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1997-06-03 CC Agenda/Packet
r,r,1 IMP 04 "It M O_��I 0" 1IF AGENDA June 3, 1997 7:00 PM 1. CALL TO ORDER/ROLL CALL/ADOPT AGENDA (Mayor/Clerk/Council) 2 . MINUTES (Council) a. Regular City Council Meeting -- May 6, 1997 b. Special Council Meeting - May 20, 1997 3. AUDITING CLAIMS (Council) 4. CITIZEN FORUM - 10 Minute Limit 5 . CONSENT AGENDA [*1 (council) a. General Fund Revenue/Expenditure Report - April b. Financial Statement - May C. Follow -Up Sheet as of May 6, 1997 d. WWTF Operation Report April 1997 (PSG) e. Approve 3.2 License for St. Albert's Church for the Parish Festival from 12:00 Noon to 6:30 PM July 20, 1997 f. Approve 3.2 License for Albertville Jaycees at the St. Albert's Parish Center from 7:00 PM to 12:00 Midnight on June 14, 1997 g. Establish a joint meeting with the Planning Commission on June 24 at 7:00 PM to consider the Comprehensive Parks & Trails Plan h. Approve permit request from Friendly City Days Committee to allow a fireworks display within the City i. Approve 3.2 License for Albertville Lions at the Lions Shelter on June 13, 14 and 15, 1997 6. NEW BUSINESS Request from Keith Franklin to purchase two parcels of property from the City 7. DEPARTMENT BUSINESS a. PLANNING & ZONING 1) Tony Lucas - Rezoning Request from A-2 to B-3 1 2) The Meadows - Preliminary Plat Approval 3) Cedar Creek Business Park - Preliminary Plat 4) Center Oaks - Rezoning request from R-lA to PUD 5) Center Oaks - Preliminary Plat and Final Plat Approval for Outlots 6) Cedar Creek North - Rezoning of the currently zoned R-lA portion only to PUD 7) Cedar Creek North - Preliminary Plat Approval 8) ORDINANCE #1997-2 (AN ORDINANCE AMENDING SECTION 2500 OF THE ALBERTVILLE ZONING ORDINANCE REGARDING THE REGULATION OF ANTENNA (COMMUNICATION RECEPTION/TRANSMISSION DEVICES) 9) ORDINANCE #1997-3 (AN ORDINANCE AMENDING SECTIONS A- 500 AND A-600 OF THE ALBERTVILLE SUBDIVISION ORDINANCE REGARDING SKETCH PLANS AND PRELIMINARY PLAT REQUIREMENTS AND ESTABLISHING A SECONDARY STREET ACCESS REQUIREMENT FOR RESIDENTIAL SUBDIVISIONS) b. PUBLIC WORKS None C. ENGINEERING 1) 1997 Street Overlay & Patching Project 2) Project Updates d . LEGAL 1) Approval of appraisal of Peterson property 2) Grading Agreement for Cedar Creek Business Park 3) Veteran's Preference Hearing Update e. ADMINISTRATION 1) Consider Joint Powers Board Watermain Ownership/Responsibility Concept Plan 2) ORDINANCE #1997-8 (AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 1997-4 TITLED NOISE, EXEMPTING CIVIC CELEBRATIONS THEREFROM) 3) Discuss 1998 Budget preparations 8 . ADJOURNMENT (Council) ALBERTVILLE CITY COUNCIL June 3, 1997 Albertville City Hall 7:00 PM PRESENT: Mayor Mark Olsen, Councilmembers Patricia Stalberger, Duane Berning, Robert Gundersen, and John Vetsch, City Administrator Garrison Hale, City Clerk Linda Houghton, City Engineer Peter Carlson, City Planner Liz Stockman and City Attorney Mike Couri Mayor Olsen called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following: Item 5i - Establish a special meeting on June 16, 1997, at 6:30 PM for the _purpose of employee reviews Item 7e(4) - Local Performance Measures Item 7e(5) - Discuss drainage ditch on Barthel Commercial Park Berning made a motion to approve the agenda as amended. Stalberger seconded the motion. All voted aye. The minutes of the May 6, 1997, meeting were amended as follows: Paae 1, Paragraph 3 - The STMA Men's Softball Association agree to drag and chalk the ball field, in addition to paying a $250 rental fee. Page 4, Paragraph 2 - "Gary" is replaced by "Jerry" Berning made a motion to approve the minutes of the May 6, 1997, meeting as amended and to approve the minutes of the May 20, 1997, meeting as presented. Stalberger seconded the motion. All voted aye. Berning made a motion to approve payment of Check #'s 10965 - 10998 as presented. Gundersen seconded the motion. All voted aye. Jim Valerius and Jim Eull, representing the STMA Hockey Association, addressed the Council regarding the drainage ditch that crosses the proposed ice