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2008-02-19 CC PacketAlbertVIIIIE City of Albertville Council Agenda sou TMM uAM. ern any ur,. TUESDAY, FEBRUARY 19, 2008 7:00 PM PUBLIC COMMENTS -The City ofAlbertville welcomes and encourages public input on issues listed n the agenda or of general community interest. Advertised public hearings are scheduled as such so that the public is afforded an opportunity to spear. Citizens wishing to addres's the Mayor and Council regarding specific agenda items, other than public hearings should indicate so and will be afforded an opportunity during the discussion of said item, Council willing and time permitting. Citizens wishing to speak on matters not listed on the agenda (car items on the agenda that did net include an opportunity t speak) are always afforded the opportunity to do so under the heading "Citizens Addressing the Council", usually scheduled at the beginning and end of the agenda. Presentations are limited to five minutes. In any ,citizens are asked t complete a `Request t Speak Card'. 1. PLEDGE OF ALLEGIANCE CE 2. CALL TO ORDER -- ROLL CALL 3, 1EC G ITI NS PRESL1 TATI S INT I UCT1 NS 4. MINUTES A. January 3 0, 2 0 0 8 City ofAlbertville — City of Otsego j oint workshop - . 1-4 B. February 4, 2008 regular City Council minutes pgs.5-13) 5. CITIZENS OPEN FORUM — time reserved minutes) . AMENDMENTS TO AGENDA 7.. 0 CONSENT AGENDA A All items with an asterisk 0 are considered to be routine by the City Staff and will be enacted by one notion. There will be no separate discussion of these items unless Council member so requests. In such event, the item will be removed from the General Order ofBusiness and considered in its normal sequence on the agenda. Items 0 8.D.1. Building Department artment — Monthly Report 0 8,EA, Finance — Semi-monthly Payment of Claims (bliss) 0 .. .. Finance — Resolution — Corporate Authorized Signers 0 .F.I. City Clerk — 3. % One --flay Liquor License 0 .G.1. Planning and Zoning — Resolution — Albertville Marketplace e 0 .H.2. Engineering — Pay Request 0 .H.3. Engineering --- Letter of Credit— Payment in Lieu of ,I&L Legal — Resolution — releasing Lot 1, 131k. 1, Heuring Meadows 8.11. Administration — Resolution — Series 2008A Bonds 0 8.12. Administration — Resolution — Series 2008E Bands 0 &J*3& Administration — resolution Comp ad & Transit Funding City of Albertville Council Agenda February 19, 2008 . DEPARTMENT USINESS A. Fire Department B. Public Works Department C. Utilities Department(WWTP) Page 2 of D. Building Department 1). Accept the Building Official's January 2008 Monthly Report pg . 1 -17 E. Finance Department 1.. 0 Approve the Monday, , February 19, 2008 Payment of Claims (bills) for cheek numbers 02 2x to 0253xx pgs. 19-26 2). 0 Approve Resolution No. 2008-008 entitled a Resolution Making Appointments to Corporate Authorized Signers for the City of Albertville for the Year 2008 pgs. 27-28) F. City Clerk 1). 0 Approve One -Day 3.2 % Malt Liquor License Application from the St, Michael Catholic Church for an event to be held at the STIA Ice Arena within the Albertville city limits on May 3, 2008 pg. 29 G. Planning and Zoning I. 0 Approve Resolution No. 2008-009 entitled a Resolution Approving the Albertville Marketplace etplace (Phil Morris Property) --Site and Building Plan Review that includes the Revised Elevations pgs, 1-47, plus attachments) H. Engineering I. Accept the Assistant City Engineering Project Report pgs. 49-0 2). 0 Accept Bolton & Menk Inc. Engineer's recommendation to Approve Payment No. 1 to Dennis F'ehn gravel and Excavating, Inc. in the amount of $176,704.65 for the 2007 Lachman Avenue NE improvement pg . 1- 2 3. 0 Shoppes of Towne Lakes 11 pg.53-55) a, Accept payment for turning lane in lieu of contractor performing the work b. Approve the reduction of Shoppes of Towne Lakes II - Letter of Credit No. 178 from $135,,000 to no less than $79,700 4). Stormwater Issues pg . 7-60 . 54th Street NE and Barthel Industrial Drive NE Stormwater Stud b. National Flood Insurance Program. Update c, Stormwater Management Plan Proposal d. Ordinance Update MAP ubIi c DMAC ity Coun i hCounc ii Packet inforniation1200 1 2-19- 1 2, 19 200 8 1 Agenda. do c - Meeting Date: January 22, 200 City Of Albertville Council Agenda February 1., 2008 Page 3 of 1. Legal. 1). 0 Approve Resolution No. 200 - 10 entitled a Resolution Releasing Lot 1, Block , Heuring Meadows from the Obligations of Developer's Agreement (pgs. 61-2 J. Administration 1 . 0 Approve Resolution No. 200 -011 entitled a Resolution Awarding the Sale of General Obligation Capital Improvement Plan Refunding Bonds, Series Zoo; Fixing their Form and Specifications; Directing their Execution and Delivery; and Providing for their Payment pgs.63-88) 2 . 0 Approve Resolution No. 20 -012 entitled a resolution Awarding the Sale of General Obligation Sever Revenue Refunding Bonds, Series 200 A; Fixing their Form and Specifications; Directing their Execution and Delivery; and Providing for their Payment pgs. -112 3). 0 Approve Resolution No. - 13 entitled a Resolution Requesting Comprehensive Road and Transit Funding p s. 11 -114) 4). Accept the City Administrator's Written Report pgs. 11 -116) 5. 1- 94 interchange Access Request Scope of Phasing Options pgs. 117-11 9, CITIZENS OPEN FORUM - (continued if necessary) 10. ANNOUNCEMENTS and or UPCOMING MEETINGS February 200 18 all day City offices closed in observation of Presidents' Day 19 7:00 p.m. City Council meeting (Tuesday) 5 : 0 p.m. Joint Water Board meeting 25 7:0 p.m, Jt. City Council and Planning & Zoning Commission mtg. March 2008 3 7: 0 p.m. City Council meeting 10 6:00 p.m.- STMA lee Arena Board meeting 11 7-:00 p.m. Planning and Zoning Commission meeting 1 : 0 p.M@ City Council meeting 25 ; 0 p.m. Joint Water Board meeting 31 : 0 p.m. Jt. City of Albertville& City of St. Michael and STMA School Board meeting at Albertville City Mall April 2008 7 5:30 p.m. 2008 Local Board of Appeals & Adjustments 7 7:00 p.m. City Council meeting 7:00 p.m. Planning and Zoning Commission meeting 14 :00 p.m. STMA ice Arena Board meeting 21 7:00 p.m. City Council meeting 28 6:00 p.m. Joint Water Board meeting MAPublic DataWity CoundhCouncil Packet inforrnation120081 2-1 -08102 19 2008 1 Ag nda.do Meeting Date: January 22, 2008 City of Albertville Council Agenda ebruary 19, 2008 Page 4 of 5 11, ADJOURN THE REGULAR CITY COUNCIL MEETING TO A COMMITTEE MEETING of THE WHOLE A. Di cussio 'of Niemeyer Trailer Sales Development 1. ADJOURNMENT MAPubli Data\City CounciRCouncil Pact informationW08\ 2-19-0 102 19 2008 1 Agenda.doc Meeting Date: January 22, 200 AFFIDAVIT OF POSTING STATE OF MINNESOTA) ) SS. COUNTY OF WRIGHT ) Tori Leonhardt, being first duly sworn, says that on the 15th day February 2008 Tori posted the documents as shown on the reverse side a true copy of each thereof at 8:25 a.m. at the Albertville City Offices in the window, at the City of Albertville, County of Wright, State of Minnesota. Subscribed and sworn to before me this/5 day of , 2008. - - --------- Tracey Nubbe Notary Pumc Minnesota "' My Commission Expires Jant ary 31, I2012 M:\Public Data\City Council\Council Agendas\2008 Agendas\A 02-19-08 agenda.doc Meeting Date: February 19, 2008 I - sue"'Toum �. Biqa faw u�. Mayor and Council Communication February 12, 2008 SUBJECT: CITY COUNCIL MINUTE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider approving the City Council minutes that have been prepared and submitted by the City Clerk and the City Administrator with the following motions Motion to approve the Wednesday, January 3 o, 200 8 City of Albert ille City of Otsego joint workshop as presented, and On file in the office of the City Clerk. Motion to .ppro e the February 4, 2008 regular City Council minutes as presented, and on file in the office of the City Clerk. BACKGROUND: Space is reserved on the agenda to accommodate the -Mayor and Council, should it be their desire to amend the minutes. KEY ISSUES: It is the City's policy to review and appr ve City Council minutes that have been taken, prepared and submitted by the City Clerk. POLICY CONSIDERATIONS: It is at the discretion of the Mayor and Council whether the City Council minutes that have been prepared and submitted should be amended. However, the contents of the minutes via the amendment process typically require Mayor and Council consideration thereof at the appropriate time iurini the meeting, , in which such amendments that are made requires a motion and affirmative vote of the majority of the members present. FINANCIAL CONSIDERATIONS: There are no financial considerations as it prelates to approval of the City Council minutes. LEGAL ISSUES: In accordance with Council procedures, the Mayor - and Council possess the authority to amend the minutes. Respectfully submitted, Barry R. use City Administrator Department/Responsible Person: Administration/Bridget -Miller, City Clerk Attachments: January 30, 2008 workshop minutes and February 4, 2008 regular Council minutes i \PAlie D MAC it - Council\C ounciI Packet jnfomiation1200 M02-1 - 102 19 20 0 8 4-A-B City Coun ciI rninut s.do Agenda Item No.4,AsBs Meeting Date February 19, 2008 I CITY OF OTSEGO CITY COUNCIL WORKSHOP WITH CITY OF ALBERTVILLE AT OTSEGO CITY HALL January 30, 2008 7:00 p.m. RollCall: Otsego City Council: Mayor Larry Fournier, .Councilmembers Mark Th rt d, Tom Darken-w l , Vern H idn r and Jessica Stm. City Staff: City Administrator Michael Robertson, City Clerk Judy Hudson and City Engineer Ron Wagner. Roll Call: Albertville City Council.: 'Mayor Ron Kl k r, Councilmembers Torn Fay, LeRoy ning, John V t ch, and Dan Wagner. City Staff: City . Aminitratr Larry Kruse and Assistant City Engine' r Adam Naf tad . CSAJH 19 Road Improvement: Assistant City Engineer NaEfstad reviewed the proposed County Road 19 improvement from north of the Outlet Mall to 7 t Street NE. The improvement would widen County 19 to four lanes to 7 oth Street . NE with a taper f rom four lanes back k to two north of 7 of Street NE. The estimated cost is $2,700,000, not including right-of-way. Wright County typically requires.150 feet of right-of-way for this type f road. Albertville's target date for the improvement is 2010. Albertville would pay the costs' for the portion Of the im royemen.t located in Albertville and Otsego would pay the costs of the portion located in Otsego. City Engineer Wagner noted that there could be a wide range of costs depending on what the -County requires Otsego to do north f 7 th Street NE. Chi Dayrkenwakld expressed concern with costs rising over time as Otsego has experienced. CM Heidner expressed concern about Wright County changing their mind about the dsign at the last moment and raising costs for Otsego, Both Councils discussed the.2004 MacIver Avenue NE improvement and the amount owed by Albertville to Ots- Mayor Kle k r said that Albertville -was looking for support- from Otsego for the C AH 19 improvement. -There was considerable di s us s ion of this issue. Otsego said it would meet with the County ' Engineer and try t M:IPubIi c D ata\C ity Coun ill om c iI M in u tesU 0 08 Minute Uoint meeting m i nutes\O 13 0 2008 corn i nwrkO 8.doe Agenda Item No. vAa Meeting Date February 1, 20 3 City f Alber ill -City of Otsego Joint City Council Minutes January 3, 2008 'age 2 of 2 reach an agreement on the design of the road north of 7 th Street NE. If the county Board would pass a resolution approving the design, Otsego would be comfortable approving a resolution of support for the CSAH 19 improvement. 'Otsego said as part of that resolution it could commit to paying its, share of, the improvement ement when development -occurred in that area that would benefit from it and help pay -for it. Otsego Creek Authority meeting was scheduled -for. Wednesday, October .29, 200' at 7:00 p.m.'at �Al ert it le City -Hall. Ambulance Update Administrator Kruse reported that the mount of medical calls. has been overwhelming the Albert-ville Fire Department and they have reached an agreement starting February 1, 2008 that the llina . Amulance stationed in St. Michael will. provide 2 -hour eot er ge of the Albertville -fire territory. Next Meeting workshop was tentativelY scheduled for Wednesday, day, May, 28, 2008 at 7:00 p.m. at the Albertville city Hall. With no other business, the meeting was adjourned at 8:25 p.m. Michael Rob6rtson city Administrator M:Tublie Datalcity couneillcoun c it M i nutes\2 00 8 Mi nutes\Joi nt meet ing m i nuteAO 13 0.200 8 ce inwrkO 8.do Agenda Item No. 4.A. Meeting Date February 19, 2008 j; A.Ibertvi e Small Town Uvim, G1v.UF&& ALBERTVILLE CITY COUNCIL February 4, 2008 MINUTES Albertville City. Hail 7:00 PM PLEDGE OF ALLEGIANCE -CALL TO ORDER Mayor Klee er called the .A.lbert ille City Council meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. ROLL CALL 'RESENT: Mayor Ron Klee er, Council members John Vetseh, Lekoy Ber ing, Day. Wagner, and Tom Fay, Assistant City Engineer Adam I of stad, City Planner Al Brixius, City Attorney Mike C uri, Finance Director Tina Lan es, Utilities Su efinten lent John Middendorf, City Administrator Larry Kruse, and City Clerk Bridget Miller - ABSENT: none RECOGNITIONS/PRESENTATIONS/INTRODUCTIONS'— no comments Tuesday, January 22, 2008 regular City Council meeting Mayor Kle ker asked the Council -if there were any changes to the Tu' esda , January 22 2008 regular City Council minutes. MOTION Council member Wagner, seconded by Council member Berrying to approve the Tuesday, January 22, 2008 regular City Council minutes as amended, and on file in the office of the City Clerk. . Mayor Kleel er, Council members rs Fay, Wagner and Ber7ning voted aye. Council member Vetseh abstained. M:\Public D ata\C ity Couneih ouneiI Minut s\20 08 Minutes\Bridg is dray s\M 02.- 04- 8 B-drafts. do Agenda Item Igo.- i.. . Meeting Date February 19, 2008 5 City of Albertville City Council- Minutes February , 200 Page 2 of CITIZEN FORUM Mayor Meier asked if there was anyone in the audience that wanted to discuss an item with the Council that was not already on the agenda. .any Peterson — speed along KasselAvenue NE Amy Peterson of 4959 Kassel Avenue NE approached the Council who had a concern with ears traveling on Kassel Avenue NE. Ms. Peterson informed the Council that presidents in the neighborhood came before the Council a couple years ago regarding how fast the vehicles appear to be traveling down Kassel Avenue NE. It seems people are using Kassel Avenue NE as an .alternate route, rather than taping CSAH 19 into St. Michael. Ms. Peterson was directed to contact PW Supervisor Gimnnt regarding the speed along Kassel Avenue NE and consider installing some speed limit signs, which the City has installed "speed limit" signs. The other suggestion was to eo tact the Sheriff s Department, which the residents have numerous times. It is more recently that Ms. I eterso . contacted City Administrator Kruse to find out ghat more they- can do to slow down the traffic. Ms. Peterson went on to share with the Council what the neighborhood residents' suggest, which is to install a4-way stop sign at the intersection of 49th Street/Cowl NE and Kassel Avenue NE. Ids. Peterson reported that this 1s the intersection where the kids in the neighborhood -get on the school bus. The homeowners w,ould like to see a 3 -way stop sign t the T-intersection of Kassel A.venue N and t11 Street NE, also. Wright County Sheriff representative informed the Council that they have been doing their best to monitor the City addressing various concerns, which includes the speeders along Kassel Avenue NE. The representative stated that a squad car on occasion has parked in a resident's driveway and set the radar to detect the speed of the vehicles passing by, which do not at this time merit . speeding ticket. The Sheriff's representative agreed with the residents by installing the stop signs, which could slow traffic down. At this point the Council decided not to install "stop signs" at the intersection of Kassel Avenue I49 Street I49 Court NE aid the T--intersection of Kassel Avenue and 48 th Street N. Council directed staff to contact the Wright County Sheriff's Dept. to monitor the traffic speed along Kassel Avenue NE for now. Amy Peterson -- Senior Housing Development rent within the .filbert Villas Addition Ms. Peterson reported that the neighborhood was notified regarding a proposed Senior Housing Development, in which she did not want to sec the townhouses go there. Peterson asked if they would be notified again about the potential development. City flamer Brixius shared with the Council and Ills. Peterson that Mr. Schuett, the developer, has been in contact with him since the Concept Plan was presented to the Planning and Zoning M-Tub Ii c I atACity Couj)cil1 oun c iI M inutes\20 0 8 M i nutes\B ridg t"s dra s\M 02- 04-0 8 B -draft .do Agenda Item No.4*13, Meeting Date February 19, 2008 6 City of Albertville - City Council Minutes February 4, 200 Page 3 of Commission and the City Council. Mr. Schuett has also been in contact with the Guardian Angels addition 1n Elk River, in which he is working on a revised plan per Council's direction. Bri ius wanted to make sure that Ms. Peterson knew this was a very conceptual plan. Brixius reported that the residents within 3 5 o feet will receive notif"ication as things progress with the site. AMENDMENTS MENTS To THE AGENDA City .Administrator Kruse added one item under Administration, which was a proposal from Water of Life Lutheran Church to rent the city building located at 5975 Main Avenue NE. MOTION BY Council member Kerning, seconded by Council member Vetsch to approve the Monday, February 4, 2008 regular Albertville City Council agenda as amended. Motion carried unanimously, CONSENT AGENDA W CONSENT AGENDA All items with an asterisk (0 are considered to be routine in nature by the City Staff and will be enacted by one notion. There will be no separate discussion of these items unless a Council member or citizen so requests. in such event, the item will be removed .from the General order of Businessand considered in its normal sequence on the agenda. Mayor Kle ker asked the Council if there were any items to be pulled from the Consent Agenda.. Meeker noted that item 8.F.1. was missed from the Consent Agenda; therefore asked to add it. MOTION BY Council member Kerning, seconded by Council member Fay to approve the consent agenda as presented, which required no separate discussions or motions; therefore will e on file in the office of the City Clerk, Motion eaiTied unanimously. DEPARTMENT BUSYNESS UTILITIES DEPARTMENT Utilities Superintendent Middendorf informed to the Council that since the report was written there was a water main break at 4t" -Street NE and Main Avenue CIE, which staff handled. Middendorf went into more detail on the progress of theReed Beds, in which he share concerns in the growth-. Middendorfreported that- it has been difficult to meet the S, ,H. recommendations in the amount of solids to he placed on the Reed Beds. Middendorf rf went on to explain that if the City were to continue with S .. .'s proposal the reports that are submitted to the Minnesota Pollution. Control Agency will be in violation of the MPCA. Regulations for the treatment plant. Middendorf then stated that staff' will be holding off oil the amount of solids that M:TubIi c D ata\C ity CoU116h oli ne iI M-inu tes\2 0 08 Minut&Bridg is drafts\M 02- 04-0 8 B-drafts. do Agendas It m No. * B * Meeting Date February 19, 200 7 City of Albertville City Council Minutes February 4, 200 Page 4 of 9 - are added to the Reed Beds until a later date to avoid future violations to the MPCA Reports. Middendorfwent on to bring to the .0 u il's attention that the. video taping ofthe sewer lines has been completed. There was a section of line thatvas difficult to tape because of an incline, which the camera was unable to get to. In conclusion, Middendorf asked if the Council had any other questions or corker s regarding the Wastewater Treatment Plant. Council members accepted the Utilities Superintendent's .eport dated Monday, January 28, 2008 as presented i the February 4, 2008 City Council packet. FINANaE DEPARTMENT ,40 Approve the Monday, February 4, 2008 Payment of Claims (bills) for check numbers 025253 to 025309 MOTION BY Council member Berrying, seconded by Council member Fay authorizing the payment of claims that included check number 025253 to 025309 as presented except the bills specifically pulled, which are passed by separate motion. Motion -carried unanimously. AW,4ccept the 2008 City ofOtsego and City of St. Michael Fire Contractfor Albertville tvi Service MOTION Y Council member Beming, seconded by Council member Fay to accept the 2008 City of Otsego and City of St. Michael Fire Contract for Albertville Service as presented in the February 4, 2008 City. Council packet. et. Motion carried unanimously. cce t a� Donation ofGambling Funds from the A lbertville Lionsn the ainount of $1,82 0. 00 and rake a donation to the A lb ertvi He _,Royalty Comm ittee in the amount of $1,82 0. 00 MOTION Y Council member Ber i g, seconded by Council member Fay to accept a Donation of Gambling Funds from the Albertville Lions in the a o n-t of $1, 8 20. 0 0 and make a donation to the Albertville Royalty Committee in the amount of 1, 20. 00. Motion carried unanimously. ,accept Finance Director's Semi-monthly Financial Reports Finance Director Lan .es briefly reviews the Financial keports that were submitted to' the Council in the February 4, 2008 Council packet. Upon review, Lannes asked if the Council had any questions or concerns with the City"s Finances. Council members accepted the Finance Director's Semi-monthly Financial Report dated Monday, January 28, 2008 as presented in the February 4, 2008 City Council packet. M:TubIi c D ata\C it.,y CouneiWoun iI Minutesl200 8 Mixnutes\Brid et's drafts\M 02-04-0 8 B-draft s.doe Agenda Item 1o. .. Meeting Date February 19, 2008 an City of Albertville City Council Minutes February 4, 20 Page of 9 CITY CLERK VAPProve Minnesota Lawful fuGambling LG220 Application from the St. Michael Catholic Churchfor an even` to be. held at the S M4 ice Arena within the Albertville city limits in May 2008, n which raffle tickets will be sold during the event MOTION BY Council member Berning, seconded by Council member Fay -to to approve a Minnesota Lawful xambling ' LG220 Application from the St. Michael Catholic Church for a event to' be held at the S MA Ice Arena within the Albertville city limits in May Zoo , In which raffles tickets will be sold curing the event, which has been prepared and submitted y the City Clerk. Motion carried unanimously. PLANNING AND ZONING Accept the City .Manner's Monthly Report City Plarm r Brixius asked the Council if they had any questions regarding the progress Report. Council members accepted the City Planner's Monthly Progress ess Status Report dated Wednesday, January 30, 2008 presented in the February 4, 2008 City Council packet, ENGINEERING — no comments LEGAL ccept.the C yAttorn y's Monthly Update City Attorney Court reported on the Prairie Run Development and the letter of credit for landscaping which expired on December 31, 2007 that has been extended to late 2008. Couri reported that in March 2006, the Common, Interest Community (CIC) Association was terminated; however staff is rese'arching the association issue. Gold Ivey appears to have dissolved the CIC, which provided the legal mechanism to force each property owner to pay its fair share of asseiatlon dues. What -staff does- know is that the association did not dissolve the portion that was set up to maintain the private drive as it is a non-profit corporation. What staff is looking into is whether this is a violation of the Developer's Agreement or the CIC Association do umeiit . Staff will continue to contact Gold Keys attorney regarding the CIC, in which staff will report back the findings at a later elate. Ivy:Tubli c Data\ ity Counoi]\ oun eiI Mihut l: 0 08 Minutos\Bridget"s drafts\M 0 -04-0 8 B-draft s.do Agenda Item No. .113. Meeting Date February 19, 2008 W City of Albertville City Council Minutes February 4, 28 Page,Page,6 of The next item Couri touched on was the Towne Lake TL th Addition and Hennen Construction. Couri reported that Mennen Construction' has not been paid by CFCD for some of the utility and street work that was installed within the TL 6th Addition. Hennen Construction has asked staff to draw from a Letter of Credit that the City has possession o, but staff recommends holding off until the two parties can come to anagreement to allow the City to draw n the Letter of Credit. Again, staffwill report to Council at a later date should the City pull from the Letter of Credit. The last item Couri brow ht to the. C uncil' attention was the Hunter's Vass Addition, which is r s N si�u lar situation'fo TL.6Addition. The contractor has not been fully paid by. Hunter's Vass for the installation of utilities and streets within the Hunter"s Pass Addition. The City is holding a Letter of Credit, which will expire on August 12, 2008. The contractor is evaluating the option to bring a suit against the developer and the City seeking payment through the available Letter of Credit. Staff will report, if necessary, the outcome of the situation. Council members accepted the City Attorneys Update dated Thursday, January 31, 2008 as presented in the February 4, 2008 City Council packet. - � ibertv We- Otsego'U da d.loadAgreement City Attorney Courl noted that included in the Council packet is an updated Road Improvement between the City of Albertville and the City of Otsego. Court rioted that one portion that has changed since the first' draft of the agreement is that CSAH 19 Forth was limed to MacIver Avenue N. The link no longer exists within the Road Agreement. The other sections of the Road Agreement that were brought to the Council's attention was Section 4.g.i., which noted that Otsego and .Albertville shall each be responsible for the project costs as a prorated portion of the - total cost of the project to the repectivie . city, less any funding provided by Wright County. The third area of the Road Agreement that was mentioned Was Section .g,xx, which discussed the funding. It states that Albertville shall initially fund tsego's share of the CSAH 19 Forth 1 roj eet costs until such time as a final plat is approved for the property in Otsego abutting CSAH 19, which is located between 701h Street NE and Sot' Street NE. City Administrator Kruse asked the Council if the amended Road Agreement meets the needs or thoughts of the Council. Council stated that there were no additional thoughts from there and there is no need to have additional discussion n the Updated road A.greem nt, because they had just met with Otsego Wednesday, January 30 to discuss the issues and concerns ofthe Road Agreement. MOTION BY Council member Berning; seconded by Council member Fay to authorize staff to forward the attached draft of the Albertville and Otsego CSAH 19 Road Agreement to Otsego g for their review and comments with the goal to work out most of the details prior to a joint meeting to be held at :00 p.m. on April 28, 2008 at the City of Albertville. Motion carried una .imou l . MAPubli Data\ ity CouneffiCouncil Minutes\2,008 MinuteslBrid t"s drafts\M 0 -04-08 I-draits.do Agenda Item No-A.B. Meeting Date February 1, 2008 10 City of Albertville City Council Minutes February 4, 200 'age ADMINISTRATION N Approve Request for Payment to City of Otsego in the amount of $466,2 70 for Albertville's share of Maclver Avenue NE Improvement `here were no additional comments regarding the Request for Payment. MOTION BY Council member Bemi .g, seconded by Council member Fay to authorize payment of $466,270 to the City of Otsego in payment of all claims for the Madver Improvement. Motion carried unanimously. Accept the City Administrator -*s Written -Report City Administrator Kruse shared with the Council that since the report was written cruse has- been approached by pastor Mark . HuRquist regarding a proposal to rent the city facility located at 5975 Main Avenue ICE. The ministry 1stry would hold Sunday services, plus additional activities throughout the week. Council'members reported that the initial thought of renting the facility would be for an office type .setting. The Council reminded staff that there was a cress -easement as far as the parking lof vent in which Council did not errant evening competition with the activities that would be held t City Hall. Wherefore, Council advised staff to' decline the offer from the Water of Life Lutheran Church to -rent the City facility located at 5 975 Mama Avenue NE. Council .em ers accepted the City Attomey's Update dated Wednesday, January 30, 2008 as presented in the February 4, 2008 City Council packet. CITIZENS OPEN FORUM - (continued ifnecessary) ANNOUNCEMENTS and or UPCOMING MEETINGS February 2008 7: p.m. I L Caucuses held at Albertville City lull 5 7: .m. Republican- Caucuses held at STMA Middle School lI -6:00 p.m. STMA lee Arena Board m'ecting 2 : 0 p.m. planning and Zoning Commission meeting (cancelled) f -'all day City Offices closed in observation of Presidents' Day 19 7* o p.m. City Council meeting 'Try A ' Y) p.m. Joint Water Board meeting 25 7: IM. Jt. City Council and Planning & Zoning Commission mtg. March 2008 M:TubIi Q Data\C ity Coun ciI\ oun it Minut s1200 8 Minut s\Bridg is dra-RAM 02- 4i0 8 B}drafts. doe Agenda Item No. tBe Meeting Date February 1 , 200 11 City of Albertville City Council Minutes February 4, 2008 'age 8 of 9 7:00 p.m. o o a.m. 10 .60000 P.M. 11. 