Page 4 of 4 Gundersen made a motion to approve Change Orders # 1 and #2 for the CSAH 19 Improvement Project. Berning seconded the motion. All voted aye. Gundersen made a motion to adjourn at 8:35 PM. Vetsch seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, City Administrator !_ 1. CLAIMS FOR PAY MENT November 1 1999 Check # vendor Purpose Amount 12312 Barthel, Albert Fire Calls $ 85.00 12313 Beming, Duane Fire Calls $ 154.00 12314 Beming, Gordy Fire Calls $ 14.00 12315 Beming, Greg Fire Calls $ 7.00 12316 Black, Scott Fire Calls $ 140.00 12317 Buffalo Bituminous Patch Watermain Breaks $ 2698.00 12318 Buffalo Bituminous Pay Request #1 - CSAH 19 $ 177,761.59 12319 Campbell, Joe Fire Calls $ 49.00 12320 Chicos, Chad Fire Calls $ 238.00 12321 Danko Emergency Equip F. D. Equipment $ 785.99 12322 Delta Dental Group Insurance $ 170.40 12323 Drewelow, Robert Fire Calls $ 182.00 12324 ESS Brothers & Sons Catch Basin Cover $ 135.26 12325 Fehn Excavating Payment #6 - 57th Street $ 83,195.95 12326_ Firstar Fiscal Agent Fees $ 1,000.00 12327 FundBalance Support $ 1,300.00 12328 Gaulrapp, Chris Fire Calls $ 98.00 12329 Gergen, John Fire Calls $ 119.00 12330 Gibson, Amy Fire Calls $ 112.00 12331 Gopher State One Call Locates $ 196.00 12332 H & L Mesabi Snow Plow Blades $ 227.62 12333 Heinen, Paul Fire Calls $ 105.00 12334 Kennedy & Graven TIF #7 $ 1,091.90 12335 Lewis Brian FireCalls Ca '203.00 12 336 Lon Steve Fire Calls 14 .0 9, $ 0 0 12337 Marquette, Bob Fire Calls $ 119.00 12338 Medico Group Insurance $ 2,150.54 12339 Mills, Tate Fire Calls $ 217.00 12340 MN Dept. of Revenue October State Taxes $ 308.00 CLAIMS FOR PAYMENT November 1,1999 - 12341 ` Monticello Animal Control September Animal Control $ 54.00 12342 Monticello, City of Aug & Sept Animal Control $ 396.00 12343 NCPERS Payroll Deduction $ 12.00 12344 North EMS Education EMT Refresher $ 180.00 12345 PERA 10/9 -10/22 Pay. Period $ 517.42 12346 Pitney Bowes Maintenance Contract $ 15900 12347 Pitney Bowes Lease $ 20.25 12348 Premier 94 Truck Repair Snow Plow $ 556.09 12349 PSG November WWTF Operations $ 8,157.83 12350 Randy Kramer Excavating Pay Request #3 $ 72,646.81 12351 Roden, Kenny Fire Calls $ 154.00' 12352 Roden, Kevin Fire Calls $ 161.00 12353 Security State Bank October Federal Taxes $ 2,756.10 12354 S.E.H. Engineering Services $ 79,712.15 12355 Sprint Long Distance $ 46.38 12356 Sprint-UTS Monthly Service $ 331.82 12357 Valerius, Bill Fire Calls $ 105.00 12358 Vetsch, Dave Fire Calls $ 91.00 12359 Wacker, Bob Fire Calls $ 70.00 12360 Wade, Chad Fire Calls $ 182.00 12361 Weber Oil Company Diesel Fuel $ 100.90 12362 Wr. Co. Assessor Fire Contract Allocations $ 12.00 12363 Wright Hennepin Electric Greenhaven Street Lights $1. 23.54 12364 Wulff, Brian Fire Calls $ 49.00 12365 Zachman, Kevin Fire Calls $ 56.00 Total $ 439,653.54` CITY OF ALBERTVILLE RESOLUTION # 1999-48 - A RESOLUTION AMENDING THE LICENSE AND FEE SCHEDULE FOR CITY SERVICES (RESOLUTION 1998-20) WHEREAS, the Albertville City Council is desirous of establishing license fees mandated by Ordinance # 1999-7 (Temporary Outdoor Sales) and Ordinance # 1999-8 (Personal Services) , and: WHEREAS, the Albertville City Council has determined that license fees shall be contained in the License and Fee Schedule for City Services (Resolution # 1998-20) in accordance with Ordinance # 1996-21 (An Ordinance Establishing a License and Fee Schedule for City Services). NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby amends Resolution # 1998-20 by adding the following under Licenses: Temporary Outdoor Sales License $100 Massage Enterprise License (Therapeutic & Shiatsu) $300 per year Massage Therapist License (Therapeutic & Shiatsu) $ 50 per year ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 1st DAY OF NOVEMBER,1999. John A. Olson, Mayor Linda Goeb, Administrator -Clerk r 4 C 1999 NET TAX CAPACITY FOR THE ALBERTVILLE FIRE DISTRICT 2000 CONTRACT YEAR CITY OF OTSEGO $356 539 CITY OF ST. MICHAEL $423,468 CITY OF ALBERTVILLE $1,950,966 _i TOTAL NET TAX CAPACITY $297309973 2000 FIRE BUDGET $1469457 2000 STATE FIRE AID (12,257) TOTAL COSTS ALLOCATED $134400 TAX PERCENT OF PORTION OF COST CAPACITY TOTAL VALUE ALLOCATED ALBERTVILLE $1,9509966 71.43% $959870.46 OTSEGO $3569539 13.06% $179520.32 ST. MICHAEL $4239468 15.51 % $209809.22 k F 2000 FD Budget 146,457.00 2000 Fire Aid 12,257.00 134,200.00 356,539.00 0.130553836 17,520.32 423,468.00 0.155061218 20,809.22 1,950,966.00 0.714384946 95,870.46 ALBERTVILLE FIRE DEPARTMENT Service Sections 1999 NET TAX CAPACITY CITY OF OTSEGO Part of 14-121-24 26-121-24 23-121-24 Part of 27-121-24 24-121-24 34-121-24 25-121-24 Part of 36-121-24 4 TOTAL NET TAX CAPACITY $254,281 30-121-23 31-121-23 32-121-23 33-121-23 TOTAL NET TAX CAPACITY $102,258 CITY OF ST MICHAEL 4-120-23 5-120-23 Part of 6-120-23 TOTAL NET TAX CAPACITY $423,468 CITY OF ALBERTVILLE TOTAL NET TAX CAPACITY $1,950,966 Equal Opportunity /A, frmative Action Employer C i, 2000 FIRE PROTECTION AGREEMENT WITH THE CITY OF OTSEGO This agreement made and entered into by and between the City of Albertville, a municipal corporation of the County of Wright in the State of Minnesota, and the City of Otsego, in the County of Wright in the State of Minnesota. WHEREAS, Otsego desires the services of the fire department of Albertville in case of fires occurring in Otsego, as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in St. Michael, and THEREFORE, it is agreed by and between said parties as follows: 1. Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in Otsego. Such fire protection and emergency medical response services shall be provided from January 1 through December 31, 2000. 2. Otsego shall agree to pay Albertville $17,520.32 in exchange for the provision of fire protection and emergency medical response services as described above. Payment due for the year 2000 shall be made in two installments of $8,760.16 on or before July 1, 2000, and $8,760.16 on or before December 31, 2000. 3. Albertville's_ obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are -.such that the fire/medical run cannot be made with reasonable safety to men and equipment, and the decision of the Fire Chief or his Deputy in charge shall be final in such matter, no obligation arises under this agreement on the part of the City of Albertville to answer such call. b. In the event that a sufficient amount of the fire fighting/medical equipment and the number of volunteer firemen, or both, are committed at the time of the fire call, in sole judgment of the Fire Chief or his Deputy, to fighting pre-existing fires or attending pre-existing medical emergencies, so as to render the available equipment and manpower inadequate to answer a fire t K 1. or medical call from Otsego, no obligation shall arise under this agreement to answer such call, and no person or party shall have recourse against the City of Albertville for refusal to answer such call. A pre-existing fire/medical emergency to which the fire department of Albertville is called previous to receiving the call from Otsego and which fire is still being fought or medical emergency is still being attended to by the Albertville Fire Department at the time the call from Otsego is received. c. In the event a fire call by Otsego is answered by Albertville, but before the fire in question is extinguished, the fire fighting equipment or volunteer firemen, or both, are needed to fight a fire In Albertville or protect property in Albertville from a fire, the Chief or his Deputy without liability therefore to any person or to Otsego under this agreement, may in their judgement recall the fire equipment and firemen to Albertville for the purpose of fighting the fire in Albertville. The judgement of the Fire Chief or his Deputy shall be final and no person or party shall have recourse against the City of Albertville for any damages or losses resulting from such action or decision. 4. The parties acknowledge the fact that Albertville may enter into similar contracts with other municipalities, and acknowledge that Albertville has entered into mutual aid contracts with other fire departments in other municipalities, and that a fire call under any such contract preceding a call in Otsego could be a valid and. reasonable basis for the decision of the Fire Chief or his Deputy in refusing to answer a fire call in Otsego. 