arena. The Association would like the Council to consider purchasing the ditch property, rather than move the ditch. This would benefit both the ice arena site by allowing the building to be turned on the site. City Attorney Couri advised the Council that there is still no joint powers agreement on the ice arena. The entities involved are waiting for the final financial calculations. The preliminary financial calculations indicate that the arena will operate at a loss for the first four years. City Engineer Pete Carlson explained that the City authorized I ALBERTVILLE CITY COUNCIL June 3, 1997 Page 2 of 8 a Northwest Drainage Feasibility the City, including relocation hearing, all property owners were $190,000 cost and it was dropped explained that a detention pond arena can be developed. Study for draining this area of of the ditch. At the public opposed to the project due to the at that time. Carlson further will also be needed before the Bernie Marx indicated he is waiting for the city to implement a storm sewer project on his property. Attorney Couri explained that the previous Council approved an agreement with Marx to pay one half the cost, to a maximum of $3,000, to alleviate the drainage problem, contingent upon Marx waiving further claims against the City. Marx refused to sign the agreement at that time, and Marx indicated he is unwilling to sign the agreement now. Councilmember Berning suggested that City Engineer Carlson review the feasibility proposal prepared by Meyer-Rohlin, Inc. several years ago on the project. If the study is still current, Carlson will provide Marx with the study and the property owner will be required to have his engineer draw up plans and specs for City approval prior to installation. Berning made a motion to approve the April General Fund Revenue/Expenditure Report as presented. Olsen seconded the motion. All voted aye. Berning made a motion to approve the May Financial Statement as presented. Olsen seconded the motion. All voted aye. Berning made a motion to approve the Follow -Up Sheet from the May 6, 1997, meeting as presented. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the Wastewater Treatment Facility Operations Report for April 1997 as presented. Olsen seconded the motion. All voted aye. Berning made a motion to approve a 3.2 Malt Liquor License for St. Albert's Church at the St. Albert's Parish Center from 12:00 Noon to 6:30 PM on July 20, 1997. Olsen seconded the motion. All voted aye. Berning made a motion to approve a 3.2 Malt Liquor License for the Albertville Jaycees at the St. Albert's Parish Center from 7:00 PM to 12:00 Midnight on June 14, 1997. Olsen seconded the motion. All voted aye. Berning made a motion to establish a joint meeting with the Planning Commission on June 24 at 7:00 PM to consider the Comprehensive Parks & Trails Plan. Olsen seconded the motion. All 6 ALBERTVILLE June 3, 1997 Page 3 of 8 voted aye. CITY COUNCIL Berning made a motion to approve the permit request from the Friendly City Days Committee to allow a fireworks display on Friday, June 13, 1997. Olsen seconded the motion. All voted aye. Berning made .a motion to approve a 3.2 Malt Liquor License for the Albertville Lions at the Lions' Shelter as follows: June 13, 1997 10:00 AM to 12:00 Midnight June 14, 1997 10:00 am to 12:00 Midnight June 15, 1997 12:00 Noon to 12:00 Midnight Olsen seconded the motion. All voted aye. Berning made a motion to establish a special meeting on June 16 at 6:30 PM for the purpose of employee reviews. Olsen seconded the motion. All voted aye. Keith Franklin made a proposal to the City Council to purchase the one acre, triangular parcel abutting the property he currently owns, which was the old roadbed of Highway 152. He offered to pay $500 for the parcel, which would then be added -to the tax rolls at an estimated annual $407 in tax dollars. Franklin stated that a portion of his driveway is on this property already. The Council received a letter dated June 3, 1997, from Diane Hoey, indicating the City is required to acquire bids for the sale of property. City