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2020-03-16 City Council Agenda Packet
lbertvill� . Sma„ LMng.019 uf6. Cityof Albertville Council Agenda g Monday, March 16, 2020 City Council Chambers 7:00 p.m. PUBLIC COMMENTS-The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest.Citizens wishing to address the Council regarding specific agenda items,other than public hearings,are invited to do so under Public Forum and are asked to fill out a"Request to Speak Card". Presentations are limited to five(5)minutes. 1. Call to Order 2. Pledge of Allegiance—Roll Call 3. Recognitions—Presentations—Introductions 4. Public Forum—(time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the March 2, 2020 regular City Council meeting minutes as presented(pgs 4-9) B. Authorize the Monday, March 16, 2020 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request (pg 10) C. Approve Pay Estimate 7 to Latour Construction, Inc. in the amount of$314,008.53 for WWTP and Discharge Improvements 7. Public Hearings—None 8. Wright County Sheriffs Office—Updates, reports, etc. A. February Monthly Report(pgs 11-21) B. February Summary of Hours (pgs 22-24) P:\City Council\Council Agendas\2020 Agenda Packets\2020-03-16 City Council Agenda.docx Meeting Date:March 16,2020 Agenda Page 1 City of Albertville Council Agenda Monday, March 16, 2020 Page 2 of 3 9. Department Business A. Planning/Zoning 1). Heuring Meadows Commons (pgs 25-175) a. Final Plat, PUD Final Stage Site and Building Plans Presentation—City Planner Brixius b. Developer's Agreements for Lots 1 and 2 Presentation—City Attorney Couri C. (Motion to Adopt Resolution Number 2020-010 approving the Final Plat, PUD Final Stage site and building plans for the project entitled Heuring Meadow Commons for Outlot A of Heuring Meadows in Albertville) d. (Motion to Approve developer's agreements for Lots 1 and 2 of Heuring Meadows Commons) B. City Council 1). Committee Updates (STMA Ice Arena, Planning, .IPWB, Parks, Fire Board, FYCC, etc) C. City Clerk 1). Annual Renewal of Liquor Licenses (pgs 176-177) (Motion to Approve the 2020 annual renewal of liquor licenses listed in the staff report contingent on full payment of license fees,proof of liquor liability insurance,payment of any outstanding fees/fines/taxes,payment of investigation fee to Wright County and successful results of said investigation, and compliance with all building and fire regulations) 2). 3.2% Malt Liquor License for Coborns Incorporated, located at 5698 LaCentre Avenue NE (pgs 178-188) (Motion to Approve a 3.2%Malt Liquor Licenses for Coborn's grocery store, 5698 LaCentre Avenue NE, contingent upon successful background check and payment of Wright County investigation fee.) 3). Set Workshop for Planning Commission Interviews for 6:00 p.m. on Monday,April 20, 2020 (Motion to set a City Council Workshop for Planning Commission Interviews for 6:000 p.m. on Monday, April 20, 2020) D. Legal 1). Solicitor Ordinance-Discussion (pgs 189-198) E. Public Works/Engineering 1). 2020 Street Improvements (pgs 199-203) (Motion to Approve Resolution No. 2020-011 entitled A Resolution Accepting Low Bid for 2020 Street Improvements.) F. Building—None G. Fire—None P:\City Council\Council Agendas\2020 Agenda Packets\2020-03-16 City Council Agenda.docx Meeting Date:March 16,2020 Agenda Page 2 City of Albertville Council Agenda Monday, March 16, 2020 Page 3 of 3 H. Finance—None I. Administration 1). City Administrator's Update (pgs 204-205) 10. Announcements and/or Upcoming Meetings March 23 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. March 30 Joint Governance Meeting, 6:00 p.m., STMA MSW April 6 Local Board of Appeal and Equalization, 6:15 p.m. City Council, 7:00 p.m. April 13 STMA Ice Arena Board, 6:00 p.m. April 14 Planning Commission, 7:00 p.m. April 20 Planning Commission Interviews, 6:00 p.m. City Council, 7:000 p.m. April 27 Joint Powers Water Board, 6:00 p.mm. Parks Committee, 7:00 p.m. MARCH APRIL Su M Tu W Th F Sa Su M Tu W Th F Sa 1 cc 2 3 4 5 6 7 1 2 3 4 PC 8 Ice 9 10 11 12 13 14 5 CC 6 7 8 9 10 11 15 �� 16 17 18 19 20 21 12 Ice 7 3 PC 14 15 16 17 18 22 JP 23 PK 24 25 26 27 28 19 cc 20 21 22 23 24 25 29 JM 30 31 26 JP 27PK 28 29 30 11. Adjournment P:\City Council\Council Agendas\2020 Agenda Packets\2020-03-16 City Council Agenda.docx Meeting Date:March 16,2020 Agenda Page 3 Albertville s.-.Town IJ ..Blg My IYt. ALBERTVILLE CITY COUNCIL Monday, March 2, 2020 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER-PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:04 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Councilmembers Halling, Hudson and Olson Councilmember Cocking arrived at 7:21 p.m. Absent: None Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Alan Brixius, Fire Chief Eric Bullen, and Finance Director Tina Others Present: Bob Zagorski, Alyssa Gallagher, Frank Halling, Miss Albertville Kallyn, Albertville Princess Greta, and Albertville Princess Olivia 3. RECOGNITIONS—PRESENTATIONS—INTRODUCTIONS A. Albertville Royalty Program Hendrickson recognized the Albertville Royalty. Princess Greta updated the Council on the program's activities since Friendly City Days. She stated that over the summer they were very busy with parades and since the beginning of the school year, they have focused their efforts on fundraising. They also meet at Engel Haus monthly for meals and will soon be working on candidacy for the Royalty program. She stated the year has gone by quite quickly. Miss Albertville Kallyn thanked the Council for having them at the meeting tonight. She stated that she will be representing Albertville in July during the Aquatennial and Queen of the Lakes process and she is very much looking forward to it. Gallagher stated that she had heard about sponsorship opportunities for the Aquatennial, but since learned that it is more of an overall fundraiser rather than the opportunity for each city to sponsor their representative. Gallagher stated that she very much appreciates the ability to come to Council multiple times throughout the year to update them on the program's activities. B. Oath of Office—Walter Hudson Page 1 Agenda Page 4 City Attorney Couri administered the official oath of office to Walter Hudson for the seat of City Councilmember. Hendrickson welcomed Hudson back to the City Council. 4. PUBLIC FORUM There was no one present for the forum. 5. AMENDMENTS TO THE AGENDA There were no amendments to the agenda. Motioned by Cocking seconded by Olson, to approve the Agenda as presented. Ayes: Hendrickson, Cocking,Halling,Hudson and Olson. Nays:None. Absent.None. MOTION DECLARED 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. These items will be approved by a separate motion. A. Approve the February 3, 2020 regular City Council meeting minutes as presented B. Authorize the Monday, March 2, 2020 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request C. Approve Resolution No. 2020-007 Confirming Polling Locations for the 2020 elections D. Approve Resolution No. 2020-008 Accepting Donations from the Albertville Lions Club to the City of Albertville E. Accept the Accounts Receivable Report F. Approve Pay Estimate 6 to Latour Construction, Inc. in the amount of$249,057.23 for WWTP &Discharge Improvements G. Adopt Resolution 2020-XXX approving an Off-Site Gambling Permit for the STMA Youth Hockey Association for the STMA Ice Arena on March 21, 2020 Olson amended the agenda to indicate Resolution 2020-009 for Item G. Motioned by Cocking, seconded by Olson, to approve the Consent Agenda as amended. Ayes: Hendrickson, Cocking,Halling,Hudson and Olson. Nays:None. Absent.None. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS—None 8. WRIGHT COUNTY SHERIFF'S OFFICE—Updates, reports, etc. A. 2019 Annual Activity Report Hudson inquired what snowbird calls are. Nafstad replied that they are those who violate the winter parking restrictions and receive a ticket. City Council Meeting Minutes Page 2 Regular Meeting of March 2,2020 Agenda Page 5 B. January 2020 Monthly Report There were no questions on the report. 9. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc) I-94 West Corridor Coalition Olson reported that the BUILD grants for Albertville to Monticello I-94 improvements did not make it to the transportation secretary's desk. He stated there were a number of factors such as not enough business or congressional involvement. He stated only two legislators called on behalf of the project and that was Emmer and Phillips. Nafstad reported that over the weekend they learned that MnDOT may not pursue funding through the next round of BUILD grants. He stated they are working to learn why MnDOT would not want to submit another application. He said it is disappointing to hear and Olson stated that funding is usually approved on the second or more request. Olson stated that at the 7W District 3 meeting, MnDot was looking at manufacturing feedback as well as a freight plan. Hendrickson thanked Olson for attending the meetings. Joint Powers Water Board Olson reported that the watermain replacement under CSAH 19 came in $200,000 over the original bid,but the main is over 40 years old so the work must be done. Overall the project is under the estimate except the watermain portion. The other item was discussion of purchasing a generator for the water building. It was tabled for now. The current generator is only capable of providing energy to one portion of the plant and the goal would be to have a generator with more capability in order to have running water during an emergency. Olson stated they did receive $10,000 in grant funds for the new generator. B. Planning/Zoning 1). Planning Commission Code Amendment Brixius reported the amendment removes the alternate from the commission. He stated that the commission hasn't had the need for an alternate with the Council liaison being able to vote. Nafstad stated that the alternate was put in place years ago due to attendance issues. Even if the alternate is not eliminated, he felt they may want to amend the wording in the City Code to clarify who votes when there is an absence. Cocking inquired why the commission can't be a total of three commissioners and Brixius felt that a five-member commission is as small as they should have in order to make sure there is a quorum so that business can still be conducted. Hudson reported that when the alternate was added there was a high interest in the Planning Commission. Brixius stated there are different sized commissions throughout the state, they just need to have an odd number in order to achieve majority votes. Olson stated that attendance has been good lately. Hudson stated that when he was the liaison, there was some confusion as to the level of participation that should be had by the Council liaison. Brixius stated that there is no issue with the liaison participating in the discussion but there is a conflict of the liaison voting if the entire commission is present. City Council Meeting Minutes Page 3 Regular Meeting of March 2,2020 Agenda Page 6 Halling had minor grammar corrections to the ordinance. Motioned by Olson, seconded by Hailing, to Adopt Ordinance No. 2020-02 amending the Albertville City Code Title 2,Boards and Commissions, Chapter 2, Planning Commission. Ayes: Hendrickson, Cocking,Hailing,Hudson and Olson. Nays:None. Absent.None. MOTION DECLARED CARRIED. C. Fire—None 1). Purchase of 30 Structural Firefighting Helmets Bullen reported that the 2009/2010 the department received 40 helmets,but they expire in 2020. This is a planned purchase and will come out of capital. The request is for 30 helmets as they have purchased some replacements in previous years. Motioned by Cocking, seconded by Hudson, to Authorize the purchase of 30 structural firefighting helmets for the Fire Department. Ayes:Hendrickson, Cocking,Hailing,Hudson and Olson. Nays:None Absent.None. MOTIONDECLARED CARRIED. 2). Purchase of 28 Pairs of Wildland Firefighting Pants Bullen reported there are two retirees that will not need pants as they are retiring. The pants are individually fitted to each firefighter. Any new members will get the pants as part of their onboarding costs. He stated that the department received a MN DNR matching grant of$10,000 for wildland gear. The pants cost $8,654 with the remainder of the grant funds going towards the wildland helmets. Motioned by Olson, seconded by Cocking, to Authorize the purchase of 28 pairs of wildland firefighting pants for the Fire Department. Ayes:Hendrickson, Cocking,Hailing,Hudson and Olson. Nays:None Absent.None. MOTIONDECLARED CARRIED. Bullen reported that there has been a lot of information on the coronavirus being redistributed on social media; however, he will only pass along information as it specifically relates to Albertville. If Council wants additional information, he would be happy to supply it. Nafstad asked about an update on the Northern Recycling fire and Bullen replied the fire is out and they will submit an invoice for personnel costs. He reported many cities sent resources to help out. Nafstad asked about health and environmental concerns and Bullen stated they need to wait for official results. D. Finance—None 1). Wl Quarter Budget to Actual Report Lannes reported the report is un-audited and is not final numbers. She pointed out that the City received Fire Aid for 2018 and 2019 in 2019. Nafstad clarified that the city will finish 2019 in the black. Motioned Olson, seconded by Hailing, to Accept the 2019 414 Quarter Budget to Actual Report— Unaudited Ayes:Hendrickson, Cocking,Hailing,Hudson and Olson. Nays:None. Absent. None. MOTIONDECLARED CARRIED. City Council Meeting Minutes Page 4 Regular Meeting of March 2,2020 Agenda Page 7 E. City Clerk—None F. Public Works/Engineering—None G. Building—None H. Legal—None I. Administration 1). City Administrator's Update Nafstad reported he is looking for feedback on the Planning Commission vacancies. He stated Hudson's seat is now open and there are two terms that are expiring. He would like to know when Council would like to do interviews. Cocking inquired if there is any urgent Planning business that needs to be addressed. Brixius replied the March meeting will be cancelled but there could be development applications for the April meeting. Council discussed and would like to receive additional applications. Hudson inquired if they can even hold a Planning Commission meeting without three members and Nafstad replied that he believed both Klecker and Brempell would be willing to serve until the seats are filled if needed. The Council decided to hold Planning Commission interviews on Monday, April 20, 2020 at 6:00 p.m. Hendrickson inquired about the resignation from the Parks Committee and Nafstad stated that process is a bit different where the committee interviews candidates and then recommends an appointment to the Council. Nafstad reported that Kwik Trip is moving forward and has hard construction dates. Olson left the meeting at 7:57 p.m. Nafstad stated staff is working with Stinson to lobbying for state bonding money to eliminate the use of non-native phragmites at the WWTP. Nafstad reminded Council of the third Council meeting in March, which is the Joint Governance meeting with the City of St. Michael and ISD#885 School Board. That meeting will be on Monday, March 30, 2020 at 6:00 p.m. at STMA Middle School West. 10. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS March 9 STMA Ice Arena Board, 6:00 p.m. March 10 Planning Commission, 7:00 p.m. - CANCELLED March 16 City Council, 7:00 p.m. March 23 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. March 30 Joint Governance Meeting, 6:00 p.m., Middle School West April 6 City Council, 7:00 p.m. City Council Meeting Minutes Page 5 Regular Meeting of March 2,2020 Agenda Page 8 April 13 STMA Ice Arena Board, 6:00 p.m. April 14 Planning Commission, 7:00 p.m. April 20 City Council, 7:00 p.m. April 27 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. 11. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS 10. ADJOURNMENT Motioned by Hailing, seconded by Cocking, to adjourn the meeting at 8:05 p.m. Ayes: Hendrickson, Cocking,Hailing,Hudson and Olson. Nays:None. Absent.None. MOTION DECLARED CARRIED. Respectfully submitted, Kimberly A. Hodena, City Clerk City Council Meeting Minutes Page 6 Regular Meeting of March 2,2020 Agenda Page 9 -A\1bcrtvi11c Mayor and Council Request for Action Smolt LlWng.01g lift. March 12, 2020 SUBJECT: CONSENT-FINANCE—PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, March 16, 2020 payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: • Account codes starting with 810 are STMA Arena Expenses/Vendors (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) P:\City Council\Council Packet Information\2020\031620\2020-03-16 Finance Bills Report(RCA).docx Meeting Date:March 16,2020 Agenda Page 10 Wright County Sheriff's Office Sheriff Sean Deringer 3800 Braddock Ave.NE,Bul7alo.MN 55313 1-800-362-3667 Fax:763-682-7610 Albertville Monthly Report 2020 Printed on March 4, 2020 Incident Start Date/Time Initial Call CFS# Final Incident Case Number How Reported 911 Abandoned Total: 2 02/18/20 04:39 911 Abandoned 2020013470 911 02/27/20 17:38 911 Abandoned 2020016381 DUI WP20006192 911 911 Hang-up Total: 14 02/01/20 11:51 911 Hang-up 2020008679 911 02/02/20 10:20 911 Hang-up 2020008991 911 02/03/20 08:28 911 Hang-up 2020009247 911 02/03/20 22:20 911 Hang-up 2020009453 911 02/04/20 07:14 911 Hang-up 2020009513 911 02/07/20 19:31 911 Hang-up 2020010458 911 02/15/20 16:21 911 Hang-up 2020012686 911 02/15/20 16:45 911 Hang-up 2020012697 911 02/15/20 17:08 911 Hang-up 2020012705 911 02/16/20 17:15 911 Hang-up 2020013086 911 02/18/20 16:30 911 Hang-up 2020013639 911 02/21/20 13:08 911 Hang-up 2020014403 911 02/27/20 04:45 911 Hang-up 2020016193 911 02/28/20 16:20 911 Hang-up 2020016669 911 911 Hang-up; Disabled Vehicle Total: 1 02/13/20 12:36 911 Hang-up;Disabled 2020012037 Disabled Vehicle WP20004645 911 911 Open Line Total: 18 02/01/20 15:04 911 Open Line 2020008735 911 02/01/20 18:11 911 Open Line 2020008793 911 02/02/20 13:05 911 Open Line 2020009027 911 02/04/20 11:44 911 Open Line 2020009581 911 02/07/20 16:25 911 Open Line 2020010395 911 02/08/20 13:22 911 Open Line 2020010684 911 02/12/20 18:34 911 Open Line 2020011874 911 02/13/20 08:31 911 Open Line 2020011986 911 02/15/20 15:44 911 Open Line 2020012673 911 02/15/20 22:20 911 Open Line 2020012831 911 02/15/20 22:43 911 Open Line 2020012838 911 02/16/20 15:59 911 Open Line 2020013064 911 02/17/20 16:03 911 Open Line 2020013327 911 02/19/20 07:07 911 Open Line 2020013765 911 02/21/20 09:24 911 Open Line 2020014356 911 02/21/20 10:04 911 Open Line 2020014364 911 02/21/20 14:06 911 Open Line 2020014417 911 Page 1 of 11 Agenda Page 11 Incident Start Date/Time Initial Call CFS# Final Incident Case Number How Reported 02/29/20 13:01 911 Open Line 2020016947 911 911 Text; Domestic Disturbance Total: 1 02/20/20 20:36 911 Text;Domestic 2020014254 Domestic Disturbance WP20005436 911 Agency Assist Total: 3 02/02/20 09:48 Agency Assist 2020008979 Agency Assist WP20003528 Phone 02/20/20 10:10 Agency Assist 2020014111 Agency Assist WP20005379 Phone 02/26/20 20:40 Agency Assist 2020016118 Agency Assist WP20006086 Agency Assist; MVA - Injuries Total: 1 02/17/20 17:56 Agency Assist;MVA- 2020013373 Phone Alarm Total: 1 02/20/20 21:48 Alarm 2020014275 Alarm WP20005439 911 Animal Total: 1 02/13/20 00:03 Animal 2020011940 911 Check Welfare Total: 7 02/01/20 19:08 Check Welfare 2020008810 Check Welfare WP20003479 911 02/08/20 14:38 Check Welfare 2020010704 Check Welfare WP20004183 Phone 02/08/20 16:48 Check Welfare 2020010738 Check Welfare WP20004194 911 02/12/20 21:25 Check Welfare 2020011915 Check Welfare WP20004594 Phone 02/19/20 21:47 Check Welfare 2020014002 Check Welfare WP20005327 911 02/20/20 05:41 Check Welfare 2020014042 Check Welfare WP20005351 Phone 02/26/20 14:50 Check Welfare 2020016008 Check Welfare WP20006050 Phone Citizen Aid Total: 2 02/09/20 09:16 Citizen Aid 2020010924 Parking WP20004238 Phone 02/10/20 21:27 Citizen Aid 2020011323 Citizen Aid WP20004387 Phone Civil Complaint Total: 7 02/01/20 15:33 Civil Complaint 2020008747 Civil Complaint WP20003452 Phone 02/03/20 14:12 Civil Complaint 2020009337 Civil Complaint WP20003664 Phone 02/07/20 19:30 Civil Complaint 2020010457 Civil Complaint WP20004109 Phone 02/12/20 16:21 Civil Complaint 2020011835 Civil Complaint WP20004572 Phone 02/21/20 16:07 Civil Complaint 2020014441 Civil Complaint WP20005525 Phone 02/24/20 20:52 Civil Complaint 2020015492 Civil Complaint WP20005870 Phone 02/28/20 18:26 Civil Complaint 2020016715 Civil Complaint WP20006304 Phone Civil Process Total: 13 02/01/20 15:52 Civil Process 2020008755 02/06/20 13:18 Civil Process 2020010054 Officer 02/06/20 18:49 Civil Process 2020010155 Officer 02/12/20 17:56 Civil Process 2020011862 Officer 02/13/20 10:22 Civil Process 2020012006 Officer 02/18/20 12:43 Civil Process 2020013569 Officer 02/25/20 11:07 Civil Process 2020015642 Officer 02/27/20 18:02 Civil Process 2020016389 Officer Page 2 of 11 Agenda Page 12 Incident Start Date/Time Initial Call CFS# Final Incident Case Number How Reported 02/27/20 18:15 Civil Process 2020016392 Officer 02/28/20 12:06 Civil Process 2020016592 Officer 02/28/20 12:16 Civil Process 2020016595 Officer 02/28/20 17:41 Civil Process 2020016697 Officer 02/28/20 18:32 Civil Process 2020016718 Civil Process WP20006306 Phone Commercial General Alarm Total: 18 02/01/20 03:28 Commercial General 2020008610 Commercial General Alarm WP20003407 Phone 02/09/20 08:18 Commercial General 2020010917 Phone 02/09/20 14:53 Commercial General 2020010962 Commercial General Alarm WP20004255 Phone 02/09/20 16:59 Commercial General 2020010983 Commercial General Alarm WP20004264 Phone 02/09/20 21:48 Commercial General 2020011046 Commercial General Alarm WP20004283 Phone 02/11/20 22:01 Commercial General 2020011619 Commercial General Alarm WP20004493 Phone 02/13/20 06:06 Commercial General 2020011967 Commercial General Alarm WP20004618 Phone 02/14/20 18:58 Commercial General 2020012418 Phone 02/15/20 02:59 Commercial General 2020012540 Commercial General Alarm WP20004826 Phone 02/17/20 21:00 Commercial General 2020013420 Commercial General Alarm WP20005088 Phone 02/20/20 05:30 Commercial General 2020014040 Commercial General Alarm WP20005346 Phone 02/20/20 07:16 Commercial General 2020014062 Commercial General Alarm WP20005356 Phone 02/22/20 03:20 Commercial General 2020014583 Commercial General Alarm WP20005568 Phone 02/22/20 06:47 Commercial General 2020014593 Commercial General Alarm WP20005578 Phone 02/22/20 06:59 Commercial General 2020014594 Phone 02/22/20 07:32 Commercial General 2020014600 Commercial General Alarm WP20005580 Phone 02/23/20 20:38 Commercial General 2020015142 Commercial General Alarm WP20005734 Phone 02/29/20 21:06 Commercial General 2020017101 Commercial General Alarm WP20006442 Phone Criminal Damage to Property Total: 2 02/01/20 23:12 Criminal Damage to 2020008898 Criminal Damage to Property WP20003501 911 02/07/20 17:40 Criminal Damage to 2020010412 Criminal Damage to Property WP20004098 Phone Disabled Vehicle Total: 2 02/02/20 21:01 Disabled Vehicle 2020009147 Phone 02/25/20 15:57 Disabled Vehicle 2020015724 911 Domestic Disturbance Total: 3 02/15/20 01:32 Domestic Disturbance 2020012524 Domestic Disturbance WP20004814 911 02/15/20 21:34 Domestic Disturbance 2020012808 Juvenile-Complaint WP20004909 Phone 02/24/20 16:55 Domestic Disturbance 2020015410 Domestic Disturbance WP20005839 Phone Domestic Disturbance; Juvenile - Runaway Total: 1 02/06/20 23:39 Domestic Disturbance; 2020010222 Domestic Disturbance WP20004011 911 Drug Court Home Visit Total: 1 02/16/20 15:25 Drug Court Home Visit 2020013057 Drugs Total: 1 02/10/20 14:27 Drugs 2020011208 Suspicious-Circumstances WP20004339 Phone Extra Patrol Total: 1 02/26/20 13:41 Extra Patrol 2020015982 Extra Patrol WP20006039 Phone Page 3 of 11 Agenda Page 13 Incident Start Date/Time Initial Call CFS# Final Incident Case Number How Reported Fire - Smoke - Odor Total: 2 02/07/20 22:17 Fire-Smoke-Odor 2020010509 Fire-Smoke-Odor WP20004119 911 02/27/20 23:54 Fire-Smoke-Odor 2020016472 Fire-Smoke-Odor WP20006207 911 Fraud - Checks - Cards Total: 6 02/01/20 10:34 Fraud-Checks-Cards 2020008666 Fraud-Checks-Cards WP20003431 Phone 02/04/20 13:23 Fraud-Checks-Cards 2020009601 Fraud-Checks-Cards WP20003767 Phone 02/11/20 16:31 Fraud-Checks-Cards 2020011536 Fraud-Checks-Cards WP20004468 911 02/13/20 14:55 Fraud-Checks-Cards 2020012061 Counterfeit Currency WP20004656 Phone 02/22/20 18:33 Fraud-Checks-Cards 2020014807 Fraud-Checks-Cards WP20005647 Phone 02/22/20 20:19 Fraud-Checks-Cards 2020014841 Fraud-Checks-Cards WP20005656 Phone Fraud - Forgery Total: 1 02/24/20 18:21 Fraud-Forgery 2020015437 Fraud-Forgery WP20005852 Phone Harassment Total: 1 02/11/2019:28 Harassment 2020011586 Harassment WP20004483 Phone Info Total: 1 02/08/20 15:59 Info 2020010722 Phone Juvenile - Complaint Total: 4 02/13/20 18:10 Juvenile-Complaint 2020012118 Juvenile-Complaint WP20004679 911 02/14/20 19:08 Juvenile-Complaint 2020012423 Juvenile-Complaint WP20004790 Phone 02/17/20 18:12 Juvenile-Complaint 2020013383 Juvenile-Complaint WP20005076 Phone 02/18/20 17:02 Juvenile-Complaint 2020013648 Juvenile-Complaint WP20005173 Phone Juvenile - Runaway Total: 3 02/07/20 19:41 Juvenile-Runaway 2020010460 Juvenile-Runaway WP20004111 Phone 02/17/20 17:27 Juvenile-Runaway 2020013357 Juvenile-Runaway WP20005074 Phone 02/28/20 22:38 Juvenile-Runaway 2020016779 Juvenile-Complaint WP20006326 911 Lost - Found Property Total: 3 02/03/20 09:46 Lost-Found Property 2020009261 Lost-Found Property WP20003628 02/06/20 15:55 Lost-Found Property 2020010092 Lost-Found Property WP20003975 02/29/20 20:20 Lost-Found Property 2020017086 Lost-Found Property WP20006436 Medical - Allergies - Stings Total: 1 02/12/20 16:37 Medical-Allergies- 2020011841 Medical-Allergies-Stings WP20004568 Phone Medical - Breathing Problems Total: 4 02/04/20 13:10 Medical-Breathing 2020009596 Medical-Breathing Problems WP20003765 911 02/14/20 16:49 Medical-Breathing 2020012374 Medical-Breathing Problems WP20004776 911 02/16/20 23:51 Medical-Breathing 2020013190 Medical-Breathing Problems WP20005006 911 02/25/20 18:29 Medical-Breathing 2020015779 Medical-Breathing Problems WP20005973 911 Medical - Carbon Monoxide Inhalation Total: 1 02/29/20 19:31 Medical-Carbon 2020017065 Medical-Carbon Monoxide WP20006427 911 Medical - Chest Pain Total: 2 Page 4 of 11 Agenda Page 14 Incident Start Date/Time Initial Call CFS# Final Incident Case Number How Reported 02/03/20 06:14 Medical-Chest Pain 2020009224 Medical-Chest Pain WP20003615 911 02/19/20 14:39 Medical-Chest Pain 2020013883 Medical-Chest Pain WP20005283 911 Medical - Diabetic Total: 2 02/20/20 16:57 Medical-Diabetic 2020014200 911 02/24/20 06:22 Medical-Diabetic 2020015225 Medical-Diabetic WP20005761 911 Medical - Fall Under 6 Feet Total: 4 02/04/20 10:17 Medical-Fall Under 6 2020009562 Phone 02/07/20 07:11 Medical-Fall Under 6 2020010265 Medical-Fall Under 6 Feet WP20004032 Phone 02/09/20 07:34 Medical-Fall Under 6 2020010913 Medical-Fall Under 6 Feet WP20004234 Phone 02/14/20 17:32 Medical-Fall Under 6 2020012391 Medical-Fall Under 6 Feet WP20004780 911 Medical - Headache Total: 1 02/17/20 13:09 Medical-Headache 2020013280 Phone Medical - Psychiatric - Behavioral Total: 3 02/01/20 00:21 Medical-Psychiatric- 2020008581 Suicidal-Attempt-Threat WP20003397 911 02/01/20 21:15 Medical-Psychiatric- 2020008853 Medical-Psychiatric- WP20003490 911 02/02/20 22:50 Medical-Psychiatric- 2020009177 Domestic Disturbance WP20003596 911 Medical - Seizure Total: 1 02/27/20 12:08 Medical-Seizure 2020016292 Medical-Seizure WP20006145 911 Medical - Sick Total: 3 02/04/20 12:25 Medical-Sick 2020009590 Medical-Sick WP20003762 911 02/05/20 14:28 Medical-Sick 2020009838 Medical-Sick WP20003861 911 02/24/20 16:06 Medical-Sick 2020015391 Medical-Sick WP20005828 911 Medical - Stroke Total: 1 02/24/20 15:58 Medical-Stroke 2020015386 Medical-Stroke WP20005824 911 Medical - Unconscious - Fainting Total: 3 02/02/20 21:46 Medical-Unconscious- 2020009159 Medical-Unconscious- WP20003588 911 02/14/20 09:26 Medical-Unconscious- 2020012232 Medical-Unconscious- WP20004711 911 02/20/20 06:11 Medical-Unconscious- 2020014046 Suicidal-Attempt-Threat WP20005349 911 Medical - Unknown Total: 1 02/03/20 03:33 Medical-Unknown 2020009216 Medical-Unknown WP20003610 911 Motorist Aid Total: 4 02/05/20 03:29 Motorist Aid 2020009734 911 02/11/2014:16 Motorist Aid 2020011485 Phone 02/18/20 08:02 Motorist Aid 2020013496 911 02/25/20 02:03 Motorist Aid 2020015567 Phone MVA - Injuries Total: 4 02/12/20 15:51 MVA-Injuries 2020011818 MVA-Injuries WP20004563 02/12/20 15:52 MVA-Injuries 2020011820 02/17/20 17:41 MVA-Injuries 2020013365 MVA-Injuries WP20005071 02/27/20 14:27 MVA-Injuries 2020016323 MVA-Injuries WP20006159 911 Page 5 of 11 Agenda Page 15 Incident Start Date/Time Initial Call CFS# Final Incident Case Number How Reported MVA - No Injuries Total: 14 02/01/20 15:05 MVA-No Injuries 2020008736 MVA-No Injuries WP20003448 911 02/02/20 13:28 MVA-No Injuries 2020009036 MVA-No Injuries WP20003551 Phone 02/08/20 15:27 MVA-No Injuries 2020010716 MVA-No Injuries WP20004185 02/10/20 15:55 MVA-No Injuries 2020011234 MVA-Hit&Run WP20004349 02/14/20 12:21 MVA-No Injuries 2020012285 MVA-No Injuries WP20004739 911 02/17/20 17:34 MVA-No Injuries 2020013360 MVA-No Injuries WP20005069 911 02/19/20 07:29 MVA-No Injuries 2020013770 MVA-No Injuries WP20005228 911 02/20/20 05:50 MVA-No Injuries 2020014043 MVA-No Injuries WP20005347 911 02/20/20 17:50 MVA-No Injuries 2020014217 MVA-Hit&Run WP20005426 911 02/21/20 16:24 MVA-No Injuries 2020014443 DUI-MVA WP20005522 911 02/22/20 10:43 MVA-No Injuries 2020014650 MVA-No Injuries WP20005598 02/22/20 12:51 MVA-No Injuries 2020014694 MVA-No Injuries WP20005613 911 02/22/20 19:09 MVA-No Injuries 2020014819 Civil Complaint WP20005649 Phone 02/28/20 19:56 MVA-No Injuries 2020016735 MVA-No Injuries WP20006310 911 Parking Total: 6 02/04/2010:19 Parking 2020009563 Parking WP20003747 02/06/2012:19 Parking 2020010045 Parking WP20003948 02/18/2015:49 Parking 2020013631 Parking WP20005168 02/19/2019:25 Parking 2020013964 Parking WP20005313 02/27/2016:36 Parking 2020016360 Parking WP20006174 02/28/20 09:57 Parking 2020016547 Parking WP20006234 Phone Call Total: 1 02/17/20 18:04 Phone Call 2020013378 911 Repossession Total: 1 02/04/20 08:42 Repossession 2020009534 Residential Fire Alarm Total: 1 02/14/20 16:34 Residential Fire Alarm 2020012371 Residential Fire Alarm WP20004773 Phone Residential General Alarm Total: 6 02/11/20 20:46 Residential General 2020011602 Residential General Alarm WP20004491 Phone 02/14/20 16:36 Residential General 2020012372 Residential General Alarm WP20004774 Phone 02/14/20 16:45 Residential General 2020012373 Residential General Alarm WP20004775 Phone 02/20/20 22:23 Residential General 2020014281 Residential General Alarm WP20005441 Phone 02/23/20 13:07 Residential General 2020015042 Residential General Alarm WP20005701 Phone 02/25/20 22:28 Residential General 2020015833 Residential General Alarm WP20005986 Phone Residential Medical Alarm Total: 1 02/28/20 11:02 Residential Medical 2020016573 Residential Medical Alarm WP20006249 Phone Snowbird Total: 50 02/02/20 02:01 Snowbird 2020008931 Snowbird WP20003506 Officer 02/02/20 02:28 Snowbird 2020008937 Snowbird WP20003510 Officer 02/02/20 02:37 Snowbird 2020008938 Snowbird WP20003511 Officer 02/02/20 02:42 Snowbird 2020008939 Snowbird WP20003512 Officer Page 6 of 11 Agenda Page 16 Incident Start Date/Time Initial Call CFS# Final Incident Case Number How Reported 02/02/20 02:46 Snowbird 2020008940 Snowbird WP20003513 Officer 02/02/20 04:14 Snowbird 2020008943 Snowbird WP20003516 Officer 02/02/20 04:25 Snowbird 2020008945 Snowbird WP20003517 Officer 02/02/20 04:41 Snowbird 2020008947 Snowbird WP20003518 Officer 02/02/20 04:44 Snowbird 2020008949 Snowbird WP20003519 Officer 02/03/20 02:05 Snowbird 2020009210 Snowbird WP20003605 Officer 02/03/20 02:16 Snowbird 