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2020-11-02 City Council Agenda Packetlbcrtville Small living. flfg life. City of Albertville Council Agenda Monday, November 2, 2020 City Council Chambers 7pm NOTE: If necessary due to COVID-19, some Councilmembers may be participating in the meeting via video conference. PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings, are invited to do so under Public Forum and are asked to fill out a "Request to Speak Card". Presentations are limited to five (5) minutes. 1. Call to Order 2. Pledge of Allegiance - Roll Call 3. Recognitions — Presentations - Introductions 4. Public Forum — (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the October 19, 2020, regular City Council meeting minutes as presented B. Authorize the Monday, November 2, 2020, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. 7. Public Hearing - None 8. Wright County Sheriffs Office— Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) B. Fire P 49 —es 3-6 7 City of Albertville City Council Agenda Monday, November 2, 2020 Page 2 of 2 C. Finance 1. CARES Act Funding Reimbursement (Motion to adopt Resolution No. 2020-028, approving the CARES Funding City Expense Reimbursement) D. Planning/Zoning 1. Towne Lakes Lot 1 Block 5 Lot Minor Subdivision/Minor PUD Amendment and Easement Vacation • (Motion to approve Amendment to Master Planned Unit Development Agreement, Towne Lakes.) • (Motion to adopt Resolution No. 2020-029, approving the subdivision of Lot 1 Block 2 into two new single-family lots and a Minor PUD amendment bringing the new parcels into the Towne Lakes PUD and HOA) • (Motion to adopt Resolution No. 2020-030, approving the Vacation of an easement in Lot 1, Block 5, Towne Lakes addition.) E. City Clerk - None F. Public Works/Engineering 1. Central Park Skate Park (Motion to direct staff 'to contract for Skate Park design and construction through cooperative purchase with Spohn Ranch, Inc. in the amount of .$150, 000) G. Building - None H. Legal - None P 1 11-23 24-34 I. Administration 1. City Administrator's Update 35-36 10. Announcements and/or Upcoming Meetings Nov. 9 Nov. 10 Nov. 11 Nov. 12 Nov. 12 Nov. 16 Nov. 23 Nov. 24 11. Adjournment STMA Arena Board, 6 pm Planning Commission, 7 pm City Offices Closed, Veterans Day Special City Council to Canvass Election Results, 5:30 pm Joint Meeting of the City Council and Planning Commission, 6 pm City Council, 7 pm Joint Powers Water Board, 6 pm Parks Committee, 7 pm City Offices Closed, Thanksgiving Day Albertville Smog Ta IMnq. eq Cky ui.. ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES 1. Call to Order Acting Mayor Cocking called the meeting to order at 7:03 pm 2. Pledge of Allegiance — Roll Call Present: Acting Mayor Cocking, Councilmember Hudson Present remotely: Mayor Hendrickson and Councilmember Olson Absentee: Councilmember Halling October 19, 2020 — 7 pm Council Chambers Albertville City Hall Staff Present: City Administrator-PWD Nafstad, City Clerk Luedke, City Attorney Couri and City Planner Brixius 3. Recognitions — Presentations — Introductions - none 4. Public Forum There was no one present for the forum. 5. Amendments to the Agenda Councilmember Hudson added an item under the Legal Section regarding a discussion on the disturbance that occurred over the weekend. Motion made by Councilmember Hudson, seconded by Acting Mayor Cocking to approve the October 19, 2020, agenda as amended. Ayes: Cocking, Hendrickson, Hudson and Olson. Nays: None. Absentee: Halling. The motion carried. 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the October 5, 2020, regular City Council meeting minutes as presented. B. Authorize the Monday, October 19, 2020, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. C. Approve Lawful Gambling Premise permit for the Elk River Royal -Rocky Mountain Elk Foundation at PMA Financial Network for December 29, 2020. D. Authorize Purchase of Fall Protection and Self Rescue Equipment from USA Blue Book. City Council Meeting Draft Minutes Regular Meeting of October 19, 2020 6. Consent Agenda - continued Page 2 E. Call for Joint Meeting of the City Council and Planning Commission for November 12, 2020 after the Special City Council meeting at 6 pm. F. Approve Payment Estimate 1 to Omann Brothers for the 58th Street Improvement project in the amount of $568,615.57. Motion made by Councilmember Hudson, seconded by Acting Mayor Cocking to approve the October 19, 2020, consent agenda as submitted. Ayes: Cocking, Hendrickson, Hudson and Olson. Nays: None. Absentee: Halling. The motion carried. 7. Public Hearing There were no Public Hearings scheduled. 8. Wright County Sheriffs Office— Updates, reports, etc. The Wright County Sheriff's office did not have an update. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Acting Mayor Cocking provided an update from the STMA Ice Arena meeting. City Administrator Nafstad answered questions from Council regarding the STMA Ice Arena meeting. B. Finance -None C. Planning/Zoning 1. Gonyea/Watermark Properties — Single Family Concept Plan City Planner Brixius presented the staff report and said the developer was seeking feedback on the concept plan to determine whether to move forward with an application. Mr. Gonyea, one of the applicants, gave a brief overview of the single-family rental community concept plan that was being proposed. Mr. Ian Peterson, Watermark's Director of Operation, provided further details which included information on other metro cities that currently have single-family rental communities and presented details on the amenities that would be included in the home rental. Mr. Peterson also reviewed the history of the project along with the