5. Because the City of Albertville has heretofore entered into mutual assistance fire fighting agreements with other municipalities possessing fire fighting equipment and firemen, which equipment and firemen could be called by the Chief or his Deputy to a fire in Otsego, the City of Otsego agrees to pay such additional cost as may be incurred thereby if in the sole judgement of the Chief or his Deputy, such additional fire fighting equipment and firemen are needed to fight a fire in Otsego and are in fact called to such fire by die Chief or his Deputy. 2 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of ,1999. CITY OF ALBERTVILLE CITY OF OTSEGO By: By: John A. Olson, Mayor Larry Fournier, Mayor ATTEST: Linda Goeb, City Clerk Elaine Beatty, City Clerk 3 2000 FIRE PROTECTION AGREEMENT WITH THE CITY OF ST. MICHAEL This agreement made and entered into by and between the City of Albertville, a municipal corporation of the County of Wright in the State of Minnesota, and the City of St. Michael, a municipal corporation of the County of Wright in the State of Minnesota. WHEREAS, St. Michael desires the services of the fire department of Albertville in case of fires occurring in St. Michael, as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in St. Michael, and THEREFORE, it is agreed by and between said parties as follows: 1. Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in St. Michael. Such fire protection and emergency medical response services shall be provided from January 1 through December 31, 2000. 2. St. Michael shall agree to pay Albertville $20,809.22 in _ exchange for the provision of fire protection and emergency medical response services as described above. Payment due for the year 2000 shall be made in two installments of $10,404.61 on or before July 1, 2000, and $10,404.61 on or before December 31, 2000. 3. Albertville's obligation to provide fire protection service and emergency medical response shall be subject to the following: •: a. If road and weather conditions at the time of the call are such that the fire/medical run cannot be made with reasonable safety to men and equipment, and the decision of the Fire Chief or his Deputy in charge shall be final in such matter, no obligation arises under this agreement on the part of the City of Albertville to answer such call. b. In the event that a sufficient amount of the fire fighting/medical equipment and the number of volunteer firemen, or both, are committed at the time of the fire call, in sole judgment of the Fire Chief or his Deputy, to fighting t pre-existing fires or attending pre-existing medical emergencies, so as to render the available equipment and manpower inadequate to answer a fire or medical call from St. Michael no obligation shall arise under this agreement to answer such call, and no person or party shall have recourse against the City of Albertville for refusal to answer such call. A `pre existing fire/medical emergency to which the fire department of Albertville is called previous to receiving the call from St. Michael and which fire is still being fought or medical emergency is still being attended to by the Albertville Fire Department at the time the call from St. Michael is received. c. In the event a fire call by St. Michael is answered by Albertville, but before the fire in question is extinguished, the fire fighting equipment or volunteer firemen, or both, are needed to fight a fire in Albertville or protect property in Albertville from a fire, the Chief or his Deputy without liability therefore to any person or to St. Michael under this agreement, may in their judgement recall the fire equipment and firemen to Albertville for the purpose of fighting the fire in Albertville. The judgement of the Fire Chief or his Deputy shall be final and no person or party shall have recourse against the City of Albertville for any damages or losses resulting from such action or decision. 4. The parties acknowledge the fact that Albertville may enter into similar contracts with other municipalities, and acknowledge that Albertville has entered into mutual aid contracts with other fire departments in other municipalities, and that a fire call under any such contract preceding a call in St. Michael could be a valid and reasonable basis for the decision of the Fire Chief or his Deputy in refusing to answer a fire call in St. Michael. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of 91999 x• CITY OF ALBERTVILLE By: John A. Olson, Mayor ATTEST: Linda Goeb, Administrator CITY OF ST. MICHAEL By: Wayne Kessler, Mayor Robert Derus, Administrator 2 TO 07_ it T11U0 FROM: Tim Gui ont, Public Works DATE: October 29, 1999 SUBJECT; PUBLIC WORKS DEPARTME14T REPORT • The City has been waiting for y three (3) years for the developer to finish Westwind Park. Wed to finish it ourselves at a cost of $327.08 for materials and 27 man -hens and 14 Bobcat hours. Pete Carlson said we should be able to charge thijs back to the developer. The same thing goes with the ditch along Barthel industrial Drive. We shouldn't have had to redo that. We should sc a if we could charge the one back too. Oakside Park has been reseeded. If you recall, the first time it was dome the landscaper didn't trove any dirt, they just sprayed seed and mulch all over everything. The City has spent days out theme moving dirt, which they shouldn't have had to do. The landscaper (or ) was supposed to tell us when they were coming back so we could keep an eye on them. They didn't call and leave a memp When we found them there were just about finished. The job they did was a lot better 61 an the first time, but not as good as something we would have clone. s•, We also put erasion control along the slope �y the tennis courts, as it was not in their bid. C:vw D"W"N"Aw wads R "Wo I* -"A" s I ' CITYOFALBERTVILLE COUNTY OF WHT STATE OF IMUNN*SOTA RESOLUTION NOIi 1999-50 RESOLUTION FOR HEARING ON 1*0POSED ASSESSMMNT IM RELATING TO PROVEMEI' TS TO 57'M STREET I WHEREAS, the City of Albertville has caused: to be installed certain .itoprovements to 57' Street in the City of Alb +ille; and r WHEREAS, the City Administrator has notified the City Council that a preliminary spechd meat roll has been prqmed and filed in her office for public inspection. NOW THEREFORE, BE IT RESOLVED BV THE CITY COUNCIL OF THE THE +CITY'OF .ALBERTVILLE, MINNESOTA 1 The City Council hereby accepts the preliminary Iassessment roll as prepared. 2. A hearing shall be held on the 23' day of November, 1999, in the Albertville City Hall at 6:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The portion of the cost of such improvement to be paid by the City is hmby declared to be � f , yS and the portion of the cost to be assessed against cfittd owners is declared to be $ 4$�� 4. The City Clerk is hereby directed to cause a notice of the heariqg,71 on the pvb assessment to be published once in the official newspaper at lust two weeks pri+car o 60 hag, and she shall state in the notice the total cost of the improvement. she" . I also cause mailed notice to be given to the owner of each parcel: described in r the . assessment roll not less than two weeks prior to the hearing. 5. The owner of any property so assessed may, a any time prior to certification of the assessment to the county auditor pay the whole of the assessment on such p ' ty, with interest accrued to the date of payment, to the City Clerk except that no interests shall be charged if the entire assessment is paid within 34 days fnxn the adoption of the assessment. He may at any time thereafter, pay the Town Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in 1999 57th Satreott Impovement October 27, 1999 Albettville, Minnesota, A-ALBEV 9812.00 ASSESSMENT RATES Total Assess" Footage 57th Strest 3,740 LF Lambert Avenue J, LF Total 7,000 LF City Fire Station Footage 546.0 FT Assessment Rate ($963,162.75 - $233,638.40) + 7,000 LF — $104.22 / LF (Total Cost) (Grading) Assessable Footage) City Fire Station Assessment 546.0 LF $104221 LF $56,904.12 Assessment Rate for Remainder $104.22 / LF + Grading Cost dJ8 ON l' I WIS CD O M •••� v'i OC) t`+ of C� N r1 -+ t'� uM ILA S C1 OC M $ g oopa ell t-�pvV'1 :- Wb c3 ► en EM'- eq "64 en 64 d4 6+9 6/4 pp pp aC p S pp CV�1v�1 pp ep� G7a4G7 Co ea� h a GSvWi.O pp V1 4'1 O 41 Ei1 g V�9 1Q� M64 Va'► � � 6+4 ¢ pp �y p O��OppG? p p p N � s} �Ci N V1 �e ► 01 O R t+1 et y0 en en efl,' IN en en Irn o e CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.1999-51 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT RELATING TO IMPROVEMENTS TO 62ad STREET WHEREAS, the City of Albertville has caused to be installed certain improvements to 62'°d Street in the City of Albertville; and WHEREAS, the City Administrator has notified the City Council that a preliminary special assessment roll has been prepared and filed in her office for public inspection. NOWT REFORE BE IT RESOLVED BY THE CITY COUNT OF THE THE CITY OF ALBERTVILLE MINNESOTA: 1. The City Council hereby accepts the preliminary assessment roll as prepared. S 2. A he g shall be held on the 23'd day of November, 1999, in the Albertville City Hall at b p.m. to pass upon such proposed assessment and at such tune and place all persons owning property affected by such improvement will be given an opportunity to be heard with references to such assessment. 3. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ W. ) , and the portion of the cost to be assessed against benefited property owners is declared to be $ /2S_ p:K.oG .. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two ?mks prior to the hearing, and she shall state in the notice the total cost of the improvement. TShe shall . also cause mailed notice to be given to the owner of each parcel described in the assessmentroll not less than two weeks prior to the hearing. 5 The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor pay the whole of the assessment on such property, with ink accrued to the date of payment, to the. City Clerk except that no interests shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay the Town Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December mber 31 of the year in DA+�-� 6am� 9Em - ro 4 rn 0 c ic 9 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF hE1NNESOTA RESOLUTION NO.1999-32 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT RELATING TO B"ROVEMENTS TO WRIGHT COUNTY HIGHWAY 19 WHEREM% the City of Albertville has caused to be installed certain improvements to Wright County Highway 19; and WHEREAS, the City Administrator has notified the City Council that a preliminary special assessmentroll has be= prepared and filed in her office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE THE CITY OF ALBERTVILLE, MiNNESOTA: 1. The City Council hereby accepts the preliminary assessment roll as prepared. o 2. A hearing shall be held on the 23'd day of November, 1999, in the Albertville City Hall at 6-W ,p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ O and the portion of the cost to be assessed against benefited property owners is declared tobe $ 72294 372.. 4. The City Clerk is hereby direr to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice: to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 5. The owner of any property so assessed may, at :,any time prior to certification of the assessment to the county auditor pay the whole of the assessment on such property, with• interest accrued to the date of payment, to the City Clerk except that no interests shall be charged if the entire assessment is paid within 30 days from the adoption of the ass,essment. He may at any time thereafter, pay the Town Treasurer the entire amount of the asses remai ng unpaid, with interest accrued to December 31 of the year in 1999 CSAH 19h6provements October 27, 1999 Albertville, Minnesota A-ALBEV 9905.00 4ST SUMll9[AAIt'Y Construction..............................................................$310,720 Buue..............................................................58,000 Financing...................................................................13,157 Legal and Admi'ves......................................... 5.&0 Total.................................................................... $387,377 w. a9�-0wpe 10,(27/99 WED 15:17 FAX 6512241305 i llooAfinna" WbrM?)r Comer 30FOOMO S"Or Sx Pacei JW 55101-4901 (600) 95014666 (651) 291-3&V A Fax i 224-1305 X21CILLATIBI AJMCx--]Lq&V FAX MEMCI pnes lwhmft M is Pap 2 DATE: Odaber 27,19l9 ' TO: Mabee Co=i, C for Abertylk F 612-497-1930 Dam City A#srerey for HMOM F 612-9"79 Pali Advbcr fw Abwtvlk & r F 651-223-300 Lion Gwb, Cky of AbwtvMe F 6i2-497-3210 SMUM Year, Cky of Reserver F 612-497-1$73 FROM: VkkAslaw ft RR.- aant Power Water Broad of Albaertville, Rnuv,M ', di St Mici W JPWB '@Naar Revcaeae Boole of 1999s Suits (tbe, "JP'WB ") Cmiwagaf Sm05p Swiss 1999A bons bmd to St bbdmd 31 19998 bdn bad to AftftvBk S 3$11,7 Sae" 19W belag issued to Hamover City of St S%025,MGeasid ObVedift Water Revenne Bondr4 Suits 19" (tin "St Bonds De ivered to yw Way ftm Bqp & Morgan wu a4 Joint Powers Fps "A - Mid related nasal . Tba is naval uddparted: 1. November I -'The A*WM-b City CauaW aMoves the Arnwimt apt the Albertville Rmhtfim 2. Naves 2 — MW ;HOOM C* Caves WrOM the and the 1lmov'ar RMbJ ion. 3. NovaVJw 4 -- Tbo JP"91tS VPwM the AMMOA and the JPWB Rssotl ti - a. ' 4. Nov=ber 9 — B* at 11:00 AM at the offuxs of ar & A . Ioc. for the public Sib Of*e St, Mid>aei 5. Nmber 9 — 'na St. MkW City Council approves *v Avwmnt and the St. We hazel * the sale of ft k Michad Bands. 8xcapt fnr thenaumssod&Mkweesraaged to par mnount of the beads im►dwd, the md Hoover rasokAkw an ideatic al. AmwiW the recapt of awaptabb bids ca the boas can Nov+arcber 9, the bids =wt be amepted or rejected b� do SL Kxbad City Cvjwff ft wedpg of November 9. The blawt rya (a) recdvad on than St. wa be the 'mtwa most *a am wed for the JPWB Series A, Solos B. M d Series C boards. W27/99WED 15:18 FAX 65122+41305 QG02 Aibrn We ad Odobw 27,1949 Pop 2 i'hareixara, it iss sudd that the Albertville City COJWiL the HwGm City Cowes, and the 3PWB tam the &am had above pmar is the St. Amex mft Of we* vva *v" dw it mi& be qpmprm" hr the Abed and vm ice, it wao decided to tryto it by 4 . TlwcfteJWOWd each of you fa mdew dwidomsaft you mam farm & MOtPo and then aU ether st & MaWn (6514"20) or me (651-291-3=) Wi& you' Ms. aed-M& Verb ft %vuW be apirrwiWd tf yw wovid ' ' cams nc>, tlw Joint Powm g mW die above . dW to C* in fix you � mid em hr UM weab, .: I wM be pvscnt at ttoAibwWft meft aid NuUmaril be attho%now RtiA: xa ro:Geowsilumolk hum &Moody • & Mcqps F 651-223-6450 F 651-697-9555 Chia CMIA' i Ft L GIM F 651-644-9446 B PutF 612-497-4c9 i9 Kdky t EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA HELD: November 1, 1999 Pursuant ,to due call and notice thereof, a regular meeting of the City Council of the City of Albertville, Wright County, Minnesota, was duly held at the City Hall in said City on Monday, the 1" day of November, 1999, at o'clock :M., for the purposes in part, of authorizing the issuance of, and awarding the sale of,.a $1,658,250 General Obligation Water Revenue Bond, Series 1999 of the City. " The following members were present: and the following .were absent: Member, introduced the following resolution and move its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE OF A $1,658,250 GENERAL, OBLIGATION WATER REVENUE BOND, SERIES 1999; AND APPROVING A'JOINT POWERS FINANCING AGREEMENT AND AUTHORIZING EXECUTION THEREOF A. WHEREAS, the City of Albertville, Minnesota (the "City"), is a member of the Joint Powers Water Board of Albertville, Hanover, and St. Michael, Minnesota (the "Board") an organization of _political subdivisions of the State of Minnesota duly organised by an agreement (the "Joint Agreement") under Minnesota Statutes,, Section 471.59; and B. AREAS, pursuant to the terms of the Joint Agreement, the Bard is authorized to act as the contracting party for the construction and improvement of a water well., storage and distribution system (the "System"), which System will serve property in political subdivisions which are members of the Board; < and C. WHEREAS, the City has entered into an operating and authorization agreement (the "Reimbursement Agreement") by which the members of the Board undertake to make payments to the City for water service from the System within the City (the "City System"); and D. WHEREAS, it is proposed that the City enter into a. Joint Powers Financing Agreement (the "Financing Agreement") among it, the City of Hanover, Minnesota ("Hanover"), the Board, and the City of St. Michael, Minnesota ("St. Michael") under which $S,025,000 in iinahcing is provided for improvements (the "Improvements*) to the' System, through the issuance of (1) general obligation revenue bonds issued and delivered to St. Michael by the City and Hanover, (2) $5,025,000 in principal amount of, general obligation revenue bonds by St. Michael (the "St. Michael Bonds") and (3) $5,025,000 in principal amount of revenue bands by the Board (the "Revenue Bonds") and 3. :WHEREAS, the Joint Agreement and the Reimbursement Agreement Agreement are hereinafter collectively referred to as, the "Agreements"; and F. WHEREAS, to assist in providing financing for the Improvements,the City Council has heretofore determined and declared that it is necessary and expet3ient to issue and deliver to St. Michael a $1,658,250 General Obligation Water Revenue