HomeMy WebLinkAbout4.a. Consideration of Relocation Claims by Mr. Al Monk from the Table of September 21 CYTY OF ROSEMOUNT
EXECUTIVE SUbmlARY FOR ACTION
PORT AUTHORITY CONIMISSION MEETING DATE: OCTOBER 5, 1993
AGENDA ITEM: RELOCATION CLAIMS FOR AL MONK AGENDA SECTION:
OLD BUSINESS
PREPARED BY: JOHN MILLER, AGENDA ��� �
ECONOMIC DEVELOPMENT COORDINATOR �.� �
ATTACHMENTS: SEPTEMBER 21 STAFF REPORT, MONK APPR0,7MTED BY:
.� + s,,
RELOCATION CLAIMS, PARTIAL TRANSCRIPTION OF ._. -
OF CONDEMNATION HEARING RE: MONK -
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Commissioner McMenomy has asked this item, tabled at the September 21 port
authority meeting, again be placed on the agenda.
I've attached, for your information, a partial transcript of the Monk
condemnation hearing where the issue of Mr. Monk' s relocation was
addressed. The witness first being questioned is the person wh.o submitted
invoices for performing the move. Jeff Halbert, owner of A & G Autobody,
is the second witness.
RECOD�SENDED ACTION: Motion to approve payment of $23,421. 00 to
Mr. Monk for personal relocation, search for rental property, and lost
rent of property.
PORT AUTHORITY ACTION:
CITY OF ROSEMOIINT
EXECIITIVE SU1��2ARY FOR ACTION
PORT AUTHORITY COMMTSSION MEETING DATEs SEPTEN�ER 21, 1993
AGENDA ITEM: PERSONAL RELOCATION CLAIM FOR AGENDA SECTION:
AL MONK OLD BUSINESS _
PREPARED BY: JOHN MILLER, AGENDA��(� � � �
ECONOMIC DEVELOPMENT COORDINATOR �UI
ATTACI�iENTS: PERSONAL RELOCATION CLAIM, LOST APP D _B :
RENT CLA.IM, SEARCH FOR RENTAL PROPERTY CLAIM
A1 Monk has submitted the following claims to the Rosemount Port Authority:
Personal Relocation $13, 879 .00
Search for Rental Property $ 1, 000, 00
Lost Rent ` S 3 , 800. 00
Total $18, 679 .00
In addition, Monk would possibly be eligible for an additional seven months
rent reimbursement ($7, 000) and costs of moving the personal property from
storage ($5, 500) .
The claims were not recommended for approval by Conworth, Inc. and there
were parts of the claims I was unable to verify.
In working with Mr. Allgeyer, John Connors of Conworth, Inc. , and Mr.
Monk's attorney, Jim Dorsey, it was suggested an equitable settlement for
all of Mr. Monk' s claims would be payment of an amount equal to the low bid
Conworth received from Peipho Storage and Moving Inc. of $23 ,421.60.
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RECOIrIlytENDED ACTION: Motion to approve payment of $23,421, 60 to Mr.
Al Monk for personal relocation, search for rental property, and lost
rent of property.
PORT AIITHORITY ACTION:
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1
STATE OF MINNESOTA DISTRICT COURT
2
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
3
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4 City of Rosemount Port Authority,
5 Petitioner,
6 vs. Court File No. CO-93-6261
7 PARCEL NO. 1
Albert R. Monk, Rosemount National
8 Bank, John Anderson, Dakota Small
Engine Service, A&M Building &
9 Supply, Inc. , Deborah Halbert,
Jeffrey Halbert, A&G Auto Body,
10 Inc. , and County of Dakota,
11 PARCEL NO. 2
Richard F. Battaglia, Judy Battaglia,
12 Rick's Auto Repair, Charles E.
Cunningham, Helen J. Cunningham,
13 First State Bank of Rosemount, and
County of Dakota,
14
PARCEL NO. 3
15 Earl J. Tourdot, Karen A. Tourdot,
Gene Capocasa, Sandra Capocasa,
16 Tourdot Custom Upholstery, Inc. ,
Reno's Pizza, and County of
17 Dakota,
18 Respondents.
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19
20 CONDENIl�TATION HEARING
September 1, 1993
21 Partial Transcript
22
DEBRA S. DIKKEN, RPR
23 DANIEL M. LARKIN COURT REPORTERS
1117 Marquette Avenue
24 1709 Symphony Place
Minneapolis, Minnesota 55403
25 (612) 341-3282
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2
Condemnation Hearing, Partial Transcript,
3
taken before Debra S. Dikken, Freelance Court Reporter and
4
Dakota County Notary Public, State of Minnesota, on the
5
lst day of September, 1993, at 2121 Cliff Drive, Eagan,
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Minnesota.
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8
* * * * *
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10
APPEARANCES:
11
Commissioners: S. TODD RAPP, BETTY ARMSTRONG
12
and L.T. DUNHAM
13
DAVID A. ALLGEYER, ESQUIRE, of the firm of
14
Lindquist & Vennum, 4200 IDS Center, Minneapolis, MN
15
55402 , appeared representing the Rosemount Port
16
Authority.
17
JAMES DORSEY, ESQUIRE, of the firm of Leonard
18
Street & Deinard, 150 South Fifth Street, Suite 2300,
19
Minneapolis, MN 55402, appeared representing Albert
20
Monk.
21
Also Present: AL MONK, CORY BULTEMA, TTMOTHY
22
LABATTE and JEFFREY HALBERT
23
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1 I N D E X
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3 Caption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4 Appearance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5 Index. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6
7 EXAMINATION OF TIMOTHY LABATTE:
8 By Mr. Dorsey. . . . . . . . . . . . . . . . . . . . . . . . . . .4, 25
9 By Mr. Allgeyer. . . . . . . . . . . . . . . . . . . . . 17
10 By Mr. Rapp. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
11
12 EXAMINATION OF JEFFREY HALBERT:
13 By Mr. Dorsey. . . . . . . . . . . . . . . . . . . . . . . . . . . 27
14 By Mr. Allgeyer. . . . . . . . . . . . . . . . . . . . . . . . . . . 35
15
. 16 Reporter's Certificate. . . . . . . . . . . . . . . . . . . . . . . . . 40
17
18 * * * * *
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a
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1 TIMOTHY LABATTE,
2 called as a witness, being duly sworn, testified as follows:
3
4 E X A M I N A T I O N
5
6 BY MR. DORSEY:
7 Q. Mr. LaBatte, will you please state your name, address
8 and age please?
9 A. My name is Timothy Roland LaBatte, Senior. My
10 current address is 3508 - 39th Avenue South,
11 Minneapolis. My age is 32 years old.
12 Q. Okay. And who did you live with the a 3508 - 39th
13 Avenue South?
14 A. My fiancee, Brenda DuMarce, and my son, Brendon
15 LaBatte.
16 Q. Okay. And what's your educational background?
17 A. High school graduate, diploma, one year building
18 trades, vo-tech, and two years business college,
19 Sisseton Wahpeton Community College.
20 Q. Sisseton Wahpeton Community College?
21 A. Yeah, Sisseton Wahpeton Community College.
22 Q. What state is that in?
23 A. Sisseton, South Dakota, the northeast part of South
24 Dakota.
25 Q. Okay.
5
1 A. And I've been through other management schools. When
2 I was in the military service for six years, they
3 sent me through --
4 Q. Okay. And what business are you in?
5 A. At the present time, I'm the owner-operator of TL
6 Construction Company.
7 Q. And what's the address of the company or where are
8 you operating out of?
9 A. 3508 - 39th Avenue South.
10 Q. Now, is that a --
il A. I also operate out of -- I do own land and a farm
12 back in South Dakota by Sisseton. Currently I share
13 crop the land, and I do operate out of there also
14 where I keep construction equipment and such at my
15 farm.
16 Q. Okay. What's the name of your company?
17 A. TL Construction Company.
18 Q. And what kind of construction services do you
19 provide?
20 A. Okay. We provide a major part of inetal buildings,
21 pole buildings and various other types of
22 construction which is linked with them. I guess
23 we're not bound to one type of construction service.
24 We like to keep with the metal buildings, the pole
25 buildings. That's our specialty. But by no means
1
6
1 are we Iimited to not doing oth�r types of
2 construction; any kind of construction. I myself
3 have nine years working with various construction
4 companies through the three-state area, South Dakota,
5 North Dakota and Minnesota. And any kind of
6 construction that I can find that will keep my crew
7 busy, that's what I do.
8 Q. Okay. And i forgot to ask you. Is TL Construction a
9 sole proprietorship?
10 A. Yes, it is.
11 Q. And you provide contract Tabor for that kind of work?
12 A. Yes, I do.
13 Q. What kind of work do you provide contract labor for?
14 A. Well, heavy labor I guess. Heavy manual labor jobs
15 that we do, I would provide any type if -- perhaps in
16 the past like if an owner of a house or other wanted
17 his roof shingled and he just wanted to pay the labor
18 portion of it, well, I would provide the labor, men.
19 But I have a list of -- I keep a list of 30 men that
20 I have on hand, both that live around in this area
21 and South Dakota that are willing to work as contract
22 -- or contract labor on certain projects.
23 Q. How did you get into the construction business?
24 A. Well, farming wasn't doing too good and --
25 Q. I can understand.
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1 A. Only glad that I'm out of it this year all the way.
2 But besides farming for the last eight to nine years,
3 I -- that's what I've did also, is part-time
4 construction, seasonal construction.
5 Q. Did you hold a position with the board of
6 commissioners of -- for HUD Region 8 Housing?
7 A. Yes.
8 Q. When was that?
9 A. Okay. That was from 1984 through 1986.
10 Q. And what were your duties as the chairman of --
11 A. We held monthly meetings, monthly general meetings
12 and special meetings. I was delegated or appointed
13 by the tribal council, which I sat on back home. And
14 we were council -- our membership back home, we have
15 10, 000 members. And we roughly have around 925, 000
16 acres. And on those acres we have land. Some of
17 it's mutual self-help homes, roughly about 1,300
18 units that we sat over and we --
19 Q. You oversee those homes or maintenance of them?
20 A. Yes, we oversaw renovation, maintenance, new
21 construction.
22 Q. what else? Okay. Do you have any elderly housing
23 too?
24 A. Yes, we have seven different districts that we have
25 elderly complexes, seven of them, each district,
,
8
1 broken down --
2 Q. You were the chairman of the board of commissioners
3 for the HUD Region 8 Housing?
4 A. Yes.
5 Q. Do you hold any -- or have you held any positions
6 with your tribe?
7 A. Okay. That's tribal councilman where I was elected
8 and appointed at large; election every two years,
9 general election.
10 Q. How you did you come to work in Minnesota?
11 A. I have relatives out here at the Mystic Lake Casino.
12 At that time it was called Shakopee/Prior Lake. They
13 informed me that they were going to start building a
14 new casino. And there wasn't too much for
15 construction work back there or development. So I
16 looked into here, and I met with the people. I
17 worked with them a while. I worked for them for
18 exactly about six weeks as just as a regular
19 construction worker, carpenter. And I seen that -- I
20 had people back home that were asking me about jobs.
21 I says, Well, here we go to put together a
22 construction company and we can do the -- whatever
23 they need done here, whatever we can do. Metal
24 buildings, I�ve worked with them out of the last nine
25 years approximately about four years. And I knew all
,
9
1 the ins and outs on doing metal buildings. So I put
2 together a crew, put together a bid. And I was
3 successful at getting the bid. And it was eight to
4 nine month project out at Mystic Lake redoing their
5 maintenance building out there.
6 Q. Are you just finishing that project up?
7 A. Yes, that's -- we have.
8 Q. Now, did you move or did -- move Al Monk's personal
9 property from the south building on South Robert
10 Road?
11 A. Yes, I did.
12 Q. And did you submit an invoice for that move?
13 A. Yes, I did.
14 Q. I'm going to show you what's been marked Exhibit 5
15 previously in this proceeding and ask if that appears
16 to be a copy of the invoice you sent to Mr. Monk for
17 the services?
18 A. Yes, that was for the actual services rendered to A1
19 on his moving.
20 Q. Okay. And that's the first page. Then you've got a
21 second page which shows some -- I guess some boxes
22 and cartons but also --
23 A. It's to --
24 Q. -- move out and a --
25 A. -- move out of storage too.
10
1 Q. So that is a statement you submitted to Mr. Monk, an
2 estimate?
3 A. Yes, uh-huh.
4 Q. Now, did you submit an estimate for the move out for
5 A1 --
6 A. Yes.
7 Q. -- before you did the work?
8 A. Yes, prior to that.
9 Q. What do we have here, Exhibit 20? Is this a copy of
10 the estimate you submitted to A1 Monk before you did
11 the move-out work?
12 A. Yes, I did.
13 Q. You estimated the cost would be about $9,000?
14 A. Yes.
15 MR. DORSEY: We would offer Exhibit 20.
16 MR. RAPP: Are you done?
17 MR. DORSEY: I mean, I guess so. No
18 objection? All right.
19 MR. RAPP: I didn't hear any.
20 MR. DORSEY: I was waiting for -- no
21 problem, all right.
22 BY MR. DORSEY:
23 Q. Did you -- and before submitting this estimate,
24 Exhibit Number 20, did you inspect the property and
25 what had to be moved so you could make a reasonable
11
1 estimate?
2 A. Yes.
3 Q. And you estimated it would take seven to eight
4 days --
5 A. Yes.
6 Q. -- to do the move?
7 A. Uh-huh.
8 Q. And were you contemplating furnishing four men to do
9 the move?
10 A. Yes, at that time I had.
il Q. Now, it's been suggested here that the move could not
12 take four men eight days, which is what it took
13 apparently according to your invoice?
14 A. Uh-huh.
15 Q. What had to be moved from Mr. Monk's property that
16 took so long?
17 A. Well, this wasn't your normal household packing.
18 I've also moved homes and so forth. In fact today I
19 was talking about moving a family that called me.
20 But this is all heavy equipment that Al had stored
21 away in his shop, and I think he had it stored away
22 pretty well. It was a lot of heavy equipment. I
23 mean, some of the boxes, small boxes like this, after
24 you load them up with the bolts, equipment, different
25 tools that he used, different things, would weigh
12
1 about around 100 pounds. And this equipment was at
2 his place for quite sometime also, so it wasn't just
3 a matter of just taking it and throwing it in a box.
4 We want to do a neat, professional job, which we did,
5 which meant cleaning off the equipment before you
6 pack it away. It had a lot of dust and different
7 debris on it like that and --
8 Q. Was there a tool chest involved too?
9 A. Yes, a very heavy tool chest.
10 Q. And auto parts?
11 A. Yes. The tool chest weighing 300 to 400 pounds,
12 heavy air compressors, big auto parts.
13 Q. Auto parts?
14 A. Yes.
15 Q. And you said bolts and other machinery?
16 A. Yes, other machinery too.
17 Q. Now, it was also suggested that there's only 1, 000
18 square feet out of which this had to be moved. Was
19 there an area above the office in the south building?
20 A. Yes, there's an area above the office. Like I said,
21 he had a lot of his things packed away really well.
22 I mean, he made good use of the area or the space he
23 did have in there. It was a task taking things out
24 of there and loading them up and so forth, many
25 trailer loads full. I mean, I stopped counting. But
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1 offhand I would say 20 to 30 trailer loads come out
2 of his place there, tools and equipment.
3 Q. Okay. And did you have -- did the people who did the
4 labor work, did you have time cards that they
5 submitted?
6 A. Yes, I did. They submitted them each week.
7 Q. I'm showing you what's Exhibit 21 and ask if that's a
8 copy of the time cards?
9 A. Yeah, yup, that's the time cards. I supervised three
10 other employees.
il Q. And there's time for yourself on the cards?
12 A. Yes.
13 Q. Showing you what's been marked -- we already marked
14 Exhibit 21.
15 MR. DORSEY: I'd offer Exhibit 21.
16 BY MR. DORSEY:
17 Q. The move was done April 29 through -- or April 19,
18 the 23rd, the 26th and the 28th?
19 A. Yes.
20 Q. And it was, what, eight days and eight hours an
21 employee?
22 A. Yes, we worked eight-hour days. There was no
23 overtime.
24 Q. The work was done by yourself and a fellow named Kurt
25 Snow. Is he a fellow that works for you?
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1 A. Yes, he is.
2 Q. And Reynold DuMarce?
3 A. Yes.
4 Q. And Kenneth DuMarce?
5 A. Yes.
6 Q. Are they your girlfriend's brothers, cousins,
7 relatives?
8 A. They're related through marriage, yes. She's --
9 they're not blood relatives but --
10 Q. And it was your opinion that the time spent to do
11 this move was reasonable?
12 A. Yes, it was.
13 Q. What equipment did you use in the move?
14 A. We used forklifts. We used a forklift. We had to
15 disassemble a large paint booth. We had air
16 compressors to move. We had large tool chests. We
17 had a cabinet, couple cabinets, fire brick cabinets
18 and --
19 Q. What kind of trucks did you use?
20 A. We had one-ton truck on the place and a truck with --
21 I believe it was a 22 foot flatbed.
22 Q. And you had a trailer for the one-ton truck?
23 A. Yes, a tandem trailer behind the one-ton.
24 Q. Was this equipment reasonable to use in the move?
25 A. Yes, it was. He had --
,
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1 Q. Have -- I'm sorry. Have you been paid for your
2 services yet?
3 A. Okay. I've been paid 4,000. And as you can see,
4 that covered most of my hired help. But it doesn't
5 cover my wages or a lot of the equipment rental,
6 which I've had money invested in this I guess.
7 Q. Have you sent Mr. Monk a demand letter for --
8 A. Yes, I have. One thing, you know, starting a
9 business as small as mine is and getting off to a
10 start, it's where I'm using my own cash flow in this.
11 And I like to go from one project to the next, and I
12 do reinvest what I may make out of one project and
13 put it maybe into a little. But I can no longer kind
14 of wait as far as what I have invested into this.
15 Q. So you sent him a demand letter for the additional
16 $4, 179?
17 A. Yes.
18 MR. DORSEY: I won't introduce this into
19 evidence unless you guys want it for paper.
20 BY MR. DORSEY:
21 Q. Is your estimate of the move out at $5, 500 reasonable
22 in your opinion?
23 A. I think it's reasonable.
24 Q. Why is it less?
25 A. It's less because we do have some of the things --
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1 like I said, they were in store -- A1's business
2 there; they were put away for awhile. We did package
3 some of 'em up, and we're hoping that where they're
4 at now they're --
5 Q. They�ll stay packaged?
6 A. Stay packaged, yeah. Although, you know, I know
7 sometimes -- like he was stating, Mark on the boxes
8 the things in case I need to break something open, so
9 there's always that --
10 Q. Do you have any other --
11 A. -- possibility.
12 Q. I'm sorry, I didn't mean to interrupt you.
13 A. That's okay.
14 Q. Do you have any other business relationship with A1
15 Monk?
16 A. Other than we -- some possible joint ventures because
17 I did -- I know A1 now for about close to 10 years
18 and I know him as a reputable steel supplier, and my
19 business right now is the steel building business and
20 I certainly look on to them as a supplier of steel.
21 Q. So you're trying to joint venture somewhat?
22 A. Some different ventures where -- we did have one.
23 There's some casinos going up there where I can
24 possibly furnish the labor, the manpower part; A1 _
25 could furnish the metal building. And we can joint
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1 venture into that like doing different buildings.
2 MR. DORSEY: Okay. I have no other
3 questions.
4
5 E X A M I N A T I O N
6
7 BY MR. ALLGEYER:
8 Q. May I ask how long TL Construction has been in
9 existence?
10 A. June of 1992 .
11 Q. Does TL Construction do any advertising or --
12 A. Not at this point. Our capital doesn°t allow us to.
13 I mean, I didn't go seek out any bank financing. I
14 have talked to some minority businessmen and -- in
15 Minneapolis, the city of Minneapolis, and they have
16 offered to me help with getting me an office,
17 different types of fundings, grants and so forth.
18 And I do have one lawyer that I am looking up to to
19 get all the papers and such in order. And like I
20 said, we're, you know, relatively young as a company.
21 But we're -- you know, we're doing -- I think we're
22 doing a pretty good share of business right now.
23 Q. Is the company listed in the phone book?
24 A. No, not at this point. Like I said, right now I�m
25 working in different parts, three-state region. If I
f
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1 have a project -- and I do have some projects in
2 North Dakota that may be coming up -- I may be forced
3 to move there and manage those projects. I mean,
4 when you're talking eight to nine months out of a
5 year on a project -- and I used to live on the road
6 doing construction -- I mean, it's worth while at
7 this point an as an owner to move by the site. I do
8 work out of my truck, pickup, and most my tools I can
9 pull behind the truck.
10 Q. I appreciate the explanation, but we can probably do
11 this a little shorter if you'll just answer as best
12 you can.
13 A. Okay, yeah.
14 Q. So you don't -- if I were to try and find your
15 company in the phone book, I wouldn't be able to do
16 that?
17 A. No, you wouldn't be able to do that.
18 Q. And the number that is on the invoice that you
19 submitted has been disconnected or changed; correct?
20 A. Yes. I have been -- and I would say that that is --
21 I have been through some hardships financing my own
22 projects. And this is part of probably the reason
23 why I'm here today is because this is causing me a
24 hardship, the 4,800 that is owed to me.
25 Q. Okay. And you understand that if your testimony here
, 19
1 today persuades everyone that this bill ought to be
2 paid that you're going to make some money on that;
3 correct?
4 A. I don't think -- roughly speaking I don't think I'm
5 going to be making very little. I'm going to clear
6 back some of the money I had back and invested into
7 this in equipment rental and to wages and so forth
8 that was owed to me four or five months ago. I don't
9 think I'm going to be making -- waiting this long for
10 this money I'm going to be making very little.
11 Q. Okay. But you understand that --
12 A. Yes.
13 Q. All right. Now, does Ms. DuMarce understand that you
14 do business under the name TL Construction?
15 A. Yes, she does.
16 Q. Can you think of any reason why when she was called
17 by Mr. Miller of the City she said she hadn't heard
18 of TL Construction?
19 A. I have no idea. You would have to ask her.
20 Q. Have you instructed her --
21 A. No.
22 Q. -- to answer the phone in that way?
23 A. No.
24 MR. DORSEY: She's out here if you want to
25 ask her.