advantages to the renters. He answered questions from Council. City Planner Brixius provided information on proposed site and details from the Planning Commission's discussion. Mr. Brixius also discussed options that the City may take into consideration regarding the proposed project which included no change in the zoning and the project would not go forward, to move ahead with the 50 feet wide lot concept plan with conditions or to move ahead with the single-family rental concept by increasing the minimum lot size to 60-foot lot width and 120-foot lot depths. He answered questions from Council. City Administrator Nafstad and City Attorney Couri answered questions from Council. There was Council discussion regarding the single-family rental community concept plan, the proposed lot sizes and possible traffic concerns. City Council Meeting Draft Minutes Page 3 Regular Meeting of October 19, 2020 1. Gonyea/Watermark Properties — Single Family Concept Plan - continued Mr. Peterson said that they would take all of the comments into consideration and refine their concept plan and added that they may apply in the future. 2. 2030 Vision Study City Planner Brixius said staff would like direction on recent requests received by City for changes in zoning for sites that have not been guided for the developer's proposed use. He provided the history of the 2030 Vision Study and reviewed the specific inquiries that had been received. In addition, he discussed the pros and cons as to whether the proposed land use plan and zoning map should be changed and asked what the City's long-term goals should be for the different areas. He said staff would like to schedule a joint meeting with the City Council and Planning Commission. City Administrator Nafstad said a joint meeting of the City Council and Planning Commission was approved on tonight's Consent Agenda for November 12 at 6 pm. There was Council Discussion regarding the 2030 Vision Study, the Land Use Plan and the recent inquiries that the City has received. Council asked staff to also reach out to neighboring cities regarding land uses that abuts their communities. D. Fire E. City Clerk 1. Approve Proposal for the City's Website Redesign and Implementation City Clerk Luedke presented the staff report and answered questions from Council. City Administrator Nafstad answered questions from Council regarding the proposal and some of the features of the new website redesign. City Attorney Couri said he would like to review the Granicus proposal before it was signed. The was Council discussion regarding the current website and the proposed new website design and implementation process. Motion made by Mayor Hendrickson, seconded by Councilmember Hudson to approve the proposal from Granicus for the City's Website Redesign and Implementation in the amount of $15,000 with the 6 years of maintenance, hosting and licensing fee contingent upon City Attorney approval. Ayes: Cocking, Hendrickson, Hudson and Olson. Nays: None. Absentee: Halting. The motion carried F. Public Works/Engineering — None G. Building — None H. Legal 1. Discuss Disturbance over the Weekend Councilmember Hudson asked City Administrator Nafstad to summarize feedback received by the City regarding the March that had happened. Mr. Nafstad provided details on the feedback he had received. City Council Meeting Draft Minutes Page 4 Regular Meeting of October 19, 2020 1. Discuss Disturbance over the Weekend - continued He said the city was not aware the event was going to take place and noted others have called inquiring about obtaining a special event permit for outdoor events. City Administrator Nafstad answered questions from Council. The Sheriff Deputy who was present said he was not working on the day but said he was told that the sheriff's department wanted to create a safe environment and to keep the event as peaceful as possible. He answered questions from Council. There was Council discussion regarding the March, whether a special event permit should have been required and traffic concerns. Council directed staff to invite Wright County Sheriff Deringer to an upcoming Council meeting to discuss issues regarding future events. City Attorney Couri answered questions from Council regarding first amendment rights, traffic management and details as to if a special event permit may have been required for an event. I. Administration 1. City Administrator's Update City Administration Nafstad said the Governor's bonding bill had passed which included funds for the waste water treatment plant project. He also provided an update on other projects in the City. City Clerk Luedke provided an update on the upcoming General Election including information on absentee voting. Announcements and/or Upcoming Meetings Oct. 26 Joint Powers Water Board, 6 pm Parks Committee, 7 pm Nov. 2 City Council, 7 pm Nov. 9 STMA Arena Board, 6 pm. Nov. 10 Planning Commission, 7 pm Nov. 11 City Offices Closed in observance of Veteran's Day Nov. 12 Special City Council meeting, 5:30 pm Nov. 12 Joint Meeting of the City Council and Planning Commission, 6 pm Nov. 16 City Council, 7 pm Nov. 23 Joint Powers Water Board, 6 pm Parks Committee, 7 pm Nov. 24/25 City Offices Closed in observance of Thanksgiving 10. Adjournment Motion by Councilmemher Hudson, second by Mayor Hendrickson to adjourn the meeting at 9:12 pm. Ayes: Cocking, Hendrickson, Hudson and Olson. Nays: None. Absentee: Halling. The motion carried Respectfully submitted, Kristine A. Luedke, City Clerk A\1bertvijje Mayor and Council Request for Action Smolt LWing. Big Ufs. November 2, 2020 SUBJECT: CONSENT - FINANCE— PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, November 2, 