Bond, Series 1999 (the "'Bond") of the City, pursuant to the Financing Agreement and Minnesota Statutes, Chapters 444 and 475 and G. WHEREAS, the City has retained Springsted Incorporated, in St.Paul, Minnesota, as its independent financial advisor for the sale of the Bond and was therefore authorized to sell the Bond by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Albertville, Minnesota, as follows: 1. Debt;,Ury .ce Payments,. The Bond shall be payable as to principal and interest at the office of the City Clerk Treasurer in Albertville, Minnesota, and said payments shall be remitted to the officer of St. Michael performing the functions of the Treasurer for deposit in the debt service account (the "St.'Michael 'Debt Service Account") established for the St. Michael Bonds 2. Wigi turit es. The Bond shall be titled "General Obligation Water Revenue Bond, Series 1999", shall be dated the date of delivery, as the date of original issue and shall be issued as a fully registered bond. The Bond shall be in the dernination of the entire principal amount. The Bond shall bear interest on the unpaid principal amount thereof at rates per annum, payable and monthly thereafter on the first day of each month, calcuuated on the basis of a 360-day year of the twelve 30-day months, shall mature on the first day of each month, in installments, commencing , so as to produce monthly debt service payments equal the Schedule of Monthly Payments shown on Exhibit A attached hereto. Sums in the Primary Debt Service Subaccount of the Debt , Service Account, including debt service payments made by the Board to St. Michael for deposit in the said subaccount with respect to ` the Revenue Bonds shall be credited (pro rata based on the,City's calculated share of the debt service payments) against 10%62s.s 2 • t I the Monthly debt service payments hereinabove required to be made to St. Michael. 3. ,Eux2gae. The Bond shall assist in providing funds to finance the Improvements.— The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the St. Michael Bonds. 4. a2damti . All installments of principal of the Bond shall be subject to redemption and prepayment at the option of the City on any date: on which the St. Michael Bonds may be prepaid at'a price of par plus accrued,interest (plus any premium required if a like amount of St. Michael Bonds are to be prepaid on the redemption date) Redemption may be in whole or in part. .If redemption is in part, the Schedule of Monthly Payments shall be recalculated so as to produce monthly payments equal to 1/6th of the City's remaining share of the interest to become due on the St. Michael Bonds on their next succeeding interest payment date and 1/12 of the City's share of the principal to become due on the St. Michael Bonds on their next succeeding principal payment date. Installments or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the payingagent (if other than the City) and to the affected registered Molder of the Bond. S. d R iB,rear. The Clerk -Treasurer of the City, is appointed to act as bound registrar and transfer agent with respect to the Bond (the *Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed. Any'successor Bond Registrar shall be an officer of the City or a bond registrar and transfer agent pursuant to Minnesota Statutes,, Chapter'47S, and may be appointed pursuant to any contract the City and such :successor Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bond shall be paid to the registered holder (or record holder) of the Bonit in the manner set forth in the form of Bond and in paragraph 11 of this resolution,' without presentation or surrender of such Bond. 6. EQrm_ Rend. The Bond, togetherwith the Certificate of Registration, the Register of Partial Payments, the form of Assignment and the registration information thereon, shall be is substantially the following form, and may be typewritten rather than printed: 1096428.2 3 UNITED STATES OF AMERICA STATE OF MINNESOTA WRIGHT COUNTY CITY OF ALBERTVILLE $1,6ss,aso GENERAL OBLIGATION WATER REVENUE BOND, SERIES 1999 KNOW ALL PERSONS BY THESE PRESENTS that the City of Albertville, Wright County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the City of St. Michael, Minnesota, or registered assign, in the manner hereinafter set `forth, the principal amount specified above, on the first day of each month, in installments, commencing unless called for earlier redemption, and to pay interest on tote balance of said principal sum from time to time remaining unpaid, from the date hereof until the principal amount hereof is paid, at a rate of interest per annum, payable on and monthly thereafter on the first day or month, ca culated on the basis of a- 364-day year of twelve 30-day months, until the principal sum is paid or has provided for, so as to produce monthly debt service payments equal to the Schedule of Monthly Payments attached hereto. Bath principal and interest on this Bond are payable at the office of the Clerk -Treasurer of the Issuer in Albertville, Minnesota (the "Bond Registrar"), acting as paying agent, without presentation or surrender of such Bond, and such payment shall be remitted to the officer of St. Michael performing the functions of the Treasurer for deposit in the "St Michael Debt Service Account," as defined in the Resolution described below. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. ,. There shall be credited against the monthly debt service payments hereinabove required, certain debt service payments made to the St. Michael Debt Service Account and earnings thereon,- as more fully provided in the Resolution. Mda mtion. All installments of the princepal of the Bond of this issue (the "Bond") are subject to rede4tion and prepayment at the option of the Issuer on any date at a price of par plus accrued interest. Redemption may be in whole or in part. If redemption is in part, the Schedule of Monthly Payments shall be recalculated as provided in the Resolution. Installments or portions thereof called for redemptionshall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the affected Holder of the Bond. RW=so,- nerAI . 1 ati n. This Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on November 1, 1999 (the "R.eso7u soa+tsse.a 4 tion") , for they purpose of providing money to finance the construction of various improvements to the joint powers municipal water system within the jurisdiction of the Issuer and the Cities of St. Michael and Hanover, Minnesota. This Bond is payable out of the General Obligation Water Revenue Bond, Series 1999 Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. =JUAtJ2U.: RoXglution. The Bond is issuable solely as a fully registered bond in the denomination of the entire principal amount. Reference is hereby made to the.Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Tr f X. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer -contained in any agreement with the Bond Registrar (if other than the Issuer). Thereupon the Issuer shall execute and the Bond Registrar shall deliver, in exchange for this Bond, a new fully registered Bond in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amounts equal to the principal ,amount of this Bond, :of the same maturity and bearing interest at the same rate. Enes U2M Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and loss._ neatM= o! &WIsterEd owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided and for all other purposes, whether or not this Bond shall be overdue, and neither the issuer nor the Bond Registrar shall be affected by notice to the contrary. gUgligied T,MEZ t obl iqa Lon . The Bond has been designated by the Issuer as a *qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the federal Internal Revenue -Code of 1986, - as amended. IT IS MaMy CERTIFIED AND RECITED that all acts, conditions and ,things required by the'Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, sas+�z�.a 5 have happened and have been performed, .in regular and due form, time and manner as required by law; that the Issuer has covenanted and agreed with the Holder of the Bond that it will impose and collect charges for the service, use and availability of its municipal water system at the times and in amounts necessary to produce net revenues together with ether sums pledged to the paymentofthe Bond adequate to pay all principal and interest when due on the Bond; and that the Issuer will levy a d4rect, annual, irrepeatlable ad valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to pay the principal and interest on the Bond of this issue as they respectively become due, if the net revenues from the municipal water system and any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and on the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. @ali6.3 6 IN WITNESS WK EREOF, the City of Albertville, Wright County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the manual signatures of its Mayor and its Clerk -Treasurer, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registrations Registrable by. THE CLERK -TREASURER OF THE CITY OF ALBERTVILLE, MINNESOTA December .,,, 1999 Payable at: OFFICE OF THE CLERK- TR&&SURER,OF THE CITY OF ALBERTVILLE, MINNESOTA CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA Mayor Clerk -Treasurer General Obligation Water Revenue Bond, Series 1999. o9sss a 7 CERTIFICATE OF REGISTRATION The transfer of ownership of the principal amount of the within Bond may be made only by the registered owner or his, her or its T legal representative -last noted below. DATE OF SIGNATURE OF lox IX3= Omm BM REGISTRAR City of St. Michael, Minnesota City Hall 216 Main Street Soutli P.O. Box 337 .1229 as Michael. MN 5537f,-Q33? 