,
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1 BY MR. ALLGEYER:
2 Q. Now, when you moved the various equipment from the
3 premises did you come to any understanding as to
4 whether that was A1 Monk's personal equipment as
5 opposed to business equipment and so forth?
6 A. I did not make any distinctions on the move, I mean,
7 whether it's personal or his own business, no.
8 Q. And you didn't really have any way of knowing that I
9 take it?
10 A. No.
11 Q. And was the equipment within -- you mentioned some
12 area above the office?
13 A. Yes.
14 Q. There was equipment and stuff there?
15 A. Yes.
16 Q. And was essentially that whole building that he
17 occupies full of stuff, or was it just about 1, 000
18 foot square in addition to the stuff above the
19 office?
20 A. I think it was all full of everything -- place you
21 looked on there. I mean, once we went through that
22 building there wasn't one area that we didn't touch
23 that he had things stacked up, put on the wal�s.
24 Q. So the whole building was full of stuff. And was
25 there a front-end loader in there?
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1 A. No, not at that time.
2 Q. Okay. Were there vehicles in the building?
3 A. Yes, there was the --
4 Q. Can you tell me what --
5 A. -- two vehicles that we moved. There was -- I
6 believe it's a 'S6 Cadillac, and there was a Mustang.
7 I'm not sure of the year, '66, classic car.
8 MR. RAPP: Mr. LaBatte, I'm going to
9 interrupt you for a moment so I can ask counsel
10 something. Point of clarification, are the
il parties expecting that the commissioners are
12 going to be determining in any fashion the
13 amount of compensation that Mr. Monk is entitled
14 for relocation or moving costs at all?
15 MR. DORSEY: No.
16 MR. ALLGEYER: I don't anticipate that.
17 MR. DORSEY: No, I don't. I didn't bring
18 it up though.
19 MR. RAPP: So what are we talking about
20 here?
21 MR. DORSEY: I didn't bring it up. I mean,
22 we had a lot of cross examination on it. It was
23 Mr. Monk, who is a veteran of both the Korean
24 and Vietnam wars, that was basically called a
25 liar to his face by Mr. Allgeyer. And I'm here
22
1 to introduce you to Mr. TL Construction.
2 MR. RAPP: Okay.
3 MR. DORSEY: I mean, this is supposed to be
4 a credibility issue, credibility issue.
5 MR. RAPP: Okay.
6 MR. DORSEY: And that's why he's here --
7 MR. RAPP: All right. That's fine.
8 MR. DORSEY: -- because they brought in the
9 extraneous evidence about --
10 MR. DORSEY: That's fine. But let's --
11 what I suggest that counsel do is that counsel
12 restricts the examination, particularly since
13 it's 20 minutes after 7: 00, to issues relating
14 to valuation that we're called upon by the court
15 to consider for the courts -- as officers or
16 appointed commissioners by the court.
17 MR. ALLGEYER: All right. In that case I
18 have no further questions.
19 MR. DORSEY: I have nothing either.
20 MR. RAPP: Well, I do.
21 MR. DORSEY: I didn't want to bring him in
22 in the first place but I didn't --
23 MR. RAPP: Well, now you've got him here.
24 MR. DORSEY: I know.
25
23
1 E X A M I N A T I O N
2
3 BY MR. RAPP:
4 Q. Mr. LaBatte, I just have a few questions. I don't
5 represent a party. I'm, one of the commissioners with
6 Mr. Dunham and Ms. Armstrong. You build buildings?
7 A. Yes, we do.
8 Q. And you I think indicated that you had built
9 buildings for four of the last nine years?
10 A. Yes.
11 Q. I take it that means that you built buildings part of
12 each of the last nine years?
13 A. Yes.
14 Q. And primarily the buildings that you built were metal
15 buildings?
16 A. Yes, they were.
17 Q. Can you estimate with some degree of accuracy how
18 many metal buildings that you've built over the last
19 nine years?
20 A. I would have to say the figure would be somewhere
21 close to 20, 20. And these are commercial -- these
22 would be considered large -- I could name off, you
23 know, dozens of pole buildings where I built egg
24 buildings for farmers. But these are commercial
25 buildings.
� 24
1 Q. How does the building that you moved Mr. Monk out of
2 compare in terms of its construction to the types of
3 buildings that you build7
4 A. The same; it's about the same type of building.
5 Q. And you were in Mr. Monk's building apparently quite
6 a number of hours?
7 A. Yes.
8 Q. Did you have an opportunity to examine it and --
9 A. Yeah, I think we -- I was, by the way, interested in
10 the tear down of that building there. I wasn't
il informed of, you know --
12 Q. Didn't get the chance?
13 A. Yeah, I didn't -- well, we showed up but it was the
14 13tk� hour type of thing and it's . . .
15 Q. Okay, all right. Well, I'm just sort of flying out
16 of the blue here with a question.
17 A. Okay. ,
18 Q. Do you have any opinion that's based on your
19 experience in building metal buildings of the type
20 that Mr. Monk's was and the type that you build --
21 A. Yes.
22 Q. -- what kind of useful life you either represent to
23 your clients they can expect out of their buildings
24 or the people could expect for a new metal building
25 such as the type he had and such as the type you
25
1 construct?
2 A. Okay. Let me -- okay. I guess the best way I could
3 answer that is, like I said, I was interested in
4 tearing down that building because right now I know
5 of about 12 different businesses located in South
6 Dakota or Minnesota that would like to have a
7 business -- or a building, the opportunity to have --
8 to get a building like that and move it someplace and
9 set it back up and make a shop.
10 Q. But do you make representations to the people you
11 build buildings for how long they ought to be able to
12 expect their building will be serviceable after you
13 build it, how many years or months or decades?
14 A. Well over 30 years by the life of these buildings.
15 There's -- yeah, there's a lot of buildings out there
16 now that have that life and there's people operating
17 out of them still.
18 MR. RAPP: Thank you. Anybody else have
19 any questions?
20
21 F U R T H E R E X A M I N A T I O N
22
23 BY MR. DORSEY:
24 Q. Just one question. There is a difference between a
25 pole building and structural steel building?
,
26
1 A. Yes, there is.
2 Q. And they have a difference in quality of construction
3 and -purpose?
4 A. Uh-huh, yes.
5 Q. Would you agree with --
6 A. Yes. Structural steel is your more heavy duty, more
7 commercialized building on the market today. And
8 that's what I think people who are into various
9 commercial buildings, that's what they ask for. It's
10 -- you know, although the pole building wood frame
11 might be a little inexpensive, you see more people
12 asking for the metal frame, more durable of a
13 building.
14 Q. Heavier gauge metal siding?
15 A. Yeah, wind loads, snow loads, the whole works. It's
16 a better building.
17 MR. DUNHAM: It's more expensive also.
18 THE WITNESS: It's more expensive. But
19 I've seen I don't know how many buildings out
20 west, particularly out west, bow due to snow
21 loads and that that people try to get by with
22 building a business. And had to dig one person
23 out; snow load caved in their building.
24 BY MR. DORSEY:
25 Q. With a pole building?
�
,
27
1 A. Yup, pole building. They had machinery in there, you
2 know, whole works. And, you know, it doesn't pay if
3 it's for commercial purposes.
4 Q. Okay.
5 MR. RAPP: Mr. LaBatte, I think we're done
6 with you.
7
8 JEFFREY HALBERT,
9 called as a witness, being duly sworn, testified as follows:
10
11 E X A M I N A T I O N
12
13 BY MR. DORSEY:
14 Q. Would you state your name, age and address please?
15 A. Jeffrey Alan Halbert, 33, 15543 Cornell Trail,
16 Rosemount, Minnesota.
17 Q. Okay. Are you Mr. Monk's son-in-law?
18 A. Yes, I am.
19 Q. And did you -- were you ane of the owners of A&G Auto
20 Body Shop, Inc.?
21 A. Yes, I was vice president.
22 Q. And were you displaced by the condemnation that we're
23 all here for as you know?
24 A. Yes, I was.
25 Q. And does -- did the auto body shop work generate
28
1 hazardous waste?
2 A. Yes, we did.
3 Q. What kind?
4 A. Mainly it was all waste thinner.
5 Q. Pardon me?
6 A. Waste thinner after we painted cars.
7 Q. Waste -- paint thinner or --
8 A. Enamel thinner and lacquer thinner. We would paint
9 our cars and then we would have to rinse our guns
10 out.
11 Q. Okay. And when did you vacate the A&G Auto
12 facilities at South Robert Road?
13 A. I believe it was May 1 of this year.
14 Q. Okay. How did you dispose of the hazardous waste
15 before you vaaated?
16 A. I had a company come out and pump it out of my drums.
17 Mel's Trucking was the company. They're licensed and
18 bonded and insured with the State of Minnesota.
19 Q. And this is exhibit -- what are we on, 22 -- this is
20 Exhibit Number 22. Is this a receipt they give you
21 to show they came out and pumped the hazardous waste
22 out of your barrels? �
23 A. Yes, it is.
24 Q. And then what do they do with the barrels; do they --
25 A. This is shipped off site to -- let me find out where
}
, 29
1 it went to here -- it went to Indiana. Okay. So
2 what they do is they have a smaller truck come around
3 to various body shops, and they'll work an area.
4 See, this time he came out with the Twin City area.
5 He'll fill up his truck. Then they'll -- when that
6 gets full then they'll go and pump it back into a
7 semi, like a big tanker, and then they ship it out of
8 state. All the time that this thing is being
9 transported from the day they pick it up from my shop
10 to the day it is disposed of when it reaches Indiana,
11 I have to -- I'm legally responsible for it. So what
12 we do is we have to pay a fee to have a 24-hour hot
13 line where if this thing happens to -- this truck
14 happens to spill, they can get ahold of ine and we can
15 say, you know, I've got all the documentation that
16 this was picked up. They just want to know who
17 belonged to all this waste thinner.
18 Q. Okay. Well, what happens -- what do they do with the
19 barrels that they pump the waste out of; what do they
20 do with the barrels?
21 A. Well, for the most part when we were still in
22 operation we just left them in a spot and we had to
23 -- they have a tag that we put on there when it was
24 picked up, you know, and disposed of and when we
25 started filling it again. So we had to keep daily
�
� 30
1 logs of what went in there and how much every day so
2 that when Dakota County came out and looked at it,
3 which they did once a year, that I had all my
4 paperwork in order. And they -- Dakota County would
5 inspect all my manifests. Now, I want to say too,
6 once this stuff reaches the destination, I send a
7 copy to the Federal Government and the State of
8 Minnesota so everybady has got records of it.
9 MR. DORSEY: Okay. We'd offer Exhibit
10 Number 22 .
11 THE WITNESS: Now, in this particular case
12 when we closed the business by law I cannot
13 dispose of these barrels unless I cut the
14 bottoms --
15 MR. ALLGEYER: Excuse me. I'm going to
16 object on the grounds of lack of foundation.
17 The witness hasn't shown that he knows what the
18 laws are for --
19 BY MR. DORSEY:
20 Q. Well, let's get technical. So what do you have to do
21 by law?
22 A. By law you cannot dispose of these containers unless
23 the tops and bottoms are cut out. Once you do that
24 and the material is pumped out of it, then you can
25 dispose of them, which in this case it Could have
� 31
1 gone to the scrap yard which -- I don't know where
2 they are.
3 Q. Now, are there also some five gallon cans that are in
4 the back of your shop?
5 A. Yes, there were.
6 Q. What are those?
7 A. Those were same thing, empty thinner cans.
8 Q. Okay. Those are -- those you don't cut the tops and
9 bottoms out of; those are just empty ones that have
10 been used?
11 A. Right, I did not have to do that.
12 Q. Okay. And then after your -- Mel's picked up your
13 waste thinner, did you have an inspection done by
14 Dakota County?
15 A. Yes, I did. They came out and did what they call a
16 closure on my property to make sure that I was in
17 compliance with everything and was not leaving any
18 hazardous materials behind.
19 Q. So they inspect your property?
20 A. Yes. I can't remember the gal that came out there.
21 Maybe it's on there. She walked around my property,
22 saw the empty containers out back, saw that there was
23 no left-over hazardous waste and everything had been
24 disposed of properly. I showed her a copy of this
25 manifest, that stuff had been picked up. And she
.
32
1 said, "Everything looks fine to me. " She filled out
2 that form, checked everything off, gave me a copy of
3 it.
4 Q. I'm going to show you what's been marked Exhibit
5 Number 23 . Is that what she checked off?
6 A. Uh-huh. She did -- checked off the proper manifest
7 and completions and land disposal restrictions.
8 MR. DORSEY: We would offer Exhibit Number
9 23.
10 THE WITNESS: That was all that was
11 required of ine to close my business.
12 BY MR. DORSEY:
13 Q. I want to show you what's previously been marked
14 Petitioner's Exhibit 1. Are these the kind of
15 containers that were on the back of your property?
16 A. For the most part -- most of them. Some of them I do
17 not recognize. There's a few here I don't know whose
18 they are.
19 Q. You don't know what they are?
20 A. No. They do not belong to me.
21 Q. Laundry detergent, is that the one, and --
22 A. Well, let's see here. Like this one and the oil pan
23 and that one and those three there I guess would be
24 the --
25 Q. So you're talking about the ones that look like
T
a
33
1` they're plastic and the oil pan?
2 A. Yup, right.
3 MR. MONK: Stuff they picked up back at
4 Rick's down there.
5 MR. DORSEY: Oh, they picked up in back of
6 Rick's?
7 MR. MONK: Uh-huh.
8 BY MR. DORSEY:
9 Q. Now, the empty barrel is scrap metal after they've
10 been picked up like that?
11 A. Yes, they are. They're ready to be disposed of. And
12 what they would do then would be taking it with scrap
13 metal, your used fenders, hoods, whatever have you,
14 that they could -- they could crush them.
15 Q. Now, before you vacated the property on May 1 or on
16 or about May 1 did you walk the property to see if
17 there was anything down the ravine behind the
18 property?
19 A. Yes, I did.
20 Q. Did you see anything down there?
21 A. I did not leave anything.
22 Q. Did you see anything down there, any barrels down
23 there?
24 A. No, sir.
25 Q. Did Mr. Miller of the Rosemount Port Authority or
a
• 34
1 anyone on behalf of the Rosemount Port Authority ever
2 call you about barrels in the back of your property
3 or five gallon cans and ask you whether or not they
4 had been emptied, whether or not you had any proof
5 they had been emptied, anything about them?
6 A. No, they did not. But if they would have they could
7 have saved themselves a lot of time and money.
8 Q. Now, did you try to relocate A&G Auto Body Shop in
9 Rosemount?
10 A. Yes, I did.
il Q. Why didn't you do so?
12 A. Well, it seemed that every time we wanted to move to
13 a certain location there was always some reason or
14 another, always off the record on their part, why we
15 could not go to that specific spot we had chosen.
16 Q. Okay.
17 A. That was basically the long and short of it, you
18 know. Every time we wanted to go here, they said,
19 No, you're not good enough for this location, it
20 costs too much, da da da da da.
21 Q. Have you ever seen the gentleman sitting in the
22 corner, Cory Bultema?
23 A. No, sir.
24 Q. Did you ever see him inspecting the property, in any
25 manner inspecting the property while you were there?
.
35
1 A. No.
2 MR. DORSEY: I have no other questions.
3
4 E X A M I N A T I O N
5
6 BY MR. ALLGEYER:
7 Q. When you vacated the property, there were a number of
8 barrels like the ones on Exhibit 1 still on the
9 property somewhere; correct?
10 A. Exhibit 1, these little ones you mean?
11 Q. Well --
12 A. Or the big ones you're talking about?
13 Q. Well, let's look --
14 A. These three big ones.
15 Q. And those were still on your --
16 A. Yes, they were.
17 Q. -- property when you vacated the property?
18 A. Uh-huh.
19 Q. And you didn't make any effort to dispose of them,
20 scrap them out, anything like that?
21 A. No, because I had talked to the demolition crew and
22 they said, "Go ahead and leave them there. We'll
23 dispose of them with the rest of the remaining scrap
24 metal. "
25 Q. Al1 right. Now, did you ever think about taking off
�
♦
36
1 the sticker that says "Hazardous waste. Contact the
2 nearest police if this is found"?
3 A. As far as I knew, I was not required to do so after I
4 had cut the lids off it.
5 Q. And you didn't see anybody from Rosemount or the
6 contractor throw these barrels to the bottom of the
7 hill or anything, did you?
8 A. No. The day I left I had left it right outside the
9 rear of the building where we kept all our scrap
10 metal.
il Q. And the day you left was when?
12 A. I believe it was Friday. I don't know if it was the
13 ist of May, but it was the last Friday of that month.
14 I think Saturday was May l. I'm not --
15 Q. So you left on Friday and you don't know how the
16 barrels --
17 A. No, I vacated on that Friday and I was never back
18 again. I was not allowed to go back on the property.
19 Q. You don't have any reason to believe that contractor
20 threw these to the bottom of the hill?
21 MR. DORSEY: I object; it calls for
22 speculation.
23 THE WITNESS: I couldn't tell you who did
24 it one way or the other. I don't know why they
25 would do it.
►
37
1 BY MR. ALLGEYER:
2 Q. Okay. So you have no --
3 A. Could have been kids, you know.
4 Q. You mentioned that the City -- you tried to relocate
5 in Rosemount but you weren't able to or something to
6 that ef f ect?
7 A. Correct. ,
8 Q. Okay. Now, you did tell Rosemount that you were
9 planning to relocate to a different city?
10 A. After all efforts had failed to stay in this location
11 -- you know, in the city of Rosemount.
12 Q. Did you relocate there?
13 A. I have not yet, no.
14 Q. Are you in the process of doing that?
15 A. I am still in the process of working with the City of
16 Rosemount.
17 Q. And they're working with you to --
18 A. No, they're not working with me or I would have been
19 relocated already.
20 Q. You did receive relocation funds?
21 A. Some.
22 Q. What did you do with the stuff that came out of the
23 A&G Auto Body facility; are you storing that
24 somewhere?
25 A. Yes, I am.
r
�
38
1 Q. Where are you storing it?
2 A. In a building.
3 Q. What building?
4 A. It's just a shed I'm renting.
5 Q. And where is the shed located?
6 A. In Rosemount.
7 Q. Is it the same shed where Mr. Monk is storing some of
8 his stuff or is it a different one?
9 A. Same.
10 Q. Same one. Do you pay rent for that?
11 A. No.
12 Q. How much stuff do you have in there?
13 A. Oh, basically --
14 MR. RAPP: I tell you, I don't really care.
15 I mean, it isn't his condemnation. It's Mr.
16 Monk's. We did confirm earlier that we were
17 dealing with the land, not with anything having
18 ta do with relocation.
19 MR. ALLGEYER: All right. So he's not to
20 answer any more of those questions along that
21 line? I mean, that's perfectly fine.
22 MR. RAPP: I mean, I'm not going to tell
23 you not to ask whatever questions you want, Mr.
24 Allgeyer. All I'll say is I'm not real
25 interested in hearing they questions or the
r
39
1 answers. It doesn't pertain to the issues that
2 are bef ore us.
3 MR. ALLGEYER: Okay. We can take that all
4 up later. I don't have any further questions.
5 MR. DORSEY: I don't have any more
6 questions.
7 (Recess. )
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
P
40
1
STATE OF MINNESOTA )
2 ) ss.
COUNTY OF DAKOTA )
3
4 BE IT KNOWN THAT I, Debra S. Dikken,
5 the undersigned, a duly commissioned and qualified notary
6 public within and for the County and State aforesaid, do
7 hereby certify that the foregoing is a true and correct
8 copy of my original stenotype notes taken at said
9 proceedings; that I am neither a relative of, nor attorney
10 for, any of the parties to the cause and have no interest
11 whatever in the result of the same.
12
13 WITNESS MY HAND AND SEAL this 15th day
of September, 1993.
14
15
16 DEBRA S. DIKKEN, RPR
17
18
19
20
21
22
23
24
25
. +
.
'$' 612 829 0568 CONWORTH, INC PUZ
Ct�NW+DR�''H, II�T�. .
4725 Excelsiot Blvd. �
Sufte 204 '
Mlnneapolis, MN 5541� •
' (612) 929-0044
Ju�.y 12, 1993
John R. Miller
Economic Development Coordinatar
kr�semoun� Port Autharity
2$75 1.95th Stzeet West
P.O. t�ox 57t�
Rc�semount, ML+i 5506$-5�7.0
:•
Subject: Lost Rent from Prop�ertfes at the Rt+semount Pc�rt
Autlhor3ty Armary Site Pxoject
Dear Mr. Miller:
�7n behalf of Albert Monk, we are subm3.tting hi.s listing 4� rent
lost by. having busi.nesses move .out priar to tlze Ro+semcunt Port
Authorzty acquiring his praperty.
It is aur understanding that the Port Authority would make
r�s��.tution to Mr. rtonk for these costs. We appreciate your
attentian ta this ma�ter. If you da have any questions, pl�ase
feel free to �antact Mr- Monk directly.
Sincer�ly,
�
r �
..L� ��i�i�'^�t'Z s
�c ��p yne wentworth
ownezlCan�uztan.t
sl
Enclosure
r
�
r
�
,
,
�
�
'�``� � . . _ . . . . • •.• ,-- � ,, _
� Y
'� 612 929 0568 CON�ORTH, INC P0�
. -
Lost Rent
Dakvta Small Engine '
March and April ($754.04) $1,500.04
A � G Autobody
Apz3.l $1,550.04
A & M Fhti�ding & SupplY► Inc. $ 750.00 .
TOTAL $3,500.0fl
Alk�ert R. Mank
Date •
�. •,
RENTAL REALTY RELOCATION CLAIM
JULY, 1993
: .
ALBERT R. MONK
_ 13965 SOUTH ROBERT TRAIL
ROSEMOUNT, MN
PARCEL .#34-02010-022-60 .
ROSEMOUNT PORT AUTHORITY
ARMORY SITE PROJECT
�^- . � . � � � � � ��
. � / , . � - � � � � � . � �� . �
CONWOR'I H, INC.
4725 Excelsior Blvd. i
Suite 200 . .
. Minneapolis, MN 5541�i �
(612) 929-0044 �
July 12, 1993
John R. Miller - _
Economic Developrnent Coordinator
Rosemount Port Authority
2875 145th Street West �
�P.O. Box 570 �
Rosemount, P�t. 5�068-5010
Subject: Search:ing Expense Claim for Albert R. Monk
13965 �outh Robert Trail
#34-02�10-022-6Q -
Rosemount Fort Authority Armary Site Project
Dear Mr. Miller:
Enclosed please :Eind two executed copies of the Rental Realty
Relocation Claim for the above-referenced concern. We have
reviewed the cla:im documentation submitted by the business and i
have assembled the enclosed claim booklets. We believe all is in
accordance with �3pplicable relocation regulations,. and request
your review of the enclosed information.