7:00. .m. 17 7: oo P.. 2 :o p.m. 31 6:00 p.m. City Council meeting Daylight Savings egi'ns STMA lee Arena Board meeting Planning and Zoning Commission meeting City Council meeting Joint Water Board meeting. fit. City of Al ertville;� City of St. Michael and STMA School Board meeting at Albertville City Hall CLOSED SESSION date on -Gold Ke - prairie Run Litigation) Mayor Klec er asked for a notion to close the February 4, 2008 regular Council meeting to go into a_ meeting with Attorney Jason Kuboushek regarding the Gold Key Litigation. MOTION BY Council member Fay, seconded by Council member l erning to close the February 4, 2008 regular City Council meeting at :44 p.m. for the purpose of being updated on the Gold Key Litigation. Motion carried unanimously. MOTION BY Council member Vetseh.5 seconded by Mayor Klecl er to reconvene the Monday, February 4, 2008 regular City Council meeting at 9:02 p.m. Motion caqied unanimously. CLOSED SESSION (Barthel Purchase Aareement� Mayor Klecl er asked for a motion to close the February ,- 2008 'regular Council meeting for the purpose of discussingthe Don Barthel property located within the newly platted Barthel Commercial Farb 3rcAddition. MOTION Y Council member Vets h, seconded by Council member Beming to close the February 4, 2008 regular City Council meeting at 9:0p.m. for the purpose of discussing the Barthel Property Purchase. Motion carried unanimously. MOTION BY Council member Beming, seconded by Council member Fay to reconvene the Monday, February 4, 2008 regular City Council meeting at 9:30 p.m. I otion carried unanimously. Following the closed session it was noted that Council members Kerning and Fay have their direction on how to proceed with the proposed purchase of the Don Barthel property. ADJOURNMENT M-\Publi c D atal ity Counc ih ounci1 Minut s12008 Minut s\Bridget's dWNW 02- 4- 08 BArafts. do Agenda Item No. 4 .ti. Meeting Date February 19, 200 1 City of Albertville City Council Minute February 4, 200 Page MOTION BY Council member Vetsch., seconded by. Council member Beming to adjourn the regular January 22, 2008 City Council meeting at 9: 1 p.m. Motion carried unanimously. Ron Kl eekcr, Mayor Bridget Miller, City Clerk M-Tubli c Data\ ity CounciIl oun c iI Minut s1200 8 Minutes\Bridg is drafts\M 02 - 04- B-drafts. do Agenda Item o. .B. Meeting Date February 1, 2008 1 AA�b'Ertyl��'� Mayor and Council Communication' SUBJECT: BUILDING DEPARTMENT REPORT RECOMMENDATION: This space on the agenda is reserved for the City Council to consider the Building Official's Monthly Report and other building natters. BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and Council to review'and ask questions about the Monthly Deport. Jolt SUTH R AND REPORTED THE FOLLOWING ACTIVITY: Residential Construction n . ti xt - January is typically a slog month for construction activity and we are certainly par for the course with zero o Single Family Dwelling permits for the month compared to three in January of 2007). We had five (5) Residential Alteration permits for a total value of $24, 800 for the month. Last year we had nine Alteration permits in January. Commercial Construction Activity - We had three 3 C n. reial Alteration ennits; Converse Shoe Store, and a Albertville Premium outlets office renovation at the outlet Mail, and Parti Stop retail store, which is going in at 5721 LaCentre Avenue NE. In January Zoo , we had four permits of this type so -we are not far behind on commercial activity at this time and there is more on the plan cheek table! Miscellaneous - Miscellaneous permits include Signs, Plumbing, Mechanical, and Farces, which totaled eight permits for January. We had 19 mikellaneous permits i January last year. Tori has been busy catching up on scanning and working in the rental licensing among many other things. Total permits - We had a total of 16 permits for the month with a Construction Value of $2061,305. Construction Value is dowry from the previous January, in which we had $1.,315.5031. The r j or difference is essentially three less new residential house permits, please see attached activity report for further detail. Planning and Zoning, Rental Housing, Enforcement - Various zoni rng enforcement is ongoing. Foreclosures- As time pen nits, f am conducting site inspections on various houses that are vacant and appear abandoned. These vacant or abandoned situations exist with approximately 45 homes, which we are faced with at this time. I have noted there is still some storm damage work to be completed on these properties. :IPublio D ataUty CounciA ouIz ciI Pack et i nform ation1 00 10 -1 -0 8\02 19 20 0 8 8 -D-I B I dg January 00 8.do Agenda Item o. &D. . Meeting Date ftbruary 19, 2008 1-5 Mayor and Council Communication -- February 12, 200 Building Official —Monthly Report - Page 2 of 2 Rental Licensing and Inspections - This is the time of the year we update licenses and try to complete, rental inspections because - it is usually slow enough to alto w time for it. We inspected Westwind Apartments 3 of 4 buildings including all the 30 units in each building. The highest number of inspections in one day was 34 and on these days it does not allow for much office time. We conducted a total -number of 191 inspections for the month of January. • Fine Code Inspections i Co junction with. the Fire Department �- n Saturday, January 1 t I worked with the Fire Department, in which we conducted seven Fire Code related inspections as follows: Geez Sports Bar; D. Michael B's; Majors Sports Bar; Nike outlet Store; Pheasant Ridge Apartments (both buildings); and Albertville Meadows Apartments. Education . -I attended three -days of edu-cationwith an -emphasis on Fire Code, Housing Maintenance Problems and Rental Housing, and a flan Review Facet of the Building Code. KEY ISSUES: none POLICY CONSIDERATIONS: The Mayor and Council review'monthly department reports. P FINANCIAL CONSIDERATIONS: There .ere are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have. the authority to review and direct staff to tale action regarding all financial matters. Respectfully submitted, Larry R. use City Administrator Department/Responsible Person: -Building/Joy. Sutherland, Building official Attachments: Permit Activity Report APubli i ata\City oun ill oun it Packet ink`ormationl 00 10 -1 -0 1 19 20088-1 -1 Bldg January 2008.doc Agenda Item No. 8*D*1 ,s Meeting Date February 19, 2008 joCity of Albertville PERMIT ACTIVITY REPORT Ibertvi � Month: January YEAR: 2008 5mau 7aarn tivrag. Btg icy life. THIS MONTH YEAR TO DATE RESIDENTIAL NEI CONSTRUCTION # PERMITS VALUATION �# PERMIT VALUATION SI l LE FAMILY DETACHED 0 $ _ 0 _ SINGLE FAMILY ATTACHED 0 0 $ 4 TWO FAMILY I DUPLEX 0 0 _ MULTIPLE FAMILY (3 OR MORE UNITS) 0 0 _ TRANSIENT HS . (HOTELS I MOTELS) 0 0 _ SUBTOTAL - $ _0 $ ,. N N-RESIDEN-TIAL NEW CONSTRUCTION # PERMITS VALUATION # PERMITS VALUATION COMMERCIAL (RETAIL/ RESTAURANT)' 0 $ i OFFICE 1 PROFESSIONAL i INDUSTRIAL 0 $ PUBLIC / SCHOOLS 0 _ S[BTTL. _ 0 _ RESIDENTIAL ADDITIONS 1 ALTERATIONS ## PERMITS VALUATION # PER/ITS VALUATION ADDITIONADDITION8 TO PRINCIPAL BUILDING $ 0 _ DETACHED ACCESSORY BUILDINGS 0 DECKS 0 $ _ 0 4 SWIMMING G POOLS 0 _ 0 REMODEL - MISC. RESIDENTIAL IDEI TIAL $ 24,800 24P800 REMODEL DEL - MULTIPLE DWELLINGS 0 .. 0 _ SUB TO TAL 5 2, 5 f NON-RESIDENTIAL ADDITIONS { ALTERATIONS # PERMITS VALUATION #PERMITS VALUATION COMMERCIAL RETAI.LI RESTAURANT) 2 $ 153,000 $ 163,000 OFFICE ! PROFESSIONAL 1 11,7 0 1 $ 11,70 INDUSTRIAL 0 PUBLIC / SCHOOLS - $ DETACHED ACCESSORY BUILDINGS _ I NA E 2 $ 4,24 4,245 SUBTOTAL 5 $ 5 1690005 DEMOLITIONS I MOVE BUILDINGS # PERMITS VALUATION PERMIT'S VALUATION RESIDENTIAL DWELLINGS S $ R NON-RESIDENTIAL ESIDENTIAL DWELLINGS S .0 $ _ MOVE BUILDING - RESIDENTIAL 0 $ _ SUB TO TAL $ -0 $ TOTAL PERMIT COUNTS Permit-Permit-s Total Month YTD PERMITS YTD ALIJ TI N This Month Valb tion Amount BUILDING 10 10, 1 0$ 1193,805 FENCES & RETAINING WALLS 0 $ - 0 $ Mi1SC RESIDENTIAL PLBC 2 $ - 1,700 2 $ 1,700 MISC RESIDENTIAL MECHANICAL 4 10,800 10,800 COMMERCIAL PLB 0 $ _ COMMERCIAL MECHANICAL B _ GRADING/EXCAVATING, FIRE, EOT -- - 0 _ GRANOMWEEEEEEMN�D TOTALS 1 $ ,3 1 2( ,3sm M:1Publio Data\City Coun IllCoun it Packet information1200 1 2-10-00102 19 200 -D-1 Permit Activity Report without Revenue.xls 17 A.1bertVill . C mayor and Council Communication Smog Town L%ft. sto Chu lid.. February 14,2008 SUBJECT: 0 FINANCE DEPARTMENT ---- PAYMENT of BIDES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion authorizing the February 4, 2008 payment of the claims checks numbers 025317 to 025370 as presented except the bills specifically pulled, which are passed by separate notion. BACKGROUND: The City process' claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval, KEY ISSUES Check No. 02531 Al Star Chemical Corp — this is for the chemicals to maintain the fire hall Check No.. 025 3 21 Kew., Deventer & Vi re, Ltd — first payment for 2007 annual audit Check No, 02 66 USA Blue Book — Safety equipment to repair lift stations gas detector to be sure the air is safe to breath and the Chne air lock is a piece of equipment that stops the flow of waste to the lift station for repairs it 'is a ball the blocks the flow). POLICY CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines disputes the billing. Res ectfuliy submitted, Larry R. s City Administrator Department/Responsible Person: Finance/Tina. Lannes, Finance Director Attachments: Check Register retail MA1Publi Datal yty CounciRCouncit Packet iiiformation\200 10 -1 -08 in Bill .do Agenda Item No. &Eale Meeti ng ]ate February 19, 2 1 bertville Smell Town UNnq. Big Clry Ufa. Check Detail Register February 1-9,2008 Cheek Amt Invoice Comment 1 100 Pr mier Bank Paid Chk# 025317 2119/2008 ALL STAR CHEMICAL CORP E 101-420 0-200 Office Supplies ' EN EI AL Fire Dept Cleaning Chemicals $605.66 Total ALL STAR CHEMICAL. CORP $605.66 Paid h 025318 211 12008 L T N BEN ,1NC 101-0 000-32210 Building Permits Building Permits 12I1/07 - 12/28/07 $7 .00 - Total B LT N & MENK, INC $75.00 Paid Chk# 025319 2/19/2008 C U I MACARTHU E 101-41600-304 Legal Fees Fire Hail E 604-49660-00 Professional Srvs Albert Villas Drainage E 48-49300-3 4 Legal Fees City Hall E 101- 161 -304 Legal Fees Dorniniurn To ► nhernes E 101-41600-304 Legal Fees council/staff meetings, ordinances, general city E 101-4161 -304 Legal Fees Hunters Fuss IE 101-41610-304 Legal Fees Parton Cove E 499-49000-304 Legal Fees Lachman Avenue E 73-00000-3 4 Legal Fees Prairie Run Litigation E 101-4110-304 Legal Fees Prairie Run Gold Key E 101-416OU 304 Legal Fees TIFS E 494-4900 -304 Legal Fees CSAH 19 Assessment Appeal Total C URI & MACARTHUR $6,657.50 Paid Chk# 02 320 2/19/2008 DENNISFjEHN GRAVEL & E CA VA TIN E 499-49000-300 Professional Srvs Lachman Avenue Improvements 2007 T to I DENNISFERN GRA VEL & EXCA VA TIN $176,704.65 Paid Chk# 025321 2/19/2008 KERN, DE ENTE , & VIE14E, LTD E 01- 94 0-3 1 Auditing and Aeet'g 2007 Annual Audit E 02-494 0- 01 Auditing and Ac t'g 2007 Annual Audit E 101-42000-301 Auditing and Acct'g 2007 Annual Audit E 10 1 -42400-301 Auditing and Aoot'g 2007 Annual Audit E 101-41400-301 Auditing and Aoet'g - 2007 Annual'Audit E 4-49660-301 Auditing and Aoot'g 2007 Annual Audit Total KERN, DEWENTER, & VIERE, LTD $5,06 . 0 Paid Chk# 02 322 2/19/2008 ABC , EICK & MEYERLLP $101.2 $303.76 $1,19.0 $487'.0 $48.7 $37.50 $37.0 $36.00 $13 .00 $150. 0 $23.76 ,142.50 $17,704.6 $.3 $ 833.33 $833.34 $833.34 $-3 $833.33 E 6 4-a49660-301 Auditing and Aoet'g Services $833.33 23 726 Professional Audit/Accounting E 101-42000- 01 Auditing and Aoet'g Services $833.33 236726 Professional Audit/Accounting E 101-42400- 01 Auditing and Aoot'g Services $833.33 236726 Professional Audit/Accounting E 101 -4140- 01 Auditing and Aoet'g Services $833.33 236726 Professional Audit/Accounting E 6 1-49469-301 Auditing and Aeet'g Services $ 3.34 236726 Professional AudiUA000unting E 60 - 9400-301 Auditing and A et`g Services $833.34 236726 Professional Audit/Accounting Total ABDO, EICK & MEYER L.LP $ ,000.00 Paid Chk# 02 323 /19/2008 ALBEI TVIL.LE QUEEN COMMITTEE MITTEE F 101-0 000-36200 Donations $1,82 .00 02-2008 Lions Donation Total AL.BE# TVILLE QUEEN COMMITTEE MITTEE $1,820.00 M \PubIi c Data\C i t y CouI ei KounciI Packet infonnation1 90 8 102-1 -0 8 102 19 200 8 8 -E-1 Payment Posted Bat halo .rt Agenda Item No. * I Meeting bate February 19, 200 20 Mayor oar and Council Communication -- February 19, 2008 Finance Payment f Claims Cheep Amt Invoice Comment 40100 Premier Bani Paid Chk# 02 324 2/19/2 08 ALLEY COMPANIES INC E 101-43100-215 Shop Supplies $95-16 3381 Harndwash, paper towels, bathro E 01-49450-210 Operating Supplies (GENERAL) $52.86 3381 Handwa h, paper towels, bathro E 1 1-42000-200 Office Supplies(GENERAL) $52.86 3381 H nd ash, paper towels, bathro E 101-4194 -210 Operating Supplies(GENERAL) $52.86 3381 Handwash, paper towels, bathro E 602-4940 -210 Operating Supplies (GENERAL) ERAL) $82.86 3381 H ndwa h, paper towels, bathro Total ALLEY COMPANIES INC $306.60 Paid Chk# 025325 - 2/19/20 8 Ai A ARK UNIFORM SERVICES E 101 -4194-405 R pairll faint -Buildings $6 .36 629-641729 op handles, rubber marts, dish E 6 1-4945 -417 Uniform Rentals $11.98 29-6422112 Sewage Dept. - Uniform Sery E 101-48100-417 Uniform Rentals $11. 9 629-6422112 Parks Dept - Uniform Sery E 101-43100-417 Uniform Rentals 11.99 629- 422112 Public f ork - Uniform Sery E 602-49400-417 Uniform Rentals $11.99 629-642 112 Water Dept - Uniform Sery Total ARAMARK UNIFORM SERVICES - $108.31 Paid Chk# 025326 2/1912008 ASSOCIATION F MN BUIDLING OFF E 101-42400-435 Books and Pamphlet 66.00 62-2 0 Total ASSOCIATION OF MN BUIDLiN OFF $65.00 Paid Chip# 02 327 2/19/2008 BERRY COFFEE COMPANY E 101-4'1400-200 Office Supplies (GENERAL) $27.95 3478 Total BERRY COFFEE COMPANY $27.95 Paid Chk# 02 328 2/19/2008 C R U EST E 101 -4200-404 RepaidMaint - Machinery/Equip E 1 1-4 000-404 RepairlNlaint - Machinery/Equip E :101-42 00-404 Repairll lairit - Machinery/Equip E 101-42000-404 F epairll faint - Machinery/Equip E 10 1 -42000-404 R p irll aint - Marchinery/Equip E 602-4940 -404 Repair/Maint - Machinery/Equip E 1 1-4 100-4 4 R pairll faint -Machinery/Equip Total CAQEST PaidChk# 02 329 2/1912008 CENTER POINT ENERGY E 101-4 400-383 Gas Utilities E 601-49450-383 Gas Utilities E 101-5100-383 Gas Utilities E 1 1- 2000- 83 Gas Utilities E 101-43100-383 Gas Utilities E 101-41 4 -383 Gas Utilities E 101-41940-383 Gas Utilities Total CENTER POINT ENERGY Paid Chk# 025330 2/19/ 008 B i N'S E 11-45100-10 Operating Supplies (GENERAL) Total BRN'S Paid Chk# 025331 /19/ 008 COURi & iVIAC RTHUR E 101-41610-304 Legal Fees E 101-41610-304 Legal Fees E 1 1-41 00-304 LegalFees E 604-49660-800 Professional Srvs(GENERAL) E 101-41600-304 Legal Fees E 101-4110-304 Le al Fees E 101.41600- 04 Legal Fees E 101-41610-304 Logan Fees E 1 1-41600-304 Leigal Fees E 49-4900-304 Legal Fees E 4 4-49000- 04 Legal Fees E 4 9-49000-304 Legal Fees E 101 -4161-304 Legal Foes E 473-00000-04 Legal Foes Total C URI & i ACARTHU# 244:37 1536-37167 $5.27 1536-37169 $4.93 156-37171 $295.64 1536-37184 $12.63 1 36-3750 $519.16 1 36-3 274 $12.19 1536-37482 .$1,657.19 $ 66.69 02-2008 $1, 588.39 02-2008 $386.51 02-2008 1, 576.7 0-2008 1, 895.12 2-2008 $3$171.94 02-2008 $283.23 02-208 $9,558.63 Minnesota Code Boole Coffee Fire Dept coolant filter, oil Fire Dept hi -pop oil falter, f Fire Dept coolant filter, air Fire [kept 2 air filters Fire Dept Brk Clint, 1 5W40; tr 15 I140 5 gal, speed sensor iI' copper plus spark p1g, 30 HIS m 954 Main Avenue NE 6440 Maoiver Avenue NE 501 Lander Avenue NE i 1350 57th Street NE 41 Maolver Avenue NE 5959 Main Avenue NE 5975 Main Avenue NE $.15.28 101739872 Albertville - PW supplies 15.28 $41.28 02-200 $1, 691.25 02-2008 $1,885.0 2-00 $543.75 02-2008 $870.00 02-2108 $412.50 02-208 $253.7 02-2008 - $82. 0 02-2008 $72.0 2-2008 $72.0 02-2008 $43.00 02-2008 $23.75 02-2008 $41. 5 -02-2008 145.00 02µ2008 $6,800.00 LaBeaux Station Prairie Run - Gold Key ordinances, counciil taff rnt s Albert Villas Drainage Liquor rton Cave ice Arena Golf Course Fire Hall Highway 19 North CAH 19 Assessment Appeal Lachman Avenue Niemeyer Trailer Sales Prairie Run Litigation M:Tubfic DataWity Counoill oun it Packet inforrnation1200 102-1 -0 10 19 200 -E-1 Payment Posted Batch.doextf Page 2 of Agenda Item No. 8. Eole Meeting Date February 19, 2008 1 Mayor and Council Communication - February 19, 2008 Finance --- Payment of Claims Check Art Invoice Comment 10100 Premier Bank Paid Chk# 028332 - 2/19/2008 DAVIS, JEFF E 1 1-42000-860 Furniture and Fixtures $686.49 02-2 08 Fire Dept Workbenches Vice Total DAVIS, JEFF $686.49 Paid Chk# 025333 2/19/2008 DENNY'S SMALL EN I EICHAIN SAW E 191-46100-494 Re -Mach inery/Equ ip $15.20 2-2 08 fuel filter and 2 chains 6 x 6 Total DENNY'S SMALL ENGINE/CHAIN SAND $1.20 Paid Chk# 02 334 2/19/2008 DIAL EXPRESS INC E 61-49 0- 22 Postage $10.37 J2526296 Shipping - Sigma Controls Total DHL EXPRESS INC $10.37 Paid Chk# 026335 2/19/2008 DJ'S TOTAL. HOME CARE CENTER E 101-4194 -210 Operating Supplies (GENERAL) AL $87.31 02-2008 28143 Single cut key, 48" poly E 1 1-431 9-4 4 F epair/Maint - Machinery/Equip $3.17 02-2008 28378 Pig supplies & fixture h E 101-43109-40 I epair/Maint - Buildings $4.78 02-2008 28453 Stain remover E 101-4 10 -496 l epaidMaint - Buildings $5.33 02-2008 28597 a cch n d 314" for 1" th E 602-4940 -210 Operating Supplies (GENERAL) $61.72 2-2008 28654 Pinch Point Crow Bar, Mo E 602-4 400-210 Operating Supplies (GENERAL) $7.44 02-2008 28605 Energizer Max AA 8 pk E 101-4310 -404 1' epair/Maint - Machinery/Equip $8.66 02-2 08 2 043 spray safety paint E 101-4 1 -404 F epair/Marint - Machinery/Equip $10.18 02-2008 28358 Bolt Fasteners E 101-45100-40 l epair/Maint - Buildings $16.96 02-2008 28596 3/4" threaded valve ball E 1 1-4310 -404 I epair/Maint - Machinery/Equip $14.33 2-20 8 28677 lit C rburtor, nozzle Gu # Total DXS TOTAL HOME CARE CENTER $218.7 Paid Chk# 025336 2/1912008 DOCUMENT DESTRUCTION SERVICE E 101-41469-300 Professional Bars (GENERAL) $2.00 12 989 1122/08 shredding in 8,20 Out Total DOCUMENT DESTRUCTION SERVICE $2.00 Paid Chk# 025337 2/19/2008 D N'S AUTO & REPAIR E 1 1-42 0-212 Motor Fuels $11.97 9 -2008 fuel Fire Dept E 101-42000-212 Motor Fuels $32.60 49666 fuel - Fire Crept E 101-42000-212 Motor Fuels $5.27 49687 valVoline - Fire Dept E 101-42000-212 Motor Fuels $ 9.31 50059 [diesel Fire Dept Total DI'S AUTO & REPAIR $239.1 Paid Chk# 02 338 2/19/2008 E E L'S DIRECT SERVICE, INC. E 101-43100- 12 - Motor Fuels $64.63 02-2008 0133161 fuel E 1 1-43100-212 Motor Fuels $76.27 02-2 08 0133163 fuel E 101-4240 -212 Motor Fuels, $71.41 02-20 8 0133108 fuel & car wash E 101-43100-212 Motor Duels $32.12 02-2008 0 133083 fuel E 101-431 -212 Motor Fuels $3 .00 6 -2008 0 133085 fuel E 101-43109-215 Shop Supplies $16.98 92-2008 0133118 2 coffee at 7.99 each E 1 1-4 1 0-212 Motor Fuels $10.61 2-2008 0133158 fuel E 101-4310 -212 Motor Fuels $4.7 02-2 0 - Service Charge E 601-49450-212 Motor Fuels $66.00 02-2 08 0133057 fuel E 601-49469-212 Motor Fuels $ 4.00 02-2008 0 133070 fuel E 0 -494 9#2'l2 Motor Fuels $73.78 02-2 08 0133144 fuel E 2-49400-212 Motor Fuels $73. 8 62-2008 0133190 fuel E 1 1-a4 100-212 Motor Fuels $73.90 2-20 8 0133221 feel E 60-49400- 12 Motor Fuels $09.2 02-20 8 0133081 fuel E 602-49400- 1.2 Motor Fuels $62.9 02-2 08 0133102 fuel Total E EN'S DIRECT SERVICE, INC. $800.84 I *Tubli Data\City Coon il% ouneil Packet lnforrnation1200 102-1 -0 102 19 200 -E-1 Payment Posted Bat h.do .rtf Page 3 of 7 Agenda tt in No. 8aE*1 a Meeting Date February 19, 200 Mayor and Council Communication — February 19, 200 Finance — Payment of Claims Check Amt Invoice Comment 10100 Premier Bank Paid hk# 025339 2/19/2008 EMERGENCY APPARATUS M 1TD E 10 1 -4200-404 F epairl aint-11llaoh1nery/Equip 1 F298.59 34510 Fire Crept Air Brake Antifreeze Total EMERGENCY APPARATUS MNTC $1,2�98. 9 Paid Chk# 025340 2/19/2008 ENGINEERING IN MEF I A, IN E 601-49450-210 Operating Supplies (GENERAL) $496.00 8148 elements and lime away E 01-494 0-210 Operating Supplies (GENERAL) $28.91 8163 Freight Total ENGINEERING AME I A, INC$52 .91 Paid Chk# 025341 2/19/2008 FYD E 101-4 000- 98 Pledges & Contributions $42500.00 02-2008 First Half of 2008 FYY Total FY $4,500.O0 PaidChk# 02 342 2/19/2008 HEALTH PARTNERS 1 1-21706 Group Insurance Payable $2,267.45 2915 676 Ernp Health & Dental Ins ernp po E 101-43100-130 Employer Paid Ins (GENERAL) $1,566.40 29156676 Emp Health & Dental Ins E 101-4140 -131 Employer Paid Health $1,434.25 29156676 Emp Health & Dental Ins E 101-46100-130 Employer Paid Ins (GENERAL) $ 83.46 29156676 Ernp Health & Dental Ins E 161- 0 -136 Employer Paid Ins (GENERAL) $2)075.89 2 1 66 6 Emp Health & Dental Ins E 101 -4100-131 Employer Pared Health $556.77 29156676 Emp Health & Dental Ins E 602-49400-130 Employer Paid Ins (GENERAL) $92 -66 29156676 Emp Health & Dental Ins E 01- 94 0-130 Employer Paid Ins (GENERAL) $1, 07.07 29156676 Emp Health & Dental Ins E 1 d1-41 60-131 Employer Paid Health $7 8.16 29156676 Emp Health & Dental Ins Total HEALTH PARTNERS $11,78 .11 Paid Chk# 02 343 2/19/2008 HENRYS HATER OR , IN E O2-49400-407 P1 i - Water Mains $164.1512198 repair clamp for DI/Cl Total HENRYS WATERWORKS, , INC$1 4.1 Paid Chk# 02 344 2/1912008 HOGLUND BUS COMPANY E 101-42000-404 I epair1111laint - Machinery/Equip $181.66 531810 Total HOGLUND BUS COMPANY $181.66 Paid Dhk# 0 534 2/1912008 INSTRUMENT UMENT NTT L SYSTEMS E 601-494 0- 4 F epair/Maint - Machinery/Equip $615.68 11706 Total INTERMENT CONTROL SYSTEMS $61 .68 Paid Chk# 02834 2/19/2008 LII D TROM2 J HN A. - E 101-426 6-11 '1 Other (Fire.AdMin) $1 4.00 08011 Total LIND TROM, JOIN A. $154. 0 Paid Chk# 025347 2/19/2008 MENAR - BUFFALO E 101 -4319-40 F epairl iarint -Buildings $56.43 62- 008 Total , MENARD -BUFFALO $ 6.43 Paid Dhk# 025348 2/19/2008 MIDSTATES EQUIPMENT & SUPPLY E 101-43100-4 0 F pair/Malnt - Paged fed $5,269.46 28019 Total MIDSTATES EQUIPMENT & SUPPLY $,269.46 Fire Dept halve avit y's Lift station heater Fire Dept - Field inspections Invoices 9837 & 96613 shelf, MaxweII Nuvo Crack Sealantwit M: \Pub I c Data\C ity Coun GiI\ oun ci1 Pa k t informat i n1 90 \02-19-0 1 2 19 200 8 8 -E-X Payment Posted Bat h. d o c.rtf Page 4 of 7 Benda horn No. 89EL Meeting Date February 19, 200 Mayor and Council Communication - February. 