2020009211 Snowbird WP20003607 Officer 02/03/20 02:27 Snowbird 2020009212 Snowbird WP20003608 Officer 02/03/20 05:07 Snowbird 2020009219 Snowbird WP20003611 Officer 02/03/20 05:21 Snowbird 2020009220 Snowbird WP20003612 Officer 02/04/20 02:05 Snowbird 2020009486 Snowbird WP20003710 Officer 02/05/20 02:01 Snowbird 2020009730 Snowbird WP20003818 Officer 02/05/20 02:25 Snowbird 2020009732 Snowbird WP20003820 Officer 02/05/20 04:27 Snowbird 2020009735 Snowbird WP20003822 Officer 02/12/20 02:51 Snowbird 2020011661 Snowbird WP20004507 Officer 02/12/20 04:38 Snowbird 2020011667 Snowbird WP20004511 Officer 02/12/20 04:56 Snowbird 2020011669 Snowbird WP20004512 Officer 02/20/20 02:28 Snowbird 2020014032 Snowbird WP20005340 Officer 02/20/20 04:45 Snowbird 2020014038 Snowbird WP20005344 Officer 02/22/20 02:02 Snowbird 2020014570 Snowbird WP20005559 Officer 02/22/20 02:12 Snowbird 2020014572 Snowbird WP20005560 Officer 02/22/20 02:18 Snowbird 2020014574 Snowbird WP20005562 Officer 02/22/20 02:21 Snowbird 2020014575 Snowbird WP20005563 Officer 02/22/20 02:24 Snowbird 2020014576 Snowbird WP20005564 Officer 02/22/20 02:33 Snowbird 2020014577 Snowbird WP20005565 Officer 02/22/20 04:34 Snowbird 2020014584 Snowbird WP20005569 Officer 02/22/20 04:39 Snowbird 2020014585 Snowbird WP20005570 Officer 02/22/20 04:42 Snowbird 2020014586 Snowbird WP20005571 Officer 02/22/20 04:46 Snowbird 2020014587 Snowbird WP20005572 Officer 02/22/20 04:54 Snowbird 2020014588 Snowbird WP20005573 Officer 02/22/20 05:02 Snowbird 2020014589 Snowbird WP20005574 Officer 02/27/20 02:01 Snowbird 2020016186 Snowbird WP20006100 Officer 02/27/20 04:20 Snowbird 2020016192 Snowbird WP20006104 Officer 02/27/20 04:59 Snowbird 2020016197 Snowbird WP20006106 Officer 02/28/20 02:03 Snowbird 2020016486 Snowbird WP20006208 Officer 02/28/20 02:06 Snowbird 2020016488 Snowbird WP20006210 Officer 02/28/20 02:15 Snowbird 2020016489 Snowbird WP20006211 Officer 02/28/20 02:36 Snowbird 2020016491 Snowbird WP20006212 Officer 02/28/20 04:30 Snowbird 2020016495 Snowbird WP20006215 Officer 02/28/20 04:41 Snowbird 2020016496 Snowbird WP20006216 Officer 02/29/20 02:30 Snowbird 2020016827 Snowbird WP20006334 Officer 02/29/20 02:37 Snowbird 2020016828 Snowbird WP20006335 Officer 02/29/20 02:44 Snowbird 2020016830 Snowbird WP20006336 Officer 02/29/20 02:48 Snowbird 2020016831 Snowbird WP20006337 Officer 02/29/20 05:05 Snowbird 2020016838 Snowbird WP20006341 Officer 02/29/20 05:08 Snowbird 2020016839 Snowbird WP20006342 Officer Page 7 of 11 Agenda Page 17 Incident Start Date/Time Initial Call CFS# Final Incident Case Number How Reported Snowmobile Complaint Total: 2 02/04/20 16:56 Snowmobile Complaint 2020009642 Snowmobile Complaint WP20003790 Phone 02/16/20 16:48 Snowmobile Complaint 2020013082 Snowmobile Complaint WP20004985 Phone Stoparm Violation Total: 1 02/25/20 17:44 Stoparm Violation 2020015765 Stoparm Violation WP20005969 Other Suspicious - Circumstances Total: 3 02/06/20 16:18 Suspicious- 2020010102 Suspicious-Circumstances WP20003980 911 02/08/20 05:24 Suspicious- 2020010598 Suspicious-Circumstances WP20004141 911 02/27/20 17:18 Suspicious- 2020016376 Suspicious-Circumstances WP20006181 Phone Suspicious - Person -Vehicle Total: 8 02/03/20 17:31 Suspicious-Person- 2020009391 Suspicious-Person-Vehicle WP20003681 Phone 02/05/20 18:55 Suspicious-Person- 2020009896 Suspicious-Person-Vehicle WP20003886 911 02/15/20 20:55 Suspicious-Person- 2020012789 Suspicious-Person-Vehicle WP20004904 Phone 02/16/20 19:07 Suspicious-Person- 2020013120 Suspicious-Person-Vehicle WP20004990 911 02/17/20 17:28 Suspicious-Person- 2020013358 Suspicious-Person-Vehicle WP20005067 911 02/19/20 15:24 Suspicious-Person- 2020013899 Suspicious-Person-Vehicle WP20005288 Phone 02/23/20 22:54 Suspicious-Person- 2020015173 Suspicious-Person-Vehicle WP20005745 911 02/25/20 10:59 Suspicious-Person- 2020015641 Suspicious-Person-Vehicle WP20005923 Phone Theft Total: 3 02/05/2017:08 Theft 2020009871 Theft WP20003875 911 02/17/20 09:37 Theft 2020013241 Theft WP20005027 Phone 02/18/2015:26 Theft 2020013620 Theft WP20005165 911 Theft - Identity Theft Total: 1 02/25/20 16:49 Theft-Identity Theft 2020015738 Theft-Identity Theft WP20005965 Phone Theft - Shoplifting Total: 10 02/09/20 15:18 Theft-Shoplifting 2020010966 Theft-Shoplifting WP20004256 911 02/09/20 16:01 Theft-Shoplifting 2020010975 Theft-Shoplifting WP20004260 911 02/10/20 16:12 Theft-Shoplifting 2020011239 Theft-Shoplifting WP20004352 Phone 02/15/20 14:51 Theft-Shoplifting 2020012656 Theft-Shoplifting WP20004864 Phone 02/17/20 18:48 Theft-Shoplifting 2020013393 Theft-Shoplifting WP20005079 Phone 02/21/20 10:23 Theft-Shoplifting 2020014367 Theft-Shoplifting WP20005478 911 02/22/20 18:09 Theft-Shoplifting 2020014799 Theft-Shoplifting WP20005645 911 02/23/20 16:39 Theft-Shoplifting 2020015086 Theft-Shoplifting WP20005714 Phone 02/24/20 22:03 Theft-Shoplifting 2020015518 Theft-Shoplifting WP20005881 Phone 02/29/20 13:12 Theft-Shoplifting 2020016954 Theft-Shoplifting WP20006387 911 Traffic - Complaint Total: 7 02/01/20 18:06 Traffic-Complaint 2020008789 Traffic-Complaint WP20003470 911 02/02/20 09:58 Traffic-Complaint 2020008984 Traffic-Complaint WP20003529 Phone 02/03/20 15:24 Traffic-Complaint 2020009357 Traffic-Complaint WP20003670 Phone 02/17/20 21:44 Traffic-Complaint 2020013429 Traffic-Complaint WP20005091 911 02/23/20 18:41 Traffic-Complaint 2020015114 Traffic-Complaint WP20005725 Phone 02/28/20 21:25 Traffic-Complaint 2020016762 Traffic-Complaint WP20006318 Phone Page 8 of 11 Agenda Page 18 Incident Start Date/Time Initial Call CFS# Final Incident Case Number How Reported 02/29/20 12:23 Traffic-Complaint 2020016931 Traffic-Complaint WP20006383 911 Traffic - Complaint; MVA - No Injuries Total: 1 02/22/20 23:15 Traffic-Complaint; 2020014903 Traffic-Complaint WP20005667 911 Traffic Stop Total: 123 02/01/20 12:25 Traffic Stop 2020008688 Officer 02/01/20 14:47 Traffic Stop 2020008730 Officer 02/01/20 20:26 Traffic Stop 2020008830 Officer 02/01/20 20:35 Traffic Stop 2020008831 Officer 02/01/20 20:36 Traffic Stop 2020008832 Traffic Stop WP20003486 Officer 02/01/20 20:46 Traffic Stop 2020008838 Officer 02/01/20 22:33 Traffic Stop 2020008879 Officer 02/02/20 01:22 Traffic Stop 2020008925 Officer 02/02/20 01:26 Traffic Stop 2020008927 Officer 02/02/20 01:57 Traffic Stop 2020008930 Officer 02/02/20 07:59 Traffic Stop 2020008960 Traffic Stop WP20003524 Officer 02/02/20 09:03 Traffic Stop 2020008967 Officer 02/02/20 12:49 Traffic Stop 2020009023 Officer 02/02/20 13:00 Traffic Stop 2020009025 Officer 02/02/20 15:52 Traffic Stop 2020009075 Officer 02/02/20 20:30 Traffic Stop 2020009135 Officer 02/02/20 21:52 Traffic Stop 2020009160 Officer 02/02/20 22:14 Traffic Stop 2020009169 Officer 02/03/20 11:20 Traffic Stop 2020009291 Officer 02/03/20 14:49 Traffic Stop 2020009347 Officer 02/04/20 07:24 Traffic Stop 2020009517 Traffic Stop WP20003722 Officer 02/04/20 08:25 Traffic Stop 2020009529 Traffic Stop WP20003732 Officer 02/04/20 08:48 Traffic Stop 2020009537 Traffic Stop WP20003737 Officer 02/04/20 13:09 Traffic Stop 2020009595 Officer 02/04/20 15:16 Traffic Stop 2020009620 Traffic Stop WP20003776 Officer 02/04/20 23:01 Traffic Stop 2020009712 Officer 02/05/20 01:12 Traffic Stop 2020009726 Officer 02/05/20 05:59 Traffic Stop 2020009739 Officer 02/05/20 06:06 Traffic Stop 2020009740 Officer 02/05/20 09:54 Traffic Stop 2020009783 Traffic Stop WP20003840 Officer 02/05/20 21:09 Traffic Stop 2020009927 Officer 02/06/20 00:13 Traffic Stop 2020009945 Officer 02/06/20 05:56 Traffic Stop 2020009971 Traffic Stop WP20003920 Officer 02/06/20 07:03 Traffic Stop 2020009976 Officer 02/06/20 09:29 Traffic Stop 2020010003 Traffic Stop WP20003935 Officer 02/06/20 20:08 Traffic Stop 2020010178 Officer 02/06/20 23:10 Traffic Stop 2020010217 Officer 02/07/20 12:58 Traffic Stop 2020010332 Officer 02/07/20 15:18 Traffic Stop 2020010373 Traffic Stop WP20004083 Officer 02/07/20 21:20 Traffic Stop 2020010488 Officer 02/07/20 22:19 Traffic Stop 2020010511 Officer Page 9 of 11 Agenda Page 19 Incident Start Date/Time Initial Call CFS# Final Incident Case Number How Reported 02/07/20 23:36 Traffic Stop 2020010538 Officer 02/08/20 05:58 Traffic Stop 2020010600 Officer 02/08/20 17:32 Traffic Stop 2020010751 Officer 02/08/20 21:59 Traffic Stop 2020010835 Officer 02/08/20 22:51 Traffic Stop 2020010855 Officer 02/09/20 10:29 Traffic Stop 2020010930 Officer 02/10/20 00:38 Traffic Stop 2020011088 Officer 02/10/20 18:41 Traffic Stop 2020011287 Officer 02/10/20 19:13 Traffic Stop 2020011294 Officer 02/10/20 20:12 Traffic Stop 2020011305 Officer 02/11/20 01:10 Traffic Stop 2020011365 Officer 02/11/20 11:29 Traffic Stop 2020011449 Officer 02/11/20 12:48 Traffic Stop 2020011466 Officer 02/11/20 14:30 Traffic Stop 2020011490 Officer 02/12/20 21:05 Traffic Stop 2020011909 Officer 02/12/20 22:48 Traffic Stop 2020011928 Traffic Stop WP20004599 Officer 02/13/20 05:41 Traffic Stop 2020011964 Officer 02/13/20 09:22 Traffic Stop 2020011997 Traffic Stop WP20004630 Officer 02/14/20 21:01 Traffic Stop 2020012453 Officer 02/15/20 06:40 Traffic Stop 2020012554 Officer 02/15/20 11:42 Traffic Stop 2020012605 Officer 02/15/20 14:32 Traffic Stop 2020012648 Officer 02/15/20 22:19 Traffic Stop 2020012830 Officer 02/15/20 23:07 Traffic Stop 2020012846 Officer 02/15/20 23:46 Traffic Stop 2020012863 Officer 02/16/20 01:39 Traffic Stop 2020012893 Officer 02/16/20 11:06 Traffic Stop 2020012975 Officer 02/16/20 13:46 Traffic Stop 2020013027 Officer 02/16/20 13:57 Traffic Stop 2020013030 Officer 02/16/20 21:32 Traffic Stop 2020013160 Officer 02/17/20 01:11 Traffic Stop 2020013196 Officer 02/17/20 02:47 Traffic Stop 2020013206 Officer 02/17/20 08:07 Traffic Stop 2020013223 Traffic Stop WP20005021 Officer 02/17/20 14:34 Traffic Stop 2020013298 Officer 02/17/20 22:04 Traffic Stop 2020013436 Officer 02/18/20 18:33 Traffic Stop 2020013676 Traffic Stop WP20005185 Officer 02/18/20 21:21 Traffic Stop 2020013709 Officer 02/18/20 21:33 Traffic Stop 2020013714 Officer 02/18/20 21:42 Traffic Stop 2020013717 Officer 02/19/20 11:28 Traffic Stop 2020013825 Officer 02/19/20 12:59 Traffic Stop 2020013856 Officer 02/19/20 14:03 Traffic Stop 2020013872 Officer 02/19/20 14:31 Traffic Stop 2020013882 Officer 02/19/20 15:24 Traffic Stop 2020013898 Officer 02/19/20 17:57 Traffic Stop 2020013939 Traffic Stop WP20005304 Officer 02/19/20 19:14 Traffic Stop 2020013962 Officer 02/20/20 07:48 Traffic Stop 2020014066 Officer Page 10 of 11 Agenda Page 20 Incident Start Date/Time Initial Call CFS# Final Incident Case Number How Reported 02/20/20 10:38 Traffic Stop 2020014120 Officer 02/20/20 20:02 Traffic Stop 2020014243 Officer 02/20/20 20:13 Traffic Stop 2020014247 Officer 02/21/20 20:03 Traffic Stop 2020014493 Officer 02/22/20 16:59 Traffic Stop 2020014778 Officer 02/23/20 01:07 Traffic Stop 2020014931 Officer 02/23/20 01:07 Traffic Stop 2020014932 Traffic Stop WP20005669 Officer 02/23/20 20:23 Traffic Stop 2020015137 Traffic Stop WP20005731 Officer 02/23/20 20:58 Traffic Stop 2020015145 Officer 02/24/20 14:58 Traffic Stop 2020015365 Traffic Stop WP20005815 Officer 02/24/20 15:51 Traffic Stop 2020015385 Officer 02/24/20 20:12 Traffic Stop 2020015477 Officer 02/25/20 07:39 Traffic Stop 2020015596 Officer 02/25/20 15:44 Traffic Stop 2020015717 Officer 02/25/20 16:08 Traffic Stop 2020015728 Officer 02/25/20 20:20 Traffic Stop 2020015808 Officer 02/26/20 01:42 Traffic Stop 2020015863 Officer 02/26/20 20:38 Traffic Stop 2020016117 Traffic Stop WP20006085 Officer 02/26/20 22:23 Traffic Stop 2020016156 Officer 02/27/20 01:21 Traffic Stop 2020016182 Officer 02/27/20 01:58 Traffic Stop 2020016185 Officer 02/27/20 14:09 Traffic Stop 2020016316 Officer 02/27/20 14:20 Traffic Stop 2020016319 Officer 02/27/20 21:35 Traffic Stop 2020016451 Officer 02/28/20 01:58 Traffic Stop 2020016484 Officer 02/28/20 02:36 Traffic Stop 2020016490 Traffic Stop WP20006213 Officer 02/28/20 05:41 Traffic Stop 2020016502 Officer 02/28/20 23:55 Traffic Stop 2020016798 Officer 02/29/20 01:27 Traffic Stop 2020016813 Officer 02/29/20 06:03 Traffic Stop 2020016841 Traffic Stop WP20006345 Officer 02/29/20 11:01 Traffic Stop 2020016905 Officer 02/29/20 15:17 Traffic Stop 2020016985 02/29/20 15:52 Traffic Stop 2020017003 02/29/20 16:11 Traffic Stop 2020017009 Officer 02/29/20 21:43 Traffic Stop 2020017111 Officer Vehicle Off Road Total: 2 02/17/20 16:42 Vehicle Off Road 2020013335 Phone 02/17/20 23:25 Vehicle Off Road 2020013450 Warrant - Arrest Total: 2 02/15/20 01:03 Warrant-Arrest 2020012520 Warrant-Arrest WP20004812 Officer 02/26/20 15:03 Warrant-Arrest 2020016012 Warrant-Arrest WP20006059 Officer Total Records: 399 Page 11 of 11 Agenda Page 21 Albertville Hour Summary Hours Purchased Per 2020 Contract: 10,248.00 Starting Hours (beginning of month): 9,377.50 M-T-D (detailed below): 819.00 Balance going forward (to next month): 8,558.50 Y-T-D: j 1,689.50 Shift Start Date Shift Start Time Shift Stop Date Shift Stop Time Schedule Position Time Type Regular Hours 4-Feb-20 6:00 4-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 5-Feb-20 12:00 5-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 6-Feb-20 12:00 6-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 7-Feb-20 12:00 7-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 13-Feb-20 12:00 13-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 14-Feb-20 12:00 14-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 15-Feb-20 12:00 15-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 16-Feb-20 12:00 16-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 23-Feb-20 12:00 23-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 24-Feb-20 12:00 24-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 24-Feb-20 20:00 24-Feb-20 21:00 Albertville (28) 3420 OT-Regular 1.00 1-Feb-20 20:00 2-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 2-Feb-20 20:00 3-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 3-Feb-20 20:00 4-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 4-Feb-20 20:00 5-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 10-Feb-20 16:00 11-Feb-20 2:00 Albertville (28) 3430 Regular 10.00 11-Feb-20 20:00 12-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 18-Feb-20 20:00 19-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 19-Feb-20 20:00 20-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 20-Feb-20 20:00 21-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 21-Feb-20 18:30 21-Feb-20 20:00 Albertville (28) 3440 OT-Regular 1.50 21-Feb-20 20:00 22-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 26-Feb-20 20:00 27-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 27-Feb-20 20:00 28-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 28-Feb-20 20:00 29-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 29-Feb-20 20:00 1-Mar-20 0:00 Albertville (28) 3440 Regular 4.00 21-Feb-20 10:00 21-Feb-20 15:00 Albertville (28) 3420 Regular 5.00 1-Feb-20 0:00 1-Feb-20 6:00 Albertville (28) 3440 Regular 6.00 6-Feb-20 20:00 7-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 7-Feb-20 20:00 8-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 8-Feb-20 20:00 9-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 Agenda Page 22 9-Feb-20 20:00 10-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 10-Feb-20 20:00 11-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 16-Feb-20 20:00 17-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 17-Feb-20 20:00 18-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 1-Feb-20 12:00 1-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 25-Feb-20 20:00 26-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 19-Feb-20 12:00 19-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 7-Feb-20 6:00 7-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 8-Feb-20 6:00 8-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 9-Feb-20 6:00 9-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 14-Feb-20 6:00 14-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 15-Feb-20 6:00 15-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 16-Feb-20 6:00 16-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 17-Feb-20 6:00 17-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 22-Feb-20 6:00 22-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 23-Feb-20 6:00 23-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 24-Feb-20 6:00 24-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 25-Feb-20 6:00 25-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 6-Feb-20 6:00 6-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 20-Feb-20 16:00 20-Feb-20 20:00 Albertville (28) 3420 Regular 4.00 15-Feb-20 20:00 16-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 24-Feb-20 20:00 25-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 12-Feb-20 20:00 13-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 14-Feb-20 20:00 15-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 23-Feb-20 20:00 24-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 2-Feb-20 12:00 2-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 3-Feb-20 12:00 3-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 4-Feb-20 12:00 4-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 8-Feb-20 12:00 8-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 9-Feb-20 12:00 9-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 10-Feb-20 10:00 10-Feb-20 12:00 Albertville (28) 3420 Regular 2.00 10-Feb-20 12:00 10-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 11-Feb-20 12:00 11-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 12-Feb-20 12:00 12-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 17-Feb-20 12:00 17-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 18-Feb-20 12:00 18-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 25-Feb-20 12:00 25-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 26-Feb-20 12:00 26-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 27-Feb-20 12:00 27-Feb-20 20:00 Albertville (28) 3420 Regular 8.00 27-Feb-20 20:00 28-Feb-20 1:30 Albertville (28) 3420 OT-Regular 5.50 28-Feb-20 16:00 28-Feb-20 20:00 Albertville (28) 3420 Regular 4.00 22-Feb-20 17:00 22-Feb-20 23:00 Albertville (28) 3420 Regular 6.00 29-Feb-20 16:00 29-Feb-20 20:00 Albertville (28) 3420 Regular 4.00 29-Feb-20 12:00 29-Feb-20 16:00 Albertville (28) 3420 Regular 4.00 18-Feb-20 16:00 19-Feb-20 2:00 Albertville (28) 3410 Regular 10.00 5-Feb-20 20:00 6-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 22-Feb-20 20:00 23-Feb-20 6:00 Albertville (28) 3440 Regular 10.00 Agenda Page 23 1-Feb-20 6:00 1-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 2-Feb-20 6:00 2-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 3-Feb-20 6:00 3-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 5-Feb-20 6:00 5-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 10-Feb-20 6:00 10-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 11-Feb-20 6:00 11-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 12-Feb-20 6:00 12-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 13-Feb-20 6:00 13-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 18-Feb-20 6:00 18-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 19-Feb-20 6:00 19-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 20-Feb-20 6:00 20-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 21-Feb-20 6:00 21-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 26-Feb-20 6:00 26-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 27-Feb-20 6:00 27-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 28-Feb-20 6:00 28-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 29-Feb-20 6:00 29-Feb-20 16:00 Albertville (28) 3410 Regular 10.00 TOTAL: 819.00 Agenda Page 24 �lbcrtvi11c Mayor and Council Request for Action March 12, 2020 SUBJECT: HEURING MEADOWS CommoNs REQUEST FOR FINAL PLAT,PUD FINAL STAGE SITE AND BUILDING PLAN REvIEW RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution Number 2020-010 approving the Final Plat and PUD Final Stage site and building plans for the project entitled Heuring Meadow Commons for Outlot A of Heuring Meadows in Albertville. BACKGROUND: Heuring Meadow LLC and Krishna LLC are pursuing a multiple use development on an 11.8-acre site entitled Outlot A, Heuring Meadows. Said site is located at the Northwest quadrant of the County Road 19 /53rd Street intersection. This multiple use development is intended to consist of 26 townhomes, 159-unit apartment building, and a 10,427 square foot daycare facility. On January 6, 2020, the Albertville City Council reviewed the development applications, the plans, staff reports and approved the following applications. 1. Comprehensive Plan Amendment. To change the guided land use from commercial to high density residential. 2. Zoning Map Amendment: Changing the zoning from B-2 limited business to PUD Planned Unit Development. This is to allow the multiple uses and design features such as the shared private street, shared parking,private playground, etc. 3. PUD Development Stage site and building plan. 4. Preliminary Plat. Heuring Meadows LLC and Krishna LLC have not submitted Final Plat and PUD Final Stage plans for City Council consideration. City Staff has reviewed the submitted application and plan sets and outlined the project background in the attached March 10, 2020 planning report KEY ISSUES: See the attached March 10, 2020 planning report for an description and analysis of the key issues and recommendations. POLICY/PRACTICES CONSIDERATIONS: City Code has final plat and final stage PUD being processed directly by City Council. P:\City Council\Council Packet Information\2020\031620\Ileuring Meadows Items\1-RCA Heuring Meadows Commons Final Stage approval.docxP:\City Council\Council Packet Information\2020\031620\Ileuring Meadows Items\1-RCA Heuring Meadows Commons Final Stage approval.docx Meeting Date: March 16,2020 Agenda Page 25 Mayor and Council Request for Action—March 16, 2020 Heuring Meadows Commons Page 2 of 2 FINANCIAL CONSIDERATIONS: The Developer shall be responsible for all site improvements and off-site improvements related to this project and outlined in the development agreement. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City Council are responsible for the review and approvals of final plats and PUD final stages. If the plans found to be consistent with the previous approved preliminary plat and PUD development stage plans the council may approve the development applications. Responsible Person/Department: City Planner, Alan Brixius Submitted Through:Adam Nafstad, City Administrator-PAID Attachments: Resolution No. 2020-010 Planning Report dated March 10, 2020 Planning Report Exhibit P:\City Council\Council Packet Information\2020\031620\fleuring Meadows Items\1-RCA Heuring Meadows Commons Final Stage approval.docx Meeting Date: March 16,2020 Agenda Page 26 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2020-010 RESOLUTION APPROVING A REQUEST FOR FINAL PLAT AND PLANNED UNIT DEVELOPMENT FINAL STAGE SITE AND BUILDING PLANS, FOR A MIXED USE HIGH DENSITY RESIDENTIAL/COMMERCIAL PROJECT ENTITLED HEURING MEADOWS COMMONS LOCATED ON OUTLOT A HEURING ADDITION AT THE CORNER OF COUNTY ROAD 19 AND 53" STREET NE. WITHIN THE CITY OF ALBERTVILLE WHEREAS, On January 6, 2020, the Albertville City Council approved development application submitted by Heuring Meadows LLC and Krishna LLC. requesting a comprehensive plan amendment, a zoning map amendment, preliminary plat, and PUD development stage plans pursuing a multiple use development on an 11.8-acre site entitled Outlot A, Heuring Meadows. Said site is located at the Northwest quadrant of the County Road 19 /53rd Street intersection. This multiple use development will consist of 26 townhomes, 159-unit apartment building, and a 10,427 square foot daycare facility per the plans approved on January 6, 2020 with conditions. WHEREAS, Heuring Meadows LLC and Krishna LLC have now submitted applications and plans requesting Final Plat and PUD Final Stage plan approval, WHEREAS, City Staff has reviewed submitted plans and prepared a planning report dated March 10, 2020; and WHEREAS, the Albertville City Council met on March 16,2020 to consider the Heuring Meadows Commons development applications for Final Plat and PUD Final Stage; and WHEREAS, the Albertville City Council has received the Heuring Meadows Commons application materials including a final plat and development plans; staff review documents and recommendation; and agrees with the findings and recommendation of the City Staff. NOW, THEREFORE BE IT RESOLVED that the City Council of Albertville, Minnesota hereby approves the Heuring Meadows Commons request for Final Plat and the PUD Final Stage site and building plans for the property legally described as Outlot A, Heuring Meadows addition with the following conditions. Conditions of Approval. Final Plat: The Final Plat dated 02/28/2020 is approved with the following conditions: 1. Revision of the Declaration and grant of Easement covering the shared parking, playground, and pond area address the following items: Agenda Page 27 City of Albertville,MN Resolution No.2020-010 Meeting of March 16,2020 Page 2 • Under the maintenance of the improvements paragraph, the parking lot maintenance description shall include parking lot striping, parking lot and private street lighting. • The easement shall require maintenance actions by the burdened property, if the City identifies, in writing, conditions in disrepair or items in need of replacement. 2. Revision of the Declaration and Grant of Easement covering the private street shall address the following items: • The easement must be expanded to include Lot 1. If the daycare's single point of access and egress presents issues of traffic congestion and or unsafe turning movements, the City will require the daycare to construct a second exit onto the private street to offer alternative egress routes. • The Maintenance of Improvements paragraph shall include a requirement to have the burdened property initiate street repairs upon written notice by the City if the street falls into disrepair. 3. Wright County approval of the plat and access permits. 4. The preliminary plat shall be subject to the recommendations of the December 4, 2019 City Engineer's Memorandum. 5. With final plat approval the Applicant shall enter into a development agreement with the city outlining the development improvements, responsibilities of costs and necessary financial securities. PUD Final Stage. The PUD Final Stage is approved based on the Final Plat dated 02/28/2020, Civil Engineering plans, Site plan, and landscape plan dated 02/04/2020 revised 02/04/2020, and the Building floor plans, Building elevations, for the Townhomes, Apartment Building, and Commercial Day Care. Said approval is subject to the following conditions being addressed with the submission of the PUD final stage plans. 1. The City approves the project land uses, density, setbacks and building heights per the Final Stage site and building plans dated 02/04/2020 and landscape plan dated 02/04/2020 revised 03/04/2020.. 2. A right in/right out street connection is proposed at the northeast corner of the site from CR19. The design and permitting of this curb cut shall be subject to the review and approval of Wright County. Applicant shall be responsible for all costs associated with turn lanes and curb cuts. 3 No construction of the apartments or townhomes without construction of the 53rd Street/ CR19 improvements and signalization. Cost of these improvements shall be the responsibility of the developer. Agenda Page 28 City of Albertville,MN Resolution No.2020-010 Meeting of March 16,2020 Page 3 3. County approval of the County road access and 53rd Street/CR19 intersection improvements. 4. Private street shall be constructed to City design standards. The private street shall be signed"No Parking." 5. All sidewalks located along head in parking stalls shall have a width of 6+feet. This shall be shown on the revised site plan. Landscaping and snow storage around parking lot perimeters shall be setback a minimum of two feet. 6 The daycare shall provide a detailed elevation and construction plans for the trash enclosure. Said plans shall illustrate the trash enclosure be constructed to match or complement the exterior design of the principal building. 7. Submission of a lighting and photometric plan with each phase of the site development. The lighting plan must address the location of all exterior lighting for the property. The pole heights, type of light fixtures, and light levels shall comply with the city standards or exterior lighting. Lighting and photometric plans for the daycare will be required at the time of the building permit being issued and must be approved by the City. 8. Landscape plan to include: a. The inspection of existing trees must be conducted by a landscape professional (landscape architect,botanist, forester, etc.). The Applicant shall inform the City of the day(s) and times the inspection will be conducted to allow a City Staff member to be present if desired. b. The applicant shall provide a summary and survey of the inspection results to the City that identifies the trees to be removed and replaced. The inspector shall tag the trees to be removed and replaced. c. Upon completion of the site grading, the City will inspect the trees to be saved to determine if any of these trees have been damaged due to grading. Damaged trees shall be removed and replaced. d. The applicant shall describe their proposed methods for deterring trespass onto the properties to the west. 9. Applicant shall provide a scheduled phasing plan for the PUD that outlines timing of site improvement and building construction. 10. With the approval of the PUD Final stage the Applicant shall enter into a PUD agreement and development agreement with the city. Said agreements shall be recorded against the properties in the approved PUD District. Agenda Page 29 City of Albertville,MN Resolution No.2020-010 Meeting of March 16,2020 Page 4 Adopted by the Albertville City Council this 1611 day of March 2020. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Hodena, City Clerk Agenda Page 30 NORTHWEST ASSOCIATED CONSULTANTS, INC, 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM TO: Adam Nafstad FROM: Alan Brixius DATE: March 10, 2020 RE: Albertville - Heuring Meadows Commons Final Stage PUD / Plat FILE NO: 163.06 20.01 BACKGROUND On January 6, 2020, the City Council approved development applications of Heuring Meadows LLC and Krishna LLC that include a zoning map amendment, Preliminary Plat and PUD Development Stage for a mixed land use project entitled Heuring Meadows Commons located on Outlot A, Heuring Meadows Addition. The development of this 11.8 acre site is proposed to include; a commercial day care, 159 apartment building, and 26 townhomes. The Council approval included conditions outlined in Resolution No.2020-01 that were required to be addressed as part of the final stage submission. Heuring Meadows, LLC and Krishna, LLC have now filed an application and submitted plans for Final Plat and Final Stage PUD in accordance with the Albertville Zoning Code. The final plat and plans have been reviewed against the conditions imposed with the development stage approval and outlined in the body of this report. Attachments: Exhibit A. Final Plat Exhibit B. Development Plan Exhibit C. Site Plan Exhibit D. Grading Drainage Plan Exhibit E. Utility Plan Exhibit F. SWPP Plan Exhibit G. Landscape Plan Exhibit H. Goddard School Building Plans Exhibit I. Townhome Building Plans Exhibit J. Apartment Building Plans Agenda Page 31 Exhibit K. Common Area Easements Exhibit L. Private Road Easement Exhibit M. City Engineer's Memorandum Exhibit N. County Review Comments ANALYSIS Comprehensive Plan and Zoning Amendment Conditions: 1. The City adopts ordinance No. 2020 -001 establishing the "PUD" Planned Unit Development on Outlot A Heuring Meadows Addition with the terms and conditions of the PUD zoning. Comment: The city approved this zoning map amendment on January 6, 2020. 