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2021-08-16 City Council Agenda Packet
A,lbertville City of Albertville Council Agenda Small Wing.Big City We. Monday,August 16, 2021 City Council Chambers 7pm 6 pm — Council Workshop for 2022 Preliminary Budget— Council Chambers 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 Peres 3. Recognitions—Presentations -Introductions A. Introduction of new Albertville Royalty Court 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 August 2, 2021, Council Workshop minutes as presented. 3-4 B. Approve the August 2, 2021, regular City Council Meeting minutes as presented. 5-9 C. Authorize the Monday, August 16, 2021, payment of claims as presented, except bills 10 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. D. Approve Pay Estimate No. 1 to Knive River for the 2021 Street Improvements in the amount of$539,543.10. E. Approve the Memorandum of Understanding between Wright County and the City of 11-12 Albertville for the Purchase of Salt for the 2021-2022 Snow and Ice Removal Season at a cost of$82.05 per ton. F. Approve a Major Outdoor Music Permit for the Villa Bar and Grill for August 28 and 13-15 October 2, 2021 located at 11935 59th Place NE. G. Authorize the purchase and installation of the Delta EnteliWEB for controlling and 16 monitoring the Albertville City Hall HVAC system for a total purchase amount not-to- exceed $5,800 includes software, install and license. 7. Public Hearing A. Integrate Properties LLC Vacation Utility Easement Application 17-23 • Mayor to open the public hearing. • Motion to close the public hearing. (Motion to adopt Resolution No. 2021-034 to vacate a portion of a utility easement legally described in Exhibit A) City of Albertville City Council Agenda Monday, August 16, 2021 Page 2 of 2 8. Wright County Sheriff's Office— Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc) B. Building -None C. City Clerk 1. Set Truth in Taxation Hearing (Motion to set the Truth in Taxation Hearing for the 2022 Levy for Monday, December 6, 2021 at 6:15 pm in the Albertville Council Chambers) D. Finance 1. Approve Driveway Improvement Assessment 24-25 (Motion to approve Driveway Replacement Contract for property owner Christopher Cline located at 10485 Karston Avenue NE, Albertville, AN 55301) E. Fire -None F. Planning and Zoning -None G. Public Works/Engineering 1. Traffic Study for the Preserve at Albertville 26-41 H. Legal 1. Revisions to AVA Development Agreement 42-72 (Motion to approve changes to AVA Developer's Agreement as presented and approve the Mortgage Subordination Agreement as presented.) L Administration 1. City Survey Discussion 73 2. City Administrator's Update 74-75 10. Announcements and/or Upcoming Meetings August 23 Joint Powers Water Board, 6 pm Parks Committee, 7 pm August 30 Joint Governance Meeting, 6 pm September 6 City Hall closed in observance of Labor Day September 7 City Council, 7 pm (Wednesday) September 13 STMA Arena Board, 6 pm September 14 Planning Commission, 7 pm September 20 City Council, 7 pm 11. Adjournment Alboertville 9 i9 Cfty ALBERTVILLE CITY COUNCIL WORKSHOP DRAFT MINUTES August 2, 2021 —6 pm Council Chambers Albertville City Hall 1. Call to Order Acting Mayor Olson called the workshop to order at 6:01 pm. Present: Acting Mayor Olson Councilmembers Cocking, Hudson and Zagorski. Mayor Hendrickson arrived at 6:15 pm. Staff Present: City Administrator Nafstad, Chief Bullen, Finance Director Lannes and City Clerk Luedke. 2. Draft 2022 Preliminary Budget • Fire Relief Finance Director Lannes introduced the item and reviewed the Fire Relief Fund balance. Fire Relief President Asleson provided information on the Fire Relief's financial portfolio which included the history of their investments. He said that the Fire Relief Association was requesting a $500 increase for year 2022. He answered questions from Council regarding past increases, the Relief's projected assets and when members were fully vested in the program. Chief Bullen provided additional information on Fire Relief Association and answered questions from Council. Finance Director Lannes answered questions from Council regarding the requested increase, the current Fire Relief Fund balance and said that the requested increase has been added to the draft 2022 preliminary budget. City Administrator Nafstad answered questions from Council and said no action was required at this time and said the Fire Relief Association would submit a formal request to the Council for approval before the end of the year. • Capital Reserves Finance Director Lannes reviewed the Capital Reserve balances and answered questions from Council. City Administrator provided additional information on the balances and answered questions from Council. • Building Department Contract City Administrator Nafstad provided details on the building department contract that Albertville has with the City of St. Michael. He explained the formula used to calculate the City's fees,what the fees were used for and the pros and cons of the contract. He answered questions from Council. Agenda Page 3 City Council Workshop Draft Minutes Page 2 Meeting of August 2,2021 • Staffing (Salaries,Longevity,HCSP) City Administrator Nafstad said the Personnel Committee recently met to discuss staffing items. He said per a 2021 salary survey of comparative and surrounding cities that Albertville's wages were generally less then the average of the comparative cities. Mr.Nafstad said that 14 of the 19 staff positions would require an increase to bring the positions in line with the comparative cities. He said he would like to adjust the salary scales based on the employee's performance over the next two year and added he would be meeting with the Personnel Committee again to discuss a possible plan. He also explained the proposed longevity policy and employee's Health Care Saving Plan employee and employer contribution adjustments. He answered questions from Council. Finance Director Lannes stated the proposed staffing items have been added to the proposed draft 2022 preliminary budget. • Review of the Street and Public Works Equipment Capital Improvement Plans will be brought back to the August 16 Council Workshop meeting for discussion. 3. Adjournment Mayor Hendrickson closed the budget workshop at 6:59 pm. Respectfully submitted, Kristine A. Luedke, City Clerk Agenda Page 4 lb£rtvill Sn-1 Town Wing.ft Oty Ws. ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES August 2, 2021 —7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7:01pm. 2. Pledge of Allegiance— Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Hudson, Olson and Zagorski Staff Present: City Administrator Nafstad, Chief Bullen, City Attorney Couri, City Planner Brixius, Finance Director Lannes and City Clerk Luedke. 3. Recognitions — Presentations —Introductions —None 4. Public Forum There was no one present for the public forum. 5. Amendments to the Agenda City Administrator Nafstad added an item under the Legal section as H1 entitled AVA Developer Agreement. MOTION made by Councilmember Olson, seconded by Councilmember Cocking to approve the August 2, 2021, agenda as amended. Ayes: Cocking,Hendrickson,Hudson and Zagorski. Nays: None. Absent: Olson. 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 July 19, 2021, Council Workshop minutes as presented. B. Approve the July 19, 2021,regular City Council Meeting minutes as presented. C. Authorize the Monday, August 2, 2021,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. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to approve the August 2, 2021, Consent Agenda as presented. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. 7. Public Hearing—None 8. Wright County Sheriff's Office—Updates,reports, etc. There were no updates from the Wright County Sheriff's Office. Agenda Page 5 City Council Meeting Draft Minutes Page 2 Regular Meeting of August 2,2021 A. Wright County Sheriff's Office Law Enforcement Services Contract for 2022-2023 City Administrator Nafstad presented the staff report and answered questions from Council. MOTION made by Councilmember Hudson, seconded by Councilmember Cocking to approve the Law Enforcement Services Contract with the Wright County Sheriff's Office for January 1, 2022 to December 31, 2023. Ayes: Cocking,Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena,Planning, JPWB,Parks, Fire Board, FYCC) Councilmember Olson provided an update from the FYCC meeting and said that FYCC would have a small budget increase for next year. He also provided an update from the Joint Water Board meeting which included information on their enforcement of this year's water restrictions. City Administrator Nafstad provided an update from the STMA Arena Board meeting which included information on the open staff position at the arena. B. Building—None C. City Clerk 1. Special Event Permit and Temporary Liquor License Application for the Albertville Lions Classic Car Show City Clerk Luedke presented the staff report which included details on the classic car show event and the requested street closures. She answered questions from Council. MOTION made by Councilmember Hudson, seconded by Councilmember Cocking to approve a Special Event Permit and One-Day Temporary Liquor License for the Albertville Lions for their Annual Cruisin' & Rock'n Car Show on September 11, 2021 from 3 pm to 11 pm. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. 2. Consider Amendment to Title 6, Chapter 2,Animal Control Ordinance City Clerk Luedke presented the staff report which included details on the proposed ordinance amendments which would eliminate the dog licensing requirement section and add the dangerous dog enforcement requirements. She answered questions from Council. City Administrator Nafstad provided additional information on the proposed amendments to the current ordinance and answered questions from Council. MOTION made by Councilmember Cocking, seconded by Councilmember Hudson to adopt Ordinance No. 2021-11 amending Title 6, Chapter 2 of the Albertville City Code relating to Animal Control and authorize the publication of a summary ordinance. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. D. Finance—None E. Fire Agenda Page 6 City Council Meeting Draft Minutes Page 3 Regular Meeting of August 2,2021 1. Otsego "Evaluation of and Planning for Future Fire Service Delivery Options" Study Fire Chief Bullen provided background information on Otsego's fire service discussions. He said the City of Otsego contracted a company to complete a study for recommendation for their City's future fire service options. He said that he and the fire chiefs of the cities of Elk River and Rogers met with the City of Otsego and their consultant to discuss the different City's staffing and procedures. He said a future meeting is planned for mid-August. Chief Bullen said the City of Otsego has already started the construction of a new fire station without a plan for future fire service. He added that the Albertville Fire Department could not currently staff the new Otsego fire station and was not sure what the staffing levels would be in two years when the construction was completed. He provided details on the current fire calls the Albertville Fire Department responses to and answered questions from Council. City Administrator Nafstad provided information on the Fire Advisory Committee and answered questions from Council. The was Council discussion regarding the City of Otsego's future fire service options. F. Planning and Zoning 1. Pysk Property—Town Homes/Mixed Use Concept Plans City Planner Brixius presented the staff report which included details on two different concept plans that had been submitted along with the building perspectives and floor plans of the town homes. He said that any actions on the concept plan would not convey any development rights to the applicant. He reviewed the November 2020 Joint Council and Planning meeting and said at the time the consensus was to maintain commercial land use along County Road 19 and to evaluate proposed changes to the City's Land Use Plan on a case by case basis. Mr. Michael Margulies of Valerian LLC was present and provided additional information on the two different site concept plans. He said both concept plans would include a commercial and resident component and that a similar site was just opened in the City of Hugo. Mr. Margulies said that the developer was prepared to follow the Council's guidance and provide additional green space. He answered questions from Council. City Attorney Couri and City Administrator Nafstad answered questions from Council. There was much Council discussion regarding the two different proposed concept plans, the other developments already approved for the area and other possible land use options for the site. The majority of the Council preferred option 1 of the concept plans but would like additional green space to be added to the plan. G. Public Works/Engineering—None H. Legal 1. AVA Development Agreement City Attorney Couri said he received a call from AVA and they said that they had applied for financial assistance and one of the requirements was that the plat would need to be recorded seven days before the closing date. He said normally the plat would be recorded on the day of closing once the City receives the letter of credit from the developer. Mr. Couri said he would confirm this information with the developer's attorney. He said if the Council approved the City could release the plat before the closing date so it could be recorded as a result the developer could secure their funding and then the Agenda Page 7 City Council Meeting Draft Minutes Page 4 Regular Meeting of August 2,2021 1. AVA Development Agreement- continued City could receive the letter of credit after that time. He said he would require the developer to sign an agreement before the City released the plat. Mr. Couri said the risk would be if something fell apart on the developer's end then City would have a plat that was recorded and streets that were platted without funding. He answered questions from Council regarding the process. City Administrator Nafstad answered questions for Council regarding the recording process and AVA's possible funding source. There was Council discussion regarding the AVA Development Agreement and the consensus was to wait for further information. City Attorney Couri said that he would bring more information back to the next City Council meeting. L Administration 1. Consider Participation in the Wright County Economic Development Authority— tabled at the May 17,2021 City Council Meeting City Administrator Nafstad presented the staff report which included further details on the Wright County Development Authority. He said that all of the other Wright County cities have decided to participation in the Wright County EDA and added that the EDA may be providing funds to the member cities for development uses. He answered questions from Council. Finance Director Lannes answered questions from Council regarding the restrictions on what the possible funds could be used for in the City. City Attorney Couri provided additional information on the EDA and possible tax levies. He answered questions from Council. There was Council discussion regarding participating in the Wright County Economic Development Authority. MOTION made by Councilmember Cocking, seconded by Councilmember Hudson to adopt Resolution No. 2021-022 opting the City of Albertville to participate in the Wright County Economic Development Authority. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski.Nays: None. The motion carried. 2. City Owned Outlot(Outlot B Northwest Commercial Park) City Administrator Nafstad said the City owns the lot behind the Albertville Mall and Scherer Brothers may be interested in purchasing it because another company was interested in purchasing their current lot in Albertville. He said that the open lot is currently on the City's tax roll and that the City pays approximately $35,000 in taxes annually on it. He said his concept was to convene the property to Scherer Brothers to build a plant similar to what they currently have. He asked Council if they felt this would be a good use for the site because it would require a zoning amendment and if the Council was interested in convening the lot to Scherer Brother because if so the City would have Northland Financial run the numbers. He answered questions from Council. Finance Director Lannes and City Planner Brixius provided additional information and answered questions from Council. There was Council discussion regarding the City owned lot and the consensus was to move forward. Agenda Page 8 City Council Meeting Draft Minutes Page 5 Regular Meeting of August 2,2021 3. City of Administrator's Update City Administrator Nafstad provided information on the STMA Ice Arena which included a possible agreement with Hat Trick to open a retail space and the Hen and the Hog possibly taking over the concession stand at the arena. He answered questions from Council. 4. Closed Meeting to discuss the City of Albertville vs. Chuck Maeyaert Litigation Mayor Hendrickson called for a motion to close the meeting to discuss the litigation. MOTION made by Mayor Hendrickson, seconded by Councilmember Cocking to closed the meeting. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski.Nays: None. The motion carried. The Council discussed the litigation between the City and Chuck Maeyaert. City Attorney Couri stated the meeting was reopened and asked the Council to approve the agreement. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to approve the Nuisance and Zoning Violation Abatement Agreement between Charles J. Maeyaert and the City of Albertville. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. Announcements and/or Upcoming Meetings August 9 STMA Arena Board, 6 pm August 10 Planning Commission, 7 pm August 16 Council Budget Workshop, 6 pm August 16 City Council, 7 pm August 23 Joint Powers Water Board, 6 pm Parks Committee, 7 pm August 30 Joint Governance Meeting, 6 pm 10. Adjournment MOTION made by Councilmember Hudson, second by Councilmember Olson to adjourn the meeting at 10:30 pm. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. Respectfully submitted, Kristine A. Luedke, City Clerk Agenda Page 9 �lbcrtviljc Mayor and Council Request for Action I f August 16, 2021 SUBJECT: CONSENT—FINANCE—PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday,August 16, 2021, 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) Agenda Page 10 AIb rtVlljc Mayor and Council Request for Action Smolt LWIn9.019 Ufs. Y August 16, 2021 SUBJECT: CONSENT—PUBLIC WORKS—MEMORANDUM OF UNDERSTANDING BETWEEN WRIGHT COUNTY AND THE CITY OF ALBERTVILLE TO PURCHASE SALT FOR THE 2021-2022 SNOW AND ICE REMOVAL SEASON RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve the Memorandum of Understanding between Wright County and the City of Albertville for the Purchase of Salt for the 2021-2022 Snow and Ice Removal Season at a cost of $82.05 per ton. BACKGROUND: Since 2006, the City of Albertville has purchased salt from Wright County. Public Works loads the salt at the Wright County Maintenance Facility in Otsego on an as-needed basis. Reimbursement for the salt is based on the predetermined price per ton and the quantity hauled. KEY ISSUES: • The County facility is nearby and convenient. • Bulk purchasing allows for reduced material and shipping costs. • The City has limited salt storage capabilities/facilities. POLICY CONSIDERATIONS: It is City policy for Council to review and approve all service and purchasing agreements. FINANCIAL CONSIDERATIONS: The City annually budgets for ice control. The annual cost of snow and ice removal is weather dependant and varies with each season. The unit price for salt for the 2020-2021 season was $75.54 per ton. This year's price has increased to $82.04. Total annual cost is based on quantity of salt used. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve purchasing agreements for the City. Responsible Person/Department: Tim Guimont, Public Works Supervisor Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • 2021-2022 Wright County Memorandum of Understanding Agenda Page 11 MEMORANDUM OF UNDERSTANDING Between WRIGHT COUNTY and CITY of ALBERTVILLE This Memorandum of Understanding is entered into between Wright County (hereafter called "County") and the City of Albertville (hereafter called "City") and sets forth the respective parties' agreement regarding the City storage and purchase of salt from the County at the County's storage facility at their maintenance facility in Otsego. It is hereby understood and mutually agreed to between the parties that: 1) The County will make salt available for the 2021-2022 snow/ice control season,from their salt storage facility in Otsego,to the City of Albertville at the following prices: Price/Ton 10% Fee Sales Tax Total Cost Salt $74.59* $7.46 0.00 $82.05 * FOB Otsego Salt prices will also be subject to a Fuel Clause in our state salt contract that states that an increase of over 20% in fuel costs will be passed on to the customer. 2) It is understood that the City will pick up their own materials from this facility using Wright County's loader and the City's trucks. 3) A daily journal, to be kept for billing purposes, must be used by the City to record each load that is picked up by the City personnel. Quantities must be submitted monthly, in writing or by email to the Wright County Highway Department. Quantities submitted by phone call will not be acceptable. • Email: hw:.admin::i co.wri::ht.mn.us • Mail:Wright County Highway Department 3600 Braddock Ave Ne—Buffalo, MN 55313 4) The quantity of the load for each truck will be determined initially by weighing the truck with and without load at a certified scale. 5) This Memo of Understanding will be in effect until May 13, 2022. It will be reviewed by both parties after the 2021-2022 snow/ice control season to determine any needed modifications for the next year's renewal. FOR THE COUNTY OF WRIGHT FOR THE CITY OF ALBERTVILLE County Board Chair Mayor Dated: Dated Agenda Page 12 �lbcrtvillc Mayor and Council Request for Action August 16, 2021 SUBJECT: CONSENT—CITY CLERK—TEMPORARY OUTDOOR MUSIC PERMIT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve a Major Temporary Outdoor Music Permit for the Villa Bar and Grill for August 28 and October 2, 2021 located at 11935 59th Place NE. BACKGROUND: The City Council revised its Temporary Outdoor Music ordinance in 2013. The revision more clearly defined the definitions of both a Major and Minor Temporary Outdoor Music Permit and the requirements that must be met for each type of permit. The applicant, Bryan Gobel of the Villa Bar and Grill has applied for a Major Temporary Outdoor Music Permit for both August 28 and October 2, 2021. A Major Temporary Outdoor Music Permit must meet the following requirements: 1. Any person, organization, and/or entity shall be limited to a maximum of two major permits per year.No commercial property shall host more than three major events in a calendar year. 2. The permit applicant must pay a permit fee as set by the City Council by ordinance and provide information and/or a plan(s)that demonstrates that the site event will comply with the performance standards of this code. 3. The permit applicant must demonstrate that there will be adequate sanitary facilities for the event. 4. The permit applicant must demonstrate that there will be adequate security and fencing to control access to the event at the location of the outdoor musical performance. 5. The permit applicant must have sufficient off-street parking. The music event shall not occupy required parking for the principal use of the site. 6. The major outdoor musical performance must not interfere with other commercial and governmental activities or with the quiet enjoyment of residential property. 7. The stage, performers, speakers and amplifiers are located three hundred feet from any residence located in a residential zoning district. 8. The stage, speakers, and amplifiers are arranged in a design and manner that does not directly broadcast music at or toward a residence within three hundred feet of the stage. 9. Major outdoor music events shall be allowed between May 15th and October 15th and the live outdoor musical performance shall only occur on the dates and during the hours designated by the City Council. 10. Major outdoor music events shall not perform beyond 12 midnight. 11. The volume of the outdoor musical performance must be reasonable. The permit holder shall comply with all requests of the Sheriff's Department to reduce volumes to mitigate nuisance complaints. 12. Failure to abide by these standards or the receipt of nuisance complaints may be grounds for denial of future major outdoor music permits for the property. Agenda Page 13 Mayor and Council Request for Action—August 16,2021 Villa Bar and Grill Outdoor Music Permit Applications Page 2 of 2 KEY ISSUES: • The applicant has submitted a site plan showing the location of speakers, fencing and security, and has indicated adequate sanitary facilities as well as parking. • For the event on August 28, the music will be played from 7 pm to 11 pm and on October 2, the music will be played from 7 pm to 11 pm. • The applicant has indicated they will abide by the noise requirements. • The applicant has submitted the fee for permits. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to approve or deny any Temporary Outdoor Music Permit. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicant for the music permit. Responsible Person/Department: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Temporary Outdoor Music Application on file in the City Clerk's office. • Music Site Plan Agenda Page 14 / � I� P� �2�� � 3��� :� 1 I �-�_ AIR � • �_ � s. ._-. a . UC /o cu 6- 1 a � y y. \ r. 9 6. fi 956.4 ' \� -..----- ` O �6. i - O 1 1 CONCREM S5l — _ PAD 71.34 X956.1 a� PROPOPS D PARRNC STALL(>•YP) °`E I'''Iy I 16 '+ (u tt z I t vPROPOS ",$TALL r � � � U I y � O Z ^ ° b a a`' 4` 3 3 ^o r o 956.40 i o ' a <y 24 �y1 _ � T o.� N 1 ' � M - z {{ cu lT O TOO CD O i PROPOSED MN L CURE&OU TO 7.90 co IMON MONON -- P 1 0 �! 1 r'j `.' 4`w U M, AMEN =r - j zr?OSED GARDEN L 'k— let 1 lbertvill e Mayor and Council Request for Action August 16,2021 SUBJECT: CONSENT—FINANCE—PURCHASE OF A DELTA ENTELIWEB FOR CITY HALL HVAC SYSTEM RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Authorize the purchase and installation of the Delta EnteliWEB for controlling and monitoring the Albertville City Hall HVAC system for a total purchase amount not-to- exceed$5,800 (includes software, install, and license). BACKGROUND INFORMATION: The Albertville City Hall was constructed in 2007 and a HVAC system and control software was installed. The control software system is outdated and difficult to transfer over to the new server from Windows 2008 to Windows 2019. While examining the issues, it has been determined the software needs to be ugraded. The software controls the HVAC system including schedules, overrides, trends and logs. In addition, it emails staff for all critical fault/failure or alarm conditions. KEY ISSUES: • Outdated software is not easily compatible with Windows 2019 • The original software is 14 years old • The software upgrade is useable in the foreseeable future and is compatible with regardless of boiler package POLICY CONSIDERATIONS: It is City policy for the Council to review and approve all capital purchases and investments. FINANCIAL CONSIDERATIONS: The Delta EnteliWEB software purchase will be funded through the general fund reserves. LEGAL CONSIDERATIONS: The City has the authority to purchase equipment under the State of Minnesota contract or by quotes. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Quote and pricing on file and available upon request. Agenda Page 16 �lbcrtvillc Small Town Wag.ffig ON Lft. Mayor and Council Request for Action August 16, 2021 SUBJECT: PUBLIC HEARING—INTEGRATE PROPERTIES VACATION UTILITY EASEMENT APPLICATION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2021-034 to vacate a portion of a utility easement legally described in Exhibit A. BACKGROUND: Integrated Properties LLC has filed an application to vacate a portion of a utility easement that passes through the Preserve at Albertville Final Plat.