Upon your approv<�1 of this relocation claim, please make payment
to Albert R. Monk in the desired amount as shown on the Summary
Page at Exhibit :1 of the enclosed booklets.
Thank you for your consideration of this request. No subsequent
claims are anticipated. If you should have any questions, please
do not hesitate �.o call.
Sincerely,
� �
Jac�L= t� %/l/, Z,,��''
el ne Wentwc�rth �
Owner/Consultant
sl
Enclosures
CITY OF ROSEMOUNT
EXECUTIVE SUNIlKARY FOR ACTION
PORT AUTHQRITY COMMISSION MEETING DATE: OCTOBER 5, 1993
AGENDA ITEM: RELOCATION CLAIMS FOR AL MONK AGENDA SFsCTION:
QLD BUSINESS
PREPAR.ED BY: JOHN MILLER, AGENDA ���� � �}�w
ECONOMIC DEVELOPMENT COORDINATOR � �
ATTACHMENTS: SEPTEMBER 21 STAFF REPORT, MONK APPRO D BY:
RELOCATION CLAIMS, PARTIAL TRANSCRIPTION OF
OF CONDEMNATION HEARING RE: MONK -� � -�
c
Commissioner McMenomy has asked this item, tabled at the September 21 port
authority meeting, again be placed on the agenda.
I've attached, for your information, a partial transcript of the Monk
condemnation hearing where the issue of Mr. Monk' s relocation was
addressed. The witness first being questioned is the person who submitted
invoices for performing the move. Jeff Halbert, owner of A & G Autobody,
is the second witness.
RECOMMENDED ACTION: Motion to approve payment of $23,421.00 to '
Mr. Monk for personal relocation, search for rental property, and lost` '
rent of property.
PORT AIITHORITY ACTION:
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
PORT AUTHORITY COMMISSION MEETING DATE: SEPTEMBER 21, 1993
AGENDA ITEM: PERSONAL RELOCATION CLAIM FOR AGENDA SECTION:
AL MONK OLD BUSINESS _
PREPARED BY: JOHN MILLER, AGENDA�nJ� � � �
ECONOMIC DEVELOPMENT COORDINATOR IYf � R
ATTACffi�2ENTS: PERSONAL RELOCATION CLAiM, LOST APP D .B :
RENT CLAIM, SEARCH FOR RENTAL PR�PERTY CLAIM
Al Monk has su}amitted the following claims to the Rosemount Port Authorit�:
Personal Relocation $13, 879 .00
Search for Rental Property $ 1, 000. 00
Lost Rent � S 3 .800 .00
Total $18, 679 . 00
In addition, Monk would possibly be eligible for an additional seven months
rent reimbursement ($7, 000) and casts of moving the personal property from
storage ($5, 500} .
The claims were not recommended for approval by Conworth, Inc. and there
were parts of the claims I was unable to verify.
In working with Mr. Allgeyer, John Connors of Conworth, Inc. , and Mr.
Monk' s attorney, Jim Dorsey, it was suggested an equitable settlement for
all of Mr. Monk' s claims would be payment of an amount equal to the low bid
Conworth received from Peipho Storage and Moving Inc. of $23,421.60.
� g'��q 31,I'iq
t2 30�
1 1��4Z{
�� ���q - 7�s- _
REC01�2ENDED ACTION: Motion to approve payment of $23,421. 60 to Mr.
A1 Monk for personal relocation, search for rentai property, and lost
rent of property.
PORT AIITHORITY ACTION:
x
'$ 612 929 0568 CONwORTIi. IhC P�2
r
�t�I\TW�R'T�I, II�T�. .
4725 Excelsior Blvd. .
sujce zoa
M}nne�polis, MN 55418
' (612) �29-0044
July 12, 1993
John R. Mi1.1er
EcQnomic Development Coordinator
xnsemount Port Autha�ity
2875 �95th Stzeet West
P,O, t�vx 570
Rasemount� MN 55068-5QJ�D
z
Subject: Lost Rent from Properties a� the Rosemaunt Part
A►.ithar3.ty Armory Site Project
Dear Mr. M3.lier:
On behalf of Albert Monk, we are subm3.tting h3.s listing of rent
last by. having businesses move out� .prior tc� t1Ye Rvasemount Pv.rt
Authvr�.tY acquiring his praperty.
It is our understandinc3 that the Port Authority wauld make
res�itutian to Mr. Monk fQr these costs. We appreciate your
attention tc� �his ma�ter. If you �la have any questions, please
feel tree to �ontact Mr. Monk direCtly.
sincerel.y,
r � �
/J�t�,�G��~�`
ac up yne wentwarth
�Wn@z/CQn�ultant
,_s l
Enclosure
;
-,�. _
.
'8` 612 929 0568 COr1�'ORTH, I'�C PQ�
Lost Rent
Dakota Small Engine -
March and Apr�l ( $75Q.00) $1,500. 04
A & G Autobody
Aprz� �1,SSO.OQ
A & M E�i7.ding & Supply, Inc. $ 'I50.00
TOTAL $3,800.Ofl
Albert R. Monk
Date �
< �..a..,. --��' �•� r
RENTAL REALTY RELOCATION CLAIM
JULY, 1993
ALBERT R. MONK �
. ].3965 SOUTH RO$ERT TRAIL
ROSEMOUNT, MN
PARCEL .#�34-02010-022-60
ROSEMOUNT PORT AUTHORITY
ARMORY SITE PROJEGT
. ��' . . � K, ri .•t:Yltswt�"�: l''�ii£���'R "',12�� �.
CONWORTH, INC.
4725 Excelsior Bivd.
Suite 200 .
_ Minneapolis, MN 55416 .
(612) 929-0044 .
July 12, ].993
John R. MiZler
Economic Development Coordinatar
Rosemount Port Authority
2875 145th Stree� West . �
•P.O. Box 570 �
Rosemount, N�T. 55068-5010
Subjects Searching Expense Claim for Albert R. Monk
13965 South Robert Trail
#34-02010-022-60 -
Rosemount Port Authority Armory 5ite Project
Dear Mr. Miller: ;
Enclosed please find two executed copies of the Rental Realtg
Relocation Claim for the above-referenced concern. We have
reviewed the claim documentation submitted by the business and
have assembled the enclosed claim booklets. We believe all is in
accordance with applicable relocation regulations,: and request
your review of the enclosed information.
Upon your approval of this relacation claim, please make payment
to Albert R. Monk in the desired amount as shown on the Summary
Page at Exhibit 1 of the enclosed booklets.
Thank you for your consideration of this request. No subsequent
claims are anticipated. If you should have any questions, please
do not hesitate to call.
Sincerely,
� /
Jacc�Lc t� /it/ Z���''
el ne Wentworth
Owner/Consultant
sl
Enclosures
• ' . 4:`w<�'7, '-:N:
EXHIBITS �
I.) SUMMARY
2) RELOCATION CLAIM FORM - ACTUAL MOVING AND RELATED EXPENSES
FOR BUSINESSES �
3) NARRATIVE ON REPLACEMENT SITE SEARCHING, TNDIVIDUALIZED
COMMENTS, AND RELATED DOCUMENTATION
4) RELEASE OF PROPERTY t
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5) GERTIFICATION OF CLAIM
5) QUALIFICATIONS OF CONSULTANT
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SUMMARY I
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Business Name: Albert R. Monk -
Project Site Address: 13965 S. Robert Trai1, Rosemount, MN
Business Owner: Albert R. Monk
Business Description: Rental of commercial unit.
Type of Payment: Actual Moving and Related Expenses
Reason: This is the better financial choice for this business's
relocation cost reimbursement. %
Claim Summary:.
Replacement Site Search Costs $1,OQ0.00
Amount of This Claim: $1,000.00
Amount of Previous Clai.ms: '�'
� Total Claims to Date: - � $1,000. 00 .
Less Amounts Faid: 'p-
Total Due: $1,000.0�
Send Payment To: Albert R. Monk
4101 19th Avenue South
Mi.lneapolis, NIN 55407
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/DOT TP•25151-02(3/82! . . ' • -:COMM�RetAL
_ _ � STATE OF MINNESO7A � • .
� " � QEPARTMENT OF TRANSPORTA?ION
y,w�c+., - . � . -� . .. , � � . . . � � . .
' ���� CLAIM FOR GOMMERGIAL MOVING COSTS . • '
°r� See Instructions on Reverse Sidc
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FUJt S7i17?i,Usti UNI.Y
w,n,c Albert R. Mank i,000,Q0' '.
. A��pruvcd An�otint !
.�.P. 34-02010-022-60 • .
. Ap�truved
DS�COC3 __ Acq. Engr.ul {t/W
rrd.No. � � � County A�r�rnvrd —
' �lrl.t.'.i,.•.
?ar.No. Owner S�� '
• Date APplicatic�n Approved
13965 S. Robert Trail
.4ddreu City Rnccmn��nt , -
Mail Cirrck l'o:
rYFc c�f Acquisition Condemnation .
./���PI: UI'CL:I�r1I TRAT:VENDOR NUMBER TYPE
1L��
� . INVOICE NUMBER ~_•. nRGANiZAT10N
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SEQ.NU. .UPF DEPT.PU/I fi Nt1 t�It.�fCl
Z� I'anll � AMOUN i OF INVOICE OATE � CC:-1 CC•?
2�
F-0 ❑
�a �i�n ILcfnova� «"� CC.q SOUfiCE
�LtJ I hr�cbY�ctl►1Y tliat ihrt g•u��l: ur u�alr.rfatt cpvcrcd bv tlds
Q H � � � � .U�litt h�ve�bCeb(niprCiCtl tnd rr.Crlvetl ur.the scrvlCes ha�C• .
�u- Datc �(Movc 5-1-93 u�e�c«�o.�*+�a, an0 are In accordance wilh soccfficallons.
V Q �nd�re In proDcr fom�, klnd,amounl,and quaUly,and pay-
�N ment thereforo herebyrecommeaded.
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� O SYSTEM ASSIGN REF.NO. 4EPT AUTH SIGNA7UFiE
V�(`7
Z -----•._ _..__.. �/:<K::1'/7UN 7c) i�.!►!C'J/l'littSON^1(,f'ItOi'1_Jt_/'1'_II'.iS_dtU6'/�/)� ..._.._. ..._._.
� ������«� Not Yet Det�rmined c:ity
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r :t,1�t)ta/�''l'Ut�1'.•f 1',1!lsN7'
Moviny Expense � $ -0-
Expense incurred in searching for Replace�nerit�Business or Farm $ 1,000.00
TUT��L $ 1.000.00
he undersigned, do hereby certify that the above inforrnation is true and correct, and that any movers' receipts or
ten�ents attached heretoaccurately re�resent the ex�enses incurred. 1 further certify tt�at ! have not submittecl any
ier moving claim for reimbursement of, or received compensation for, any expense in connection wiih this claim,l
�erstand that falsification of any portion of this claim will result in iis denial.
;� ��,�►„ �o: �_ j� ! g�
Date:
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SITE SEARCH COSTS
Relocation rules state that a business may be repaid for the
costs it incurred to seareh for a replacement site to a maximum '
payment of $1,000.00 . Claims for site search compensation �
generally consist of requests to campensate the business for the
time its representatives spent in looking for a new location. A ��
log ar summary is submitted to document the claim which lists how �
many hours were expended on the site search over what time period !
for what locations. Also included is the hourly rate being �
claimed by the business as compensation for its representative' s i
time. While a site search claim may include requests for �
reimbursement af travel exgenses sueh as automobile mileage, �
meals, and lodging, and also fees paid %to professional.s such as
real estate brokers to help in the site search, these types of
site search costs are typically not gart of a business' s claim.
There are generally two elements, then, to evaluate in
determining the reasonableness of a displaced business' s site
search request. The first is the number of hours expended and
the second is the hourly rate claimed for the time. Even when a
business has an idea of the location to which it would like to
relocate, the site search task is still a time-consuming one. A
business usually will look: in the newspaper for available sites,
contact realto=s about Iistings, and also visually search an area
for available space. A number of locations may then be
physically viewed and after such viewings, the business
representatives will meet to discuss the merits of the sites.
After the site search has narrowed to a particular location, the
business must begin negotiations for the space with the owner or
agent and any final agreement often must be reviewed by legal
counsel. Also, if the space under consideration would need
remodeling or finishing work to prepare it for occupancy, the
business will need to expend time in estimating the cost of such
improvements to assist it in its replacement si�e s$lection. All
of these types of activities are part of the site search process.
The site search tasks are generally condueted by the owner of a
business or, in the case of a larger concern, by employees
involved in the upper management of the company. Determining the
location of a business ' s operation is a major decision far any
company and is one that cannot be lightly made. It is normally
not delegated to others. Therefore, the rate charged for the
business' s site search representatives is generally substantial,
ranging anywhere from $30 .00 oz more. The rate is based on the
value of the person's time to the company, not on the net
received by the actual representative, as it is the business
which is lasing the use of that representative for other
activities while the person is site searching for the relocation.
Therefore, the rate not only reflects the salary being paid to
the representative but also other factors generally included in
such a rate like overhead and profit. The ownerJpresident of a
���1�S�nr�rrL7 TrTr
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small business, however, may not have an established hourly rate.
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Tn most eases, a rate of around $30 .00 per hour can be justified ,
and eonsidered reasonable without any other documentation. : ;
The next page of this claim summarizes the number cf hburs spent �
by the claimant business in its site search e�forts, the hourly
rate being claimed for the time, and the total amount requested
for its site search payment. '
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SITE SEARCH COSTS �
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Business Name: Albert R. Monk/Rental Realty
Project Site Address: 13965 S. Robert Trail, Rosemount, MN
Total Hours Expended: 36. 00
Hourly Rate: $30.00
Mileage: 700 miZes @28.5� mile = $199.50 �
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Total Claimedz $1,279.50 ;;;
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. Maximum Allowable: $T,000.00 �
Recommended Payment: $1,000.00
Documentation Attached: Claimant' s Statement
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RELEASE OF PROPERTY
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This is to notify the Rosemount Port Authority that I, Albert R.
Monk, representing my rental realty business, have vacated the
property at 13965 S. Robert- Trail, Rosemount, Minnesota, on May .
1, 1993, and relinquish all rights to pr.operty, real or personal,
.
,
left at that address.
G.,--
By
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yt�c .�i "I34eLE. VHF �5., e�e F '�'+.Y� �3a's3��-"`• '�
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CERTIFICATION OF CLAIM
I, the undersigned, do hereby certify the following:
1. That I have personally inspected the business movable
property and its relocation claim herein;
2. That to the best of my knowledge and belief the
statements contained in this report and ugon which the
opinions herein are based, are true and correct;
3 . That this claim has been made in conformity with and is
subject to the requirements of the Uniform Reloeation
Assistance and Real Froperties Acquisition Act of 1970,
as amended, and the regulations of the Depa=tment of
Transportation.
4. That neither myself, the company, nor the employees have
a present interest or a contemplated interest in the
business involved or the real property it occupies; and
5. That neither the employment to make the claim nor the .
compensation for it are contingent upon the amount of .
eligible relocation compensation estimated herein.
� . . .���z.� ����v .�'-c
� L �
� J" cq elyne Wentworth
�, elocation Consultant =
Conworth, Inc.
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Date .
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1
1
STATE OF MINNESOTA DISTRICT COURT
2
COUNTY OF DAKOTA FIRST JUDICTAL DISTRICT
3
4 City of Rosemaunt Port Authority,
5 Petitioner,
6 vs. Court File No. C0-93-6261
7 PARCEL NO. 1
Albert R. Monk, Rosemount National
8 Bank, John Anderson, Dakota Small
Engine Service, A&M Building &
9 Supply, Inc. , Debarah Halbert,
Jeffrey Halbert, A&G Auto Body, �
10 Inc. , and County af Dakota,
11 PARCEL NO. 2
Richard F. Battaglia, Judy Battaglia,
12 Rick's Auto Repair, Charles E.
Cunningham, Helen J. Cunningham, -
13 First State Bank of Rosemount, and
County of Dakota, � � �
14 -
PARCEL NO. 3
15 Eari J. Tourdot, Karen A. Tourdot,
Gene Capocasa, Sandra Capocasa,
Z5 Tourdot Custom Upholstery, Inc. ,
Reno's Pizza, and County of
17 Dakota,
18 Respondents.
19
20 CONDEMNATION HEARING
� September 1, 1993
21 `Partial Transcript
22
DEBRA S. DIKKEN, RPR
23 DANIEL M. LARKIN COURT REPORTERS
1117 Marquette Avenue
24 1T09 Symphony Place
Minneapolis, Minnesota 55403
25 (612) 341-3282
. �
2
1
2
Condemnation Hearing, Partial Transcript,
3
taken before Debra S. Dikken, Freelance Court Reporter and
4
Dakota County Notary Public, State of Minnesota, on the
5
lst day of September, 1993, at 2121 Cliff Drive, Eagan,
6
Minnesota.
7
8
* * * * *
9
10
APPEARANCESt
11
Commissioners: S. TODD RAPP, BETTY ARMSTRONG
12
and L.T. DUNHAM
13
DAVID A. ALLGEYER, ESQUIRE, of the firm of
14
Lindquist & Vennum, 4200 IDS Center, Minneapolis, MN
15
55402, appeared representing the Rosemount Port
16
Authority.
17
JAMES DORSEY, ESQUIRE, of the firm of Leonard
18
Street & Deinard, 150 South Fifth Street, Suite 2300,
19 �
Minneapolis, MN 55402 , appeared representing Albert
2Q
Monk.
21
Also Present: AL MONK, CORY BULTEMA, TIMOTHY
22
LABATTE and JEFFREY HALBERT
23
* * * * *
24
25
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3
1 I N D E X
2
3 Caption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4 Appearance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5 Index. . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . 3
6
7 EXAMINATION OF TIMOTHY LABATTE:
8 By Mr. Dorsey. . . . . . . . . . . . . . . . . . . . .4, 25
9 By Mr. Allgeyer. . . . . . . . . . . . . . . . . . 17
10 By Mr. Rapp. . . . . . . . . . . . . . . . . . . . . . . . . . . 23
11
12 EXAMINATION OF JEFFREY HALBERT:
13 By Mr. Dorsey. . . . . . . . . . . . . . . . . . . . . . . . . . 27
14 By Mr. Allgeyer. . . . . . . . . . . . . . . . . . . . . . . . . . 35
15
i6 Reporter's Certificate. . . . . . . . . . . . . . . . . . . . 40
17
18 * * * * *
19
Z0
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22
23
24
2S
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4
1 TIMOTHY LABATTE,
2 called as a witness, being duly sworn, testified as follows:
3
4 E X A M I N A T I 0 N
5
6 BY MR. DQRSEY:
7 Q. Mr. LaBatte, will you please state your name, address
8 , and age please?
9 A. My name is Timothy Roland LaBatte, Senior. My
10 current address is 3508 - 39th Avenue South,
11 Minneapolis. My age is 32 years old.
12 Q. Okay. And wha did you live with the a 3508 - 39th
13 Avenue South?
14 A. My fiancee, Brenda DuMarce, and my son, Brendon
15 LaBatte.
16 Q. Okay. And what's your educational background?
17 A. High school graduate, diploma, one year building
18 trades, vo-tech, and two years business college,
19 Sisseton Wahpeton Community College.
20 Q. Sisseton Wahpeton Community College?
21 A. Yeah, Sisseton Wahpeton Community College.
22 Q. What state is that in?
23 A. Sisseton, South Dakota, the northeast part of South
24 Dakota.
25 Q. Okay.
, �
5
I A. And I've been through other management schools. When
2 I was in the military service for six years, they
3 sent me through --
4 Q. Okay. And what business are you in?
5 A. At the present time, I'm the owner-operator of TL
6 Construction Company.
7 Q. And what's the address of the company or where are
8 you operating out of?
9 A. 3508 - 39th Avenue South.
10 Q. Now, is that a --
11 A. I alsa operate out of -- Y do own land and a farm
12 back in South Dakota by Sisseton. Currently Z share
13 crop the land, and I do operate out of there also
14 where I keep construction equipment and such at my
15 farm.
16 Q. Okay. What's the name of your company?
17 A. TL Construction Company.
18 Q. And what kind of construction serviees do you
19 provide?
20 A. Okay. We provide a major part of inetal buildings,
21 pole buildings and various other types of
22 construction which is linked with them. I guess
23 we're not bound to one type of construction service.
24 We iike to keep with the metal buildings, the pole
25 buildings. That's our specialty. But by no means
�
6
1 are we lirnited to not doing other types of
2 construction; any kind of construction. I myself
3 have nine years working with various construction
4 companies through the three-state area, South Dakota,
5 North Dakota and Minnesota. And any kind of
6 construction that I can find that will keep my crew
7 busy, that's what I do.
8 Q. Okay. And i forgot to ask you. Is TL Construction a
9 sole proprietorship?
10 A. Yes, it is.
11 Q. And you provide cantract labor for that kind of work?
12 A. Yes, I do.
13 Q. What kind of work do you provide contract labor for?
14 A. Well, heavy labor I guess. Heavy manual labor jobs
15 that we do, I would provide any type if -- perhaps in
16 the past like if an owner of a house or other wanted
17 his roo€ shingled and he just wanted to pay the labar
18 partion of it, well, I would provide the labor, men.
19 But I have a list of -- I keep a list of 30 men that
20 I have on hand, both that live around in this area
21 and South Dakota that are willing to work as contract
22 -- or contract labor on certain projects.
23 Q. How did you get into the construction business?
24 A. Well, farming wasn't doing too good and --
25 Q. I can understand.
i � � . � � . � � . . . � � . .
. � . � � � � � .. � 7
1 A. Only glad that I'm out of it this year all the way.
2 But besides farming far the last eight to nine years,
3 I -- that's what I've did also, is part-time
4 construction, seasonal construction.
5 Q, Did you hold a position with the board of
6 commissioners of -- for HUD Region 8 Housing?