Attorney Couri advised the Council that Ms. Hoey was incorrect and that the City can sell real estate without seeking bids. City Engineer Carlson indicated that the City must maintain a drainage path over the property in the event it is sold. Councilmember Stalberger questioned whether a billboard sign would be located on this parcel. Franklin stated that there is one sign already on his site and there is no possibility (according to current ordinances) of another sign on the parcel: Judy Roden expressed the opinion that Ms. Hoey is in competition with Franklin and suggested that the Council research the potential for leasing billboards as a revenue generator for the City. City Attorney advised the Council to get the valuation of the parcel from the Wright County Assessor in order to evaluate the offer from Franklin. Couri further suggested that the City may wish to inquire about an offer from Hoey. Councilmember Vetsch went on record to state that Franklin has always been good to and positive for the City of Albertville and 4 ALBERTVILLE CITY COUNCIL June 3, 1997 Page 4 of 8 feels that Franklin's request deserves consideration. Franklin also would like to purchase another parcel of wetland area along Barthel Industrial Drive from the City for the purpose of installing a billboard. City Engineer Carlson stated the City should maintain ownership of the wetland area. Olsen made a motion to deny the sale of the wetland parcel to Keith Franklin and to table a decision on the sale of the parcel abutting Franklin Sign until June 17, 1997, when the assessed value of the lot is determined by the County Assessor (City Administrator to obtain assessed value). Stalberger seconded the motion. All voted aye. City Planner Liz Stockman explained the request from Tony Lucas for rezoning his property from A-2 to B-3. The Planning Commission is recommending that the Council deny the request to rezone to B-3, but approve a rezoning to B-1. The intended use of the property is for a billboard. Both B-1 and B-3 allow billboards as a permitted use. The Planning Commission recommended the B-1 zone because it limits the uses that would generate traffic on a cul-de-sac. Berning made a motion to approve the Findings of Fact & Decision as presented, and to rezone the property B-1, as recommended by the Planning Commission. Stalberger seconded the motion. All voted aye. Planner Stockman presented the revised preliminary plat for The Meadows. Items 1, 6 and 7 in the Findings of Fact & Decision have been incorporated in the revised plat. Stockman recommends preliminary plat approval with the Findings of Fact & Decision amended to only Items 2, 3, 4, 5, and 8. Sewer service to the plat will cross County Road 19 from the trunk sewer line. A Trunk Access Fee (TAC) will be charged per acre, but the cost of the installation of the 10"'sewer line will be deducted from the TAC fees. Bobby Heuring, an adjoining property owner, is concerned about additional water on his property. City Engineer Carlson stated that the discharge rate will be no greater after the development and most of the water is proposed to drain to the storm sewer system through Center Oaks. Mike St. Martin, engineer for the plat, stated that the drainage onto the Heuring property should be reduced by 80%. A berm will be located along the property line. V ALBERTVILLE CITY COUNCIL June 3, 1997 Page 5 of 8 Heuring wants evergreens planted on the berm for screening his property and slowing snowmobile traffic. Stockman stated that a buffer and/or screening is not required by ordinance. Steve Ryan of Lyman Development stated it is unprecedented to require screening between single family and ag properties. Heuring further questioned how he will be able to serve his property for sewer and water. Stockman stated that at the Planning Commission public hearing, Heuring was opposed to a street access onto his property. Engineer Carlson stated that sewer service can be extended in the future to the Heuring property from the Center Oaks addition. Stalberger made a motion to approve the revised Findings