1 10i 42$ 8 REGISTER OF PARTIAL PAYMENTS The principal amount of the attached Bond has been prepaid on the dates and in the amounts noted below: SIGNATURE OF SIGNATURE OF - -� _BgXWIQLM BOND UQIMZM If a notation is made on this register, such natation has the effect stated in the attached Bond. Partial payments do not require the presentation of the attached Bond to the -Bond Registrar, and a Holder could fail to note hereon the partial payment, ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable 'laws or regulations: TEN CON - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Custj (minor) under the Uniform State Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 1094626.2 11 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the w th n Bond an oes hereSy i-r—rev—ocOly constitute and appoint attorney to transfer the Band on the books kept For tU reg titration thereof, with full power of substitution in the premises. Dated: Notice; The..assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed; Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad 15(a)(2) The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address. (Include information for all joint owners if they Band is held by joint account) 109"28. a 12 7. ut gaiBond. The Bond shall be executed on behalf of the City by the manual signatures of its Mayor and Clerk -Treasurer and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed -- facsimile; and provided further that the corporate seal may be omitted as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bond may be signed by the manual signature of that officer who may act on behalf of such'absent or disabled officer. In case either such officer whose signature shall appear on the Bond shall cease to be such officer before the delivery of the Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City elects to deliver, in lieu of a printed bond, a typewritten bond in substantially the form set forth above. S. As"S g istraation. The Bond Registrar shall insert as the date of registration in the space provided the date of original issue, which date is the date of delivery. 9 ;LW; st=J=: Transfer. The City will cause to be kept at the principal office of the Bond Registrar _a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe (if other than the City), the Bond Registrar shall provide for the registration of the Bond and the registration of transfers of the Bond entitled to be registered or transferred as herein provided. Upon 'surrender for transfer of the Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall insert the date of registration (ass provided in paragraph 8); provided, however, that the bond may not be registered in blank or in the name of "bearer" or similar designation. Transfers shall also be subject to reasonable regulations of ;the City contained in any agreement with the Bond Registrar (if other than the City), including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 10. R g ss B Transfer. Each Bond delivered upon transfer of or in lieu of the Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by the Bond: 11. TX§Ar.MWjt„ of f .Z2q J;er d Owner. The City and Bond Registrar may treat tho person in whose name the Bond is registered as the owner of.the Bond for the purpose of receiving payment of principal of and premium, if any, and interest on, the -Bond and for all other purposes whatsoever whether or not the Bond shall be overdue, and neither the City nor the Bond' Registrar shall be affected by notice to the contrary. vs►stass a 13 12 . Deli -very., Application gf , Prrg eeds . The Bond when so prepared and executed shall be delivered by the 'Clerk Trerasurerto the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. _ 13 Fund W Accounts. There is hereby established a special fund to be designated "General Obligation Water Revenue Bond, Series 1999 Fund" (the "Fund"). The Fund shall be maintained in themannerherein specified until all of the installments of principal of the Bond and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts to which shall be credited and debited all income and,disbursements of the City System as hereinafter set forth.. The Clerk -Treasurer of the City and all officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. In such records there: shall be established and maintained accounts of the Fund for the purposes and in the amounts as follows (a) g22XSti2A and Mai enance Account . To the Operation and Maintenance Account shall be paid all gross revenues and earnings derived by the;City from the operation of the City System, including all charges for service, use, availability and connection to the System -by the City and the Board, when collected pursuant to the Agreements, and all moneys received from the sale of any facilities or equipment of the City System or any by-products thereof. From this account there shall be paid all the normal, reasonable and current costs of operating and maintaining the facility. Current expenses shall include the reasonable and necessary costs of operating, maintaining and insuring the City System, salaries, wages, costs of materials and supplies, necessary legal, engineering and auditing services, and all other items, which, by sound accounting practices, constitute normal, reasonable and current costs of operationand maintenance, but excluding any allowance for depreciation, extraordinary repairs and payments into the Debt Service Account. All moneys remaining in the Operation and Maintenance Account after paying or providing for the foregoing items, to with debt service payments made by the Board with respect -to the Revenue Bond it issued and delivered to the City (the "Revenue Bond Payments"), shall constitute and are referred to in this resolution as "net revenues". (b) p2br, ��; Q There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) net revenues (except Revenue Bond payments directly remitted to St. Michael) not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the account, sufficient to meet the requirements of Minnesota Statutes, Section 47S.61 for the payment of the principal and, interest of this issue; (ii) all collections of taxes which may osuas>s 14 hereafter be levied in the event that net revenues of the System and other funds herein pledged to the payment of the principal and interest of the Bond of this issue are insufficient therefore (iii) all investment earnings on funds held in the Debt Services Account; and (iv) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bond and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bond shall be used directly or indirectly to acquire higher yielding investments or to replace .funds which were used directly or indirectly; to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bond was issued and (2) in addition to the above in an 'amount not greater than the lesser of five percent (5%) of the proceeds of the Bond or $100,000. To this effect, any proceeds of the Bond and any sums from time to time held in the Operation and Maintenance Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then -applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield; in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable *temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invented in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bond to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 14. Fa=ss Net Revenues. Net revenues in excess of those required for the foregoing may be used for any proper purpose. x •, 15. Suffigismay of Net Revenues . It is hereby found, determined and declared that the net revenues are sufficient in amount to pay when due the principal of and interest on the Bond herein authorized and a sum at least five percent (50 in excess thereof, and the net revenues are hereby pledged for the payment of the Bond of this issue and shall be applied for that purpose, but solely to the extent required to meet the principal and interest requirements of this issue as the same become due Nothing containedherein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues (except Revenue Bond Payments) for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues will be sufficient in addition to all other sources, for 1096924.9 is the payment of the Bond herein authorized and such additional obligations and any such pledge and appropriation of the net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. 16. Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the holder of the _Bond that it will impose and collect charges for the service, use, avail- ability and connection to the City System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Bond. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when -the other revenues are insufficient to meet the obligations". 17. Det2gAAW&. When the Bond has been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bond shall to the extent permitted by law, cease. The City may discharge its obligation with respect to the Bond which is due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in fulls or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond'Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligation with respect to any prepayable installments of principal of the Bond called for redemption on any date when they are prepayable according to its terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to the Bond, without regard to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on sucf-dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 18. Q=Iiance Kith Raimbura.e—merit Bond BAgulat ions , The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1..150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Band, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). 109492e .a 16 The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively M states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the 'Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and '(iii)`states the maxim m principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20V of the "issue price" of the -Bond, and (ii) a de mi.nfmis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5t of the proceeds of the Bond. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bond or -any of the ether types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bond and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first pla6ed in service. (d) Each such reimbursement allocation will be made in ai writing that evidences the City's use of Bond proceeds to reimburse the,Rembureement Expenditure and, if made within 30 days after the Bond is issued, shall be treated as made on the day the Bond is issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 18 upon receipt of an opinion of its `Bond Counsel for the Bond stating in effect that such action will not, impair the tax-exempt status of the Bond. 109692S.2 17 19 gXa1 Obligation Pledae. For the prompt and full payment of the principal and interest on the Bond, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the net revenues of the -System appropriated and pledged to the payment of principal and interest on the Bond, together with other funds irrevocably appropriated to the Debt Service Account herein established, shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bond and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds maybe reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein, 20. Certi f gatte o f, Regi tration. The Clerk -Treasurer is hereby directed to file a certified copy of this resolution with the County Auditor of Wright County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bond has been entered in the County Auditor's Bond Register. 21. Rgg2X& and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Band, certified copies of all proceedings and records of the City relating to the Bond and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bond 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. 22. NSSAt_ ,;y_e. Qgy&j Bt as to the Use of Procnds and. , r MM, . The City hereby covenants.not to use the proceeds of the Bond or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bond to be a "private activity bond" within the meaning of Sections 103 and 141 through 150 of the Code. 23. Tam- ANa=t Status of the Bond: RMbate . The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under' Section 103 of the Code of the interest on the Bond, including without limitation (1) requirements relating to temporary periods for investments., (2) limitations on amounts invested at a yield Qssat.7 18 greater than ;the yield on the Bond, and (3) the rebate of excess investment earnings to the United States if the Bond (together with other obligations reasonably expected to be issued and outstanding atonetime in this calendar year) exceed the small -issuer exception - amount mount of 5 Q40 fl00. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental unite issuing $50000,000'or less of bonds, the City hereby finds, determines and declares that (1) the Bond is issued by a governmental unit with general taxing powers, (2) the Bond is not a privateactivity band, (3) ninety-five percent (95%-) or more of the net proceeds of the Bond is to be used for local governmental activities of the City (or of a governmental unit the juris- diction of which is entirely within the jurisdiction of the City), and {4} the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bond is issued and outstanding at one time is not reasonably expected to exceed $5,000, 000, all within the meaning of Section 148(f) (4) (U) of the Lode. 24. Desi=&ti= Qf Qualified Jag-aXeMRt Obligation. In order to qualify the Bond as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations (a)'the Bond is issued after August 7, 1986; (b) the Bond is not a "private activity bond" as defined in Section 141 of the Code; (c) the City hereby designates the Bond as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3); of the Code; (d) the reasonably anticipated amount of tax-exempt- obligations '(other than private activity bonds,, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1999 will not exceed $10,000,000; and (e) not more than F$10, 000, 000 of obligations issued by the City during this calendar year 1999 have been designated for purposes of Section 265 (b) (3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by tb.is paragraph. 109662a. a 19 25. Joint 2Mrs Fina_ncina &Moement. The Financing Agreement in substantially the form on file in the office of the City Clerk -Treasurer is hereby approved, and the Mayor and City Clerk' -Treasurer are hereby authorized and directed to execute the same on behalf of -the City. 26. 6=33hi l i ram.. If any section, paragraph or provision of this resolution shall be held to be: invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the retaining previsions of this resolution. 27. Headin=. Headings in this resolution are included for convenience of reference dnly and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member after a full discussion thereof and upon vote ng t en thereon, the following voted in favor ,thereof: and the following votedagainstthe same: Whereupon said resolution was declared duly passed and adopted. aarca. 