7 A. Yes.
8 Q• When was that?
9 A. Okay. That was from 1984 through 1986.
10 Q. And what were your duties as the chairman of -
11 A. We held manthly meetings, monthly general meetings
12 and special meetings. I was delegated or appointed
13 by the tribal council, which I sat on back home. And
14 we were council -- our membership back home, we have
15 10, 000 members. And we roughly have around 925,000
16 acres. And an those acres we have land, Some of
17 it's mutual self-help homes, roughly about 1, 300
18 units that we sat over and we --
19 Q. You oversee those homes or maintenance of them?
20 A. Yes, we oversaw renovation, maintenance, new
21 construction.
22 Q. What else? Okay. Do you have any elderly housing
23 too?
24 A. Yes, we have seuen different districts that we have
25 elderly complexes, seven of them, each district,
, .
8
1 broken down --
2 Q. You were the chairman of the board of commissioners
3 for the HUD Region 8 Housing?
4 A. Yes.
5 Q. Do you hold any -- or have you held any positians
6 with your tribe?
7 A. okay. That's tribal councilman where I was elected
8 and appointed at large; election every two years,
9 general election.
10 Q. How you did you come to work in Minnesota?
11 A. I have relatives out here at the Mystic Lake Casino.
12 At that time it was called Shakopee/Prior Lake. They
13 informed me that they were going to start building a
14 new casino. And there wasn't too much for
15 construction work back there or development. So I
16 looked into here, and I met with the people. I
17 worked with them a while. I worked for them for
18 exactly about six weeks as just as a regular
19 construction worker, carpenter. And I seen that -- I
20 had peop2e back home that were asking me about jobs.
21 I says, Well, here we go to put together a
22 construction company and we can do the -- whatever
23 they need done here, whatever we can do. Metai
24 buildings, I've worked with them out of the last nine
25 years approximately about four years. And I knew all
. . , � . � . . � .
9
1 the ins and outs on doing metal buildings. So I put
- 2 together a crew, put together a bid. And I was
3 successful at getting the bid. And it was eight to
4 nine month project out at Mystic Lake redoing their
5 maintenance building out there.
6 Q. Are you just finishing that project up?
7 A. Yes, that's -- we have.
8 Q. Now, did you move or did -- move A1 Monk's personal
9 property from the south building on South Robert
10 Road?
11 A. Yes, I did.
12 Q. And did you submit an invoice for that move?
13 A. Yes, I did.
14 Q. I'm going to show you what's been marked Exhibit 5
15 previously in this proceeding and ask if that appears
16 to be a copy of the invoice you sent to Mr. Monk for
27 the services?
18 A. Yes, that was for the actual services rendered to Al
19 on his moving.
20 Q. Okay. And that's the first page. Then you've got a
21 second page which shows some -- I guess some boxes
22 and cartons but also --
23 A. It's to --
24 Q. -- move out and a --
25 A. -- move out of storage too.
a � T .� � � . � � .
� .. . . . . . 1V .
1 Q. So that is a statement you submitted to Mr. Monk, an
2 estimate?
3 A. Yes, uh-huh.
4 Q. Now, did you submit an estimate for the move out for
5 Al --
6 A. Yes.
7 Q. -- before you did the work?
8 A. Yes, prior to that.
9 Q. What da we have here, Exhibit 20? Is this a copy of
10 the estimate you submitted to A1 Monk before you did .
11 the move-out work?
12 . A. Yes, I did.
13 Q. You estimated the cost would be about $9, OOfl?
14 A. Yes.
1�� MR. DORSEY: We would offer Exhibit 20.
16 MR. RAPP: Are you done?
17 MR. DORSEY: I mean, I guess so. No
18 objection? All right.
19 MR. RAPP: I didn't hear any.
2� MR. DORSEY: I was waiting for -- no
21 problem, all right.
22 BY MR. DORSEY:
23 Q. Did you -- and before submitting this estimate,
24 Exhibit Number 20, did you inspect the property and
25 what had to be moved so you could make a reasonable
, �
13
1 estimate?
2 A. Yes.
3 Q. And you estimated it would take seven to eight
4 days --
5 A. Yes. "
6 Q. -- to do the move?
7 A. Uh-huh.
8 Q. And were you contemplating furnishing four men to do
9 the move?
10 A. Yes, at that time I had.
11 Q. Now, it's been suggested here that the move could not
12 take four men eight days, which is what it took
13 apparently according to your invoice?
14 A. Uh-huh.
15 Q. What had to be moved from Mr. Monk's property that
16 took so long?
17 A. Well, this wasn't your normal household packing.
18 I've also moved homes and so forth. In fact today I
19 was talking about moving a family that called me.
20 But this is all heavy equipment that A1 had stored
21 away in his shop, and I think he had it stared away
22 pretty well. It was a lot of heavy equipment. S
23 mean, some of the boxes, small boxes like this, after
24 you load them up with the bolts, equipment, different
25 tools that he used, different things, would weigh
1 (
i2
1 about around l00 pounds. And this equipment was at
2 his place for guite sametime also, so it wasn't just
3 a matter of just taking it and throwing it in a box.
4 We want to do a neat, professional job, which we aia,
5 which meant cleaning off the equipment before you
6 pack it away. It had a lat of dust and different
7 debris on it like that and --
8 Q. Was there a tool chest involved too?
9 A. Yes, a very heavy tool chest.
10 Q. And auto parts?
11 A. Yes. The tool chest weighing 300 to 400 pounds,
12 heavy air compressors, big auto parts.
13 Q. Auto parts?
14 A. Yes.
15 Q. And you said bolts and other machinery?
16 A. Yes, other machinery too.
17 Q. Now, it was also suggested that there's only 1,-000
18 square feet out of which this had to be moved. Was
19 there an area above the office in the south building?
20 A. Yes, there's an area above the office. Like I said,
21 he had a lot of his things packed away really well,
22 I mean, he made good use of the area or the space he
23 did have in there. It was a task taking things out
24 of there and loading them up and so forth, many
25 trailer loads ful1. I mean, z stopped counting. But
i A
13
1 offhand I would say 20 to 30 trailer loads come aut
2 of his place there, tools and equipment.
3 Q. Okay. And did you have -- did the people who did the
4 labor work, did you have time cards that they
5 submitted?
6 A. Yes, I did. They submitted them each week.
7 Q. I'm showing you what's Exhibit 21 and ask if that's a
8 copy of the time cards?
9 A. Yeah, yup, that's the time cards. I supervised three
10 other employees.
11 Q. And -there's time for yourself on the cards?
12 A. Yes.
13 Q. Showing you what's been marked -- we already marked
14 Exhibit 21.
15 MR. DORSEY: I'd offer Exhibit 21.
16 BY MR. DORSEY:
17 Q. The move was done April 29 through -- or Aprii 19,
18 the 23rd, the 26th and the 28th?
19 A. Yes.
20 Q. And it was, what, eight days and eight hours an
21 employee?
22 A. Yes, we worked eight-hour days. There was no
23 overtime.
24 Q. The work was done by yourself and a fellow named Kurt
25 Snow. Is he a fellow that works for you?
� �
14
1 A. Yes, he is.
2 Q, And Reynold DuMarce?
3 A. Yes.
4 Q. And Kenneth DuMarce?
5 A. Yes.
6 Q. Are they your girlfriend's brothers, cousins,
7 relatives?
8 A. They're related through marriage, yes. She's -�
9 they're not blood relatives but --
10 Q. And it was your opinion that the time spent to do
11 this move was reasonable?
12 A. Yes, it was.
13 Q. What equipment did you use in the mov�?
14 A. We used forklifts. We used a forklift, We had to
15 disassemble a large paint baoth. We had air
16 compressors to move. We had large tool chests. We
17 had a cabinet, couple cabinets, fire brick cabinets
18 and --
19 Q. What kind of trucks did you use?
20 A. We had one-ton truck on the place and a truck -with --
21 I believe it was a 22 foot flatbed.
22 Q. And yau had a trailer for the one-ton truck?
23 A. Yes, a tandem trailer behind the one-ton.
24 Q. Was this equipment reasonable to use in the move?
25 A. Yes, it was. He had --
, �
1.5
1 Q. Have -- I'm sorry. Have you been paid far your
2 services yet?
3 A. Okay, I've been paid 4 , 000. And as you can see,
4 that covered most of my hired help. But it doesn't
5 cover my wages or a lot of the equipment rental,
6 which I've had money invested in this I guess.
7 Q. Have you sent Mr. Monk a demand letter far --
8 A. Yes, T have. One thing, you know, starting a
9 business as small as mine is and getting off to a
10 start, it's where I'm using my own cash f�ow in this,
11 And I like to go from one project to the next, and I
12 do xeinvest what I may make out of one project and
- 13 put it maybe into a little. But I can no longer kind
14 of wait as far as what I have invested into this.
15 Q. So you sent him a demand letter _for the additional_
16 $4 , 179?
17 A. Yes.
18 MR. DORSEY: I won't introduce this into
19 evidence unless you guys want it for paper.
20 BY MR. DORSEY:
21 Q. Is your estimate of the move out at $5, 500 reasonable
22 in your opinion?
23 A. I think it's reasonable.
24 Q. Why is it less?
25 A. It's less because we do have some of the things --
16
1 like I said, they were in store -- Al's business
2 there; they were put away for awhile. We did package
3 some af 'em up, and we're hoping that where they're
4 at now they're --
5 Q. They' 11 stay packaged?
6 A. Stay packaged, yeah. Although, you know, I know
7 sometimes -- like he was stating, Mark on the boxes
8 the things in case I need to break something open, so
9 there's always that --
10 Q. Do you have any other --
11 A. -- possibiiity. -
12 Q. I'm sorry, I didn't mean to interrupt you.
13 A. That's okay.
14 Q. Do you have any other business relationship with Al
15 Monk?
16 A. Other than we -- some possible joint ventures because
17 I did -- I know Al now for about close to 10 years
18 and I know him as a reputable steel supplier, and my
19 business right now is the steel building business and
20 I certainly look on to them as a supplier of steel.
21 Q. So you're trying to 3oint venture somewhat?
22 A. Some different ventures where -- we did have ona.
23 There's some casinos going up there where I can
24 possibly furnish the labor, the manpower part; Al
25 could furnish the metal building. And we can joint
��
1 venture into that like doing different buildings.
2 MR. DORSEY: Dkay. I have no other
3 questions.
4
5 E X A M I N A T I O N
6
7 BY M�2. ALLGEYER:
8 Q. May Z ask how long TL Construction has been in
9 existence?
10 A. June of 1992 .
11 Q. Does TL Construction do any advertising or --
12 A. Not at this point. Our capital doesn't allow us to.
13 I mean, I didn't go seek out any bank financing, I
� 14 have talked to some minority businessmen and -- in
15 Minneapolis, the city of Minneapolis, and they have
16 offered to me help with getting me an office,
17 different types of fundings, grants and so forth.
18 And I do have ane lawyer that I am looking up to to
19 get a11 the papers and such in order, And like I
20 said, we're, you know, relatively young as a company.
21 But we're -- you know, we're doing -- I think we�re
22 doing a pretty good share of business right now.
23 Q. Is the company listed in the phone book?
24 A. No, not at this point. Like I said, right now I'm
25 working in different parts, three-state regian. If I
18
1 have a project -- and I do have some projects in
2 North Dakota that may be coming up -- I may be forced
3 to move there and manage those projects. I mean,
4 when you're talking eight to nine months out of a
5 year on a project -- and I used to live on the road
6 doing construction -- I mean, it's worth while at
7 this point an as an owner to move by the site. I do
8 wark out of my truck, pickup, and most my tools I can
9 pull behind the truck.
l0 Q. I appreciate the explanation, but we can probably do
11 this a little shorter if you' ll just answer as best
12 you can.
13 A. Okay, yeah.
i4 Q. So you don't -- if I were to try and find your
15 company in the phone book, I wouldn't be able to do
16 that?
17 A. No, you wouldn't be able to do that.
18 Q. And the number that is on the invoice that you
19 submitted has been disconnected or changed; correct?
20 A. Yes. I have been -- and I would say that that is --
21 I have been through some hardships financing my own
22 projects. And this is part of probably the reason
23 why I'm here today is because this is causing me a
24 hardship, the 4,800 that is owed to me.
25 Q. Okay. And you understand that if your testimony here
19
1 today persuades everyane that this bill ought to be
2 paid that you're going to make some money on that;
3 correct?
4 A. I don't think -- roughly speaking I don't think I'm
5 going to be making very little. I'm going to clear
5 baek some of the money I had back and invested into
7 this in equipment rental and to wages and so forth
8 that was owed to me four or five months ago. I don't
9 think I'm going to be making -- waiting this long for
10 this money I'm going to be making very little.
11 Q. Okay. But yau understand that --
12 A. Yes.
13 Q. Al1 right.- Now, does Ms. DuMarce understand that yau
14 do business under the name TL Construction?
15 A. Yes, she does.
I6 Q. Can you think of any reason why when she was called
17 by Mr. Miller of the City she said she hadn't heard
18 of TL Construction?
19 A. I have no idea. You would have to ask her.
20 Q. Have -�ou instructed her: --
21 A. No.
22 Q. -- to answer the phone in that way?
23 A. No.
24 MR. DORSEY: She's out here if you want to
25 ask her.
20
1 BY MR. ALLGEYER:
2 Q. Now, when you moved the various equipment from the -
3 premises did you come to any understanding as to
4 whether that was A1 Monk's personal equipment as
5 opposed to business equipment and so forth?
6 A. I did not make any distinctions on the move, i mean,
7 whether it's personal or his own business, no.
8 Q. And you didn't really ha�e any way of knowing that I
9 take it?
10 A. No.
11 Q. And was the equipment within -- you mentioned some
12 area above the office?
13 A. Yes.
- 14 Q. There was equipment and stuff there?
I5 A. Yes.
lb Q. And was essentially that whole building that he
17 accupies full of stuff, or was- it just about 1, 000
18 foot square in addition to the stuff above the
19 off ice?
2o A. :.I think it was all full of everything -- place you
21 looked on there. I mean, once we went through that
22 building there wasn't one area that we didn't touch
23 that he had things stacked up, put on the walis.
24 Q. So the whole building was full of stuff. And was
25 there a front-end loader in there?
21
1 A. No, not at that time.
2 Q. Okay. � Were there vehicles in the building?
3 A. Yes, there was the --
4 Q. Can you tell me what --
5 A. -- two vehicles that we moved. There was -- I
6 believe it's a 'S6 Cadillac, and there was a Mustang.
7 I'm not sure of the year, '66, classic car.
8 MR. RAPP: Mr. LaBatte, I'm going to
9 interrupt you far a moment so I can ask counsel
10 . something. Point of clarification, are the
11 parties expecting that the cammissioners are
12 going to be determining in any fashian the
13 amaunt of compensation that Mr. Monk is entitled
- 14 for relocation or maving costs at all?
15 MR. DORSEY: No.
16 MR. ALLGEYER: I don't anticipate that.
17 MR. DORSEY: No, I don't. I didn't bring
18 it up though.
19 MR. RAPP: So what are we talking about
20 here?
21 MR. DORSEY: I didn't bring it up. I mean,
22 we had a lot of cross examination on it. St was
23 Mr. Monk, who is a veteran of both the Korean
24 and Vietnam wars, that was basically called a
25 liar to his face by Mr. Allgeyer. And I'm here
22
1 to introduce you to Mr. TL Construction.
2 MR. RAPP: Okay.
3 MR. DORSEY: I mean, this is supposed to be
4 a credibility issue, credibility issue.
5 NIl2. RAPP: Okay.
6 MR. DORSEY: And that's why he's here --
7 MR. RAPP: All right. That's fine.
8 MR, DORSEY: -- because they brought in the
9 extraneous evidence about --
10 MR. DORSEY: That's fine. But let's --
11 what I suggest that counsel do is that counsel
12 restricts the examination, particularly since
13 it's 20 minutes after 7 : 00, ta issues relating
r 14 to valuation that we're called upon by the court
15 to consider for the courts -- as officers or
16 appointed commissioners by the court.
17 MR. ALLGEYER: All right. In that case I
18 have no further guestions.
19 MR. DORSEY: I have nothing either.
20 MR. RAPP: Well, I do.
21 MR. DORSEY: Z didn't want to bring him in
22 in the first place but I didn't --
23 MR. RAPP: Well, now you've got him here.
24 MR. DORSEY: I knaw.
25
23
1 E X A M I N A T I O N
2
3 BY MR. RAPP:
4 Q. Mr. LaBatte, I just have a few questions. I don't
5 represent a party. I'm. one af the commissioners with
6 Mr. Dunham and Ms. Armstrong. You build buildings?
7 A. Yes, we do.
8 Q. And you I think indicated that you had built
9 buildings for four of the last nine years?
10 A. Yes.
11 Q. I take it that means that you' built buildings part of
12 each of the last nine years?
13 A. Yes.
- 14 Q. And primarily the buildings that you built were metal
15 buildings?
16 A. Yes, they were.
17 Q. Can you estimate with some degree of accuracy how
18 many metal buildings that you've built over the last
19 nine years?
20 A. _I would have to say the figure would be- somewhere
21 close to 20, 20. And these are commercial -- these
22 would be considered large -- I could name off, you
23 know, doaens of pole buildings where I built egg
24 buildings for farmers. But these are commercial
25 buildings.
• � } � � . . � . . . � � . � .
24
1 Q. How daes the building that you moved Mr. Monk out of
2 compare in terms of its construction to the types of
3 buildings that yo�s build?
4 A. The same; it's about the same type of building.
5 Q. And you were in Mr. Monk's building apparently quite
6 a number of haurs?
7 A. Yes.
8 Q. Did you have an opportunity to examine it and --
9 A. Yeah, I think we -- I was, by the way, interested in
10 the tear down of that building there. 3 wasn't
11 informed of, you know --
12 Q. Didn't get the chance?
13 A. Yeah, I didn't -- well, we showed up but it was the
_14 13th hour type of thing and it's . . .
__ 15 Q. Okay, all right. Well, I'm just sort of flying out
16 of the blue here with a question.
17 A. Okay.
18 Q. Do you have any opinion that's based on your
19 experience in building metal buildings of the type
20 that Mr. Monk's was and the type that you build --
21 A. Yes.
22 Q. -- what kind of useful life you either represent to
23 your clients they can expect out of their buildings
24 or the people could expect for a new metal building
25 such as the type he had and such as the type you
25
1 construct?
2 A. Okay. Let me -- okay. I guess the best way I could
3 answEr that is, like I said, I was interested in
4 tearing down that building because right now T know '
5 of about 12 different businesses located in Sau�h
6 Dakota or Minnesota that wo�ld like to have a
7 business -- or a building, the opportunity ta have --
8 to get a building like that and move it someplace and
9 set it back up and make a shop.
10 Q. But do you make representations to the people you
12 build..buildings for how long they ought to be able to
12 expect their building will be serviceable after you
13 build it, how many years or months ar decades?
14 A. Well over 30 years by the life af these buildings.
15 There's -- yeah, there's a lot of buildings out there
16 now that have that life and there's people operating
17 out of them still.
18 MR. RAPP: ' Thank you. Anybody else have
19 any questions?
20
21 F U R T H E R E X A M I N A T I O N
22
23 BY MR. DORSEY.
24 Q. Just one question. There is a difference between a
25 pole building and structural steel building?
26
1 A. Yes, there is.
2 Q, And they have a difference in quality of construction
3 and purpose?
4 A. Uh-huh, yes.
5 Q. Would you agree with --
6 A. Yes. Structural steel is your more heavy duty, more
7 commercialized building on the market today. And
8 that's what I think people who are into various
9 commercial buildings, that's what they ask for, It's
10 -- you know, although the pole building wood frame
11 might be a little inexpensive, you see more people
12 asking for the metal frame, more durable of a
13 building.
14 Q. Heavier gauge metal siding? �
15 A. Yeah, wind loads, snow loads, the whole works. It's
16 a better building.
17 MR. DUNHAM: It's more expensive also.
18 THE WITNESS: It's mare expensive. But
19 I've seen I don't know how many buildings out
20 west, particularly out west, bow due to snow
21 loads and that that people try to get by with
22 building a business. And had to dig one person
23 out; snow load caved in their building.
24 BY MR. DORSEY:
25 Q. With a pole building?
, .
27
� A. Yup, pole building. They had machinery in there, you
2 know, whole works. And, you know, it doesn't pay if
3 it's for commercial purposes.
4 Q. Ol�ay.
5 MR. RAPP: Mr. LaBatte, I think we're done
6 with you.
7
8 JEFFREY HALBERT,
9 called as a witness, being duly sworn, testified as foZlows:
10 :
11 E X A M I N A T I O N
12
13 BY MR. DORSEY:
14 Q. Would you . state your name, age and address please?
15 A. Jeffrey Alan Halbert, 33, 15543 Cornell Trail,
16 Rosemount, Minnesota.
17 Q. Okay. Are you Mr. Monk's son-in-law?
18 A. Yes, I am.
19 Q. And did you -- were you one of the owners of A&G Auto
20 Body Shop, Inc.?
21 A. Yes, I was vice president.
22 Q. And were you displaced by the condemnation that we're
23 all here for as you know?
24 A. Yes, I was.
25 Q. And doss -- did the auto body shop work generate
28
1 hazardous waste?
2 A. Yes, we did.
3 Q. What kind?
4 A. Mainly it was all waste thinner.
5 Q. Pardon me?
6 A. Waste thinner after we painted cars.
7 Q. Waste -- paint thinner or --
8 A. Enamel thinner and lacquer thinner. We would paint
9 our cars and then we would have to rinse our guns
10 out.
11 Q. Okay. And when did you vacate the A&G Auto
12 facilities at South Robert Road?
I3 A. I believe it was May 1 of this year.
14 Q. Okay. How did you dispase of the hazardous waste
15 before you vacated?
16 A. I had a company come out and pump it out of my drums.
17 Mel's Trucking was the company. They're licensed and
18 bonded and insured with the State of Minnesota.
19 Q. And this is exhibit -- what are we on, 22 -- this is
20 Exhibit Number 22 . Is this a receipt they give you
21 to show they came out and pumped the hazardous waste
22 out of your barrels?
23 A. Yes, it is.
24 Q. And then what do they do with the barrels; do they --
25 A. This is shipped off site to -- let me find out where
�
29
1 it went to here -- it went to Indiana. Okay. So
2 what they do is they have a smaller truck come around
3 to various body shops, and they'11 work an area.