of Fact & Decision and to grant preliminary plat approval for The Meadows, subject to the developer obtaining a private easement from Pilot Land Development over the abandoned ditch which will temporarily drain the plat to the west. Berning seconded the motion. All voted aye. City Attorney Couri advised the Council that because sewer and water are not available to the Cedar Creek Business Park at this time, approval of the plat must be subject to an acceptable sewer plan being presented to and approved by the City Engineer. Couri recommended that only preliminary plat be considered for approval at this time. Don Jensen, Pilot Land Development representative, explained that the plat offers 1.5 to 1.75 acres sites .for commercial use. He stated that sewer can be accessed from the south, but it would require a temporary lift station. Jensen will withhold his request for final plat approval for Cedar Creek Business Park until utilities are feasible. Berning made a motion to approve the Findings of Fact & Decision granting preliminary plat approval only to Cedar Creek Business Park, contingent upon the developer' presenting an acceptable sewer plan to service the property to the City Engineer and Council, at developer expense. Olsen seconded the motion. All voted aye. The Council discussed the recommendation from the Planning Commission to approve the rezoning of the property for Center Oaks 1st Addition from R-1A to PUD. City Planner Stockman reported that the Center Oaks plat is not tied into the golf course, but rather abuts the Cedar Creek proposal. Councilmember Vetsch expressed the opinion there are too many twin homes, small houses and lots. ALBERTVILLE CITY COUNCIL June 3, 1997 Page 6 of 8 Don Jensen, Pilot Land Development, explained that because the design of Center Oaks is different from the usual subdivision design, a PUD zone is required. Every lot is 15,000 square feet or greater, setbacks meet or exceed the requirements, although the variance is from where the setback is measured from. Jensen further explained that an 18 hole golf course is in the development stages and five of the holes will be in the City of St. Michael. Planner Stockman feels that the entire concept plan, including the golf course portion, should be tied into a PUD and the development then could proceed in phases. City Attorney Couri agreed with Stockman that the PUD ordinance should be followed from the Concept Stage to the development Stage and the Final Stage. Couri further recommended that the Outlot platted for Center Oaks is approved. The outlot is platted to accommodate the sale of the parcel to Feneis Brothers as the senior housing development. Councilmember Berning stated he wants the entire concept plan presented for the PUD and agrees with waiving the time delay for resubmitting plats once they have been denied. Vetsch made a motion directing staff to prepare a resolution to deny the rezoning request from R-lA to PUD for the Center Oaks residential portion, to approve the preliminary and final plat of the outlot, to waive the submittal time requirement for the Center Oaks residential plat, and to waive re -application fees for the plat. Berning seconded the motion. All voted aye. Rich Harrison, the designer of the Center Oaks and Cedar Creek North plat, demonstrated the "coving" design used for both plats. The Council concurred that a concept plan must be presented, which includes the golf course, prior to the rezoning request from R1-A to PUD is considered. Olsen made a motion directing staff to prepare a resolution to deny the rezoning request from R-lA to PUD for Cedar Creek North to deny preliminary plat approval, to waive the submittal time requirement for Cedar Creek North residential plat, and to waive re -application fees for the plat. Vetsch seconded the motion. All voted aye. Berning made a motion to adopt ORDINANCE #1997-2 titled AN ORDINANCE AMENDING SECTION 2500 OF THE ALBERTVILLE ZONING ORDINANCE REGARDING THE REGULATION OF ANTENNA (COMMUNICATION RECEPTION/TRANSMISSION DEVICES) as recommended by the Planning