20 STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF ALBERTVILLB I, the undersigned, being the duly qualified and acting Clerk -Treasurer of.the City of Albertville, Minnesota, Do HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and compiete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance of, and awarding the sale of, a $1,658,250 General Obligation Water Revenue Bond, Series 1999 of said City. WITNESS my hand this 1st day of November, 1999. Clerk -Treasurer 14*"2$ 21 JOINT POWERS FINANCING AGREEMENT This Joint Powers Financing Agreement (the<"Agreement") is made on or as of December 1, 1999 among the Joint Powers Water Board of Albertville, Hanover and St. Michael, a joint powers board created under the laws of the State of Minnesota (the "Joint Powers Board"), the City of Albertville, a municipal corporation in Wright County, Minnesota ("Albertville"), the City of Hanover, a municipal corporation in Wright County, Minnesota ("Hanover"), and the City of St. Michael, a municipal corporation in Wright County, Minnesota ("Et. Michael") (Albertville, Hanover and St. Michael hereinafter being called the "Cities"), in consideration of the mutual promises and conditions set out herein, - WHEREAS, (A) The Cities heretofore formed the Joint Powers Board to finance, construct and operate a water utility system (the "Water Systems) to serve residents within the Cities; (B) The Joint Powers Board and Cities desire that additional improvements be made to the Water System (the "Improvements") and to finance the same in a manner that will achieve the lowest interest cost, and to this end it is necessary that St. Michael issue to the public general obligation water. revenue bonds (the "St. Michael Bonds") to finance the costs of the Improvements and that Albertville and.Hanover gay to St. Michael their respective shares of the debt service on the St. Michael Bonds in the event that the net revenues from the Water System are insufficient therefor. (C) Each of the Cities' share of the debt service cost of the St. Michael Bonds has been initially established based on current usage of the Water System, and in the event that there are insufficient net revenues from the Water System to make monthly payments towards the debt service on the St. Michael Bonds, it is appropriate that each of the Cities' share be recalculated based on usage of the Water System in effect at that time The Joint Powers Board and Cities do hereby agree as follows: 1. The Joint Pouters Board shall issue and deliver to each of the Cities a water revenue bond (the "Revenue Bond") in the form attached hereto as Exhibit A and in a principal amount equal to that City's share of the cost of the Improvements so that Albertville receives a Revenue Bond (the'"Albertville Revenue Bond") in the principal amount of $1,658,250, Hanover,receives a Revenue Bond (the "Hanover Revenue Bond") in the principal amount of $351,750, and St. Michael receives a Revenue Bond (the "St. Michael Revenue Bond") in the principal amount of'$3,`015,000. 10"777.2 2. Upon receipt of the Revenue Bond, Albertville will issue and deliver to St. Michael a general obligation revenue bond '(the "Albertville General Obligation Revenue Band") in the form attached hereto as Exhibit B and in the amount of $1 658,250, secured by a pledge of Albertville's full faith and credit and of the revenues payable to it under the Albertville Revenue Bond, and Hanover shall issue and deliver to St. Michael a general obligation revenue bond (the "Hanover General Obligation Revenue Bond") in the form attached hereto as Exhibit C"and in the amount of $351,750, secured by a pledge of Hanover's full faith and credit and of the revenues payable under the Hanover Revenue Bond, 3. (a) If any monthly payments'on the Revenue Bonds are more than 15 days delinquent (or would be so delinquent but for a transfer from the Joint Boards "Reserve Account") each City's respective share of the costs of the Improvements shall be recalculated based on the usage formula attached hereto as Exhibit D. The usage formula shall be based on the data available as of the date the monthly payments are (or would first become) act delinquent but the recalculated share shall be effective as of the next succeeding interest payment date (the "Recalculation Date*) oftheSt. Michael Bonds (or bonds, if any, issued to refund the same). (b) The Joint Powers Board shall authorize by resolution and promptly issue and deliver as of the Recalculation Date to each City in exchange for the then existing Revenue Bond a new Revenue Bond reflecting the City's recalculated share of the Improvement costs. The aggregate principal amount of the three new Revenue Bonds shall equal the aggregate principal amount of the St. Michael Bonds (or any general obligation revenue refunding bands issued to refund the same) then outstanding. (c) Albertville and Hanover shall each authorize by resolution and issue and deliver as of the Recalculation Date to St. Michael, in exchange for the existing General Obligation Revenue Bond, a newGeneralObligation Bond equal in principal amount to the new underlying Revenue Bond issued to it by the Joint Powers Board. "- (d) The debt service requirements of the newRevenue Bonds and the new General Obligation Revenue Bonds shall be pro rated .based on each of the City's recalculated share of the cost of the Improvements. (e) Except for purposes of taking into account the foregoing change in principal amount and in debt service requirements, the resolution pursuant to which each such new bond is issued shall, in all other respects, contain the same terms and conditions as are contained in.the resolutions pursuant to which the replaced bond was issued. ►8"7r,.2 2 (f) This process of recalculation and exchange of - new bonds may occur from time to time but no more often than once every,12 calendar months 4. The Joint Powers Board shall pay the principal of and interest on the Revenue Bonds directly to St. Michael, and such payments shall, in the cage of Hanover and Albertville, be credited pro ratan against the debt service payments that would otherwise have to be made under their respective General Obligation Revenue Bond. S. The Joint Powers Board shall fully reimburse St. Michael for all issuance expenses not paid from the St Michael Bonds and any on -going paying agency, rebate consultant, accounting or other fees incurred by St. Michael in connection with the administration of the St. Michael Bonds, including staff time directly related to the administration of the St. Michael 'Bonds. +6. The Joint Powers Board is authorized to act as the contracting party for the construction and improvement of a water well, storage and distribution system. IN WITNESS WHEREOF,_ the Joint Powers Board and each of the Cities has caused this Agreement to be executed and dated as of the date hereof. JOINT POWERS BOARD By Its Chair By Its Secretary Signature Page to Joint Powers Agreement. eos► M.2 4 CITY OF HANOVER By Its Mayor By Its Clerk -Treasurer CITY OF ST. MICHAEL By Its Mayor By Ids Administrator/Clerk Treasurer f MEMORANDUM TO: GARY HALE, CITY ADMINISTRATOR, ALBERTVILLE CITY COUNCIL FROM: MIKE COURI, CITY ATTORNEY SUBJECT: POULIOT SPECIAL ASSESSMENT. DATE: MARCH 22, 1996 Mr. John Gries, attorney for Virgil and Kim Pouliot, has requested that the City remove approximately $13,000.00 in special assessments (original assessment of $8,483.81 plus interest at 85 since 1991) from one parcel of Pouliot's property, located approximately where the Pouliot's driveway is located. These special assessments have their roots in a 1986 assessment agreement between the Pouliots and the City. In conjunction with the platting of Psyk's Fourth Addition, the City and Pouliots entered into an "Easement Agreement" (attached to this memo) under which the Pouliots agreed to dedicate land to the City over which Lander Avenue was constructed. Prior to the dedication, Pouliots had two pieces of property in this location: the parcel their house was built upon (facing Main Street) and a long, pan -handle property with approximately 14 feet fronting main street, widening out to the west to the point where it was approximately 90 feet wide where Lander Avenue was to be located. The construction of Lander Avenue did not affect Pouliot's house property, but did split the pan -handle property into two pieces, with one parcel west of Lander Avenue and a second parcel located between Lander Avenue and Main Street. Both before and after the construction of Lander Avenue,_ the pan -handle property was assigned one PID number, 013104. Pouliot's house was assigned PID number 013103. As part of the agreement, the City agreed to defer payment of the special assessments that would otherwise be levied upon the Pouliot's property until one of the following;'. 