2. The Developer will enter into a PUD agreement that will be recorded with the property that will outline the terms and conditions of the PUD zoning. Comment. The City Attorney has prepared a development and PUD agreement for council consideration and approval. 3. The zoning Map change will not occur until approval of the Final Stage PUD plans, and the recording of the PUD agreement and the development agreement. Comment. With the recording of the final plat and the development and PUD agreement City Staff will change the zoning map to reflect the new PUD zoning district. 4. The Proposed Land Use Plan as set forth in the City's Comprehensive Plan is hereby amended consistent with the approvals granted herein. Comment. With the recording of the final plat and the development and PUD agreement City Staff with change the Albertville Land use Map. Final Plat: The Preliminary Plat dated 11/22/19 was approved on January 6, 2020 with the following conditions needing to be addressed with the submission of the final plat. The final plat is proposing only two lots at this time, having the townhome and apartment site being one lot under single ownership (See Exhibit A.) The development contract and the approved PUD development plans dictate the project design. The single residential property must still abide by the approved development plans this lot configuration may also be administratively divided in the future as the development progresses. 1. The submission of Association Documents that outline the responsibilities for the maintenance and upkeep of the shared facilities (i.e., street, tot lot, parking area, pond). 1 Agenda Page 32 Comment: The applicant has provided a Declaration and Grant of Easement covering the shared parking, playground and pond area. (See Exhibit K). In review of this easement document we offer the following comments: • Under the maintenance of improvements paragraph, the parking lot maintenance description shall include parking lot striping, lighting and sidewalks. • The easement shall require maintenance actions by the burdened property, if the City identifies in writing conditions in disrepair or damage. 2. Separate from the final plat, applicant must provide a shared access easement for the entire private drive. The easement shall run to all properties within the subdivision and include the property exception in the northeast corner of the plat. Comment: The applicant has provided a Declaration and Grant of Easement for the private roadway(See Exhibit L). In review of the easement we offer the following comments: • The easement will be expanded to include the property located at the northeast corner of the Heuring Meadows Commons property in the future. No change in the easement language is required at this time. The City Attorney will address this need in the PUD/ development agreement requiring the right of access to the private street at time of redevelopment of the exception property. • The easement must be expanded to include Lot 1. If the daycare's single point of access and egress presents issues of traffic congestion and or unsafe turning movements, the city will require the daycare to construct and second exit onto the private street to offer alternative egress routes. • The Maintenance of Improvements shall include all street lighting, signs and sidewalks. • The Maintenance of Improvements paragraph shall include a requirement to have the burdened property initiate street repairs upon written notice by the City if the street falls into disrepair. 3. The plat abuts County Road 19 and is subject to County review and approval. Applicant shall secure County approval and abide by County conditions of approval. Comment: The County has reviewed the plans and provided comments (See Exhibit N). 2 Agenda Page 33 4. Subject to the City Engineer's review of all lot line easements and easement width over the ponding area and utility corridors. Comment. See Engineer's comments Exhibit M. 5. The preliminary plat shall be subject to the recommendations of the December 4, 2019 City Engineer's Memorandum. Comment. See Engineer's comment Exhibit M. 6. With final plat approval, the Applicant shall enter into a development agreement with the City outlining the development improvements, responsibilities of costs and necessary financial securities, including that Developer install, at Developer's expense, a stop light at the intersection of CSAH 19 and 531d Street that meets the approval of the City Engineer and the County Engineer. Comment. The City Attorney has prepared a development and PUD agreement for Council consideration and approval. PUD Final Stage. The PUD Development Stage is approved based on the PUD development stage plans, Civil Engineering plans, Site plan, and landscape plan dated 11/12/19 revised 11/22/19, and the Building floor plans, Building elevations, for the Townhomes, Apartment Building, and Commercial Day Care. Said approval is subject to the following conditions being addressed with the submission of the PUD final stage plans. 1. The City approves the project land uses, density, setbacks, and building heights per the site and building plans dated 11/12/19 revised 11/22/19. Comment: The PUD final plan replicates the development stage densities, setbacks and building heights. All land uses, densities, building designs and site amenities shall be in compliance with the approved plans. No changes in plans may occur without a PUD amendment approved by the city. 2. A right in/right out street connection is proposed at the northeast corner of the site from CSAH19. The design and permitting of this curb cut shall be subject to the review and approval of Wright County. Applicant shall be responsible for all costs associated with turn lanes and curb cuts, as well as the installation of the street connection. Comment. Wright County has provided comments on the street design. The development agreement assigns the construction and cost responsibilities to the development of Heuring Meadows Commons. 3 Agenda Page 34 3 No construction of the apartments or townhomes shall occur without completion of the 531dStreet/CSAH19 improvements and signalization. Cost of these improvements shall be the responsibility of the developer. Comment: This condition is outlined in the development/PUD agreement. 4 County approval of the County road access and 531d Street/CSAH19 intersection improvements. Comment: The City will design the intersection improvements needed for the C.R. 19/53'd Street intersection. Said plan will not be required with the development of the day care, however, the plans and intersection construction will be required with the development of the residential uses. The terms and responsibilities for the planning construction of the intersection will be outlined in the development/PUD agreement. All plans will be subject to the Wright County approval. 4. Private Street shall be constructed to City design standards. The private street shall be signed "No Parking." Comment: The "No Parking"signs have not been addressed on the final site plan. The "No Parking"signs must be identified in the Key Notes and the sign locations must be identified on the final site plan. 5. Applicant shall provide association documents that provide for long-term maintenance and cost sharing for the private street. Said document shall allow the City to inspect and require street repairs if the private street falls into disrepair. Comment: See comments on the proposed Easements. 6. Applicant shall verify that 25% of townhome exterior walls have a brick finish. Comment: The applicant's Townhome elevations provide calculations for exterior brick and glass finishes that meet the required 25% requirement. Staff check verifies that these calculations are correct. 7. All parking stalls throughout the site, both residential and commercial, shall be sized 9 feet wide by 20 feet deep. Applicant shall provide a dimension plan illustrating that underground parking meets the City parking dimensional standard. Comment: The applicant's site Plan still illustrates 18 foot deep stall at the periphery of the parking lots allowing automobiles to overhang the curb or sidewalk up to two feet. To accommodate the automobile over hang, 4 Agenda Page 35 landscaping around the parking lots must be setback a minimum of two feet from the curb and snow storage must provide for the automobile overhang. The sidewalk in front of Goddard School is 6 feet wide providing adequate width for both the automobile over hang while maintaining a walkable sidewalk. The sidewalk around the perimeter of the apartment center court parking is only 4 feet in width; this sidewalk must be expanded to a minimum width of 6 feet to allow the automobile overhang and a walkable sidewalk. 8. Relocate the parking lot access point for the lot west of Goddard School, 100 feet north of the site's south lot line. Comment. This has been addressed in the final site plan. 9. Applicant shall provide a percentage breakdown of the exterior material on the apartment. Applicant shall provide material detail on the lap siding and board and batten siding. Comment: The applicant's building elevations have been revised to include more brick accents. The applicant has provided exterior material calculations that demonstrate that they meet or exceed the City requirement for brick and glass. Staff has confirmed that the new plans meet City standards. 10. At the daycare site, redesign the north end of the parking lot to prevent apartment residents from shortcutting through the daycare lot to access 531d Street. Preserve a daycare exit on to the private street north of the daycare. Comment: The daycare site plan has been modified removing the driveway connection to the private street. This is acceptable; however, if the daycare's single point of access and egress presents problems regarding traffic congestion and/or unsafe traffic movements onto 53'd Street, the plan and development/ PUD agreement must preserve an easement for lot 1 to access the private street to provide alternative egress routes from the site. The private road easement must include this option. If the City sees issues related to traffic on 53'd street, the daycare must connect to the private drive and its construction will be at the expense of the property owner. 11. City consideration of the trash enclosure location. Comment: The City Council approved the trash enclosure location south of the Goddard School with the Development Stage. The location is acceptable, and the landscape plan provides significant landscape screening of the trash enclosure location. With the submission of the building permit the city will require a building elevation of the trash enclosure and require that the exterior walls be of masonry construction and similar or complementary to the principal building 12. Submission of a lighting and photometric plan for the entire site. The lighting plan must address the location of all exterior lighting for the property. The pole 5 Agenda Page 36 heights, type of light fixtures, and light levels shall comply with the City standards for exterior lighting. Comment: No lighting plan has been submitted to date. Lighting plans will be required with each phase of development. The daycare appears to be the first development phase, a lighting plan specific to this site must be provided prior to issuance of a building permit. With each phase of development, the applicant must provide a lighting plan that illustrates both freestanding and wall mounted light locations, fixture design, pole heights and light levels. All exterior light shall be designed with 90-degree cutoff fixtures with a shielded light source to prevent glare and nuisance light onto adjoining properties. Areas of emphasis will include building lighting, parking lots, private street and playground area. A photometric plan shall be required to illustrate light levels across the property and at the property lines to ensure that lighting does not become problematic. 13. Landscape plan to include: a. Inspection of existing trees, removal and replacement of any diseased, damaged, or dead trees. Comment: The Landscape plan includes a statement that at the time the grading permit is issued trees on the site will be inspected and all damaged, diseased or dead trees will be removed and replaced with a like species at a size that meets the City's minimum standards. In review of this issues staff recommends the following conditions to the inspection plan. • The inspection must be conducted by a landscape professional (landscape architect, botanist, forester, etc.). The Applicant shall inform the City of the day(s) and times the inspection will be conducted to allow a City Staff member to be present if desired. • The applicant shall provide a summary and survey of the inspection results to the City, that identifies the trees to be removed and replaced. The inspector shall tag the trees to be removed and replaced. • Upon completion of the site grading, the City will inspect the trees to be saved to determine if any of these trees have been damaged due to grading. Applicant shall replace any of the damaged trees. b. Removal of shade trees and landscaping from the CR19 right-of-way and move these plantings onto the project site. 6 Agenda Page 37 Comment: The revised final landscape plan has addressed this item. c. Provide understory planting on the west side of the parking lot west of the daycare to screen the parking lot and headlight glare. Comment. The revised final landscape plan has addressed this item. d. Applicant shall provide a plan through landscaping or fencing to prevent trespassing into the adjoining lots. Said plan shall be approved by the City. Comment. The revised landscape plan has not changed along the west lot line. The Applicant is proposing a stagger row of plantings along both the north and east lot lines consisting of Junipers and shrub roses planted at five foot spacing intervals. The plant selection and planting pattern will create a barrier to deter trespass and will provide attractive year-round hedge as they mature. This hedge has been extended down the shared property line with the lot at the northeast corner of the project site per staff recommendation. Additionally, the applicant must describe the efforts to deter trespass into the properties to the west for council consideration. e. The final landscape plan shall illustrate traffic visiability triangles at each of the intersections or curb cuts onto both private street and public street. Said traffic visibility triangle measures 30 feet parallel to the street and 30 feet into the property. The triangle setback is measured at the property line. Landscaping at the Goddard School entrance and select curb cuts and intersections of the private street do not meet this standard. Comment: The revise landscape plan illustrates the traffic visibility triangles at the intersection of both the private and public streets. In review of the revised landscape plan we note that the traffic Visiability triangles along 53rd Street and County road 19 follow the street's curb line rather than the property line. The plan must be corrected to show the required setback correctly and to modify the landscape plan so as on obstruct traffic visiability at these location. A second area of concern is the curb cut from the parking area west of the day care, entering the private street. The plantings at this intersection may create issue for traffic sight lines for cars leaving the parking lot. 14. Applicant shall provide a scheduled phasing plan for the PUD that outlines timing of site improvement and building construction. Comment. The development scheduling is addressed in the development/ PUD agreement. 15. With the approval of the PUD Final stage the Applicant shall enter into a PUD agreement and development agreement with the City. Said agreements shall be 7 Agenda Page 38 recorded against the properties in the approved PUD District. Comment: The City Attorney has prepared a development and PUD agreement for Council consideration and approval. CONCLUSION Based on our review of the Heuring Meadows Commons Final plat and PUD plans; we find them to be consistent with the approved development stage plans and preliminary plat. We recommend approval with the following conditions: Final Plat: The final plat showing two lots is approved with the following conditions: 1. Revision of the Declaration and grant of Easement covering the shared parking, playground, and pond area address the following items: • Under the maintenance of the improvements paragraph, the parking lot maintenance description shall include parking lot striping and lighting. • The easement shall require maintenance actions by the burdened property, if the City identifies, in writing, conditions in disrepair or items in need of replacement. 2. Revision of the Declaration and Grant of Easement covering the private street shall address the following items: • The easement must be expanded to include Lot 1. If the daycare's single point of access and egress presents issues of traffic congestion and or unsafe turning movements, the City will require the daycare to construct a second exit onto the private street to offer alternative egress routes. • The Maintenance of Improvements paragraph shall include a requirement to have the burdened property initiate street repairs upon written notice by the City if the street falls into disrepair. 3. Wright County approval of the plat and access permits. 4. Subject to the comments of the City Engineer. 5. The applicant shall enter into a development/ PUD agreement with the City. PUD Final Stage: Final PUD approval is recommended based on the Heuring Meadows Commons PUD Final Stage plan set dated February 4, 2020 which dictate 8 Agenda Page 39 the land uses, development patterns, amenities and building design with the following conditions: 1. Wright County approval of the final plat and access permits. 2. The applicant is responsible to all costs associated with design and construction of the site access via County Road 19 and the design and construction of improvements to the County Road 19 / 531d street intersection including improvements to 531d Street and signalization of the intersection. 3. The private street shall be constructed to City street standards and signed "No Parking". The site plan shall be revised to note this improvement and illustrate locations of "No Parking" signs. 4. All sidewalks located along head in parking stalls shall have a width of 6+ feet. This shall be shown on the revised site plan. Landscaping and snow storage around parking lot perimeters shall be setback a minimum of two feet. 5. The easement for the private street shall include lot 1 to provide alternative egress options. The single point of access and egress presents problems of traffic congestion or unsafe traffic conditions on 531d Street. The alternative egress will be constructed by the daycare if directed by the City. 6. The daycare shall provide a detailed elevation and construction plans for the trash enclosure. Said plans shall illustrate the trash enclosure be constructed to match or complement the exterior design of the principal building. 7. Exterior lighting and photometric plans shall be submitted with each phase of site development at time of development. Lighting and photometric plans for the daycare will be required at the time of the building permit being issued and must be approved by the City. 8. The Landscape plan shall be revised to include the following: • The inspection of existing trees must be conducted by a landscape professional (landscape architect, botanist, forester, etc.). The Applicant shall inform the City of the day(s) and times the inspection will be conducted to allow a City Staff member to be present if desired. • The applicant shall provide a summary and survey of the inspection results to the City that identifies the trees to be removed and replaced. The inspector shall tag the trees to be removed and replaced. • Upon completion of the site grading, the City will inspect the trees to be saved to determine if any of these trees have been 9 Agenda Page 40 damaged due to grading. Damaged trees shall be removed and replaced. • The applicant shall describe their proposed methods for deterring trespass onto the properties to the west. 9. The applicant shall enter into a development agreement/ PUD agreement with the City and post necessary financial securities to secure the site development. Said agreement shall be recorded and include all properties within the approved PUD. CC. 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U _ m U N .. a o fL1 ➢L1 CI' U U m - m U- ,• ,� (Above Space Reserved for Recording Data)"' DECLARATION AND;GRANT OF EASEMENTS (Parking Areas,Playground Area, Pond Area)' ,a This Declaration and Grant of Easements(the:"Declaration") is made`as of the day of 2020, by Heuring Meadows, LLC, a 'Minnesota limited liability'company (the "Declarant"). , I�ECITA:L,S WHEREAS, Declarant ls''the o% ner of the following'descrrbed real property: Lot 2, Block 1, HEURING MEADOWS..COMM Ol��, Wright-`County, Minnesota(the"Burdened Property"); z WHEREAS, Declarant rs';the owner of the following described real property: Lot 3, Block 1, HEURING MEADOWS COMMONS, Wright,County, Minnesota(the "Benefitted Property WHEREAS, Declarant desires to establish non exclusive easements over, across and upon portions", ortions of 1he Burdened Property for the benefit of the owners and occupants of the Benefitted Property, suljef, to the terms and conditions set forth herein; NOW, THEREFORE,Declarant`hereby declares that this Agreement shall constitute covenants to run with the Benefitted Property and the Burdened Property, and that said property shall be owned,used,occupied and conveyed subject to and together with the covenants,rights,obligations and restrictions set forth heein'all of which shall be binding upon all persons owning or acquiring any right,title or interest therein, and their heirs,personal representatives, successors and assigns. 1. Declaration of Easements. Declarant hereby declares, grants and establishes the following perpetual, appurtenant nonexclusive easements over, across and through the Burdened Property (the"Easements"): a. A non-exclusive casement for vehicle parking over and across those parking lots ("Parking Lots"), now or hereafter constructed and subsequently improved and maintained for such use, on that portion of the Burdened Property legally described and 1 EXHIBIT K Agenda Page 62 depicted on the attached Exhibit A (the "Parking Lot Areas") in favor and for the benefit of the owners and occupants of the Benefitted Property. b. A non-exclusive easement for recreational use as a playground over and across that area ("Playground Area"), now or hereafter constructed and subsequently improved and maintained for such use, on that portion of the Burdened Property legally described and depicted on the attached Exhibit B (the"Playground Area") in favor and for the benefit of the owners and occupants of the Benefitted Property. C. A non-exclusive easement for drainage and for aesthetic enjoyment over and across that area ("Pond Area"), now or hereafter 0constructed and subsequently improved and maintained for such use, on that portion of the Burdened Property legally described and depicted on the attached Exhibit C (the `PPond Area") in favor and for the benefit of the owners and occupants of the Benefitted Property. d. The Parking Lot Areas, Playground Area and Pond Area shall collectively be referred to as the Easement Areas. U 2. Installation of Improvements Declarant shall install and, construct the improvements within the respective Easement Areas, as depicted on Exhibits,A, B and C, as required by the City of Albertville, and subJect to and in accordance with alI applicable codes and ordinances. 3. Maintenance of hnprovemerits. The owner of the Burdened Property ("Burdened Property Owner") shall'; be responsible for the ,-maintenance repair and replacement {"Maintenance") of�a11 improvements consti�ueted within the:��Easement Areas. The Burdened Property Owner shall (i) perform its1,obligations hereunder in a good and workmanlike manner; (ii)maintain and opeiate-the Easemcht Areas in seiviceable condition; and (iii) comply with all laws, rules;, orders., ordinances; regulations and requirements now or hereafter enacted or promulgated any faderal,`state, or local of other governmental body or agency having jurisdictroii with respectthezeto.XMaintenance shall include, without limitation: Lot Areas Patching and resurfacing,and removal of ice and snow, a. Parking as deemed' recessaiy"by Owner of Burdened Property; b Pond Ares l Weed removal, dredging, water treatment, removal of junk, 11 and dead or diseased vegetation, and other landscape maintenance as deemed necessary by Owner of Burdened Property; c. Playground Area: Inspection,repair and replacement sufficient to maintain playground equipment in safe and in good working order, and landscaping maintenance as deemed necessary by Owner of Burdened Property. 4. Shared Cost of Maintenance. The owner of the Burdened Property and the owner of the Benefitted Property, as applicable, shall be solely responsible for any damage to the Easement Areas caused by the negligent act or omission of such owner, or such owner's tenants, licensees, guests or invitees. With the exception of the foregoing, all costs and expenses of the Maintenance of the Easement Areas shall be allocated among the owner of Burdened Property and 2 Agenda Page 63 Benefrtted Property as follows NEED TO DETER11IINE TIOW TO AL ,OCATE COSTS AND IVIETIIOD FOR X3CIRDNEI7 PROPERf Y OIINER TO BE REIIVIBIJRSEI3',? 5. Notices? 6. General Liability Insurance? 7. Indemnification and Hold Harmless. The owner of the Burdened Property and the owner of the Benefitted Property shall indemnify and hold the other owner, its respective successors and assigns,harmless from any and all claims, damages, costs and expenses,including reasonable attorney fees and other costs of defense and investigation arising out of or resulting from the use of the Easement Areas or breach of this Declaration by such owner, its tenants, licensees, guests or invitees. f° 8. Improvements Restricted. No person other than the Declarant or the Burdened Property Owner shall construct or permit of allow the constiuctioii,,,or installation of any improvements or the storage or placement of'any materials or personal property on or within the Easement Areas that would in any way interfere wrtlfior otherwise impede the rights herein granted with respect to the Easements. The Burdened Property OWnei,sliall have authority;to remove any unauthorized improvements, materials ;or personal propertyon or within the Easement Area, and to undertake action, legal or otherwise"to enf©ice the conditions and restrictions contained in this Declaration. 9. Use Rcstrietrons; The use ofstheesp/true Easement Areas shall be expressly limited to the purposes specified herein. No D.ic.e imay be parked or otherwise remain upon the Parking Lot Area fora period of more than tw8Nc,,(ly2) consecutive hours. t 10 Waiver. No person or 'entity havingor acquiring any interest in the Burdened Property of the Benefrtted Property, shall have:the right to contest or challenge the Easements, or other restrictions, covenants and conditions set'f6r h in this Declaration on the basis of the passage of time All such persons and entities, by their assertion or acceptance of any interest in the Burdened"Property or the Benefrtted`Property, are hereby estopped from asserting and shall be deemed to have vUaived any clailri`that any;provision of this Declaration is invalid or unenforceable in whole or in part due to the passage of time whether such claim arises or is brought forth under Minnesota Statutes'Section 500.20, Minnesota Statutes Section 541.023, or any other statute or law heretofore or hereafter..enacted. 11. Construction' and Binding Effect. The Easements and each and all of the covenants, rights, obligations and restrictions granted, conveyed or established by or under this Declaration are affirmative and negative covenants which shall run with the land and shall be interpreted and construed as integral,essential and non-severable parts of this Declaration. This Declaration shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns, and any other persons having or acquiring an interest in the Benefrtted Property or the Burdened Property. 3 Agenda Page 64 12. Applicable Law. This Declaration shall be construed and enforced in accordance with the laws of the State of Minnesota. If any portion of this Declaration is unenforceable under Minnesota law,the balance of the Declaration shall remain in full force and effect if enforcement of the remainder of the Declaration is reasonably practicable. 13. No Dedication. Nothing herein contained shall be deemed a gift or dedication of any portion of the Easement Areas or the Burdened Property to the general public. 14. Non-Merger. The Easements and the covenants and conditions contained in this Agreement shall not terminate or be deemed to have merged into arty estate by virtue of any owner, now or hereafter, owning or acquiring title to all or part of bothythe Benefitted Property and the Burdened Property. 15. Duration/Amendment. Except as otherwise specifically provided above, Easements, covenants, restrictions and obligations established hereby`shall be effective upon the recording of this Declaration in the appropriate recording office of Wright County and shall be perpetual unless terminated or modified by an amendment. This Agreement may be amended only with the approval of the owners of the Burdened'Property Fand the Benefiited Property. The amendment shall be reduced to writing, signed by the approving"patties and recded in the same county recording office in which this Declaration is recorded:" IN WITNESS WHEREOF,Declarant has executed this Declaration on the day set forth above. Heur><ng Meadows,LLC, a IVIitinesota limited liability company k By,t Walt Van Heest Its: Chief Manager STATE OF;MINNESOTA COUNTY OF =:. ) The foregoing instrument was acknowledged before me this_day of , 2020, fly by Walt Vats Heest, the Chief Manager of Heuring Meadows, LLC, a Minnesota limited liability company,on behalf of said company. Notary Public THIS INSTRUMENT DRAFTED BY: Gries Lenhardt Allen,P.L.L.P. (JMP) 12725 43`d Street NE, Suite 201 St. Michael,MN 55376 (763)497-3099 4 Agenda Page 65 EXHIBIT A TO DECLARATION AND GRANT OF EASEMENT Legal Description and Depiction of Parking"Lot Area s i ' s ; 'f Agenda Page 66 £XHIIT a TO DECLARATION AND GRANT OF EASEMENT Legal Descriptionand Depictio of P\ygro Are �« : »: " �2 < - � Agenda Page 67 EXHIBIT C TO DECLARATION AND GRANT OF EASEMENT Legal Dec!! !!a and Dep lc Eno Pod Ai-ea lz �j Z Agenda Page 68 N (Above Space Reserved for According Data) DECLARATION AND GRANT OF EASEMENT (Private RoadAy) This Declaration and Grant of Easements (the"Declaration") is made as of the_day of ,2020, by Heuring Meadows,LLC, a Minnesota lrmtted liability company(the "Declarant"). RECI01 TA`L5 y WHEREAS,Declarant is the owner of the following described'reaI property: Lots 1, 2 and 3, Block 1, HEURING MEADOWS COMMONS,Wright County,Minnesota(the "Burdened Pro e WHEREAS,Declarant desires tofestablrsh a non-exclusive casement for use and access as a private roadway over, across and"upon portions of the Burdened Property for the benefit of the owners aneoccupants of.the following described real property: Lots 2 and 3, Block 1, A HEURING MEADOWS COMMONS',-Wright County,Minnesota(the`Benefitted Property"), subject toJhc terms and conditions set forth herein, NOW,THEREFORE,Declarant hereby declares that this Agreement shall constitute covenants to run with the Beneftted Property and the Burdened Property, and that said property shall be owned, used, occupied,.and conveyed subject to and together with the covenants,rights, obligations and restrrcti.d.