4 See, this time he came out with the Twin City area'.
5 He'l1 fill up his truck. Then they'll -- when that
6 gets full then they'll go and pump it back into a
7 semi, like a big tanker, and then they ship it out of
8 state. All the time that this thing is being
9 transported from the day they pick it up from my shop
10 to the day it is disposed of when it reaehes Indianax
11 I have ta -- I'm legally responsible for it. So what
12 we do is we have to pay a fee to have a 24-hour hot
13 line where if this thing happens to -- this truck
14 happens to spill, they can get ahold of ine and we can
i5 say, you know, I've gat all the dacumentation that
16 this was picked up. They just want to know who
17 belonged to all this waste thinner.
18 Q. Okay. Well, what happens -- what do they do with the
19 barrels that they pump the waste out of; what do they
20 do with the barrels?
21 A. Well, for the most part when we were still in
22 operation we just left them in a spot and we had to
23 -- they have a tag that we put on there when it was
24 picked up, you know, and disposed of and when we
25 started filling it again. So we had to keep daily
. �
30
1 logs of what went in there and how much every day so
2 that when Dakota County came out and lovked at it,
3 which they did once a year, that I had all my
4 paperwork in order. And they -- Dakota County would
5 inspect all my manifests. Now, I want to say too,
6 once this stuff reaches the destination, I ssnd a
7 copy to the Federal Government and the State of
8 Minnes4ta so everybody has got records of it.
9 MR. DORSEY: Okay. We'd offer Exhibit
10 Number 22 .
11 THE WITNESS: Now, in this particular case
12 when we closed the business by law I cannot
13 dispose of thes8 barrels unless I cut the
14 bottoms --
15 MR. ALLGEYER: Excuse me. I'm going to
16 object on the grounds of lack of foundation.
17 The witness hasn't shown that he knows what the
18 laws are for --
19 BY MR. DORSEY:
20 Q. Well, let's get technieal. So what do you have to do
21 by law?
22 A. By law you cannot dispose of these containers unless
23 the tops and bottoms are cut out. Once you do that
24 and the material is pumped out of it, then you can
25 dispose of them, which in this case it could have
� ,
31
1 gone to the scrap yard which -- I don't know where
2 they are.
3 Q. Now, are there also some five gallon eans that are in
4 the back of your shop?
5 A. Yes, there were.
6 Q. What are those?
7 A. Those were same thing, empty thinner cans.
8 Q. Okay. Those are -- those you don't cut the tops and
9 bottoms out of; those are just empty ones that have
10 been used?
11 A. Right, I did not have to do that.
12 Q. Okay. And then after your -- Mel's picked up your
13 waste thinner, did you have an inspection done by
14 Dakota County?
15 A. Yes, I did. They came out and did what they call -a
16 closure on my property to make sure that I was in
17 comp],iance with everything and was not leaving any
18 hazardous materials behind.
19 Q. So they inspect your property?
20 A. Yes. I can't remember the gal that came out there.
21 Maybe it's on there. She walked around my property,
22 saw the empty containers out back, saw that there was
23 no left-over hazardous waste and everything had been
24 disposed of properly. I showed her a copy of this
25 manifest, that stuff had been picked up. And she
� ' . � � � � . . � � .
32
1 said, "Everything looks fine to me. " She filled out
2 that form, checked everything off, gave me a copy of
3 it.
4 Q. I'm going to show you what's been marked Exhibit
5 Number 23 . Is that what she checked off?
6 A. Uh-huh. She aia -- checked off the proper manifest
7 and completions and land disposal restrictions.
8 MR. DORSEY: We would offer Exhibit Number
9 23 .
10 _ THE WITNESS: That was all that was
11 required of ine to close my business.
12 BY MR. DORSEY•
13 Q. I want to show you what's previously been marked
14 _ Petitioner's Exhibit 1. Are these the kind of
15 containers that were on the back of your pro�erty?
16 A. For the most part -- most of them. Some of them I do
17 not reeognize. There's a few here I don't know whose
18 they are.
19 Q. You don't know what they are?
20 A. No. They do not belong ,to me.
21 Q. Laundry detergent, is that the one, and --
22 A. Well, let's see here. Like this one and the oil pan
23 and that one and those three there I guess would be
24 the --
25 Q. So you're talking about the ones that look like
s '
33
1 they're plastic and the oil pan?
2 A. Yup, right.
3 MR. MONK: Stuff they picked up back at
4 Rick's down there.
5 MR. DORSEY: Oh, they picked up in back of
6 Rick's?
7 MR. MONK: Uh-huh.
8 BY MR. DORSEY:
9 Q. Now, the empty barrel is scrap metal after they've
10 been picked up like that?
11 A. Yes, they are. They're ready to be disposed of. And
12 what they would do then would be taking it with scrap
13 metal, your used fenders, hoods, whatever have you,
. - 14 that they could -- they cauld crush them.
15 Q. Now, before you vacated the property on May 1 or on
16 or about May 1 did you walk the property to see if
17 there was anything down the ravine behind the
18 property?
19 A. Yes, I did.
20, Q. Did you see anything down there?
21 A. I did not leave anything.
22 Q. Did you see anything down there, any barrels down
23 there?
24 A. No, sir.
25 Q. Did Mr. Miller of the Rosemount Port Authority or
r '
34
1 anyone on behalf Qf the Rosemaunt Port Autharity ever
2 call you about barrels in the back of your property
3 or five gallon cans and ask you whether or not they
4 had been emptied, whether or not you had any proof
5 they had been emptied, anything about them?
6 A. No, they did not. But if they would have they could
7 have saved themselves a lot of time and money.
8 Q. Now, did you try to relocate A&G Auto Body Shop in
9 Rosemount?
10 A. Yes, I did.
11 Q. Why didn't you do so?
12 A. Well, it seemed that every time we wanted to move to
13 a certain location there was always some reason or
__ 14 another, always off the record on their part, why we
15 could nat go to that specific spot we had chosen.
1& Q. Okay.
17 A. That was basically the long and short of it, you
18 know. Every time we wanted to go here, they said,
19 No, you're not good enough for this location, it
20 , costs too much, da da da da da.
21 Q. Have you ever seen the gentleman sitting in the
22 corner, Cory Bultema?
23 A. No, sir.
24 Q. Did you ever see him inspecting the property, in any
25 manner inspecting the property while you were there?
� -
35
1 A. No.
2 MR. DORSEY: I have no other questions.
3
4 E X A M I N A T I � N
5
6 BY MR. ALLGEYER:
7 Q. When you vacated the property, there were a number of
8 barrels like the ones on Exhibit 1 still on the
9 property somewhere; carrect?
10 A. Exhibit 1, these little ones you mean?
11 Q. Well --
12 A. Or the big ones you're talking about?
13 Q. Well, let's look --
14 A. These three big ones.
15 Q. And those were still on your --
16 A. Yes, they were.
17 Q. -- property when you vacated the property?
18 A. Uh-huh.
19 Q. And you didn't make any effort to dispose of them,
20 scrap them out, anything like that?
21 A. No, because I had talked to the demolition crew and
22 they said, "Go ahead and leave them there. We'll
23 dispose of them with the rest of the remaining scrap
24 metal."
25 Q. A11 right. Naw, did you ever think about taking off
. •
36
1 the sticker that says "Hazardous waste. Contact the
2 nearest police if this is found"?
3 A. As far as I knew, I was not required to do so after , I
4 had cut the lids off it.
5 Q. And you didn't see anybody from Rosemount or the
6 contractor throw these barrels to the bottom of the
7 hill or anything, did you?
8 A. No. The day I left I had left it right outside the
9 rear of the building where we kept all our scrap
10 metal.
11 Q. And the day you left was when?
12 A. I believe it was Friday. I don't know if it was the
13 lst of May, but -it was the last Friday of that month.
14 I think Saturday was May 1. I'm not --
15 Q. So you left on Friday and you don't know how the
16 barrels --
17 A. No, I vacated on that Friday and I was never back
I8 again. I was not allowed to go back on the property.
19 Q. You don't have any reason to believe that contractor
20 threw these to the bottom of the hill?
21 MR. DORSEY: I object; it calls for
22 speculation.
23 THE WITNESS: I couldn't tell yau who did
24 it one way or the other. I don't know why they
25 would do it.
� �
37
1 BY MR. ALLGEYER:
2 Q. Okay. So you have no --
3 A. Could have been kids, you know. ,
4 Q. You mentioned that the City -- you tried to relocate
5 in Rosemount but you weren't able to or something to
6 that ef f ect?
7 A. Correct.
8 Q. Okay. Now, you did te11 Rosemount that you were
9 planning to relocate to a different city?
10 A. After all efforts had failed to stay in this location
11 -- you know, in the city of Rosemount.
12 Q. �id you relocate there?
13 A. I have not yet, no.
14 Q. Are you in the process of doing that?
15 A. I am still in the process of working with the _City af
16 Rosemount.
17 Q. And they're working with you to --
18 A. No, they're not working with me or I would have been
19 relocated already.
20 Q. You did receive relocation funds?
21 A. Some.
22 Q. What did you do with the stuff that came out :of the
23 A&G Auto Body facility; are you storing that
24 somewhere?
25 A. Yes, I am.
t t `' . . � � � �.
3$
1 . Where are ou storin it? I
Q Y g ,
2 A. In a building.
3 Q. What building?
4 A. It's just a shed I'm renting.
5 Q. And where is the shed located?
b A. In Rosemount.
7 Q. is it the same shed where Mr. Monk is storing some of
8 his stuff or is it a different one?
9 A. Same.
10 Q. Same one. Do you pay rent for that?
11 A. No.
12 Q. How much stuff do you have in there?
13 A. Oh, basically --
14 MR. RAPP: I tell you, I don't really care.
15 I mean, it isn't his condemnation. It's Mr.
16 Monk's. We did confirm earlier that we were
1'7 dealing wtth the land, not with anything having
18 to do with relocation.
19 MR. ALLGEYER: All right. So he's not to
20 _ :. answer any more of those questions along that
21 line? I mean, that's perfectly fine.
22 MR. RAPP: I mean, I'm not going to tell
23 you not to ask whatever questions you want, Mr.
24 Ailgeyer. All I'll say is I'm not real
25 interested in hearing they questions or the
� o ,.
39
1 answers. It doesn't pertain to the issues that
2 are before us.
3 MR. ALLGEYER: Okay. We can take that all
4 up later. I don't have any further questions.
5 MR. DORSEY: I don't have any more
6 questions.
7 (Recess. )
8
9
10
1�
12
13
14
15
lb -
17
18
19
20
21
22
23
24
25
, � �
40
1
STATE OF MINNESOTA )
2 ) ss.
COUNTY OF DAKOTA )
3
4 BE IT KNOWN THAT I, Debra S. Dikken,
5 the undersigned, a duly commissioned and qualified notary
6 public within and for the County and State aforesaid, do
- 7 hereby certify that the foregoing is a true and correct
8 copy of my original stenotype notes taken at said
9 proceedings; that I am neither a relative of, nor attorney
1Q for, any of the parties to the cause and have no interest
11 whatever in the result of the same.
12
13 WITNESS MY HAND AND SEAL this 15th day
� of September, 1993." '
14
15 __-
16 DEBRA S. DIKKEN, RPR
17
18
19
20 : .
21
22
23
24
25
C.�. N�lson T�ra��fer Inc. A��p�
' � R�D BA�t
Specializin�in Houaehold, Uffice Mavin�&High Te�h Equipment "7�'"�""*
March 25, �.993
lal Nbrsk
13965 South Ro},�rt Trai2
Ros�sr�a�unt, 1�1 55068
Dear A1: . .
�nk You far the opportunity to prov�.de you w3.th an estirnate foz your �
relocativn. .Zb relocate your personal belangings to our storage facilities �
in Biacxni.ngton an est3mated ccst �uld be 19,500.00. 8torage and waretwuse
hz�ndling cost are,
Mmthly storaga char9e $I,200.00
Warehouse handlin4 cha�rcJe 760.00
The estimateci charge to relocate your personaZ be2ongins fran our �storage
facilities to an un}cr�m facility wr�uld be approximately $I2,540.Q4.
If the �elocation wmxld go faster thari �„�e an.ticipa.te you will only be
charged for actual ti.me and equignent used. .
If there are any Ghanges or ypu have �y questions, P��se dd no� hesitate
to give me a call. We wi.11be as flexible as possa.ble to accc�n�dat� yottr
needs. I look forward to wor}ci.nq with you in th� near fu�ure.
Sincerely, '
Dana Wol.la3s
$878 Wtntworth Avenae South • Bloomington,MN �5420 • (612) 8$1-4211
RELEASE OF PROPERTY
This is to notify the Rosemount Port Authorit�r that I, Albert R.
Monk, representing myself, have vacated the property at 13965 S.
Robert Trail, Rosemount, Minnesota, on May 1, 1993, and
relinquish all rights to property, reai or personal, left at that
address.
.__ g �z~' � i�2�C'�--�
Y
CONWORTH, INC.
` STATEIVIEN� '� �r-�. conStru�G�.on STATEME�
T-L Construction 3508 , 39th Ave. So.
3508, 39th Ave. So. �
Minneapolis ,` MN. 55406 ! Minneapolis, 1�TI. 55406
�6�.2� 721�'19g6 DATE � DATE
�� June 1 , 199
June 1 , 1993 �, �
. �' TERMS
TERMS
' CASH i� CASH
�
To , Alber t Monk �i ro •Alb er� Monk
G101 , 19th Ave. So. 4101, 19th Ave. So.
• riinneapolis, MN. 55407 �� :Minneapolis , MN. 55407
• AMOUNT ENClOSEO S � AMOUNT ENCLOSED S
i
t y q I ,;;,i;;,�,�.. ;c:.;PLEASE DtTACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE:
.,,�„��='4 ,:y;PL�15E'DETACH'11ND RETURN UPPER�PORTION WITH YOUR REMITTANCE:;+' j4+,:�',-Rt-'.�1:,•`r�
� ( 'DATE�:;" ':-.; CHARGES.AND CREDITSr:,"h;�pr?„«,;.�+�,•..��. ° +':;�,�" i'��BAUNCE
; � + ,." .r ' . ,e., :`. r,d :;:,BALANCE,s�;;c; { .r '"7��'
+��,...;w DATE,',:p�,-: CHARCES AND CREDITS �t.�;, ,..� ,� .� .�r.:�! �r.t .,.,.
I 6/1/93Y Boxes and Cartons Flat. _ $105. C�
6/1/93 Packing, Loading, Hauling, � � .
and un-Loading Materials fo � ,
Stora�e. TOTAL _ $8879. 0
4 Men at 64 Hrs. - 64 man �
Hrs, x 4 = 256 x $25 = $6, 400. 00 �I
6/l/93 Disassemble PainC Booth and � �
Move to Storage Bldg. �
10 Man Hrs. _ $250. 00 -
6/1/93 Move Classic Cars by �taul�.n
(
Flat. _ $20�0. 00 •
6j1/93 Move Cars, Motorhome, Tract r,
and equipment by Driving.
Flat. = $250,00
6i1/93 Truck Rental 6 Days
with Driver x $165 = $990.00 �
6/1/93 Forklift Rental G days x $9 -$384. 00
6/1/93 Pallets 10 x $30 = $300.00 ' �'
' �I _ti . ,"" wll:onJones.c.
. . . � WIIeo�Jones•cwew,�... I� � 1 � ��. �� � ( ,, �MADE IN U.S.A..N.•
, �''� ...__..�us� ...,,. i n�.... ...l1Tr t Y(`.. .�.iECK. .,.�RRFf" c ,�a.rsne
� � �WS.BOOTN.BAKER 6LQG..M►15.6bW2 .. .
FORM 265 P Zease of EpuiDment HbC OLhCf PC7►0nai PrOpCI'()'. SECURITY BLANK BOOK,lfb WACOUTA,fT.MV�45101
This agreement, made the 15th day of April 1993 , between Arlender G. Nbrdvlk
, of 623 2nd Street, Farmington, Mn. 55024
party of the flrst part, an� Albert R. Morik ,
of � 4101 19th Ave . South, Minneapolis , Mn, 55407
, party of the second part:
' WITNESSETH: _
:_1. That the said party of the first part hereby lets to the said party of the second part ali of the following described
personal property, to-wit:
60 ' X 100 ' Cold Storage Building for storage at 15280 South
Robert Trai1 , Rosemount, Mn.
l . Lessee will pay $1000. 00 deposit and first month' s rent
on April 15, 1993 .
2 .. Lessee will carxy his own insurance for property stored
in building. .
� � - 3. This lease will continue with. 60 days written notice to
� Lessor by Lessee before end of lease.
for the term of 12 **�onths, commencing on the 15 th aay op_�pr i 1 19 9 3
the.said party of the second part paying therefor to the said party of the first part a+ '
15280 South Robert Trail , Rosemount, Mn. 55068
the sum of One Thousand Dollars
on the 1 S th day of'each month of the said term.
2. That the said party of the second part hereby covenants with the said party of the first part to pay the said rent
_ at the times and in the manner aforesaid, and that, if the said zent or any part thereof shall at any time or times as here-
� inbefore provided be ungaid, the said party of the second part wiil pay to the said party of the first part interest on such
arrears at the rate of 1�� per cent, per annum from the date of default in payment thereof until the said rent
shall be paid, together with reasonabie charges and espenses for collecting the said rents; to pay all taxes which may be
imposed upon the said property while in the possession of the said party of the second part; to use the said property in a
careful and prudent manner; not to sublet, mortgage, or in any manner dispose of the same to any person, or remove or
attempt to remove the same, or suffer the same to come into the custody or control of any person other than the said
party of the•second part, without the consent in writing of the said party of the first part; not to suffer any legal process
to be levied upon the same; to permit the said party of the first part at all reasonable times to enter upon the premises to
inspect the:said property; and to surrender the said property up to the said party of the first part at the expiration of the
said term in as good condition as when he received the same, reasonable wear excepted.
3. That if any rent hereunder shall be due and.unpaid, or if default shall be made in any of the covenants on the
part of the party of the second part herein contained, then and in any such case the said party of the first part or his legal
representatives may, immediately or any time thereafter, take possessian of the said property wherever it may be found,
forcibly, if necessary, without being taken or deemed guilty of any manner of trespass, and without thereby rendering him-
self or themselves liable to refund any sums received as rent as aforesaid, and thereupon this lease shall determine, but
without prejudice to any remedies which he or they might otherwise use for arrears of rent or any breach of the covenants
of the said party of the second part herein contained.
- IN WITNESS WHEREOF,Said lessor 1 andlesse�have hereunto set theirhands thi� 1 5th day of
April : 1993
In Presence of 1 . Ar nder G. NOrdVlk
)
� . Albert R. Monk
--� �
� ��_ • �� r..
' � ,� � �tXL-�L.'
. �-c-�=T
Personal Acknowledgment
State oE Minnesota
�ss.
County.of
On this day oL � , 19 , before me personally appeared
to me ]aaown to be the perso�described in and who executed the foregoing instrument, and acknowledged that�e_
executed the same gs free act and deed.
tSEAL) ------------
FAGL' 2
T-L constru�t��n STATEMENT �
3508, � =39th Ave. So. �
Minneapolis', MN. 55406 ,
(612) 721-1986 • onTe • '
June 1 , 1993
TERMS i .
CASH �
�
ro •Albert Monk
4101, 19th Ave. So. �
�Minneapolis , riN. 55407
' I
AMOUNT ENCLOSED S + '
k ,i�,��.;r:��:PLEASE DETAGH MID RETURN UPPER PORTION WITH YOUR REMITiANCE;-��., �,: � :::�d (
�,i;>a-,'�j���„DATE� 4t;i=r;;: CHARGES AND.CREDITS �....r%-.�,�.`.�+;.k:u+ r� '�;:;i• v.�':."BhUNCE� �:�w%
6/1/93 Boxes and Cartons Flat. $105. �0 •
_ TOTAL 4 8879. 00 �
Estimate GosC to Move out of Storaga $5500.00
Total Cost $14,379. 00 �
,
�
� � .
�
- I
� . . . � � , w11.nnJones�.r..�,.. ' . . . . .
Piepho Moving & Storage, Inc.
3110 Neii Armstrong Boulevard,Eagan,MN 55121
Tei.(612)688-7076•Fax:(612)688-7156
April 13, 1993
Ms . Jacquelyne Wentworth
CONWORTH, INC.
4725 Excelsior Blvd. Suite 200 •
Minneapolis MN � 55416
Dear Ms. Wentworth:
The following is our proposal for the relocation of
Al Monk to storage for 365 days . This also includes
delivery out of storage to a destination within a 50
mile radius of the storage facility.
This proposal does not include insurance. Declare
valued protection is available for $ :SO per $1Q00.00 •
value per month with a $250.00 deductible. �
We cannot transport or store flammable or combustible
articles.
PHASE I PACK & LOAD TO STORAGE FACILITY
Pack, load and transport all items and materials specified
at the time of the physical survey to the storage facility.
All articles to be relocated must be detached from the
building and ready for transport. All articles attached
to walls, ..ceiling and foundation are the responsibility of
the owner .
.�LL/ED
Agent for Allied Van Lmes
Page 2
PHASE II WAREHOUSE HANDLING & STORAGE '
All items and materials will be delivered into the storage
facility with storage not to exceed 365 days. Storage will
commence when the first article is delivered into storage
whieh will signify the first day of the 365 days allowed
by the agreement. Due to the fact that on the 365th day,
storage ceases, delivery out will begin five days before
to ensure vacancy on the final day.
PHASE III DELIVERY OUT OF STORAGE
Delivery of all material and items to a specified sight
within a 50 mile radius of the storage facility as stated .
Charges are based on ground floor delivery only. If the
50 mile radius is exceeded, a $100.Q0 per van per ten mile
increment charge will apply.
AL MONK
PHASE I PACK, LQAD TO STORAGE FACILITY $ 6,001 . 60
PHASE II WAREHOUSE HANDLING & STORAGE $13 , 500.00 -
PHASE III DELIVERY OUT OF STORAGE $ 3,920.00
BID TOTAL $23 ,421 .$0
S n�cer�ly,
� � �" ' ' : � r�� d�Z�
Jeff Boisen
General Manager/Sales � �s''U� /j��No CL� L
JRB/kb
� i � � � � �
. �
D E���I� D[`C✓S. "7u�ca�ii a�td S�a�tct�e C�ti�,�.uy ,
-�o
LOCAI. AND WORLD WID� TEL. 812•�45T•10}A
MOVINO 81$ NOR7N GONCORD ST.
SINCE 1917 _SOUTN ST. PAUL, MJNN. 55073
F�x 612.a51.7964
March 24, 1993
. A1 Mvnk .