2020, payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: Account codes starting with 810 are STMA Arena ExpensesNendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) A\1bertville Mayor and Council Request for Action Smolt LWing. Big Ufs. November 2, 2020 SUBJECT: FINANCE - CARES ACT FUNDING REIMBURSEMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2020-028 approving the CARES Funding City Expense Reimbursement. BACKGROUND: The State is requiring Cities to submit a CARES expenditure report monthly for reimbursable COVID related expenses. The next report is due November 10, 2020, for expenditures from March 1 — October 31, 2020. Both the state and LMC are recommending this be done via Council resolution. The attached resolution outlines these reimbursable expenditures. The total cost to date for approval is $527,561.27 (of which $353,763.87 was approved at previous meetings) of the $563,922 in coronavirus relief funds (CRF) the City received from the CARES Act. Council is approving the additional $173,797.40. The attached eligible expenses are all the expensed to date due to the reclassification for reporting changes. KEY ISSUES: • The three-part test that the City Council must consider when authorizing use of the funds are: o Is the expenditure necessary to plan, respond, protect against COVID- l 9? o Is the expenditure not accounted for in the most recently approved budget as of March 27, 2020 or substantially different use from any expected use of funds in such a line item, allotment or allocation? o Is the expenditure incurred and paid for between March 1, 2020-November 15, 2020 (with the exceptions of payroll incurred through November 151h with a pay date after November 15, 2020 and/or purchase of qualifying items that were expected to be received and paid for by November 15, 2020, but have been delayed due to supply chain)? FINANCIAL CONSIDERATIONS: City staff and been tracking COVID related expenses that are eligible. LEGAL CONSIDERATIONS: None Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachments: Resolution 2020-028 List of CARES Funding reimbursable expenses CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2020-028 RESOLUTION APPROVING CARES FUNDING CITY EXPENSE REIMBURSMENT WHEREAS, The City of Albertville has received $563,922 in coronavirus relief funds (CRF) under the Coronavirus Aid, Relief and Economic Security Act (CARES Act); and WHEREAS, The Cares Act provides that payments from the fund may only be used to cover cost that: Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) Were not accounted for in the budget most recently approved as of March 27, 2020; and, Were incurred during the period that begins on March 1, 2020 and ends November 15, 2020. (The CARES Act has a deadline of December 30, 2020; however the state is allowed to implement an earlier date. The State of Minnesota has chosen to implement November 15, 2020 as the ending date for incurring expenses). and WHEREAS, the City of Albertville has expended an additional $173,797.40 in eligible reimbursable CARES Act funds including unbudgeted purchased PPE supplies (i.e. sanitizer, masks, plexiglass, etc.), hourly staffing time for CRF Funds administration and for COVID items like paid COVID administrative leave, telework equipment, election public health safety items, re-entry plan and supplies and other eligible items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA: that the City Council of the City of Albertville finds and hereby approves such expenditures as eligible for CARES funds reimbursement to the City and directs the Finance Director to process and report such reimbursement in the amount of $173,797.40. Adopted by the City Council of the City of Albertville this 2nd day of November 2020. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk 0 o rri m uui Om o o c v �D r, �o of Ln r, o o N� O i q �--i C C o N rl1 to Ln ul m rl m N N M N i ). iR V} v" if} ID n O O O lD O O O O lD L O O O Ill 00 O o V I� la I, n IIl c-I O O m LD v = N� m to Ill m c 4/T C 0 C N m " 0 N U ci N -v} t/? V" t/1 c-I lD i/). 3 O_ o o m m W m h O m h m c-I N c-I a -I tf? V). llT In U) V). 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Mayor and Council Request for Action ovember 2, 2020 SUBJECT: PLANNING - TOWNE LAKES LOT 1 BLOCK 5 LOT MINOR SUBDIVISION/MINOR PUD AMENDMENT/EASEMENT VACATION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Amendment to Master Planned Unit Development Agreement, Towne Lakes. MOTION TO: Adopt Resolution 2020-029 approving the subdivision of Lot 1 Block 2 into two new single-family lots and a Minor PUD amendment bringing the new parcels into the Towne Lakes PUD and HOA MOTION TO: Adopt Resolution 2020-030 approving the Vacation of an easement in Lot 1, Block 5, Towne Lakes addition BACKGROUND: Lot 1 Block 5 Towne Lakes Addition was originally platted to contain the sales office for the Towne Lake Subdivision, with the intent that this lot would be subdivided once the sales office was no longer needed. The lot owner Peter Scherer wishes to divide the lot into two single family lots consistent with the balance of the Towne Lake neighborhood. To accommodate the property owner's request the following approvals are needed. • Vacation of an existing utility easement that extends into the Lot 1 Block 5 Towne Lakes Addition. Approval of the minor subdivision dividing the lot into two single family lots. Approval of the PUD amendment requiring the new lot to be part of the Town Lake PUD and HOA and governed by the terms and conditions of the HOA and PUD agreements. Modification of the original Towne Lakes Developer's agreement which slated this lot for use as a community center and required that it be deeded to the HOA. Lot 