-I set forth herein, all of which shall be binding upon all persons owning or acquiring aright,title or interest therein, and their heirs,personal representatives, successors and assigns. I. Declaration of non-Exclusive Easement. Declarant hereby declares, grants and establishes the following perpetual, appurtenant non-exclusive easement(the "Easement") over, across and through the Burdened Property for vehicular and pedestrian access, ingress and egress over and across the private roadway (the "Private Roadway'), now or hereafter constructed and subsequently improved and maintained for such use on that portion of the Burdened Property legally described on the attached Exhibit A and EXHIBIT L. Agenda Page 69 depicted on the attached Exhibit B (the "Private Roadway Easement Area") in favor and for the benefit of the owners and occupants of the Benefitted Property. 2. Installation of Improvements. Declarant shall install and construct the Private Roadway within. the Private Roadway Easement Area subject to, and in accordance with, all applicable codes and ordinances. 3. Maintenance of Improvements. The owner of Lot 2,Block 1,HEURING MEADOWS COMMONS, Wright County,Minnesota("Lot 2 Owner") shall be responsible for the maintenance, repair and replacement("Maintenance")of all itmroverments within the ,..,:: Private Roadway Easement Area, including,without Iimitatli&, patching and resurfacing, and removal of ice and snow. The Lot 2 her shah.(i)perform its obligations hereunder in a good and workmanlike manner; (rr)maintain and operate the Private Roadway in serviceable condition ; (iii)coi4ly ith all laws,rules, orders, ordinances, regulations and requirements now,or hereafter enacted or promulgated by any federal, state, or local or other governmental`body or agency having jurisdiction with respect thereto; and (iv) shall not cause or permit.any mechanic's lien to attaeh'to Lot 1 or Lot 3,Block 1, HEURING MEADOWS COMMONS;Wright County,knnesota ("Lot 1"and"Lot 3",respectively). The Easement`shall include a right of reasonable access to the Private Roadway Easement Area in favor of the Lot 2 Owner to exercise its rights with respect to the Easement acid discharge its Mainfenance obligations established hereunder. 4 / 4. Shared Cost of Maintenance. a. The owner of Lot J,Lot 2 or Lot 3;'as applicable, shall be solely responsible for any damage to the Private Roadway that is caused by the act or omission of such owner, or such owner.:,s tenants, licensees, guests or invitees. b. Unless and until such time as the Private Roadway Easement herein is granted for the benefit of Lot 3, and`except:;as sa forth in subsection a. above,the owner of Lot 3 sI if not bexesponsible for'any costs or expenses related to the Maintenance of the Private Roadway. c. Except as set forth rn subsection a, above, all costs and expenses of the Maintenance of;the Pril c Roadway shall be allocated among the owner of Lot 2 and Lot 3 as followsyEED TO DETERMINE HOW TO,ALLOCATE COSTS; AND METHOD FOR LOT 2 OWNER TO BE REIMBURSED i 5. General Liability Insurance? 6. Notices? 7. Indemnification and Hold Harmless. The owner of Lot 1, Lot 2 and Lot 3 shall indemnify and hold each other owner, and its respective heirs and assigns,harmless from any and all claims, damages, costs and expenses, including reasonable attorney fees and other costs of defense and investigation arising out of or resulting from the use of the Private Roadway Easement or breach of this Declaration by such owner, its tenants, licensees, guests or invitees. Agenda Page 70 8. Improvements Restricted. No person other than the Declarant or the Lot 2 Owner shall construct or permit or allow the construction or installation of any improvements or the storage or placement of any materials or personal property on or within the Easement Areas that would in any way interfere with or otherwise impede the rights herein granted with respect to the Easement. The Lot 2 Owner shall have authority to remove any unauthorized improvements, materials or personal property on or within the Easement Area, and to undertake action, legal or otherwise, to enforce the conditions and restrictions contained in this Declaration. f� 9. Use Restrictions. The use of the Private Roadway Easement Area shall be expressly limited to the purposes specified herein. Except for temporary and reasonable activities required in connection with Maintenance,no obstruction which v uld prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles aver any portion of the Private Roadway shall be erected, condoned or permitted,nor shall any other conduct,passive or affirmative, including but not limited to the parking or storage of vehicles;'. permitted which would in any manner restrict the rights,of�the respective owners of any=of the Benefited Property, their tenants, invitees, guests and licensees to fully utilie the Private Roadway for the purposes permitted herein. Inn event shall any owner allow any construction-related traffic that will-cause damage to the Private Roadway to utilize the Private Roadway, nor shall any ownex allow traffic to use said Private Roadway which has a weight rating which exceeds the weight gating for which said Private Roadway was designed and constructed. 10. Waiver. No person or entity having or acquiring any Interest in the Burdened Property or the Benefitted Property, shad have the right to contest or challenge the Easement,or other restrictions,.;eove ams and i conditions set forth in this Declaration on the basis of the s passage of time Al such persons and entities by their assertion or acceptance of any interest in the Burdened-Property o the Benefitted Property, are hereby estopped from asserting and shall be deemed to have waived any claim that any provision of this ileolaration is4ix invalid or unenforceable in whole or in part due to the passage of time Whether such claim;arises or ml rought forth under Minnesota Statutes Section 500.20, M inesota Statutes Seetion 591"023, or any other statute or law heretofore or hereafter enacted;:;:,_ 11. Construe 0.j and Binilln Effect. The Easements and each and all of the covenants, rights, obligations and restrictions granted, conveyed or established by or under this Declaration are affirmative and negative covenants which shall run with the land and shall be interpreted and construed as integral, essential and non-severable parts of this Declaration. This Declaration shall be binding upon and inure to the benefit of the parties hereto,their respective successors and assigns, and any other persons having or acquiring an interest in the Benefitted Property or the Burdened Property. 12. Applicable Law. This Declaration shall be construed and enforced in accordance with the laws of the State of Minnesota. If any portion of this Declaration is unenforceable Agenda Page 71 under Minnesota law,the balance of the Declaration shall remain in full force and effect if enforcement of the remainder of the Declaration is reasonably practicable. 13. No Dedication. Nothing herein contained shall be deemed a gift or dedication of any portion of the Private Roadway Easement Area or the Burdened Property to the general public. 14. Non-Merger. The Easement and the covenants and conditions contained in this Agreement shall not terminate or be deemed to have merged into any estate by virtue of any owner, now or hereafter, owning or acquiring'title to all or part of both the Benefitted Property and the Burdened Property. 15. Duration/Amendment. Except as otherwise specifically providcd above, Easements, covenants, restrictions and obligations established;hereby shall be effective upon the recording of this Deelaratioh in the appropriate recording office of Wright County and shall be perpetual unless terminated or modified by an amendment. This Agreement may be arimended only with the apptova6of the owners of the Burdened Property and the Benefitted'Property. Thezmendment , � shall be reduced to writing, signed by the approving parties and recorded in the same county recording office in which this Declaration is recorded. IN WITNESS WHEREOF,Declarant has executed this Declaration on the day set forth above. He'iiring Meadows,LLC, a Minnesota"limited liability company ll BY'' Walt Van Heest Its: Chief Manager STATE OF MINNESOTA',,) ss COUNTY,OF . The foregoing instrument was acknowledged before me this_day of , 2020, by Walt Van Heest the,'Chief Manager of Heuring Meadows, LLC, a Minnesota limited liability company, on behalf of sid company. Notary Public THIS INSTRUMENT DRAFTED BY: Gries Lenhardt Allen, P.L.L.P. (JMP) 12725 43rd Street NE, Suite 201 St. Michael,MN 55376 (763) 497-3099 Agenda Page 72 EXHIBIT A TO DECLARATION AND GAT Of EASEMENT Description of PrivateRoad Easement Area A3%QO wide casement for private drive purposes over,under, a and acro7 thef llowingdmc be property: Lots 1, 2 and 3, Block1, HEUR NG MEADOWS COAMONS co i m the recorded plat thereof, Wright Cou«y Minnesota. } _ - �� The centerline of saideasement R described as follows y :2 \.d� \ . y» �» Agenda Page 73 EXHIBIT TO DECLARATION AND GRANT OF EASEMENT Depiction of Private Road Easement Area ��\ Agenda Page 74 A,lbertville Small living.Big life. MEMORANDUM Date: March 10, 2020 To: Al Brixius, City Planner Cc: Paul Heins - Building Official Eric Bullen- Fire Chief Scott Dahlke, P.E. —Civil Engineering Site Design From: Adam Nafstad, P.E., City Engineer Subject: Heuring Meadows Commons Final Stage PUD Review The following items shall be included as conditions of PUD approval for Hearing Meadows Commons: A. All Engineering plan review comments shall be addressed to the satisfaction of the Fire Chief and City Engineer. B. Plans shall comply with Minnesota State Fire Code (MSFC) for fire flows and Fire Features found in Chapter 5. C. The Applicant secures are necessary construction permits required for the improvements and provides the City with a copy of the permits prior to the start of construction. Permits include NPDES (storm water), Mn Department of Health (watermain), Mn Department of Labor and Industry, MPCA(sanitary sewer), and Wright County permits as required. D. The plans and plat shall be submitted to the Wright County Highway Department for review and approval. An entrance permit and/or work within the right-of-way permit will be required. E. Right-of-Way shall be dedicated as determined by the County. F. All Improvements are constructed in accordance with the latest edition of CEAM's Standard Utility Specifications and Albertville City Standards. G. Record drawings of all site improvements, as described by the City's As-Built Checklist, are required prior to release of surety. H. SAC and WAC fees shall be paid prior to issuance of building permits. I. The monthly storm water fees shall be established prior to issuance of building permits. J. Drainage and utility easements shall be established over all sewer and water and stormwater improvements, as proposed on sheet C1.0, Development Plan, of the 02/04/20 Final Stage PUD plans. K. An ingress and egress easement over the private drive shall be provided to the residential parcel in the northeast corner of the plat. The access easement shall include the entire north/south segment of the private road, the east/west segment located to the south of the parcel, and the two east/west segments to the west of the parcel. Albertville City Hall•5959 Main Avenue NE,PO Box 9•Albertville,MN 55301 •(763)497-3384 Agenda Page 75 Exhibit M Final Stage PUD Memo—Heuring Meadows Commons 03/10/20 Page 2 of 3 L. All sidewalks,pedestrian ramps, handicap stalls and accessible routes shall be compliant with ADA standards. M. Signing and striping of the parking lots shall be in accordance with the latest edition of the MMUTCD and as required by fire regulations. N. An operations and maintenance plan for the proposed stormwater management system shall be submitted for review. O. Street Lighting—a lighting plan for the site shall be submitted for review. P. Traffic Signal—A traffic signal at CSAH 19 and 53rd Street NE will be required. The Developer shall be responsible for all costs associated with the traffic signal, required modification to 53rd Street NE and/or CSAH 19, and striping. Q. The proposed right-in/right-out access to CSAH 19 will need to be constructed prior to occupancy of the townhomes and apartments. A detailed design and traffic control plan shall be submitted for review. The Developer shall be responsible for all trail and utility relocation work required as part of the turn lane work. The Developer shall protect all trees and structures on the private property and adjacent to the R/W. Developer shall coordinate work with private property owner. R. Development fees shall be established and paid per the PUD Agreement. S. Surety for the improvements shall be required and in place prior to release of plat. The surety requirement shall be 100% of the municipal improvements, 50% of the on- and off-site improvements, and 150% of the landscaping improvements. T. The Final Stage PUD Plans, dated 02/04/20 shall be revised to address the following plan review comments (note: numbering below corresponds to redlined plans provided to Civil Engineering Site Design) Sheet C 1.0 1. Provide ingress and egress easements to residential parcel as highlighted. Sheet C2.1/2.2 1. Consider revising all D412 curb to 13612. 2. Find a more attractive alternative to the proposed guard rail. 3. Consider heavy pavement sections at the areas noted, as these segments may be used for future development to the east. 4. A separate detailed design of the right turn lane and trail relocation will be required. 5. Include restoration notes for street and sidewalk patching. Sheet C3.1/3.2 1. Provide a detail of the Pond EOF. 2. Revise grading to ensure no runoff is directed to the adjacent property. Sheet C4.1/4.2 1. Remove and replace existing GV at location noted. Albertville City Hall•5959 Main Avenue NE,PO Box 9•Albertville,MN 55301 •(763)497-3384 Agenda Page 76 Exhibit M Final Stage PUD Memo—Heuring Meadows Commons 03/10/20 Page 3 of 3 2. Provide separate domestic and fire protection water lines with valves located within easement. 3. Remove and replace existing GV at location noted. 4. Replace 90 degree bend with 2—45's at location noted. 5. All townhome unit water services shall include a curb stop. Relocate service sets so curb stops are not located in driveways or pavement. 6. Add a 4"RSV at the location noted. 7. Remove the 8"RSV at the location noted. 8. Extend 8"watermain to the northeast parcel. 9. Remove the text and leader at the location noted. 10. Revise 4" segment of watermain to 6" and extend to northeast parcel. 11. Add hydrant and GV at the location noted. 12. Label "connect to existing"watermain at location noted. Sheet C5.1/5.2 (and stormwater calculations) 1. The stormwater calculations show catchment 21 S being routed to the on-site retention pond,but the proposed backyard storm sewer line behind the quad homes ties into the existing storm sewer that discharges into the existing common pond. Extend the storm sewer from CB-27 south into the retention pond. 2. Provide storm sewer sizing calculations. 3. Submerge FES-A2 so that it acts as a skimming device. Include city detail plate 4-200 in details. 4. Revise directional arrows on existing storm sewer. 5. Remove the non-existing storm sewer as noted(this storm sewer is not there). 6. Bulk head all existing storm sewer stubs along westerly boundary. 7. Remove (not retrofit) existing CB in turn lane (final design needed). 8. Adjust structure in trail as needed(final design needed). 9. All work on 53rd Street shall be coordinated with the City. Pavement restoration shall be completed within 72 hrs of initial disturbance. Sheet 6.1/SWPPP 1. Ensure all items in Section 5.1 of the NPDES construction permit are provide, specifically Section 5.9. 2. SWPPP will need to be revised per construction staging and sequencing. Separate SWPPP's will be needed for construction of lots 1 and 2. Please let me know if you have any questions. Albertville City Hall•5959 Main Avenue NE,PO Box 9•Albertville,MN 55301 •(763)497-3384 Agenda Page 77 Exhibit M GO JET Y pk 40 1.0 to December 13,2019 O 4. �y 786 Adam Nafstad Albertville City Engineer/Administrator 5959 Main Avenue NE Wright County PO Box 9 Highway Department Albertville,MN 3600 Braddock Ave NE Buffalo,MN 55313 Ph:(763)682-7383 Fax:(763)682-7313 RE: Plat Review—Heuring Meadow Commons CSAH 19,Albertville VIRGIL HAWKINS,P.E. plat No. 19.06 Highway Engineer CHAD HAUSMANN.P.E. Assistant Highway Engr. Dear Mr.Nafstad, STEVE MEYER Maintenance We have received the application for Preliminary Plat Review for the proposed Heuring Superintendent Meadows Commons. Wright County may have additional comments prior to signing the JEREMY CARLSON.P.L.S. plat and as the project progresses to the permitting and construction phase. We have the Right-of-Way Agent following comments at this time. SARA BUERMANN,P.E. Traffic Engineer 1) The proposed plat is along County State Aid Highway(CSAH) 19. 2) An Access Permit will be required for the proposed private street access. A right turn lane to the proposed private street access must be incorporated on CSAH 19 as part of this proposed development. Length and typical section to be determined when additional information is provided to the county as part of the permitting process. 3) The plat must show access/right of entry to the development's private street for PID 101500024100. When PID 10 1500024 100 develops, access will be from the private street and not directly to CSAH 19. 4) Any proposed work within the CSAH 19 right of way will require a Right of Way permit. 5) The traffic study completed by SRF and dated December 2,2019 recommends the installation of a traffic signal at the intersection of CSAH 19& 531 Street NE. The traffic signal will be required to be constructed at no cost to the County. 6) A cooperative agreement between the City of Albertville&Wright County addressing issues related to the proposed highway improvements(future signal),must be in place &approved prior the Highway Department issuing any access and/or right-of-way permits for the above-mentioned development. EXHIBIT N An Equal Opportunity Employer Agenda Page 78 Page 1 of 2 7) The proposed development drainage must not exceed existing drainage rates(i.e.the rate at which storm water is discharged from the site must not increase)into the County highway system along CSAH 19. The City or project developer will need to verify that all existing drainage patters and system affecting Wright County Highway right of way will be perpetuated. Please contact us at 763-682-7383 if you have any questions or need further clarification. Sincerely, I a4'al C Sara Buerrnann,PE Traffic Engineer Cc: Virgil Hawkins, County Engineer Chad Hausmann,Assistant County Engineer Scott Dahlke,Civil Engineering Site Design,LLC Steve Jobe,County Surveyor Eric Stennes, Senior Survey Technician File Agenda Page 79 Page 2 of 2 AGREEMENT NO. 19-56 COOPERATIVE HIGHWAY IMPROVEMENT TRAFFIC CONROL SIGNAL MAINTENANCE AGREEMENT BETWEEN THE COUNTY OF WRIGHT AND THE CITY OF ALBERTVILLE FOR HIGHWAY IMPROVEMENTS ASSOCIATED WITH THE HEURING MEADOWS COMMONS DEVELOPMENT CSAH 19 IN THE CITY OF ALBERTVILLE P:IAGREEMNTSUlbeilville 1956 IIeuring Meadows Comnions.CSAH 19.doc EXHIBIT N Agenda Rage 80 COUNTY OF WRIGHT CITY OF ALBERTVILLE Reeom mended for Approval: Recommended for Approval: Weight County Engineer City Engineer, City of Albertville Approved: Approved: Wright County Board Chair Mayor,City of Albertville Wright County Administrator Administrator, City of Albertville Wright County Attorney City Attorney, City of Albertville Date Date December 1 S,2019 FAAGREEMNTSWberwille 1956 Heuring Meadows Commons.CSAH 19.doe Agenda Pfige 81 �lbcrtvi11c Mayor and Council Request for Action March 12, 2020 SUBJECT: HEURING MEADOWS COMMONS DEVELOPER'S AGREEMENTS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve developer's agreements for Lots 1 and 2 of Heuring Meadows Commons. BACKGROUND: Heuring Meadows Commons consists of a mixed-use PUD including a commercial day care, 26 townhomes and a 159-unit apartment building. The development received preliminary plat approval and development stage PUD approval as a three-lot subdivision, with the daycare on Lot 1, the apartments on Lot 2 and the townhomes on Lot 3. The Developer is proposing to combine Lots 2 and 3 so that the plat will only have Lot 1 (daycare) and Lot 2 (townhomes and apartments). Because the costs to develop the apartments and townhomes are so large, and because the Developer does not have the financing package for the residential construction in place at this time, the Developer is asking that a number of fees and financial obligations that are normally due when the plat is filed be due for Lot 2 prior to the issuance of a building permit for any of the residential buildings. These fees would include park dedication fees, the 3.5% administrative fee, sanitary sewer and water trunk line fees and the letter of credit. Because the day care on Lot 1 is ready to go as soon as all City approvals are in place but the residential development on Lot 2 is not ready now, and because Lot 1 is going to be sold by the developer at closing, the developer has asked that the City approve two separate developer's agreements, one for Lot 1 and one for Lot 2. KEY ISSUES: • All residential apartments and townhomes are now on Lot 2; the daycare remains on Lot 1. • Lot 1 (commercial daycare)has a separate developer's agreement that will require a letter of credit and payment of fees at the time of the filing of the plat. • The Lot 1 developer's agreement will be assigned to the developer of the daycare, who will resume full responsibility for the obligations of the developer for Lot 1, and Heuring Meadows, LLC will be released from the obligations of the Lot 1 developer's agreement and only remain responsible for Lot 2's developer's agreement obligations. P:\City Council\Council Packet Information\2020\031620\Ileuring Meadows Items\7-RCA Heuring Meadows Commons dev agreements.docx Meeting Date:March 16,2020 Agenda Page 82 Mayor and Council Request for Action—March 16, 2020 Heuring Meadows Commons Developer's Agreements Page 2 of 3 • The Developer of Lot 1 will put up a letter of credit in the amount of$129,180 to ensure completion of the required improvements on this lot, $42,000 of which is to ensure payment of the stoplight costs. • Lot 2 (all residential units)has a separate developer's agreement that will require payment of$610,000 in park dedication fees, an administrative fee likely to be approximately$24,000, and sanitary sewer and water trunk line fees of approximately $39,000 at the time the first building permit is pulled for any residential building rather than at the time of the filing of the plat, which is when these fees are normally collected. • The Lot 2 developer's agreement will not require a letter of credit until such time as the first building permit is applied for rather than at the time of final plat when we normally require a letter of credit. • The Developer of Lot 2 will have to install municipal sewer, water, storm sewer, ponding, and the private drive, which will also serve Lot 1 should the Council deem that necessary in the future. • The private drive will also serve the current house located north of the plat and which abuts CSAH 19 if deemed necessary by the Council in the future. • The owner of Lot 1 will provide a letter of credit for 14% of the $300,000 estimated cost of the stop light at the time of filing of the final plat. The owner of Lot 2 will provide a letter of credit for 86% of the $300,000 estimated cost of the stop light prior to the filing of a building permit application. Once the letters of credit are in place, the City will contract for and install the stoplight and accompanying changes to the intersection of 53rd Street and CSAH 19. • The Developer will sign a waiver of the right to appeal an assessment of the stoplight cost in the total amount of$300,000 ($258,000 to Lot 2, and$42,000 to Lot 1). The number of years of the assessment will need to be determined when the assessment is levied. Once occupancy permits for all residential units are issued(i.e. after all townhomes and the apartments are fully constructed), and after the assessments for the stoplights are levied the City will release that portion of the letter of credit attributable to the stoplights. The thought here is that after a multi-million dollar investment in the lots, the special assessments will be timely paid and will not go tax forfeit, eliminating the need to keep the letter of credit over the entire term of the assessment. POLICY/PRACTICES CONSIDERATIONS: Developer's agreements are approved with all final plats that require installation of improvements. The Lot 2 developer's agreement varies considerably from our standard agreements in that the letter of credit and a number of the fees normally paid at the time of plat will not be due until the Developer is ready to apply for a building permit. Staff believes that this arrangement will ensure that Lot 2 cannot be developed until all applicable fees and the letter of credit are received. City Staff will need to make sure that no building permit is issued for Lot 2 until all such fees and the required letter of credit are in place. FINANCIAL CONSIDERATIONS: As noted above, the Lot 2 developer's agreement delays the time that the City will receive about $675,000 in fees and a letter of credit in excess of$1 million until the Developer is ready to apply for a building permit. It also delays the installation of the stoplight until such time as the Developer is ready to apply for a building permit. This agreement presumes that the Developer ultimately puts the necessary financing package together P:\City Council\Council Packet Information\2020\031620\Ileuring Meadows Items\7-RCA Heuring Meadows Commons dev agreements.docx Meeting Date:March 16,2020 Agenda Page 83 Mayor and Council Request for Action—March 16, 2020 Heuring Meadows Commons Developer's Agreements Page 3 of 3 and applies for the building permit. If that does not occur, Lot 2 will sit vacant and the City will not receive these fees until such time as the Developer is able to get financing, or a new development proposal is brought forward and approved, at which time these fees would be addressed in the new development approval. In short, we are not able to provide a date certain upon which these fees will be paid to the City or a date upon which the stoplight will be installed. LEGAL CONSIDERATIONS: The Lot 2 developer's agreement provides no set timeline upon which the City can require the Developer to pay the required fees and post the letter of credit. If the Developer does not post the letter of credit or pay the required fees, the City's only practical remedy is to withhold building permits for the residential buildings on Lot 2. Responsible Person/Department: City Attorney, Mike Couri Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Developer's Agreement, Lot 1; Developer's Agreement, Lot 2 P:\City Council\Council Packet Information\2020\031620\Ileuring Meadows Items\7-RCA Heuring Meadows Commons dev agreements.docx Meeting Date:March 16,2020 Agenda Page 84 CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT HEURING MEADOWS COMMONS, LOT 1 THIS AGREEMENT, entered into this day of March, 2020 by and between Heuring Meadows, LLC., a Minnesota Limited Liability Company 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 and developer of the real property described in Exhibit A, attached hereto and incorporated herein by reference, which real property is proposed to be subdivided and platted for development and which real property is subject to the provisions of this Agreement; and WHEREAS, Developer is proposing to subdivide Outlot A of the plat of Heuring Meadows, Wright County, Minnesota, into 2 lots with the intention of constructing a commercial daycare operation on Lot 1 of Said Plat, and a 159 unit apartment complex and 26 townhomes on Lot 2 of Said Plat. Said subdivision which is to be governed by this Agreement is intended to bear the name "Heuring Meadows Commons"and shall be hereinafter referred to in its entirety as"Said Plat"or"Subject Property"; and WHEREAS,the City has given final approval of Developer's plat of Heuring Meadows Commons (attached hereto as Exhibit B) 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, stop lights, improvements to CSAH 19 and 53rd Street, sanitary sewer, municipal water,moving of the existing trail, street signs, traffic signs and drainage pond(hereafter"Municipal Improvements")be installed to serve the Development, to be financed by Developer; and 1 Agenda Page 85 WHEREAS,the City further requires that certain on- and off-site improvements be installed by the Developer within Said Plat, which improvements consist of boulevards, Private Drive, storm sewer, top soil and sod, grading control per lot,bituminous or concrete driveways, drainage swales,berming, street signs, street lights, street cleanup during project development, erosion control, landscaping, and other site-related items; and WHEREAS,this agreement applies only to Lot 1 in Said Plat while a separate Development Agreement to be executed by Developer and City will apply to Lot 2 in 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 the development of Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Planned Unit Development. The Development is hereby allowed to be developed as a Planned Unit Development with flexibility from the strict requirements of the City's Zoning Ordinance in relation to selected items detailed in this paragraph: A. The uses on Said Plat shall be restricted as follows: 1) Uses on Lot 1 of Said Plat shall be limited to a commercial daycare constructed in the configuration shown on the attached Exhibit C and substantially similar to the renderings shown on the attached Exhibit D. The underlying zoning applicable to said Lot 1 shall be the City's B-2A zoning ordinance as it is amended from time to time, except for such variation from the terms of such zoning as is specifically provided in this Agreement and except that the principal use on such lot shall be a commercial daycare. No other structures shall be constructed on said Lot 1. B. Setbacks on Lot 1 shall be as shown on the attached Exhibit C. C. Lots 1 and 2 of Said Plat shall be subject to an easement agreement which shall include provisions substantially accomplishing the following objectives: 2 Agenda Page 86 1) Lots 1 and 2 of Said Plat shall have full use of the private drive and parking areas on Said Plat extending from 53d Street to CSAH 19 as shown on the attached Exhibit C (collectively, "Private Drive"), provided that Lot 1 shall not initially be connected to the Private Drive, but shall connect to said Private Drive if deemed necessary by the City Council. Said connection, if required by the City, shall be made in the location shown on the attached Exhibit E. At such time as Lot 1 connects to the Private Drive, Lots 1 and 2 shall share the costs of maintaining the Private Drive. The Private Drive shall be maintained by the owner of Lot 2 in good repair at all times similar to the manner in which the City maintains its residential streets. 