13965 South� Robert Trail
. Ros�emount, MN 554fi8
Dear Al: -`
Thank you for the opportunity to fuxnish you an estimate for
yaur upcoming move. The estimated cost to pack and move
,� your personal belonqings to our storaqe faCility in South
St. paul wauld b� 519► 260 . 00. Th� breakdowns for $tarage
and w(house �
handling only �re: . _
S�oraqe, per mon�h $1, 199.40
. � W/House handling (one time
charge) 780. 04
The estimated amount to move you from our stax�age �o a .
unkndwn site would be $12, 450.40.
� Al, Bester Bros. charges by the hour, and if the �ime should
be more or less than the quated time, you would be charged
� accoxdingly.
If� you have any questions regarding the above estimate,
please do not hesitate to contac� us. Again, thank you for
inviting Bester 8ros. �.n -to give you an estimate. We l.00k
_. forward to being of service to you. �
Sincerely,
HESTER BROTHERS TRAN3FER AND STORAGE COMPANY TNC.
Lynn Sandhoefnex
3ales Manager
LSids
. � � ?y . . . . � � .
CONWORTH, INC.
4725 Excelsior Bivd.
Suite 200
Minneapolis, MN 55416
(612) 929-0044
July 12, 1993
John R. Miller
� ' Economic Development Coordinator
Rosemount Port Ruthority
2875 145th Street West
) P.O. Box 570
Rosemount, MN 55068-5010
Subject: Actual Moving Payment for Albert R. Monk
� 13965 S. Robert Trail
Rosemount Fort Authority Armory Site Project
Dear Mr. Miller:
Transmitted herewith is the Personal Relocation Claim for the
captioned owner. We have assembled the accompanying
documentation. Upon your review and approval of this claim,
please make payment in the amount of Thirteen Thousand Eight
Hundred Seventy-Nine Dollars and No Cents ($13 ,879.00) in the
following manner: .
Albert R. Monk and
T-L Construction
4101 19th Avenue South
Minneapolis, MN $8,879. 00
Albert R. Monk and
Arlender G. Nordvik
4101 19th Avenue South
Minneapolis, MN $5,000.OQ
Please note that we are submitting this claim on behalf of Mr.
Monk at this time realizing that controversial items have not yet
been resolved. �
Thank gou for your eooperation in this matter. A subseguent
claim will be submitted after the items are removed from storage,
unless the Port Authority wishes to pay the entire sum for
everything now. If there are any questions or concerns regarding
this matter, please contact me.
Sincerely,
�r i..� � ��,��-.�.�--
Jac�e yne Wentwarth
Owner/Consultant �.'`
sl
Enclosures
Redevelopment Acquisitioni�
SUMMARY
Occupant Name: Albert R. Monk
Date and Type of Initial Occupancy: 1981, as owner
Date Claimant Notified Consultant af Move: April 1, 1993
Occupant Description: Personal items only
Type of Payment: Actual Moving Expense Payment
Claim Summary:
Actual Moving Expense Payment $ 8,$79•�Q �
Storage costs (as of 7-15-93} $ 5,Q40.00
Amount of This Claim: $13 ,879,00
Amount of Previous Claims: -0-
Total Claims to Date: $13,879.QO
Less Amourrts Paid: -4-
� Total Amount Requested: � $13 ,879. 00 �
Send Payment To:
Albert R. Monk and
T-L Construction
4101 19th Avenue South
Minneapolis, MN $8,879 . 00
Albert R. Monk and
Arlender G. Nordvik
4101 19th Avenue South
Minneapolis, MN $5 ,000.00
CONWORTH, INC.
tn/�OT TP-25152•02(6•83) f�@SIt�@f1218�
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
, � CLAIM FOR MOVING COSTS
' See Instructions on Reverse Side .
� FOR STATE U5E ONLY
Name . �bert R. Monk Approved Amount � �
S p Parcel #34-02010-022-60 Approved
Acq.Engr.o R/W
Fod. No. County Dakota Approvcd
. Re o.Mgr.
Par. Na Owner Same Date Application Approved
Trail • ' �
Address 1�9h5 S_ Rn :Prt City RoGPmo n Mail Check To:
Type of Acquisition
W
FOR STATE USE ONLY TRAN VENDOR NUMBER TYPE
� INVOICE NUMBEH ORGANIZATION
O
� Receipted Bills X Room basis
� , SEQ. NO. SUFFDEPT.POlFONO. OBJECT
W • .
� � IFCOOM 62515-riU[176C[OE COOit1S $ AMOUNT OF 1.NVOIGE DATE UB AGT TAS
Q .
Q Dislocation allowance 8
N�A SUB TASK COST/C�IENT COOE FED REV
0 1 certity that ths goods or materials coverod by this elsim
p ' heve been {nspected snd received or the serviees have bean
M Residence from which you movedt Perlormed, end aro in aeeo�denee wlth tpeclficaUonf,snd sro
in proper torm kind, amount and quallty, end peyment
z therofor Is heroby rocommendet�.
_ ❑Apartment No. Rooms
F
� ❑House No. Rooms Nf A SYSTEM ASSIGN REF. NO. DEPT AUTH SIGNATURE
Q ❑Basement �Garage
V Was it furnished with your own furn. �yes ❑no
f—
� Name of Mover Date of Move
m
v�i T-L Construction 5-1-93
ZAddress City .
� 3508 39th Avenue S. Minneapolis; MN 55406
�
a LOCATION TO WHlCH PERSONAL PROPERTY WAS MOVED:
� Address Cicy
15280 S. Robert Trail Rosemount, Mn ,
I,the undersigned, do hereby certify that the above information is true and correct, and that any movers'receipts ocstatements
attached hereto accurately represent the expenses incurred. i further ctrtiEy that I have not submitted any other moving claim for
reimbursement of, or received compensation for, any expense in connection with this claim. I understand that falsi�cation of any
portion of this claim witl result in its deniaL
Mail Claim To: Dated!�Day of ��! � 19��
Signaturc �� i y/ll, �,�I/^-P.'"Z.�"`C�
Ti v.�
Ta��n�t�ne� " 7��— 1/��( /
ACTUAL MOVING AND RELATED EXPENSES
Applicable relocation regulations reguire pubZic agencies to pay
the moving and related expenses incurred by the people it
displaces for public projects. Eligible actual moving and -
related expenses include those incurred to disconnect and
reconnect, to disassemble and reassemble, to pack and unpack, and
to cart the hausehold' s personal property from -the project site
to the replacement dw�lling chosen by the displaced household.
Also eligible for repayment are the costs incurred to insure the ,
move and, at the discretion of the Displacing Agency, to store
any personal property which cannot be immediately reestablished
at the chosen replacement. The only two limiting conditions on
the payment made for these moving-related expenses are that the
amounts paid be reasonable and necessary. Further, it is up to
the Displacing Agency to determine whether these two
qualifications have been met.
Compensation for actual moving expenses is generally determined
by securing two bids or estimates of the cost for a professional
moving company to conduct the move and allowing the lower amount
as payment to the mover. (This assumes that the transfer will
take place within a 50-mile radius. ) The relocation rules permit
- payment for an actual move expense of a "low-cost" move t$2,500
or less) to be based on one move cost proposal estimate provided
by a professional moving company or qualified staff person. �
The displaced household may also choose to move themselves under
this Actual Move Expense provision, keep records of their actual
costs via time cards, pre-approved rates, and invoices, and be
reimbursed directly for their reasonable and necessary documented
costs actually incurred. This option, however, because it
requires so much effort to document all of the move costs
incurred by the household, is seldom chosen by the displacee.
Under an Actual Move Expense claim, reconnect costs for personal
property such as telephane and cable 'TV are also allowable, so
long as the system being installed is the same or similar to the
one which was in use at the project site. Actual invoices are
submitted for these costs.
To summarize, then, a displaced gerson can be paid for his/her
actual costs to move the personal property. An actual moving and
related expense claim requires documentation in the form of
actual invoices for services rendered.
The next page to this claim itemizes the invoices of the
claimant' s professionals hired to handle each aspect of the
transfer and totals them to show the amount of payment being
recommended to the claimant for an actual moving expense
entitlement.
CONWORTH, INC.
ACTUAL MOVING AND RELATED EXPENSES
Occupant Name: Albert R. Monk _
Actual Move to Storage of General Personal Property: $8,879.00
Actual Move out of Storage: $5,500.00 (pending) *
Actual Storage Costs plus Deposit as of 7-15-93 ; $5,000.00 **
Total Actual Moving and Related Expenses: $13,879.00
* This service has not yet been performed.
** This total amount will change to reflect $1,000/mo. charges
as per lease. The $5,000.00 represents the amount actually
incurred by Mr. Monk as of July 15, 1993 .
CONWORTH, INC.
MEMORANDUM
TO: Albert R. Monk File
FROM: Jacquelyne Wentworth ;/l,�-�
DATE: July 12, 1993
Mr. Monk has moved his personal property from the site address to
storage as was previously apgroved by the Rosemount Port
Authority. We realize that there has been some question as to
the number and kind of items that were present on t�ie property
which Mr. Monk needed to put into storage, however, Mr. Red
Staats, known fairly well by the Port Authority and City Council,
has stated �hat all these items were on the site. If the
Rosemount Port Authority wishes to close out this matter with Mr.
Monk, the Agency could pay the actual move to storage, the total
year of storage payment, and the move out of storage to total up
to the low bid figure af $23 ,421.60.
It is normally the practice that an Agency would pay for storage
on a per month basis directly to the storage company. Perhaps
Rosemount Port Authority would want to: make that type . of payment
to Mr. Nordvik. �
We realize that this has been a difficult situation and would
suggest that the Port Authority expedite this matter in any way
possible.
CONWORTH, INC.
EXHIBITS
1J SUMMARY
2) RELOCATION CLAIM FORM - ACTUAL MOVING AND RELATED EXPENSES
FOR BUSINESSES �
3) NARRATIVE ON :REPLACEMENT SITE SEARCHING, INDIVIDUALIZED
COMMENTS, AND RELATED DOCUMENTATION
4) RELEASE OF PR�PERTY : .;
.
5) CERTIFICATTON OF CLAIM
6) QUALIFICATIONS OF CQNSULTANT
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. . . _: _ , , ..
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SUMMARY
Business Name: Albert R. Monk _
Project Site Address: 13965 S. Robert Trail, Rosemount, NIl�T
Business Owner: Albert R. Monk
Business Description: Rental of commercial unit.
Type of Payment: Actual Moving and Related Expenses
Reason: This is the better financial choice for this business's
relocation cost reimbursement. %
Claim Summary..
Reglacement Site Search Costs $1,000.00
Amount of This Claim: $1,000.00
Amount of Previous Clai.ms: '0'
Total Claims to �ate: • $1,000.00 .
Less Amounts Paid: '�-
Total Due: $1,000.00
Send Payment To: Albert R. Monk
4101 19th Avenue South
Mi.�neapolis, MN 55407
,
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i�oT TP.zsi si-oz(3iez) : OMMERCIAL `
� STATE OF MINNESOTA • • � - :
DEPARTMENT OF TRANSPORTATION
. yw+�pr. .. . . � .. ,. . ,. .-.._. . .. __:� : ... . . . . , . . . . . � .
���� CIAiM FOR COMMERCIAL MOVING COSTS .
�a�
See Instructions on Reverse Sidc
. -
1�UR S'li17T,USti UNI.Y
Albert R. Monk
Namc . A��F�ruvcd Aiuc�unt t l�OOO.00. �•
ti.p. 34-02010-022-60 •
. . - APHruved
. Acq.Engr.ol K)W
� - � Dakota .--
F�d.No. ("nunty Apl�rovcd
; ii�•i.,.►.;,.-
Par.No. Owner Same ,�
. Date Application Appcoved
13965 S. Robert ���iy •
Address :
M:�il t:hcck 1'�:
T'ypc nf Acquisition Condemnation '
.
�I���I�I:G��'CL:II�1J TRAN - VENDOR NUMBER TYPE
� iNVOICE NVMBER �-•' ORGANIZA710N
ituxin��x
SE�.NU. +UFf DEPLPU/Ftf NtL ��H-If.CI
Z W Q AMOUNI OF INVOICE DATE CC:•L (:G?
� I�:mEt
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S„ CG3 CC-4 SOURCE
�� tii�n (L�tnova�
�W 1 ho�r.bY t.cttltY ll�at ihn gnr>�IS ur u�aierialt<nvcrad bv tl�is
Q h- ci�lm ha�e beei�insD�Ned and�ccr.IveC u� tltt tcrvites have
�LL DatC U� MOVC__ �-1-93 been pertormed,and are 1�accordance wlih spetHicaUons.
V Q and arc M proper torm,kind,amovnt,and quality.and pay-
�y mtnt therelore herebY recommended.
_�- .
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�O SYSTEM ASSfGN REF.N0. OEPT AUTH 51GNATURE
N t"f � � � � � � � .
z ------... _..._..__►cx:.��•��ic��v ��c� irilrc.»rr��zsc�N,�i.NRO!'litt7')' i�';i.s,�����•r:u_ ._.----• ...._..__.
� A�������< Not Yet: Determined c:;�y
�
a --- ——
:= :t,uc�t►n��r�c�t�rs.���'Al/iN7'
Moviny Expense � $ —0—
Ex��ense incurred in searching for Replacernent�Business or Farm $ 1�000.00 �:
. �
TUT�AL $ 1,000.00 �
he undersigned, do hereby certify that the above information is true and correct, arid that any movers' receipts or •
tements attached hereto accurately represent the expenses incurred. I furttrer certify that I f�ave nvt subrnitted any
ier moving claim for reimbursetneni of, or received compensation for, any exper�se in connection with this claim. 1 �
derstand that falsification of any portion of this claim wifl result in its deniaL E
il C:I�itn to: �� � S r ��
Da te: •5
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SITE SEARCH COSTS
Relocation rules s�tate that a business may be repaid for the _
costs it incurred to search for a replacement site to a maximum
payment of $1,OOOM00. Claims for site search compensation
generally consist of requests to compensate the business for the �
time its represen�:atives spent in looking for a new location. A �
log or summary is submitted to document the claim which lists how i :
many hours were expended on the site search over what time period �
for what location:�. Also included is the hourly rate being � .
claimed by the buainess as compensation for its representative' s
time. While a si�e search claim may include requests for
reimbursement of travel expenses such as automobile mileage, ! ;
meals, and lodginc�, and also fees paid %to professionals such as :
real estate broke�rs to help in the site search, these types of �. '
site search costs are typically not part of a business's claim.
There are generally two elements, then, to evaluate in
determining the r�asonableness of a displaced business' s site
search request. The first is the number of hours expended and
the second is the hourly rate claimed for the time. Even when a
business has an i�3ea of the location to which it would like to
relocate, the site search task is still a time-cansuming one. A
business usually will look in the newspaper for availabl.e sites,
contact realtors �about listings, and also visually search an area
far available spa�ce. A number of locations may then be
physically viewed and after such viewings, the business
representatives will meet to discuss the merits of the sites.
After the site search has narrowed to a particular location, the
business must begin negotiations for the space with the owner or
agent and any final agreement often must be reviewed by legal
counsel. Also, if the space under consideration would need'
remodeling or finishing work to prepare it for occupancy, the
business will need to expend time in estimating the cost of such
improvements to assist it in its replacement site selection. All
of these types of activities are part of the site search process.
The site search tasks are generally conducted by the owner of a
business or, in the case of a larger concern, by employees
involved in the upper management of the company. Determining the
location of a business' s operation is a major decision for any
company and is on.e that cannot be lightly made. It is normally
not delegated to others. Therefore, the rate charged for the
business' s site search representatives is generaTly substantial, _
ranging anywhere from $30.00 or more. The rate is based on the
value of the person' s time to the company, not on the net _
received by the actual representative, as it is the business
which is losing the use of that representative for other
activities while the person is site searching for the relocation.
Therefore, the rate not only reflects the salary being paid to
the representative but also other factors genera3ly included` in
such a sate like overhead and profit. The owner/president of a
�nu���nuTu. YN�.
4 � � � � . .. � . . .. � � ��� .
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small business, however, may not have an established hourly rate. �f�
In most cases, a rate of around $30.00 per hour can be justified !� ;
and considered reasa:nable without any other documentation. . { :
, ,
;r
The next page of this claim summarizes the number cf hours spent
by the claimant business in its site search efforts, the hourly
rate being claimed for the time, and the total amount requested
for its site search payment. '
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CONWORTH. INC.
..� _ _ --
.. _- .:, . . -
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SITE SEARCH COSTS
Business Name: Albe:rt R. Mank/Rental Realty
Project Site Address: 13965 S. Rabert Trail, Rosernount, MN
;
;
Total Hours Expended: 36.00
�
Hourly Rate: $30.00
Mileage: 700 miles @28.5� mile = $199.50
Total Claimed: $1,279.50
,
. Maximum Allowable: $1,000.00 � -
Recommended Paynnent: $1,000.00
Documentation Attached: Claimant's Statement
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the sum of $ , plus interest accrued to settlement,
' is hereby found, detern`ined and declared to be the most
favorable offer received and is hereby accepted, and the
Bonds are hereby awarded to the Purchaser. The Executive
Director is directed to retain the deposit of the Purchaser
and to forthwith return to the others making offers their
good faith checks or drafts.
2. �itle; Original Issue Date: Denominations, Maturities. The
Bonds shall be titled "Taxable General Obligation Bonds,
Series 1993E", shail be dated November 1, 1993, as the date
of oriqinal issue and shall be issued forthwith on or after
such date as fully reqistered bonds. Th� Bonds shall be
nwnbered from R-1 upward in the denomination of $5,000 each
or in any integral multiple thereof of a �inqle maturity.
The Bonds shall mature on February 1 in the years and
amounts as follows:
ar $�ount Year ount
1996 $ 30,000 2003 $ 40, 000
1997 3-0,000 2004 45, 000
1998 30,000 2005 45, 000
1999 35,000 2006 50,000
2000 35,000 2007 50,000
2001 35,000 2008 55,000
2002 40,000 2009 60,000
3 . �urpose. The Bonds shall provide funds for the purpose of
acquiring land for development as a business park (the
"Project") in the Gity. The total cost of the Project,
which shall include all costs enumerated in Minnesota
Statutes, Section 475.65, is estimated to be at least equal
to the amount of the Bonds. Work on the Project shall
proceed with due diliqence to completion.
4. Interest. The Bonds shal.l bear interest payable semi-
annually on February 1 and August 1 of each year (each, an
"Interest Payment Date") , commencing Auqust 1, 1994,
calculated on the basis of a 360-day year of twelve 30-day
months, at the respective rates per annum set forth opposite
the maturity years as follows:
Maturity Interest Maturity Interest
Year Rate Year Rate
1996 $ 2OA3 �
1997 2004
1998 2005
248270
2
.
1999 2006
2000 - 2007
2001 2008
2002 2009
5. Redemption. All Bonds maturing in the years 2004 through
2009, both inclusive, shall be subject to redemption and
prepayment at the option of the Authority on February 1,
2003, and on any date thereafter at a price of par plus
acarued interest. Redemption may be in whole or in part of
the Bonds subject to prepayment. If redemption is in part,
the maturities and the principal amounts within each
maturity to be redeemed shall be determined by the
Authority; and if only part of the Bonds having a common
maturity date are called for prepayment, the specific Bonds
to be prepaid shall be chosen by lot by the Bond Registrar.
Bonds or portions thereof called for redemption shall be due
and payable on the redemption date, and interest thereon
shall cease to accrue from and after the redemption date.
Mailed notice of redemption shall be given to the paying
agent and to each affected registered holder of the Bonds.
To effect a partial redemption of Bonds having a common
maturity date, the Bond Registrar prior to giving notice of
redemption shall assign to each Bond having a common
maturity date a distinctive number for each $S,OOO of the
principal amount of such Bond. The Bond Registrar shall
then select by lot, using such method of selection as it
shall deem proper in its discretion, from the numbers so
assigned to such Bonds, as many numbers as, at $5,000 for
each number, shall equal the prineipal amount of such Bonds
to be redeemed. The Bonds to be redeemed shall be the Bonds
to which were assigned numbers so selected; provided,
however, that only so much of the principal amount of each
such Bond of a denomination of more than $5,000 shall be
redeemed as sha11 equal $5,000 for each nuYaber assigned to
it and so selected. If a`Bond is to be redeemed only in
part, it shall be surrendered to the Bond Registrar (with,
if the Authority or Bond Registrar so requires, a written
instrument of transfer in form satisfactory to the Authority
and Band Registrar duly executed by the holder thereof ar
his, her or its attorney duly authorized in writing) and the
Authority shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the holder of
such Bond, without service charge, a new Bond ar Bonds of
the same series having the same stated maturity and interest
rate and of any authorized denomination or denominations, as
requested by such holder, in aggregate principal amount
24at7o
3 :
equal to and in exchange for the unredeemed portion of the
principal of the Bond so surrendered.
6. Bond Registrar. , in
, Minnesota, is appointed to act as bond
registrar and transfer agent with respect to the Bonds (the
"Bond Registrar") , and shall do so unless and until a
successor Bond Registrar is duly appointed, all pursuant to
any contract the Authority and Bond Registrar shall execute
which is consistent herewith. The Bond Reqistrar shall also
serve as paying agent unless and until a successor paying
agent is duly appointed. Principal and interest on the
Bonds shall be paid to the registered holders (or record
holders) of the Bonds in the manner set forth in the form of
Bond and paragraph 13 of this resolution.
7. Form of Bond. The Bonds, together with the Bond Registrar's
Certificate of Authentication, the form of Assignment and
the registration information thereon, shall be in
substantially the following form;
t68z�o
4
UNITED STATES OF AMERICA
STATE OF MINNESOTA
DAKOTA COUNTY
ROSEMOUNT PORT AUTHORITY
R- $
TAXABLE GENERAL OBLIGATI4N
BOND, SERIES 1993E
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
November 1, 1993
REGISTERED OWNER:
PRINCIPAL AMOUNT: DQLLARS
I�TOW ALL PERSONS BY THESE PRE5ENTS that the Rosemount Port
Authority, Dakota Caunty, Minnesota (the "Issuer°) , certifies
that it is indebted and for value received promises to pay to the
- registered owner specified above, or registered assigns, in the
manner hereinafter set forth, the principal amount specified
above, on the maturity date specified above, unless called for
earlier redemption, and to pay interest thereon semiannually on
February 1 and August 1 of each year (each, an "Interest Payment
Date") , commencing August l, 1994, at the rate per annum
specified abave (calculated on the basis of a 360-day year of
twelve 30-day months) until the principal sum is paid or has been
provided for. This Bond will bear interest from the most recent
Interest Payment Date to which interest has been paid or, if no
interest has been paid, from the date of original issue hereof.