1, Block 5 currently contains a parking lot that holds 8 cars. It is not clear why that parking lot was built (perhaps for the sales office that was originally supposed to be constructed on the lot?). For a number of years now it has been used as the unofficial parking lot for the park located across the street. With the subdivision of this lot, that parking lot will be removed so that a single family home can be built on the north half of the lot. The Towne Lakes I" Addition developer's agreement did not require a parking lot to be constructed in the park, but instead called for a parking lot, tennis court, volleyball court, and/or additional playground equipment to be installed in the park in the future if requested by the homeowners pursuant to a survey of the HOA's residents that would be taken after 100 homes had been constructed. If the residents wanted any of these amenities, the HOA and the Developer would each pay half of the cost of such amenities. Mayor and Council Request for Action — November 2, 2020 Towne Lakes Lot 1 Block 5 Lot Split Page 2 of 3 About the time the survey should have been taken, the Developer became insolvent and went out of business. The HOA has confirmed that the survey was never taken, and no parking lot has ever been built in the park. The HOA has indicated that it is not in favor of the construction of a parking lot in the park. KEY ISSUES: • City Staff recommend approval of the Easement Vacation as described in Exhibit E. This easement does not contain any municipal utilities and no longer holds any public purpose. • The proposed new lots will have the following lot area and width dimensions. Lot Area Lot Width North Lot 13,375 sq. ft. 107 feet South Lot 22,600 sq. ft. 110 feet Both of the new lots exceed the minimum lot areas and widths within the Towne Lake PUD. • A condition of subdivision approval will be the dedication of a ten foot drainage and utility easement centered over the shared lot line of the two new lots. • The lots will be required to become members of the Towne Lakes HOA and abide by the HOA rules and standards pertaining to house design and setbacks. • The survey shows the house locations meet the Towne Lakes PUD setbacks. • Lot 1 Block 5 Towne Lakes addition contains an existing accessory building in its southeast corner serving as an entrance monument for the neighborhood. This community amenity must be placed in an easement that runs to the Towne Lake HOA to allow its continued location and insure its long-term maintenance by the HOA. • The Amendment to the Developer's Agreement removes the requirement that the lot be used as a community center, removes the requirement that it be deeded to the HOA, brings the lots under the same use restrictions as the other lots in the first addition, and preserves an easement for the maintenance of the existing accessory building by the HOA. POLICY/PRACTICES CONSIDERATIONS: The Albertville Subdivision ordinance allows for an administrative subdivision for dividing an existing lot of record into two lots. This application is coming before the City Council due to the need to vacate an easement within the lot split and the need to bring the newly created lots into the Towne Lakes PUD and HOA. FINANCIAL CONSIDERATIONS: None LEGAL CONSIDERATIONS: The new lots must be included in the Towne Lakes PUD and HOA for uniform application of the zoning and architectural standards, be relieved of the obligation to construct a community center on Lot 1, and bring the lot under same use restrictions as all of the other lots in the 15T Addition of Town Lakes. Mayor and Council Request for Action — November 2, 2020 Towne Lakes Lot 1 Block 5 Lot Split Page 3 of 3 Department/Responsible Person: Alan Brixius/Planning Submitted Through: Adam Nafstad, City Administrator-PWD Exhibits: Exhibit A: Resolution approving the administrative subdivision/PUD amendment Exhibit B: Aerial photo Exhibit C: Certificate of Survey Exhibit D: Resolution for Easement Vacation Exhibit E: Legal description of the Easement Vacation. Exhibit F: Amendment to Master Planned Unit Development Agreement, Towne Lakes CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2020-029 RESOLUTION APPROVING AN ADMINISTRATIVE LOT SPLIT AND PUD AMENDMENT FOR LOT 1, BLOCK 5, TOWNE LAKES ADDITION WITHIN THE CITY OF ALBERTVILLE WHEREAS, City Staff as received an application for an administrative subdivision and an PUD amendment to split Lot 1, Block 5 into two single family lots; and WHEREAS, City Staff has reviewed the lot split and PUD amendment and find them to be consistent with the lot area, lot width and setbacks of the Towne Lake Addition PUD approvals as noted in the Request for Council Action dated October 27, 2020; and WHEREAS, the Albertville City Council met on November 2, 2020 to consider the Administrative lot split, PUD amendment and easement vacation. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the Administrative Subdivision and PUD amendment to split Lot 1, Block 5 into two single family lot per plans dated 12/08/2001 with the following conditions: 1. The City approval of the existing utility easement within Lotl Block 5, Towne Lakes Addition 2. The applicant shall provide a ten foot drainage and utility easement centered over the shared lot lines of the new lots. 3. Both of the newly created lots shall become part of the Towne Lakes PUD and HOA. 4. The Applicant shall provide an easement over the existing Community out building at the south east corner of Parcel B, for its continued location the newly created lot and its on- going, long-term maintenance. 