1 ,. 2008 Finance --- Payment of Claims Page 5 of 7 � /r/M ■Y //Mi�4r iii __ IYiYi�iigiMi�ilil�gq�� Ui��Y. Check Arnt Invoice Comment 10100 PremierBank Paid Chk# 026349 2/19/2008 MI BEST BUS PARTS INC E 101-42000-404 Repair/Maint -Mach inery/Eq a ip $8.95 12693 Total MIDWE T BUS PARTS INC$8.9 Paid Chk# 025350 2/1912008 I III LIFE E 1 1-41400-131 Employer Paid Health $6. 0 208 E 101-41300-131 Employer Paid Health $14.10 208 E 'I 01-4510 -130 Employer Paid Ins (GENERAL) $5.40 208 101 -21710 Other Deducations $ .50 208 E 101-431 0-130 Employer Paid Ins (GENERAL) $9.00 208 E 1 1-42400-130 - Employer Paid In s (GENERAL) $9.15 208 E 602-494 0-130 Employer Paid Ins (GENERAL) $5.65 208 E 01-49450-130 Employer Paid, Ins (GENERAL) $1 .95 208 E 101-41500-1 1 Employer Paid Health $4. 5 208 E 1 1-42400-130 Employer Paid Ins (GENERAL) $67.95 22008 E 101-414 0-131 Employer Paid Health $22.80 22008 E 101-41500-131 Employer Paid Health $ 5. 2 22008 E 101-41300-131 Employer Paid Health $54.29 22008 E 601-494 0-130 Employer Paid Iris (GENERAL.) $46.84 22008 E 101-43100-130 Employer Paid Ins (GENERAL) AL $49.17 22008 E 101-45100-130 Employer Paid Ins GENERAL $19.55 22008 E 602-494 0-130 Employer Paid Ins (GENERAL) $20.76 2 200 Total M11 LIFE $389.18 Paid Chk# 025351 2/19/2008 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $24-32 1605 E 101-41400-413 Office Equipment Rental $130.78 1606 E 101-41400-413 Office Equipment Rental $164.81 167 Total MINNESOTA COPY.SYSTEMS $319.91 Paid Chk# 025352 2/19/2008 MINNE OTA STATE COMMUNITY E 101-42000-2 8 Training and Instruction $260.00 62-�2008 Total MINNE OTA STAVE COMMUNITY $260.00 Paid Chk# 025353 2/19/2008 MOON MOTORS E 101-4 100-404 F pair/Maint - Machinery/Equip Total MOON MOTORS Paid Chk# 025354 2/19/2008 MTI DISTRIBUTING, INC. E 1- 1-45100-404 R pair#i111aint - Machiner /Equip Total MTI DISTRIBUTING, INC. PaidChk#,02 355 2/19/2008 N . A. C, E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 1 1-41915-3 6 Planning Fees E 1 1-41915-306 Planning Fees E 101-41916-306 Planning Fees E 101-41915- � Planning Fees Total N.A. C. $1 1.16 4355755 $131.16 $ 5.22 606023- 0 $55.22 ($26. 0) 02-2008 $40.50 17250 40,50 ,17250 $677.31 17250 $40.50 17250 $964.12 17250 27.00 17250 $1, 763.93 - Fire Dept Positive seal clamp Ernp life Ins Emp Life Iris Emp Life Ins Emp Life Ins Emp pert Emp Life Ins Emp Life Iris Emp Life Ins Emp Life In Emp Life Ins Emp STDfis Ins Emp STDis Ins Emp STDis Ins Emp STDis Ins Emp STDis Ins Emp STDis Ins Emp STDiIns Emp STDis Ins Copier Contract BAN Copier Contract - BNV Copier Contract - Color Fire Dept Training 318/08 Fire Engine housing, epa fan housin Bearing ams, seal -ail wheel en Credit in 16799 915107 Blaine' Neimayer Plat/Rezoning . Shoppes of Prairie Run Land Sa Animal Clinic Marketplace Restaurant Site PI Cedar Creek Golf Course Dorninium Tc nhom s PLJD Paid Chk# 25356 2/19/2008 NAPA AUTO PARTS - ROGERS E 101-43100-215 Shop Supplies $14.21 417196 O Ring Kit Total NPA AUTO PARTS - RER $14.21 M'\Publi D t l ity Coun ill oun it Packet information\ 00 102-1 -0 10 19 2008-E-1 Payment Posted 1 at h.do .rtf Agenda Item No-8 * E � I . Meeting Date February 19, 200 4 Mayor and Council Communication — February 19, 2008 Finance — Payment of Claims Page 6 of '7 Check Amt Invoice Comment 1 100 Pre ler Bank Paid hk# 25 57 2/19/2008 NORTH AME} I AN CLEANING CORP E 161-41940-405 I epair/Maint -Buildings $396.22 36799 January Fire Dept - January E 101-42000-405 I epair/Maint - Buildings $161.84 36799 January City hail Total NORTH AMERICAN CLEANING CORP $558-06 Paid Chk# 025358 2119/2008 NORTHERN TOOL & EQUIPMENT E 101-420 -200 Office Supplies (GENERAL) $341.27 019123 324 Fire Dept 1 3/4 impact wrench E 101-43100-215 Slop Supplies $19.72 0191237325 Oil Filter Plier, 5 pe Snap Ili Total NORTHERN N TOOL & EQUIPMENT $360.99 Paid Chk# 025359 2/19/2008 NORTHERN THERN WATERWORKS E 602-4940,.0-208 Training and Instruction $60.00 s01127899.061 Locator Training Course {one d Total NORTHERN WATERWORKS W RKS 60.00 Paid Chk# 025360 2/19/2008 ONVOY, INC. E 101-42000-321 Telephone $84.29 62-2008 Data Network E 1 1-431 0-321 Telephone $84.29 2-2008 Data Network E 101-424 0-3 1 Telephone $242.82 02-2668- Data Network E 101-4194 - 21 Telephone $772. 96 6 -200 D to Network E 602-49400-321 Telephone $36.12 2-2008 Data Network E 01-49450-321 Telephone $36.12 2-2008 Data Network. Total ONVOY, INC. $1,256. 0 Paid Chk# 025361 2119/2008 POSTMASTER E 101-41400-413 Office Equipment Rental $3 0,00 02-2008 2108 - 2199 permits 2 and 7 Total POSTMASTER $350. 0 Paid Chk# 025362 2/19/2008 RAPIT PRINTING E 101-41100-300 Professional Sry (GENERAL) $1,203.58 59847 8 page newsletter Total RAPIT PRINTING $1,203.58 Paid Chk# 025363 2119/2008 S & T OFFICE PRODUCTS E 101-42400-200 Office Supplies (GENERAL) $99.07 01M11189 D mo labors, laminate, red pen E 101-41400-200 Office Supplies (GENERAL) 12.91 01M11359 6 x 9 envel pes E101-42400-200 Office Supplies (GENERAL) $70.59 01 1113193 9 12 and !Oxl3envelopes, t E 1 1-42000-200 Office Supplies (GENERAL) $40.26 01 IVI1 3193 9 x 12, 10 x 13 envelopes, tri E 1 1-414 -200 Office Supplies (GENERAL) AL $77.27 01-M13193 9 x 12 and 161 c3 envelopes, tr Total S & T OFFICE PRODUCTS $ 00.10 Paid Chk# 025364 2/19/2008 SAFETY TRAIN E 101-43100-433 Dues and Subscriptions $450.00 022008 Manual update 1/22/2008 Total SAFETY TRAIN $450.00 Paid Chk# 026365 2/19/2008 T C HOMES, INC 101-22800 Landscaping Escrow $3,000.00 02-2 08 Escrow refund 5201 Kalenda Cou Total T C HOMES, INC,000.00 Laid Chk# 025366 2/19/2008 USA BLUE BOOR E 601-49450-587 1 - Tools $752.26 522909 Cherne Air Look Back Plug E 601-49450-5 7 1 - Tools $894.02 525812 Biosysterns Multi Pro 4 Gas Det Total USA BLUE BOON $1,646.2 :\Publi Data\City CouneihCouncil Packet infonnation1200 102-1 -8 10 19 200 -E-1 Payment Posted Bat h.dc .rtf Agenda Item No. 8*]E*l, Meeting Date February 19, 200 5 Mayor and Council Com' mu i a ion --- February 19, 200 Finance -- Payment Claim Page 7 of 7 Check Arnt Invoice Comment 10100 Premier Bank Parid hk # 0 53 7 - 2119/2 08 WASTE MANAGEMENT E 101-41940-384 Refuse/Garbage Disposal $ 9. 3 1 531 1-1593- February 2008 ervic E 1 1-4510 -3 4 Refuse/Garbage Disposal $130.50 1763181-1693- February 2008 Service E 01-494 0-384 Refuse/Garbage Disposal $63.02 17 1 1-1593- February 2008 Service E 1 1-41940-384 Defuse/Garbage Disposal $19.04 17 3182-1593- February 2008 service Total -WASTE TE MANAGEMENT $253.44 Paid Ghk# 02 368 2/19/2008 WRIGHT HT UNTY FIRE GRIEF A D E 10 1'-42 00-433 Cues and Subscriptions $150.00 2-2008 Fire Dept 2008 Dues Total WRIGHT COUNTY FIFE CHIEF ASSOC1 0.0 Paid. Chic#. 025369 2/19/2008 WRIGHT RECYCLING 1� 1 1-4320 -3 8 Recycling Contract Fee $3, 10.70 2-2 1 ! F 1 /17, 1131 recylcing Total WRIGHT RECYCLING $3,710.7 Paid Chk# 025370 2/19/2008 XCEL ENERGY E 6 1-4945 -381 Electric Utilities $66. 6 2-20 8 5900 County lid 18 Unit Sever E 101-41 0-381 Electric Utilities $3 . 4 209055693 5700 LaBeaux Ave NE Signal uni .E 101-41940-381 Electric Utilities $4.05 209344339 10820 I antar Court NE E 1 1-4316 -381 Electric Utilities - $6,051.44 209344348 113 07 - 2102/07 service E 101 -4316-381 Electric Utilities $ 0.31 210038686 11760 County Road 37 Unit Sign E 101-41940-381 Electric Utilities $1,14 -84 21 09069 1/8108 - 2/06/08 service E 101 -4194-3 1 Electric Utilities $23.97 210164449 5998 LaBe'a'ux.Avenue NE Directi a - Total XCEL ENERGY $ ,360.31 . Fund Summary 1 1 E IEI AL FUND 43 PRAIRIE RUN 482 CITY HALL 43 CASH 19 & 57th Intersection 494 CSAH 19 & 50th St. (South 19 49 Lachman Ave 61 SEINED FUND 602 WATER FUND 604 STORM WATER Tota I 10100 Pr mlerBanlk $2 3, 29.15 10100 Premier Banc $6 , 84.06 280.0 $1,19 -00 $72.50 $3,677.50 $177,310.40 $7,897.80 $3,79.73 $1$274.78 $263,529.15 M:1Publie atal ity CounGII\Council Packet infonnatioti1200810-19-0810 19 200 - -1 Payment Posted l akteh.doe.rtf Agenda Item . S.Eo l o Meeting lute February 19, 2008 6 �bcrtvilie Mayor and Council Communication s,nar Tom u&n. wo aw uhw. February 12, 2008 SUBJECT:. 0 i - 2008 CORPoRATF, AUTHORIZED SIGNERS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve Resolution No. 2008-0 8 entitled a Resolution Making Appointments to Corporate Authorized Signers for the City of Albertville for the Year 2008, which has been prepared by the City Clerk and submitted by the Finance- Director. BACKGROUND: In 200the City C until appointed Corporate Authorized signers for the City f Albertville for the Year 2007. Staff realized ii the audit p ures a need to updatethe Corporate Authorized Signers for 2008; therefore prepared the attached resolution for Council's review. KEY ISSUES: It is the Cit 's policy to preview, appoint, and approve Resolutions that -have been prepared and submitted by the staff. POLICY CONSI EA RATIONS: It is at the discretion 'of the Mayor and City Council to review Resolution that have been prepared and submitted by staff. FINANCIAL CONSIDERATIONS: There. are no financial considerations as'it relates to' approval of the Resolution setting the 2008 Appointments to Corporate Authorized Signers, LEGAL ISSUES: In accordance with Council procedures, the Mayor and Council possess the authority to amend the resolution. Respectfully submitted, C.. Larry euse!' City Administrator Department/Responsible Person:Finance/Tina L r aes, Finance Director Attachments: DRAFT Resolution No. Zoo -008 M:IPublie Data\City CouncihCoun c iI Packet inforination1200 \02-19- 102 19 20 0 8 8 - -2 Finance Res Signer ,do Agenda Item No. 8*E,%2* Meeting Date February 19, 2008 7 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2008-008 A RESOLUTION MAKING APPOINTMENTS TO CORPORATE AUTHORIZED SIGNERS FOR THE CITY OF ALBERTVILLE FOR THE YEAR 2008 WTI RFAS, it 1s the policy oft the .lbt ill City Council t make annual appointmentst assign individuals as corporate authorized signers for the city go ermnent at the beginning of e.ch .dear. WHEREAS, these individuals are authorized to invest for the city during the year in the best interest of the city. NOW, THEREFORE, IT RESOLVED that the City Council of the City of Albertville, County of Wright, State ofMinnesota., establishes the following: 1:1 That the following persons are appointed by the City Council to serve as the corporate authorized signers for the year 200 : MAYOR: ACTING MAYOR: : CITY ADMINISTRATOR: FINANCE DIRECTOR: CITY CLERK: Roy. Klecler LeRoy f erning Larry Kruse Tina Cannes Bridget Miller 2. That such appointment shall take effect on the date thereof and shall continue for the -remainder of the year or until such time as a successor is appointed by the 'City Council. Adopted -this 1 t" day of February 20 - � � y the City Council of the City of Alber-tille. Ron Klecler, Mayor Bridget Miller, City Clerk APubli ata1 luti n 12 l fion \R 2 - (Appointments of Corporate Sig r .do Agenda Item o. &El a Meeting Date February 19, 2008 2 NIbertVille Mayor and Council Communication 3Mai 4atun llvin9. flit tikV Illy. January 1, 2008 SUBJECT: 40 CITY CLERK �T, MI HAEL CATHOLIC CHURCH ONE -DAY LiQuOR LICENSE RECOMMENDATION: This space on the agenda is reserved for .the City Council to review the application request submitted by the St. Michael Catholic Church to sell 3.2% Malt Liquor at the STMA. fee Arena on Saturday, May 3, 2008. It is respectfully requested that the Mayor and Council consider the following motion; Motion to approve the One -Day 3.2% Malt Liquor Licenseapplications submitted by the St. Michael Catholic Church for a fund-raiser to be held on at the STMA Ice Arena on Saturday, May r 3, 2008. BACKGROUND: - Space is reserved on the Council agenda to accommodate -the Mayor and Council to review and ask questions about the gambling and or liquor license applications that are submitted to the City Clerk. KEY ISSUES: Sine about Zoo , the St. Michael Catholic Church has annually submitted an application for a One -Day 3.2% Malt Liquor License for a fund raising event held at'the STMA. Ice Arena, which is located within the .Albertville city limits. It is the Cit 's policy to review and approve liquor license application to the sell 3.2% Malt Liquor at everts held within the Albertville city limits and on City property. POLICY CONSIDERATIONS: The Mayor and City Council review applications for Gambling Permits and Liquor Licenses within the l ert ille city limits. FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for a gambling permit; however there is financial revenue collected from the applicant for liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and direct staff to take action regarding all gambling permit and liquor license applications received by the City of Albertville. espectfull submitted, Larry R. use City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: none M:Tubli c D ata\C ity Couneill ouneiI Paeket inform ation12008\02-1 -0 8\02 19 200 8 8 -F-I St Mi chael Church 1-day Liquor Li cen se. do Agenda Item No. 841*vo Meeting Tate February 19, 2 08 0 �ber,tvi"lle Mayor and Council Communication lntuY 4awn IkMo. Bia ON i7h. February 13, 200 SUBJECT: PLAITING — P IL 1 ORRI ALBERTVILLE MARKETPLACE FOR A SITE AND BUIL.DI T PLA REVIEW Fold A RESTAURANT ON BLOC 1 LoT` of AL T ILL MARKETPLACE PLA.0 AND A, SMALLER RETAILBUILDING'ON LOT I RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve the Site and Building flan of the proposed restaurant and a smaller two tenant retail building and Resolution No. o -0 9 entitled a Resolution Approving a Site and Building Flan Review for the Albertville Marketplace Located at the Corner of CSAH 37 and Interstate within. the City of Albertville. BACKGROUND: Phil Morris has applied for a site and building plan review to alter two lots of the Albertville Marketplace development. Lot 4 is to include a large restaurant and Lot f is to e a small two --tenant retail building. KEY ISSUES: ' Council will need to approve the building elevations. The number and size if the building signs skull meet the requirements of the zoning ordinance. The buildings must meet all fire regulations asspecified by the City Engineer. POLICY CONSIDERATIONS: 'while the change in- building size alters the site layout the uses will not overburden the site or city services. FINANCIAL CONSIDERATIONS: There are no financial implications from this request. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve or den the site and -building plan review. Respectfully submitted . Larry R. use City Administrator Department/Responsible Person: Planning and Zoning/Alan Brixius City Manner ttaehments *, Northwest Assoeiated Consultants' Recommendation and Resolution No. 200 8 - 00 APubli D t l ity CoundhCouncil Packet informationl20 102-19- 8102 19 200 8-6-1 A1bertvi11eMktp1cCCMemo 02-13-08.doc Agenda Item o. &G.l . Meeting Date February 1, 20 ;� 1 HaRrIAW44T A.4,14octALTAIM oo Olson Memorial- Highway,, Suite 202, Golden l l y, MN 55422 Telephone: 703.2:31.2555 Facsimile, 763.231'.2B61 plane r rg?l ni m MEMORANDUM To: Larry Kruse FROM: ..Cassie S humaw her-Georgopoulo /Alan Brixiu DATE: an ry 13, 200 E: Albertville — Albertville Marketplace Site and Building Plan Review ie FILE: 163.0 —07-17 BACKGROUND Phil Morris, along with his development team,' has submitted an application for ar site and building plan review of reprised plans for the Albertville Marketplace. The PUD CUP was approved on April 2, 2007 with the condition that any modifications to the PUD that changes the building sizes by more than 10%, site. circulation, or on site perking would require a site and building plan review by the Planning Commission and City Council. The property is located in the southeast quadrant of CSAH 37 and Interstate 94. The resubmission includes ar reprised site plan, landscape larn, and radin' plan. The reprised site plan is proposing to alter the building size and arrangements on Lots 1 and to allow a larrger building for e reta�ura�t and reduction in the shopping center. building to balance the parking area between the two sites. The buildings are proposed to be one'restaurants and to multiple tenant retail building. The larger retarure.nt on Lot 4, Building C is shown as 7,300square feet. The smaller multiple tenant retail building on Lot 1, Building B is shorn as 4,460square feet. The larger building on Lot 1, Building A is proposed to be 8,200 square meet, Attached For Reference Exhibit Site Plan. Exhibit B Priginal Site Plan Exhibit C Landscape Plan Exhibit D Grading Plan Exhibit E Utility Plan Exhibit F Building Elevations Exhibit G&H Emma Krube's Building Elevations M:Tublie ] atal ity CounciWouncil Packet inforination1200 \ 2-1 -08\02 19 2008 8-0-1 Albertville Marketplace (PhilMorris) 01-1 -0 .doe Agenda Item No. . G . Meeting Date February 19, 2008 Mayor and Council Communication -- January 13, 2008 City Planner.— Al.bertville Marketplace Page 2 of Lot 1 Building and Buildi Building A and B are proposed to be a mix of r t it and restaurant - tenants. The reconfiguration of the bdildings meets the setback rquirrnnts of the Zoning Ordinance. Building A is to remain the same size as the ,originally app'r val in 2006. The building has been designated for multiple tenant retail with a drive through on the west side. Loading for the building is shown at the northeast corner. A tram enclosure is not shown specifically for the building and it was said Building and B were to share trash facilities. Because the trash enclosure for Building B is'proposed to be within the building, Building A should have a trash enclosure separate from [wilding B. Building. B is shown to be decreasing in size from the originally approved 7,400sqft building to a,,6 sq-ft building. The building is a multiple tenant retail building with a restaurant r food service option and a drive through and menu board on the north and vest side. The trash enclosure originally outside of the building has now .been placed inside the building with an access drive on the north side. The island separating the drive through lane from the one war traffic should be reduced in size at the east end to allover great maneuverability for garbage trek to access the tr sh enclosure without disrupting traffic. loading access for building B has not been specified on the plan. Tne north and west sides of the Lot 1 are signed for one-way traffic circulation heading west and south for adequate drive -through circulation. The parking lot i.S designed and sized to have full traffic circulation, The reorganization of the site has altered the number of parking stalls required and proposed. The original configuration showed 77 stalls. The resubmitted' plans require 22 stalls when Building B i calculated as a retail building-. The site plan for Lot 1 provides 89 total parking stalls between the two buildings. Between the two buildings the lot requires 59 parking 'stalls resulting in the excess of 30 stalls. Lot 4 Build A possible restaurant tenant has been working with the development tern to occupy Building C. In order for the building to meet the requirements f the tenant a larger building is being. proposed. Original plans show the' building to b 5,600sqft. The revised site plan shows 'a 7,30sgft building with expansion of the original b'uildinrg to the south. The trash enclosure has been moved from the interior of the building to the east side adjacent to the loading zone. The original plans provided- 87 parking stalls. The expansion of the building reduces the provided numb r to 80 stalls. Calculating the restaurant as 1 3 kitchen and 2 3 dining area would require 137 .stalls in an 'ordinary B-3 development. Staff understands the number of parking stall required could change based on the submittal of detailed floor plans: Cross easements have been established betw n the lots; how ver,'7 2 additional stalls would still be required bY ordinance. Planning Commission n and City Council should comment on if they'feel the reduction in stalls still - provides adequate paring for the use. .Tu lie I atal it-y CouneffiCouncil Packet information12008102-19-08102 19 2008 - -1 Albertville Marketplace tplaee (Phil Morris) 01-13-08.do Agendaltem o. &G-A Meetin Kato February 19, 2 08 33 Mayor and Coundl Communication'— January 13, 200 City P a ner — Albertvi'lle Marketplace Page 3 of 4 E ildin Elevations. Architectural design standards and guidelines were submitted as part of the original proposed building elevation drawings. The primary exterior building materials will be brick, EFis and rock face block in earth tone colors. Those design standards and guidelines were made a part of tine' P [ --CUP Development Agreement and- all buildings within the Albertville Marketplace development shall -meet these standards. Each building, prior to issuance, of a building permit, shall be reviewed by City Staff. At the request of the City Council the applicant has submitted architectural elevations for the restaurant on Block I Lot 4. The materials of the fagade are noted as -EFIS, brick, masonry and architectural windows. The Architect has specified that the colors of the building will be red and tan. The developer's agreement required all four sides of the building be faced with no less than brick, stone, etc excluding .the windows. , The .submitted elevations meet the requirements of the agreement. Building signs are still to be determined; however, r, the number and size if the signs shall meet the requirements of the zoning ordinance. LeIndscape Plan. The landscape plan meets the requirements of the ordinance, Between the two -changing lots 28 trees have been proposed along with a variety of shrubs. The changes in the landscape plan are concurrent with the building changes. RECOMMENDATION Based on the review of the submitted plans plan dated August 1, 2007 City Staff recommends approval the revise site plans for Albertville Marketplace Block 1 Lot 1 'and Lot with the following conditions: 1. Building elevation shall be submitted to City staff for approval prig to obtaining a building permit. The elevations shall meet the architectural standards approved with the initial proposal. 2. A trash enclosure for Building A shall be provided. 3. The island separating the drive through lane from the one viaY traffic should b reduced in size at the east end to allow great naneuv rability for garbage truck to access the trash enclosure without disrupting traffic. . The number .and size if the building signs shall meet the requirements of the - zoning ordinance. MAPubli Data\ it ouneffi oiincil -Packet information120= 2-19-08102 19 2008 8- -1 Albertville Marketplace (Phil Morris) 0 1- 13-08.do Agenda Item No. &G.4,ie Meeting Date February 19, 2008 4 Mayor and Council Communication — January 13, 2008 City Planner — Albertville Marketplace Tage 4, of 4 . The grading plan shall be r vi wd and approved by the City n in r. . Mike Courl, City Attorney Bridget Miller, City Clerk Adam Nafstad,, City Engineer Jon Sutherland, Building Official Linda Fisher, Larkin Hoffman Daly,& Lindgren Ltd. Shari Ahrens,, Westwood Professional Services, Inc. Neil Weber, Weber Architects & Planners WPMie t at \City ouneil\Council Packet _inform Lion\2 0 \02-1 -0 10 19 20 -fix-1 Albeirtville Marketplace (Phil Morris) 1-1 -0&dot Agenda Item No. 8*G*lw Meeting Date February 19,2008 5 . . CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA RESOLUTION NO., 2008-009 APPROVING A SITE AND BUILDING PLAN REVIEW FOR THE AL EFT ILLE MARKETPLACE LOCATED AT THE CORNER EF F CS H 37 AND INTERSTATE WITHIN THE CITY F AL E T ILLE WHEREAS, Property owner Phil Morris and his development team have submitted an application for a site and building plan review legally described as follows; and Block I Lott and Block 1 Lot 4 of Albertville Market Place Addition WHEREAS, City staff has reviewed submitted plans and prepared a planning report dated September 6, 2007;'and WHEREAS, the Albertville' City Council met on October'1 , 2007 to considerth Albertville Marketplace Site and Building Plan Review application; and WHEREAS, the Albertville City Council has received the Albertville Marketplace tpla - -application, revised Developer plans dated August 22, 2007, staff review documents, and the Planning Commission recommendation, and agrees with the findings and recommendation f the Planning Commission. NOW,- THEREFORE r E E IT RESOLVED, LV'ED, that the City Council of Albertville, Minnesota hereby approves the site and building plan rviw for the Albertville Marketplace subject to the attached Findings of Facts and Decision. Findings Fact: Based on review f the evidence received, the City Council now makes the following finding offact and derision: A. The site legally described as'Black 1 Lot I and B-lock Lot 4 Albertville Market Place. B. The planning report dated September } 2007 from Northwest Associated Cnsultants'is incorporated herein. C. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. D. Traffic generated. by the proposed use is within capabilities of streets serving the property as proposed. WNW Data\ ity CounciWouncil Fa ket inf'brma ion1 0 �0 -1 -0 1 19 2008- -1 Alba+ Mktple Res F ofFacts 0 1-1 -08.doc Agenda Item No. 8.G.61, Meeting Date February 19, 2008 Mayor and Council Communication — January 13, 2008 City Planner r -- os lutio No, 2 0 -099 Page f 3 E. The requirements of the Albertville Zoning Qrdinance have been. reviewed in relation to the proposed use. F. The proposed. actions have been considered in relation to the specific policies and provisions of and have been found to be'consistent with the Comprehensive Plan. G. The subject site is zoned -3t Highway Commercial District. The proposed use is consistent with permitted uses within the B-3 District and will be compatible with present and future land uses of the surrounding area. H. The proposed use conforms to applicable Zoning Ordinance performance standards and approved planned unit development standards. I. The proposed use will . not tend to or actually depreciate the area in which h it i proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council hereby APPROVES.the site and building plans based on the most current plans received August 22, 2007 and information received to date, subject to the following conditions: 1. uildin elevation -shall be submitted to City Staff for approval prior to obtaining a building permit. The elevations shall meet the architectural standards approved with -the initial proposal. 