Commission. Stalberger seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL June 3, 1997 Page 7 of 8 Berning made a motion to adopt ORDINANCE #1997-3 titled AN ORDINANCE AMENDING SECTIONS A-500 AND A-600 OF THE ALBERTVILLE SUBDIVISION ORDINANCE REGARDING SKETCH PLANS AND PRELIMINARY PLAT REQUIREMENTS AND ESTABLISHING A SECONDARY STREET ACCESS REQUIREMENT FOR RESIDENTIAL SUBDIVISIONS as recommended by the Planning Commission. All voted aye. City Engineer Carlson reported that although the Council has approved $32,000 for the 1997 Street Overlay and Patching project, there is $60,000 available in the budget. There are other streets that could be patched or overlaid should the Council so choose. Berning made a motion restating that $32,000 is approved for the 1997 Street Overlay and Patching project. Olsen seconded the motion. Berning and Olsen voted aye. Stalberger, Vetsch and Gundersen voted no. The motion failed. Vetsch made a motion authorizing the engineer to spend up to $40,000 in street patching and overlay for 1997. Stalberger seconded the motion. Stalberger, Vetsch and Gundersen voted aye. Berning and Olsen voted no. The motion carried. Engineer Carlson reported that the drainage plan for the Greenhaven addition will be completed by the next meeting. Carlson is also in the process of securing quotes for the culvert crossing for the next meeting. City Engineer Carlson further reported that the control panel for the lift station in the Sunrise Commercial. Park is creating a site problem for County Road 37 realignment. He will provide costs for relocating the control panel from the north side of the lift station to the south side at the next meeting. Carlson recommends that the Public Works and Finance Committees begin discussions related to the future upgrade to the wastewater treatment facility. Berning made a motion directing the administrator to send notice to the property owner on 57th Street whose sewer and water connections cut through 57th Street that the pavement must be replaced within 30 days of the date of the letter, or the City will contract the work and assess the costs to the property. Olsen seconded the motion. All voted aye. City Attorney Couri requested that the agenda be amended to add a closed session to discuss the L & D Trucking potential settlement offer. The Council agreed to a closed session immediately before adjournment. ALBERTVILLE CITY COUNCIL June 3, 1997 Page 8 of 8 Berning made a motion to approve the Peterson property appraisal of $44,332, to authorize payment of that amount to the Wright County Court and to request that the condemnation order be issued. Stalberger seconded the motion. All voted aye. Berning made a motion to approve the Grading Agreement for the Cedar Creek Business Park, contingent upon a letter of credit in the amount of $10,000 is provided to the City. Vetsch seconded the motion. All voted aye. Attorney Couri reported that the Veteran's Preference Commission has reached a preliminary vote of 2-1 in favor of the City. The Commission is recommending that the City Council reevaluate the job description of Maintenance Worker II and the points assigned. One Commission member will issue a minority opinion. Gundersen and Vetsch briefed the Council on the concept plan for the Joint Powers Board Watermain Ownership question. Gundersen made a motion to approve the concept plan as presented. Vetsch seconded the motion. All voted aye. Berning made a motion to adopt ORDINANCE #1997-8 titled AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE #1997-5 TITLED NOISE, EXEMPTING CIVIC CELEBRATIONS THEREFROM. Stalberger seconded the motion. All voted aye. Administrator Hale reviewed the 1998 budget process with the Council. Mayor Olsen asked for comments on his recommendations for the Local Performance Measures. The Council concurred to proceed as Mayor Olsen recommended. City Engineer Carlson indicated that the ditch on the proposed hockey arena site is a private development problem and recommended the Council take no action. Mayor Olsen recessed the meeting to enter into a closed