The principal of and premium, if any, on this Bond are payable
upon presentation and surrender hereof at the principal office of '
. lri ,
(the °Bond Registrar") , acting as paying
agent, or any successor paying agent duly appointed by the
Issuer. Interest on this Bond will be paid an each Interest
Payment Date by check or draft mailed to the person in whose name
this Bond is registered (the "Holder" or "Bondholder") on the
registration books of the Issuer maintained by the Bond Registrar
and at the address agpearing thereon at the close of business on
the fifteenth day of the calendar month next preceding such
Interest Payment Date (the "Regular Record Date") . Any interest
not so timely paid shall cease to be payable to the person who is
the Holder hereof as of the Regular Record Date, and shall be
248270
5
payable to the person who is the Holder hereof at the close of
business on a date (the "Special Record Date") fixed by the Bond
Registrar whenever money becomes available far payment of the
defaulted interest. Notice of the Special Record Date shall be
given to Bondholders not less than ten days prior to the Special
Record Date. The principal of and premium, if any, and interest
on this Bond are payable in lawful money of the United States of
America.
This Bond shall not be valid or become obligatory for any purpose
or be entitled to any security unless the Certificate of
Authentication hereon shall have been executed by the Bond
Registrar.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND
SET FORTH ON THE REVERSE IiEREOF, WHICH PROVISIONS SHALL FOR ALL
PURPOSES HAVE THE SAME EFFECT AS 3F SET FORTH HERE.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and
things required by the Constitution and laws of the State of
Minnesota to be done, to happen and to be performed, precedent to
and in, the issuance of this Bond, have been done, have happened
and have been performed, in regular and due form, time and manner
as required by law, and that this Bond, together with all other
debts of the Issuer outstanding on the date of original issue
hereof and the date of its issuance and delivery to the original
purchaser, does not exceed any constitutional or statutory
limitation of indebtedness.
IN WITNESS WHEREOF, the Rosemount Port Authority, Dakota County,
Minnesota, by its Board of Commissioners has caused this Bond to
be executed on its behalf by the facsimile signatures of its
Chair and its Secretary, the corporate seal of the Issuer having
been intentionally omitted as permitted by law.
2�►s2m
6
Date of Registration: Registrable byc
Payable at:
BOND REGISTRAR'S ROSEMOUNT PORT AUTHORITY
CERTIFICATE OF DAKOTA COUNTY, MINNESOTA
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned �s/ Facsimile
within. Chair
L� Facsimile
, Secretary
Bond Registrar
By
Authorized Signature
z��o
7
ON REVERSE OF BOND
Redemption. All Bonds of this issue maturing in the years 2004
through 2009, both inclusive, are subject to redemption and
prepayment at the option of the Issuer on February 1, 20U3, and
on any date thereafter at a price of par plus accrued interest.
Redemption may be in whole or in part of the Bonds subject to
prepayment. If redemption is in part, the maturities and the
principal amounts within each maturity to be redeemed shall be
determined by the Issuer; and if only part of the Bonds having a
common maturity date are called for prepayment, the specific
Bonds to be prepaid shall be chosen by lot by the Bond Registrar.
Bonds or portions thereof called for redemption sha11 be due and
payable on the redemption date, and interest thereon shall cease
to accrue from and after the redemption date. Mailed notice of
redemption shall be given to the paying agent and to each
affected Holder of the Bonds.
Selection of Bonds for Redemptions Partial Redemption. To effect
a partial redemption of Bonds having a common maturity date, the
Bond Registrar shall assign to each Bond having a conimon maturity
date a distinctive number for each $5,000 of the principal amount
of such Bond. The Band Registrar shall then select by lot, using
such method of selection as it sha11 deem proper in its
discretion, from the numbers assigned to the Bonds, as many
numbers as, at $5,000 for each number, shall equal the principal
amount of such Bonds to be redeemed. The Bonds to be redeemed
shall be the Bonds to which were assigned numbers so selected;
provided, however, that only so much of the principal amount of
such Bond of a denominatian of more than $5,000 shall be redeemed
as shall equal $S,OOO for each number assigned to it and so
selected. If a Bond is to be redeemed only in part, it shall be
surrendered to the Bond Registrar (with, if the Issuer or Bond
Registrar so requires, a written instrument of transfer in forna
satisfactory to the Issuer and Bond Registrar duly executed by
the Holder thereof or his, her or its attorney duly authorized in
writing) and the Issuer shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of such
Bond, without service charge, a new Bond or Bonds of the same
series having the same stated maturity and interest rats and of
any authorized denomination or denominations, as requested by
such Holder, in aggregate principal amount equal to and in
exchange for the unredeemed portion of the principal of the Bond
so surrendered.
Issuance; Purpose; Taxable General Obliqation. This Bond is one
of an issue in the total principal amount of $580,000, all of
like date of original issue and tenor, except as to number,
248270
8
maturity, interest rate, denomination and redemption privilege,
which Bond has been issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota and
pursuant to a resolution adopted by the Board of Commissioners on
October 5, 1993 (the "Resolution") , for the purpose of acquiring
land for development as a business park. This Bond is payable
out of the Taxable General Obligation Bonds, Series 1993E Fund of
the Issuer. This Bond constitutes a general obligation of the
City of Rosemount, and to provide moneys for the prompt and full
payment of its principal, premium, if any, and interest when the
same become due, the full faith and credit and taxing powers of
the City of Rosemount have been and are hereby irrevocably
pledged.
Denominations: Exchange; Resolution. The Bonds are issuable
solely as fully registered bonds in the denominations of $5,000
and integral multiples thereof of a single maturity and are
exchangeable for fully registered Bonds of other authorized
denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner
and subject to the limitations provided in the Resolution.
Reference is hereby made to the Resolution for a description of
the rights and duties of the Bond Registrar. Copies of the
Resolution are on file in the principal office of the Bond
Registrar.
Transfer. This Bond is transferable by the Holder in person or
by his, her or its attorney duly authorized in writing at the
principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Reqistrar, all subject ta the terms
and conditions provided in the Resolution and to reasonable
regulations of the Issuer contained in any agreement with the
Bond Registrar. Thereupon the Issuer shall execute and the Bond
Registrar shall authenticate and deliver, in exchange for this
Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar
designation) , of an authorized denomination or denominations, in
aggregate principal amount equal to the principal amount of this
Bond, of the same maturity and bearing interest at the same rate.
���s upon Transf�r or Loss. The Bond R�gistrar may require
payment of a sum sufficient to cover any tax or other
governmental charge payabl.e in connection with the transfer or
exchange of this Bond and any legal or unusual costs regarding
transfers and lost Bonds.
Treatment of Reqistered Owners. The Issuer and Bond Registrar
may treat the person in whose name this Bond is registered as the
owner hereof for the purpose of receiving payment as herein
2482T0
9
provided (except as otherwise provided on the reverse side hereof
with respect to the Record Date) and for all other purposes,
whether or not this Bond shall be overdue, and neither the Issuer
nor the Bond Registrar shall be affected by notice to the
contrary.
ABBREVIATIONS
The following abbreviations, when used in the inscription on the
face of this Bond, shall be construed as though they were written
out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for
(Cust) (Minor)
under the Uniform
(State)
Transfers to Minors Act
Additional abbreviations may also be used
though not in the above list.
248270
10
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and
transfers unto
the within Bond and does
hereby irrevocably constitute and appoint
attorney to transfer the Bond on the books kept for the
registratian thereof, with full power of substitution in the
premises.
Dated•
Noticec The assignor's signature to this
assignment must correspond with the name
as it appears upon the face of the
within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust
company or by a brokerage firm having a membership in one of the
major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad-15(a) (2) .
The Bond Registrar will not effect transfer of this Bond unless
the information concerning the transferee requested below is
provided.
Name and Address:
(Include information for all joint owners
if the Bond is held by joint account. )
248270
11
8. Execution; Temporarv Bonds. The Bonds shall be executed on
- behalf of the Authority by the signatures of its Chair and
Secretary and be sealed with the seal of the Authority;
provided, however, that the seal of the Authority may be a
printed facsimile; and provided further that both of such
signatures may be printed facsimiles and the corporate seal
may be omitted on the Bonds as permitted by law. In the
event of disability or resignation or other absence of
either such officer, the Bonds may be signed by the manual
or facsimile signature of that officer who may act on behalf
of such absent or disabled afficer. In case either such
officer whose signature or facsimile of whose signature
shall appear on the Bonds shall cease to be such officer
before the delivery of the Bonds, such` signature or
facsimile shall nevertheless be valid and sufficient for all
purposes, the same as if he or she had remained in office
until delivery. The Authority may elect to deliver, in lieu
of printed definitive bonds, one or more typewritten
temporary bonds in substantially the form set forth above,
with such changes as may be necessary to reflect more than
one maturity in a single temporary bond. The temporary
bonds may be executed with photaeopied facsimile signatures
of the Chair and Secretary. Such temporary bonds shall,
upon the printing of the definitive bonds and the execution
thereof, be exchanged therefor and cancelled.
9. Authentication. No Bond shall be valid or obligatory for '
any purpose or be entitled to any security or benefit under
this resolution unless a Certificate of Authentication on
such Bond, substantially in the form hereinabove set forth,
shall have been duly executed by an authorized
representative of the Bond Registrar. Certificates of
Authentication an different Bonds need not be signed by the
same person. The Bond Registrar shall authenticate the
signatures of officers of the Authority on each Bond by
execution of the Certificate of Authentication on the Bond
and by inserting as the date of registration in the space
provided the date on which the Bond is authenticated, except
that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of
registration the date of original issue, which date is
November 1, 1993. The Certificate of Authentication so
executed on each Bond shall be conclusive evidence that it
has been authenticated and delivered under this resolution.
10. Registration: Transfer: Exchanqe. The Authority will cause
to be kept at the principal office of the Bond Registrar a
bond register in which, subject to such reasonable
regulations as the Bond Registrar may prescribe, the Bond
2482T0
12
Registrar shall provide for the registration of Bonds and
the registration of transfers of Bonds entitled to be
registered or transferred as herein provided.
Upon surrender for transfer of any Bond at the principal
office of the Bond Registrar, the Authority shall execute
(if necessary) , and the Bond Registrar shall authenticate,
insert the date of registration (as provided in paragraph
10) of, and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of any
authorized denomination or denominations of a like aggregate
principal amount, havinq the same stated maturity and
interest rate, as requested by the transferor; provided,
however, that no Bond may be registered in blank or in the
name of "bearer" or similar designation.
At the option of the holder, Bonds may be exchanged` for
Bonds of any authorized denomination or denominations of a
like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the grincipal
office of the Bond Registrar. Whenever any 8onds are so
surrendered for exchange, the Authority shall execute (if
necessary) , and the Bond Registrar shall authenticate,
insert the date of registration of, and- deliver the Bonds
which the holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided
for in this resolutian shall be promptly cancelled by the
Bond Registrar and thereafter dispased of as directed by the
Authority.
All Bonds delivered in exchange for or upon transfer of
Bonds shall be valid general obligations of the Authority
evidencing the same debt, and entitled to the same benefits
under this resolution, as the Bonds surrendered for such
exchange or transfer.
Every Bond presented or surrendered for transfer or exchange
shall be duly endorsed or be accompanied by a written
instrument of transfer, in form satisfactory to the Bond
Registrar, duly executed by the holder thereof or his, her
or its attorney duly authorized in writing.
The Bond Registrar may require payment of a sum su€ficient
to cover any tax or other governmental charge payable in
connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds,
248270
13
Transfers shall also be subject to reasonable regulations of
the Authority contained in any agreement with the Bond
Registrar, including regulations which permit the Bond
Registrar to close its transfer books between record dates
and payment dates.
11. Riahts Ubon Transfer or xchange. Each Bond delivered upon
transfer of or in exchange for or in lieu of any other Bond
shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12. Interest Payment. Record Da e. Interest on any Bond shall
be paid on each Interest Payment Date by check or draft
mailed to the person in whose name the Bond is registered
(the "Holder") on the registration books of the Authority
maintained by the Bond Registrar and at the address
appearing thereon at the close of business on the fifteenth
(15th) day of the calendar month next preceding such
Interest Payment Date (the "Regular Record Date") . Any such
interest not so timely paid shall cease to be payable to the
person who is the Holder thereof as of the Regular Record
Date, and shall be payable to the person who is the Holder
thereof at the close of business on a date (the "Special
Record Date") fixed by the Bond Registrar whenever money
becomes available for payment of the defaulted interest.
Notice of the Special Record Date shall be given by the Bond
Registrar to the Holders not less than ten (10) days prior
to the Special Record Date. ,
13. Treatment of Registered Owner. The Authority and Bond
Registrar may treat the person in whose name any Bond is
registered as the awner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and
interest (subject to the payment provisians in paragraph 12
above) on, such Bond and for all other purposes whatsoever
whether or not such Bond shall be overdue, and neither the
: Authority nor the Bond Registrar shall be affected by notice
to the contrary.
14. Deliverlr; Application of Proceeds. The Bonds when so
prepared and executed shall be delivered by the Treasurer to
the Purchaser upon receipt of the purchase price, and the
Purchaser shall not be obliged to see to the proper
application there4f.
15. Fund and Accounts. There is hereby created a special fund
to be designated the "Taxable General Obligation Bonds,
Series 1993E Fund" (the "Fund") to be administered and
maintained by the Treasurer as a bookkeeping account
tks2�o
14
separate and apart from a1T other funds maintained in the
official financial records of the Authority. The Fund sha11
be maintained in the manner herein specified until all of
the Bonds and th� interest therean have been fully paid.
There shall be maintained in the Fund two (2) separate
accounts, to be designated the "Capital Account" and "Debt
Service Account", respectively.
(i) Capital Account. To the Capital Account there shall be
credited the proceeds of the sale of the Bonds, less
accrued interest received therean, and less any amount
paid for the Bonds in excess of $571,300 and less
capitalized interest in the amount of $
(subject to such adjustments as are necessary to
provide sufficient funds to pay interest on the Bonds
on or prior to February 1, 1995. ) From the Capital �
Account there shall be paid all costs and expenses of
the Project, including the cost of acquisition
heretofore incurred and all other costs incurred and to
be incurred of the kind authorized in Minnesota
Statutes, Section 475.65; and the moneys in said
account shall be used for no other purpose except as
otherwise provided by law; provided that the proceeds
of the Bonds may also be used to the extent necessary
to pay interest on the Bonds due prior to the
anticipated date of commencement of the collection of
taxes herein levied or covenanted to be levied.
(ii) Debt Service Account. There are hereby irrevocably
appropriated and pledged to, and there shall be
credited to, the Debt Service Account: (a) all accrued
interest received upon delivery of the Bonds; (b) all
funds paid for the Bonds in excess of $571,300; (c)
capitalized interest in the amount of $
(subject to such adjustments as are necessary to
provide sufficient funds to pay interest on the bonds
on or prior to February i, 1995) ; (d) any collections
of all taxes herein or hereafter levied for the payment
of the Bonds and interest thereon; (e) all funds
remaining in the Capital Account after completion of
the Project and payment of the costs thereof; (f) all
investment earnings on funds held `in the Debt Service
Account; and (g) any and all other moneys, which are
properly available and are appropriated by the
governing body of the Authority to the Debt Service
Account. The Debt Service Account shall be used solely
to pay the principal and interest and any premiums for
redemption of the Bonds and any other general
obligation bonds of the Authority hereafter issued by
248270
15
the Authority hereafter issued by the Authority and
made payable from said account as provided by law.
16. Tax Lew; Coveraq,e Test. To provide moneys for payment of
the principal and interest on the Bonds there is hereby
levied upon all of the taxable property in the City a direct
annual ad valorem tax which shall be spread upon the tax
rolls and collected with and as part of other general
property taxes in the City for the years and in the amounts
as follows:
Year of Tax Year of Tax
Levy Collection Amou, r�t
1993 1994
1994 1995
1995 1996
1996 1997
1997 1998
1998 1999
1999 2000
2000 2001
2001 2002
2002 2003
2003 2004
2004 2005
2005 2006
2006 2007
2007 2008
' The tax levies are such that if collected in full they, will
produce at least five percent (5�) in excess of the amount
needed to meet when due the principal and interest payments
on the Bonds. The tax levies shall be irrepealable so long
as any of the Bonds are outstanding and unpaid, provided
that the Authority reserves the right and power to reduce
the levies in the manner and to the extent permitted by
Minnesota Statutes, Section 475.61, Subdivision 3.
17. Taxable General Oblicration Pledge. For the prompt and full
payment of the principal and interest on the Bonds, as the
same respectively become due, the full faith, credit and
taxing powers of the City have been irrevocably pledged by
an Ordinance adopted by the City on October _, 1993, in
accordance with Minnesota' Statutes, Section 469.060. If the
balance in the Debt Service Account is ever insufficient to
pay all principal and interest then due on the Bonds and any
other bonds payable therefrom, the deficiency shall be
promptly paid out of any other funds of the Authority which
248270
16
are available for such purpose, and such other funds may be
~ reimbursed with or without interest from the Debt Service
Account when a sufficient balance is available therein.
18. Certificate of Registration. The Executive Director is
hereby directed to file a certified copy of this reso2ution
with the County Auditor of Dakota County, Minnesota,
together with such other information as they shall require,
and to obtain the Auditor's certificate that the Bonds have
been entered in the Auditor's Bond Register, and that the
tax levy required by law has been made.
19. Records and Certificates. The officers of the Authority are
hereby authorized and directed to prepare and furnish to the
Purchaser, and to the attorneys approving the legality of
the issuance of the Bonds, certified copies of all
proceedings and records of the Authority relating ta the
Bonds and to the financial condition and affairs of the
Authority, and such other affidavits, certificates and
information as are required to show the facts relating to
the legality and marketability of the Bonds as the same
appear from the books and records under their custody and
control or as otherwise known to them, and all such
certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the
Authority as to the facts recited therein.
20. Defeasance. When all Bonds have been discharged as provided
in this paragraph, all pledges, covenants and other rights
granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The
Authority may discharge its obligations with respect to any
Bonds which are due on any date by irrevocably dspositing
with the Bond Registrar on or before that date a sum
sufficient for the payment thereof in full; or if any Bond
should not be paid when due, it may nevertheless be
discharged by depositing with the Bond Registrar a sum
sufficient for the payment thereof in full with interest
accrued to the date of such deposit. The Authority may also
discharge its obligations with respect to any prepayable
Bonds called for redemption on any date when they are
prepayable according to their terms, by depositing with the
Bond Registrar on or before that date a sum sufficient for
the payment thereof in full, provided that notice of
redemption thereof has been duly given. The Authority may
also at any time discharge its obligations with respect to
any Bonds, subject to the provisions of law now or hereafter
authorizing and regulating such action, by depositing
irrevocably in escrow, with a suitable banking institution
t�.sz�o
17
qualified by law as an escrow agent for this purpose, cash
or securities described in Minnesota Statutes, Section
475.67, Subdivision 8, bearing interest payable at such
times and at such rates and maturing on such dates as shall
be required, subject to sale and/or reinvestment, to pay a11
amounts to become due thereon to maturity or, if notice of
redemption as herein required has been duly provided for, to
such earlier redemption date.
21. Severabilitv. If any section, paragraph or provision of
this resolution shall be held to be invalid or unenforceable
for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the
remaining provisions of this resolution.
22. Headings. Headings in this resolution are included for
convenience of reference only and are not a part hereof, and
shall not limit or define the meaning of any provision
hereof.
23. Effectiveness. This resolution shall become effective only
upon adoption by the City Council of an ordinance
authorizing the pledge of the City's full faith and credit
to the payment of the Bonds.
248270
18
The motion for the adoption of the foregoing resolution was duly
introduced by commissioner Edwa.rds and
seconded by commissioner Sinnwell and,
after a full discussion thereof and upon a vote being taken
thereon, the following voted in favor thereof:
Dunn, McMenomy, Edwards, Sinnwell, Carroll, Anderson
and the following voted against the same:
None
Adopted this 5th day of October, 1993 .
Edmund Dunn, Chair
ATTEST:
Stephan Jilk, Executive Director
Motion by: Edwards Seconded by: Sinnwell
Voted in Favor: Dunn, McMenomy, Edward.s, Sinnwell , Carroll, Anderson
Voted against: None
19
.
STATE OF MINNESOTA
COUNTY OF DAKOTA
ROSEMOUNT PORT AUTHORITY
I, the undersigned, being the duly qualified and acting
Secretary of the Rosemount Port Authority, Minnesota, DO HEREBY
CERTIFY that I have compared the attached and foregoing extract
of minutes with the original thereof on file in my office, and
that the same is a full, true and complete transcript of the
minutes of a meeting of the Board of Commissioners of said
Authority, duly called and held on the date therein indicated,
insofar as such minutes relate to considering bids for, and
awarding the sale of, $580, 000 Taxable General Obligation Bonds,
Series 1993E of said Authority.
WITNESS my hand this day of , 1993.
Secretary
2��0
20
- __..,_t_ ._..._.,_.a._ � �.
. . �'r�;�"�£ �..a,=��,:.� .a .c..s:,atia.�1°`�:+lr�,tr -�:r,�..�-.... � '.:.�:�� - ��-a.•�- Kw�•-s� — - -�;.,;;a�
��+ ;
(
i.
�
. � . � � � . � � � � i
� _QUALZFICATIONS . i
�
Jacquelyne D. Wentwoxth �
PROJECT ASSIGNMENTS: Acquisition, Residential and Business
Relocation Services
EDUCATION: B.A./1969/Criminal Sociology, Minor in
Psychology, University of M3nnesota �
• Continuing Education Courses sponsored
- by the International Right of Way '
� � Assoc,�ation, DHUD, NAHRO
Private pilot
Certified dance instructor
PROFESSIONAL AFFILIATIoNS: International Right of Way Association,
. Minnesota Chapter 20, Past Chairman of
RelQcation Committee
riinnesota Chapter of the National
Association of Housing & Redevelopment
Officials '
Past Board President for Eastside
Neighbarhood Services ' �
Counselor at Your Emergency Se=vice
Aircraft Owners and Pilots Association
FORMED CONW(JRTH, INC. : 19 8 9
RELATED EXPERIENCE: � Minneapolis Housing & Redevelflpment
Authority (now MCDA) !