2. A trash -enclosure for Building A shall be noted as in the interior of the building. 3. The island separating the drive through lane from the one dray traffic should be reduced in size at the east end to allow great maneuverability for garbage truck to access the trash enclosure without disrupting traffic. .. The number and size if the building signs shall meet the requirements of the zoning ordinance. . The City E-n ineer ommerts shall be complied with as follows: a. In general, the plans are acceptable from an engineering standpoint and are consistent with the previously approved development plans, . The grad_ing and drainage plan suitably accommodates the revisions to buildings `' and ;C' and the revised parking and circulation layout. . All buildings will be required to have sprinkling type fire protection. Separate water shutoffs and services (external to the buildings) for the fire line and for the domestic line gill be required. Both shutoffs shall be within drainage and utility easements. M.TubIie D ata\C ity Couneill ounciI Packet inform ationl20 0 8\02-1 -0 1 2 19 200 8 8 - --1 AJbt Mktp] c Res F ofFacts 01-1 -0 8.doe Agenda Item No. .G* * Me tifig Date February 19, 2008 Mayor and Council Communication — January '13, 2008 City Planner — Resolution No. 200 -00 Page 3 of 3 d. All buildings will require a Fire Department Connection (FDC). The location of the FDC shall bewithln 1 '. f a hydrant and as required by Fire Chief. . The Developer shall be responsible for all construction permits required for the. improvements (s nit rry, water, storm water, etc.). copy of all permits shall be submitted to the City prior to the commencement of work. Adopted by the Albertville City Council this 'I th day of February, 2008. City of Albertville By: Attest6 ion Kfkr# Mayor Bridget Miller, pity Clerk� M:TubIi c Data\City CouneiI\ oun iI Packet inform tionl2 \ 2-19-0 102 19 2 00 8 8 - 6 -1 Albty Mktple Res F ofFacts 1-1 -0 . d oe Agenda Item No. Meeting Date February 1, 200 IR�NES TA DEPARTMENT OF HEALTH Division of Environmental Health F REPORT ON PLANS Plans and specifications on crat rmaiu: Albertville Marketplace, Albertville, Wright County, Minnesota, . Plan No. 080285` 'N .S IP: City of Aib rt flle, Ms. Bridget Miller, Clerk, Albertville City Hall, 5959 Main' Avenue .'Northeast -Aiertvili Mimeota 0 . � � 1 976 S Mn' S : Westwood Professional Services, Inc., c Anagram Ms, Gretchen Landi i, 7 99 Ana Drive, Edon Prairie, Minnesota 55344, Pleas Dated; - Date Received: September 4, 2007 Date Reviewed: September 17; 2007 SCOPE: This report carers the design of this project insofar as the safety, and sanitary quality of the water for public consumption may be affected, and asp li s to this project only and not to the entire system or any other part thereof, The examination of l-ns is based upon the supposition that the data on which the design is based are coil ct,,and that necessary legal authority has been obtained to con- st-ruet the project. The respon ibility for the design f structural features and the efficiency of equipment must e taken by the p ojoct designer'. Approval is coiifingent upon satisfactory disposition of any requirements included with this report. Water supply plans are examined with regard to the location, construction and Operational features of the design. and maintenance of all part - of the system which may affect the. safety and sanitary quality. of the water. Examination is based on the standards of this d partment. This 'project consists of the installation of the following w t remains: 1. hhea'- et 6-inch PVC a ti t r ain. 2. 2,036 lineal feet of -inch PVC plastic watermain. RE, QUIREMENT S : - 1. It is understood that the installation will be in accordance with previously roved specifications for the city of Albertville, Minnesota. 2. 'It is understood that the installation will be in accordance with previously approved City Engineers Association of Minnesota water ain Specifications, 1999 edition. COMPLIANCE: No construction shall take place except in accordance with the-approv d plans. If it is desired to rake deviations from the approved plans, the State Department of Health should be consulted and approval of the changes obtained .before construction is started; otherwise, such construction is iinstalled without proper approval, and in addition may create dangers to public health. h" Mk It G 0, Alb rtbiiie Marketplaw Watrain Plan No. 080285 'age 2 September 18, 2007 Authwization for construction in accordance with the approved plans may be withdrawn if construction is not undertaken within a period of two years. The fact that the plans ba o been approved does not ne s a ily mean that rcoommendations or r quirem is for cbahge will not be made at somo later time when o an ed conditions, additional information, or advan d knowledge make improvernents necessary. Approved: Lucas A. Martin Robert H. Smude, P.E. Public Health engineer Public Health Engineer ` Section of Drinking Water Protection Section of Drinking Water Protection P.O. Box 64975 P.O. Box 64975 St. Paul, Minnesota 51 4- 975 St. Paul, Minnesota 55 4- 9' 5 6 i 20 1 -5 1 o 1 2i1 477 M:RHS;p c ; City of Albertville Westwood Professional Services, Inc. File August 23, 2007LD SAP — 4 2007 TArian Noma PUBLIC WATER SUPPLY Minnesota Department of Health Environmental Health services Section Westwood 121 East Seventh Place, Suite 220 P.O. Box 54975 St. Paul, MN 55164-0975 Re: Albertville Marketplace Albertville, Minnesota Project No, 20051047.00 Dear Brian: 0 r Westwood Professional Services 7699 Anagra m Orive Eden Wakfe, MN 55344 MARE? 5 -937-5150 f A X952-937-5822 TQ�L FREE 1.88 .937.51 0 FAlt ps est oodps.com www,westwaodps.com .n osed please find a Utility Plan for the onstruc ion'o ` water main in the above referencedr project for your review and approval. Also included is a e ee for $150.00 for the plan review fee. The Albertville Marketplace pro eet includes the following: 2 ' — 2" Copper Service o ' — " C900 PVC 203 ' — 811, C9 0 PVC The proposed water main is to become partially part of the City water systems and partially part of the -private water system.. All materials and construction will be in accordance with the Standard Utilifty Specifications 'prepared by the City non is Association of Minnesota and in accordance with City Standards, Please contact me at 952-906-7480 if further information is required or if you have any questions. Sincerely, WESTWOOD PROFESSIONAL SERVICES, INC. Gretchen Landint", P Project Manager enclosures ec: Phil Morris tbr Q m x :r "A cr ome fq� hV WEST ELEVATION NORTH ELEVATION IES ALBERNILLE BRICK MASONRY Mr arohitelots planners 2280 Waltelown Aoad, Lw. g Lake. 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Consulting Engineers & Surveyors 7533 Sunwaod Drive •Suite 206 •Ramsey, MN 55303 Phone (763) 433-2851 •FAX (763) 427-0$33 MEMORANDUM Date: February 11, 200 To: The Honorable Mayor and City Council Cc: Larry Kruse, Albertville City Administrator From: Adam Nafstad, P.E., Assistant City Engineer Subject: Project Status Update The following is a brief prof ect status update as of February 11, 200 1. 2008Municipal State Ail System MSAS The City's 2007 Certification of Mileage has been submitted to MnDOT State -aid Staff. Staff is currently reviewing the Cit 's MSAS program to determine the new Stateaid designations and has begun working on the 2008 Needs Status Report, 2. South Project th Street NE to Albertville Southerly Limits Streetlights have been installed and are expected to be operational the week of February I th. In the spring the County will conduct the final walk-through of the project and all remaining punchlist items will be completed. 3. Outlet Mall Berms The outlet Mall has received bids to relocate the stockpiles located at the west side o the property and correct mitigation requirements of the site. The Chelsea Group has the bias and is in the process of reviewing. Staff is expecting to hear from outlet Mall representatives regarding their intentions to correct the mitigation violations and move the material. . Miscellaneous Stormwater Related Items The City is currently working on several stormwater related matters. The items include the 5 t" Street -NE and Barthel Industrial Drive NE intersection; evaluation of City participation in the National Flood Insurance Program.; planning for continued growth a d development; and needed stormwater management policy and ordinance revisions. Staff is working to develop a plan to prioritize and- address these items in the most cost-effective manor. MAP ubIi Dat l ity Coun cill ouneiI Packet info nnAonl200 10 -1 - 0 8\02 19 200 8 8 -H-1 February 11, 200 8.do Agenda Item No. 8oH* I . Meeting Date February 19, 200 Mayor and Council Communication —February 11, 2008 Assistant Cit , ngiin r Project Status Update Page 2 of . Miller/Niemeyer P o ert , Drainage Issues Staff has been working with the Miller's' -and Tiny. Niemeyer to schedule a meeting to address drainage and development related issues. . Albertville Railroad ExchangePla The preliminary plat has been produced for the City, and the 12 Club to review. . Lachman Avenue NE Extension The County Surveyor has approved the plat and the mylars are now in production. Once the m lars are received, they will be distributed for signatures. The date of recording has yet to be determined. . Sto-P SignsSpeed Study of Kassel Avenue N Staff is working with the City of St. Michael and the Sheriff s department to address the concerns regarding excessive speed on Al ertville's Kassel Avenue NE and St. Michael's Underwood Lane. 9, .2008 City Maps Trapping updates -have been complete and are'on hand at City Hall. 2008 maps include: water, sanitary sever, storm sever, street and address, parrs and trails, ' zoning, and subdivisions. 10. Proiects to Resume in the S-orin Lachman Avenue NE Extension ■ City Hall South Parking Lot ■ Phil Morris Lift Station CSAH 19. 01h Street NE Improvements f will be at your February 191h City Council meeting to answer any questions conceming these and/or other projects taking place in town, MANN ic Data\ ity oun ill oun it Parket. information\200810 -19-08102 19 2008-H+1 February 11, 00 .doo Agenda Item No. * - Meet in g Date February 19, 20 0 50 10 A 1bcrtV1 I 14E Mayor and Council Communication 4maM Yown ElvLg. 8tp C1Y 11h. February 14, 200 SUBJECT: 0 LACHMAN AVENUF, ME. AA- ESTIMATE ##1 RECOMMENDATION,* It is respectfully recommended that the Mayor or and Council approve the following motion: Motion to approve Dennis Fehr. Construction Lachman Avenue N.E. Pay Estimate # 1 in the amount of $176,704.65. BACKGROUND: In the Fall of 2007, the City constructed La.chtnan Avenue N.8., between t" Street N.E. and 0" Street N.8,. The original estimated construction cost was 23' 190. Due to soil corrections, the project has increased $53 3011 to an estimated total project cost of $290,20 1. KEY ISSUES: The additional costs are due to the unforeseen soil corrections and the sanitary sewer service change order. P IC ' CONSIDERATIONS : This reduced balance is consistent with the construction contact With Dennis Fehn Construction. FINANCIAL CONSIDERATIONS: The City issued an Assessment Bond for the ro -ec and p J proceeds of that born will be used to finance this payment. LEGAL CONSIDERATIONS: The City has the legal authority and obligation under the Construction Contract to make progress paym nts' as work is completed. Respectfully submitted, Larry e City Ad i trator Depar men sponsible Verson: Finance & Engineering/Tina L nne , Finance Director Adam Nafstad, Assistant City Engineer Attachments: BMf's pay Request Recommendation :IPublie DataCity GUndWoun it Packet information\2 8102-1 - 1 2 19 2008 ZZZ Lachman Avenue Pay Request #1 RCA.da Agenda Item No. &H.2. Meet i n g Date February 19, 2008 !31 Consulting Engineers & Surveyors . 7533 Sunwood Drive •Suite 206 •Ramsey, MN 55303 Phone (763) 433-2851 •FAX (763) 427-0833 February 11, 20 Mr. Larry Kruse, City Administrator City of Albertville 5959 Maim Avenue NE, P.O. Box Albertville, NfN 5501-9 RE:. - Lachman Avenue Improveme is - 2007 City of Albertville, III Contractor's Pay Estimate No. 1 BMX Project No. T 15.216 52 Dear Mr. .ruse; Enclosed please find three copies of Partial Pay Estimate No. 1 for the above referenced project. Paymcnt No. 1 is for work completed througb December 21, 2007,5 including the additional soil orrections and sanitary sewer service change order. Based upon the work completed to date, we recommend payment in the amount of $176,704.65 to Dennis Fehn Gravel and x ating,' Inc.. For your information, it is estimated that the total construction cost of the project will be approximately 29 0 ,2 0 L The original estimated constructi on cost was $2'3 7,19 0, or $5 3 0 11 less than the current projection. The additional costs are due to the unforeseen soil corrections and the sanitary sewer service change order. If everything meets your approval, please sign all three copies, retain one 1 copy, return one 1 copy to our office, and submit one 1 copy along with payment to Dennis Fenn Gravel and Excavating, P Box 256.5 Albertville, NIN 55301. Please contact rue if you have any questions regarding this estimate. Sincerely, B LT N & M NK, INC. Adam Nafst d,' P .B. Project Manager Enclosure MAlPublie Data\ ity CouneffiCouncil Packet inform tion1200 \ 2-19-081 19 2,008 8-H-2 Engineering Lachman Payest Ldo Agenda Item No. 8 - Ho2s Me ti ng Date February X 9, 2008 5 A lbertVille Mayor and Council Communication Sinai town Uv6V. 191; t1lV qhr. S ECT, 10 SHOPPES AT TOWNE LAKES 11 LETTER of CREDIT LOC REDUCTION No. ANT) SHOPPES of ToW E LAKES 11 PAYMENT FOR TURNING LANE IN LiEu OF CONTRACTOR RECOMMENDATION: ATION: It is respectfully requested that the Mayor and Council consider reducing the Letter of Credit for Towne Lakes 11. Motion to reduce the Towne Lakes 11 Letter of Credit No. from $13 5,00o to $ 79IP 700, with -GCI paying the City ofAlbertville $23,500, which the City will escrow to construct the north bound tum lane at a later time,, most likely with the. CSAH 19 improvement. Further, GCI.shall connect and complete the sidewalk it pr vex eats at the intersection. of West La.keto n.e Drive N.E. and the private drive through the Shopper at Towne Lakes- II; and GC1 shall ensure that the drainage out of the Shoppes at Townelakes II site is not dependant upon the turn lane construction and that drainage leaving the site has positive drainage tooff-site storm sewer facilities. BACKGROUND: The City currently holds a letter of credit for the development in the amount $135,000.. This letter of credit was esta lish d as a 2-year warranty security for the municipal improvements of the. plat and as performance security to ensure completion of remaining improvements. ements. To date, the warranty period has passed its 1 year anniversary and we are unaware of any major items in creed of repair. It is recommended that Letter of Credit No. 178 be reduced to no less than $90,700. This reduced balance represents 5%. of the cost of municipal improvements,, $16,400 to account for on -off -site improvements yet to be completed, and $60,000 for landscaping yet to be completed. This reduction is consistent with the development agreement and is believed to be sufficient performance and warranty security. Pqyment In Dieu Turn Lame Construction As a condition of plat approval and as required by the development agreement, the applicant was required to provide additional right-of-way along West La etowne Drive N.E. and construct an additional lane (turn, lane). This widening was required in preparation for a future signal at the West La. et wne Drive N.E. and CSAH 19 intersection, which will be necessary to accommodate the expected traffic as the land areas on the east and west side of CSAH 1 develop. GCI has requested that the City consider a payment for the tum lame in lieu of its construction at this time. 1t is staff s position that the tum lane is not an immediate reed and that future improvements ents to CSAH 19 may disturb or require reworking of a portion of the turn lane. Although the turn lane only constitutes $11,000 of the letter of credit, it is recommended that the City accept no less than a $23,500 as payment for the turn lane in place of its construction. This is the estimated amount that it would cost the City to widen the roadway. M:TubIie TDatal ity Couneill ounoiI Packet inform ationQ008\ 2-1 - 0 8\02 19 200 8 ZZZ S hoppes of Towne sakes Two LOC Red uetion. doe Agenda Item No.8ollo3s. Meeting Date February 19, 2008 Mayor and Council Communication — February 15, 200 Stolrmw ter Related ted issues Page 2 of2 Should the City accept the recommendation to receive payment for the West La etowne Drive N.E. turd lane. in place of its construction, it is recommended that Letter of Credit No. 178 be reduced to no less than $79,700. This annount removes the security requirement of $11,000 currently allocated to the turn lane. Please note that the letter of credit should not be reduced below $90,700 until payment for the turn lane has been received. POLICY CONSIDERATIONS: This reduced balance is consistent with the warranty requirements of the Development Agreement and is believed to be sufficient security for the completion of the remaining. warranty items. FINANCIAL CONSIDERATIONS: There are no financial implications for this request. If the City chooses to accept the $23,500 in lieu. of GC1 constructing the turn lane, those funds will be segregated in a separate fund and made available when the CSAH 19 project is completed. . GAL CONSIDERATIONS: The City has the legal authority under the Development Agreement to retain the $79,700 LOC respectively to warranty the remaining work.' Respectfully submitted, f ' 1 Larry R. use City Administrator Department/Responsible Person: Finance & Engineering/Tina Lannes, Finance Director ,Adam Nafstad, Assistant City Engineer Attachments: Bolton & Men , Inc.'s Recommendation I IAPLiblie Data\City CounoffiCouncil Faucet infonnationl200 \02-19-0 \ 2 19 2008 ZZ7, shopper of Towne Lakes Two LOC 1 eduetion,doe Agenda Item No. 1-1*1 Meeting Date February 1, 2008 �1� Consulting Engineers & Surveyors 7533 Sunwood Drive •Suite 206 •Ramsey, MN 55303 Phone (763) 433-2851 •FAX (763) 427-0833 February 11, 2008 Mr. Lam Kruse, City Administrator City of Albertville 959 Main Avenue NE, P. 0. Box Albertville, MN 55301 1E: Shoppes at Towne Lakes Two Letter of Cr.edit Reduction No. 2 Turn lane. Pay -Off MI Proiect No. T'15.21660 Dear Honorable Mayor and City Council: Granite City Builders, Inc. (GCI) has requested Council consideration of two 2 items. The first item being considered is accepting. payment in lieu of construction of the Vest L k towne Drive NE turn lane. T second request is for a reduction to Letter of Credit No. 178.5 currently in the amount of $135,000. 1, PAYMENT T IN Li u T m LAME CONSTRUCTION As a condition of plat approval 'and. as required by the development agreement, the pp was re applicant required - � to provide additional right-of-way along vest Laketo vne Drive and construct an additional lane (turn lane). This widening was required in preparation for a future signal at the 'Vest Laketvne Drive and CSAH 19 intersection, which will be necessary to accommodate the expected traffic as the land areas on the east and west side of CSAH 19 develop.- OCI has requested that the City consider a p yment for the turn lane in lieu of its construction at this time. It is staff s position that the turn lane is not an immediate need and that Future improvements to ,CSAH 19 may disturb or require reworkxrig of a portion of the turn lane. Although the turn lane only constitutes 1-1,.000 of the letter of credit, it is recommended that the City accept no less than a $23,500 as payment for the turn lane in place of its construction. This is the estimated amount that it would cost the City to *den the -road way. Recognizing no immediate need and the potential benefits of incorporating the road widening into a larger CSAH 19 project, it is recommended that the City accept payxr-.ent of $2 ,500 in lieu of the construction requirement with the following conditions I GC1 shall connect and complete the sidewalk improvements at the intersection of West Laketowne Drive and the private drive through the Shoppes at T'o vnelakes T . 2. GCI shall ensure that the drainage out of the Shoppes at Tovnelkes Two site is not dependant upon the turn lane construction and that drainage leaving the site has positive --drainage to off site storm sever facilities. MAPubli I atal ity CounciKouncil Packet information120081 2-1 -0 102 19 2008 8-H- -a LOC REDUCT 2.do ,Agenda Item No. &HA Meeting DAte, February 19, 2008 55 A�Ibcrtvl'��£ Mayor and Council Communication 3mo� TUirin own p. B1p Ciy 13hl, - February 14, 2008 SUBJECT: Stormwater Related Issues — Committee of the Whole Meeting RECOMMENDATION: It is respectfully requested that the Mayor and Council consider setting a City Council Workshop Date to discuss and review Stormwater related issues. Motion to set a Committee meeting of the Whole immediately following the March 3, 200 Council meeting to discuss Stormwater related issues. BACKGROUND: The City of Albertville is currently working on several Stormwater related matters. The most current of these issues include; 1 the study of the flood prone 541h Street and Barthel Industrial Drive intersection, 2 evaluation of City participation in the rational Flood Insurance Program, gram, planing for continued growth and development, 4 and needed Stormwater management policy and ordinance revisions. Further the 'City Council has expressed concerns about the Otsego Creek watershed, including the area north of the Premium outlet Ill. i 54"' Street N.E. and Barthel Industrial Drive N.E. Intersection s ton Flooding of the intersection has been a common occuiTence, even in smaller events, and property damage has occurred in rain events that typically should not cause problems. In November of 200 , Council authorized Dolton & Menlo, Inc. to study the flood prone intersection and to determine if it could be improved, Bolton & MenMenk has completed the study and has identified an improvement project that would provide 100 year flood protection to the adjacent structures Md intersection drainage that meets toda 's standards for roadway design, 2 National Mood Insurance Program The City has received inquires from its residents regarding why the City does not currently participate ih the N11. Although participation in the program would allow' 'those who desire flood insurance to purchase it, participation may also he a detriment to residents within flood prone areas and are. required to carry expensive coverage. 3) Growth and Development As Albertville Conti . es to grow and more real estate is developed, the' City desires to o all possible to identify and eliminate potential flooding and Stormwater related issues. The City is also obligated through agreements (Otsego Creek and Ditch No. to manage discharge rates to conveyance systems that flow into the neighboring communities. The City strives to identify regional Stormwater management facilities that will maximize usable land. 4 Policy and ordinance Revisions Current Stormwater policy and,ordinances have proved to be inadequate and contradicting to some degree. Through investigation dnd work performed to date regarding Albert villas and Prairie Run, the City has been advised that Stormwater ordinances and City Code should be revised and updated to an acceptable standard. MAPubfi Data\ lty CoiinciACouncil Packet informatioM2008\02-19-08\02 19 2008STorm at r Management Man - Committee of the Whole R A,doc Agenda Item No. :S*H.4* Meet inlate February 19, 200 57 Mayor and Council Communication - February 19, 2008 Engineering- Storm water Related Issues Page 2 of 4 In recent history Albertville has been faced- with several Stormwater related challenges. Larger challenges such as the flooding of Albert villas and Prairie Run litigation have required the City to perform a substantial amount of work that has been very costly to the City. Avarre of the large efforts that have been put forth to date and knowing there are issues that need to be a h-esse , staff believois that now is an opportune time to consider a comprehensive Stormwater Management .t Plan (SWMP). . In the past, Council and staff have discussed the option of preparing a Stormwater management plan, but have questioned the cost -to -benefit .value of such a plan, It is Staff s believe that a SWMP would be a very valuable tool and a cost-effective way to address those four issues mentioned above, package all the work we have done to date, and provride a sound guide to successful development and maintenance of our existing Stormwater infrastructure. Stormwater Management Plan evaluates the current and long-term stormwater needs in a community and recommends a coordinated program of improvements, maintenance programs and policies which will result in an organized stormwater system designed to minimize or eliminate future flooding. Such a plan encourages the installation of site improvements and st rmwat r drainage systems arranged and properly sized for existing and future developments. A plan will identify areas A ithin the community, which should be set aside for stormwater facilities and future improvements such as detention basins, floodplain easements and culvert replacements. The implementation of a Stormwater M na m nt Plan provides a guide to government and real estate developers, and establishes the shape of future drainage infrastructure and planing needs. The plan also helps developed communities identify weak points in the existing system and establish a priority for future corrective action. Without a plan, a. municipality usually lads a cohesive policy and firm direction. This may result in money wasted on improperly located and uncoordinated improvements. and flooding conditions will likely continue to deteriorate as development progresses. One of the most important advantages gained by preparing and implementing a Stormwater Management Plan is the ability to identify future flooding. If modeling is completed in enough detail, future flooding can be identified by determining size, location and elevation of existing drainage structures. Existing and future flow rates are determined based on the drainage area and historical rainfall patterns. This data is then compared to the capacitor of existing facilities. The comparison illustrates those areas of the existing system that are inadequate to accommodate existing and future flood flow. Models of hypothetical improvement scenarios in the entire watershed can then be prepared to determine which combination of future improvements is most cost effective to provide optimum protection. A Stormwater Management Plan provides a basis upon which a community can determine developer's fair share for off -site contributions that may he -required. It is apparent that a. properly MAPublie D tal ity CounciWouncil Pa ket inf rmationl200 102-19-0 102 19 2008 ZZZ STorniwater Management Flan - Committee of the Whole RCA.doc, Agenda Item No. - 8. . * Meeting Date February 19, 200 Mayor and Council Communication — February. 