(See Exhibit B and C) The City approved the Preserve at Albertville Final Plat and PUD Zoning District on July 19, 2021. The existing easement encumbers Lots 7-20 Block 1 of the Preserve at Albertville Final Plat. The utility must be relocated and the easement adjusted to allow the Preserve at Albertville development to proceed. The Developer has submitted a Final Plat Sanitary Sewer and Watermain Plan dated July 1, 2021 illustrating the relocation of the existing sanitary sewer line through the final plat. The sewer main will be relocated to follow the lot lines and be placed with the private street. The Final plat establishes new drainage and utility easements to cover the relocated sewer line. KEY ISSUES: • The sewer trunk line is a major infrastructure which serves a large area of the City including the Preserve at Albertville and properties beyond. • The submitted Utility Plan provides an acceptable relocation route and has been approved by the City with the Final Plat. • The Final Plat provides replacement easements for that portion of the easement being vacated. The City Engineer has reviewed the location and size of the replacement easements and recommends that the plat be revised to expand the utility easements between Lots 7, 8 and 19, 20 to 30 feet; 15 on each side of the lot line. The revised easement shall be verified by the City Engineer prior to the recording of the plat. • The vacation of the easement shall occur simultaneously with the recording of the final plat to ensure that the replacement easement is in place prior to the vacation of the current easement. The Development Contract for Preserve at Albertville will mandate the posting of a financial security to ensure the sewer trunk is relocated within the new easements. POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, a public notice was published, and the public hearing was held on August 16, 2021 by the City Council for the vacate easement application. The vacation of the easement is consistent with the approved Preserve at Albertville Final Plat. Agenda Page 17 Mayor and Council Request for Action—August 16, 2021 Public Hearing for Integrate Properties LLC Page 2 of 2 FINANCIAL CONSIDERATIONS: The applicant shall be responsible for all costs associated with the vacation of the easement and the relocation of the utility trunk line. The development contract will mandate a financial security is provided prior to initiate site work to ensure the utility relocation is completed and accepted by the City. There are no significant financial issues related to the vacation of the easement and relocation of the utility. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority approve the vacation of utility easements. A vacation of an easement requires a majority vote of the City Council. Department/Responsible Person: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Exhibit A: Resolution No. 2021-034 and Easement Vacation Legal Description • Exhibit B: Existing Conditions • Exhibit C: Final Plat; Sanitary Sewer and Watermain Plan • Exhibit D: Final Plat Agenda Page 18 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF NUNNESOTA RESOLUTION NO. 2021-034 RESOLUTION APPROVING THE VACATION OF AN UTILITY EASEMENT WITHIN THE PRESERVE AT ALBERTVILLE FINAL PLAT WITHIN THE CITY OF ALBERTVILLE WHEREAS,the City Council, pursuant to a petition submitted to it by Integrate Properties LLC under Minnesota Statute §412.851, did hold a public hearing on August 16, 2021 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 utility easement described in exhibit A of this resolution. 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 utility easements described in Exhibit A of this resolution. NOW THEREFORE BE IT RESOLVED that the City Council of City of Albertville, Wright County,Minnesota does hereby order as follows: That the portion of the utility easements described in exhibit A of this resolution is hereby vacated with the following conditions being met. 1. The Preserve at Albertville final plat shall be revised to provide a 30 foot drainage and utility easement centered on the share lot lines of Lots 7 and 8 and Lots 19 and 20. Said revision shall be subject to review and approval of the City Engineer prior to recording the plat with Wright County. 2. The easement vacation shall be recorded with the County simultaneously with the recording of the Preserve at Albertville final plat. 3. The Preserve at Albertville development contract shall mandate that the developer post security acceptable to the City to ensure that the sanitary sewer trunk line is relocated and design consistent with approve plans and acceptable to the City. 4. 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 with the recording of the Preserve At Albertville final plat. Adopted by the City Council of the City of Albertville this 16th day of August,2021. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk EXHIBIT A Agenda Page 19 I ; I 130301 S83°06'44"E N81°37'50"E --11.86 47.56 // S68°01'42"E jl /r//i'_1.48 L l_ S81°375 r% // L 30. 0 1 ♦_J / 0 �a P.O.B. I ' ,[ `+ ;[V iNl�� �`I ♦ V � Z \ C IN I ZO ♦ V C-- I— ~ I W� I O— � WLd M Ll_ rn rn �Z F I NWO N0W �O W Op + + W� \ W f3 (n C— � —p l i l ?:N I I L I J LIJ p~ INy,0 M O O LiJ"t IONI M� LL N rn o lr S. LINE OF SW 1/4 --OF SEC. I, T. 120, �30130 j R. 24 — — _ — \ LO S88°28'40"E 1439.66 — — EASEMENT VACATION DESCRIPTION Vacating that part of the 60.00 foot wide utility easement recorded as Doc. No. EASEMENT VACATION 503950,Wright County, Minnesota,embraced within the Southeast Quarter of AREA the Southwest Quarter of Section 1,Township 120, Range 24,said county. Said vacated portion lies north of the south 55.00 foot of said Southeast Quarter of the Southwest Quarter and south of the following described line: Commencing at the southwest corner of the Southwest Quarter of said Section 1;thence South 88 degrees 28 minutes 40 seconds East,assumed bearing along the south line of said Southwest Quarter,a distance of 1439.66 feet to the centerline of said easement;thence North 02 degrees 01 minutes 20 seconds East,along said centerline,355.00 feet;thence North 08 degrees 01 minutes 20 seconds East, along said centerline, 330.00 feet;thence North 02 degrees 01 minutes 20 seconds East,along said centerline, 146.35 feet;thence South 81 degrees 37 minutes 50 seconds West 30.50 feet to the westerly sideline of said easement and the N point of beginning of the line to be described;thence North 81 degrees 37 minutes 50 seconds East 47.56 feet;thence South 83 degrees 06 minutes 0 100 200 400 44 seconds East 11.86 feet;thence South 68 degrees 01 minutes 42 seconds East 1.48 feet to the easterly sideline of said easement, and said line there terminating. SCALE IN FEET Design File: Checked By: 200170 PG Alliant Engineering,Inc. THE PRESERVE AT ALBERTVILLE 733 Marquette Ave,Ste 700 Dwg N.— Drawn By: Minneapolis,MN 55402 EASEMENTVAC DPE UTILITY EASEMENT VACATION EXHIBIT 612.758,3080 MAIN Der., scel.: ALBERTVILLE,WRIGHT COUNTY,MINNESOTA 612.758.3099-FAX 6130121 1"=200' www.alliant-inc.com Agenda Page 20 EXHIBIT A. w X -4�Eo-a r, 0 q vim lit 11 ';'v'� 1a 11 4 : IN] `-at RI'lif r. L$ Ss s. 4 8 4 Y q00l D '51 Or xLU �2 In, In '!El CIO In 3A' ——--------- W 4115iih V J�j ----------------- ------- -All --F.--P-Q-v IT i�j iL NV9d NIVWU31VAk ONV E19M3SAUVANVS z vo P- IvIllwanS IVId IVNI 41 5 a NN'-[IIA4'-91v A MlIALU391V IV 3AU3S3Ud 3HI Ig tg 1, p 0 2 o I, _j I YA Lp All- RV L-- s Ise - . 0 w -1 .1— I kMMJ 1-001�1111 1-1s al L, 7""" T H Z� E m 311 I'll my y ---- — ----J xW o ----r � P— i> Si 8i p 15 15 8o m • O a � - EE'L@Z M.BLES.00S i w'�e m'soe watt w 1=B $yam44 8'% WT\n°\\ rr $Y; �J W -------- _ r cl „i n j emsox xei-�_ '=k•R" 0,) y.,,..0 Is dsc'm�M.�zm `yls 0�� W 4@L_ mw mecas__�° --- --�@1� 05 L-- -----i-6— — I�r_________,$ — --awv�3,au.agr—� J a t .ms L____—__—_J` st ^�~ � e91F i R -�'�3z6 Be m ,lm ¢ / s,zl ry a,�lg gp gl,a .y I@ p` -nc`Po r<<a z�a�°x v� Z lle m la zR----------- _ c Tgn—eoveia,onzmry—h %gym M.n.vz sroc��^L _ — g J` °OI r___es.s413u%iwiorl—_—1 c m�aoa ----- a gla n= n -----------.-JI gW z m g.R af AI L �I BE. n 13 _ :Iw ri'I a �S X move M.emu°s---' . ----------- - 'rye r a\ m I 'I� —,tip f—�*•°'^°° '�tty I a___.PnL 3—oc�cwrJ--1 @I W 6 8K _al I BI I lol uqc \ \ °3d nW).'9s I _- c..._G/ —ae°sr use �/ i �I I I I 51 I "I I �I I � I � I I � gl I I��I 4.\\\ � .���� `•,�__',. i —J —/ L_--J as°s - .,..e.w�s..-°p — L___ J. rs„as.wx veW MwaLe°&r o9mt M,oe,tCwO �lbcrtvillc Mayor and Council Request for Action August 16, 2021 SUBJECT: FINANCE—DRIVEWAY IMPROVEMENT ASSESSMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Driveway Replacement Contract in the amount of$14,240 for property owner Christopher Cline located at 10485 Karston Avenue NE Albertville, MN 55301 —PID 101-062-005080 BACKGROUND: In July of 2018, the City Council approved the driveway replacement program, which provides a financing option for residents to replace their driveway. Generally, the City enters into a special assessment agreement with the resident, pays the resident's contractor to replace the driveway, and the resident pays the city back through property taxes over a period of 5 years. The terms of the special assessment is five years at an interest rate of 5% interest rate. Per the program, the City will designate funds for the Driveway Replacement Program up to $30,000 per year for the projects with a maximum principal loan balance, for the fund, of $150,000 at any point in time. KEY ISSUES: • The City has the statutory right to special assess improvements. • Per policy, the program will finance up to $8,000; however, the Property Owner is requesting $14,240 to be paid to Three Star construction, Inc. upon completion. • An upfront fee of$100 is paid by the property owner to the City. • If this Driveway Replacement Agreement is approved for$14,240; the Driveway Replacement Program would be depleted for 2021. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of the Driveway Replacement. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Three Star Construction, Inc. Quote Agenda Page 24 Page No. 1 a 1 Pages Vropood �k �k THREE STAR CONSTRUCTION, INC. BROWERVH,LE,MN 56438 MARK GERAETS 594-6373 smfE Canbarters License+r70=" PROPOSAL SUBMITTED TO PHONE DATE C STREET JOB NAME I L u Y S IOB LOCATION DATE OF PLANS JOBPHONE y to furnish material and labor—complete in accordance with specficadons below,for the s Payment to be made as folknws: Aft material Is guaranteed to be as specified.AN work to be completer)in a workmardke Authorized mantles accorriing to standard practices.Any alteration or deviation from specifications below lwOtviig extra costs.Will be wwouted only upon written orders,and will become an Signature extra charge over and above the estimate.All agreements cordingent upon strikes,act- :This proposal maybe dents or delays beyond our control.Owner to carry fire,tornado and other necessary witFdravrn�,us if not accepted insurance.Oir workers are fully covered by Workmen's Compensation Insurance. n © days. We hereby submit specifications arid estimates for: �Si�•` �o.c� �jE a�Riy� .�€'P nll !3� s�L�i 2meWitele of 3proposal—Th.above prices,specifications and conditions are satisfactory aril are hereby accepted.You are ardhortwd to do the Signal re work as specified.Payment will be rnade as outi"ured above. Dale ofAc-ptanca: — Signature - Agenda Page 25 ISRF DRAFT Memorandum SRF No.9161 To: Adam Nafstad, PE City of Albertville From: Brent Clark, PE, Senior Engineer Tom Sachi, PE, Associate Date: August 5, 2021 Subject: 50th Street NE Residential Development Traffic Study;Albertville, Minnesota Introduction SRF has completed a traffic study for the propose *residential development in the City of Albertville. The development is generally located north of 50th Street NE (CSAH 18) and is adjacent to the St. Michael Albertville West Middle School (see Figure 1: Project Location). The main objectives of the study are to review the existing operations within the study area, evaluate the transportation impacts to the adjacent roadway network due to the development, including access and pedestrian crossings, and recommend any necessary improvements to ensure safe and efficient operations for all modes of transportation. The following information provides the assumptions, analysis, and study recommendations offered for consideration: Existing Conditions Existing conditions were reviewed to establish a baseline condition to compare and determine any future impacts.The evaluation of existing conditions includes various data collection efforts,including traffic data, roadway characteristics, school/pedestrian operations, and an intersection capacity analysis,which are summarized in the following sections. Traffic Data SRF collected a.m., after school, and p.m. peak hour turning movement and pedestrian/bicyclist counts at the 50th Street NE (CSAH 18)/St. Michael-Albertville West Middle School East Access intersection the week of May 24, 2021. The traffic data was collected while school was in session,and the counts were compared to historical average daily traffic (ADT) volumes within the study area provided by the Minnesota Department of Transportation (MnDOT). Based on the comparison, the turning movements collected by SRF are consistent with historical traffic volumes, therefore, no modifications were necessary to reflect non-COVID conditions. www.srfconsuIting.com 3701 Wayzata Boulevard,Suite 100 1 Minneapolis, MN 55416-3791 1 763.475.0010 Fax 1.866.440.6364 An Equal Opportunity Employer Agenda Page 26 2 d LO anuan d ugew 00 a - Q k co • t:. 