* Residential relocation counselor
for 6 years
* Supervisor of trouble shooting team
assigned to problem cases for 3
years
* Instrumenta7, in developing E.E.O.
policies of Agency
Von Klug & Associates, Inc. ,
� * Consultant for il years in '
.•residential and business
relocation, as well as acquisition i
COI�+iENTS: Ms. Wentworth has been a guest
instructor for the University af �
1•iinnesota Urban Studies Courses,
Hennepin County Bar Association, �
Minnesota Institute of Legal
Education, IRLaA. She is socially-
oriented and volunteers her time at
various agencies.
PERSONAL RELOCATION CLAIM
.7ULY, 1993
ALBERT 'R. MONK •
13965 SOUTH ROBERT TRAIL
� ROSEMOUNT, MN
PARCEL �34-02010-022-60
ROSEMOUNT PORT AUTHORITY
ARMORY SIfiE PROJECT
CONWORTH, INC.
� CONWURTH, INC.
4725 Exceisior Bivd.
Suite 200
Minneapolis, MN 55416
(612) 929-0044
July 12, 1993
John R. Mi11er
- � Economic Deve2opment Coordinator
Rosemount Port Authority
2875 145th Strest West
) P.O. Box 570
Rosemount, NIN 55068-5010
Subject: Actual Moving Payment for Albert R. Monk
' 13965 S. Robert Trail
Rosemount Port Authority Armary Site Project
Dear Mr. Miller:
Transmitted herewith is the Personal Relocation Claim for the
captioned owner. We have assembled the accompanying
documentatian. Upon your review and approval of this claim,
please make payment in the amount of Thirteen Thousand Eight
Hundred Seventy-Nine Dollars and No Cents ($13 ,879. 00) in the
following manner: .
Albert R. Monk and
T-L Construction
4101 19th Avenue South
Minneapolis, NIN $8,879. 00
Albert R. Monk and
Arlender G. Nordvik
4101 19th Avenue South
Minneapolis, NIl�T $5, 000."00
Please note that we are submitting this claim on behalf of Mr.
Monk at this time realizing that controversial items have not yet
been resolved. �
Thank you for your cooperation in this matter. A subsequent
claim will be submitted after the items are removed from storage,
unless the Port Authority wishes to pay the entire sum for
everything now. If there are any questions or concerns regarding
this matter, please contact me.
Sincerely,
� � e�,�.,�.-
r t,�. .�
Jac�e �yne Wentworth
Owner/Consultant
sl
Enclosures
Redevelopment Acquisition��
SUMMARY
Occupant Name: Albert R. Monk
Date and Type of Initial Occupancy: 3981, as owner
Date Claimant Notified Consultant of Move: April 1, 1993
Occupant Descrigtion: Personal items only
Type of Payment: Actual Moving Expense Payment
Claim Summary:
Actual Moving Expense Payment $ 8, 879.00
' Storage costs (as of 7-15-93) $ 5,000.00
Amount of This Claim: �13 ,879 .00
Amount of Previous Claims: -�-
Total Claims to Date: $23,879,00
Less Amounts Paid; -Q-
Total Amount Requested: $13 ,879. 00 �
Send Payment To:
Albert R. Monk and
T-L Construction
4101 19�h Avenue South
Minneapolis, MN $8 ,879 . 00
Albert R. Monk and �
Arlender G. Nordvik
4101 19th Avenue South
Minneapolis, MN $5 , 000.00
CaNWORTH, INC.
+�iooT TP-2sis2•o2 �s•s3� Residentiat
. STATE OF MINNESOTA
DEPARTMEN7 OF TRANSPORTATION
� CLAIM FOR MOVING COSTS
' See instructions on Reverse Side .
� FOR STATE USE ONL Y
Name . �bert R. tlonk Approvcd Amount � �
S.P. Parcel 4�34-02�10-022-60 Appco�cd
. : Acq.Engr.o R/W
Fed. No. Gouncy Dakota Ap�rovcd -
. Re o.Mgc.
Par. No. Owner �a'm� Date Application Approved
Trail • � �
Addcess 1 39h5 �_ Rc�vArt City RosemoLnt Mail CheckTo:
Type of Acquisition
W
FOR STATE USE ONLY TRAN VENOOR NUMBER TYPE
� INVOICE NUMBEH ORGANIZATlON
O
� Receipced Bills X Room basis sen.No. SUFF DEPT.PO/FO N0. OBJECt
L"' .
W • ' •
� lf room basis-number of rooms S ,annov►vT oF �Nvoice oaTe ua s.cT Tas
Q �
� N�A SUB TASK COST/CLIENT COOE FED REV
>- Dislocation allowance S �
Q �
0 i certiiy that tha goods or materials eoverod by this cleim
0 ' heve been fnspetted and raceived or ths service� have been
M Residence from whuh you moved: P..+or�.+ed, end ero in�eco�dance with spselfication�,�nd a�s
I� proper form, kind, emaunt and quailty, and payment
z therolor Is herebY recommended.
i ❑Apartment No. Rooms
E-
� ❑House No. Rooms N�A SYSTEM ASSIGN aEF. NO. DEPT AUTH SIGNATURE
d ❑9asement �Garage
v Was.it furnished with your own furn. �yes ❑no
F--
� Name of Mover D�ce of Move
c�
H T—L Construction 5-1-93
F- Address City
� 3508 39th Avenue S. MinneapoZis; MN 55406
�
a LOCATION TO WHICH PERSONAL PROPERTY WAS MOVED:
� Aaar�u c��s�
15280 S. Robert Trail Rosemount, Mn .
I, the undersigned, do horeby certify that the above information is true and correct, and that any movers' receipts or statements
attachcd hereto accurately represent the expenses incurred. [ further certify that 1 have not subrnitted any other moving claim Eor
reimbursement of, or received compensation for, any expense in connection with this claim. I understand that falsifitation of any
portion of this claim wiU result in its dcniaL
Mail Claim To: Dated�Day of S�� � 19(.�—�
. Signaturc v�„L�µ,�/��,���'"z��
-., , , -V'r��� �`y� /
ACTUAL MOVING AND RELATED EXPENSES
Applicable relocation regulations require public agencies to pay
the moving and related expenses incurred by the people it
displaces for public projects. Eligible actual moving and -
related expenses include those incurred to disconnect and
reconnect, to disassemble and reassemble, to pack and unpack, and
to cart the household' s personal property from the project site
to the replacement dwelling chosen by the displaced household.
Also eligible for repayment are the costs incurred to insure the
move and, at the discretion �o€ the Displacing Agency, to store
any personal property which cannot be immediately reestablished
at the chosen replacement. The only two limiting conditions on
the payment made for these moving-related expenses are that the
amounts paid be reasonable and necessary. Further, it is up to
the Displacing Agency to determine whether these two
qualifications have been met.
Compensation for actual moving expenses is generally determined
by securing two bids or estimates of the cost for a professional
moving company to conduct the move and allowing the lower amount
as payment ta the mover. (This assumes that the transfer will
take place within a 50-mile radius. � The relocation rules germit
payment for an actual move expense of a "low-cost" move C��,500
or Iess} to be based on one move cost proposal estimate pzovided
by a professional moving company or qualified staff person.
The displaced household may also choose to move themselves under
this Actual Move Expense provision, keep records of their actual
costs via time cards , pre-approved rates, and invoi�ces, and be
reimbursed directly for their reasonable and necessary documented
costs actually incurred. This option, however, because it
requires so much effort to dacument all of the move costs
incurred by the household, is seldom chosen by the displacee.
Under an Actual Move Expense claim, reconnect costs for personai
property such as telephone and cable TV are also allowable, sa
long as the system being installed is the same or sirnilar to the
one which was in use at the project site. Actual invoices are
submitted for these costs. „
To summari2e, then, a displaced person can be paid for his/her
actual costs to move the personal property. An actual moving and
related expense claim requires documentation in the form of
actual invoices for services rendered.
The next page to this claim i,temizes the invoices of the
claimant' s professionals hired to handle each aspect of the
transfer and totals them to show the amount of payment being
recommended to the claimant for an actual moving expense
entitlement.
C�NWORTH, INC.
ACTUAL MOVING AND RELATED EXPENSES
Occupant Name: Albert R. Monk _
Actual, Move to Storage of General Personal Property: $8, 879.00
Actual Move out of Storage: $5 ,500.00 (pending) *
Actual Starage Costs plus Deposit as of 7-15-93 : $5,040.00 **
Total Aetual Moving and Related Expenses: �13 ,879 .00
* This service has not yet been performed.
** This total amount will change to ref lect $1,000/mo. charges
as per lease. The $5 ,000.00 represents the amount actually
incurred by Mr. Monk as of July 15, 1993 .
C4NWORTH, INC.
MEMORANDUM
T0: Albert R. Monk File
FROM: Jacquelyne Wentwarth ;�,�-�
DATE: July 12, 1993
Mr. Monk has moved his personal property from the site address to
starage as was previously approved by the Rosemount Pbrt �
Authority. We realize that there has been some question as to
the number and kind of items that were present an t�e property
which Mr. Monk needed to put into storage; hawever, Mr. Red
Staats, known fairly well by the Port Authority and City Council,
has stated �hat all these items were on the site. If =the
Rosemo�tnt Port Authority wishes to close out this matter with Mr.
Monk, the Agency could pay the actual move to storage, the total
year of storage payment, and the move out of storage to total up
to the low bid figure of $23 ,421.60.
It is normally the practice that an Agency would pay for storage
on a per month basis directly to the storage company. Ferhaps
- Rosemount Port Authozity would want to make that type . of payment
to Mr. Nordvik. � �
We realize that this has been a difficult situation and would
suggest that the Fort Authority expedite this matter in any way
possible.
CONWORTH, INC.
' STATEMENT '� .r-L c�nstru�c��n STATEME�
T-L Construction 3508 , 39th Ave. So.
3508, 39th Ave. So. • Minneapolis , N�I. 55406
Minneapolis ,` MN. 55406 , oATE
(612) 721-1986 o�Te '
June 1 � 1993 � j', June 1, 19�
�� . TERMS
TERMS � i l CASH
. CASH +; ,
�
. Alb er t Monk �� To •A1b er t MonkG
To 4101, 19th Ave. So. iI 4�.01 , 19th Ave. So.
• riinneapolis , MN. 55407 '� ,Minneapolis , MN. 55407 �
• OUNT ENCLOSED f 1 AMOUNT ENCLOSEO 1 '
AM i
I �'s.. 4:..�r. PIFASE.DETACH AND RETU&N UPPER PORTION WITH YOUR REMtTTANCE
. .{,h:;';..�;;<�,:nLFi�SE DETACH AND REfURN UPPER PORTION WITH YOUR REMITinNCE ,, ,;.`-t a J;�•�'3 .�• °. .
. + ;:DATE`>.;..�,,.•.. CHARGES.AND GREOITS;�a"i:ir� :-,.s'3�+�"�,: :.� �!•;::�• r l;:a:BAIANCE
' ;.a.:,:BAIANCE s .�Fe 'y` , _
:�DATE�.':r'+ '. LHARGES AND CREDITS �i:'s� .,"�.,.• � t t�P�i ;t.'� !. . '
6/l/93 Packing, Loading, Hauling, i 6/1/93 Boxes and Cartons rlat. = $105. 1
and i;n-Loading Materials fo i TOTAL ��$��• �
Stora�e. _
4 Men at 64 Hrs. � 64 man � (
Hrs. x 4 = 2S6 x $25 = $6►400.00 I�
6/1/93 Disassemble Paint BooCh and � ��
Mave Co Storage B1dg. $250. 00
10 Man Hrs. _
6I1/93 Move Classic Cars by �tauli.n $20�4.00 •
Flat. _ �
b/1/93 Move Cars , Motorhome, Tract r,
and equipment by Drivinp;.
Flat. _ $250. 00
6/1/93 Truck RenCal 6 Days
with Driver x $165 = $990. 00 �
6/1/93 I�orklift Rental �+ days x $9, =$384.00 .
6/1/9�3 Pallets 10 x $34 = $300.00 � ..
' �4 � _ r-- wn.cn�one..c.
� WltsonJones c..eeM... t� ��5 � �.. ��. �MADE iN U.S A..�.•
_� �'y . •iusn • fll•�• •••nl�(� � y�••• •�•1FCN' '�R Rff^ � • � c a.rona
' � � � QwA.BOOTN,6AKER 6�OC..M►Lt.SWOt
� F�� 265 P Z..ea�0 oi EQulDment und Ott�rr 1'C�rOnYl PfOyCtt)'. � . � SECUR1TY�l�.MKtOOK,�MwACOUTA,LT.►AUl5S107 �
This agreement, made the 1 Sth day of Apr i 1 1993 , between Ar lender G. Nordvik
, of 623 2nd Street, Farmington, Mn. 55024
party of the first part, and Albert R. Monk
af � ' 41Q1 19th Ave . South, Minneapolis , Mn. 55407
, party of the second part:
' WITNESSETH: _
;.. 1. That the said party of the first part hereby lets to the said party of the second part all of the following described
personal property, ta•wit:
60 ' X 100 ' Cold Storage Building for storage at 15280 South
Robert Trai1 , RoseMount, Mn .
1 . Lessee will pay $1000.00 deposit and first month' s rent
on April 15, 1993 .
2 .. Lessee wi11 carzy his own insurance for property stored
in building . .
� � • 3 . This lease will continue with. 60 days written notiee to
� Lessor by Lessee before end of lease .
for the term of 12 **+onths, com:nencing on the �5th day of_�?�r i 1 1993 ,
the said party of the second part paying therefor to the said party of the first part a+ �
15280 South Robert Trail , Rosemount , Mn . 55068
the sum of One ThOus�nd Dollars
on the 1 Sth day of'each month of the said term.
2. That the said party of the second part hereby covenants,with the said party of the first part to pay the said rent
at the ti.mes and in the manner aforesaid, artd that,if the said rent or any part thereof shall at any tima or times as here-
� inbefore provided be unpaid, the said party of the second part will �pay to the said party of the first part interest on such
azrears aY the rate of 1 Oio per cent, per �nnum from the date of default in payment thereof until the said rent
shall be paid, together with zeasonable charges and ezpenses for collecting the said rents; to pay all taxes which may be
imposed upon the said property w�hile in the possession of the said party of the second part; to use the said property in a
careful and prudent mannez; not to sublet, moztgage,.or in any manner dispose of the same to any person, or remove or
atte�pt to zemove the same, or suffer the same to come into the custody or control of any person other than the said
party of the•second part, without the consent in writing of the said party of the first part;not to suffer any legal process
to be levied upon the same; to permit the said party of the first part at all reasonable tiznes to enter upon the pxemises to
inspect the said property; and to surzender the said property up to the said party of the first pazt at the expiration of the
said term in as good condition as when he received the same, reasonable wear excepted.
3. That if any rent hereunder shall be due and.unpaid, or if default shall be made in any of the covenants on the
part of the party of the second part hezein contained, then and in ar►y such case the said party of the first pazt or his legal
repzesentatives may, immediatety or any time ihereafter,take possession of the said property whezever it may be found,
fozcibiy, if necessary, without being taken or deemed guilty of any manner of trespass,-and without thereby rendering him-
self oz themselves liable to refund any sums zeceived as rent as aforesaid, and thereupon this lease shall determine, but
without prejudice to sny remedies which he or they might otherwise use for arrears of rent or any breach of the covenants
of the said party of the second part herein contained.
IN WITNESS WHEREOF,Said lessor_.._l and lesse�have hereunto set their hands this.� l 5th day of
April , 1993
In Presence of 1 . Ar nder G. NOrdvlk
)
� . Albert R. Monk
? - . �;'� j� � �.
) . v�:��- � �t,�E'-l'�
Personat Acknowledgment
State of rSiaaesota
�ss.
County.of
On thig day oE � , 19 , before me personally appeared
to me laiown to be the persor�desczibed in and who ezecuted the foregoing instztuaent, and acknowledged that___he_
executed the same g= _ fzee act and deed.
�SE'A7,1
Yt��;L L
T-L Construction ST�TE�EN� �
350$, �•=39th Ave. So. �
Minneapolis`, MN. 55406 �
(612) 721-1986 • onre •
: June 1 , 1993
TERMS i
CASH 1
,
ro •AlberC Monlc
4101, 19th Ave. So.
�Minneapolis , r1N. 55G07
. �
nMOUNT ENCLOSED S (
'' ,�,.�:r;,.;:��f;PLEASE DEfACH!WD REfL1RN UPPER PORTION WITH YOUR REMITTANCE.•�� ..� � ::.t1 I
�':,'>,',yin��DATE„'�.+i;i�;': CNARGES AND.CREDt7S . ,..,►.;;•N v; , :,::,�: .:.'�:`.`BAUNCE� :.i;%
6/1/93 Boxes and Cartons Flat. $305.00 '
TOTAL � 8879.00 �
Estimate Cost to Move out of Storage $5500. 00
Total Cost $14, 379. Od �
�
�
. . �
. _ . . � � � , wn•nnJonos.�w.�•.�•., � � � .
Piepho Moving & Storage, Inc.
3110 Neil Armstrong Boulevard,Eagan,MN 55121
Te�.�s127 sss=�a�s•Fax:�s�2)sss-7t ss
April 13, 1993
Ms . Jacquelyne Wentworth
CONWORTH, INC.
4725 Excelsior B1vd. Suite 200 -
Minneapolis MN � 55416
Dear Ms. Wentworth:
The following is our proposal for the relocation of
A1 Monk to storage for 365 days . This also inc].udes
delivery out of storage to a destination within a 50
mile radius of the storage facility.
This proposal does not include insurance. Declare
valued protection is. aaailable for $ :5Q per $1000.00 -
value per month with a $250.00 deductible. �
We cannot transport or store flammable or combustible
articles .
PHASE I PACK & LOAD TO STORAGE FACILITY
Pack, load and transport ail items and materials specified
at the time of the physical survey to the storage facility.
All articles to be relocated must be detached from the
building and ready for transport . All articles attached
� to walls , ceiling and foundation are the responsibility of
the owner .
.��LL/EL�
Agent for Ailied�fan Lmes
Page 2
PHASE II WAREHOIISE HANDLING & STORAGE
All items and materials will be delivered into the storage
facility with storage not to exceed 365 days. Storage will
commence when the first article is delivered into storage
which will signify the first day of the 365 days allowed
by the agreement . Due to the fact that on the 365th day,
starage ceases, delivery out will begin five days before
to ensure vacancy on the final day.
PHASE III DELIVERY OUT OF STORAGE
Deliuery of all material and items to a specified sight
within `a 50 mile radius of the storage facility as stated .
Charges are based on ground flaor delivery only. If the
SO mile radius is exceeded, a $100.00 per van per ten mile
increment charge will apply.
AL MONK
PHASE I PACK, LOAD T0 STOBAGE FACILITY $ 6,001 . 6� .
PHASE II WAREHOUSE HANDLING & STORAGE $13 , 500,00
PFiASE III DELIVERY OUT OF STORAGE $ 3 ,924.00
BID TOTAL $23,421 . 60
S 'r�cer�ly,
� � �' ,� �l'� D /yZ G
Jeff Boisen
�
General Manager/Sales � Uu
(-� /�7�Nd ��/,�' L"
JRB/kb
;
B���E I� B C�+O S. ��;�� a� s�� ���� .��
LOCAL AND WOpLD WIDC 1'��.. 817•451•1018
MOYINO 818 NOaTN GONGORD ST.
S1N�E iD17 :SOUTH ST. P�Ut, MtNN. 5547�
F�x 612.a51.7484
March 2�, i993 _
. AI Mank .
13965 Sauth� Robert Trail
. Ros�emount, MN 55068
Dear Al: �
Thank you for the oppoz'tunity to fux'nish you an estimate for
your upcomi.ng move . The estimated cost to pack and move
_� your persona]. belonginqs to our storage fa�i3ity in 5outh
St. Paul would be �19,260, 40 . The breakdowns for storage
and w/house '
. handl.ing only are: . .
Storage, per month $1, 199 . 00
. - W/House handling {one time 780. 00
charge)
The estimated amoun� to move you from our s�orage to a . ,
unknown site would be $12, 450 .40.
� A1, Bester Bros, charges by the hour, and if the �ime should
be more or less than the quoted time, you would be charqed
accoxdingly. .
If• you have any questions regarding the above estimate,
please do not hesitate to contac� us. Again, thank you for
inviting Bester B=os. �.n to give you �n estimate. We look
_ forward to being of service to you. �
Sincerely,
BESTER BROTHERS TRAN3FER AND STORAGE COMPANY INC.
Lynn Sandhoefner
Sales Manager
LS/ds
�;y � . . � . . .
C.J, Nelson �ansfer Inc. w��.�
' � A'�'Q BA�L
Specializin�in Housahold, Office Movin�&High Tech Equipment """'*
March 25, �.993
A3. I�n3c
13965 South Rnbert T�ai2
Rosgrount, I�7 55066
Dear Al:
�ank You fo� the ogportunity to provide yau with an estimate for your ' .
relocation. ,Zb relocate your personaZ belan,gings to our storage facilities '
in Blcxmi,ngtcm an estimated cost would be i9,500.00. Storage and warehouse
hnndling .cost are;
Monthty stozage char9e 51,200.00
Warehouse handling char9e 764.00
: The estimated chazqe to relocate your personal belongins frcm our �storage
facilities to an unk.r�z facility would be appmximately 512,540.04.
. If the zelocatian wou.ld go faster than we anticipate you will only be
chargeQ for actual time and equi.gt�nt used.
If there are any changes or you hav� any questions, P��se'do not hesitate
to give me a call. we wi.11be as fle�rible as possible to accamr�dat� �,p�.t�
needs. I look fozward to working with you in the near future,
Sincerely, .
Dan� Wollak
8878 Wtntworth Avenue South • Bloomington, MN �5420 • (512) 8$1-4211
RELEASE OF PROPERTY
This is to notify the Rosemaunt Port Authority that I, Albert R.
Monk, representing myself, have vacated the property at 13965 S.
Robert Trail, Rosemount, Minnesota, on May 1, 1993 , and
relinquish all rights to property, real or personal, left at that
address.
��''-� /� i��
By ��'�'�
CC�NWORTH, INC.