19, Zoo Engineering - Stormwater Related Issues Page 3 of organized Stormwater Management flan will prepare a municipality for all elements and conting neies involving development and growth. If wetland management is 'incorporated into a SWMP, by evaluating the functions and values of retl nds within the City, one can define the quality of the exlsti g wetlands and provide justification for varying degrees of protection a d or impacts. Among the many benefits of an approved wetland management component of a SWMP are. A Determining which wetlands are exceptional in quality and should be protected. B) Allowing greater flexibility in administering the Minnesota ota wetlands Conservation Act. For example, a landovnier or developer may request a decreased wetland buffer in a specific area.. With an approved Wetlands Management Plan, the City could review the quality of the wetland and justify the appropriate iate buffer width used on tie quality of the affected wetland. Q Locating sites for potential wetland enhancement.' This can be used for mitigation purposes where other wetlands in the area must be affected.by needed improvements. D Determining which wetlands nds can be used for Stormwater management gement during extreme rainfall events. In an effort to estimate the cost of such a Stormwater Managementflan, lan, Bolton and Men Inc. has prepared a proposal for a SWMP that is structured to meet the o is and objectives that Staff' g � has identified. The engineering cost associated with the proposed Comprehensive Stormwater Management Plan is approximately $90,000 KEY ISSUES: The City is currently dealing with several issues related to Stop water management. In the recent past, Storinwater issues have created numerous expensive challenges for the cltY. The work on projects such as Prairie Rug., Albert villas and the 'h Street/Barthel intersection combined can be utilized as part of a SWMP. A. SWMP would greatly assist with issues the City is faced with today, as well as, reduce the risk of future flooding. Approximate cost of a comprehensive Storm eater management plan is approximately $903000. Staff is recommending that a Committee of the Whole be scheduled for Council and Staff to, discuss preparing and implementing comprehensive Stormwater management plan. POLICY CONSIDERATIONS: It is the Policy of the City to consider implementation f Comprehensive Planning .ing efforts on a case by case basis. FINANCIAL C NSII 7'IONS: Potential finding sources for a SWMP are: I Stormwater Find 2 Increased Storwater Connection Fees 3) Stormwater Rate Adjustments APubli Data\ ity CounciWouncil Packet infor ationl2008102-19- 102 19 2008 ZZZ STorinwater Management Platy - Committee of the Whole 1A.doo Agenda Item No. @P. o Meeting Date February 19, 200 5 Mayor and C u 11 Communication — February 19, 2008 Engineering - Sorater Related Issues 'age 4 of 4 LEGAL CONSIDERATIONS: The City has the authority to eater into an agreement to complete- a SWMP to establish a Stormwater Plan. Completion of this planning effort may prevent future legal problems such as the City has experienced in Albert villas and Prairie Run Developments by having a comprehensive storrnw' ater management plan. Further, the MPCA has a 30 foot buffer requirement attached to our Wastewater Permit. Implerne .t tion of a SWMP may allow the City to vary (average) wetland buffers to make better us'e of developable land. spetfull . submitted, Larry%R.use City Administrator Department/Responsible Person: Engineering & Finan e/Adam I afst d, Assistant City Engineer/ Tina. Lannes, Finance Director Attachments: Bolton & Menlo, Ine.'s Recommendation APublie ] atal ity CoutieffiCouncil Packet information\2008\02-19-08\02 19 2008 ZZZ sTormwater Management Plan - Committee of the Whole RCA.doc Agenda Mm No. &HA, Meeting late February 19, 2008 ■4 lbertVi"lle Mayor and Council Communication fma6 Tou++n lMhq. Mg l3W 0te. February 14, 200 SUBJECT: 0 QUALITY TjTLE BUILDINGSALE — RELEASE of LOT 1, BL'OCK 5 FROM THE HF,URJNG MEADOWS DEVELOPER AGREEMENT RECOMMENDATION: A.TION: It is respectfully requested that the Mayor and Council move to adopt Resolution No. 200 -0I0 as follows: Motion to approve Resolution No. Zoo -01.o entitled a Resolution Releasing Lot 1, Block 5, euring Meadows from the obligations of Developer's Agreement; according to the plat of record on file in the Wright County Recorder's f ce, from the provisions of the Developer" Agreement recorded as document number 737923 in the Wright County Recorder's Office, Wright County. BACKGROUND: - On April 16, 2001, Leuer-Munstefteiger Properties, Inc.. entered into Developer's Agreement D.A. entitled City of Albertville Developer's Agreement Heuring Meadows with the City. The Quality- Title Building is being sold and the new owners want to be released of the Developer's Agreement as all of the provisions of the D.A. have been fulfilled. KEY ISSUES: Staff has reviewed the project and there are no outstanding issues. POLICY CONSIDERATIONS: - It is the City's policy to seek Council approval to release Developer's from provisions of standing Development elopment Agreements. FINANCIAL CONSIDERATIONS: IONS: There are no financial implications to the release of Lot I, Bloch 5 PIeuring Meadows from the D.A. LEGAL CONSIDERATIONS: IONS: The City Attorney has reviewed outstanding issues and recommends approval of the above motion. Respectfully submitted, z . use City Administrator Department/Responsible Person: AdministrationMike Couri, City A.ttomey Attachments.* Draft Resolution No. 2 -ws 0 MA Public I tal ity CouneffiCouncil Packet inf'ormationl2_O \ -1 -0 \02 19 2008 -lil RCA lieuring Meadows Release, from Development Agreement Lot 1, Block 5.doc, Agendas Item No. 8 614 a Meeting Date February 1, 2008 52 CITY OF ALB RTVILL COUNTY of WRIGHT STATE of MINK SOTA RESOLUTION NO. 2008-010. RESOLUTION RELEASING Lod' I, BLOCK 5, REURING MEADOWS. FROM THE OBLIGATIONS OF DEVELOPER'S AGREEMENT WHEREAS, on April 16, Zoo 1, Leuer- unsterteiger Properties, Inc., " Developer" entered into a Developer's Agreement titled City of Albertville -Developer's r ment euri g Meadows (Developer's Agreement) with the City of Albertville ("City"), which doewnent was recorded as document number 737923 -in the Wright County Recorder's Office, Wright County, Minnesota; and WHEREAS, said Developer's Agreement applied to all of the lots in the plat of Heuring Meado , as recorded and on file in the Wright County Recorder's office; and WHERFAS, the owner of Lot 1, Bloch 5 of-Heuring Meadows is now requesting that the City of Albertville rel ase said Lot 1, Bloch 5 from the provisions of the, Developer's ' Agreement pursuant to paragraph 13 E of said Developer's eloper' Agreement; and WHEREAS, Developer has inet all of itsobligation'sunder the Developer's Agreement with respect to said Lot 1, Block 5. . NOW, THEREFORF, be it resolved by the City Council of the City of Albertville, County of Wright, State of Mir es ta: 1. Lot L Block 5 of Heuring Meadows, according to the plat of record on file in the Wright County Recorder's Office, is hereby released from the provision f the Developer's eloper's Agreement recorded as document number 737923 in the Wright g County Recorder's Office, Wright County, Minnesota. Adopted by the Albertville City Council this 19t" day of Febru'ary, 2008. Rory Kleeer, Mayor Bridget Miller, City Clerk 62 A..,lbertVille Mayor and Council Communication smar toun u.4w. era ow Uhl'. SUBJECT :#200813 General obligation Capital Improvement Refunding Bonds RECOMMENDATION: It is respectfully fe quested the Mayor and Council consider the following motion: Motion to approve Resolution No. 2 0 0 8-011 entitled a resolution Awarding the Sale o f _ General Obligation Capital Improvement Plan Refunding nd , Series 2 I ; Fixing their Form and Specifications; Directing their Execution and Delivery; and 1 ro idi .g for their Payment approving issuance of General Obligation Capital Improvement Refunding Bonds, Series 200813 to be dated March 1, 2008 in the amount of $560.5000. BACKGROUND : The City on fanuary 7, 200 8 discussed the refinancing of the Lease Revenue Bonds, Series 1999, Council approved the new issue under the condition that the net saving was over o.,000. The bonds went out for pricing and came back with a net savings of $6 0,210. 0 0 for the re -issue. K]EY ISSUES.* none POLICY CONSIDERATIONS: A'TIONS: It is the City"s policy to review and approve redemption or refinancing ofbonds if it is feasible and has significant savings. FINANCIAL CONSIDERATIONS: ATIONS: City staff' has reviewed and recommends approval of redemption/calling of the bonds presented. LEGAL CONSIDERATIONS: none. Respectfully Submitted Larr , . use City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: resolution No. 200 -2o -o 11 MAN c Dat l it.y CouneiWounciI Pack t i n form ation\2 0 0 102-19- \20 08 b go bond.do Agenda Item o. 8 *H* 3 o Meeting Date February 19, 2008 06 Extract of Minutes of Meeting of the City Council of the City of Albertville, Wright County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the'xty of Albertville, Minnesota, was duly held in the City Hall in said City on Tuesday, February 19, Zoo , commencing at :00 P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the proposal which had been received for the purchase of the City's approximately $560,000 General Obligation Capital Improvement Plan Refunding Bonds, Series 2008B. The City Administrator presented the offer of Northland d Securities, Inc. to purchase the Bonds that had been submitted to the City pursuant to Council direction, After due consideration, Member then introduced the following resolution and moored its adoption.: 271 I v2 NMI A.LI41-4 MAPublic i atMesol tions12 01 R solutions\R 200 -011 (Reserved for 200 B Bonds froznNorthland).DOC Agenda Item No. 8.. 1 • Meeting Date February 19, 200 6 Mayor and Council Communication —February 13, 200 City Administrator --- Resolution No. o -011 Page 2 of 2 RESOLUTION NO. 2 -- 11 A RESOLUTION AWARDING THE SALE of GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN REFUNDING BONDS, BELIES 2008B, FIXING THEIR FORM AND SPECIFICATIONS; DIRECTINGTHEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT E IT RESOLVED By the City Council of the City of Albertville, Wright County, Minnesota (the "City"") as follows: Section 1. Sale of Bonds. 1.01 It is hereby determined that: (a) The Albertville Economic Development Authority (the "Authority„ previously issued its'$ 8 6 o,000 Public Facility Lease Revenue Bonds, Series -1999 (City of Albertville,, Minnesota Lease obligations), dated August 1, 1999 (the "Series 1999 Bonds"), the proceeds of which were used to finance the construction of a new fire station located within flie City (the "Facilities"). N The Series 1999 Bonds are secured by -lease paymehts by the City pursuant to a Lease -purchase Agreement between the Authority and the City dated as of August 1, 1999 (the "Lease"; (c) Under the Lease, the City has the option to purchase the Facilities by paying the outstanding Purchase Price, defined in the Lease as the amount necessary to provide for the full and timely payment of all interest and premium, -if any, on the principal of the outstanding Series 1999 Bonds to maturity or an earlier redemption slate, if applicable, (d) The City is authorized by Minnesota Statutes, Section 475.521 (the „Act") to finance certain capital improvements under an approved capital improvement plan by the issuance of g nex l obligation bonds of tho City payable from ad valorem taxes. Capital improvements inch de among other things) acquisition or betterment of public lands, buildings or other improvements for the purpose of a fire hall. e on January 7, 2008 the City held a public hearing regarding an amendment to the five year capital improvement plan (the "Plan"), regarding issu nce of bonds in the maximum principal amount o 0,000 to provide for acquisition of the fire station through issuance of refunding bonds, all in accordance with' the Act. on the sane date, the City Council approved the flan providing for issuance of such refunding bonds. 327116v2 K141 AL1 4 1 -4 M:Tijblie Data\ esol ut io n s\20 0 8 ResoI utioI AR 20 0 8-011 (Res d for 2 00 8B B ond s fromNorth] and DO C Agenda Item No. 8 911 0 eetingI ate February 19, 2008 W Mayor and Council Communication —February 13, 2008 City Administrator — Resolution No. 200 -011 Page 3 of 24 (f) No petition requesting a referendum regardingissuance of bonds under the Plan was filed within 30 days after the date of the hearing regarding such bonds. (g) The City. is authorized by Minnesota Statutes, Chapter . {45, and specifically Section 475.67, Subdivision 3 thereof, to issue and sell its general obligation bonds to refund obligations and interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment. (h) Minnesota Statutes, Section 5. '7,. Subdivision 4 permits, the sale of refunding obligations during the six-month period prior to the date on which the obligations to be refunded may be called for redemption, i It is necessary and desirable to reduce debt service costs -that the City issue approximately $560,000 General obligation Capital Improvement Plan Refunding Bonds, Series 2008E (the "'Bonds") to refund the Series 1999 Bonds, of which $605,000 in principal amount is outstanding and is callable on February 1, 20 ; ]) As required by the Act, the City has detennined that: the expected usefl life of the Facilities will be at least five years; and (1i)the amount of principal and interest clue in any year on all outstanding bonds issued by the City under the Act, including the Bonds, will not exceed .16 percent of the taxable market value of property in the City for taxes payable in 2008. . (k) The City is authorized by Minnesota Statutes, Section 475.60, Subdivision 2 to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial adviser in connection with such sale. 1.02. The. proposal of Northland Securities, Inc, (the "Purchaser") Bonds -of the City described in the Terms of proposal thereof is determined to offer and is accepted, the proposal being to purchase the Bonds at a price Of accrued interest to date of delivery, for Bonds hearing interest as follows: 2711 v N_ 1 AL141-4 MAP li c Data\R solution' s\20 0 - Res ol uti o n s\R 0 0 8 - 11 (Reserved for 2008E Bonds from North Iand). D to purchase the be a reasonable plus Agenda item No. 8. . I * Meet i n g Date February 19, 20 0 7 Mayo- and Council Communication —February 13, 2008 City Administrator — Resolution No. 2 -11 Year Interest Rate Year Page 4 of 2 Interest Rate 2009 2014 2010 201 2011 201 2012 201 2013 2018 True interest cost: % 1.03, The Mayor and City Administrator are directed to execute a contract with the Purchaser on behalf of the City. 1.04. The City will forthwith issue and sell the Bonds pursuant to the Act in the total principal amount of originally dated March 1, 2008, in the denomination of $5,000 each or any integral multiple thereof, numbered No, R.-- I,. upward, bearing interest as above set forth, and which nature serially on February 1 without option of prior payment .t in the years and amounts as follows: Year Amount Year 4 2009 } 2014 2010 201 2011 201 2012 2017 2013 201 -Section 2. Registration and Payment. Amounti 2.01, Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable b check or draft issued by the Registrar described herein, 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for Payment, unless i the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or ii the date of authentication is prior to the first interest anent date, in which case the Bond will be dated as of the date 'of original _issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2008, to the registered owners of record as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 327116v2 M 1 ALI41-4 :Tublie Data\Resolutionsl2 0 0 8 Reso I uti on s\R 20 0 8 -01 I (Reserved for 200 8B Bonds from NoAIand). D OC Agenda Itrn No. 8 *. 1 1, Meeting Date February 19, 2008 ma Mayor and Council Communi do —February 13, 2008 City, Administrator -- Resolution No. 00 -011 Page 5 of 2 2.03. Registration. The City will appoint, and will maintain.5 a bond registrar, transfer agent, authenticating agent and paying agent (the Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respec-t thereto are as follows: (a) Re istear. The Registrar must keep .at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transfeffed or exchanged. (b) Transfer nds. Upon surrender for transfer f a. Bond duly endorsed y the registered owner thereof or accompanied by a written instr n- ent of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor, The Registrar may, however, close the hooks for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. eExchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a file aggregate principal amount and maturity as requested by the registered owner or the owner's -attomey in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. when a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar i satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in goon faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is�o erdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of.the sum o sums so paid. (g) Tuxes, Fees and Charges.. The Registrar' mar impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar 2711 v2 MNJ AL 1 1-4 I f:lNNi c Data1R olutions12008 R olutions\R 2008- 11 (Deserved for 2008E Bonds from Northland). D Agenda Item No. �. Meeting Date February 1, 208 Mayor or and Council Communication —February 13, 2008 City Administrator — Resolution No. 2008-011 'age 6 of 2 for any tax, fee or Other governrnental charge required to be paid with respect to the transfer or exchange. (h) Mutilated Bost Stolen or Destroyed ed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar .will deliver a new Bond of like amount, number, maturity date and terror in exchange and substitution for and upon cancellation f the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses -and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of -evide .ce satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in f nn, substance and arnouht satisfactory to it and as provided b law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must e given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for -redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. 2.04. Appointment of Initial Registrar. The City -appoints Noi thl nd Trust Services, Inc... Minneapolis, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver', on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with 'another corporation, if the resulting corporation is a bark or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as ' successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City rreser es the right to remove the Registrar upon 30 clays' nonce and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar, On or before each principal or interest due date, without further or er of this Council, the City Finance 'Director must tiansm.it to the Registrar monies sufficient for the payment of all principal and interest they. due. 2.05. Execution Authentication and Deliver . The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purpose, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been d ly executed by the manual signature of an authorized repres ent .ti e' of the Registrar. ' Certificates of authentication o different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. when the Bonds have been so prepared, executed and authenticated, the 2711 NI AL 14 1 -48 MAPtrblio to \ solutions120081 esolutionsl 2 8-011 (Reserved for 2008E Bonds fromNorthland).DOC Agenda Item No. 86j,* i . Meeting Date February 1, 2008 70 Mayor and Council Communication —February 13, 2008 City Administrator — Resolution No. 2 -11 Page 7 of 24 City Administrator will deliver the sane to the Purchaser upon payment of the purchase .price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive e Bonds the temporary Bonds will -b exchanged therefor and cancelled. Section 3. Forma of Bond. 3.01. The Bonds will be printed or type'written in substantially the following form: No. R- UNITED STATES OF AMERICA � STATE of MINNSoTA COUNTY of WRIGHT CITY of ALBERTVILLE GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN REFUNDING BOND, SERIES 2008E Date of Rate Matur OriginalIssue CUSI February 1, 20 March L 200 Registered .owner: Cede & Co. The City of Albertville, Minnesota, a duly organized and existing municipal corporation in Wright County, Minnesota (the "City"), acknowledges itself to be indebted and for value received promises to pay to the Registered owner specified above or registered assigns, the principal sum of on the maturity elate specified above without option of prior payment, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, Comm,encing August 1, 2008, to the person in whose name this Bond is registered at the close of business -on the fifteenth day (whethbr o r not a. business day) of the immediately preceding month. The interest hereon and, upon. presentation and surrender hereof, the principal hereof are payable in lawful money of the United Mates of America by cheep or draft by Northland Trust Services, Inc., Minneapolis, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor 2711 v2 NMI AL 141-48 - M- Tub lie Data\Re so lu ti on 020 08 Res oltit ions\ 00 8 -011 (Reserved for 20 Q 8 B Bonds from I orthland).D0 Agenda Item No. 8. # 1 R Meet Date February 19, 20 08 71 Mayor o and Council Commu nkati —February 13, 2008 City Administrator --- Resolution No. Zoo -011 Page 8 of 24 under the Resolution described herein. For the prompt and full. payment of such principal and interest as the sane respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City Council has deemed the 'issue of Bondsof which this Bona Forms a paw a "qualified tax exempt obligations" within the meaning of Section 2b of the Internal Revenue Code of 1986, as amended (the "Code") relating 'to disallowance of interest expense for financial institutions and within the 10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $_ all of like original issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a resolution adopted by the City Council on February 19, 2068 (the "Resolution"'), for the pur ose of providing money to acquire the City's fire station facility by prepaying outstanding lease payments under a Lease -Purchase Agreemeftt between the Albertville conomic Development Authority (the "Authority") and to refund the outstanding lease -revenue bonds issued by the Authority to finance that facility, puxsuant to and in full conformity With the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 475.521 and 47.7, and the principal hereof and interest hereon are payable primarily from ad valorem taxes, as set -forth in the Resolution to which reference is made for a full statement oftights and powers the conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy -addit.ion l ad valorem taxes on all taxable property in the City in the event of any deficiency in taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The ids of this series -are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books ofthe City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized In writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the sane date, subject to reimbursement for any tax, fee or govemment l charge requ.ired to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary., IT IS HEREBY CERTIFIED, RECITED!, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be clone, 327116v2 N 1 ALI41-48 11 APublie l atali e olution 1200 Resolutions\ 2 0 - 11 (Reserved for 200 B Bonds from Northland).DOC Agenda Item No. 8's . Meeting Date February 19, 2008 7 Mayor and Council Communication —February 13, 200 City Administrator -- Resolution No. 200 -011 Page 9 of 2 to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to rule it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have. been perfon.ed as so required, and that the issuance of this Bond does not cause the indebtedness of the Cif.y to exceed and _constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any pu'•pose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. f IN WITNESS WHEREOF, the City of Albertville, Wright County, Minnesota., by its City Council, has caused this Bond to be executed on its Behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the slate -set forth below. Dated: CITY of ALBERTVILLE,,1 INNSOTA. (Facsimile) (Facsimile) City Administrator mayor CERTIFICATE of AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. NORTHLAND TRUST SERVICES, INC. Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: 27116v. NfY AL141-48 Data\R solutions\20 R sulutionAR 200 - 11 (Reserved for 200 B Bonds froin Northiand).DOC Agenda Item Igo: 8.* . Meeting Date February 19, 200 7 Mayor and Council C mmuni ati n —February 13, 2008 City Administrator — Resolution No. 2 - 011 Page 10 of 24 TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Gust) (Minor) TEN ENT -- as tenants by entireties. J` TEN -- as joint tenants with . right of survivorship and not as tenants in common under Unlforrn Gifts or Transfers to Minors Act.........:.: (Stale) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sobs, assigns and transfers unto- - ---- - ------...__... the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the boobs kept for registration of the within Bond, 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 Bona in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signatures must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program. ("STAMP"), , the Stock Exchange Medallion Program ` SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program "MSP" or other such "signature guarantee program"' as may be determined by the Registrar in addition to, or in. substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Dane and Address 711 2 �Ml AL141-4 MAN bli c D ata\Resoltxtions1200 8 Resolutions 200 8 -011 (Reserved for 2008E Bond s from NorthIand).DO Agenda Item No. 8611r Mee,tiog Date February 19, 2008 74 Mayo and Coun il-Communi atl n —February 13, 2 City Administrator — Res olution No. 200 8-0 11 Page 11 of 2 (Include information for all joint owners if this Bond is held by joint account,) Please insert social security or other identifying firing number of assignee PROVISIONS AS To REGISTRATION The.ownership of the principal of and interest on the within Bond has been registered on the boobs of the Registrar in the name of the person last 'noted below. Signature of Date of Registration Re itered Owner officer of Registrar Cede & Co. Federal ID #13-2555119 .02. The City Administrator. is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and cause the opinion 'to be printed on or accompany each Bond. Section 4. P nt; Security; Pledges and Covenants. . 01. a The Bonds are payable from. the General Obligation Capital Improvement Plan Refunding Bonds, Series 200 B Debt Service Fund (the "Debt t ServiceFund") hereby created, and the proceeds of ad valorem taxes hereinafter levied (the "Taxes") are hereby pledged to the Debt Service Fund. (b) There is also hereby appropriated to the Debt Service Fund i any amount over the minimum' p rehase price of the Bonds paid by the Purchaser, to the extent not deposited in the Escrow Account under Section' .o ; and ii the accrued interest paid by the Purchaser upon closing and deliverer of the Bonds. (c) If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Deft Service Fund to pay the sane, the City Finance Director will pay such principal or interest from the general fund of the City, and the general fund will be 327116v2 MNJ AL141-48 PAIio ] ata\R solution 12 6 0 8 Re olution lR 20 08- 011 (Reserved for 2008B Bonds from I orthland).D0 Agenda Itein No. 8. 11 • Meeting Date Febr u ary 1.9, 2008 75 Mayor and Council Communication --February 13, 2008 City- Administrator —Resolution No. 2 - 11 . Page 12 of 24 reimbursed for those advances out of the proceeds of the Taxes levied y this resolution when collected. .02. There is also hereby created an Escrow Account the "Escrow account" maintained with U.S. Bank National Association in St. Paul, Minnesota, which is a suitable financial institution within the- State, whose deposits are insured by the Federal Deposit Insurance Corporation, whose combined capital and surplus is not less than $500,000 and said financial institution is hereby designated escrow agent (the "Escrow Agent") for the Escrow Account. proceeds of the Bonds in the amount set forth in Section 5.03 hereof are hereby irrevocably pledged and appropriated to the Escrow Account., together with all investment earnings thereon. The Escrow Account will be. invested in securities maturing or callable at the ption of the holder on such dates and - bearing interest at such rates as will be required to provide sufficient funds, together with any cash or other finds retained in the Escrow Account, to pay when due on the Redemption Date as defined i Section 5.01 hereof) the principal amount of and accrued interest on each of the r f nded Bonds then outstanding. The Escrow Account will be itTe oca ly appropriated to the payment of the principal of and interest on the Bonds until the proceeds of the Bonds therein, are applied to prepayment of the Refunded -Bonds. The moneys in the Escrow Account will be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with the Escrow Agreement (hereafter defined) by and between the City and the Escrow Agent. Any moneys remitted to the City upon ten ination of the Escrow Agreement will be deposited in the Debt Service Fund. 4.03.. For the purpose of paying the principal of and interest ,on the Bonds here i hereby levied a direct annual h epealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. Such tax will be credited to the Debt Service Fund above provided and will be in the years and amounts as follows (year stated Being Year of collection): Year (See Exhibit A) 4.04. The City -Clerk is directed to file a certified copy of this resolution with the County Auditor of Wright County and to obtain the certificate required by Section 475.63 of the Act. 4.05. It is hereby determined that upon the receipt of proceeds of the Bonds (the "Proceeds") for payment of the Refunded Bonds, an irrevocable appropriation to the debt service fund for the Refunded fonds will have been made within the meaning of Section 475.61, subdivision 3 of the Act and the City Administrator is hereby authorized and directed to certify such fact to' and request the -County auditor to cancel any and all tax levies made by the resolution authorizing and approving the Refunded nde l Bonds. 4.06. It is hereby determined that the estimated collection of the foregoing Taxes will produce at least five percent in excess of the amount needed to meet when due, the and 2711 2 M- I AL141.4 principal MAPublio DatalT esolutionsl200 esolntionsl 00 - 11 (Deserved for 2008E Bonds from Northimd)DOC Agenda Item -No. 8,0 i Meeti n Date February 19, 200; 7 Mayor and CounciI Communication —February 13, 2008 City Administrator — Resolution No. 2008-1011 Page 13- of 2 interest payments on the Bonds. The tax levy herein provided will be irrpalale until all of the Bonds are paid, provided that the City Administrator may annually, at the time the City makes its tax levies, certify to the County Auditor the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. Section 5.Refunding; Findings; Redemption of Refunded ova . .01. Generally. The Series 1999 Bonds were issued by the Authority pursuant to the Trust Indenture between the Authority and U.S. Bank National Association (formerly known as it tar Bank of Minnesota, N.A.)- (the "Trustee"), dated as of August 1, 1999 (the "Indenture" and secured by the Lease, The City has determined to prepay all lease payments due under the Lease i.e.,, the Purchase Price thereunder), which is the amount necessary to redeem the 2009 through 2019 maturities of -the Series 1999 Bonds on March 24, 200 (the "Redemption Date"). .02. on or prior to the deliverer of the Refunding Bonds, the Mayor and the City Administrator are hereby authorized and directed to execute on behalf of the City a Refunding Escrow Agreement (the "Escrow Agreement") with the Escrow Agent in substantially the form now on file with the City Clerk. All essential terns and -conditions of the Escrow Agreement, including payment by the City of reasonable charges for the services of the Escrow Agent, are hereby approved and adopted and made a part of this resolution, and the City covenants that it will pronptly enforce all provisions thereof in the event of default thereunder* by the Escrow g , ent. 5.03. As of the date of delivery of and payment for the Bonds, the following finds are -hereby pledged and appropriated and will be deposited in the Escrow Account: (a) $ from proceeds f the Bonds; (b) $ representing all or a portion of the -purchase price paid by the Purchaser in excess of the minimum bid; and. c $77,175.00, transferred from the Reserve Fund for the Refunded Bonds under the Indenture, representing the Reserve Requirement under the Indenture that is released by reason of redemption of the Refunded Bonds. 5.04. It is hereby found and determined that proceeds of the Bonds available and appropriated to the Escrow Account will be sufficient, together with the pernnitted earnings on the investment of the Escrow Account without reinvestment, to pay at maturity or redemption all of the principal of, interest on and -redemption premium if any) on the Refunded Bonds. 5.05. Securities purchased from the monies in the Escrow Account will be limited to securities specified in Section 10.01 of the Indenture for the Refunded Bonds. Northland Securities, Inc., as agent for the City, is hereby authorized and directed to purchase for and on behalf of the City and in its name, appropriate securities to fund the Escrow Account. Upon the issuance and 327116 2 MNJ AL141-4 MAN atARes o I u tio n s\20 0 8 R soIutions\R 20 0 8 {011 (Reserved for 20 0 8B Bonds from Nort land).l Agenda Item No. 8 A I . Meeting Date February 19, 2008 7 Mayor and Council Communication —February 13, 2008 City Administrator — Resolution No. - 11 - Page 14 of 24 delivery of the Bonds, the securities so purchased will be deposited with the Escrow Agent and held pursuant to the tenns of the Escrow Agreement and the Resolution. . The Series 1999 Bonds maturing on February 1, 2009 and thereafter will be redeemed and prepaid on the Redemption Date. The Series. 1999 Bonds will be redeemed and prepaid in accordance with -the terms of the Series 1999 Bonds and the Indenture and in accordance with the terms and conditions set forth in the form of Notice of Call for Redemption attached -hereto as Exhibit B which teems and conditions are hereby approved and incorporated herein by reference. The Trustee for the, Series 1999 Bonds is authorized and directed to send a copy of the Notice- of Call f r Redemption to each registered holder of the Series 1999 Bonds. Section 6. Authentication of Transcript. .01. The officers of the City are authorized and directed to prepare and fu-rnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knoWledge- or as shown by the books and records ire their custody and under their control, relating to the validity and marketability of the Bonds and -such instruments,, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. .02. The Mayor, City Administrator and Finance Director are hereby authorized and directed to certify that they have examined the 'Official Statement prepared and circulated i .connection with the issuance and sale of the Bonds and that to the hest of their knowledge and belief - the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement.- - . 6.03. The City authorizes the Purchaser to fo Ward the amount of Bond proceeds allocable to the payment of issuance expenses other than amou is payable to Kennedy, Graven, Chartered as Bond Counsel) to Northland Trust Services, Inc. on the closing date for further distribution as directed by the City's financial adviser, Northland Securities, Inc. Section 7. Tax Covenant. 7.01. The City covenants and agrees with the holders from time to time of the Bonds that it Will not tale or pelrnit to be taker by any of its officers, employees or agents any action which would cause the interest on the Bonds -to become subject to taxation under the Internal Revenue Code of 1986,, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary .to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 2 '116 2 MNJ ALI41-4 . 11.1Fubli 1 atalResolutioiO200 Resolutions\R 200 -011 (Reserved for 2008B Bonds from 1orthiand).l o Agenda 1tern No. 8 a I I � Meeting Date February 1, 200 7 Mayor and Council Co mu ni anion —February 13, 200 City Administrator esolulion No. Zoo -011 Page 15 of 24 7.02. a The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest- on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments and limitations on amounts invested at a yield greater than the yield on the Bonds, (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declaresthat: i each of the Refunded Bonds was issued as part of an issue which was treated as meeting the rebate requirements by Treason of the exception for governmental units issuing $5,000,000 or less of bonds; ii the average maturity of the Bonds does not exceed the remaining average maturity of the Refunded Bonds; and (Ihi)no maturity of the Bonds has a maturity date which is later than the date which is 30 years after the date the Refunded Bonds were issued. .03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds'" within the meaning of Sections 103 and 141 through. 150 of the Code. 7.04. The Bonds are deemed to be "qualified tax-exempt obligations" within the meaning of Section 26 b of the Code, because the City determines that.: (a) the Bonds are not "riate activity bonds'' as defined in Section 141 of the Code; (b) the Refunded Bonds were qualified tax-exempt obligations; e the Bonds are not taken into account in determining the status of the City as qualified small issuer" within themeaning of Section 25h3 of the Code, because the amount of the Bonds does not exceed the outstanding amount -of the Refunded Bonds; (d) the average maturity date of the Bonds - is- not later than the average maturity date of the Fefundd Bonds; and (e) the Bonds have a maturity date which is -not later than the elate which is 30 years after the date the refunded Bonds were issued. 7.05. . The City will use its best efforts to comply with any .federal procedural requirements which may apply in order to effectuate the designations made by this section. 327116v2 hWI AL141-4 MAPLibli Dat \ s lutionsl200 T esolutions\ 200 - 11 (Reserved for 2008B Bonds from orthl nd .Do Agenda Item No. 8 OJO 1 . Meeting Date. February 19, 2008 7 Mayor and Council Communication —February 13, 2008 City Administrator — Resolution No. 2 R 11 Page 16 of 24 Section 8. Book -Entry System; Limited Obligation of City. 8.01. The Bonds Will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New v York, New, Yorl , and its successors and assigns `TTC" . Except as provided in this s otion, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 4. .02. With respect to Bonds registered in the registration boobs kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial -institutions from time to time for which DTC holds Bonds as securities depository the `Participants" or to any other person on behalf ofwhich. a Participant holds an interest in the Bonds,, including but not limited to any responsibility or obligation with respect to i the accuracy of the records of DTC, Cede & Co. or .any Participant with respect to any ownership interest in the Bonds, ix the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration boobs kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or iii the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the haying .Agent may treat and .consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment ofprincipal, premium and interest with respect to such Bond, for the purpose of registering transfers . with respect to such Bonds, and for all other purposes, - The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to foxily satisfy and discharge the Cit 's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sung or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing- the obligation. of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect 'that ]ETC has determined to substitute a new nominee in place ofCede & Co., the words "Cede & Co.)" will refer to such new nominee ofDTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Registrar and Paying Agent. .03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket et Issuer Letter of Representations (the "Representation Letter") which will govern payment of principal of, premium, if any, and interest on the Bonds and notices. with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 271 ] 2 II I AL 141-48 1 :1Publie Data\Resolutionsl200 8 R soIuti ns\R 20 0 8- 011 (Reserved for 20 0 8 B -Bonds from North Iand).D0 Agenda Item No. 80 . 1 * Meeting Date February 19, 200 0 Mayor or and Council Communication —February 13, 200 City Administrator — Resolution No. 200 -011 'age 17 of 2 8.04. Transfers Outside Book -Entry yst m. In the event the City, by resolution of the City Council, determines -that it is in the best interests of the persons having beneficial 'interests in the Bonds that they be able to obtain Bond certificates, the City will notify, whereupo DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered - owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable lave. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 8.05. PqMents to Cede & Co.Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC"s Operational Arrangements as set forth in the Representation Letter. Section 9. Continuing Disclosure. . 01. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate will not be considered an went of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. .2. `Continuing Disclosure Certificate" means .that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it .ay be amended from time to time in accordance with the terms thereof. Section 10. Defeasance. 1.0.01. %en all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and intere t ors the Bonds will remain in full force and effect. The City may discharge all Bonds which are clue on any date by depositing with the registrar on or before thdt date a sum sufficient for the payment thereof in full. If any h o d should not be paid when due, it in, ay nevertheless be discharged by depositing' with the Registrar a sum sufficient for the payment 32711 v2 MINI ALI 4 1 -4 MAPubfic Datall esofutions1200 R solutioIYs1R 200 -011 (Reserved for 2008E Bonds from Northland)DOC Agenda Item No. 8. .1 Meeting Date February 19, 2008 ONO Mayo r and Con 61,Communi do n —February 13, 2008 City Administrator — Resolution No. 200 -011 Page 18 of2 hereof in full with interest accrued to the date of sijch deposit. (The remainder of this .page is intentionally left blank.) 27116v2 MNI AL 141-4 MA ublie Data\ esol ut io ns\,2 00 8 ResolutionA 200 -011 (Res erved for 2008E Bonds from Northland .D A enda Item No. 8# J'4k I a Meeting Date February 1, 2008 Mayor and Council Communication —February 13,2008 City Administrator;— Resolution No. Zoo -011 _ Page 19 of 24 The motion for the adoption ofthe Foregoing resolution was duly seconded by Member and upon vote being taken thereon, the Following voted in favor thereof: and the following voted against thesame: whereupon said resolution was declared duly passed and adopted. 711 v2 MI AL 41-48 M:\Public D ata\ResoIutionsV00 8 Re olutionA -011 (Res erved for 2008E Bonds from North ,Do Agenda Item No. 8*11 # Meeting Date February 19, 2 Mayor and Council Communication —February 13, 2008 City Administrator — l esoluti n No. 2008-011 Page 20 of 2 STATE OF MESA COUNTY -OF WRIGHT )SS. CITY OF ALBERTVILLE I, the undersigned, being the duly qualified and acting City Clerk of the City of Albertville, Aright County, Minnesota, do hereby. certify that f have carefully compared the y y y attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on February 19, 20 8 with the original minutes on. file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale -of General Obligation Capital Improvement flan kefunding Bonds, Series 2008E of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of (SEAL) City Clerk A1bertvil e, Minnesota 7116v2 M 11 AL141-4 MAPubli Data\RcsolutionsN2008 ResolutionsNR 2008-011 (Reserved for 200813 Bonds fromNorthland).DOC Agenda Item No.89J.-I Meeting Date February 1, 2008 84 Mayor and Council Communication —February 13, 2008 City Administrator — Resolution No. 200 -off 1 Page 21 of 2 STATE of MINNSOTA COUNTY AUDITOR'S CERTIFICATE AS To COUNTY of WRIGHT TAX LEVY .N REGISTRATION I, the undersigned County Auditor of Wright County, Mi e ota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Albertville, Mime ota, on February 19, Zoo , levying taxes for the payment of General Obligation Capital Improvement Plan Refunding Bonds, Series 2008B. of said municipality dated March 1, 2008, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law, WITNESS My hand and official seal this � day of , 2008. County Auditor Wright County, Minnesota (SEAL) Deputy 2711.6 21 N1 ALL 41-4 M:Tubfir, DaWesolution12001soxution1 00-0 11(Reserved for 200 8B Bonds fromNorthland)-.l _Agenda Item Igo. 8.+ 1 Meeting Date February 19, 2008 5 Mayon and Council C mu ni i —February 13, 2008 City Administrator trato — Resolution No. 2 8-11 Page 22 of 2 EXHIBIT A TAX LEVY SCHEDULE YEAR ' TAX LEVY Year tax levy collected 27116v2 M I AL,141-4 M, \P u b I ic Data\ResoIution sl200 8 ResolutionslR 200 8 -011 (Reserved for 2 0 0 8 B Bonds from NorthIand). D OC Agenda Item No. 8. .1 0 Meet Date Febr u ary 19, 2 Mayor and Councl*I Commupi cation —February 13, 20 08 City Administrator — Resolution No. 200 - 11 Page 23 of 2 EXHIBIT B NOTICE OF CALL FOR REDEMPTION $860,000 ALBERTVILLE ECONOMIC DEVELOPMENT AUHTORITY PUBLIC FACILITY LEASE REVENUE BOND'S, SERIES 1999 (CITY OF ALBtRTVTLLE, MINNESOTA LEASE OBLIGATION) WRIGHT COUNTY, MxNNESOTA NOTICE 1S HEREBY GIVEN that, by order of the City Council of the City of Albertville, Wright County, Minnesota, there have been called for redemption and prepayment on All outstanding bonds of the Albertville ille Economic Development Authority designated as $860,,000 Public Facility .Lease Revenue Bonds, Series 1999 (City of Albertville, Minnesota Lease Obligations), dated August 1, 1999, having stated maturity dates of February 1 in the years 2009 through 2019, both inclusive, totaling $605,000 in principal amo nt, .and with the following C TS11 numbers: - Year of Maturit Amount CUSS ' Number 009 $45,Poo 013221 AJ 2010 45,000 013221 AK2 2014 200300 013221 API 2 19 * 315,000 013221 AUO Term Bonds The Series 1999 Bonds are being called at a price of par plus accrued interest to March 24, 20081, on which date all interest on said bonds will cease to accrue. 'Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the min office of U.S. Baal National Association (formerly known as Firstar Bark of Minnesota, I .A.), in the City of St. Paul,, Minnesota, on or before March 24, 2008. If basil: .S- Bark National Association If b banal: J.S. Bark National Association 27116v2 Nffi I AL 141-48 MAPublic 1 at Resolutionsl200 Resolutions\R 2008-011 (Reserved for 2008B Bonds fromNorthland).DOC Agenda Item No. Meeting Date February 19, 20 NOR Mayon and Council Communication —February 13, 2008 City Administrator -- Resolution No. 200-o11 Page 24 of 2 Corporate Trust operations 60 Livingston Avenue o Livingston Avenue 3rd Floor — Bond Drop Window P-MN-W83C St. Paul, I N 55107 St. haul, MN 55107 Important Notice: In compliance with, the Jobs and Growth Tax Relief Reconciliation Act of Zoo , federal backup withholding tax will he withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social s eurit ' nwnber or federal employer r identifiea.tion number, properly certified. This rec'ulrerr'ent is fulfilled by submitting W-9 Forte., which may he obtained at a bank or .other financial institution. The Trustee will not be responsible for the selection or use of the CUSIP number, nor i any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included. solely for convenience of the Holders. Additional information may he obtained from: Dated: February 19, 2008. U. S. Bank National Association Corporate Trust Division Bondholder Relations 800) 934-6802 Y ORDER OF THE CITY COUNCIL y Isl Bridget Miller City - Clerk City of Albertville, Minnesota 271 x 6v2 N N1 AL 1 1-4 M:TubIi c Data\R solAons1200 8 Reso I tit i on AR 200 8 -011 Res r ved for 2008E Bonds from N orth Iand .Do Agenda Item No. S o. lt Meeting Date February 19, 200 W J^two A�Ibertvliic Mayor and Council Communication Sma11 Town Lh*m. Big GEv ulm. February14,2008 SUCT :. 