2) At the time the fmal plat is recorded,Developer shall record an easement agreement at the Wright County Recorder's Office that shall be binding upon said Lots 1 and 2,that meets the approval of the City Attorney and the City Engineer, and that provides for access to the Private Drive by Lot 1 if required by the City. Said Private Drive shall not be maintained by the City and shall remain a private road. D. The Private Drive shall be constructed by Developer and shall be signed "no parking" at all times except in the designated parking areas shown on the attached Exhibit C. In the event the Private Drive is not maintained in good repair at all times, the City may,but shall not be required to, maintain said Private Drive and parking areas adjacent to the Private Drive. The owner of Lot 2 agrees to pay all costs of such City maintenance within 30 days of the mailing of an invoice by the City. If the owner of Lot 2 fails to so timely pay said invoice the City may certify said costs to the County Auditor for collection with the real estate taxes for said Lots 1 and 2 pursuant to Minn. Stat. 366.012. If at such time Lot 1 is using the Private Drive, the City shall apportion such costs between the lots according to the relative percentage of their square footage to the total square footage on Said Plat. E. Trees, shrubs,berms and screening are to be planted and installed as shown on the landscape plan attached as Exhibit F, at such times set forth below: 1) The landscaping shown on Exhibit F shall be installed no later than 60 days after issuance of occupancy permits for the buildings closest to such landscaping, weather permitting. 2) The owner of Lot 1 shall replace trees and plantings shown on the landscaping plan attached as Exhibit F that become diseased or die on Lot 1 from time to time and shall maintain such landscaping screen in good repair at all times. 3 Agenda Page 87 F. Required lot line,road and building setbacks for the lots shall be as shown on the attached Exhibit C. G. Developer agrees that the 159-unit apartment building and the 26 townhome units to be constructed on Lot 2 of Said Plat will create a dangerous traffic situation at the intersection of 53rd Street and CSAH 19 unless a stoplight and turn lane improvements are installed at said intersection. Accordingly, to avoid the occurrence of such a dangerous situation, Developer agrees that no occupancy permits shall be issued for any residential units on said Lot 2 until stoplights are installed at the intersection of CSAH 19 and 53' Street and the accompanying street improvements recommended in the traffic study conducted by SRF dated December 2, 2019 and on file with the City Clerk ("Stoplight Improvements") are installed. Developer shall be responsible for the cost of the installation of such Stoplight Improvements. Developer shall provide the City with a letter of credit securing the payment of the cost of said Stoplight Improvement as required by paragraph 3 of this Agreement. The City shall construct said Stoplight Improvements so long as adequate funds remain available in Developer's letter of credit required by paragraph 3 of this Agreement. Developer has requested that the City construct the Stoplight Improvements and specially assess the costs of said Stoplight Improvements to the properties in Said Plat, and Developer agrees to execute the Assessment Waiver attached as Exhibit G to this Agreement. H. Developer shall install storm sewer on Lot 1 as shown on the Storm Sewer Utility Plan attached Exhibit H at Developer's expense. I. Developer shall install those fire hydrants located on Lot 1 as shown on the Heuring Meadows Commons Final Stage PUD Sanitary and Water Utility Plan. Hydrant number 1 shall be installed prior to the issuance of an occupancy permit for the building on Lot 1 and hydrant number 2 shall be installed concurrently with the installation of the water line on Lot 2. J. For a period of two years from the date of approval of Said Plat any modifications to the City's Official Controls shall not apply to Said Plat. At the end of said two-year period, any such modifications to the City's Official Controls shall apply to Said Plat in accordance with Minnesota law. 2. Construction of On- and Off-Site Improvements. A. Developer shall construct all on- and off-site improvements on Lot 1 including installation of yard top soil, sod and seed in all yards, 4 Agenda Page 88 landscaping, grading control per lot,bituminous or concrete driveways and parking areas, storm sewer, drainage swales,parking lot striping, parking lot lighting and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance and this Agreement, and in accordance with the plans submitted by the Developer and approved by the City. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. Said on- and off-site improvements shall be installed prior to the issuance of an occupancy permit for any structure on Lot 1, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Lot 1. B. Developer shall, at its own expense, be responsible to ensure the following items are installed on Lot 1, all such items to be installed underground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by Center Point Energy or other such carrier; In addition, the Developer shall, at its own expense, cause streetlights and street signs to be of such type and to be installed at such locations on Lot 1 as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. The owner of Lot 1 shall be responsible for streetlight operational expense for all street lights installed on Lot 1. C. Developer shall grade Lot 1 consistent with the Grading, Drainage and Erosion Control Plan attached as Exhibit I. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan attached as Exhibit I shall be strictly complied with. Developer shall maintain erosion control measures in accordance with MPCA's Best Management Practices at all times during the development of Said Plat. 5 Agenda Page 89 D. 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 On- and Off-Site Improvements and for erosion control work. Developer agrees to pay for all costs incurred by the City during said inspections. 3. 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 related to Lot 1 under this contract shall be performed. Said letter of credit or surety shall be in the amount of $129,180, calculated as the sum of. 1) 14% of the estimated cost of installing the Stoplight Improvements ($42,000), 2) $1,500 per acre for erosion control and off-site improvements on Lot 1 ($2,430), 3) 50% of the cost of installing the storm sewer on Lot 1 ($28,125), and 4) 150%of the estimated cost for landscaping/screening materials on Lot 1 ($56,625). B. 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 cancellation of the letter of credit is specifically approved in writing by the City. C. The City may draw on said letter of credit or surety after required written notice to complete work not performed by Developer (including but not limited to on- and off-site improvements, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred by the City related to the installation of Stoplight Improvements, 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 3A above or a 6 Agenda Page 90 lesser amount authorized by the City Council pursuant to paragraph 4B below. D. 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 shall pay within thirty(30) days of the mailing of said billing said deficient amount. If there should be an overage in the amount of utilized security, the City 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. E. Developer hereby agrees to allow the City to specially assess Developer's property for any and all reasonable 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. F. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. G. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may 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. H. In the event the Developer files bankruptcy or in the event a bankruptcy proceeding is filed against Developer by others and is not 7 Agenda Page 91 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. 4. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the on- and off-site Improvements, and/or landscaping improvements, 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 and on- and off-site improvements and landscaping improvements which have been fully completed and payment made 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 on- and off-site 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. iii. When all or a portion of the landscaping improvements have been installed pursuant to the Landscaping Plan attached as Exhibit F, 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 8 Agenda Page 92 Landscaping Improvement costs for two years from the time of the installation of said landscaping materials. iii. 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. Upon 1) installation of all Stoplight Improvements; and 2)the issuance of a certificate of occupancy for all 159 units in the apartment building to be built on Lot 2; and 3)the special assessment of Lot 1 for the cost of the Stoplight Improvements, the City shall reduce the letter of credit by 14%of the estimated cost of the Stoplight Improvements as set forth in paragraph 3.A of this Agreement. D. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty(30) days of billing. 5. Abandonment of Proiect- Costs and Expenses. 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 Lot, 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 Lot 1 to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Lot 1 and to facilitate mowing of Lot 1. 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. 6. Developer to Pay 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 9 Agenda Page 93 costs incurred in the creation, administration, and execution of this Agreement and the approval of Said Plat. In addition, Developer shall reimburse the City for all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting the improvements required to be installed on Lot 1, as well as any costs of enforcing this Agreement as it pertains to Lot 1, including the City's court costs and reasonable attorney's fees. 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 Said Plat without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 7. Sanitary Sewer and Water Trunk Line Fees. A. 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 1.62 acres in said Lot 1 to which the Trunk Charges apply, which received final plat approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees for said Lot 1 are $6,447.60 ($3,329.10 in sanitary sewer trunk line fees calculated as $2,055.00 x 1.62 acres and $3,118.50 in water fees calculated as $1,925.00 x 1.62 acres). B. Developer agrees that the City's Storm Water Connection ordinance currently requires the Developer to pay a storm water connection charge of$1,500 per acre payable at the time the first building permit is applied for on Lot 1. That charge shall be calculated based on 1.62 acres and shall be calculated using the per-acre storm water connection charge in effect at the time the building permit application is submitted. 8. Erosion and Sediment Control. Developer shall implement all erosion control measures on Lot 1 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 10 Agenda Page 94 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 Lot 1 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 Lot 1 for the costs not covered by the letter of credit. No development will be allowed and no building permits will be issued unless the development is in full compliance with the erosion control requirements. 9. Ditch Cleaning. 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. 10. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage or repairs 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 construction activity which takes place during the development of Lot 1, including the initial construction of townhomes or the apartment building on Lot 1. 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 said construction that takes place in on Lot 1. 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 Lot 1 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 Lot 1 will be repaired within 14 days if not deemed to be an emergency by the City. 11 Agenda Page 95 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 Lot 1 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. 11. Temporary Easement Rights. Developer shall provide access to Lot 1 at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 12. 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, with the exception of the Stoplight Improvements which shall be constructed by the City with 14%of such costs being specially assessed to Lot 1. 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. 12 Agenda Page 96 E. This Contract shall run with the land, shall be recorded against the title to Said Plat and shall bind future owners of Lot 1. F. The Developer represents to the City that Lot 1 complies 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 on Lot 1 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. 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. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it fords to be in the best interests of the public health, safety and welfare. J. Developer shall obtain all required driveway, utility and other permits as required by 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. 13. 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), 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 13 Agenda Page 97 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 attorneys fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against Lot 1 pursuant to the terms of this agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 13(A) 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 irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 13A of this section shall not apply to any acts or rights of the City under the preceding paragraph 3G, and no notice need be given to the Developer as a condition precedent to the City declaring a default or 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. 14. Shared Private Drive and Access to Wright County Highway No. 19. A. Developer shall permit the owner of the property abutting on the north and east property lines of Said Plat and currently assigned Wright County Property Identification Number 101500024100 ("North Property") to use the Private Drive for ingress to the North Property provided that: 1. The City requires that Developer provide access to the North Property via said Private Drive. 2. The owner of the North Property agrees that the costs of 14 Agenda Page 98 maintenance and repair of that portion of the Private Drive shown on the attached Exhibit J which is located on the North Property shall be shared between the owner of the North Property and the owner of Lot 2(and the owner of Lot 1 if Lot 1 accesses the Private Drive as shown on Exhibit E)on the basis of the relative percentage of the square feet of the North Property to the sum of the entire square footage of Lot 2 and the North Property (and including the square footage of Lot 1 if Lot 1 accesses the Private Drive as shown on Exhibit E). The owner of said Lot 2 and the owner of the North Property may alter this cost sharing formula by mutual written agreement. 3. The owner of the North Property agrees it will not prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the Private Drive nor shall any other conduct, passive or active, including but not limited to the parking or storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited property, their tenants, invitees and licensees to fully utilize the shared Private Drive for the purposes permitted herein. However, in no event shall any the North Property owner allow any construction- related traffic that will cause damage to the shared driveway to utilize the shared driveway, nor shall any owner allow traffic to use said shared driveway which has a weight rating which exceeds the weight rating for which said shared driveway was designed and constructed. 4. The owner of said Lot 2 shall enter into an easement agreement with the owner of the North Property in substantially the same form and substantially the same terms as shown on the attached Exhibit K, provided the owner of the North Property agrees to enter into said easement, and provided that the owner of Lot 2 and the owner of the North Property may enter into a different easement agreement, provided such different agreement provides full, unrestricted access to the North Property from CSAH 19. 15. Dedications to the City. a. Park Dedication. Park dedication for Lot 1 shall be paid prior to the release of the final plat for recording by the City. Said payment shall be in the amount of$13,284.00 calculated as $8,200 per acre x 1.62 acres in Lot 1. 15 Agenda Page 99 16. 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 that 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. 17. Assignment of Contract. The Developer can assign the obligations of the Developer under this Contract. 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, except that if Developer assigns both the rights and the obligations of this Agreement to Krishna, LLC, Developer shall be relieved of all obligations under this Agreement provided Krishna,LLC accepts the assignment of such rights and obligations via written acknowledgement to the City. 18. 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. 19. 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 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 attorneys 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. 20. 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. 21. 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, except as specified herein, except that Developer's Agreement between Developer and the City for Lot 1 of Said Plat. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 16 Agenda Page100 22. 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 Heuring Meadows, LLC. 9437 Libby Lane Eden Prairie, MN 55347 952-820-1622 With a copy to: Vickram Aggarwal Krishna, LLC 6030 Lanewood Lane North Plymouth, MN 55446 612-812-0372 23. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Jillian Hendrickson Its Mayor By Kimberly A. Hodena Its Clerk 17 Agenda Page101 HEURING MEADOWS, LLC. By Its STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of March, 2020, by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of March, 2020,by Kimberly Hodena,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 March, 2020,by , as of Heuring Meadows, LLC. Notary Public DRAFTED BY: Couri &Ruppe P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 763 497-1930 18 Agenda Page102 EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lot 1, Heuring Meadows Commons, City of Albertville, County of Wright, State of Minnesota. 19 Agenda Page103 EXHIBIT B Final Plat EXHIBIT C Site Plan EXHIBIT D Elevations and Floor Plan of Daycare Building EXHIBIT E Connection to the Private Drive from Day Care Property EXHIBIT F Landscape Plan EXHIBIT G Assessment Waiver EXHIBIT H Storm Sewer Utility Plan EXHIBIT I Grading, Drainage and Erosion Control Plan EXHIBIT J Portion of Private Drive Subject to Shared Costs with North Property EXHIBIT K Easement Agreement with North Property 20 Agenda Page104 7B --g 63 BRA on IL 2, DR, RE LLI ENUM EzW li 2192 IR u z — - - - - - - - -- - - - - - - - - ----------I------- ------S*N aAV XnV96jV7J" T-1,afl�; 66 0�1 in iA� -mmw F R -------------- 1 6 NV7d 3115 zscss�ry!o9io=wowa— 31VJ5'16a'W.3n 3]bJ5]VJN02R/ON 0S /li 03NJ3MJ U ^ 8 i p o a Ond 3OV1S 7VNId sas.oe oa_ o vs R°ma�+e mas ev: Uy 2 Po N y P`�`2 aloBeYY/W'.jjA4-qrV —_N'JlSS03tlS.—_ as 1s a3N9/sa0 w �, ° Q o� ONIN3HNJ'JNB�IAL� :AB 63tltlAYtl N 0 WQ,.�„ Z e'c �'"- 1a31'OHd 1N3Wd073A3O 33l1-117nW 4S ,ts NmMlo �' SNOWWOO SMOUV3W ONRin34 mm e e o a aga= s o „R Z z �g W N =sglaeh ~Ow-)I °a H. 1-mi w €❑ � s 6 .9 - z p O § 3 S Js 2 rn g- ILL HE I � G�wos Oa �=a g°=w`� e "w z _ " s ss "fie -�' - ga. 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R II O to g! z: 01 ;Z= z IE- Ed 0 01 z NW'3ll1AJ.b38lV'3N3nN3AVxnv3831 0 I €��qLH m H a o 11 AM 1N3WdOl3A3a®OOHOTHJ AINV3 SO3 say ,.. s �° o !, r_' I 1®®H3S (INVO®OJ 3Hl :LLB �KTI I ,J� �. E o ! j g 110 gr lit I � i � ; ,E /`Jt�' S.i �Q®' t�lJ; i'�° ; !� i' N'ill• 1 °U x I �J LLI No 9 J_— .A I i N m r ( 0 F I I i t 1 1 ` 11 i I I r it I Y i — 1 r - I u -------, u I I I k 1 I ________—— _______ ____ _ rF, o __________� 1 __J ----- _ I i i r i i I I1 ----- I I r i I 1 I i LL I I n I I I C S I i 1 N �I I ; L-------- ------ ----- --- '---- -- ---- -- - --- _ 12 y Q L EXHIBIT E Connection to the Private Drive from Day Care Property (To be provided) Agenda Page111 SONLLNV7d 33lLL 311S _ OS AB 03N�3NJ U ^ tl Nv d 3dVOSONV7 6ac6ga wxPowoduowd—�/l �/✓Js'IbJub3� 3]uJs]VlNozmoH W m c v e g and 3OV1S 7VNId vs Ro wp>o.e iso3 a9i p AiJIS3(131IS OS AB 03N9IS30 W 4 n X J q e c ¢����� >?70BBWIW xB11A7�89M 'JNRIH3NI'JN3]IAIJ :A9 LLitltlditltl O 4 E a J.i731'OHd 1N3Wd073A3O 38f1-LLVIW ���C' OSSWOO As N.ure a W - SMOOVEN ONanaN � �°�°"a b .� •,:ad�a��u�°°'o�„ oz do Zo 3<bo F F£PF£FFP -xYPkk +_„^ FYYYYYYdY°° PPkFk d� A37383 8:8d g;y;?,d 8?3: 3siiaaaaa 3atll3 �'y„�¢ � uuuxsx..._ � A9tld3sStltl9% EEE]A d a Y m ^• � FH4�aalj -"zEi � ?f:!P ak 9i Si s�IsaEai I Yd`sE� Q MH ak a' k o= s t R " shies j;191 Bi3f? e 8 e��$ea�'$ a� -6 7;a9$aAtlds'-§e fYFz sCEtl •�F yrk dbbabYEse o "'Win ",ITT TTT • w W a - wo5 O Ii x ggags;m "sPYF SP; PPPPPFF „, n 3: Y:FP£kaYY £YYYP Z�"""""""" k xxx•F",,. € atlas Ebb ATaaa 91Y -- pep°p � ,.�,,,,,,,.,. �'.JGa Atl 9808 5aak1 - oig - s 8$a al�a $ E z�;_� sElY� 1� o� t•�.3€a �; 9 fr� fa � 98E Z' 9 a aps J e aQ 3s r y[ a »s Y 3 !{ Ist Z �mm sgf i Et d. a. �g € § 9 e- a BCaatle:Bz CG H aExn[GOY.Y°nd V''S 8.e 3=='� 9sssam firs C¢ 4 Y.x:e4&.y cew.5 W F $ ffi a pp wvz Q U, NLLLL sad�' sm V _c y Ea 3 U. a- i _ _se A a x� '£. °• as` ei akkE �� € � g v .€d „�' a3$ E. %'` gv9 n""_:'� bE E� Ep -- v� __ �, • ..� °8° _ -_ - s£F - !� $ N 2's _- es - ¢r=` 9P siC `€a `'`-e' _ 4' eO° € d - .aC n€P a C3u $ 8 E. Psta a $`a �- z g I�i!' 9_ E•K' F`^' n E'yg M $E .�sa Ee °" - _ "8� Rz..+- "es= e� tl" _ dI W wa -- -- \r� \` ('eny xneage-7) ,:�a> ,,., � � I •-'�`a`-L� -- g y' G Ht/SO —� - - Fri _ IF a I z : > ag BB I � `PI III A ik u 6d pde �f�,=3 VNH .--. m: 3Ntl03LbNtld �„ I 3Ntla 31b $ aa' k S�1 -_��-+ __� �.r V, _ •. .. _«-- _.. �, �,�\.._ �_= �_�l Ili k i i EXHIBIT G AGREEMENT FOR WAIVER OF OBJECTION TO SPECIAL ASSESSMENT ASSOCIATED WITH THE CONSTRUCTION OF COMMERCE BOULEVARD WHEREAS, Heuring Meadows, LLC, the owner ("Owner") of a parcel of property known as Lot 1, Block 1, Heuring Meadows Commons, within the City of Albertville, Minnesota ("Property") hereby petitions the Albertville City Council to install stop lights and associated street improvements at the intersection of Wright County Highway No. 19 and 53rd Street in Albertville ("Improvements") necessary for the development of the Property; and WHEREAS, the Owner hereby requests that 14% of any and all fees and costs required for construction of said Improvements be adopted by the City as a special assessment against the Property; and WHEREAS,the City has agreed to construct the Improvements provided that the owner of the Property agrees to waive any special assessment appeal rights it might have with regard to the costs proposed to be assessed to its property. WHEREAS,the assessment to the Property as a result of the installation of the Improvements is expected to be $42,000. NOW, THEREFORE,the City of Albertville and Owner agree as follows: 1. The City shall construct the petitioned for Improvements pursuant to the plans and specifications prepared by the City Engineer for the Improvements, but only after the City has received from the Owner or others letters of credit acceptable to the City in the amount of $300,000 consistent with the requirements of the Development Agreements entered into between the City and Owner for the plat of Heuring Meadows Commons, LLC. 1 Agenda Page113 2. The City may adopt a special assessment against the benefiting properties for the costs associated with such improvements. 3. Owner hereby petitions the City to construct said Improvements, and waives the right to a public hearing as required by Minn. Stat. 429.031. 4. Owner hereby knowingly and voluntarily waives any objection to said assessment levied against the Property in an amount up to $42,000, representing 14% of the estimated cost of said Improvements. Specifically, Owner acknowledges that the Improvements will specially benefit the Property in an amount at least equal to $42,000 and hereby waives any right to appeal or challenge an assessment in the amount of$42,000 pursuant to Minn. Stat. §429.081, or any other statutory, common law, or Constitutional provision. The City shall not specially assess an amount more than the actual cost of the project(but including administrative fees of 3.5%). 5. In the event that the special assessments levied against the Property exceed$42,000, Owner shall have the right to appeal from the difference between $42,000 and the actual assessment amount levied against the Property. 6. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. Dated: 52020 CITY OF ALBERTVILLE OWNER Jillian Hendrickson Heuring Meadows, LLC. Mayor By: Its: Kim Hodena City Clerk 2 Agenda Page114 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2020, by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 20209 by Kim Hodena, 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 ) ) S.S. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 20209 by as of Heuring Meadows, LLC. SIGNATURE OF NOTARY This instrument was drafted by: 3 Agenda Page115 Couri &Ruppe, P.L.L.P. 705 Central Ave. East P.O. 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Developer owns Lot 2, Block 1 of Heuring Meadows Commons, Wright County, Minnesota ("Lot 2"). 2. North Property Owner owns property legally described as ("North Property"). 3. Developer shall permit ingress and egress to and from the North Property over Lot 2 at one or more of the locations shown on the attached Exhibit A("Shared Private Drive"). The City Council of the City of Albertville shall determine which of said locations shall be used for access under this easement agreement. 4. The benefited and burdened properties under this Agreement are the North Property and Lot 2, respectively. 5. The owner of the North Property agrees that the costs of maintenance and repair of that portion of the Shared Private Drive which the North Property may access under this Easement shall be shared between the North Property and Lot 2 on the following basis: A. In the event Lot 1 has been required to connect to the Shared Private Drive, the costs shall be apportioned as follows: Lot 1: 12% Lot 2: 73% North Property: 15% B. In the event Lot 1 has not been required to connect to the Shared Private Drive, the costs shall be apportioned as follows: Lot 2: 83% North Property: 17% 1 Agenda Page122 C. All such costs shall be paid within 30 days of mailing of an invoice for such costs by the owner of Lot 2. 6. Maintenance of the Shared Private Drive shall be performed by the owner of Lot 2, except as may be permitted by paragraph 8 of this Easement. The Private Drive shall be maintained in good repair at all times similar to the manner in which the City of Albertville maintains its residential streets. 7. Except for temporary and reasonable activities required in connection with construction, maintenance, repair and replacement, no obstruction which would prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the Shared Private Drive shall be erected, condoned or permitted by the owner of any property benefited by the Shared Private Drive, its tenants, invitees or licensees, nor shall any other conduct, passive or affirmative, including but not limited to the parking or storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited property, their tenants, invitees and licensees to fully utilize the Shared Private Drive for the purposes permitted herein. However, in no event shall any owner allow any construction-related traffic that will cause damage to the Shared Private Drive to utilize the Shared Private Drive, nor shall any owner allow traffic to use said Shared Private Drive which has a weight rating which exceeds the weight rating for which said Shared Private Drive was designed and constructed. 8. Should the owner of Lot 2 fail to repair or maintain said Shared Private, the North Property owner may undertake making or causing any defective condition existing on said Shared Private Drive to be cleaned up, repaired or maintained as outlined below: A. For all conditions not arising from the accumulation or deposit of snow on the shared drive, the North Property owner shall give the owner of Lot 2 fifteen(15) days' notice via certified mail and facsimile transmission thereof, and if the owner of Lot 2 fails to cure within 15 days of the notice (or fails to prosecute said cure diligently to completion if it cannot reasonably be finished within said 15 day period), the North Property owner will be granted the right and the privilege to complete the owner of Lot 2's obligations and to bring legal action against the defaulting owner to collect any sums due for the cost of the work performed, plus all costs and attorney's fees incurred in enforcing this Agreement. The fifteen day notice period shall be deemed to run from the date of deposit in the United States Mail and the transmission of the facsimile. B. For all conditions arising from the accumulation or deposit of snow on the shared drive, the owner of the North Property shall give the owner of Lot 2 twenty-four hours' notice via telephone and email thereof, and if the owner of Lot 2 fails to 2 Agenda Page123 cure within said twenty-four hour period,the North Property owner will be granted the right and the privilege to complete the owner of Lot 2's obligations and to bring legal action against the owner of Lot 2 to collect any sums due for the cost of the work performed, plus all costs and attorneys fees incurred in enforcing this Agreement. C. Should the North Property owner fail to timely pay the owner of Lot 2 for maintenance costs as required by this Easement, the owner of Lot 2 may bring legal action against the owner of the North Property to collect any sums due for the cost of such maintenance, plus all costs and attorney's fees incurred in enforcing this Agreement. 9. This Easement shall be binding upon the heirs, successors and assigns of the parties to this Easement. 