1,fm I L k, .. > tp anueAVxneage-1 i s` tit! r O N Z [ O LU y J f N � N Cn Q '^ o oL c U. �7 N 'f' O (O N O � O Q apo'uO!IeOOI 1001oad�06id\saan6id\ApnISgeal\6966\00060\sIoafoad\H 50th Street NE Residential Development Traffic Study August 5, 2021 Page 3 Roadway Characteristics A field assessment was completed to identify various roadway characteristics within the transportation system study area, such as functional classification, general configuration, and posted speed limit. A summary of these roadway characteristics is shown in Table 1. Note that these are general characteristics and that there are some deviations within the area or segments of the roadways. For example, the posted speed limit can vary along the roadway due to the presence of school zones. Table 1. Existing Roadway Characteristics Roadway Functional General Posted Speed Classification(1) Configuration Limit(mph) 50th Street NE(CSAH 18) Major Collector 2-lane undivided 45/35(2) (1) Functional Classification based on the Wright County Long Range Transportation Plan. (2) A school zone begins approximately 400 west of the Middle School's west access and ends approximately 300 feet east of the Middle school's east access.The speed limit of the school zone is 35 mph and is generally limited to school start and end times. From a traffic control perspective,the 50th Street NE(CSAH 18)/St.Michael-Albertville West Middle School East Access intersection is unsignalized, with side-street stop control. Existing geometrics, traffic controls, and traffic volumes in the study area are shown in Figure 2. St. Michael-Albertville West Middle School Observations As stated previously, the St. Michael-Albertville West Middle School is adjacent to the proposed development. At the time of data collection efforts, the school hours of operations were currently between 9:10 a.m.and 3:05 p.m. In order to identify current travel patterns and any access,circulation, pick-up/drop-off, or pedestrian crossing issues, field observations were performed at the school. A summary of the middle school operations during the a.m. and afternoon peak periods are shown in Figure 3. The middle school has two access locations along 50th Street NE (CSAH 18). The west access is primarily designated for parent pick-up/drop-off operations, but also provides access to the front office for staff and/or visitors. The east access primarily serves the bus pick-up/drop-off operations, along with additional staff/overflow parking. Note that connectivity is not provided internally within the school parking lot areas, as the existing roadway connections were gated off during observations. In general, no operational or safety issues were observed during the school arrival and departure peak periods. Parent pick-up/drop-off operations are located on the south side of the building, and parent pick-up queues were never observed to extend near 50th Street NE (CSAH 18). The east building access and overflow parking lot are utilized for the approximately 19 buses that currently serve the middle school. Bus queues were observed to extend to 50th Street NE (CSAH 18) once during morning drop-off operations, however, these queues generally lasted less than 10 seconds, and never extended onto 50th Street NE (CSAH 18). Note that when buses exited the site, vehicles along 50th Street NE (CSAH 18) were observed to yield, letting the buses onto the roadway. Agenda Page 28 N 4IaoN 0OR i.-:sJ, r^���`�- I — #':. 1 .F •;t / �'j;4 age V VI 4 'F 4 7[ ^-_ iR. ,: 1' ]$ � Z � . . r. �? w ma's�s+ co 9 I891 (8Z) r enuand LgeW ssaooy;sea jr ` -PC` it. .• p. Z LU 1 L =y N C� O SS033V 3se3 O v + � Q 4 O95 F� Qj eLj • 4 V U) W ~ � a> 0 0 a N O � O ++ cn a) z a> o V Z � o m o �& anuandxneege7 > o > Q = N a o o s N o T .. _ _ >C LJJ cn W o Lo y CD O W Q JLL a v> 0 IC- O O Q ipo-suo!l!puoo 6ui;s!x3 Z06id\saan6id\APn1Sgeji\6966\00060\s;oafoad\H o OT t • ` d O it, LJJ CO o 1 f c a � a � It .. - a m d COS m is N a v, O L. p po• a 4Z x 04 y w a N m Y.I co 1 O is ++ s c CD Q) � v u Q ' a m _0 O O � N v 1 cu 2 to H c A—.O -0 >O � _ N co o Q u o � O00 w �` 0 L F ? LL L � N Z Q N L t r _ a W o N a d V IIIL CIF t� w .. ............................ o U Lo � a0 � 1 c � � ON io aLL X 3 H �N * co 0 o oa ipo-suopied0 Ioo4oS alpp!W 1saM all!Alja9lV-Iaa4o!W'1S E06Id\saan6!d\Apn1S na0 1S 4105 6\Sl\6966\00060\sIoafoad\H 50th Street NE Residential Development Traffic Study August 5, 2021 Page 6 Approximately ten (10) pedestrians and five (5) bicyclists were observed to travel to/from the school. The pedestrians/bicyclists utilized the north and east building access locations to access the school. Note that exterior bicycle parking stalls are located near the front office entrance, on the north side of the building.The primary pedestrian/bicyclist route observed included crossing the east access and traveling to the 50th Street NE (CSAH 18)/Main Avenue all-way stop intersection to cross 50th Street NE (CSAH 18). Most, if not all, students walking and biking to/from school were destined to/from the neighborhood to the northeast of the school. Intersection Capacity Analysis An existing intersection capacity analysis was completed using Synchro/SimTraffic software to establish a baseline condition to which future traffic operations could be compared. Capacity analysis results identify a Level of Service (LOS) which indicates how well an intersection is operating. Intersections are graded from LOS A through LOS F. The LOS results are based on average delay per vehicle,which correspond to the delay threshold values shown in Table 2. LOS A indicates the best traffic operation,while LOS F indicates an intersection where demand exceeds capacity. Overall intersection LOS A though LOS D is generally considered acceptable based on MnDOT guidelines. Table 2. Level of Service Criteria for Signalized and Unsignalized Intersections LOS Designation Signalized Intersection Unsignalized Intersection Average Delay/Vehicle(seconds) Average Delay/Vehicle(seconds) A <_ 10 <_ 10 B > 10-20 > 10- 15 C > 20-35 > 15-25 D > 35-55 > 25-35 E > 55-80 > 35-50 F > 80 > 50 For side-street stop/yield-controlled intersections, special emphasis is given to providing an estimate for the level of service of the side-street approach. Traffic operations at an unsignalized intersection with side-street stop/yield control can be described in two ways. First, consideration is given to the overall intersection level of service. This takes into account the total number of vehicles entering the intersection and the capability of the intersection to support these volumes. Second, it is important to consider the delay on the minor approach. Since the mainline does not have to stop, the majority of delay is attributed to the side-street approaches.It is typical of intersections with higher mainline traffic volumes to experience high-levels of delay (i.e., poor levels of service) on the side-street approaches, but an acceptable overall intersection level of service during peak hour conditions. Schools generally have higher peaking characteristics as compared to the typical roadway network during the a.m. and p.m. peak hours (i.e., traffic on/near school grounds tend to be busy for a short period of time close to school start and end times). Therefore, peak hour factors collected were calibrated in the model to better capture the operational issues expected at the study intersection during the periods before and after school start and end times. Agenda Page 31 50th Street NE Residential Development Traffic Study August 5, 2021 Page 7 Note that the study intersection currently has two (2) a.m. peak hours; 7:00 to 8:00 a.m. and 8:15 to 9:15 a.m. The peak hour of the adjacent roadway network is reflected in the 7:00 a.m. peak hour and captures staff entering the study intersection.The peak hour of the school is reflected in the 8:15 a.m. peak hour, however, the study intersection generally only captures the 19 buses entering/exiting at this time.Therefore, for the purposes of this analysis,the adjacent roadway peak hour was utilized for analysis as it represents the worst-case scenario. Results of the existing capacity analysis, shown in Table 3, indicates that the study intersection currently operates at an acceptable overall LOS A during the weekday a.m., school p.m., and p.m. peak hours. No significant queues or side-street delays were identified. Table 3. Existing Intersection Capacity Analysis A.M. School P.M. P.M. Intersection Peak Hour(2) Peak Hour(2) Peak Hour LOS Delay LOS Delay LOS Delay 50th Street NE(CSAH 18)/St. Michael Albertville West Middle School East Access(') A/C 16 sec. A/A 10 sec. A/A 7 sec. (1) Indicates an unsignalized intersection with side-street stop control, where the overall LOS is shown followed by the worst side-street approach LOS.The delay shown represents the worst side-street approach delay. (2) Note the school a.m.peak hour does not coincide with the a.m.peak hour of the adjacent roadway network.Since the study intersection is generally only utilized by buses during the school a.m.peak hour,the adjacent roadway peak hour(7:00-&00 a.m.)was utilized as it represents a worst-case scenario.The school p.m. peak hour is defined as 2:45-3:45 p.m. The following information summarizes the operational observations identified as part of the existing capacity analysis: o Vehicles along 50th Street NE (CSAH 18) were observed to stop/yield and allow buses to make turning movements into/out of the St. Michael-Albertville West Middle School Access during both the school a.m. and p.m. peak hours. Proposed Development The proposed development is generally located north of 50th Street NE (CSAH 18) and is adjacent to the St. Michael-Albertville West Middle School in the City of Albertville. The proposed development consists of a total of 70 single-family housing units. A preliminary site plan for the proposed development is illustrated in Figure 4,which was used as the basis for the traffic analysis. For the purposes of this study,the development was assumed to be constructed by year 2024.A north leg is proposed to be added to the 50th Street NE (CSAH 18)/St. Michael-Albertville West Middle School East Access to provide access to the development.As part of the north leg addition,eastbound left- and westbound right-turn lanes are proposed to be constructed. Agenda Page 32 _ + A IL anua ob- . - m yy —. 4�b3� - ' M ° � --��I� I�. Gal M T 9�- N I r ��pj III III_- r� I 2,� cu Ict do N E+. UJ _ 0 OL U U. i. L 0)N O 0) O Q JPa'uald al!S b06id\saan6!d\ApnlSblaal\6966\00060\sloafoad\H 50th Street NE Residential Development Traffic Study August 5, 2021 Page 9 Traffic Forecasts The year 2024 (i.e.,year of opening) traffic forecasts take into account general area background growth and traffic generated by the proposed development. The following sections outline the proposed development trip generation, as well as the overall traffic forecast development process and assumptions. Background Traffic Growth To account for general background growth in the area, an annual growth rate of one and a half(1.5) percent was applied to the existing peak hour traffic volumes to develop year 2024 background forecasts.This growth rate was developed using a combination of historical average daily traffic (ADT) volumes from surrounding roadways as published by MnDOT,traffic forecasts from the 11Vright County Long Range Transportation Plan (LRTP), and engineering judgment. Proposed Development Trip Generation To account for traffic impacts associated with the proposed development, trip generation estimates for the proposed development were developed for the weekday a.m., school p.m., and weekday p.m. peak hours and on a daily basis. These estimates, shown in Table 4, were developed using the ITE Trip Generation Manual, 10th Edition. Note that time of day distributions within the ITE Trip Generation Manual, 10`h Edition were utilized to estimate the number of development trips during the school p.m. peak hour. Table 4. Trip Generation Estimate A.M. Peak School P.M. Peak P.M. Peak Land Use Type Size Hour Trips Hour Trips(1) Hour Trips Daily (ITE Code) In Out In Out In Out Trips Single-Family Housing 70 DU 13 39 32 19 44 26 661 (210) (1) Proposed development trips during the school p.m. peak hour were estimated using time of day distributions within the ITE Trip Generation Manual, 10th Edition for single-family housing(ITE Code 210). Results of the trip generation estimate indicate that the proposed development is expected to generate approximately 52 a.m. peak hour, 51 school p.m. peak hour, 70 p.m. peak hour, and 661 daily trips. The trips generated were distributed throughout the area based on the directional distribution shown in Figure 5, which was developed based existing travel patterns and engineering judgement. The resultant year 2024 traffic forecasts, which include general area background growth and traffic generated by the proposed development are shown in Figure 6. Agenda Page 34 4laoN } A kr # 1- ,�. 