200 A General obligation Sewer Revenue- unding Bonds RECOMMENDATION: It is respectfully requested the Mayor or and Council consider the following motion: Motion to adopt Resolution No. 2 - 12 entitled a Resolution Awarding the Sale of General Obligation Sever Revenue Refunding fonds; Series 2a; Fixing their Form and Specifications- Directing their Execution and Delivery; and Providing for their Payment,is is approving issuance of General Obligation Serer Revenue R6funding Bonds, Series 200 A to e dated March 1, 2008 in the amount of $805,000. BACKGROUND: The City on January 7, 200 8 discussed the refinancing ofthe General Obligation Sewer Revenue Bonds, Series 2000A, Council approved the n v issue under the condition that the net saving was over $37,000. The bonds went out for pricing and crone Back with a net savings 69,2 6.00 for the re -issue. KEY ISSUES: none POLICY CONSIDERATIONS: ft is the Cit ' s policy to review and approve e redemption or refinancing of bonds if it is feasible and has significant savings. FINANCIAL CONSIDERATIONS: IONS: City staff has reviewed and recommends approval of redemption/callingredemption/calling of the bonds presented. LEGAL CONSIDERATIONS: none. jesc tfll submitted • Larry use City Administrator Department/Responsible Person-, Finance/Tina Lannes, Finance Director Attachments: Resolution No. Zoo - 12 - MAPubfic fatal ity CoundhCouncil Packet information\2008\02-19-08\2008A go bond.da Agenda Item No. 8 jo _ C Meeting Date Fe bir u ary 19, 200 Extract of Minutes of Meeting of the City Council of the City o Albertville, Wright County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council ofthe City of Albertville, Minnesota, was duly held in the City fall in said City on Tuesday, February 19, 2008, commencing t`: o o P.M. The following members were present: and the following were absent; The Mayor announced that the next order of business was consideration ofthe proposal which had been received for the purchase of the Cit 's approximately $805,000 General Obligation Sever Revenue Refunding Bonds, Series 200A. The City Administrator presented the offer of Northland Securities, Inc. to purchase the Bonds that had e submitted to the City pursuant to Council direction. After due consideration,' Member then introduced the following resolution and moved its adoption: 27021M1IALI41-9 MAPublie DM Resolutions\ 00 Resolutions\R 200 -012 (reserved for seer Bonds corning from Northland).doe Agenda Item o. ' 8.. J's Meeting Date February 19, 2008 90 Mayor and C un'61 Communication —February nary 13, 200 City Administrator — Resolution No. Zoo -012 Page 2 of 23 RESOLUTION NO. 200 -012 A RESOLUTION AWARDING THE SALE OF $ GENERAL OBLIGATION SEWER REVENUE REFUNDING BONDS19 SERIES 200 A; FIXING THEIR FORM AND SPECIFICATION&P DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED y the City Council of the City of Albertville, Wright County, Minnesota (the "City"' as follows: Section 1. Sale of Bonds. 1. 01 - It is hereby determined that: (a) the City is authorized by Minnesota Statutes, Chapter 47 (the "Act") and Section 475.67, Subdivision 3. of the Act to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment; .t; (b) Section. 47 . 7, subdivision. 4 of the Act permits the sale of refunding obligations during the six month period prior to the date on which the obligations to be refunded may be called for redemption; (c) is necessary and to reduce debt service costs that the City issue approximately $805,000 General obligation Sewer Revenue Refunding Bonds, Series 200 A (the "Bonds") to refund certain outstanding general obligations of the City; . d the outstanding bonds to be refunded (the "Re -funded Bonds") consist of the $2,550,000 General obligation Sewer Revenue Bonds, Series 2000A. dated- - D ecemb er I , 2000, of which 7 7 5 ,00o in principal amount is currently outstanding and is callable on February I, Zoo. .(e) The City is authorized by Minnesota Statutes, section 47 . 0, subdivision 2 to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial adviser in connection wit,h such sale. The actions of the City ' staff and financial advisers in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 32703 v 1 NMI ALI 1-49 MAP ubIi c Data\Re solutionA2008 Res olution AR 2008- 012 (reserved for S ewer Bonds coining from Noah Iand).do Agenda item No. 8-a. Meeting bate February 1, 00 91 Mayor and Council Communication —February 13, 2008 City Administrator — Resolution No. 2008-012 'age 3 of 23 1.02. - The proposal of Northland. Securities, Inc. (the "Purchaser") to purchase General Obligation Serer Revenue Refunding Bonds, Series 200 A (the "Bonds" of the City described in the Terns of Proposal thereof is determined to. be a reasonable offer and is. accepted, the proposal being to purchase the Bonds at a price of plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2009 201 2010. 20.1 2011 201 2012 2016 True interest cost: % 1.03. The Mayor and City Administrator are directed to execute a contract with the Purchaser on behalf of the City. 1.04. The City will forthwith issue and sell the'Bonds pursuant to the_ Act in the total principal amount of $_ , ofiginally dated March 1, 200, in the denomination ination of 5to00 each or any integral multiple thereof, - numbered No. R-1 upward, bearing interesi as above set Forth, and which mature Serially on February 1 without option of prior payment in the years and amounts as follows: Year Amount Year Amount 2009 21 2010 201 2011 201 2012 201 Section 2. Registration and Pa meat. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable b cheep or draft issued by the Registrar described herein., 2.02. Dates;, Interest, Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication t .rhieh interest on the Bond has been paid or made available -for payment, unless i the date of authentication' i interest' .yr e t date to which interest has been paid or made a ailable for payment, in which ease the Bond will be dated as of the date of authentication,, or ii the date of authentication is prior to the'firt interest 270 2vl NMI AL1 1-49 MAPublic Data\Resolutions120 Resolutions\R 200 - 12 (reserved for Sewer Bonds corning from Northland).doe Agenda Item o. 8,1 . Meeting bate February 19, 200 9 Mayor and Council Communication ation -February 1 , .too City Administrator — Resolution No. Zoo -012 Page 4 of 23 payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February I and August 1 of each year, commencing August 1, 2008, to the registered owners of record as of the close of business on the fifteenth day of the inunediately preceding month, whether or not that day is a business day. 2.0 3. Re istration. The City will appoint, and will maintain, a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"), The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, 'transferred or e3�ehanged. (b) Transfer of orals. Upon surrender ' for transfer of Bond duiendorsed _ y by the registered owner thereof or accompanied by a written instrument of transfer, in. form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a life aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth clay of the month pre ding each interest payment date and until that interest payment date. (c) Exh - anye of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more, new Bowels of a like aggregate principal amount and maturity as requested by the registered over or the owner's attorney in writing. (d) Cancellation. Bonds surrendrd -upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) luip e r or Unauthorized Transfer. when a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is � g satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which. it, in its judgment., deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and 327032vi M i AL141-4 - M:Tubli c Data\Resolutlons12 00 8 Resolutionsl 200 -012 (reserved for sewer B onds coming from NorthI and).do Agenda Itern No. 8 O . Meeting Date February 19, 200 93 Mayor and Council Communication —February 13, 2008 City A niini tlratolr --- Resolution No. Zoo -01 'age 5 of 23 effectual to satisfy and- discharge the liability upon the Bond to the extent of the sum or - . sums so paid. (g) - Taxes,_Fees_ and Charles. The Registrar may impose a charge upon the owner thereof for a transfer or exchange ofBonds sufficient to r i s e the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of 'and in substitution for any Bon.0 destroyed, stolen or lost, upon the- payment of the reasonable expenses and charges cif the Registrar in connection therewith; and, in the ease of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to It that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the rnutilat d, destroyed, stolen or lost Bond has already natured or been called for redemption in accordance with its terrns it is not necessary to issue a new Bond prior to payment. 2.0 4. Ap intme t of Initial Registrar. The City appoints Northland Trust Services, Inc., Minneapolis, Minnesota, as the initial Registrar. The' Mayor or and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Up n merger or consolidation of the Registrar with another corporation, if the resulting corporation is bank or trust company authorized by law to conduct such business, the' resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. . The City reserves the right to remove the Registrar, upon 3 o days' notice and upon the appointment of a successor registrar, in which event the predecessor registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register t -the successor Registrar.. on or before each principal or interest clue slate, without further order of this Council, the City Finance Director must trap mit to the Registrar monies sufficient for' the payment of all principal and interest then clue: 2.o . Execution, -*Authentication a d._Delivery, The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same- as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be 270 2vI MNI ALI41-49 MAPublio DaWResolutions\2008esolutionsl 20 - 12 (reserved for Sewer Bonds coming frorn Northland). doe Agenda Item No.89JA. Meeting ]date February 19, 2008 Mayor and Council Communication —February 13, 2008 City Administrator - Resolution No. oo -o12 Page 6 of Z valid or obligatory for any purpose or entitled- to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has .been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution.. when the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 1.0 . Terrrporary Bonds. The City may elect -to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the. form set forth in Section with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary 'Bonds will he exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially -the following forte No. R- UNITED STATES OF AMERICA $ STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF ALBERTVILLE GENERAL LIGATI I SEWER REVENUE REFUNDING BOND, SERIES 200 A. Date of Rate Mat Original Issue CUSIP February 1, 20 March 1, 200 Registered Owner: Cede & Co. The City 'of Albertville, Minnesota, a duly organized and existing municipal corporation in Wright County, Minnesota (the "City"), acknowledges itself to be indebted and for value received promises to pay to the Registered owner specified above or registered assigns, the principal sum o n the maturity date specified above without option of prior 3270320 11-NI L 141-4 MAP ubIi c Data\Res olut ion s\20 0 8 ResolutionA 200E-012 (reserved for sever Bonds coming from North Iand). do 0 Agenda Item Igo. 8r I1.9 Meeting Date February 1 , 2 0 Mayor and Council Communication —February 13, 2008 City administrator — Resolution No. 2 •- 12 Page 7 of 2 payment, with interest thereon from the date hereof at the annual rate specified above, payable February I and August 1. 1. in each year, commencing August 1, 2008, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by cheek or draft by Northland Trust Services, Inc., Minneapolis, Minnesota, as Registrar, Paying Agent, Transfer .Agent and Authenticating Agent, or its designated successor index the Resolution described herein. For the prompt and full paymient of such principal and interest as the same respectively become due, the full faith and credit and taxing pourers of the City have been and are hereby irrevocably pledged. The City C uneii has designated the issue of Bonds of which this Bond forms a part as `'qualified tax exempt obligations" within the meaning ofSection 2 1 of the Internal Revenue Code of 1986, as amended (the. `Code") relating to disallowance of interest expense for financial institutions and within the $10 mill 'Ion limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal. amount of $ all of like original issue date, and tenor, except as to number, maturity date, and interest rate, all issued pprsuant to a resolution adopted by the City Council on February 1 , Zoo (the "Resolution`-), for the purpose of providing money to refund the outstanding principal. amount of certain general obligation bonds of the City, pursuant to and in full conformity with the Constitution and lags of the State of Minnesota, including Minnesota Statutes, Sections 475.67 and the principal hereof and interest hereon are payable primarily from- net revenues of t .e sewer plant and system of the City in a special debt service fund of the City as set forth in the Resolution to which reference i made for a full statement of nights and powers thereby conferred. The fail faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in net serer system revenues pledged, which taxes may be levied without limitation to rate -or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $ 5 ,000 or any integral. multiple thereof of single maturities. IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has covenanted and agreed 'that it will continue to own and operate the surer plant and system free from competition ' by other life utilities; that adequate insurance on said plant and system and suitable fidelity bonds on employees will be carried; that proper and adequate books of account will be kept showing all receipts and disbursements relating to the Serer Fund, into which it will pay all of the gross revenues from the sew r plant -and system; that it will also create and maintain a General obligation Sever Revenue Refunding xnding Bonds, Series 2 o A. Debt Service Fund, into which it will pay, out of the net revenues from ,the sever plant and system a sung sufficient to pay principal hereof and interest hereon when due; and that it will provide, by ad - valorem tax levies, for any deficiency in required net serer system revenues. 702r MN1 AL141-4 M-TubIi c Data\ esoltitionsl20 0 8 Resolution skR 20 0 8 -0 12 (reserved for Sewer Bonds corning from North and). do Agenda Item No. .11� Meeting Date February 19, 200 W Mayor and Council Communication —February 13, 2008 City Administrator — Resolution No. 2008-012 Page 8 of 23 As provided in the Resolution and subject to .certain limitations set forth therein., this Bond is transferable upon the books of the City . at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized In writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also e surrendered -in exchange for Bonds of other authorized denominations. Upon sueh'transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, -bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for -the purpose o receiving payment and for -all other purposes, and neither the, City nor the Registrar -will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen axed to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been clone, do exist, have happened and have been performed, as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. JN WITNESS WHEREOF, the City of Albertville,, Wright County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures f the Mayor and City Administrator and has caused this Boni to be dated as of the date set forth. below. Dated: _ffacsimile. --- ---- 1 City Administrator CITY OF ALBERTVILLE, MfNNESOTA csirnile Mayor 327 32v I II ALI41-49 A1Publie Data\ solutionsl2 0 I solutions\ 200 -012 (reserved for serer Bonds ds coming from orthland).do Agnda Item No # Meeting Date February 19, 2008 7 Mayor and Council Communication --February 13, 200 City Administrator for — Resolution No. 2008-012 Page 9 of 2 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. NORTHLAND TRUST SERVICES, INC. By_ - - -- - Authorized Representative The following abbreviations, when -used in the inscri ption on the face of .this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN C M as t runts UNIF GIFT MIST ACT Custodian in common (Cult) (Minor) TEN ENT w-- as tenants under Unifonn rifts or by entireties Transfers to, Minors • Act a ■ • a ■ s s i s ■ • a JT TEN -- as joint tenants with right of survivorship and not as tenants in common (State) Additional abbreviations may also be used though not in the above list. For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all Frights thereunder, and does hereby irrevocably constitute and appoint - attorney to transfer the said Bond on the books kept for registration of the within Bond, with full poorer of substitution in the premises. ]dated: + 270 2v 1 M I ALI 41-49 M,\Publie I tARe olutions1200 R soluttons\R 00 - 1 (reserved for Sewer Doods coming from orthland).do Agenda Item No. � �t � • Meeting Date February 19, 200 Mayor and Council Co m m u n ication —Febru a ry 13, 2008 City Administrator — Resolution No. 200 - 12 Page 10 of 23 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; NOTICE: Signature(s) nnust be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program. ("STAMP"), the Stock xchange Medallion Program "SEMP" , the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar In addition to, or in sub8titution for, STAMP, SERIF or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unl fts the information conoeming the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by jointaccount.) Please insert social security or . other identifying .inner of assignee PROVISIONS AS To REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the boobs of the' Registrar in the name of the person last motel below. Signature of Date of Registration Registeredwnr Officer of &egistrar Cede & C. Federal ID #13-2555119 270 2 1 MN I A.L 141-49 APublie DataftsolutioiO200 ResolutionAR 200 -012 (reserved for's wer Bonds coming from Northland).do Agenda Item No. �. . Mecting Date February 19, 2008 9 Mayor and Council Communication —February 13, 2008 City Administrator — Resolution No. 20 -01 Page 11 of 23 .02. The- Cit r Administrator is authorized and directed to obtain: a copy of the proposed approving legal opinion of Kennedy & Graven Chattered, Minneapolis, Minnesota, which is to be c rnplete except as to dating thereof and cause the opinion to be printed on or accompany each Bond. Section 4. f'a menu Security-, Pledges and Covenants. .01. The City will- create and continue to operate its Sewer Fund to which will be credited all -gross revenues of thesewer plant and system and out of which will be paid all normal and reasonable expenses of current operations of the sewer plant and system. Any balance therein will be deemed net revenues and will be transferred from time to time, to a General obligation Sewer Revenue Refunding Bonds, Series 200 A. Debt Service Fund (the "Debt Service Fund") hereby created in the Serer Fund, which fund will be used only to pay principal of. and interest on the Bonds and any other bonds similarly authorized. There will always be retained in the Debt Service Fund a sufficient amount to pad' principal of and interest on all the Bonds, and the City Administrator will report any current or anticipated deficiency in the Debt Service Fund to the City Council. The debt service fund for the Refunded Bonds is terminated, and all monies therein are hereby transferred to the Debt Service Fund herein created. .02. It is determined that estimated collection of net revenues of the sever system for the payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.03. The City Clerk is directed to file a certified copy of this resolution with the Counter Auditor ofWright County and to obtain the certificate required by Section 475.63 of the Act. 4.04. It is hereby determined that upon the receipt of�proceeds of the Bonds (the "Proceeds") for payment of the Refunded Bonds that an irrevocable app'rop�riation to the cleft service fund for the Refunded Bonds will have been made within the meaning of Section 4' .61, subdivision 3 of the Act and the City Administrator is hereby -authorized and directed to certify such fact to and request the County Auditor to cancel any and all tax levies made by the resolution authorizing and approving the Refunded Bonds. .o. The City Council covenants and agrees with the holders of the Bonds that so long as any of the Bonds remain outstanding and unpaid, it will keep and enforce the foil vn*n covenants and agreeme ts., (a) The City will continue to maintain and efficiently operate the sever plant and system as . public utilities and. conveniences free from competition of other life 327032vl MN1. LI41-49 A1Publi D ta\Resolutionsl2 0 ResofutionslR 200 -012 (reserved for Sever Bonds coring from I orthland).doo Agenda Item 1` OX3v Meet i jig Date F bruary 19, 100 . Mayor and Council Communication —February 13, 2008 City Administrator — Resolution No. 2 -01 - 'age 12 of 23 Utilities and will cause all revenues therefrom to be deposited in bark accounts and credited to the sever system accounts as hereinaove provided, and will vale no expenditures from said accounts except for a duly authorized purpose and in accordance with this resolution. (b) The City will also maintain the Debt Service Fund as a separate account in the Sewer Fund and will cause money -to be credited thereto from time to time, out of net revenues from the sewer plant and system - i sums sufficient to pay principal of and interest on the Bonds when due. (c) The City will keep and maintain proper and adequate hooks of records and accounts separate from all other records of the City in which will be coy pl to and correct entries- as to all transactions relating to the sewer plant and system and which will he open to inspection and copying by any bondholder, thebondholder's agent or attorney, at any reasonable time,, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, -and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will he furnished t all bondholders upon request. (d) The City Qouncil will -cause all persons handling revenues of the surer { plant and system to be bonded in reasonable amounts for the protection of the City and the bondholders and will, cause the funds collected on account of the operations of the suer plant and system to be. deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law. (e) The Council will keep the sewer -plant. and system insured at all times against loss by fire, tornado and other risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for life plants, to protect the holders, from time to ti.e, of the Bonds and the City from any loss due to any such casualty and will apply the proceeds of such i .surance 'to make good any such loss, (f) The City and each and all of its officers will punctu ll r perform all duties with reference to the sewer plant and system as required by the laws of the State o Minnesota. (g) - The City will impose and collect charges of the nature authorized by Minnesota Statute , ' Section 444.075 at the tines and in the amounts rewired to produce, net revenues adequate to pay all principal and interest when due on 'the Bonds and to create and maintain such reserves securing said payments as may be provided in this resolution. �h) The City Council will levy general ad valorem taxes on all taxable property in the City when required to meet any deficiency in net revenues pledged for payment of the Bonds. 270 2v 1 M I L141-4 MAPubli Data\Resolutionsl20 Re olution I 200 -012 (reserved for Sever Bonds coring from I orthland).do Agenda Itni No. 80 ol Meeting Date February 1, 2008 101 Mayor and Council Communication —February 13, 2008 City Administrator — Resolution No. Zoo 4I Page 13 of 2 Section 5. Refunding; Findings; RedeMption of Refunded Bonds. .01. The Refunded Bonds .are the General Obligation Sever Revenue Bonds, Series 20OOA., of the City, - dated December 1 � 2000, Of which ,000 in principal amount is callable .on February 1, 2008. It is hereby ' found and determined that based upon information. presently available from the Cit 's financial advisers, the issuance of the Bonds is consistent with covenants made with the holders thereof and is necessary and desirable for the reduction of debt service cost to the municipality. 5.02. It is -hereby found and determined that the Proceeds, together with interest earnings thereon, will be sufficient to prepay alf of the -principal of, interest on and redemption premium if any) on the Refunded Bonds: 5.03. ' The Refunded Bonds maturing on February 1 2009 and thereafter will be redeemed and prepaid on March 24, Zoo . The. Refunded Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the form. of Notice of Call for Redemption attached hereto as Exhibit B which terms and conditions are hereby approved and 'incorporated herein by reference. The Registrar for the Refunded Bonds is authorized and directed to send a copy of the Notice of Redemption to each registered holder of the Refunded Bonds. Section 6. Authentication of Transcript. .01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the' attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and trans ripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will he deemed representations of the City as to the facts stated therein. .02. The Mayor, City Administrator and Finance Director are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best oftheir knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 6.03. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy Graven, Chartered as Bond Counsel) to Northland Trust Services, Inc. on the closing date for further distribution as directed by the Cit 's financial adviser, Northland Securities, Inc. Section 7. Tax Covenant. 