10.The parties anticipate that the North Property may one day be subdivided and developed. In such event, such subdivided properties may continue to use this Easement under the terms set forth herein. Dated: [Signature Blocks] [Notary Blocks] ["Drafted by" Statement} 3 Agenda Page124 4 Agenda Page125 CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT HEURING MEADOWS COMMONS, LOT 2 THIS AGREEMENT, entered into this day of March, 2020 by and between Heuring Meadows, LLC., a Minnesota Limited Liability Company 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 and developer of the real property described in Exhibit A, attached hereto and incorporated herein by reference, which real property is proposed to be subdivided and platted for development and which real property is subject to the provisions of this Agreement; and WHEREAS, Developer is proposing to subdivide Outlot A of the plat of Heuring Meadows, Wright County, Minnesota, into 2 lots with the intention of constructing a commercial daycare operation on Lot 1 of Said Plat, and a 159 unit apartment complex and 26 townhomes on Lot 2 of Said Plat. Said subdivision which is to be governed by this Agreement is intended to bear the name "Heuring Meadows Commons"and shall be hereinafter referred to in its entirety as"Said Plat"or"Subject Property"; and WHEREAS,the City has given final approval of Developer's plat of Heuring Meadows Commons (attached hereto as Exhibit B) 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, stop lights, improvements to CSAH 19 and 53rd Street, sanitary sewer, municipal water,moving of the existing trail, street signs, traffic signs and drainage pond(hereafter"Municipal Improvements")be installed to serve the Development, to be financed by Developer; and 1 Agenda Page126 WHEREAS,the City further requires that certain on- and off-site improvements be installed by the Developer within Said Plat, which improvements consist of boulevards, Private Drive, storm sewer, top soil and sod, grading control per lot,bituminous or concrete driveways, drainage swales,berming, street signs, street lights, street cleanup during project development, erosion control, landscaping, and other site-related items; and WHEREAS,this agreement applies only to Lot 2 in Said Plat while a separate Development Agreement to be executed by Developer and City will apply to Lot 1 in 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 the development of Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Planned Unit Development. The Development is hereby allowed to be developed as a Planned Unit Development with flexibility from the strict requirements of the City's Zoning Ordinance in relation to selected items detailed in this paragraph: A. The uses on Said Plat shall be restricted as follows: 1) Uses on Lot 2 of Said Plat shall be limited to a 159-unit residential apartment building constructed substantially as shown on the attached Exhibits C and D and the 26 residential townhome units in the configuration shown on the attached Exhibits C and E, including the construction and operation of the playground area shown on Exhibit C. No other structures shall be constructed on said Lot 2. B. Setbacks on Lot 2 shall be as shown on the attached Exhibit C. C. Lots 1 and 2 of Said Plat shall be subject to an easement agreement which shall include provisions substantially accomplishing the following objectives: 1) Lots 1 and 2 of Said Plat shall have full use of the private drive and parking areas on Said Plat extending from 53,d Street to CSAH 19 as shown on the attached Exhibit C (collectively, "Private Drive"), provided that Lot 1 shall not initially be connected to the Private Drive, 2 Agenda Page127 but shall connect to said Private Drive if deemed necessary by the City Council. Said connection, if required by the City, shall be made in the location shown on the attached Exhibit F. At such time as Lot 1 connects to the Private Drive, Lots 1 and 2 shall share the costs of maintaining the Private Drive. The Private Drive shall be maintained by the owner of Lot 2 in good repair at all times similar to the manner in which the City maintains its residential streets. 2) At the time the final plat is recorded,Developer shall record an easement agreement at the Wright County Recorder's Office that shall be binding upon said Lots 1 and 2,that meets the approval of the City Attorney and the City Engineer, and that provides for access to the Private Drive by Lot 1 if required by the City. Said Private Drive shall not be maintained by the City and shall remain a private road. D. The Private Drive shall be constructed by the Developer and shall be signed "no parking" at all times except in the designated parking areas shown on the attached Exhibit C. In the event the Private Drive is not maintained in good repair at all times, the City may,but shall not be required to, maintain said Private Drive and parking areas adjacent to the Private Drive. The owner of Lot 2 agrees to pay all costs of such City maintenance within 30 days of the mailing of an invoice by the City. If the owner of Lot 2 fails to so timely pay said invoice the City may certify said costs to the County Auditor for collection with the real estate taxes for said Lots 1 and 2 pursuant to Minn. Stat. 366.012. If at such time Lot 1 is using the Private Drive, the City shall apportion such costs between the lots according to the relative percentage of their square footage to the total square footage on Said Plat. E. All storm water from Lot 2 of Said Plat shall be conveyed to and drain into the pond to be constructed on Lot 2 as shown on the attached Exhibit G. The owner of said Lot 2 shall maintain said pond at said owner's expense in accordance with all requirements of federal law, Minnesota State law, City ordinance and the reasonable requirements of the City Engineer. The owner of said Lot 2 shall also maintain the storm sewer system in proper functioning order at all times. Developer shall enter into the Stormwater Agreement attached as Exhibit N and shall comply with said agreement at all times. F. Trees, shrubs,berms and screening are to be planted and installed as shown on the landscape plan attached as Exhibit H, at such times set forth below: 3 Agenda Page128 1) The landscaping abutting the single family residential lots in Block 3 of Heuring Meadows shall be installed within 30 days of completion of final mass subdivision grading,weather permitting; 2) Any other landscaping shown on Exhibit H shall be installed no later than 60 days after issuance of occupancy permits for the buildings closest to such landscaping, weather permitting. 3) The owner of Lot 2 shall replace trees and plantings shown on the landscaping plan attached as Exhibit H that become diseased or die on Lot 2 from time to time and shall maintain such landscaping screen in good repair at all times. G. Required lot line,road and building setbacks for the lots shall be as shown on the attached Exhibit C. H. Developer agrees that the 159-unit apartment building and the 26 townhome units to be constructed on Lot 2 of Said Plat will create a dangerous traffic situation at the intersection of 53rd Street and CSAH 19 unless a stoplight and turn lane improvements are installed at said intersection. Accordingly, to avoid the occurrence of such a dangerous situation, Developer agrees that no occupancy permits shall be issued for any residential units on said Lot 2 until stoplights are installed at the intersection of CSAH 19 and 53' Street and the accompanying street improvements recommended in the traffic study conducted by SRF dated December 2, 2019 and on file with the City Clerk ("Stoplight Improvements") are installed. Developer shall be responsible for the cost of the installation of such Stoplight Improvements. Developer shall provide the City with a letter of credit securing the payment of the cost of said Stoplight Improvement as required by paragraph 4 of this Agreement. The City shall construct said Stoplight Improvements so long as adequate funds remain available in Developer's letter of credit required by paragraph 4 of this Agreement. Developer has requested that the City construct the Stoplight Improvements and specially assess the costs of said Stoplight Improvements to the properties in Said Plat, and Developer agrees to execute the Assessment Waiver attached as Exhibit J to this Agreement. I. Developer may commence construction on the apartment building on Lot 2 of Said Plat upon issuance of a building permit for such construction, provided, however, that no occupancy permit shall be issued for any units in said apartment building until all 26 townhome units are constructed and occupancy permits have been issued for all 26 townhome units. J. Developer shall, at Developer's expense, construct a playground in the location shown on the attached Exhibit C and with the equipment shown on 4 Agenda Page129 the attached Exhibit K. Said playground shall be constructed prior to the issuance of occupancy permits for any residential units on Said Plat. K. For a period of two years from the date of approval of Said Plat any modifications to the City's Official Controls shall not apply to Said Plat. At the end of said two-year period, any such modifications to the City's Official Controls shall apply to Said Plat in accordance with Minnesota law. 2. 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 Heuring Meadows Commons, as prepared by Civil Engineering Site Design dated , 2020 and on file with the City Clerk, said improvements to include installation of water mains, sanitary sewer, right turn lane on CSAH 19 (at the intersection of the Private Drive and CSAH 19), moving of the existing trail, stop lights, street signs and traffic signs. All such 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 prior to the issuance of an occupancy permit for any of the residential units on Lot 2. B. The Developer shall provide the City with record drawings for all Municipal Improvements,consistent with City requirements and sub j ect 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. The Developer shall provide such record drawings in both paper and electronic format as required by the City Engineer. 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 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. Acceptance shall be by City Council motion or resolution. 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 5 Agenda Page130 applicable lien waivers, the City reserves the right to draw upon Developer's surety after providing Developer with 30 days written notice 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 and for erosion control work. Developer agrees to pay for all costs incurred by the City during said inspections. 3. Construction of On- and Off-Site Improvements. A. Developer shall construct all on- and off-site improvements including installation of yard top soil, sod and seed in all yards, landscaping, grading control per lot,bituminous or concrete driveways and parking areas, Private Drive, storm sewer, storm water ponding, drainage swales,berming,parking lot striping, Private Drive and parking lot lighting and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance and this Agreement, and in accordance with the plans submitted by the Developer and approved by the City. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. Said on- and off-site improvements shall be installed prior to the issuance of an occupancy permit for any structure on Lot 2, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. B. Developer shall, at its own expense, be responsible to ensure the following items are installed within the development, all such items to be installed underground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by Center Point Energy or other such carrier; 6 Agenda Page131 iii. Telephone service,to be provided by Century Link Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carrier; In addition, the Developer shall, at its own expense, cause streetlights 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. The owner of Lot 2 shall be responsible for streetlight operational expense for all street lights installed on Lot 2. C. Developer shall grade Lot 2 consistent with the Grading, Drainage and Erosion Control Plan attached as Exhibit I. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan attached as Exhibit I shall be strictly complied with. Developer shall maintain erosion control measures in accordance with MPCA's Best Management Practices at all times during the development of Said Plat D. Developer shall install a storm water retention/water quality pond upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit I. Developer shall provide the City with a perpetual drainage and utility easement over such pond. Said retention pond shall be installed prior to the installation of utilities. Said pond shall be maintained by the owners of Lot 2 of Said Plat. In the event said owners do not maintain said pond as may be required by law or City ordinance, the City may, but shall not be required to, maintain said pond, in which event the City may certify all such costs incurred in maintaining said pond to the Wright County Auditor for collection with the property taxes for Lot 2 of said Plat. In such event, the owner of said Lot 2 agrees not to contest the certification of said costs to Lot 2. 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 On- and Off-Site Improvements and for erosion control work. Developer agrees to pay for all costs incurred by the City during said inspections. 7 Agenda Page132 4. 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 related to Lot 2 under this contract shall be performed. Said letter of credit or surety shall be in the amount of the sum of. 1) 100%of the estimated cost of the Municipal Improvements, 2) 86% of the estimated cost of installing the Stoplight Improvements ($258,000), 3) $1,500 per acre for erosion control and off-site improvements on Lot 2 ($14,880), 3) 50% of the cost of installing the storm sewer and ponding on Lot 2, 4) 150% of the estimated cost for installing landscaping/screening materials on Lot 2, and 5) 100% of the cost of installing the Private Drive. All such costs shall be based on the City Engineer's estimated costs for such items as of the date Developer applies for a residential building permit for any residential unit on Lot 2 of Said Plat, and no building permit for any residential unit shall be issued until an acceptable letter of credit has been issued to the City. B. 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 cancellation of the letter of credit is specifically approved in writing by the City. C. The City may draw on said letter of credit or surety after required written notice to complete work not performed by Developer (including but not limited to on- and off-site improvements, Municipal 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 by the City related to the installation of Stoplight Improvements, 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 4A above or a lesser amount authorized by the City Council pursuant to paragraph 5B below. 8 Agenda Page133 D. 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 shall pay within thirty(30) days of the mailing of said billing said deficient amount. If there should be an overage in the amount of utilized security, the City 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. E. Developer hereby agrees to allow the City to specially assess Developer's property for any and all reasonable 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. F. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. G. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may 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. H. 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 9 Agenda Page134 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. 5. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements and/or on- and off-site Improvements, and/or landscaping improvements, 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 and on- and off-site improvements and landscaping improvements which have been fully completed and payment made 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 Municipal Improvements or the on- and off-site 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. iii. When all or a portion of the landscaping improvements have been installed pursuant to the Landscaping Plan attached as Exhibit D, 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 10 Agenda Page135 Landscaping Improvement costs for two years from the time of the installation of said landscaping materials. iii. 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. Upon 1) installation of all Stoplight Improvements; and 2)the issuance of a certificate of occupancy for all 159 units in the apartment building; and 3) the special assessment of Lot 1 for the cost of the Stoplight Improvements, the City shall reduce the letter of credit by 86% of the estimated cost of the Stoplight Improvements as set forth in paragraph 4.A of this Agreement. D. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty(30) days of billing. 6. Abandonment of Proiect- Costs and Expenses. 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 Lot 2 to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Lot 2 and to facilitate mowing of Lot 2. 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. 7. Developer to Pay 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 11 Agenda Page136 costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat. In addition, Developer shall reimburse the City for all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting the improvements required to be installed on Lot 2, as well as any costs of enforcing this Agreement as it pertains to Lot 2, including the City's court costs and reasonable attorney's fees. 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 Said Plat without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 8. Sanitary Sewer Trunk Line, Water Trunk Line, and Storm Water Connection Fees. A. 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 9.92 acres in said Lot 2 to which the Trunk Charges apply, which received final plat approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees for said Lot 2 are $39,481.60 ($20,385.60 in sanitary sewer trunk line fees calculated as $2,055.00 x 9.92 acres and $19,096.00 in water fees calculated as $1,925.00 x 9.92 acres). B. Developer agrees that the City's Storm Water Connection ordinance currently requires the Developer to pay a storm water connection charge of$1,500 per acre payable at the time the first building permit is applied for on Lot 2. That charge shall be calculated based on 9.92 acres and shall be calculated using the per-acre storm water connection charge in effect at the time the building permit application is submitted. 9. Erosion and Sediment Control. Developer shall implement all erosion control measures on Lot 2 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 12 Agenda Page137 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 Lot 2 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 Lot 2 for the costs not covered by the letter of credit. No development will be allowed and no building permits will be issued unless the development is in full compliance with the erosion control requirements. 10. Ditch Cleaning. 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. 11. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage or repairs 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 construction activity which takes place during the development of Lot 2, including the initial construction of townhomes or the apartment building on Lot 2. 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 said construction that takes place in on Lot 2. 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 Lot 2 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 Lot 2 will be repaired within 14 days if not deemed to be an emergency by the City. 13 Agenda Page138 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 Lot 2 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. 12. Temporary Easement Rights. Developer shall provide access to Lot 2 at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 13. 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, with the exception of the Stoplight Improvements which shall be constructed by the City with 86%of such costs being specially assessed to Lot 2. 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. 14 Agenda Page139 E. This Contract shall run with the land, shall be recorded against the title to Said Plat and shall bind future owners of Lot 2. F. The Developer represents to the City that Lot 2 complies 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 on Lot 2 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. 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. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it fords to be in the best interests of the public health, safety and welfare. J. Developer shall obtain all required driveway, utility and other permits as required by 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. 14. 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), 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 15 Agenda Page140 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 attorneys 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 14(A) 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 irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 14A of this section shall not apply to any acts or rights of the City under the preceding paragraph 4G, and no notice need be given to the Developer as a condition precedent to the City declaring a default or 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. 15. Shared Private Drive and Access to Wright County Highway No. 19. A. Developer shall permit the owner of the property abutting on the north and east property lines of Said Plat and currently assigned Wright County Property Identification Number 101500024100 ("North Property") to use the Private Drive for ingress to the North Property provided that: 1. The City requires that Developer provide access to the North Property via said Private Drive. 16 Agenda Page141 2. The owner of the North Property agrees that the costs of maintenance and repair of that portion of the Private Drive shown on the attached Exhibit L which is located on Lot 2 shall be shared between the owner of the North Property and the owner of Lot 2 (and the owner of Lot 1 if Lot 1 accesses the Private Drive as shown on Exhibit F) on the basis of the relative percentage of the square feet of the North Property to the sum of the entire square footage of Lot 2 and the North Property (and including the square footage of Lot 1 if Lot 1 accesses the Private Drive as shown on Exhibit F). The owner of said Lot 2 and the owner of the North Property may alter this cost sharing formula by mutual written agreement. 3. The owner of the North Property agrees it will not prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the Private Drive nor shall any other conduct, passive or active, including but not limited to the parking or storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited property, their tenants, invitees and licensees to fully utilize the shared Private Drive for the purposes permitted herein. However, in no event shall any the North Property owner allow any construction- related traffic that will cause damage to the shared driveway to utilize the shared driveway, nor shall any owner allow traffic to use said shared driveway which has a weight rating which exceeds the weight rating for which said shared driveway was designed and constructed. 4. The owner of said Lot 2 shall enter into an easement agreement with the owner of the North Property in substantially the same form and substantially the same terms as shown on the attached Exhibit M, provided the owner of the North Property agrees to enter into said easement, and provided that the owner of Lot 2 and the owner of the North Property may enter into a different easement agreement, provided such agreement provides full, unrestricted access to the North Property from CSAH 19. B. In the event the City requires that that Developer provide access to the North Property via said Private Drive, the City shall determine at which point or points shown on Exhibit L such access shall be granted. 16. Dedications to the City. 17 Agenda Page142 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 the pond and all sanitary sewers and water mains that are located in a drainage and utility easement as shown on Said Plat to the City. Upon acceptance of dedication,Developer shall provide to the City"As-Builts"of all sewers and water mains and the pond. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. The owner of Lot 2 of Said Plat shall be required to maintain the storm water pond as required by paragraph LE above. B. Park Dedication. Developer shall satisfy its park dedication requirement for Lot 2 under the City's subdivision ordinance with the payment of $610,500.00 in park dedication fees, calculated as 185 residential units times $3,300 per unit. Park dedication shall be paid prior to the issuance of any building permit on Lot 2. 17. Administrative Fee. A fee for City administration of this project shall be paid prior to the issuance of any building permit for a structure on Lot 2. 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 $ , calculated as 3.5% x $ estimated municipal improvement cost as of the date of this 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 that 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 Developer can assign the obligations of the Developer under this Contract. 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. 18 Agenda Page143 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 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 attorneys 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, except as specified herein, except that Developer's Agreement between Developer and the City for Lot 1 of Said Plat. 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 Heuring Meadows, LLC. 9437 Libby Lane Eden Prairie, MN 55347 952-820-1622 25. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. 19 Agenda Page144 CITY OF ALBERTVILLE, By Jillian Hendrickson Its Mayor By Kimberly A. Hodena Its Clerk HEURING MEADOWS, LLC. By Its STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of March, 2020, by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of March, 2020,by Kimberly Hodena, 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 20 Agenda Page145 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of March, 2020, by , as of Heuring Meadows, LLC. Notary Public DRAFTED BY: Couri &Ruppe P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 763 497-1930 21 Agenda Page146 EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lot 2, Heuring Meadows Commons, City of Albertville, County of Wright, State of Minnesota. 22 Agenda Page147 EXHIBIT B Final Plat EXHIBIT C Site Plan EXHIBIT D Apartment Plans EXHIBIT E Townhome Plans EXHIBIT F Connection to the Private Drive from Day Care Property EXHIBIT G Storm Sewer Utility Plan EXHIBIT H Landscape Plan EXHIBIT I Grading, Drainage and Erosion Control Plan EXHIBIT J Assessment Waiver EXHIBIT K Playground Equipment EXHIBIT L Portion of Private Drive Subject to Shared Costs with North Property 23 Agenda Page148 EXHIBIT M Easement Agreement with North Property EXHIBIT N Storm Water Agreement EXHIBIT O Private Drive Access Points 24 Agenda Page149 7B --g 63 BRA lon 00 a IL 2, DR, E RE '0 LLI ENUM EzW li 2192 IR u z — - - - - - - - -- - - - - - - - - ----------I------- ------S*N aAV XnV96jV7J" T-1,afl�; 66 0�1 in iA� -mmw F R -------------- 1 6 NV7d 3115 zscss�ry!o9io=wowa— 31VJ5'16a'W.3n 3]bJ5]VJN02R/oN 0S /li 03NJ3MJ U ^ 8 i p o a Ond 3OV1S 7VNId sas.oe oa_ o vs R°ma�+e mas ev: Uy 2 Po N y P`�`2 aloBeYY/W'BIIA4j qfV —_N'JlSS03tlS.—_ as 1s ay.— as ,ts N,xMlo 'y SNOWWOO SMOUV3W ONILin34 It mm e e o a aga= s o „R Z z �g W N a �a a C7° eu�sg„� g6bma �c am" F• °9 Y - w c�'i t�i w°d I ❑ _o z asp = xY H.s '0,6^ 1-mi h C w -R - Y g �` ° 5.9 p- ,F„ w - m .g & a O) z It O F G ° 2�� 3 €a7 s off= "` sa O Ha -I yU", �"g a$ §s s =lea x „a y w90 o- a op w p S Z. z Jg s". a"". e 'sm " a �� rn G�wos I °� Oa LU LL HE �=a e "w z _ " s I. oe Vj@sU ss„ x a= 5oo o a `�- €o gV' W . � N �9§$ - 4 � R§aj $m a s o :qugny!"d-N oCo � a os 3�" z �d6 -fie 3"9 a w 5L.w s€" a4 =a oa c=ma aR„ ,-` ~ a- s„z g1 O sm�§e „'fir " n3w-=am§o z -asa= ,a'' Z -gce -e "o � a =fin`. e �a w§� a a=�� "gip -mam=a�" w �za;@' a a ax- mz 3 sY ¢� �` __ Est ¢€__ z=Sy= °ss" _2 ��" m °_ a r€ a N�" p - s a w s sx EL € t�M c"oaog��"�� ¢ 6�ycm���e --=�§:.amY���e_ aF4�� �° gg` O o �s` � W�w� w�mG=-" r�_ -os�a��o o$a����€W •�v�Na¢>� a� _s�;o = �sesa€£ w ep� �_ ° ��� op=ogo�k, _off a„s € z - ;_ - a� 'a ° _ = e; `n £a saGg W ag�68" €� � ' = w�§E Z <Qg`ossw a w� F 5Y€-Ws Wg° a ' a %-'_ p asa him°axo ns§eFe" b� � w a ��a° �_�� §< s xv } s ea W xa- z`s a.ez"-s HN s�z _ >„sF� �am�a€a= '� ezea�s?p, €zap w r Z (•and xneage-1) Z W _ =oz 6 L HVSO n a V �I II N . .� �, W V1 ® p ® Q O g❑ A4I"s l 0 o Y OO U " { O ❑FZ O 1f co Z O .,...... 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WHEREAS,the assessment to the Property as a result of the installation of the Improvements is expected to be $258,000. NOW, THEREFORE,the City of Albertville and Owner agree as follows: 1. The City shall construct the petitioned for Improvements pursuant to the plans and specifications prepared by the City Engineer for the Improvements, but only after the City has received from the Owner or others letters of credit acceptable to the City in the amount of $300,000 consistent with the requirements of the Development Agreements entered into between the City and Owner for the plat of Heuring Meadows Commons, LLC. 1 Agenda Page166 2. The City may adopt a special assessment against the benefiting properties for the costs associated with such improvements. 3. Owner hereby petitions the City to construct said Improvements, and waives the right to a public hearing as required by Minn. Stat. 429.031. 4. Owner hereby knowingly and voluntarily waives any objection to said assessment levied against the Property in an amount up to $258,000, representing 86% of the estimated cost of said Improvements. Specifically, Owner acknowledges that the Improvements will specially benefit the Property in an amount at least equal to $258,000 and hereby waives any right to appeal or challenge an assessment in the amount of$258,000 pursuant to Minn. Stat. §429.081, or any other statutory, common law, or Constitutional provision. The City shall not specially assess an amount more than the actual cost of the project(but including administrative fees of 3.5%). 5. In the event that the special assessments levied against the Property exceed $258,000, Owner shall have the right to appeal from the difference between $258,000 and the actual assessment amount levied against the Property. 6. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. Dated: 92020 CITY OF ALBERTVILLE OWNER Jillian Hendrickson Heuring Meadows, LLC. Mayor By: Its: Kim Hodena City Clerk 2 Agenda Page167 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 20209 by Jillian Hendrickson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 20209 by Kim Hodena, 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 ) ) S.S. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2020, by as of Heuring Meadows, LLC. SIGNATURE OF NOTARY 3 Agenda Page168 This instrument was drafted by: Couri &Ruppe, P.L.L.P. 705 Central Ave. East P.O. Box 369 St. Michael, MN 55376 (763) 497-1930 4 Agenda Page169 EXHIBIT K Playground Equipment (To be provided) Agenda Page170 N rk#30VIS IVM:i isccs°%nw rwori°— 3MS'roa[a3t 3TJ5 NL.nzaWe C7N�h E a Z Clld 3DY18 lYNld O _o o .30"uum'a11ALMgV MJI59R arrc OS IB aai�sla ONI999N19N97MIJ JA mlMea/e C rti 3:E d �v BYi4z '4Y q 103('OUd 1NA30 3811-IllllW -ft�f7,U7= 0 SNOWNONOWOO rYl'4""S w SMOOV3W °JNiunaH m 40 m — a� Fz o 4 2 Wes„' 1— O d s $ w xmxe n4 z o mw zzm' 0 Y n W W z z O=o gt v pwoa<� anr<piwNqQ35rNa�»'�i Ra Q; LLLLf1QOe F S Qr O H jw LLL UH�4a� Lu LLJ NA = ¢ ^.H R O e CL w = Mma 0- m, ¢ ¢ §s§ O9 's ¢ ss € Z U......... �t 46 i v� I � s o zM! g'eti„ o s z 1 W .\ Map m I I w I I I J � ' a F ('GAV XnMGWO 1 � -- - e II d ,n 3 , % III dg �z30sZJ����� ao"::h. pW�- +e16N co i o 1 �� �����T������ �f?-ITl`TIlTfT1TT`� ----- ---- IF IF mi z I i I EXHIBIT M EASEMENT AGREEMENT Heuring Meadows, LLC, a Minnesota Limited Liability Company, (hereinafter `Developer') hereby grants to , ("North Property Owner"), a perpetual easement of ingress and egress to and from Wright County State Aid Highway No. 19 and to and from 53rd Street in the City of Albertville, Minnesota, according to the following terms: 1. Developer owns Lot 2, Block 1 of Heuring Meadows Commons, Wright County, Minnesota ("Lot 2"). 2. North Property Owner owns property legally described as ("North Property"). 3. Developer shall permit ingress and egress to and from the North Property over Lot 2 at one or more of the locations shown on the attached Exhibit A("Shared Private Drive"). The City Council of the City of Albertville shall determine which of said locations shall be used for access under this easement agreement. 4. The benefited and burdened properties under this Agreement are the North Property and Lot 2, respectively. 5. The owner of the North Property agrees that the costs of maintenance and repair of that portion of the Shared Private Drive which the North Property may access under this Easement shall be shared between the North Property and Lot 2 on the following basis: A. In the event Lot 1 has been required to connect to the Shared Private Drive, the costs shall be apportioned as follows: Lot 1: 12% Lot 2: 73% North Property: 15% B. In the event Lot 1 has not been required to connect to the Shared Private Drive, the costs shall be apportioned as follows: Lot 2: 83% North Property: 17% 1 Agenda Page172 C. All such costs shall be paid within 30 days of mailing of an invoice for such costs by the owner of Lot 2. 