5. The Applicant shall provide the legal descriptions of both parcels along with the certificate of survey 6. This resolution shall be forwarded to the county as evidence of city approval of the lot split for recording purposes. Adopted by the Albertville City Council this 2nd Day of November, 2020. Jillian Hendrickson, Mayor Attest: Kristine A. Luedke, City Clerk EXHIBIT A 0, Beacon T'0 Wright County, MN Overview Legend Roads — CSAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate — State Hwy US Hwy City/Township Limits ❑ c ❑t QParcels Parcel ID 101083005010 Alternate ID n/a Owner Address 940173RD AVE N STE 400 SeclTwp/Rng 36-121-024 Class 206- RES 1-3 UNITS BROOKLYN PARK, MN 55428 Property Address Acreage n/a District 0101 CITY OF ALBERTVILLE 728 Brief Tax Description Sect-36Twp-121 Range-024TOWNE LAKES Lot-001 Block-005 (Note: Not to be used on legal documents) Date created: 9/29/2020 Last Data Uploaded: 9/29/2020 4:11:06 AM Developed by" Schneider GEOSPATIAL EXHIBIT B CER T/F/CA TE OF S UR VE Y SUBDIVISI ION MARKUP i f95zso) I BYC ESD I -- N87014'01 "E 1331 -------- 10/08/2020 L- snSJ 106.40 — — — — — — — iI--------- ITI , O Drainage and I Utility Easement I ' s Drolno a and q I I Utility aseme t 1 to b (9 .90) 3 44 'PROPOSED I " ` I EXISTING PARCEL A I EASEMENT TO J II BE VACATED PROPOSED ~ I HOUSE 3 I rI VVV �Shore Line's 1 ICURB 1 I+•* 11�. � a�. &CUTTER SCH0LOT Q� LAKE / 1 / PROPOSED i PARCEL B \\ \ \ I I PROPOSED HOUSE 0�\\ 1 I \`\�• (95 J /YqT ON. I x J fi $ ODE FEET YARD SETBACKS = 5/10 OUTL O T D Y / �� / TOTAL = 15 'FEET � FRONT YARD SETBACK = 15 FEET � / REAR YARD SETBACK = 25145 FEET LAKESHORE / r V Lof Lt Gh1aAE8CRfflR lW� LAKES, Denotes surfoce drainage according to the recorded Plot thereof 441.E Denotes sanitary service invert Wright County, Minnesota. (869.7) Denotes proposed elevation • Scale: 1 "- 30feef REQUESTED BY.• • Denotes iron monument found O Denotes iron monument set CPDC Bearings based on assumed da(um. . Westwood Professional Services, Inc. 1 hereby certify that this survey rvos prepared by me or under my direct supervision and that 7599 Anagram Drive ` Eden Prairie, MN 55344 ( om a duly Licensed Land Surveyor under the I Phone: 952/937-5150 Fax: 9521937-5922 laves of the Slate of Minnesota. Martin J Weber, R.L.S. Dote License No. 12043 Drown by. RLH Date: 12/18/01 Job No:99360 ClV-11C511 L; CITY OF ALBERTVILLE WRIGHT COUNTY STATE OF MINNESOTA RESOLUTION NO. 2020-030 RESOLUTION APPROVING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT ON LOT 1, BLOCK 5 TOWNE LAKES ADDITION WITHIN THE CITY OF ALBERTVILLE WHEREAS, the City Council, pursuant to a petition submitted to it by Peter Scherer under Minnesota Statute §412.851, did hold a public hearing on November 2, 2020 at 7 p.m. at the Albertville City Hall. At said time and place the City Council heard all interested parties on whether to vacate a drainage and utility easement described in exhibit A of this resolution; and WHEREAS, all notice requirements of Minnesota Statute §412.851 have been satisfied; and WHEREAS, the City Council finds and determines that it is in the public interest to vacate those portions of the drainage and utility easements described below as such easements are no longer required by the City. NOW THEREFORE BE IT RESOLVED that the City Council of City of Albertville, Wright County, Minnesota does hereby order as follows: That the following drainage and utility easements described in exhibit A of this resolution is hereby vacated: The City Clerk is directed to file a certified copy of this Order in the records of the City and a "Notice of Completion of Proceeding" with the Office of the Wright County Auditor and Recorder. Adopted by the Albertville City Council this 2"d Day of November, 2020. Jillian Hendrickson, Mayor Attest: Kristine A. Luedke, City Clerk EASEMENT VACATION EXHIBIT TOWNE LAKES, WRIGHT COUNTY, MN NORTHEAST CORNER OF LOT 1, BLOCK 5- Ln --------� II 10 ----DRAINAGE AND EASEMENT—-' UTILITY EASEMENT—� I ' 1 I s �I � i P h U OVPN O � I OOo'V j(o m A�\� WI I \� 1 Sqs\iy ^0 0 I w I DRAINAGE AND UTILITY EASEMENT TO BE VACATED I w I N 64'11'01" W_rt_; J 10.90 I I O h' Z 110 Q� I LOT 1 O,cJ i i I BLOCK 5 I I , I I I DRAINAGE AND (' --UTILITY EASEMENT 40 <9tio L Gay 0 J0 60 90 GRAPHIC SCALE IN FEET I z I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a Licensed Land Surveyor under the laws of the State of Minnesota. Date 10/21/2020 Abram A. Niemela License No. 48664 DATE: 10/21/2020 DRAWN BY: TCM FILE NO. 20481 SHEET 1 OF 2 SHEETS NALand Protects\20481 - Ll B5 Towne Lakes\dwq\20481.dwq EXHIBIT E EASEMENT TO BE VACATED Vacate the drainage and utility easement dedicated on the plat of Towne Lakes, according to the recorded plat thereof, Wright County, Minnesota, lying 10.00 feet on each side of the following described line: Commencing at the northeast corner of Lot 1, Block 5 of said Towne Lakes, thence southerly, along the east line of said Lot 1, Block 5, along a curve concave to the west, having a radius of 852.99 feet and a central angle of 5 degrees 14 minutes 21 seconds, a distance of 78.00 feet, the chord of said curve bears South 00 degrees 08 minutes 32 seconds East, plat bearing, distant 77.97 feet; thence North 64 degrees 11 minutes 01 second West a distance of 10.90 feet to the west line of the east 10.00 feet of said Lot 1, Block 5 and the point of beginning of the line being described; thence continue North 64 degrees 11 minutes 01 second West a distance of 50.60 feet and terminating thereat. The side lines of said easement vacation shall be lengthened or shortened to terminate at said west line of the east 10.00 feet of said Lot 1, Block 5. EXHIBIT E CITY OF ALBERTVILLE AMENDMENT TO MASTER PLANNED UNIT DEVELOPMENT AGREEMENT TOWNE LAKES WHEREAS, the City of Albertville ("City"), a Minnesota municipal