1. Five years from the date of the agreement (i.e. 1991); 2. Either of the lots adjoining Lander Avenue were sold; 3. A building permit is applied for for either of the Lander Avenue lots. The City also agreed that it would assess the costs of construction of Lander Avenue against the pan -handle property, and not against the Pouliot's house property. Finally, the City agreed that, upon application by Pouliots, it would combine the driveway portion of the panhandle lot with the Pouliot's house property. This would have left the property split by Lander Avenue under the PID number 1 013104, while the house property, including the driveway, would have been under PID number 013103. It appears that the Pouliots never pursued this lot combination. In late 1986, the City assessed the Pouliot's pan -handle property (PID #013104, which included the Pouliot's driveway) as stated in the agreement in the amount of $8,483.81. This assessment was deferred until early 1992, when it became a payable assessment. On August 2, 1988, Pouliot contracted to sell one of the two lots on Lander Avenue to Jim Hennum. On January 13, 1989, Pouliot contracted to sell the other lot to Jim Hennum. The sale of these lots occurred on March 2, 1989. On December 19, 1988, the City adopted its current subdivision ordinance, which requires all smaller -lot subdivisions to be platted and to be processed through planning and zoning and the City Council. Any lot subdivision occurring after December, 1988 without proper subdivision approval from the City would not be a valid subdivision and consequently would not be a buildable lot. It appears that the City was not notified of the sale of the lots to Hennum, and neither lot was platted through the subdivision process as required by the ordinance. When the deed to Hennum was recorded at the County, the County Auditor's office assigned the lot a new PID number. Because the Pouliots never requested that the City transfer some of the special assessments from PID #013104 (the pan -handle property) to the new lot, the remaining portion of the pan -handle property still had the full amountof the special assessments levied against it. The net result of these two lot splits are that the Pouliots now own a 14-foot driveway with an estimated $13,000.00+ in assessments on the property, and Jim Hennum purchased two lots which front on Lander Avenue without paying any special assessments for the Lander Avenue improvements. The attorney for the Pouliots has informed the City that the Pouliots do not intend to pay the assessments remaining on their driveway property, and is seeking some relief from the City. Tax records at the County show that the Pouliots have not paid any real estate taxes orf-the driveway portion of the property since 1989. It is my belief that the City has conducted itself properly with respect to the special assessments at issue. In 1986 the City agreed to assess the panhandle property, and agreed to allow Pouliots to combine the driveway portion of the panhandle property with their house property. The City assessed the property according to the agreement. The Pouliots failed to pursue the lot combination. Had they done so, the special assessments would have remained on the two Lander Avenue lots, and would not be on the driveway lot. 2 Further, had the Pouliots informed the City of the pending sale of the lots to Hennum and requested the City to apportion the assessments between the lots at the time of the subdivision, the - assessments would have followed the lots and would not be an issue today. Not having been informed of the lot sales, the City could not be expected to have taken some action to prevent the current situation. Accordingly, I do not believe that the City is in any way legally responsible for the Pouliot's current situation. The assessments at issue are currently pledged to the 1993-A $675,000 G.O. Improvement/Refunding Bond. Were the City to reduce or remove the Pouliot's assessment amount, the City would have to ultimately contribute to the bond fund the amount forgiven. This money would most likely come from the City's general fund. A second practical problem is presented to the City by this situation. If, as stated, the Pouliots do not pay the special assessments, the City's only recourse would be a tax sale of the Pouliot's driveway. While the sale of this land would severely inconvenience the Pouliots, such a sale is unlikely to produce enough revenue to pay the special assessments. While the City could reinstate the special assessments upon the driveway property once it is sold, the prospects of collecting those special assessments may not be much better. One potential solution to this problem is to refuse to issue a building permit for the remaining vacant lot abutting Lander Avenue on the grounds that the lot was not properly subdivided and is therefore not a buildable lot (the other lot abutting Lander Avenue was purchased by Dundee Nursery & Landscaping Company in 1993 and a house has since been built on the property). The current owner of the lot (Michael & Lori Mimnaugh, according to the County tax records) would then have to plat the lot as a formal subdivision. At this time, the City should be able to transfer all or a portion of the special assessments from the driveway to this property as authorized under Minnesota Statutes §429.071, Subd. 3. While this solution does not seem entirely fair to the new lot owner, that owner would most likely take that issue up with Mr. Hennum, who sold the lot to the new owner. Hennum may then wish to take the matter up with Pouliots. If the special assessments are not apportioned to the remaining vacant lot, it appears likely that the driveway property containing all of the special assessments will be sold for taxes, and the City will have little chance of collecting the special assessments that are currently pledged to its bond. cc: John Gries, attorney for Pouliots 3 Pouliot property prior to agreement: (Ur/Yf l.�a �Ip # 01310y #013103 ` Ho &re Pouliot property after agreement and construction of Lander Avenue: 'N *+ Pouliot property after sale of both lots abutting Lander Avenue: A* 013!!a P7,00 p 13 113 - 013loY i /010 # oolo3 Arvle-yy `a Q V 5d(Z) CITY OF ALBERTVILLE RESOLUTION #1999-49 A RESOLUTION APPOINTING JOHN MIDDENDORF TO THE POSITION OF MAINTENANCE WORKER IMPLANT OPERATOR WHEREAS, the City Council of the City of Albertville is desirous of hiring a qualified individual for the position of Maintenance Worker II/Plant Operator; and WHEREAS, advertisements seeking applicants for the position were placed, all applications were screened, interviews with four of the most qualified applicants were conducted, and each candidate was rated. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby approves the hiring of John Middendorf for the position of Maintenance Worker IUPlant Operator effective December 6, 1999, at a starting wage of $17.50 per hour. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ABLERTVILLE THIS 1st DAY OF NOVEMBER,1999. John A. Olson, Mayor Linda Goeb, AdmWistrator-Clerk ,4 ., A r C6• cn z � H© a O oaw qpa aH� Y.il O 1� FUq xaA 3az ,5'1 3 co 4. o 0 y O S Q O .� H Y a �.. w s A¢ G �oc��oy� �z 3c��I 0 3rAo .� c, a.° y 040. A -z y W O O Cn A O N C O "' C� b� O 'C �� U� y V •r. � � U U N 4. ► Or G) N Q �C/ c A O w Q a, "a_a 3 -0 t2 C Z to 0 p 'b as O O �° V 3 t) V V a Q z z `� ° 3 C �" Y vOi—', o O •b W W W 0 w� �' a °' ,W�", >.3"��yo`�¢�vo� n�"aa�a.•�b.ti tna�"C-� E-�"'°°4"., �.z�s„��°' ca V O H• ^.3 C 1 L ° V y L: L:+ L3 G. C C CU .G q ° o E 3 ° E ° ° ° 'C O y a -• q W r•� 'O -p `0o cn ° �° o E$ E+ o ff x xqH� a-U •0o:o oouE.E so f aE° d � co En Y 'v a� vi o 0 0 " o. a a °� ` o .E S U .b '��" 3 N g $ wo ? rr ' U 3 _ .a .� �.. Q L - 7 N `p N V1 .9 O� L' c3 OD L. t� G a�.r ✓ ate+ w 30 O Ems- o c -°'v Ems- 4604 ►��+ Q CIS Cd `6 o 3 League of Minnesota Cities Insurance Trust Group Self -Insured Workers' Compensation Plan Administrator Berkley Administrators 145 University Avenue West St. Pam, MN 55103-2044 Phone (651) 215-4169 Notice of Premium Options The "City Agreement No.: 02-000313-16 ALBERTV I LLE Agreement Period: From: 12 i 01,t'1999 PQ BOX 9 To: 12/01 /2000 ALBERTVILLE MN 55301-0000 Enclosedisaquotationforworkers'compensation depositpremium. Deductibleoptionsarenowavailable inreturnfora premium credit applied to your estimated standardprenziumof$ .+424. . The deductible will apply per occurrence to paid medical costs only. There is no aggregate limit. Please indicate below thepremium option you wish to select. Youmay choose only one and you cannot change options during the agreement period. OPTIONS NET DEPOSIT PREMUM 1 ❑ RegularPremium Option 4424. Deductible Premium Credit per Occurrence Credit Amount 2 ❑ $250F 3% 133. 4291, 3 0 500 4.5% 199. 4225. 4 0 1,000 6% 265. 4159. 5 1771 2,500 10% 442. 3982. 6 0 5,000 13.5% 597. 3827. 7 ❑ 10,000 18% 796.+� 3628. This should be signed by an authorized representative ofthe city requesting coverage. One ofthe above options must be selected. Please return a signed copy ofthis notice to us with payment and make checks payable to the LMCIT. Signature Title Date Formore information on the premium options that apply to your city, refer to the enclosed brochure. LM4501.(11/98)