6. Maintenance of the Shared Private Drive shall be performed by the owner of Lot 2, except as may be permitted by paragraph 8 of this Easement. The Private Drive shall be maintained in good repair at all times similar to the manner in which the City of Albertville maintains its residential streets. 7. Except for temporary and reasonable activities required in connection with construction, maintenance, repair and replacement, no obstruction which would prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the Shared Private Drive shall be erected, condoned or permitted by the owner of any property benefited by the Shared Private Drive, its tenants, invitees or licensees, nor shall any other conduct, passive or affirmative, including but not limited to the parking or storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited property, their tenants, invitees and licensees to fully utilize the Shared Private Drive for the purposes permitted herein. However, in no event shall any owner allow any construction-related traffic that will cause damage to the Shared Private Drive to utilize the Shared Private Drive, nor shall any owner allow traffic to use said Shared Private Drive which has a weight rating which exceeds the weight rating for which said Shared Private Drive was designed and constructed. 8. Should the owner of Lot 2 fail to repair or maintain said Shared Private, the North Property owner may undertake making or causing any defective condition existing on said Shared Private Drive to be cleaned up, repaired or maintained as outlined below: A. For all conditions not arising from the accumulation or deposit of snow on the shared drive, the North Property owner shall give the owner of Lot 2 fifteen(15) days' notice via certified mail and facsimile transmission thereof, and if the owner of Lot 2 fails to cure within 15 days of the notice (or fails to prosecute said cure diligently to completion if it cannot reasonably be finished within said 15 day period), the North Property owner will be granted the right and the privilege to complete the owner of Lot 2's obligations and to bring legal action against the defaulting owner to collect any sums due for the cost of the work performed, plus all costs and attorney's fees incurred in enforcing this Agreement. The fifteen day notice period shall be deemed to run from the date of deposit in the United States Mail and the transmission of the facsimile. B. For all conditions arising from the accumulation or deposit of snow on the shared drive, the owner of the North Property shall give the owner of Lot 2 twenty-four hours' notice via telephone and email thereof, and if the owner of Lot 2 fails to 2 Agenda Page173 cure within said twenty-four hour period,the North Property owner will be granted the right and the privilege to complete the owner of Lot 2's obligations and to bring legal action against the owner of Lot 2 to collect any sums due for the cost of the work performed, plus all costs and attorneys fees incurred in enforcing this Agreement. C. Should the North Property owner fail to timely pay the owner of Lot 2 for maintenance costs as required by this Easement, the owner of Lot 2 may bring legal action against the owner of the North Property to collect any sums due for the cost of such maintenance, plus all costs and attorney's fees incurred in enforcing this Agreement. 9. This Easement shall be binding upon the heirs, successors and assigns of the parties to this Easement. 10.The parties anticipate that the North Property may one day be subdivided and developed. In such event, such subdivided properties may continue to use this Easement under the terms set forth herein. Dated: [Signature Blocks] [Notary Blocks] ["Drafted by" Statement} 3 Agenda Page174 EXHIBIT N Storm Water Agreement (To be provided) Agenda Page175 lb�rtvi��� Mayor and Council Request for Action Smolt Luting.019 lift. March 12, 2020 SUBJECT: CITY CLERK—ANNUAL RENEWAL OF LIQUOR LICENSES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Approve the 2020 annual renewal of liquor licenses listed in the staff report contingent on full payment of license fees, proof of liquor liability insurance,payment of any outstanding fees/fines/taxes, payment of investigation fee to Wright County and successful results of said investigation, and compliance with all building and fire regulations. BACKGROUND: Each year the City of Albertville and State of Minnesota Alcohol and Gambling Enforcement Division (AGED)must approve the renewal of liquor licenses for establishments within Albertville. The City must verify there are no outstanding fines, City Code violations, or delinquent taxes for each establishment. The Wright County Sheriff s Office must also look for liquor law violations within the last five years. Once Council has approved the liquor renewals locally, they will be sent to MN AGED for their approval. The liquor license period for the upcoming year runs April 15, 2020 to April 14, 2021. The following liquor licenses are recommended for approval: 152 Club 5794 Main Ave NE/Po Box 34 Cedar Creek Bar&Grill 5700 Jason Ave NE Coborn's Liquor 5600 LaCentre Ave NE, Suite 114 D. Michael B's 6550 Larnplight Drive El Bamba 11649 Laketowne View NE Villa Bar and Grill 11935 59th Place NE Geez Sports Bar&Grill 5788 Main Ave NE,Po Box 224 Hong Thai 5600 LaCentre Ave Suite 110 Neighbor's Saloon&Eatery 5772 Main Ave NE,PO Box 134 Space Aliens Grill&Bar 11166 County Rd 37 Super America 11044 6 1"Street NE Westside Liquor 11095 61st St NE, Suite P Willy McCoy's 5651 LaCentre Ave NE KEY ISSUES: • There are no delinquent taxes, outstanding fines, or code violations for the above establishments. • Approval is contingent on full payment of license fees, Wright County Sheriff s review, and proof of liquor liability insurance. • There was one liquor license violation for the current license period. It occurred at Cedar Creek Bar& Grill for failure to properly read ID. The establishment was sent the fine as established in the City Code and has made payment. P:\City Council\Council Packet Information\2020\031620\2020-03-16 Liquor Renewal RCA.docx Meeting Date:March 16,2020 Agenda Page176 Mayor and Council Request for Action—March 16, 2020 Annual Renewal of Liquor Licenses Page 2 of 2 • At the beginning of the year, Wright County informed cities that issue liquor licenses that they will require a$100 investigation fee to complete background checks on liquor establishments for all annual renewals and new licenses. Staff has passed this along to the establishments that this is a requirement before the city can sign off on the license and send to MN Alcohol and Gambling Enforcement Division. POLICY/PRACTICES CONSIDERATIONS: It is the Mayor and City Council's policy to review and approve or deny liquor license renewals for establishments within Albertville. FINANCIAL CONSIDERATIONS: The following are proposed fees to be collected for the 2020 liquor license renewals: License Type License # of 2019 2019 # of 2020 2020 Fee Licenses Revenue Licenses Revenue On-Sale Intoxicating Liquor $3,300 8 $26,400 8 $26,400 Sunda On-Sale $200 8 $1,600 8 $1,600 On-sale Wine $110 2 $220 2 $220 3.2% Beer $100 2 $200 2 $200 Off-Sale $150 5 $750 5 $750 Consumption/Display $0(state 1 $0 1 $0 Fee Total $29,170 $29,170 Responsible Person/Department: Kimberly A. Hodena, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: None P:\City Council\Council Packet Information\2020\031620\2020-03-16 Liquor Renewal RCA.docx Meeting Date:March 16,2020 Agenda Page177 �lbcrtvi11c Mayor and Council Request for Action March 12, 2020 SUBJECT: CITY CLERK—3.2%MALT LIQUOR LICENSE FOR COBORN'S,LOCATED AT 5698 LACENTRE AVE NE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve a 3.2% Malt Liquor Licenses for Coborn's grocery store, 5698 LaCentre Avenue NE, contingent upon successful background check and payment of Wright County investigation fee. BACKGROUND: Coborn's Incorporated has submitted a liquor license application for their grocery store, located at 5698 LaCentre Avenue NE. The application is for 3.2%Malt Liquor to be sold within the grocery. The applicant has previously held this type of license but decided not to renew in 2016. This license would be for the grocery store location only and is separate from Coborn's Liquor Off-Sale Liquor License. KEY ISSUES: • The applicant/store manager must pass a background check by the Wright County Sheriff s Office and the MN Bureau of Criminal Apprehension. • There are no fire code violations. • There are no special assessments or fines on the property. • The applicant has submitted the appropriate license applications, license fee, and insurance information. • Once City approval is granted, the 3.2% Malt Liquor License must be certified by MN AGED. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to review and approve or deny liquor license applications received by the City of Albertville. HINANCIAL CONSIDERATIONS: The revenue collected from the applicant for the liquor license is $100.00. Responsible Person-Department: Kimberly A. Hodena, City Clerk Submitted Through:Adam Nafstad, City Administrator-PAID Attachments: New Liquor License Application P:\City Council\Council Packet Information\2020\031620\2020-03-16 Coborn's New Liquor License.doc Meeting Date: March 16,2020 Agenda Page178 City of Albertville Nbertville 5959 Main Avenue NE,P.O.Box 9 Albertville,MN 55313 161-A*—LW-&No oa of. 763.497.3394 Fax 763.497.3210 www.ci.albertville.mn.us NEW LIQUOR LICENSE APPLICATION License Year: 2020 Period Runs April 15 to April 14 1. APPLICANT INFORMATION Legal Name: Coborn's,Incorporated Street Address: 1921 Coborn Blvd City: St.Cloud State: MN Zip;, 56301 Daytime Phone: 320-252-4222 Cell Phone: Email:_joyce.schmidt@cobornsinc.com Are you a citizen of the U.S.? 1K Yes ❑No Please list your residence(s)for the last five years: Please list your employment for the last five years: II. LICENSE TYPE(Check all) ❑ On Sale Intoxicating 10 Off Sale 3.2 Malt Liquor o On Sale Wine o Club 9 On Sale 3.2 Malt Liquor o Sunday Sale ❑ Off Sale Intoxicating ❑ 2 A.M.Close III. LOCATION Establishment Name: Coborn s Establishment Address: 5698 LaCentre Ave city: Albertville State: MN Zip: - Are you the owner of the physical building? ❑Yes (XNo If no,please list Owner's Name: Albertville Station,LLC Owner's Address: 29181 Network Place,Chicago,IL 60673-1291 Owner's Phone: Owner's Email: Owner's Business Name: Owner's Business Address:_ Owner's Business Phone: Owner's Business Email: Page 1 Agenda Page179 City of Albertville New Liquor License Application IV. BUSINESS OWNERS/OFFICERS If Sole Proprietor: Legal Name: Street Address: City: State: Zip: Phone: Email: If PARTNERSHIP or CORPORATION(List ALL Partners,Officers,Directors,use additional sheets as needed): Legal Name: see attached Street Address: City: _ State: Zip: Phone: Title/%Ownership: Legal Name:_ Street Address: City: State: Zip: Phone: Title/%Ownership: Legal Name: Street Address: City: State: Zip: Phone: Title/%Ownership: Please list any and all other businesses the owner(s)holds an interest in that have been issued a liquor license(use separate sheet if needed): see attached V. ON-SITE MANAGER Legal Name: Gordon Midas Street Address: 17786 221st Ave City: Big Lake _ State: MN _ � Zip: 55309 Phone: Cell: 320-492-6348 Work Shift/Daily Hours: M-S 8-5.changes reg Please list your employment for the last five years: Coborn's,Incorporated Page 2 Agenda Page180 City of Albertville New Liquor License Application VI. SEATING,HOURS,AND EVENTS 1. Please provide a diagram of the building and land and indicate all areas where liquor will be served. 2. Will you be serving liquor outdoors? ❑ Yes ❑ No If yes,you must apply for and receive approval from the City Council for a Conditional Use Permit for outdoor seating(separate application). 3. Will you be seeking a license to serve until 2 a.m.? ❑ Yes n No 4. If seeking a wine license,does your establishment have seating for at least 25 people? ❑ Yes ❑ No S. Will you be having outdoor music? ❑ Yes ❑ No If yes,you must apply for and receive approval from the City Council for a Temporary Outdoor Music Permit (separate application). If seeking a 3.2 malt liquor and wine license,are food sales anticipated to be more than 60%of gross sales?This is a requirement of the Albertville City Code. ❑ Yes ❑ No VII. LIQUOR VIOLATIONS 1. Have the applicant,owners,manager,or their spouse ever been convicted of a misdemeanor or felony in relation to the manufacture,sale,distribution,or possession for distribution of liquors? If yes,please state the crime, location,and date of conviction below: NO 2. Have the applicant,owners,manager,or their spouse ever had a liquor license revoked? If so,state the date,name of establishment,and location where the license was revoked. NO Have the applicant,owner,or manager received a summons/notice of injury in the last year? ❑ Yes N No VIII. APPLICANT OATH I hereby state: • I am a citizen of the United States. • I am over 21 years of age,and of good moral character and repute. • If applicant is a corporation,I have been given proper authority to sign on behalf of the corporation. • The answers and statements given by me are true and accurate to the best of my knowledge and belief. • understand that providing false inforn ration in this application may result in revocation of any and all licenses. 2/26/2020 Signature of pplicant Date All persons named in this application as an applicant, owner, partner, or manager must complete a consent form to conduct a background investigation (attached). Please make copies as needed. Page 3 Agenda Page 181 �lbertvifl£ �T--VA-&ftaUft. City of Albertville,MN LIQUOR LICENSE INDEMIFICATION AGREEMENT The following agreement must be signed and notarized by the applicant owner,authorized partner,or authorized officer of the company. I. OBSERVANCE OF LICENSE AND ALL LAWS In consideration for the grant of this license by the City of Albertville,the undersigned licensee agrees as follows: The undersigned shall faithfully observe,keep,and obey all terms and conditions of the license,and all laws, rules,and ordinances of the City relating to the license now in effect,including any amendments thereto. The undersigned shall also faithfully observe,keep and obey all laws,rules,and regulation of any other governmental entity including county,state,and federal regulations which may apply to the license. if. VIOLATION OF TERMS Upon the violation of any of the terms and conditions of the license,or any other law,regulation,or ordinance, the undersigned understands that it may be subject to criminal or civil penalties,including,but not limited to,the suspension or revocation of the license. Ill. INDEMI FICATION The undersigned shall save and protect,hold harmless,indemnify and defend the City,its Council,officers, agents,employees,and volunteer workers against any and all liability,causes of action,claims,losses,damages or costs,and expenses arising from,allegedly arising from,or resulting directly or indirectly from any acts of the licensee or any of its officers,employees,independent contractors or agents done in the performance or operation under this license,or any act done under pretended authority of this license. The agreement to indemnify and hold the City harmless shall include any incurred by the City in defending any action involving an act by the licensee or any of its officers,employees,independent contractors or agents,and shall include any attorney's fees incurred by the City. IV. NOTARIZED SIGNATURE IN WITNESS WHEREOF,the undersigned has executed this License Agreement as of this ;Yd _LaEj 20 day of Coborn's,Incorporated ( Busin ss Name(please print) STATE OF M urea Applicant,Owner,Partner,or Officer COUNTY OF SS. The foregoing instrum nt was ac no ledged before me this �y day f M 2000 by ko a C PJIr I�V"G�f'r ry k 1 (Name) n the (Title) O� f � V (Business Name) �/� �} �,� `J•.�t 1 V VI to Notary Public Signature JOYCE R.SCHMIDT My Commission Expires on I 20 Z NOTARY Kft `Y A 44MY Cantu.Exp.,fan 31,T02{ Page 6 Agenda Page182 COBORNSH est-1921 employee owner 1921 Coborn Blvd. St.Cloud, MN 56301 P.O. Box 6146 St.Cloud, MN 563C CORPORATE OFFICERS Christopher Michael Coborn 17 21--7-7 CEO/President 3104 Dunbar Road St. Cloud,MN 56301 DOB—2/10/59 Phone: 320-250-1647 Rebecca Ann Estby Vice President of Organizational Development 1560 39th St S St. Cloud, MN 56301 DOB— 10/09/1965 Phone: 612-281-4064 James Francis Shaw Chief Financial Officer 12940 56th Ave N Plymouth,MN 55442 DOB— 10/15/1968 Phone: 612-916-4506 ------------------------------------------------ SIGNING ABILITY: David Norman Meyer Sr. VP of Operations 25533 Pleasant Drive St. Cloud,MN 56301 DOB— 11/15/1956 Phone: 320-493-8465 This information is intended for the use of the individual or entity to which it is addressed and may contain information that is confidential and privileged and exempt from disclosure under applicable law.You are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. Agenda Page183 LIUUU r #3004(7032)CASH WISE LIQUOR #3009(7031)CASH WISE LIQUOR #301 (7�R DGEH WISE LIQUOR 1305 SOUTH FIRST STREET 45 2nd Street South WILLMAR,MN 56201 WAITE PARK,MN 56387-1348 NEW ULM,MN 56073 (320)235-8797 (320)259-1156 (507)354-7930 FAX: (320)235-5999 FAX: (320)259-5161 FAX: (507)354-7930" Scott Kannenberg,Mgr Greg Anderson,Mgr Tom Portner,Mgr #3014(7037)CASH WISE LIQUOR #3015(7038)CASH WISE LIQUOR #30 2 ASH WISE venue SE,Suite LIQUOR3310 #5100 495 W NORTH STREET MOORD,MN10 S56560 Watford City,ND 58854 OWATONNA,MN 55060 MOO 2HEAD,1 (701)842-2519 (507)451 8440 FAX: (218)236-8081" FAX:(701)842-6126 FAX: (507)455-6700 Cindy Jensen,Mgr Dave Isaacson,Mgr Tom Sorensen,Mgr #3043 CASH WISE LIQUOR #3044 Cash Wise Liquor #3045 CASH WISE LIQUOR 3224 16TH Street SW 1761 3rd Avenue West 755 33RD AVE E Minot,ND 58701 Dickinson,ND 58601 WEST FARGO ND 58078 (701)852-4440 (701)225-9752 (701)281-6487 FAX: (701)852-4424" FAX:(701)225-9752"' Fax: Kip Kalvick,Mgr Laura Dennis,Mgr Roger Nelson,Mgr #3046 CASH WISE LIQUOR #3047 Cash Wise Liquor #3048 Cash Wise Liquor 300 11th St W 406 Westview Lane 802 N Elm Street Stanle ND 58784 Tioga,ND 58852 Williston,ND 58801 y' (701)664 5303 (7011572-9326 (7D11628-2280 FAX:(701)654-5303' FAX: (701)774-8130 FAX:(701)628-2280' Janet Bi ham,Mgr Shandar Loney,Mgr Bradley Knakmuhs,Mgr Big ham, LIQUOR #3054 CASH WISE LIQUOR #3051 CASH WISE#3049 CASH WISE LIQUOR 410 loth Street S.E. 900 NE 43rd Ave 1226 State Street N Bismarck,ND 60545 Waseca,MN 56093 Jamestown,ND 58401 507-835-9181 (701)252-1527 (701)255-6866 FAX: (701)252-1522 FAX: (701)223-5998 Chris Meneguzzo,Mgr Arielle Fieber,Mgr Darrell Wrege,Mgr 0 CASH WISE LIQUOR #7039CASH WISE LIQUOR #7042 CASH WISE LIQUOR 14092 EDGEWOOD DRIVE 513"B"STREET NE 625 WEST CENTRAL ENTRANCE BRAINERD, BAXTER,MN 56425 MN 56401 DULUTH,MN 55811 (218)829-9286 (218)828-9003 (218)722-4507 FAX: (218)829-4809 FAX: (218)825-0119 FAX: (218)722-4508 Mark Dockendort,Mgr Y Ton Klaers,Mgr Caron Daniel,Mgr #7043 CASH WISE LIQUOR #7044 CASH WISE LIQUOR #7045 CASH WISH LIQUOR t NE 1414-34th Street South 801 North Nokomis Street 310 CENTRAL AVENUE EAST ST MICHAEL,MN 55376 Alexandria,MN 56308 Fargo,ND 56103 (763)497-0659 (320)762-2524 (701)282-2323 FAX: (763)497-0739 FAX:(320)762-2524— FAX:(701)293-6016 Artis Bisers,Mgr Aaron Tosh,Mgr Tim Pausch,Mgr #70 #7047 Captain Jack's North #7048 Captain Jack's West 808 S 2nd Street 3131 Weiss Avenue Captain Jack's South 1140 W Turnpike Avenue 08 S Bismarck,ND 58503-1200 Bismarck, ND 58501-8114 Bismarck,ND 58504-5720 Randy (701)223-6546 Ryan Mertz,Mgr 1-441spach,Mgr 223-5113 (701)751-4418 Marvin Sitter,Mgr (701) #7054 HORNBACHER'S WINE&SPIRITS #7049 Captain Jack's-Mandan #7052 CASH WISE LIQUOR 4265 45th St S #121 101 6th Avenue NE 4985 Timber Parkway S Fargo,ND 58104 Fargo,ND 58104 Mandan,ND 58554-3529 g Brandon McBain,Mgr Christopher Weiand,Mgr LeAnn Donley,Mgr (701)663-2510 701-232-2219 701-3642337 H:\1 Licensing0ocuments\liquor store addresses Agenda Page184 ACORO® DATE(MM/DD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE z/zo/zozo THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh&McLennan Agency LLC PHONE PrisGla Coulter FAX 7225 Northland Dr N#300 INC,No,Exll; 1INC,Nol;212-948-9962 Minneapolis MN 55428 ADDRESS: priscila.coulterCmarshmma.com INSURE S AFFORDING COVERAGE NAIC# INSURER A:Sentry Insurance a Mutual Company 24988 INSURED COBORINCI INSURER B:Liberty Mutual Fire Insurance Company 23035 Coborn's Inc 1921 Coborn Blvd INSURERC.Aspen American Insurance Company 43460 St. Cloud MN 56301 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2131400155 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP T POLICY NUMBER MM/DDIYYYYI IMMIDD!YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY EB2641444402029 7/1/2019 7/1/2020 EACH OCCURRENCE $1.000,000 DAMAGE TO RENTED _ CLAIMS-MADE Fxl OCCUR PREMISES LEa occurrence) $1,000,000 MED EXP(Any one person) $No Coverage PERSONAL&ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PECT Fx]LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY AS2641444402019 7/1/2019 7/1/2020 COMBINED SINGLE LIMIT $1,000,000 _ Ea accident X ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per aoddenh C X UMBRELLA LIAB X OCCUR CX0089R19 7/1/2019 7/1/2020 1 EACHOCCURRENCE $10,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $10,OD0,000 _ DED X RETENTION$ $ A WORKERS COMPENSATION 900306101 7/1/2019 7/1/2020 X PER I STATUTE ER Stop Gap Liab AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE F NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If as,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 _ B Liquor Liability T02641444402039 7/1/2019 7111/2020 Each Common Cause 1,001,001 Aggregate 2,000,000 Deductible $100,000/per occ DESCRIPTION OF OPERATIONS I LOCA71ONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Coborn's#2029,5698 LaCentre Ave NE,Albertville,MN 55301. Liquor Licensing Period April 15th,2020 to April 14th,2021 Liquor Liability is continuous until cancelled. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Albertville 5959 Main Ave NE Albertville MN 55313 AUTHORIZED REPRESENTATIVE Lo ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Agenda Page185 Certificate of Compliance Minnesota Workers' Compensation Law This form must be completed by the business license applicant. Print in ink or type Minnesota Statutes§176.182 requires every state and local licensing agency to withhold the issuance or renewal of a license or permit to operate a business in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minn.Stat.chapter 176.If the required information is not provided or is falsely stated,it shall result in a$2,000 penalty assessed against the applicant by the commissioner of the Department of Labor and Industry. A valid workers'compensation policy must be kept in effect at all times by employers as required by law. License or certificate number(if applicable) Business telephone number 1 Alternate telephone number (320)252-4222 Business name(Provide the legal name of the business entity.If the business is a sole proprietor or partnership,provide the owner's name(s),for example John Doe,or John Doe and Jane Doe.) Coborn's, Incorporated DBA("doing business as"or"also known as"an assumed name),if applicable Coborn's#2043 Business address(must be physical street address,no P.O.boxes) City State ZIP code 5698 LaCentre Ave NE Albertville MN 55301 County Email address You must complete number 1 or 2 below. Note: You must resubmit this form to the authority issuing your license if any of the information you have provided changes. 1. 0 I have a workers'compensation insurance policy. Insurance company name(not the insurance agent) Sentry Insurance,PO Box 8032, Stevens Point,WI 84481 Policy number Effective date Expiration date 90-03061 1 07/01/2019 06/30/2020 I am self-insured for workers'compensation.(Attach a copy of the authorization to self-insure from the Minnesota Department of Commerce;see www.mn.gov/commerce/industries/insurance/licensing/self-insurance.) 2. 1 am not required to have workers'compensation insurance because: I only use independent contractors and do not have employees. (See Minn.Stat.§ 176.043 for trucking and messenger courier industries; Minn.Stat.§ 181.723,subd.4,for building construction;and Minnesota Rules chapter 5224 for other industries.) I do not use independent contractors and have no employees. (See Minn. Stat.§ 176.011, subd.9,for the definition of an employee.) I use independent contractors and I have employees who are not required to be covered by the workers' compensation law. (Explain below.) I only have employees who are not required to be covered by the workers' compensation law. (Explain below.) (See Minn.Stat. §176.041 for a list of excluded employees.) Explain why your employees are not required to be covered I certify the information provided on this form is accurate and complete. If I am signing on behalf of a business,I certify I am authorized to sign on behalf of the business. Print name ever I _ Appl n I u red) ,Title Date VP o> ?perations 04/22/2019 If you ,ve q:.estions about completing this form or to request this form in Braille,large print or audio,call(651)284-5032 or 1-800-342-5354. LIC o4(11/16) Agenda Page186 A\Ibertville S- Form SP:C1 BUSINESS TAX IDENTIFICATION INFORMATION Pursuant to Minnesota Statute 270C.72,the agency issuing you this license is required to provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification number and the Social Security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974,we must advise you that: • This information may be used to deny the issuance,renewal or transfer of your license if you owe the Minnesota Department of Revenue delinquent taxes,penalties or interest;and • The licensing agency will supply it only to the Minnesota Department of Revenue.However,under the Federal Exchange of Information Act,the Department of Revenue is allowed to supply this information to the Internal Revenue Service;and • Failure to supply this information may jeopardize or delay the issuance of your license or processing your renewal application. Please fill in the following information and return this form along with your application to the agency issuing the license. Do not return this form to the Department of Revenue. Licensing Authority:City of Albertville IX. LICENSE INFORMATION Name of license being applied for: 5- 1��,�0� License application or renewal date: X. PERSONAL INFORMATION Applicant's Name (Last,first,middle initial): Applicant's Address: Social Security Number: XI. BUSINESS INFORMATION Business Name: wyJchrI)'S Business Address: Minnesota Tax Identification Number: Federal Tax Identification Number: — i Signature:_e Date: �LA-1 9( Page 4 Agenda Page187 City of Albertville NbertAlle 5959 Main Avenue NE,PO Box 9 Albertville,MN SS302 763.497.3394 Fax 763.497.3210 www.ci.albertville.mn.us TENNESSEN WARNING In connection with your request for a license,the City has asked that you provide information about yourself which may be classified as private,confidential,nonpublic,or protected nonpublic under the Minnesota Government Data Practices Act.This means that this data is not ordinarily available to the general public.Accordingly,the City is required to inform you of the following: 1. The purpose and intended use of the information requested is to determine if you are eligible for a license from the City. 2. You are not legally obligated to supply the requested information and may refuse to provide some or all of the requested information. 3. The known consequence of supplying the requested information is that the information or further investigation could disclose information which could cause your application to be denied. 4. The known consequence of refusing to supply the requested information is that your request for a license cannot be processed. 5. A criminal charge,arrest,or conviction will not necessarily bar you from obtaining a license with the City,unless the conviction is related to the matter for which the license is sought,according to Minnesota Statute 364.03.However,failure to reveal the requested criminal information will be considered falsification of the application and may be used as grounds for the denial of the application. 6. Some of the information you provide will be released to the Minnesota Department of Revenue. Other governmental agencies necessary to process your application are authorized by law to receive the information provided. The City may also release the information provided if required by Court order, or if authorized by other state or federal law. The undersigned,by signing this notice,acknowledges that he/she has read and understood the contents of this notice and Is in agreement of the Tennessen Warning and its application. ",fApplricnt ignatu Date Page 8 Agenda Page188 4-4-1: PURPOSE:rl 0 This Section is not intended to in any way hinder, delay or interfere with legitimate business or organizational activities. The Council finds however, that peddlers, solicitors, and transient merchants have used public streets and their direct contact with residents of the Citv for the illegitimate solicitation practices of harassment, nuisance, theft, deceit or menacing, troublesome or unlawful activities. This Section is intended to ferret out and control: (1) businesses and organizations using solicitation as a means of concealing unlawful activities, and (2) businesses and organizations which, though its activities be lawful or even commendable, use such illegitimate practices in solicitation, and (3) individual natural persons who, though they represent lawful businesses and organizations use such illegitimate solicitation practices The Council further finds that a large number of the residents of the City are employed as their livelihood and means of support by manufacturingplants and other businesses on shifts rotating between night and day, and to disturb them during their sleeping hours for the p4Mose of solicitation is a source of nuisance or even harassment and should be subiect to control To protect the public's health, safety, and welfare, the City deems it necessary to regulate these practices through a registration process. The purpose of this ehapter is to establiSh FOgHlalioas and 1i irernents for any , whethef a resident of the eity or not, desiring to eefiduct bussin-pess 4-h—It is not of a permanent nature. (Ord. 2004 14) 4-4-2: DEFINITIONS: The following words,terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: CANVASSER: Any person canvassing for funds door to door in the city on behalf of a charitable, religious or nonprofit organization as defined in internal revenue service code section 501(c)(3). MOB11.9 FOOD UNIT. A feed and beverage sen4ce establishment that is a vehiele mounted unit eh company,A. Motorized Of Trailered/Self Contained Unit-. Motorized or tfailered, operating no more th—an. twenty one (2 1) days annual!y at any one plaee, or opera4ing more than twenty o '2" I annuafly at any erie plaee with the approval of the regulatory authority as defined in -Mfiknme�-Aeta rules, part 4626.0020, subpart 70; and a self oontained unit, in which food is stored, eooked, --A prepared for direet sale to the eensurrief. B. Operatien hi Cof��etion With A Permanent Business Lieenset Operated in eor��ration wi a pen:aarieat business lieensed under ehapter 157 or chapter 28A of the Minnesota state statutes at the site ofthe permanent business by the same indivi&al or > �A,ithout disassembling, for transport to another location; and a self contained tmit, in whieh feed is stared, 000ked, and prepared f `l t 1 to the G. Feed Cart: A food and beverage sen,ice establishment that is a nofiffieterized vehiele self- morellod by the operator-. Agenda Page 189 D.ICE CREAM TRUCK: A motor vehicle utilized as the point of retail sales of prewrapped or prepackaged ice cream, frozen yogurt, frozen custard, flavored frozen water or similar frozen dessert products. NON-COMMERICAL DOOR-TO-DOOR ADVOCATE: A person who goes door-to-door for the primary purpose of disseminating religious. political, social, or other ideological beliefs. For purpose of this ordinance, the term door-to-door advocate shall fall under the term solicitor and include door-to-door canvassing and pamphleteering intended for non-commercial purposes. PEDDLER: A person who P-oes from house-to-house, door-to-door business-to-business street- to-street, or any other type of place-to-place movement, for the purpose of offering for sale. displayingfor or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise, or other personnel property that the person is carrying or otherwise transporting. For purpose of this ordinance the term peddler shall have the same common meaning as the term hawkerAffly p- on with no fixed plaeo of business dealing goods, or- solieking for-all manner eiiiiwr eks,-sei.qviees and MOFehmdise, offering sueh , - merehandise for-sale or-making sales and deliver-ing aFtieles to pur-ehase.r-s. SOLICITOR: A person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement for the pumose of obtaining or attempting to obtain orders for goods wares products merchandise other personal property, or services of which he or she may be carryi niz or transporting samples. or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. For purposes of this ordinance, the term solicitor shall have the same meaning as the term canvasser. Any persen who goes 4em ptaree to plaee an&er-house to house seheiting or-taking attempting to take orders for- the puf-ehase of any food, wares or-mer-ehandise, ineluding eff-ordeFs for-the pef:fefmanee of a sen,iee in er-about the home of place ef busifless, suell. .... .,.....,,,.e Weaning,r-vvr-rcpuii vrvr%cvitcvppmg. TRANSIENT MERCHANT: Any person, whether as principal, employee or agent,who engages in,does, or transacts any temporary or transient business in the city, either in one locality or traveling from place to place in the Ceity selling goods, wares, and merchandise, and who, for the purpose of carrying on such business, hires, leases, occupies or uses a building, structure, vehicle,property, or other place for the exhibition and sale of such goods, wares, and merchandise. (Ord. 2014-02, 2-18-2014) 4-4-3: LICENSING REQUIREMENTS: k! El A. License Required; Separate Licenses: It shall be unlawful for any person to engage in the activity of peddling, soliciting, or transient selling without first having obtained a license in compliance with the provisions of this section. A separate license shall be secured for each individual person engaged as a peddler, solicitor or transient merchant. B.Application For License: The application for the license provided for in this section shall be made to the city clerk by filing the amma-Wicense fee and by completing an application form as Agenda Page 190 provided by the city clerk. In addition to such information as the city clerk may require,the application shall include: 1. The name and date of birth of the applicant and the name of the all per-sons assoeiated in business that the applicant is associated with4a44e-city. 2. The permanent home address and full local address of the applicant, and the permanent and local telephone numbers of the applicant. 