corporation, and Contractor Property Developers Company entered into an Agreement titled "Master Planned Unit Development Agreement Towne Lakes" ("Developer's Agreement") dated August 6, 2001 and recorded as document number 756748 at the Wright County Recorder's Office, Wright County, Minnesota; and WHEREAS, the Developer's Agreement regulated the uses of Lot 1, Block 5 of Town Lakes ("Lot 1"); and WHEREAS, Contractor Property Developers Company has transferred ownership of Lot 1 to Scherer Bros Lumber Company ("Scherer"); and WHEREAS, Scherer has requested that the City change the regulations affecting Lot 1; and WHEREAS, Scherer and the City now desire to modify the Developer's Agreement as it pertains to Lot 1; and WHEREAS, the Towne Lakes Community Association ("Association") has been established and has an interest in Lot 1 under the Developer's Agreement and is a party to this Agreement. NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Paragraph LT of the Developer's Agreement is hereby deleted. 2. Scherer shall pay the cost of moving the dock that is currently moored at Lot 1 to a location owned or managed by the Association on the same lake that the dock is currently 1 located on. The Association shall determine the location to which the dock is to be moved. Scherer shall cooperate with the Association in moving said dock. 3. Any buildings constructed on Lot 1 shall be compliant with all Association regulations, including those of the Town Lakes Master Architectural Control Committee. 4. Lot 1 shall be governed by the restrictions set forth in paragraphs 1.A., 1.L, 1.V., 1.X. and I.Y. of the Developer's Agreement. 5. Scherer agrees to pay the City's expenses, including planner's fees and attorney's fees related to the change of use of Lot 1 set forth herein and the preparation of this Amendment. 6. Scherer hereby grants and easement to the Association to keep and maintain the Association outbuilding currently on Lot 1, said easement to remain in place for so long as the Association maintains said outbuilding on Lot 1, including such reasonable time as necessary to replace said building in the event it is destroyed by fire or other hazard. 7. The Association acknowledges that the parking lot currently existing on Lot 1 may be removed by Scherer, and further acknowledges that the City may seek to construct a parking lot in the future on the park property abutting East Laketown Drive and West Laketown Drive. 8. Except as specifically altered by this Amendment, the terms of the Developer's Agreement, shall remain in full force and effect for the properties in Towne Lakes 6th Addition. 9. This Agreement shall bind the heirs and successors of Scherer. Dated this day of , 2020. CITY OF ALBERTVILLE, Jillian Hendrickson, Mayor Kristine Luedke, Clerk 2 SCHERER BROS LUMBER COMPANY By Its: TOWNE LAKES COMMUNITY ASSOCIATION By Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of November, 2020 by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of November, 2020, by Kristine Luedke, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public 3 STATE OF MINNESOTA ) ss. COUNTY OF The foregoing instrument was acknowledged before me this , 2020, by , the Bros. Lumber Company. STATE OF MINNESOTA ) ss. COUNTY OF Notary Public The foregoing instrument was acknowledged before me this , 2020, by , the Lakes Community Association. DRAFTED BY: Couri & Ruppe P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 763)497-1930 Notary Public day of of Scherer day of of the Town 0 Nlbertville sm" T... wkeR� ft city ut- Mayor and Council Request for Action November 2, 2020 SUBJECT: PUBLIC WORKS— CENTRAL PARK SKATE PARK RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Direct staff to contract for Skate Park design and construction through cooperative purchase with Spohn Ranch, Inc. in the amount of $150,000. INFORMATION: The Albertville Parks Committee is recommending the attached skate park concept be pursued. Staff has researched design and construction options and believes it is in the city's best interest to contract through a cooperative purchase agreement. Attached is the draft cooperative purchase contract through Sourcewell for Spohn Ranch, Inc. to design, engineer, and construct the skate park as shown in the attached renderings. KEY ISSUES: • Contract is subject to review and approval by the City Attorney • The project will commence in the spring • The project is consistent with the master park plan • Albertville has contracted for other park related improvements through Sourcewell contracts, all which have gone well • Sourcewell was formally known as National Joint Powers Contracting FINANCIAL CONSIDERATIONS: The amount of the contract is $150,000 and 20% is due upon mobilization to the site. The project will be funded through capital reserve accounts. LEGAL CONSIDERATIONS: The City has the authority to contract for goods and services through approved cooperative purchase programs such as Sourewell. Submitted through: Adam Nafstad, City Administrator-PWD Attached: Cooperative Purchase Contract and Concept Renderings FrAhsSPOHN .