00� s` `f ,A " ter& M 4 i lL fh y'�. `� `z� `fie "-. �Ll "�,�, Y ; yJ+ f•' ' , r - �. ..e,.:F`i �;`� „ sic. _, R t F4 4 ` •— .i.rt anuand u►eW ` � L r s+ } IF-���a ^O' - p. olk Y Ik N 1i.1�Y fy+ U co �+ c �+ E Q O > (q N N D z LU 0 � _ N �& anuandxneege7 w _ - , - ' 6 N Lo LL R �o ow w oQ ipo,uoiingialsiQ leuoiloaaiQ 906id\saan6id\APn1Sgeal\6966\00060\sIoafoad\H it ttij i a } aO ��. `►•4 _ � tl '-`�` `fie �•""�'+� � 'ire �` +`� � L.L -M - 06 IOb] �0£) ■ r F t 4 IN m anuand LgeW 1 [01ssaooy;sea . i✓_ rA. � 'A {(-r:•a t f;ff (96) [061 OZ I W O O lfJ N co a o L N o 0 7 -a- LK DL J 0 ' N ,fr - ' i li�i rs r wCIO �l CD Q 01 o LID N 0 N cn Y � C CD � U w a> a� o Z Q � — �& If anuandxneege7 _° - o > Q m in o ° .T W cn a + cu o � N U Loa J d � dC/> Q Q LL a C . . . . `7 N ' 0Ln �N 0) In apo'suo!j!puoO pl!n8 bZOZ 906id\saan6id\ApnlSgaal\6966\00060\s;oafoad\H 50th Street NE Residential Development Traffic Study August 5, 2021 Page 12 Wright County Regional Travel Demand Model The iYlright County Regional Travel Demand Model was reviewed to understand how the proposed development land use compares to previous socio-economic (i.e., employment and households) assumptions within the traffic analysis zone (TAZ) 58. The proposed development area, shown in red in the inset, accounts for about a tenth of the TAZ area.The regional model assumes the base (i.e.,year 2014) level of trip generation within TAZ 58 to be approximately 6,394 daily trips, with a future year 2040 trip generation of approximately 17,629 daily trips. Thus, the expected growth � � 58 SOV?sr ME within the TAZ 58 area was estimated to be approximately 10,875 daily trips in the regional model. Comparing the trip generation identified earlier in Table 5. Daily Trips.Co1xlPaff9ofl this analysis, the proposed development is expected to generate approximately 661 daily trips, TAZ 58 Proposed which is approximately six (6) percent of the daily [wily Trip Development trip growth previously assumed within the regional Trip Type Growth Daily Trips model. A breakdown of the number of daily trips Household 941 551 by trip type for the SE data trip growth (year 2040 Retail 4,920 minus existing) and the proposed development is Non-Retail 5,014 0 shown in Table 5. Based on the review, the Total 1-0,875 6e1 proposed development type and magnitude are considered consistent with land use assumptions within the VtightCounty Regional Travel Demand Model. Year 2024 Build Conditions To determine how the study intersection and proposed development access will operate under year 2024 build conditions, an intersection capacity analysis was completed using Synchro/SimTraffic software. It should be noted that the proposed eastbound left-and westbound right-turn lanes shown in the site plan were included in the analysis. Results of the analysis, summarized in Table 6, indicates that the study intersection is expected to continue to operate at an overall LOS A during the weekday a.m., school p.m., and p.m. peak hours. No operational or queueing issues are expected with the proposed development and addition of the north leg of the intersection. Agenda Page 37 50th Street NE Residential Development Traffic Study August 5, 2021 Page 13 Table 6. 2024 Build Intersection Capacity Analysis A.M. School P.M. P.M. Intersection Peak Hour(2) Peak Hour(2) Peak Hour LOS Delay LOS Delay LOS Delay 50th Street NE/St. Michael-Albertville West A/D 25 sec. A/B 11 sec. A/B 12 sec. Middle School Access(') (1) Indicates an unsignalized intersection with side-street stop control, where the overall LOS is shown followed by the worst side-street approach LOS.The delay shown represents the worst side-street approach delay. (2) Note the school a.m.peak hour does not coincide with the a.m.peak hour of the adjacent roadway network.Since the study intersection is generally only utilized by buses during the school a.m.peak hour,the adjacent roadway peak hour(7:00-&00 a.m.)was utilized as it represents a worst-case scenario.The school p.m. peak hour is defined as 2:45-3:45 p.m. School Pedestrian Route Alternatives As mentioned previously, a majority of students walking to/from the Middle School are coming to/from the neighborhood northeast of the school. These students primarily crossed 50th Street NE (CSAH 18) at the Main Avenue all-way stop controlled intersection, utilized the trail south of 50th Street NE,and accessed the school at either the north (where exterior bicycle parking stalls are located) or east building access locations. The proposed development,which includes 70 single-family homes, is located adjacent to the Middle School, and is expected to generate additional walking/biking students. Therefore, multimodal connectivity and crossing alternatives were identified for consideration to ensure safe access to/from the school is provided for pedestrians/bicyclists traveling to/from the proposed development. A summary of the benefits and potential issues of the school pedestrian route alternatives are summarized in the following section. Route to School: Existing Route A pedestrian facility would be constructed on the north side of 50th Street NE, and students would utilize the existing pedestrian route observed. A connection in the northeast quadrant could be considered and would likely be utilized by any students living in that quadrant of the development. Benefits • All-way stop control provides a safe pedestrian crossing. • Potential NE quadrant connection would provide a direct route for houses in that �t quadrant of the development Potential Issues s • Would require the construction of a ' pedestrian facility on the north side of 50th Street NE. • Potential NE quadrant connection may impede on ROW. • Compliance issues - Majority of students likely would not follow the route as it would significantly increase the walking distance (add over 1,500 feet). Agenda Page 38 50th Street NE Residential Development Traffic Study August 5, 2021 Page 14 Route to School: Alternative A A crosswalk is provided at the Middle School East Access intersection. Benefits • Direct route and relatively short walking distance Potential Issues • Speeds of 35 mph or higher present a safety issue. • Turn lanes create a multi-threat crossing. • Would likely require crossing guards. Route to School: Alternative B With the addition of the eastbound left-turn lane to access the development, there may be an opportunity to utilize space on the roadway to construct a two-stage midblock crossing (i.e., median refuge island). Students from the proposed neighborhood would cross 50th Street NE at the midblock and access the southern pedestrian facility. Note that the northeast connection identified under the "existing route" alternative could also be considered in conjunction with Alternative B. Benefits • Direct route and relatively short walking distance. • Would provide a safer pedestrian crossing than Alternative A. Two- !, stage crossings allow pedestrians to k cross one direction of travel at a time. • Provides flexibility for potential .� future RRFB if pedestrian crossing volumes are high enough Potential Issues • Construction costs/roadway design feasibility associated with pedestrian refuge island and pedestrian connectivity • Potential reduction of eastbound right-turn lane storage Agenda Page 39 50th Street NE Residential Development Traffic Study August 5, 2021 Page 15 Based on this evaluation,utilizing the existing pedestrian route for the proposed development would require construction of a pedestrian facility on the north side of 50th Street NE,and would likely have compliance issues due to the indirect route to the school. Providing a crosswalk at the Middle School East access location is expected to have safety issues, due to the multi-threat crossing associated with the turn lanes and the speed of the roadway. Providing a midblock crosswalk with a pedestrian refuge island would provide the safest alternative for crossing students from the proposed neighborhood, however, construction costs/roadway design will need to be further evaluated to determine the feasibility of this alternative. Therefore, further discussion should occur with area stakeholders to determine the preferred pedestrian routes to/from the proposed neighborhood. Site Plan Review A review of the proposed site plan was completed to identify any issues and recommend potential improvements with regard to internal roadways,access,traffic controls,and circulation.The following information should be considered. In general,all roadways within the proposed development are expected to function adequately as two- lane facilities. Internal intersections are also expected to operate adequately with side-street stop control. In addition, special consideration should be made to limit any sight distance impacts from future landscaping and signing at all internal and external intersections within the study area.Although not shown, pedestrian and bicycle facilities should be provided on at least one-side of each roadway, if not both sides. If only one (1) side is provided, consider providing on the north-side of the roadway to maximize sun exposure during winter conditions. Summary and Conclusion The following summary and conclusions are offered for consideration: 1) The study intersection currently operates at an acceptable overall LOS A during the weekday a.m., school p.m., and weekday p.m. peak hours. No significant queues or side-street delays were identified. a. Vehicles along 50th Street NE (CSAH 18) were observed to stop/yield and allow buses to make turning movements in/out of the St. Michael-Albertville West Middle School Access during both the school a.m. and p.m. peak hours. 2) Observations were conducted at the St. Michael-Albertville West Middle School during the a.m. and afternoon peak periods. While no operational or safety issues were observed, the study intersection (East Middle School Access) currently serves staff, bus pick-up/drop-off operations, and is crossed by the existing pedestrian walking/biking route to/from the neighborhood to the northeast. Agenda Page 40 50th Street NE Residential Development Traffic Study August 5, 2021 Page 16 3) The current development proposal consists of 70 single-family housing units. A north leg is proposed to be added to the 50th Street NE/East Middle School Access to provide access to the development. As part of the north leg addition, eastbound left- and westbound right-turn lanes are proposed to be constructed. 4) The proposed development is expected to generate approximately 52 a.m. peak hour, 51 school p.m. peak hour, 70 p.m. peak hour, and 661 daily site trips. 5) The proposed development is consistent with land use assumptions within the Might County Regional Travel Demand Model. 6) The year 2024 build intersection capacity analysis indicates that the study intersection is expected to continue to operate at an overall LOS A during peak periods.No operational or queueing issues are expected with the proposed development and the addition of the north leg of the intersection. 7) Alternative pedestrian routes to/from the Middle School were identified to ensure safe access to/from the proposed development. Further discussion should occur with area stakeholders to determine the preferred pedestrian walking routes to/from the proposed neighborhood. Agenda Page 41 �lbcrtvillc Mayor and Council Request for Action August 16, 2021 SUBJECT: LEGAL-REVISIONS TO AVA DEVELOPER'S AGREEMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: 1)Approve changes to AVA Developer's Agreement as presented; and 2) approve the mortgage subordination agreement as presented. BACKGROUND: Since the approval of the AVA Developer's Agreement in February, the Developer has been Finishing development plans and lining up financing. Part of that financing package involves public financing that will in part go through Wright County and will be backed by special assessments that the County will levy on the AVA property. The entity providing that financing requires that the AVA plat be recorded 7 days prior to the lender's closing so that a County PID number is assigned to it which will allow a special assessment to be placed on the property at the time of closing. In order to meet this requirement, the plat will have to be released before AVA has all of its financing, including its letter of credit. The developer is prepared to pay all City fees that are required to release the plat, but is asking that the plat be released before the letter of credit is provided to the City. The letter of credit ensures that funds are available for road, utility,ponding and other improvements necessary to support the plat. Assuming the Council agrees to allow the early release of the plat, City Staff is recommending that the Developer's Agreement be amended to prohibit the property from being developed(no building permits will be issued) and to prohibit any further subdivision of the property until the letter of credit is posted. There is an existing mortgage on the property, and we normally require the lender to subordinate its mortgage to the terms of the Developer's Agreement such that if the bank forecloses, the Developer's Agreement remains binding on the property. The existing mortgage holder is unwilling to subordinate its mortgage if no letter of credit is posted. Given this situation,the Developer is asking that City agree that if the mortgage holder subordinates its mortgage to the terms of the Developer's Agreement, the bank not be obligated to construct the improvements the developer was supposed to construct, provided that no building permits will be issued and no further subdivisions will be allowed while the bank owns the property. Once the bank sells the property to a third party, the third party would be bound by the terms of the Developer's Agreement in the same way AVA will be bound. The developer expects that the existing mortgage holder will be paid off in one to two weeks after the plat is recorded as the new financing will be used in part to pay off the existing lender. City Staff believes that in the worst case scenario, the plat gets released, no letter of credit is provided to the City and the property then sits vacant(as it has for the past 10+years)until a new developer comes forward with a letter of credit or a new development proposal that is approved by the City. Agenda Page 42 Mayor and Council Request for Action—August 16, 2021 Revisions to AVA Developer's Agreement Page 2 of 2 KEY ISSUES: • Developer is requesting that the plat be released before a letter of credit is issued to the City. • No building permits will be issued and no further subdivision of the property can occur until the letter of credit is provided to the City. • The existing lender will subordinate its mortgage to the developer's agreement,provided that the lender will not be required to construct the required improvements but also will not be able to subdivide the property or obtain a building permit until the letter of credit is provided. POLICY/PRACTICES CONSIDERATIONS: City policy has been not to release a plat until all fees are paid and an acceptable letter of credit is provided to the City. This ensures that the required infrastructure will be installed at the Developer's expense and will not ultimately become an expense of the taxpayers. Freezing building permits and further subdivision of the property is not a substitute for a letter of credit, but essentially makes the property unusable to the owner until the letter of credit is provided. FINANCIAL CONSIDERATIONS: Without a letter of credit, the City will have no ready source of cash to reimburse itself for costs that may arise