session to discuss the potential L & D Trucking settlement at 11:10 PM. Mayor Olsen reconvened the meeting at 11:30 PM. Berning made a motion to adjourn at 11:30 PM. Olsen seconded the motion. All voted aye. Mark Olsen, Mayor Linda Houghton, City Clerk 3 CITY OF ALBMTVILLE BILLS TO BE PAID June 17, 1997 Check No. Vendor Reason Amount 11005 Affordable Sanitation Portable Toilets 191.70 11006 AirTouch Cellular P.W. Cell Phone 7.17 11007 Barthel Masonry Sidewalk Repairs 4,400.00 11008 Bauer, Mark & Carolyn Lilac Bushes 142.12 11009 CarQuest Monthly Charges 13.31 11010 Carrot Top Industries Flags 230.70 11011 Dale's 66 Oxygen/Acetylene 65.21 11012 DJ's Total Home Care Monthly Charges 327.58 11013 Don's Auto Service Propane 100.09 11014 Eull Concrete Products Pea Rock 5.33 11015 1st Nat'l Bank of ER 1992 GO Imp. Bond 1,001.78 11016 GameTime Volleyball Net 35.47 11017 Hack's Supplies/Gas 95.99 11018 Highland Bank 1992 GO Imp Bond 1,993.58 11019 Honey -Do Lawn Service Mowing 155.49 11020 Joint Powers Board Water 121.83 11021 KDV Reports 125.00 11022 LaPlant Sanitation Garbage Service 89.87 11023 Larson Publications May legals 215.01 11024 Lyle H. Nagell, Co. Peterson Appraisal 800.00 11025 MinnComm Pager Service 18.37 11026 Minnegasco Monthly Service 40.24 11027 Miracle Recreation Park Bleachers 1,842.45 11028 11029 11030 11031 11032 11033 11034 11035 11036 11037 11038 11039 11040 11041 11042 11043 11044 Monticello -Big Lake Hosp. City of Monticello NSP NAC, Inc. City of Otsego PERA Life Insurance Pat's 66 Persian Business Equipment Rockford State Bank Security Bank of Maple Lake SEH, Inc. Springsted, Inc. Weber Oil Company Wr. Co. Treasurer Wright Recycling Wright Hennepin Electric Albertville Villains F.D. Physicals 170.00 Animal Control 180.00 Monthly Service 2,677.17 Planning Services 4,873.94 Snowplowing 357.50 Payroll Deduction 12.00 Gas 160.42 Repair fax 195.16 1992 GO Imp Bond 1,993.58 1992 GO Imp Bond 1,993.58 Engineering Serv. 6,611.66 Ice Arena 6,327.57 Diesel Fuel 67.02 June Police 5,246.88 May Recycling 1,028.50 Street Lights 22.36 Lions Donation 1,000.00 TOTAL $44 , 935.63 REVENUE/EXPENDITURE REPORT 4200600011pe 97 City of Albertville Page: 1 ----------------------------------------------------------------------------------------------------------------------------------------- ------------------- For the Period: 05/01/97 to 05/31/97 Original Budget hended Budget Annual Actual Curr Nth Encuib Annual Unenc. Balance S Bud Fund: 101 General Fund Revenues 310.100 Current Taxes .00 412,400.00 2,066.92 .00 .00 410,333.08 .5 310.200 Delinquent Taxes .00 .00 .00 .00 .00 .00 .0 310.400 Tax Increeents .DO .00 -16,474.90 .00 .00 16,474.90 .0 320,110 Liquor Penits .00 8,100.00 4,150.00 .00 .00 3,950.00 51.2 320.120 Beer Penits .00 200.00 90.00 70.00 .00 110.00 45.0 320.130 Asuseeents licenses .00 400.00 350.00 .00 .00 50.00 87.5 320.140 Cigarette licenses .00 250.00 250.00 .00 .00 .00 100.0 320.150 Sign Persits .00 3,525.00 3,375.00 .00 .00 150.00 95.7 320.160 OtherBusiness licenses/Penits .00 200.00 5,743.18 .00 .00 -5,543.18 Itt.i 320.210 Building Penits .00 13,940.00 25,814.47 6,641.7S .00 -11,874.47 185.2 320.220 Anioal licenses .00 100.00 30.00 10.00 .00 70.00 30.0 334.010 local Goverment Aid .00 82,672.00 41,569.50 41,569.50 .00 41,102.50 50.3 334.020 HACA .00 136,182.00 69,070.50 69,070.50 .00 67,111.50 50.7 334.030 Local Perforiance Aid .00 2,384.00 .00 .00 .00 2,384.00 .0 334.050 Police Aid .00 3,000.00 .00 .00 .00 3,000.00 .0 334.060 Fire Aid .00 7,899.00 .00 .00 .00 7,899.00 .0 336.000 Other Gov. Units Grants S Aids .00 4,800.00 1,973.50 .00 .00 2,826.50 41.1 341.070 Special Assessient Searches .00 100.00 260.00 50.00 .00 -160.00 260.0 341.090 Other Charges for Services .00 3,000.00 .00 .00 .00 3,000.00 .0 341.095 Developer Escrows .00 .00 .00 .00 .00 .00 .0 342.020 Fire Protection Services .00 33,994.00 .00 .00 .00 33,994.00 .0 342.030 Park Rental Fees .00 2,000.00 1,300.00 150.00 .00 700.00 65.0 343.000 Stori Sewer Fees .00 .00 .00 .00 .00 .00 .0 343.100 Penalites - Ston Water Bills .00 .00 .00 .00 .00 .00 .0 