-Z RANCH S KA LE PARKS SOURCEWELL PRICE PROPOSAL SOURCEWELL CONTRACT #030117-SRI SOURCEWELL MEMBER #87350 LIONS PARK SKATEPARK - CITY OF ALBERTVILLE, MN OCTOBER 16, 2020 SPOHN RANCH TO PROVIDE: DESIGN. BUILD. COME TOGETHER. Labor, materials and equipment as follows for the scope of work detailed in the 100% Construction Documents and per Spohn Ranch's competitively -solicited Sourcewell Contract #030117-SRI: • Construction documents sealed by MN -licensed structural engineer • Fine grading within skatepark footprint • Supply and install base course within skatepark footprint • Supply and install steel grind rails, guard rails, pans, coping and edge protection within skatepark footprint • Supply and install Custom Rock Formliner for concrete turndown wall within skatepark footprint • Form, reinforce, place and finish concrete/shotcrete within skatepark footprint • Jointing and sealing within skatepark footprint • Performance and payment bonds TOTAL SOURCEWELL PRICE: $150,000.00 EXCLUSIONS: • Prevailing wage • Union labor requirements • 3rd party testing/inspections • Permit fees • Taxes other than payroll taxes • Any work not expressly described in Spohn's scope of work CLIENT TO PROVIDE / PROVIDED BY OTHERS: Spohn requires the following to be provided by the Client or another third party. Spohn's proposal is expressly conditioned upon the following assumptions and any variance voids the quote. Spohn will not indemnify or accept any risk of loss related to the items set forth below. • Construction fencing and site security • Construction entrance and unobstructed site access to skatepark footprint suitable for concrete trucks to chute deliver ready mix concrete • Construction staking SPOHN RANCH, INC. I P 626-330-5803 1 F 626-330-5503 1 W SPOHNRANCH.COM E INFO@SPOHNRANCH.COM 1 6824 S CENTINELA AVE. LOS ANGELES, CA 90230 FrAhsSPOHN .-Z RANCH S KA LE PARKS DESIGN. BUILD. COME TOGETHER. • Temporary access to restroom, water source, power source and dumpster within 150' of skatepark footprint • Erosion and sediment control • Clearing, grubbing and demolition • Compacted rough grade to +/- .1' of skatepark subgrade elevations • Paving outside of skatepark footprint including access pathways and spectator seating area • Spectator benches and picnic table • Landscaping, topsoil and site restoration • Balance of work not expressly described in Spohn's scope of work TERMS & CONDITIONS; The following terms are expressly part of this proposal and any subsequent agreement between Client and Spohn similarly shall incorporate these terms. In the event that no further contract is entered into, the terms set forth in the proposal shall constitute the entire agreement between the parties. • Acceptance of the work shall be commercially reasonable and expeditious • Failure to object to work within a reasonable time shall constitute deemed acceptance • Spohn shall have approval rights as to any initial project schedule, and all subsequent schedule changes • Spohn shall accept no risk of loss outside of its direct control • All discretion attributed to Client in any contract shall be subject to commercial reasonableness standard • Spohn shall not indemnify Client for losses not proximately and solely caused by Spohn • Spohn must approve any material increases in scope in writing including agreeing to an equitable adjustment of contract price and time changes in scope in writing • All modifications, waivers, alterations to be charged against Spohn must be written and signed by Spohn's authorized representative • Any increase in the price of raw materials anticipated to be used in Spohn's scope greater than ten percent (10%) occurring after execution of this proposal shall constitute a material changed condition necessitating an equitable adjustment to the contract price • The price contained in this proposal is valid for thirty days and may be accepted by issuance of a notice to proceed or any similar instruction whereby Client indicates desire to commence project. The price is further conditioned upon Client's delivery of all items outside Spohn's scope of work upon which Spohn's work may be predicated. • Payment terms — 20% upon mobilization, 40% upon 50% completion of scope of work, 35% upon 100% completion of scope of work, 5% within 30 days of completion of scope of work • Any payments not made according to terms will be considered delinquent and interest will accrue at the rate of 1.5% per month • Spohn shall have the right to cure any alleged default within a reasonable time • Client acknowledges that Spohn is not party to any organized labor agreements. Client agrees that Spohn will not be responsible or liable for any issues, injuries or damages, relating to labor peace, strikes, picketing or otherwise, regardless as to cause. Client agrees that delays related to labor issues shall constitute a contractual delay and entitle Spohn to additional time to perform for the length of the delay, and compensation for any additional costs incurred. These terms are material conditions to Spohn's willingness to provide a proposal to Client. • In the event that other entities affect the site conditions adversely or impede the progress of the work, the Client shall be responsible for any additional costs • Any liability of Spohn which relates to the sale, manufacture, delivery, resale, installation or use of any goods sold by or furnished by Spohn, whether arising out of contract, negligence, strict tort, under any warranty or otherwise, shall be limited to Spohn's choice of the following: the repair of the goods; the replacement of the goods; the cancellation of the contract, return of the goods in question to Spohn, and Spohn's refund of the purchase price • In no event shall Spohn's liability exceed the price of the specific goods upon which the liability is based • In addition, Spohn shall not, under any circumstances, be responsible for special, consequential, or incidental damages such as, but not limited to, damage to or loss of other property; loss of profit, revenue or reputation; loss of capital; loss of purchased or replaced goods; or claims for delays, back charges, or loss of use • Spohn reserves the right to makes any corrections as necessary to typographic errors • In the event of any action, suit, arbitration, or other proceeding of any nature is brought in connection with the payment terms related to these Terms and Conditions, any related agreement, or Spohn's provision of goods, services, products, or to recover any of Spohn's property ("Dispute"), the prevailing party shall be entitled to recover its reasonable attorney's fees, expert -witness fees, other litigation costs and fees (e.g., deposition costs, trial preparation costs, etc.), and other costs and expenses of suit, judgment or award Any Dispute including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by the American Arbitration Association (AAA) pursuant to its Commercial Rules or by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid SPOHN RANCH, INC. I P 626-330-5803 1 F 626-330-5503 1 W SPOHNRANCH.COM E INFO@SPOHNRANCH.COM 1 6824 S CENTINELA AVE. LOS ANGELES, CA 90230 FrAhsSPOHN .