should the developer not provide a letter of credit and something unusual arises with the property. Barring such an event, this change should have no impact on the City's finances, although it has the potential to delay when the infrastructure improvements will be made. LEGAL CONSIDERATIONS: This is an unusual agreement, but the City Attorney believes the provisions of the Developer's Agreement restricting the issuance of building permits and future subdivision of the property will be enforceable and will essentially keep the property from developing if no letter of credit is provided. Department/Responsible Person: Mike Couri, City Attorney Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • AVA Developer's Agreement • Mortgage Subordination Agreement Agenda Page 43 CITY OF ALBERTVILLE DEVELOPMENT AGREEMENT/ CONDITIONAL USE AGREEMENT AVA ADDITION THIS AGREEMENT, entered into this day of August, 2021 by and between Advanced Volumetric Alliance, LLC, a Minnesota Limited Liability Company, a Minnesota Corporation and Darkenwald Holdings, Ltd., collectively referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as"City"; WITNESSETH: WHEREAS, Developer is the fee owner of the real property described in the attached Exhibit A, which real property is proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "AVA Addition" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property," the final plat of which is attached as Exhibit B; and WHEREAS,Developer has received final plat approval for one numbered lot and three outlots within Said Plat; and WHEREAS,this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning Said Plat and the conditions imposed thereon; and WHEREAS, Developer requires a Conditional Use Permit ("CUP") for its planned outdoor storage and a CUP for outdoor display on Lot 1, Block 1 of Said Plat; and 1 Agenda Page 44 WHEREAS, the City has given final approval of Said Plat contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS,the City requires that certain public improvements including,but not limited to bituminous street, curb and gutter, grading, sanitary sewer, municipal water, and storm sewer be installed to serve Said Plat and other properties affected by the development of Developer's land, to be installed and financed by Developer; and WHEREAS, the City further requires that certain other improvements be installed by the Developer within Said Plat, which improvements consist of boulevards,top soil and sod,grading control per lot,bituminous or concrete driveways and parking lots, drainage swales, berming, street signs, street lights, street cleanup during project development, erosion control, and other site-related items; and NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Plat Approval. Said Plat is hereby approved, subject to the following conditions: A. Developer agrees that all buildings on said Lot 1 shall be constructed in the locations shown on the Plans and Specifications for AVA Addition, as prepared by Landform dated August 9, 2021 attached as Exhibit C unless otherwise approved by motion of the City Council. B. Developer shall construct the number of parking stalls in the locations and dimensions to the east of the proposed building located on said Lot 1 as shown on the attached Exhibit C. In the event the City determines that more parking is required for the proper operation of the use located on Lot 1,the City may require, and developer shall construct, additional parking in an amount required by the City in the location shown to the west of the proposed building located on said Lot 1 as shown on the attached Exhibit C C. The uses on all lots of Said Plat shall comply with the City's zoning code and applicable state law at all times. D. Developer shall develop Said Plat consistent with the Plans and Specifications for AVA Addition, as prepared by Landform dated August 9, 2021 attached as Exhibit C. The Developer shall comply with all site plan approvals set by the City Council except where specifically set out in this Agreement. 2 Agenda Page 45 E. All grading, drainage, utility, and transportation issues that arise during development of Said Plat shall be subject to review and approval by the City Engineer. F. Trees, shrubs, berms and screening are to be planted and installed by Developer at Developer's expense as shown on the Plans and Specifications for AVA Addition, as prepared by Landform dated August 9,2021 attached as Exhibit C. Developer shall install landscaping shown on Exhibit C by October 31, 2022. The Developer shall guarantee that all new trees shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. G. Developer shall maintain the storm sewer system and ponds located on Said Plat (except the ponds located on Outlot A, which shall be maintained by the City). Developer shall not modify nor obstruct said storm sewer system or ponds without the express written consent of the City. H. The City shall reasonably maintain the sanitary sewer lines and municipal water lines and fire hydrants located within publicly dedicated utility easements on Said Plat. In the event it is necessary for the City to excavate any portion of the easement area to maintain, repair or replace any such lines, the City shall be obligated to restore the easement area to grade with gravel and the owner of the property shall be responsible for replacing pavement and any improvements above grade. Nothing in this Agreement shall act to limit the City's ability to finance such improvements in accordance with applicable law including Minn. Stat. Chapter 429. The City shall have full responsibility to restore pavement within the dedicated City streets on Said Plat in the event the City excavates any portion of the street to maintain,repair or replace such lines located within the street right of way. 1. Street Improvements. i. Karmen Avenue shall be constructed at Developer's sole expense from the current end of 67ffi Street to the north access drive of said Lot 1 where a temporary cul-de-sac shall be constructed. Said construction shall be performed according to the Plans and Specifications for AVA Addition, as prepared by Landform dated August 9, 2021 attached as Exhibit C. All such work on Karmen Avenue shall be completed no later than October 31, 2022. Developer acknowledges that Karmen Avenue's access to 70t' Street will be restricted to a right-in, right-out only in the future, and Developer waives any right to 3 Agenda Page 46 make any claim of damages against the City of Albertville or Wright County as a result of such change of access. All such construction shall be at Developer's sole expense. ii. The City's subdivision ordinance requires the Developer to construct Kadler Avenue as a paved street along the entire length of Said Plat. The City and Developer contemplate that the City will provide Tax Increment Financing ("TIF") assistance to Developer that Developer could use to pay the cost of constructing Kadler Avenue. Construction of Kadler Avenue shall be consistent with the Plans and Specifications for AVA Addition, as prepared by Landform dated August 9, 2021 attached as Exhibit C and shall occur upon the earlier of. 1) October 31, 2023 or 2) such time as regular production of prefabricated housing units begins in the facility to be constructed on said Lot 1, Block 1 of Said Plat. All such construction of Kadler Avenue shall be at Developer's sole expense. ill. Prior to the construction of Kadler Avenue as a paved street as contemplated by this Agreement, Developer shall use Kadler Avenue for construction of the building on Lot 1,Block 1 of Said Plat, including transporting materials and equipment into the building prior to startup from Said Plat. Upon the construction of Kadler Avenue as a paved street, Developer shall establish at least one driveway entrance from Kadler Avenue to Developer's parking lot on said Lot 1 and all trucks leaving said Lot 1 loaded with portions of prefabricated housing units shall exit said Lot 1 using Kadler Avenue. Developer shall employ good faith efforts to require its suppliers to deliver materials and supplies that are transported on trucks longer than 30 feet in length via Kadler Avenue and not via 67th Street except when Kadler is not available for use due to construction or maintenance. Prior to construction of Kadler Avenue as a paved street but after Developer begins using Kadler Avenue for construction on Said Plat, Developer shall maintain Kadler Avenue in manner similar to its condition immediately prior to such use by Developer. Upon request by the City, the Developer shall, within five business days regrade Kadler Avenue and install more class 5 gravel where necessary to maintain a smooth and safe road surface. 4 Agenda Page 47 J. Trucks leaving said Lot 1 loaded with portions of prefabricated buildings shall not leave the site between the following hours: No prefabricated buildings shall leave said Lot 1 during the hours of 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday through Friday. Within the City of Albertville, Developer shall use only Kadler Avenue, 70th Street, County Highways, State Highways or Federal Highways when transporting portions of prefabricated buildings from said Lot 1, unless Kadler Avenue is unavailable due to construction or maintenance, in which case 67th Street may be used. K. No building permits shall be issued for any building on Outlot C of Said Plat until such outlot is replatted as a numbered lot and block compliant with the Albertville Subdivision and Zoning Codes. L. The ditches located on Outlots A and C of Said Plat shall be cleaned and graded by Developer at Developer's expense to a minimum standard of a four-foot bottom with 3-to-1 side slopes, said cleaning to be completed by October 31, 2022. M. All existing field approaches from 70th Street shall be removed by Developer at such time as Karmen Avenue is extended to 70th Street. Prior to such extension, such field approaches shall be used only for agricultural purposes. N. All private utilities installed on Karmen Avenue shall be installed underground in a j oint trench. O. Developer shall install outdoor lighting in accordance with the Plans and Specifications for AVA Addition, as prepared by Landform dated August 9, 2021 attached as Exhibit C. 2. Conditional Use Permit for Outdoor Storage. Developer is granted a Conditional Use Permit for outdoor storage of finished prefabricated building units, subject to the following limitations: A. The Developer may store finished prefabricated building units only in those areas marked "outdoor storage areas" on the attached Exhibit D. All such storage areas shall be constructed of a durable impervious surface such as gravel or pavement that properly drains. B. A security fence shall be installed as shown on the attached Exhibit D. 5 Agenda Page 48 C. The width of the screening/buffer yard alongside the single-family home in the southwest corner of the site shall be 20 feet. D. The Developer shall store snow plowed from the parking lot of said Lot 1 in the locations shown on the attached Exhibit E. E. Only finished prefabricated building units may be stored in the approved outdoor storage area. 3. Conditional Use Permit for Outdoor Display. Developer is granted a Conditional Use Permit for outdoor display of model finished prefabricated building units on said Lot 1 in that area east of the proposed building as shown on the site plan attached as Exhibit F, subject to the following limitations: A. Outdoor display activities shall be specifically limited to the boundaries of the four display areas depicted on the site plan attached as Exhibit F. B. The surfacing material of the outdoor display area shall be constructed of a durable impervious surface such as gravel or pavement that properly drains. C. Only model finished prefabricated building units may be stored in the approved outdoor display areas. 4. Construction of Municipal Improvements. A. The Developer shall construct those municipal improvements located on and off Said Plat as detailed in the Plans and Specifications for AVA Addition, as prepared by Landform dated August 9, 2021 attached as Exhibit C,said improvements to include installation of water main, sanitary sewer main, storm water treatment ponds, street lights, curb and gutter located within the street right of way, storm sewer located in the street right of way and storm sewers draining from the street to the storm water treatment ponds, Karmen Avenue as set forth in paragraph 1.I.1. of this Agreement, ditch cleaning as required by paragraph LL of this Agreement and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices (collectively, the "Municipal Improvements"). All the Municipal Improvements shall be constructed according to the standards adopted by the City,along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31, 2022, except the 6 Agenda Page 49 construction of Kadler Avenue as set forth in Paragraph 1.L11, which shall be completed by October 31, 2023. B. The Developer shall provide the City with record drawings for all Municipal Improvements, consistent with City requirements and subject to review and approval of the City Engineer. Record drawings shall be certified by a registered land surveyor or engineer that all ponds, swales, emergency overflows, and Municipal Improvements have been constructed on public easements. Such record drawings shall be provided in paper and/or electronic formats as required by the City Engineer and shall meet all applicable State requirements for such drawings. C. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such Municipal Improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction,said warranty to apply both to poor materials and faulty workmanship. D. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said Municipal Improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers,the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. E. The City shall, at its option,have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all reasonable costs incurred by the City during said inspections. F. The Developer shall be responsible, at Developer's expense, for plowing snow from all streets in Said Plat that do not have wear course installed. Such plowing shall be done in a manner and on a timeline consistent with the way the City plows its other residential streets. Developer shall be responsible for repairing all damage which occurs to streets and utilities as a result of snow plowing when such streets do not have the wear course of bituminous installed. 5. Construction of Private Improvements. 7 Agenda Page 50 A. Developer shall construct all on- and off-site improvements ("Private Improvements") including installation of storm sewer not located in the street right of way and not conveying water from the street, water main (located north and west of the building proposed to be located on said Lot 1),boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. All yard areas shall be sodded with grass or landscaped in accordance with the attached Landscaping Plan. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. Erosion control, drainage swales and berming,shall be installed upon initial grading of Said Plat. The grading of Said Plat shall be performed in accordance with the Plans and Specifications for AVA Addition, as prepared by Landform dated August 9, 2021 attached as Exhibit C. B. Developer shall, at its own expense, cause electrical, gas and communications utilities to be installed within Said Plat,including from 70th Street to the existing 67th Street within the Karmen Avenue right of way, all such items to be installed underground in a common trench, within the street right of way or such other location as may be approved by the City Engineer, and in compliance with all applicable state and local regulations. In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Developer agrees to have all utilities installed at its expense according to Plans and Specifications for AVA Addition,as prepared by Landform dated August 9, 2021 attached as Exhibit C. E. Notwithstanding the requirements of subparagraph 3A above, the Developer shall install to the City's satisfaction said Private Improvements for said Lot 1 prior to the date that a certificate of occupancy(temporary or permanent)is issued by the City for a building located on the Lot, unless the certificate of occupancy is issued after October 1st and before March 30th in any given year, in which case a certificate of occupancy shall be issued if all Private Improvements except landscaping and sod have been installed.In such cases,the owner of the lot shall cause the required landscaping and sod to be installed by the first June 30'following the issuance of the occupancy permit. 8 Agenda Page 51 6. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of$2,040,045.00, representing the sum of 100% of the estimated cost of the Municipal Improvements ($1,057,520.00), 50% of the cost of selected Private Improvements, ($926,815.00), $1,500 per acre for erosion and sediment control over 27 acres ($42,990.00), and 150% of the estimated cost for landscaping/screening materials ($12,720.00). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank (the issuing bank must be an FDIC insured bank located within 100 miles of the City of Albertville) and must be available in its entirety to fulfill the obligations of the Developer under this Agreement. The letter of credit to the City shall contain language requiring its automatic renewal prior to December 31 of each calendar year unless the issuer of the letter of credit provides written notice to the City at least 45 days prior to the expiration of the letter of credit of the issuer's intent not to renew the letter of credit. Developer agrees that none of the lots or outlots on Said Plat may be replatted nor shall a building permit be issued for any such lot until said letter of credit is provided to the City. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to Private Improvements, Municipal Improvements and Landscaping Improvements described above, erosion control, and other such measures, to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. Said letter of credit must be maintained by Developer at all times at the level provided in paragraph 6.A above or a lesser amount authorized by the City Council pursuant to paragraph 7.13 below. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty(30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security,the City 9 Agenda Page 52 will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. E. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may expire or become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may, without notice to Developer, declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion,upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. Developer shall maintain said letter of credit in the amount required by the City at all times. F. In the event the Developer files bankruptcy or in the event a bankruptcy proceeding is filed against Developer by others and is not dismissed within 60 days, or in the event a court appoints a receiver for the Developer, the City may draw on its letter of credit or surety in its full amount to secure its surety position. The City shall then release the remainder of said letter of credit or surety to the bankruptcy court or receiver in the same manner that it would be required to release the letter of credit under this Agreement. 7. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements, Private Improvements or Landscaping, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements, Private Improvements, or Landscaping which have been fully completed and payment made 10 Agenda Page 53 therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the required improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. ill. When all or a portion of the landscaping improvements have been installed pursuant to the Plans and Specifications for AVA Addition, as prepared by Landform dated August 9, 2021 attached as Exhibit C, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of such landscaping improvements installed, except the City shall retain the letter of credit or surety in the amount of 25%of the estimated Landscaping Improvement costs for two years from the time of the installation of said landscaping materials. iv. As to all requests brought under this paragraph,the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The City shall act upon Developer's letter of credit reduction requests within 35 days of submission of a written request for reduction. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within 30 days of billing. 8. Abandonment of Proiect- Costs and Expenses. 11 Agenda Page 54 In the event Developer should abandon the proposed development of Said Plat,the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground-cover to prevent continuing soil erosion from Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground-cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the above-mentioned surety for the purpose of paying the costs referred to in this paragraph. 9. Developer to Pav City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering, and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of properties in Said Plat without objection. 10.Development Related Fees and Credits. A. Sanitary Sewer and Water Trunk Line Fees. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line Fee Ordinance currently requires the Developer to pay $2,055.00 per acre and $1,925.00 per acre respectively, upon development of said Plat. There are 28.66 acres in said Plat to which the Trunk Charges apply,which received final plat approval(said Lot 1,Kadler and Karmen Avenues, but excluding wetland and outlots). Therefore, the Sanitary Sewer and Water Trunk Line Fees for the numbered lots receiving final plat approval are $114,066.80($58,896.30 in sanitary sewer trunk line 12 Agenda Page 55 fees calculated as $2,055.00 x 28.66 acres and $55,170.50 in water fees calculated as $1,925.00 x 28.66 acres). B. Storm Water Utility Connection Charge. Developer agrees that the City's Storm Water Utility Connection Charge Ordinance requires the Developer to pay $1,500 per acre for all acres included in said Lot 1 upon application for a building permit on said Lot 1. C. SAC and WAC Charges. Developer agrees that the City's Sewer Access Charge("SAC") and Water Access Charge ("WAC") ordinances require the Developer to pay applicable SAC and WAC upon application for a building permit on said Lot 1. D. Administrative Fee. A fee for City administration of this project shall be paid prior to the City executing the Plat and this Agreement. Said fee shall be 3.5% of the estimated construction costs of the Municipal Improvements within the Plat. The administrative fee for this Plat is $37,013.20. 11.Erosion and Siltation Control. Developer shall implement all erosion control measures detailed in the Storm Water Pollution Prevention Plan ("SWPPP") and on the Grading and Drainage Plan (including construction of all temporary and permanent ponds) in the order required by the City Engineer. Developer shall also implement any additional erosion control measures required by the City Engineer and shall abide by all erosion control requirements contained in the Albertville Subdivision Ordinance and as required by the NPDES Construction Stormwater Permit for the project. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and/or the requirements of the NPDES Construction Stormwater Permit, the City may take such action as it deems appropriate to control erosion, and the landowner hereby grants the City permission to enter upon the land and take such necessary erosion control actions. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs or may specially assess Developer's land for the costs not covered by the letter of credit. No development will be allowed and 13 Agenda Page 56 no building permits will be issued unless the development is in full compliance with the erosion control requirements. 12.Drainage Requirements. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Said Plat may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 13.Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub-base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets,utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days of notice to the Developer provided by the City if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may immediately undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorney's fees incurred by the City as a result of such legal action. 14.Temporary Easement Rights. 14 Agenda Page 57 Developer shall provide access to Said Plat at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 15.Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause,paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the Subject Property. F. The Developer represents to the City that Said Plat and its related submissions (including but not limited to the grading plan, utility plan, and site plan) comply with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on Said Plat, Developer shall provide the City with evidence of good and marketable title to all of Said Plat, provided that Developer 15 Agenda Page 58 shall provide an executed mortgage subordination agreement from all mortgage holders subordinating such mortgages to the terms of this Agreement. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. I_ Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer, Wright County and/or the State of Minnesota for the construction of the Municipal Improvements and the On- and Off-Site Improvements. 16.Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof(via certified mail with a courtesy copy sent via email), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer,the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 16A above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard,provided that the City makes good-faith,reasonable efforts to notify the Developer as soon as is practicable of the default, the projected 16 Agenda Page 59 irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 16A of this Agreement shall not apply to any acts or rights of the City under paragraph 6E of this Agreement, and no notice need be given to the Developer as a condition precedent to the City drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. D. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 17.Dedications to the City. A. Municipal Improvement Dedications. The Developer, upon presentation to the City of evidence of good and marketable title to Said Plat, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all street right-of-ways and drainage and utility easements to the City. Upon acceptance of dedication,Developer shall provide to the City"As-Builts"(both in paper form and electronic form as required by the City Engineer) of all publicly dedicated streets, utilities, storm sewers, storm water ponds and other Municipal Improvements required under this Agreement. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park Dedication. The Developer is required to pay a cash contribution of $60,000 in satisfaction of the City's park and trail dedication requirements. This charge is calculated as follows: 24 acres (Lot 1 acreage) x $2,500 per acre = $60,000. C. Outlots Containing Wetlands and Wetland Buffer Areas. Upon the replatting of outlots containing wetlands and wetland buffer areas into numbered lots, such wetlands and buffer areas shall remain in an outlot and such outlot shall be dedicated to the City. 17 Agenda Page 60 D. Stormwater Retention and Treatment Ponds and Basins. i. Developer shall dedicate drainage and utility easements to the City over all stormwater retention and treatment ponds and basins. Developer shall be required to maintain all such ponds (except the two ponds located on Outlot A which shall be maintained by the City), in accordance with the terms of the Stormwater Maintenance Agreement attached as Exhibit G. ii. Upon dedication to the public of the easements set forth in paragraph 17.D.1 of this Agreement, the City may drain water from Kadler Avenue into said easement areas. ill. Developer shall enter into that Storm Water Maintenance Agreement attached as Exhibit G and shall comply with the terms of such Agreement. 