270320 MINI A.I._.141-49 1:TubIi c Data Res olu t i on s\2-00 8 Re of tions\R 20 0 8- 012 res erve d for sewer Bonds coming from North Age n d a Item No. 8 # j�* Meeting Date February 19, 10 Mayor and Council Communication —February 13, 200 City Administrator -- Resolution No. 200-o1 Page 14 of 23 7.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or p rnit -to be taken by any of its officers, employees or agents anyaction which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as -amended (the "Code"), , and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it 'ill take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will. not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 7.02. a The City will comply rith requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on 'the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments and limitations on amounts invested at a yield greater than the yield on the Bonds. (b) For purposes of qualifying for the small issuer exception to the federal- arbitrage rebate requirements, the City finds, , later ines and declares that: (i) - each of the Refunded Bonds was issued, as part of an issue which was treated a , m eting the rebate requirements by reason of the exception for governmental units issuing $5,000,000 or less of bonds; ii the average maturity of the fonds sloes not exceed the remaining average maturity of the Refunded Bonds; and (iii)no maturity of the Bonds has a maturity date which is later than the date which. is 30 years after the date the Refunded Bonds were issued. 7.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to, cause the Bonds to he "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 7.04. - The Bonds are deemed to be "qualified tax-exempt obligations" within the meaning of Section 2 h 3 of the Code, because the City determines that: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the Refunded Bonds were qualified tax-exempt obligations; (c) the Bonds are not taken into account'In determining the status of the City as "qualified small issuer" within the meaning of Section 2b3 of the Code, Because the amount of the Bonds sloes not exceed the outstanding amount of the Refunded Bonds; 27 2v 1 M 1 AL 141-49 MAPublte Data\Resolutions12 08 Resolutions\ 2008-012 (reserved for sewer Bonds coming from Northland).do Agenda Item No. 8.JJL4,, Meeting Date. February 19, 2008 10 Mayor and Coun 6*1 Communi ation -Feb rualry-13, 2008 City Administrator 'Resolution No: 2008-01 'age 15 of 23 - d the average maturity date of the Bonds is not later than the average maturity date of the Refunded Bonds; and e the Bonds have a maturity date which is not later t a.n the date which is 30 years after the date the refunded Bonds were issued. 7.05. . The City will use its best efforts to comply, with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section. 8. Book -Entry stun.• Limited Obligation of fit .8.01. The Bonds will be initially issued 1n the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof' Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & C .1 as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ('"DTC"), Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. .off.. With respect to Bonds registered in the registration books kept by -the Registrar in the name of Cede & Co,, as nominee of DTC, the City, the Registrar and the Paying'Agent will have no responsibility or obligation to any broker dealers, bank and other financial institutions from time to time for which DTC bolds Bonds as securities depository (the '"Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to i the accuracy of the records of DTC, Cede & Co. or any Participant. with respect to any ownership interest in the Bonds, ii the delivery to any Participant or any other person other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice Frith respect to the Bonds, including any notice of redemption, or iii the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any or interest on the Bonds. The City, the. Registrar and the Paying agent may treat and consider the person in whose name each Bond is registered in the registration books kept by 'the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, prey iu n and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligati ns with respect to payment of principal of, prerniurn., if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner 6f Bonds, as shown in the registration boobs kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of .a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will 3270 2v1 MNI AL141-49 M Publio Data\ es ol ut io ns\20 0 8 1 esolutions% 2 0 D 8 -012 (reserved for sewer bonds c oin i ng from NorthIand) .do Agenda Item No. 88JOP* Meeting Date February 19, 2008 104 Mayor and Council Communication —February 13,1008 City Administrator -- Resolution No. 2 -12 Page 16 of 23 refer to such new nominee ofDTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Registrar and. Paying Agent, 8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter ofRepresentations .e "Representation Letter") which will govern payment of principal of, prernium, if -any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Registrar and Paying Agent, respectively, to b -complied with at all tines. 8.04. Transfers Outside Boob -Entry Sy t xn. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will. notify DTC, whereupon DTC will notify the Participants, of the availability through DTC ,of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. ITC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hreof will apply to the transfer, exchange and method of payment thereof. 8.05. Pgyments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given., respectively in the manner provided in TC' Operational Arrangements as set forth in the Representation Letter, Section 9. Continuing Disclosure. 9.0 1. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the' Continuing Disclosure Certificate will not be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeping mandate or specific performance by court order, to cause the City to comply with its obligations under this section. .02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof'. Section 10. I efe s nce. 7v l MNI A.L1.4 1 -49 MAPubli Data\Resolutionsl 0 Resolutions\R 0 -01 (reserved for seiner Bonds coining from Northland),doo Agenda Item No. 8 v .+ 1 Meeting Date February 19, 00 105 Mayor algid Councl*l Communication.--- ebrualry 13, 2 008 City Administrator -- Resolution No. 200 - 12 Page 17 o2 10.01. When all Bonds and all interest thereon, have been discharged as provided .in this section, all pledges, covenants and other rights -granted by this resolution to the folders Qf the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum. sufficient for the payment thereof in full, If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) 2702v 1 MINI L141-4 MAPublic D t 1R solutions1200 '1 esolutions\R 200 -012 (reserved for Sewer Bonds corning front I orthl nd).do Agen d a Item NO. 8. J Meeting Date February 1, 2 10 Mayor olr and Council Communication —February 13, 200 City Administrator — Resolution No. 20 -012 Page 18 6f 23 The motion for the adoption of the foregoing resolution was -duly seconded by Member and upon vote being taken thereon, the Following voted 'n favor thereof: and the Following voted against the same: whereupon said resolution was declared duly passed and adopted. 327032v l NMI AL141-4 MAPubli Data\R solutions120 solutionAR 200 -012 (reserved for sever Bonds coming from or.thland).doc Agenda Item No. 8. JJ�* Meeting Date February 19, 2008 107 Mayor and Council Communication —February 13, 2008 City Administrator — Resolution No. 200 - 12 Page 19 of 23 STATE OF MfNNESOTA COUNTY OF WRIGHT8S. CITY OF ALBERTVILLE I, the u der igned, being the duly qualified and acting City Clerk of the City o Albertville, Wright County, Minnesota; do hereby certifythat I have careful compared the y attached and foregoing extract of minutes of a regular meeting of. the City Council of the .City held on February 19, 2008 with the original minutes on file in my o fi e and the extract is a full, true and e i-rest copy of the minutes ir'so ar as they relate to the issuance and sale of } General Obligation Serer Revenue Refunding Bonds, Series 200 A of the r - City. WITNESS My hard officially as such City Clerk and the .corporate seal of the City this day of 52008. City Clerk .A.l eftville, Minnesota (SEAL) 327032v I MNI L1 1-4 MAPublio Data\R oWions\ 00 R solution \R 200 -01 (reserved for S wu Bonds corning from Northland).do Agenda Item No. . 4K Meeting Date February 19, 2008 10 Mayor and Council Communication —February 13, 2008 City Ad inns rlr -- Resolution No. 2008-012 Page 20 of 23 STATE OF MINN SOTA COUNTY AUDITOR" S CERTIFICATE AS TO COUNTY of WRJGHT REGISTRATION WHERE No A VALOREM TAX LEVY 1, the undersigned County Auditor of Wright County, Minnesota hereby that a y � y certify resolution adopted by the City Council of the City. of Albertville Minnesota.5 on February 19, 200 relating to General Obligation Sewer Revenue enue Re dig Bonds, Series 200 A, in the 'arnou .t of dated March 1, 2008, has beenfiled- i r y office and said obligations have been registered on the register of obligations 'n my office. WITLESS My hand and official seal this � day of . 52008. (SEAL) County Auditor Wright County, l lin es to Deputy 270 2v1 MIDI ALI41-49 M.\Publi o Data\ResointionsV00 8 Resolu t i o ns\R 200 -012 {reserved for Sewer Bonds corning from Nortltiland}.doe Agenda I.t m No. 8,jam Meeting Date February 19, 2008 109 Mayor and Council Communication —February 13, 2008 City Administrator -- Resolution No. 0 - 12 Page 21 of23 XHI IT A PROPOSALS 327032vl M I AL,141-49 M:1PubIi c Data\Resol utions1200 8 Res ol uti onl 20 0 8- 012 (reserved for Sever Bonds coming froin N ortliland).doc Agenda Item No. 8,03,4X Meeting Date February 19, 200 110 Mayor and Council Communication —February r 132008 City Administrator — Resolution No. 200 -012 Page 22 of 23 EXHIBIT NOTICE OF CALL PR- REDEMPTION $2155000 GENERAL OBLIGATION SEWER REVENUE BOLDS, SERIES 200 A CITY OF ALBERTVILLE WRIGHT COUNTY, I IN ES TA NOTICE IS HEREBY 'GIVEN that,* by order -of the City Council of the City of Albertville, Wright County, Minnesota, there have been called for redemtior� - and prepayment on MARCH 24, 2008 all outstanding bonds of the City designated as General Obligation Sewer Revenue Bonds, Series 2000A,. dated December L 2000, having stated maturity dates of -February I it the years 2009through 2016, both inclusive, totaling $775,000 in principal amount, and with the following C S 1P numbers. Year of Maturity Amount CUSIP Number 200 01P00 013212 RJ3 2010 5530000 0 13212 KK 2011. 65,000 0 13212 KL 2012 70,000 .013212 KM 2013 80po 013212KN4 2014 905000 0 1 212 KP 2015 150,Poo 013212I Q7 2016 2153000 13212-KR The bonds are being called at a price of par plus accrued interest to March 24, 2008, on which date all interest or said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their -bonds for payment at the main o 'fi e of U.S. Ban National Association, In the City of St. Paul, Minnesota (formerly known as Firstar Bark, N.A .), n or before March 24, 2008. 7vl NMI AL1 1-4 M:Tubli DatalR solutionsl20 R solutions\R D - 12 (preserved for sewer Bonds corning from I ortbland).do Agendas 1t m No. 8 Meeting Date February 19, 200 ill Mayor and Counit .Cox mr'ui ation —February 13, 2008 City Administrator — Resolution No. 2 -12 Page 23 of 23 If by mail: U. S. Bank National Association Corporate Trust Operations, o Livingston Avenue P-M -WS 3 C St. Paul, MN 55107 If by hand: U.S. Bank National Association o Livingston Avenue ra Floor — Bond Drop Window St. Paul, MN 55107 Important Notice: In compliance with the Jobs and Growth Tax Relief Reeor llatlo x Apt of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming, i st ' itutions if they are not provided with your social security number or federal employer identification number, properly certified. , This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. The Registrar will not be responsible for the selection or use of the C SIP number, nor is any representation made as to the correctness indicated in the Redemption ption Notice of on any Bond. It is included solely for convenience of the Holders. Additional information may be obtained from: Bated: February 19, 2008. U. S. Bank National Association. Corporate Trust Division Bondholder Relations (Soo) 4- 02 BY ORDER of THE CITY CUN! CIL By Larry Kruse City Administrator City of Albertville, Minnesota 70 2v1 MNI AL141-49 M:: PubIio D ata\ResoIution 12 00 8 Resolutions\ 20 08-012 (reserved for sewer Bonds coring frova North Iand).do Agenda Item No. 8ot1j, Meet in g Date February 19, 200 112 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2008-013 A RESOLUTION REQUESTING COMPREHENSIVE ROAD AND TRANSIT- FUNDING WHEREAS, all Minnesota communities benefit from a sound, efficient and adequately funded transportation system that offers diverse modes of travel; and WHEREAS, the integrity of Minnesotas transportation infrastructure is dependent upon long- term planning and ongoing r aintenance, both of which require dedicated and sustainable revenue sources; and WHEREAS, S, Minnesota leaders have not increased dedicated funding levels for roads,- bridges and transit systems to eep�paee with growing costs and changing needs; and WHEREAS, transportation a. aiysts in consultation with the Minnesota Department f Transportation MnD T estimate Minnesota will have to invest are additional $1.5 billion per year in transportation infrastructure for the next ten years in order to meet identified needs on Minnesota's state highways and bridges, ount r roads, city streets, metro and rural transit systems and local bridges; and WHEREAS, Minnesota's transportation system is failing to meet the capacity creeds necessary to sustain population growth and promote economic development; and WIC RFAS, congestion, inefficient transportation systems and lack of transportation choices lead to greater dependence on foreign oil, increased environmental degradation, and economic disadvantages for Minnesota's businesses and residents; and WHEREAS, S, many rural roads are not built to modern safety standard . sand are not meeting the needs of industries that depend on the ability to transport heavy loads; and WHEREAS, local cost participation requirements for trunk highway and county projects are onerous and are contributing to strains on city budgets; and WHEREAS, t ansportatron infrastructure maintenance and improvement costs significantly contribute to rising property taxes; and WHEREAS, insufficient state funding has delayed regionally significant road construction and reconstruction projects across Minnesota; and MAPublio D tal ity CounciWouncil Packet informationl20 1 2-1 - \02 19 2008 A RESOLUTION REQUESTING COMPREHENSIVE TRANSPORTATION FUNDING 1N 200.doe Agenda Item No. 8aJ.3* Meeting Date February 1, 2008 11 WHEREAS, current funding for goads, bridges and transit systems across all go eminent levels in Minnesota is inadequate, and this under -investment diminishes quality of life for Minnes to residents and hinders Minnesota's progress as a national business, economic and civic leader. NOWTHEREFORE, E IT RESOLVED � y the Council of the City of Albertville that this Council requests that the Minnesota Legislature Maass a comprehensive and balanced transportation funding package that pen-nanently increases dedicated funding for transportation - and, BE IT FURTHER RESOLVED by the Council of the City -of Albertville that this Council requests that Governor Tiny Pa vlenty allow a comprehensive and balanced transportation funding package that permanently increases dedicated funding for transportation that is passed y the Legislature to become law; and BE IT FURTHER RESOLVED by the Council of the City of Albertville that this Council requests that a com' prehenslve and balanced transportation funding package be used upon multiple revenue sources, which may include but not he 1i m--ited to general obligation and trunk highway bonds; and E IT FURTHER RESOLVED y the Council of the City of Albertville that this Council supports funding options including, but not limited to, the following: • An increase in the gas tax; Indexing of the gas tax, provided there is a limit n how much the tax can be increased for inflation -in a given amount of time; Increases in vehicle registration taxes a. .a. license tab fees); Trun, highway bonding, provided the Legislature im lernents reasonable restrictions on the a oul t of debt service the state will in ur and provided the Legislature appropriates funding to assist with local costs related to projects funded with trunk highway bonds; General obligation bonding for local roads and bridges, particularly for roads of regional s s r r F s # � # i s significance and to assist with local cost participation re luirem nt pertaining to tnur> highway projects; Sales tax exemptions for state and local transportation construction projects; and New local funding tools, such as local option sales tax- authority or authority to establish street improvement districts; and IT FURTHER RESOLVED by the Council of the City of Albertville that this Council defines a c mprehen i e and balanced transportation funding package as are initiative that permanently increases dedicated funding for state and local road and transits stems in. Greater Minnesota and the Metropolitan Area. ADOPTED y the Albertville City Council on 1 'n day of February, Zoo . MAPublic ] atal sty CounciRCouncil Packet info m tionl2 102-1 -0 10219 2-008 A RESOLUTION EQU SUN it COMPREHENSWE TRANSPORTATION FUNDING IN 2008.doe Agenda Item N. 8 s .3 a Meeting ]date February 19, 20 0 8 114 0 lbertville Srnalf Torun Lmng. BID My UFO, . Date: February 16, 2008 To: City Council From: Larry R. Kruse, City Administrator e. Gener .i Update ARENA. LAND APPRAISAL It has been reported the S MA Arena Board has accepted Don arthel's offer and staff will be finalizing the Purchase Agreement ASAP. MACIVER PAYMENT Mayor Klecl er will be meeting with Otsego Mayor Larry Fournier prior to February 1 tb to present Otsego with the 1 ael er payment. LACHMAN PLAT Bolton and Men1, Inc., will be finalizing the Lachman Plat, and staff will coordinate with Don Barthel to pay the 2008 real estate taxes so we can record the Plat. 1IMYR TRAILER SAFES We have been having a hard time getting the property owners together. I would like to discuss the City gig ahead with the project and establishing'a connection fee for utilities in that neighborhood. Under this method, Niemeyer would have to pay for the street, but the utilities would be pro -rated based on developable'square footage. Property owners would not have to pay anything until they connect. The connection charge will be indexed to inflation or a construction index, increasing with time. ALBERTVILLE PREMIUM OUTLETS BERM Chelsea is evaluating if they are going to proceed. Adam and I still remain quite confident they will remove- the pile by .the time goad weight limits start. DOWNTOWN LAND SALE/TRADE Received word from Deb Holm that if for whatever Treason Curt Gentile is not able to proceed with the purchase, she is interested in purchasing the entire lot. I will connect With all parties in the very near future to finalize the purchase+ agreements. I1 :\Public D ata\C it r Coun ci11 oun ciI Packet inform- ation1 00 10 -1 -\ -14 -2 00 8 Admini tr tion Report.do Agenda Item No. 8. 14 a Meeting tin Date February 19, 2008 115 Mayor or and Council Communication --- February 14, Zoo City Administrator — Report Page 2 of 2 ANNUAL AUDIO' The fieldwork for the 20 07 audit 's complete. Finance Director Lames and staff did a great job! We are on s6hedule to present to the Council in -April. 5975MAIN AVENUE ME, BUILDING LEASE Received another inquiry from the youth group ministrywantingto lease the building. I relayed the Cou cil's concerns, but they may wart to submit a proposal anyway. I relayed the Council's sentiment to Mark Hulquist regarding leasing the building for church use. He may also want to approach the Council for some more dialogue on its compatibility. Mr. Hulquist believes there use may not conflict with City Hall and property taxes and lease rates are maybe something that can be worked out. According to the County 1f the City leases the building to a. -church, 1t will not lie tax exempt. EMERGENCY MANAGEMENT ' Last week I held a meeting with Wright Counter Emergency Management irector Steve Berg t biegin to focus ,on insuring we are prepared for emergency response se to multiple situations. Staff is also working on CPR training to compliment this effort. r FIB DEPARTMENT — MEDICAL EMERGENCIES 95ectiveMonday, February 2 'h, Allina Ambulance will be the primary responder for medical emergencies. I1 APubli c D ata\C ity Coun iil ouneiI P acket inform ationl2 \02-19-0 8 102-14-20 0 8 Administration Report.doe Agenda Item o. 8 . . 4* Meet in g Date February 19, 2 11 s A,lbertVille Mayor and Council Communication February 15, 200 SUBJECT:'1-94 Interchange Access Request Scope of Phasing Options RECOMMENDATION: It is respectfully requested that the Mayor and Council take action to confirm the scope of Federal and State Approvals for our interchange request, setting the parameters for phasing options. Two motions provided as follows: Motion to. forward all phasing options onto Moot ' a d Federal Highway for 1-94 Interchange Access approval, Motion to forward all phasing options onto MnDot and Federal' Highway excluding option # f (removal of ramps) for 1-94 Interchange approval. BACKGROUND: For several years the City has been working with MnDot to identify a short and long terra plan for 1-94 access. Both MnDot and Federal i hway are in agreement with g Albert Villas plans to provide a 6ollector distributor road between the two interchanges. MnDot has giv n preliminary agreement to a number of interim phasing options whiph may be'included in tie Access Approval Request as follows: 1, Removal of the westerly ramps of CSAH 37 and construction of ramps on the cast sick of CSAH 19, 2. Construction of the collector distributor system on the north side of 1-94. 3. Co .struction of the $12,000,000 interim project without rage replacement, . Construction of the full project. KEY ISSUES: Option i has been controversial and it is not the Cit r' s choice. If included as a phasing option it could require City of Albertville, City of Otsego and Wright County approval prior to implementation. It does provide a phasing option that manages traffic at a cost the City can afford should e era.l u ing not be forthcoming. Option 1, would require Federal Highway to approve this layout rather than MnDot.. thus taking approximately o additional days. The benefit to including this in the access request is that the analysis and expense has been incurred and would not have to be again later. POLICY CONSIDERATIONS: There are no Policy considerations to this request, M Public Data\ ity CouneffiCouncil Packet information\2008\ 2-1 -0 1 2 19 2008 ZZZ I-94 Federal Access Request Scope of Phasing option .doe Agenda Item Igo. 89150 Meeting Date February 19, 2008 117 Mayor and Council Communication — February I9 2008 1-94 Interchange Access Request Scope of Phas ingOptions Page 2 of FINANCIAL CONSIDERATIONS., There is no difference i .financial costs between the two approvals,., LEGAL CONSIDERATIONS: The City Council has the authority to set the scope of the Federal Highway Access request. Respectfully Submitted, Larr 2y R. Se City Administrator Department/Responsible Person: Administration, Larry Kruse Attachments: none MAPublic Data\City CouneffiCouncil Packet info rtnati n1200 \ 2-19-0 8\02 19 20 0 8 ZZZ 1-94 Federal Access Request Scope ofPhasin Options.doc Agenda Item No. Meeting Date February 19, 200 �lbertvilliE S.."1 Uk-g.ftrt Ur Mayor and Council Communication February 19, 2008 SUBJECT: 0 CITY CLERK — STMA WOMEN OF TODAY ONE -DAY LIQUOR LICENSE RECOMMENDATION: This space on the agenda is reserved for the City Council to review the application request submitted by the STMA Woman of Today to serve 3.2% Malt Liquor at the an M-Night-Beer Tasting Event to be held on Friday, February 29, 2008 that will be held at the Albertville City Hall. It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve the One -Day 3.2% Malt Liquor License applications submitted by the STMA Woman of Today for an M-Night-Beer Tasting Event to be held on at the Albertville City Hall on Friday, February 29, 2008. BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and Council to review and ask questions about the gambling and or liquor license applications that are submitted to the City Clerk. KEY ISSUES: • In 2007, the STMA Women of Today submitted an application for a One -Day 3.2% Malt Liquor License for a similar event that was held at the Albertville City Hall. • It is the City's policy to review and approve liquor license application to the sell or serve 3.2% Malt Liquor at events held within the Albertville city limits and on City property. POLICY CONSIDERATIONS: The Mayor and City Council review applications for Gambling Permits and Liquor Licenses within the Albertville city limits. FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for a gambling permit; however there is financial revenue collected from the applicant for liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and direct staff to take action regarding all gambling permit and liquor license applications received by the City of Albertville. Respectfully submitted, Larry R. Kruse City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: none M:\Public Data\City Council\Council Packet information\2008\02-19-08\02 19 2008 8-F-2 STMA Women of Today 1-day Liquor Liceense.doc Agenda Item No. 8. F Meeting Date February 19, 200