-Z RANCH S KA LE PARKS DESIGN. BUILD. COME TOGETHER. of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the Award, allocate costs, reasonable attorney's fees, expert - witness fees, other litigation fees and expenses including the costs of arbitration to the prevailing party in accordance with the Attorney's Fees provision. Judgment on any arbitration award may be entered by any court of competent jurisdiction. • These Terms and Conditions are necessarily incorporated by reference into any other related agreement; Client agrees that Iowa law shall govern the relationship between the Client and Spohn to the fullest extent of applicable law including enforcement of any part of these Terms and Conditions or any other related agreement between or among Client and Spohn. • Each Term and/or Condition herein is severable in the event one or more provisions are unenforceable for any reason SPOHN RANCH, INC. I P 626-330-5803 1 F 626-330-5503 1 W SPOHNRANCH.COM E INFO@SPOHNRANCH.COM 1 6824 S CENTINELA AVE. LOS ANGELES, CA 90230 Fras.SPOHN .-Z- RANCH S KA LE PARKS SOURCEWELL PRICE PROPOSAL SOURCEWELL CONTRACT #030117-SRI SOURCEWELL MEMBER #87350 LIONS PARK SKATEPARK - CITY OF ALBERTVILLE, MN PROPOSAL VALID FOR 30 DAYS FROM OCTOBER 16, 2020 DESIGN. BUILD. COME TOGETHER. I AUTHORIZE THE PURCHASE OF THE PRODUCTS AND SERVICES FROM SPOHN RANCH INCLUDED IN THIS PROPOSAL ACCORDING TO THE SPECIFIED TERMS AND CONDITIONS. SOLD TO: CONTACT: TELEPHONE: E-MAIL: SPOHN RANCH REPRESENTATIVE: SHIP TO: CONTACT: TELEPHONE: E-MAIL: PURCHASE AUTHORIZED BY: DATE: SPOHN RANCH, INC. I P 626-330-5803 1 F 626-330-5503 1 W SPOHNRANCH.COM E INFO@SPOHNRANCH.COM 1 6824 S CENTINELA AVE. LOS ANGELES, CA 90230 N ZSx xU: Ozw a¢: vna�: 1 v Z-- 0 oz- Z- VVII A 9 4 I r4" I A\Ibc tvijlie City Administrator's Update Small Town living. Big City We. November 2, 2020 GENERAL ADMINISTRATION November 12 Canvasing Meeting and Joint Workshop: Council will meet at 5:30 on Nov 12 to canvas the election results. A joint Council — Planning Commission workshop will follow at 6:00. Workshop with the Sheriff: Council will need to decide what date and time works to hold a workshop with the Wright County Sheriff's Department. Bonding Bill: Albertville's WWTP Improvement project was included in the bonding bill for $2,500,000. Staff will be reviewing final design and construction schedule requirements and funding options. Absentee Direct Balloting: Direct balloting began on Tuesday, October 27 and will be available through Monday, November 2 including this Saturday, October 31 from 10 am to 3 pm. The City has had over 370 voters come into City Hall for in -person direct balloting since Tuesday. Absentee Ballot Requests Update: The high turnout for absentee ballot requests continues. Wright County reports that as of October 23, 29,100 absentee requests have been received County -wide. As of October 29, Albertville has received over 2,150 requests and with over 1,700 voters having already returned their completed absentee ballots. Website Rebuild: The contract with Granicus has been executed and work on the website will begin soon. We expect to launch the new website late-spring/early summer of 2021. COVID: Calls, questions, and complaints regarding COVID related issues is consuming a lot of staff time and the City is working to address the issues to the best of our abilities. HVAC Improvements: Staff has received quotes for HVAC ionization systems for City Hall and the Fire Hall. Weidners submitted the lowest quote in the amount of $8,395. Unless Council desires otherwise, staff will proceed with the work with Weidners as part for the City's CARE's plan. STMA Arena: Staff is working on live streaming options for the STMA ice arena. ENGINEERING/PUBLIC WORKS Public Works: Beginning Monday public works crews will be on winter hours, 7:30 to 4:00 Monday thru Friday. Utility Vehicle: Public Works is researching utility vehicle options to assist with snow removal on trails and works. I expect to have a quote for a Bobcat Toolcat or equivalent at the next meeting. BNSF Quite Zone Study: We are working the preliminary engineering report to present at a future meeting. 1-94 Project: Staff continues to work with MnDOT on a number of drainage and utility relocating items. 58t" Street NE and Central Park Improvements: The Contractor will be paving the final lift in the coming days. Public Works planted trees in and around the new park entrance and is working on running electricity to the center of the entrance island. All remaining work will be completed in the spring. The skate park contract for spring construction is included as an agenda item. CSAH 19 and 70t" Street: Construction and landscaping is generally complete for the year. Final restoration and punchlist related work will be completed in the spring. City Administrator's Update Page 2 of 2 October 1, 2020