18.Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 19.Assignment of Contract. The obligations of the Developer under this Contract can be assigned by the Developer. However, the Developer shall not be released from its obligations under this contract without the express written consent of the City Council through Council resolution. 20.Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 21.Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include 18 Agenda Page 61 attorney's fees, engineer's fees,planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's fees and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 22.Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 23.Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 24.Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Advanced Volumetric Alliance, LLC Attn: Casey Darkenwald 7535 River Road NE Otsego, MN 55330 Email: casey@darkenwaldcorp.com 25.Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. 19 Agenda Page 62 CITY OF ALBERTVILLE By Its Mayor By Its Clerk ADVANCED VOLUMETRIC ALLIANCE, LLC By: Casey Darkenwald Its: President DARKENWALD HOLDINGS, LTD. By: Casey Darkenwald Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2021, 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. 20 Agenda Page 63 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2021, by Kris 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 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of August, 2021, by Casey Darkenwald as President of Advanced Volumetric Alliance, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of August, 2021, by Casey Darkenwald as President of Darkenwald Holdings, Ltd., a Minnesota corporation, on behalf of the corporation. 21 Agenda Page 64 Notary Public DRAFTED BY: Couri & Ruppe Law Office P.O. Box 369 St. Michael,MN 55376 (763) 497-1930 22 Agenda Page 65 EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lots 1 Outlots A and B and C All such property in the plat of AVA Addition, as said plat is on file in the Wright County Recorder's Office, Wright County, Minnesota. 23 Agenda Page 66 EXHIBIT B Final Plat EXHIBIT C Plans and Specifications dated August 9, 2021 EXHIBIT D Outdoor Storage Area and Fence Plan EXHIBIT E Snow Storage Area EXHIBIT F Outdoor Display Area EXHIBIT G Stormwater Maintenance Agreement 24 Agenda Page 67 SUBORDINATION AGREEMENT Date: August , 2021 THIS SUBORDINATION AGREEMENT ("Agreement") is entered into by and between the City of Albertville, a statutory city and political subdivision of the State of Minnesota(the "City") and CSM FINANCIAL L.L.C., a Delaware limited liability company ("Lender"). FOR VALUABLE CONSIDERATION and on the terms and conditions of this Agreement, the Lender subordinates its liens on certain real property in Wright County, Minnesota(the "Property"), described as follows: Lot 1, Block 1 and Outlots A, B and C, all said property is located in AVA Addition, according to the plat of record in the office of the Wright County Recorder, County of Wright,Minnesota; such liens are evidenced by the following mortgage executed by Darkenwald Holdings, Ltd., a Minnesota corporation, as mortgagor,to Lender, as mortgagee: A mortgage dated August 27, 2012, and filed for record September 13,2012, as document number A1213189 in the office of the county recorder of Wright County,Minnesota; to that certain document titled City of Albertville Development Agreement/Conditional Use Agreement AVA Addition dated August 16, 2021 (the"DA"), subsequently filed for record as Document Number in the Office of the Wright County Recorder, subject to the following conditions: L In the event that Lender forecloses on the Property, the City agrees to forbear from requiring Lender to undertake any of the obligations of the"Developer"set forth in the DA from the time that Lender should take title to the Property until such time as (i)Lender shall transfer title of the Property to any other person or entity; or(ii)Lender desire to commence any improvement on the Property. During the term of the forbearance of this paragraph,no part of the Property shall be considered a buildable lot and the Lender shall not be granted a building permit or otherwise be allowed to improve or further subdivide the Property. Notwithstanding anything to the contrary, in the event Lender transfers title to any part of 1 Agenda Page 68 the Property following a foreclosure to any other person or entity,including an affiliate or subsidiary of Lender(a"Grantee"),the Grantee shall take title subject to the DA and assume the rights and obligations of the Developer described therein. 2. The Lender may request the City lift the forbearance terms described above by signing and recording the Consent and Confirmation to Development Agreement attached hereto as Exhibit A, or the Lender may enter into a new development agreement subject the City's approval. 3. This Agreement may be executed in counterparts,which,taken together, shall constitute one original. 4. This Agreement shall run with the land and shall be binding upon and extend to the representatives,heirs, successors, and assigns of the parties hereto. Whereas,the undersigned agrees to the Subordination Agreement as of the date first written above. CSM FINANCIAL L.L.C., a Delaware limited liability company By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of August 2021,by ,the of CSM FINANCIAL L.L.C., a Delaware limited liability company, on behalf of the company. Notary Public 2 Agenda Page 69 CITY OF ALBERTVILLE. a statutory city and political subdivision of the State of Minnesota By Its Mayor By Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 16th day of August 2021, by Jillian Hendrickson as Mayor of the City of Albertville, a statutory city and political subdivision of the State of Minnesota, 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 16th day of August 2021, by Kris Luedke, as Clerk of the City of Albertville, a statutory city and political subdivision of the State of Minnesota, on behalf of the city and pursuant to the authority of the City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Couri & Ruppe, P.L.L.P. P.O. Box 369 St. Michael,MN 55376-0369 (763) 497-1930 3 Agenda Page 70 Exhibit A CONSENT AND CONFIRMATION TO DEVELOPMENT AGREEMENT Pursuant to the terms of that certain Subordination Agreement dated the 161h day of August 2021 for the real property legally described as Lot 1, Block 1 and Outlots A, B and C, all said property is located in AVA Addition, according to the plat of record in the office of the Wright County Recorder, County of Wright,Minnesota; CSM FINANCIAL, L.L.C., a Delaware limited liability company ("Lender"), requests that the City of Albertville lift its forbearance of the Developer's obligations set forth in the City of Albertville Development Agreement/Conditional Use Agreement AVA Addition dated August 16, 2021 (the "DA") and recorded as Document Number in the Office of the County Recorder of Wright County. By signing below, Lender, hereby agrees to terms and conditions of the DA, including without limitation, the obligations of the Developer set forth therein. [remainder ofpage left blank intentionally signature to follow] A-1 Agenda Page 71 IN WITNESS WHEREOF, the undersigned have executed this instrument effective this day of , 20 CSM FINANCIAL L.L.C., a Delaware limited liability company By: Its: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN_ ) The foregoing instrument was acknowledged before me this day of , 20 , by , the of CSM FINANCIAL L.L.C., a Delaware limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Court &Ruppe, P.L.L.P. P.O. Box 369 St. Michael,MN 55376-0369 (763) 497-1930 A-2 Agenda Page 72 �bcrt I.aig vi 1 1ty 1 r c Smolt Town UWnIl . Mayor and Council Communication August 16, 2021 SUBJECT: ADMINISTRATION—CITY SURVEY DISCUSSION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: Provide direction to City Staff as to whether they wish to make move forward with a City-Wide Survey. BACKGROUND: At the May 17, 2021, City Council meeting, City Administrator Nafstad provided the Council with information on difference options that the City could use for a city- wide survey. One of the options discussed was from F1ashVote which is the company some of our neighboring cities are currently using. At the meeting, Council discussed the different survey options that could be used to collect community feedback,possible question topics and the possible costs associated with conducting a city-wide survey. The Council's consensus was for staff to collect additional information and bring it back to a future Council meeting for discussion. After researching different options, staff preferred Flashvote because it offers short surveys that take less than one minute a month with the survey results being available to City staff and all respondents immediately after the two day survey window closes. With Flashvote,Albertville residents would receive up to six different five question surveys throughout the year which could help the City better understand the community feeling towards different topics. KEY ISSUES: • Flashvote has modernized scientific community surveys that take community members one minute a month to complete. • Flashvote would assist the City in drafting professional, custom questions on the topics that are important to our community, then they would launch the questions and supply the City and residents with the reporting results. • Residents could participate in the surveys by email, text or through a phone call. POLICY/PRACTICES CONSIDERATIONS: The Mayor and Council have the authority to approve agreements for the City. FINANCIAL CONSIDERATIONS: If Council decided to move forward with a city-wide survey with Flashvote, the cost would be a one-time implementation fee of$1,000 which includes in part working with the City to develop an outreach strategy, provide messaging samples, create a customized promotion video if desired and review the initial and ongoing panel results. Then the fee would be $4,900 per year to review the data,provide expert survey design and quality control of all survey questions, creation of up to 6 custom community surveys and send the emails, text message and phone calls to collect data within 48 hours. Submitted Through: Adam Nafstad/City Administrator-PWD Agenda Page 73 .A\1bcrtvi11- City Administrator's Update Small Town Living.Big CRy Llre. August 12, 2021 GENERAL ADMINISTRATION Dog Licensing Ordinance Amendments: On the August 12, the amended Animal Control Ordinance became effective which eliminates the requirement for Albertville residents to license their dogs with the City. To get the word out, staff has updated the City's website with this information and posted an article on our Facebook page. Joint Governance Meeting: The Joint Governance meeting with the City of St. Michael and the STMA School Board is scheduled for August 30, 2021 at 6 pm in the STMA Board Room at the STMA Middle School West. St. Michael Daze and Knight Social: The St. Michael City Council has invited the Albertville Council and staff to a social hour during the annual Daze and Knights celebration on August 13 at 5 pm at the tent located between the St. Michael City Hall and Allina Clinic. Advanced Volumetric Alliance: AVA is working to finalize the development agreement, which will be included as an agenda item at the meeting. It is understood AVA is working towards closing on the property at the end of the month and expects to commence construction immediate upon closing. The Preserve at Albertville: The Developer will be working to finalize the plat, plans and Development agreement over the next few weeks. A public hearing for an easement vacation, related to the sanitary sewer relocation, is being held as part of the meeting. It is expected work on the site may begin in August. Additionally, a purchase agreement for Joint Powers Water to buy the two adjacent outlots is currently being reviewed by both parties. STMA Ice Arena: The city is reviewing applications received for the full time shift supervisor position and will be interviewing applicants the week of the 23rd. Staff is in discussions with Hat Trick Hockey regarding retail space at the arena, and is in discussions will a potential vendor for the concession stand. The Arena Board reviewed both topics at their August meeting. City Owned Outlot B, Northwest Commercial Park: Outlot B (PID 101091000020) is located on 67t" Street NE behind the Premium Outlets. Staff is in discussions with a potential buyer/user and would like to discuss the sale of his lot at the meeting. Community Survey: This topic is included as an agenda item for the meeting. Agenda Page 74 Valerian Development Concept: Staff is working with the Development group to address the concerns and direction provided by the City regarding the commercial/high density development concept. It is expected the Development group will be seeking further feedback from the City Council at a future meeting. ENGINEERING/PUBLIC WORKS Preserve at Albertville: Included as an agenda item is the traffic study for the Preserve at Albertville. The Final Plat was approved at the July 19 City Council meeting. The study concludes that the proposed turn lane and related improvements to 50t" Street NE are sufficient to accommodate the proposed development. The study also proposes options for pedestrian crossing for the City to consider. 2021 Street Project: The project is generally complete with the exception of some punchlist items. Skate Park/Basketball Court: The skate park concrete work is complete and Omann's Bros. is working on site grading around the skate park and basketball court areas. Barthel Industrial Drive: We are beginning the preliminary engineering and surveying on Barthel Industrial Drive in preparation for a 2022 project. This project will largely be funded by the 2020 LRIP funds. City Administrator's Update Page 2 of 2 August 12, 2021 Agenda Page 75