3. A brief written description of the nature of the business,the goods to be sold, and the applicant's method of operation. 4. If employed,the name and address of the applicant's employer, together with credentials establishing the exact relationship. 5. The length of time during which the applicant intends to do business in the city, with the approximate dates. 6. The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery. 7. Agovernment issued form of identification which includes a photograph identifioatie f the applicant(s). 8.A statement as to whether or not the applicant has been convicted within the last five f 51 years of an.• fY elony. gross misdemeanor or misdemeanor for violating any state, federal statute or any local ordinance,other than minor traffic offenses. The City shall conduct a background check including,but not limited to, a criminal history on all individuals listed on the permit to verify the statement. efany erifne, nff- nse and thepunishment o penalty,assessed therefor. 9. If a vehicle is to be used, a description of the vehicle,together with the license number or other means of identification. 10. A general description of the items to be sold or services to be provided." statement of th typeEnaturetqn� -aeter-, and quality of the goods, wai-zes, or-mer-eha-fidise to be sold or-off�f ehar for-sale by the >_; > -ARd- ;A'h-ether-the goods, �A,Aff-es -and mer-ehandise —P—p— d to be sold from steek i or- by sample, at atietion, by diFeet sale, or-by taking orders for-future defivery. > > and eentents of the adverfising done of proposed to hR in 11-3. For transient merchants, the addresses of all places where the business is to be located, along with written permission of the property owner or the property owner's agent for any location to be used by the transient merchant, along with a site plan of the premises upon which they will be conducting business . (Ord. 2004-14) 12. Any and all additional information as may be deemed necessary by the City Council. C. License Fee: The license fee for engaging in a transient business, peddling, or soliciting, established in section 3-1-3 of this code, shall be paid at the time of application for a license. (Ord. 2017-01, 1-3-2017) D. Restrictions On Issuance To Transient Merchants: 1. Off Street Parking Required: No license for a transient merchant shall be issued for sales from any location which does not have sufficient parking for customers and for areas where customer Agenda Page 191 parking would interfere with normal traffic flow. The zoning administrator must determine that there is adequate off—street parking to serve both the principal use of the property and the transient merchant use of the property. 2. Location Near Intersection: No transient merchant license shall be issued, and no sales shall take place, if the proposed location for transient merchant sales is within one hundred fifty feet (150') of any intersection. 3. Duration Of Sales: No transient merchant license shall be issued for more than one hundred eighty 080Zthree hundr-ed sixty five(365) days, during which time period sales shall be limited to no more than jhfittqhirty (30) days, . At the time of the application for the transient merchant license, the applicant shall state the times within the license period to be used by the applicant. E. Unlawful Use Of License: No license issued under the provisions of this section shall be used at any time by any person other than the one to whom it is issued. No permit issued under this section shall be transferred to any other person or entity. (Ord. 2004-14) F. Time of Issuance: A decision on the license will be made within the later of 1)ten business days from receipt of completed application, or 2) five business days after return of background check results unless . G.-grounds exist under this section for immediately denying the permit. iIn the case of a denial the City shall notify the applicant in writing that his/her application is denied the reason for denial, and that the applicant has the right to appeal the denial as set forth below. Notice shall be delivered in person or by mail to the permanent residential address listed on the permit application, or if no residential address is listed,to the business address provided on the permit application. G. Grounds for Denial: The following shall be grounds for denying apermit: 1. The applicant has failed to truthfully provide any of the information requested by the City- as part of the application or failed to pay the permit fee. 2.Conviction of any crime or crimes directly related to carrying,on business as a peddler, solicitor or transient merchant as provided in Minn. Stat. § 364.03, Subd. 2, as it may be amended from time to time.t where the applicant has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities as provided in Minn. Stat. § 364.03 Subd. 3,as it may be amended from time to time. Crimes that are considered to be directly related to the business of peddlers, solicitors and transient merchants include but are not limited to crimes involving assault, criminal sexual conduct, burglary, robbery, fraud, theft murder, manslaughter, rape, child abuse, incest, kidnapping, arson, blackmail, embezzlement, extortion, forgery or larceny. 3. The revocation of any permit issued to the applicant for the purpose of conducting business as_ a peddler, solicitor or transient merchant within the past five years. Agenda Page 192 4. The applicant is determined to have a bad business reputation Evidence of a bad business reputation shall include but is not limited to, the existence of substantiated complaints against the applicant with the Better Business Bureau, the Attorney General's office or other similar business or consumer rights office or agency, within the preceding 12 months,• a rating of C or less with the Better Business Bureau or other similar business or consumer rights office or agency' or the existence of substantiated complaints against the applicant with the City or with any other jurisdiction where the applicant performed permit activities within the preceding 3 years. 5. Failure to follow all Federal State and Local laws rules and regWations related to Permit activities. 6. If the permit activities are to be performed on another person's behalf, the person on whose behalf the permit activities are to be perfomed would be disqualified under any of the above. H. Appeal of Denial of License: Any person to whom the City refuses to issue a license maw appeal such decision to the City Council by requesting, in writing to have the decision reviewed by the City Council at the next regularly scheduled City Council meeting Any person whose license is denied by the City Council under this section shall have the right to appeal that decision in court. 4-4-4: PROHIBITED HOURS: � 0 I No business solicitation is permitted between the hours of eight o'clock(84:00)P.M. to sevenffi-ne o'clock(79:00)A.M. (Ofd 2004_,4) 4-4-5: PROHIBITED PRACTICES GENERALLY: No peddler, solicitor, transient merchant or other person engaged in other similar activities shall conduct business in any of the following manner: A. Calling attention to his or her business or the items to be sold by means of blowing any horn or whistle, ringing any bell, crying out or by any other noise so as to be unreasonably audible within an enclosed structure. B. Obstructing the free flow of traffic, either vehicular or pedestrian on any street sidewalk alley)Nzay, or other public ri T it-of-way. C. Conducting business in a way as to create a threat to the health safety, and welfare of any specific individual or the general public. D. Conducting business before 7 a.m. or after 89_p.m. E. Failing to provide proof of license, or registration, and identification when requested. F. Using the license or registration of another person Agenda Page 193 G. Alleging false or misleading statements about the products or services being;sold including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license or certificate of registration to that person. H. Remaining on the property of another when requested to leave. 1. Otherwise operating their business in any manner that a reasonable person would find obscene, threatening, intimidating or abusive. J. A. Unlawful Purpose. it is unlawful for any seheiter to engage in soheitation feF any uin4awful B. Reffisal To Leave. it is unlawful for any solieitoF to r-effise to leave the preinises ef a selioitee ��,, en fequested by the sokitee to do so. C—License tamed K atie,—It is unlawful for any person to engage in business solicitation without first obtaining a license therefor as provided in this sectiogehapter. eeniributio elio;tatio ,:throat first 1 t' g the 1' ',1 ,1 this h to rr r b y e., .� ....��-or�np�o�- . E. Fraudulent Or Deetive ^r F. Violations Of G t r a't' It is unlawful to violate any conditions placed upon a business solicitation license by the council. (Ord. 2004-14) 4-4-6: ADDITIONAL RESTRICTIONS FOR TRANSIENT MERCHANTS: A. Operation On Public Property: It shall be unlawful for any transient merchant to sell or offer for sale any goods, wares, or merchandise on any public lands or public right of way within the city unless such sale is specifically authorized by the Cite Council. B. Operation On Private Property: No transient merchant shall sell or offer for sale any goods, wares, or merchandise within the city from a stationary location on private property at any location where such sales would not be permitted by the zoning ordinance, or without first obtaining the written consent of the property owner or occupant. The written consent must accompany the license application. C. Space For Off Street Parking And Display Of Merchandise: The space used by the transient I merchant, including off street parking in connection therewith, shall not use e*eeed-the space needed for the existing business at the site as set forth in the City's Zoning Ordinance, and in any case, the merchandise displayed shall not occupy more than one hundred (100) square feet. D. Overnight Storage:No outdoor overnight storage of transient merchant equipment or merchandise shall be permitted. E. Signs: No signage shall violate the provisions of this code relating to size and number of business signs . (Ord. 2004-14) Agenda Page 194 F. Mebile Food Units And Food Cartes Mobile VbilV f'VVLLdunits (n, F F ) a food Ft , t t.tlF te meet the additional following st—andar-ds: 1. Mr-Us must be lieensed b�, the Minnesota health depaFtment, and must adher-e to state bt:.11 tiot„sfor food truck n d d II food code ehaptof 4626.1860 establishments; seasonal tempor-ai=y food stands; seasona4 peFma-fteat food stands. 9videflee o ni,ided to the city a wart of't4. Weal 1' 1' t o state -------- ---'""- '"- }.-........... ... ....., .. ..) L..� t.ii.i V. Lug LVa.iii •Lvvaauv u�lrrivaaivir. o'clock2. MFWs operations are limited to the business, industrial, and public/institutional distriets, a afe fiet permitted between the hauFs of ton r efeam truek vendoFs may operate in all zoning s but must adher-e to thia desefibed hours, , "suer shall be kept in a neat-and-order4y manne—,-and -adhere to the following site regilircm� n T«nL.h a Rtsit n&e«r-era yelinn eolleetio „„d e t b •d d gip__--'__ �_v...-_ -��J�.. .b ....�-........ .�.... ......,u.sY ua..ai v Yiv.iuvu. b. MPWs must provide independent power supply whieh is sefeened from view. Generators a C„Fmitted. e. MF s .,,.,y not maintainuseoutside sound amplify • t, televisions t>, er- similaf visual enter-tainmeat deviees, lights or sueh as bells, hems or-whistles. lee er-eam trucks traveling t1hrough a residential distriet may have eutdoef m Fflakin .i ,� t l, V�1V VU LV 1L1111V LL1I t d MF i s ce nnot abst.— et tLe m.--Vemeat of pedestr4imsor- 1,' iesor-pos0 a 1, d t bli safety' o A fT.'T s shall be. 1,,e ted .ten an .� wha4tor-eenefe+ surf are. a.11 vv U.aua• vV aV VKLV L.. Vll fill IAUt/11LL1G . fl. MFUs may not be leeated within two hundfed feet } permitted within twe hundred feet shops, as measured from the MFU to the food sei-,4ee building. 14owever-MFUs may-he ) of existing food establishments within the sam shopping nte- ,with permission tl, shepping centers r .�..L.YY..ib Vs�...aLV., ��.L�L Y�ii'iicaoi f7 a Mr-Usw, s.must elese during ad..er-se weather-eend•t' when t, 1,vItV lU not provided Ll ffem the property ownen s the MFUs may be located in a public par-kwith appr-oval from and iee oream trueks a+e allowed to operate within the publie.right of way in residential F_-5--Ice cream truck vendors are required to undergo a criminal background check prior to operating in the community, at the cost of the applicant. the eity reserves the right to revoke the MFU transien4 merehant lieense. (Ord. 2015 06, 8 3 241-5) 4-4-7: NOISY CONDITIONS PROHIBITED: No license holder under this chapter, or any person in his behalf, shall shout,blow a horn, ring a bell or use any sound devices upon any of the streets, alleys,parks, or other public places of the city or upon any private premises in the city. (Ord. 2004-14) Agenda Page 195 4-4-8: UNINVITED PEDDLING, SOLICITING AND CANVASSING: l Ej Any resident of the city who wishes to exclude peddlers, canvassers or solicitors from premises occupied by the resident may place upon or near the usual entrance to such premises a printed placard or sign bearing the following notice: "Peddlers and Solicitors Prohibited".No peddler, canvasser or solicitor shall enter in or upon any premises, or attempt to enter in or upon any premises, where such a placard or sign is placed and maintained. Violation of this section shall result in the revocation of a duly issued license. (Ord. 2004-14) 4-4-9: DUTIES OF POLICE: It shall be the duty of any police officer of the city to require any person seen peddling or engaging in like activities, and who is not known to such officer to be duly licensed,to produce his license and to enforce the provisions of this chapter against any person when in violation of this chapter. (Ord. 2004-14) 4-4-10: SUSPENSION AND REVOCATION OF LICENSE: A. Generally. Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following: 1. Subsequent knowledge by the city of fraud misrepresentation or incorrect statement_provided by an applicant on the application form. 2.Fraud misrepresentation or false statements made during the course of the licensed activity. 3. Subsequent conviction of any offense to which the granting,of the license could have been denied under Section 4-4-3. 4. Engagjng in any prohibited activity as provided under Section 4-4-5 of this section. 5. Violation of any other provision of this section. B. Multiple persons under one license. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee shall serve as a suspension or revocation of each authorized person's authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked. C. Notice. Prior to revokingor r suspending any license issued under this section the city shall provide a license holder with written notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, of if no residential address is listed to the business address pLovided on the license application. Agenda Page 196 D. Public Hearin.UUpon receiving the notice provided in part (C)of 4-4-10 the licensee shall have the right to request a public hearing. If no request for a hearing is received by the cityclerk lerk within ten (10)ddays following the service of the notice, the city may proceed with the suspension or revocation. For the puEpose of a mailed notice service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated time frame, a hearing shall be scheduled within twenty (20) days from the date of the request for the public hearing. Within three(3)regular business days of the hearing the City Council shall notify the licensee of its decision. E. Emergency. If, in the discretion of the City Council imminent harm to the health or safety of the public may occur because of the actions of a peddler or transient merchant licensed under this ordinance, the City Council may immediately suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in part(C) of this 4-4-10 F. Appeal. Any person whose license is suspended or revoked under this section shall have the rigbt to appeal that decision in court. The eouneil may r-evoke any peddler's or solioitor-'s heense only open a showing of eaffse at a examine all witnesses in support of revoeation E)f Ws ef her-beense and the opportunity to present witnesses an his or-her-behalf-. Notice may be given in the same manner as that prescribed fe 2004-14) 4-4-11: EXEMPTIONS FROM PROVISIONS: A. The permit requirement in this Section does not apply to merchants or their employees delivering goods in the regular course of business: to persons who distribute printed material but who do not make personal contact with the resident thereon,• to the daily delivery of newspapers: solicitation of orders for future door delivery of newspapers: to the sale at wholesale to a retailer,• to the delivgn of perishable food or dairy products to customers on an established delivery route or to activities associated with the exercise of a person's constitutional rights (freedom of press speech, religion and the like)_providing that no merchandise is concurrently offered for sale. B. The permit requirement in this Section does not apply to peddlers or solicitors who are 17 .years of age or younger, who are engaged in permit activities on behalf of a public school or private school, philanthropic organization, or community organization, which private school, philanthropic organization or community organization or its parent organization is on file with the Minnesota Secretary of State as a Minnesota domestic or a foreign business organization or has filed an assumed name where the oroceeds of the sales are mainly devoted to the benefit of the children engaged in the pennit activities. C. The hermit requirement in this Section does not a)ily to non-commercial door-to-door advocates. This exemption will not apply if the.person's exercise of constitutional ri lits is merely incidental to a commercial activity. Agenda Page197 D. The permit requirement in this Section does not apply to the following activities: the sale of farm or garden products upon property in which the products were grown; any sale under court order; garage sales, rummage sales, estate sales conducted on the seller's property; or any sale conducted by a properly licensed auctioneer. The number of the occasions per property shall be limited to three per year, and the duration of each occasion shall be limited to four days. E. The permit requirement in this Section does not apply o a A. The e ty clerk may Bete ffli e that eer-tain business aeti�,ifies that may have charaeter-isties similar-to those regulated by this ehVter may he exempt f:-,.m the .,+� .if the chapte Examples elude V11Wt.l Va lall�.L� VV VAVIl l./L ll Vl e e 4-.-A-solicitor or canvasser doing business by appointment. A bona fide appointment is one that is not merely obtained by going door to door in conjunction with the taking of orders, offering for sale or selling. 2. Sliei tstUion of orders for fUkw door- V door LL Vhi,e y of L[V Vr 7 with the eity clerk.ale-fee-ir ed to so register-. 5. Any per-soft selling er-peddling the pr-eduets of the farm or-garden oeoupied and etiltivated b such (Ord. 200 l ) 6r-FG. The permit requirement in this Section does not apply to aAll vendors involved in the following community events: Fourth o9f July celebration, community festivals (i.e.,Friendly City Days),Wright County Fair,business expo, the city approved farmers'market within a city park, Girl Scouts, Boy Scouts, fire department, and any other community event or fundraisers the Ceity Ceouncil deems exempt. (Ord. 2014-02, 2-18-2014) sales,7. Gar-age > B. This ehapter-does not apply to an),or-ganization, secietyL, asseeiation or corporation if qllp�h statutes seetion 309.515, if sueh organization desires to seheit or have soheited in its Hafne money, don-Attions 41-money or-pr-epefty or finaneial assistanee of any kind, or desires to sell per-sons other than members of such organization upon the s in offiee of business buildings-, individual shall pr-eyide a swern stateraent in writing on a fi3rm fumished by the eity w1fieh shall include the fellewing ififematiew 1. The Tb.e 11LLLlly.,n r the cruse foF which the license : sought. a Luau Ypurposer 2 The ., and addresses of the of ee.-s and/of:Ai,-e.otor-s of'the organization. L. L iLV names LULU addresses 3 The period during which the L..,ke t.,tio is to be,..,, dueteA (Ord. 200" 4-4-12: MISDEMEANOR VIOLATION; PENALTY:tl EJ Every person violates a provision of this chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor, except as otherwise stated in specific provision hereof, or upon conviction thereof, shall be punished as a misdemeanor as provided in section 1-4-1 of this code. (Ord. 2017-01, 1-3-2017) Agenda Page 198 lb£rtvlll£ Mayor and Council Request for Action TOWn u�. City Uf. Y March 12, 2020 SUBJECT: PUBLIC WORKS/ENGINEERING—2020 STREET IMPROVEMENTS RECOMMENDATION: This space on the agenda is reserved for the City Council to consider acceptance of the lowest bid received for the 2020 Street Improvements project. It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Approve Resolution No. 2020-011 entitled A Resolution Accepting Low Bid for 2020 Street Improvements INFORMATION: The proposed improvement project was advertised and on March 10,bids for the improvements were opened. A total of nine (9)bids were received with proposals ranging from $578,191.50 to $702,149.25, as shown on the attached Bid Tab. The following elements, together with related work, are included in the project: Street Overlay—The planned street segments identified on the attached will be surfaced milled and paved with 2" of bituminous wear course. 51St Street NE cul-de-sac—The temporary cul-de-sac, which was originally planned to be extended across Ditch No. 9 will be constructed with a 29' radius to back of curb, and paved. Miscellaneous—The project will also include spot curb repair,pavement milling, utility adjustments,boulevard/yard grading, and turf restoration. KEY ISSUES: • Low Bid for the project is $578,191 • Low Bid Received by Knife River FINANCIAL CONSIDERATIONS: The proposed project will be funded through multiple funds including the 2020 streets budget, and capital reserves. The low bid amount is for $578,191.50. These figures do not include the overhead costs associated with surveying services or construction inspection and testing. Overhead and construction contingencies are estimated to be approximately 5% of the construction amount. LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to authorize municipal improvements, and to accept or reject bids for municipal improvements. P:\City Council\Council Packet Information\2020\031620\2020 Street Improvements\1 2020 Street Improvement Award RCA.doc Meeting Date:March 16,2020 Agenda Page199 Mayor and Council Request for Action—2020 Street Improvements Award Public Works/Engineering—March 12, 2020 Page 2 of 2 Submitted Through: Adam Nafstad, City Administrator-PWD Attached: Award Resolution Bid Abstract Plan Title Sheet On file with the Clerk: Construction Plans and Specifications P:\City Council\Council Packet Information\2020\031620\2020 Street Improvements\1 2020 Street Improvement Award RCA.doc Meeting Date:March 16,2020 Agenda Page 200 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2020-011 A RESOLUTION ACCEPTING LOW BID FOR THE 2020 STREET IMPROVEMENTS WHEREAS,plans and specifications for street pavement, utility and other related municipal improvements to certain city streets have been prepared by Bolton&Menk, Inc. and such plans and specification have been presented to the Albertville City Council for approval; and WHEREAS,pursuant to an advertisement for bids for the proposed improvements,bids were received, opened and tabulated; and WHEREAS, it appears that Knife River, Inc. of Shakopee, Minnesota is the lowest responsible bidder; and NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Albertville, Minnesota, as follows: 1. The bid of Knife River, Inc., said"Low Bidder", in the amount of$578,191.50 for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid. 2. Said bid of said Low Bidder is accepted. 3. The City Administrator and City Clerk are hereby authorized and directed to enter into a contract with said"Low Bidder" for the construction of said improvements for and on behalf of the City of Albertville. Approved by the City Council of the City Albertville this 101 day of March, 2020. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Hodena, City Clerk Agenda Page 201 8- 8 8 8 8 8 8 8 8 8 R v 8 8 8 8 8 8 8 8 F R 8 8181 . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 8 8 8 8 8 8 8 8 8 8 8 8 I I 8 8 8 8 8 8 8 8 8 8 I R "� 8 8 8 8 8 8 8 8 8 8 8 8 R 8 8 8 8 8 8 8 8 8 8 8 818 5z-� 8 8 8 8 8 ml H H 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 R8 8 8 8 8 8 8 8 8 8 8 1 8 8 I ffi 8 8 8 T 8 8 8 8 8 8 8 8 8 8 8181 o m- 8 8 8 8 8 8 8 8 8 8 8 8 $ 8 8 8 8 8 8 8 8 8 8 8 8 8 $ °: z m 8 8 8 8 m m S! r 8 S R m o "o: 8 8 8 8 8 8 8 8 8 8 '° 8 8 8 8 8 8 8 8 8 8 8 8181 88888888888x888888 � 8a8888a ~ sssm � m � I'l< mR s mss x� 8 R 8 8 A AR 8 8 ^< R 8 8 8 8 8 8 a 8 a 8 8 81 8 8R 8 8 �2 8 8 8 8 8 8 8 8 8 8 8 8 8 8 R 8 8 s 8 8 8 8 8 �$= 8 8 8 8 a R 8 8 8 8 R 8 8 8 8 8 8 8 2 8181 N Ot 8 8 8 8 8 8 8 8 8 8 8 8 p 8 8 8 8 8 8 8 8 8 8 8 8 8 d i z Fi S S7 R S R $ m W uz $ R «3 $ y wm5 «3 Rw % w R $ 5R 8 C "0 e ^ i 8 8 8 8 8 < 8 8 8 8 R 8 8 8 8 8 8 m m 81 R 88 = ss8888 = s8a8888888 = 8 = s88i So ll 8 8 .� �s LLa 88R erns s8s ,a Q N O i . F �� f f m � K K K K V z O Oo w w ~ 2 F - - � � gU' gU' pU pU � zz a s U u7 u7 U U w 1 U U U U i b a w 3 3 y W i a s N N a J mzw. M o o i i i " f a o o w o i LL o�� S2 m w N rc r w w o a a ww ofrci S $ $ w w w w a ' ' o mw $ $ $ : way f N °U °U No a mR�� zd Q R U m - Lo ;Et3V §■_\| ■§ ;��H�- ig °<§ Hi ���m r §§§§E |!§§§B < /§ § §(( §� zMg / w § § | § §|§B■: :§§;;E : : . . . E„ ..... k � | | | | - § | ■ ■ ■ ! r .2! 2 §)§ ■ \ § - . . . . ; /el LU ¢ | � � ! ■| § © \ § RE \/ 0 \\ ow 0 2 .. W 2 co ZF < \\ \ GG \ — �ur < u R ® � Q LL \0 2 g 0 �-o � § | t u e ` m m m |!; I & /\D m em m ,# / < •|; E; ! � ( � 0 " ° \ ° cL C ` \ \ � � .1.""J.- i.: >�lbertville City Administrator's Update Smell Town LWInq.8,9 W., March 12, 2020 GENERAL ADMINISTRATION Planning Commission: Staff is advertising for letters of interest from residents to serve on the Planning Commission. Two terms expired December 31, 2019 as well as the vacancy created when Hudson moved to City Council. Review of letters and interviews are tentatively planned for the second meeting in April at 6:00 p.m. Parks Committee: The Parks Committee will seek interested parties for the vacant seat on the committee and offer a recommendation to the City Council at a future meeting. 2020 Presidential Nominating Primary: The Primary Election was successful and was a good practice run for the election judges prior to the August and November elections. The new polling location worked well. Postal verification cards were sent to all registered voters who had their polling location changed. City Hall Lighting: The city's electrical vendor has been assessing improvements that can be made to the lighting at City Hall. ENGINEERING/PUBLIC WORKS Kwik Trip: Kwik Trip is underway and working towards a July completion. Heuring Meadows Commons: The final plat and development agreement will be presented to Council on Monday. WWTP Forcemain Project: The work on the sludge storage tank will take place through the winter. 2020 Overlay: The project was bid on March 10 and will be presented to Council on Monday. 58th Street NE and Central Park Improvements: Plans and specifications are nearing completion and will be bid in April. Non-Native Phragmites: Staff is in discussions with the MPCA, Department of Ag, and other municipalities regarding the use of the non-native reeds at our wastewater plants. CSAH 19 and 70th Street: A pre-construction meeting will be held March 19 and an April construction start is anticipated. Up Coming Events: • March 18—Transportation Day at the Capitol,St. Paul (Please me know if you are interested) Agenda Page 204 • March 18-19—LMC 2020 Legislative Conference, St. Paul (Please me know if you are interested) • March 30—Joint Governance Meeting, 6:00 pm STMA MW Media Center • April 6- Local Board of Appeal and Equalization, 6:15 p.m. • April 20—6:00 p.m., Planning Commission Interviews Attachments: • 2020 PNP Election Results City Administrator's Update Page 2 of 3 March 12, 2020 Agenda Page 205