344.000 Storo Sewer Connection Fees .00 .00 .00 .00 .00 .00 .0 350.000 Fines and Forfeits .00 100.00 37.00 .00 .00 63.00 37.0 362.000 Interest Earnings .00 2,200.00 35,907.03 1,429.97 .00 -33,707.03 m.t 364.000 Private Contributions/Donation .00 .00 1,422.92 2,100.00 .00 -1,422.92 .0 372.080 Other Revenues .00 1,500.00 1,525.20 26.70 .00 -25.20 101.7 391.010 Sales of General Fixed Assets .00 .00 .00 .00 .00 .00 .0 392.030 Transfer -Capital Project Funds .00 .00 .00 .00 .00 .00 .0 392.050 Transfer Out .00 .00 .00 .00 .00 .00 .0 395.000 lease Payment .00 950.00 475.00 .00 .00 475.00 50.0 REVENUE Revenues General Fund Grand Total: 00 719,896.00 178,935.32 121,118.42 .00 540,960.68 24.9 --------------------------------------------------------------------------------------------- ------ ------ .00 719,896.00 178,935.32 121,118.42 .00 540,960.68 24.9 .00 719,896.00 178,935.32 121,118.42 .00 540,960.68 24.9 00 711,816.00 178,935.32 121,118.42 .00 540,960.68 24.9 REVENUE/EXPENDITURE REPORT Date: 06/06/97 Time: 2:01pm City of Albertville Page: 2 ---------I For the --------------------------------------------------------------------------------------------------------------------------------------------------- Period: 05/01/97 to 05/31/97 Original Budget Amended Budget Annual Actual Curr Nth Encumb Annual Unenc. Balance % Bud ------------------------------------------------------------------------------------------------------------------------------------------------------------- Fund: 101 General Fund Expenditures Dept: 410.100 General Goverment - Council 511,000 Wages - Regular Employees .00 11,400.00 4,750.00 950.00 .00 6,650.00 41.7 522.000 FICA Contributions .00 872.00 375.31 72.69 .00 496.69 43.0 523.000 PERA Contributions .00 .00 .00 .00 .00 .00 .0 526.000 Workers Compensation Insurance .00 185.00 .00 .00 .00 185.00 .0 533.600 Planner: City Projects/Meeting .00 5,000.00 .00 .00 .00 5,000.00 .0 533.900 Other Prof. Contract Services .00 .00 .00 .00 .00 .00 .0 552.000 Insurance Other than Esp. Bene .00 4,900.00 .00 .00 .00 4,900.00 .0 555.000 Printing b Publications .00 2,800.00 1,043.08 433.15 .00 1,756.92 37.3 558.000 Travel .00 309.00 .00 .00 .00 309.00 .0 561.100 General Supplies .00 100.00 30.62 .00 .00 69.38 30.6 561.300 Training/Instructional Supplys .00 300.00 290.00 .00 .00 10.00 96.7 591.000 Dues S Subscriptions .00 2,150.00 675.00 500.00 .00 1,475.00 31.4 599.000 miscellaneous .00 1,000.00 1,000.00 .00 ----------------- .00 ----------------- .00 ------ 100.0 ----------------- General Goverment - Council ----------------- .00 ----------------- 29,016.00 ----------------- 8,164.01 1,955.84 .00 20,851.99 28.1 Dept: 410.300 Gen. Govt.- City Administrator 511.000 Wages - Regular Employees .00 42,000.00 17,769.18 3,230.76 .00 24,230.82 42.3 521.000 Group Insurance .00 3,780.00 1,701.51 .00 .00 2,078.49 45.0 522.000 FICA Contributions .00 3,213.00 1,359.27 247.14 .00 1,853.73 42.3 523.000 PERA Contributions .00 1,882.00 796.07 144.74 .00 1,085.93 42.3 526.060 Workers Compensation Insurance .00 231.00 .00 .00 .00 231.00 .0 552.000 Insurance Other than Esp. Bene .00 500.00 .00 .00 .00 500.00 .0 558,000 Travel .00 300.00 .00 .00 .00 300.00 .0 561.100 General Supplies .00 200.00 335.52 .00 .00 -135.52 167.8 561.300 Training/Instructional Supplys .00 300.00 245.00 .00 .00 55.00 81.7 574.300 Capital Outlay-Furnitmre=tttat .00 200.00 .00 .00 .00 200.00 .0 591.000 Dues S Subscriptions .00 300.00 75.00 75.00 .00 225.00 25.0 599.000 Miscellaneous .00 .00 .00 .00 ----------------- .00 ----------------- .00 .0 ------ ----------------- Gen. Govt.- City Administrator ----------------- .00 ----------------- 52,906.00 ----------------- 22,281.55 3,697.64 .00 30,624.45 42.1 Dept: 410.400 Gen. Govt.- City Clerk/Treas. 511.000 Wages - Regular Employees .00 32,240.00 14,172.50 2,596.25 .00 18,067.50 44.0 512.000 Wages - Temporary Emloyees .00 5,600.00 .00 .00 .00 5,600.00 .0 513,000 Wages - Overtime .00 500.00 116.25 116.25 .00 383.75 23.? 521.000 Group Insurance .00 3,780.00 1,701.50 .00 .00 2,078.50 45.0 522,000 FICA Contributions .00 2,933.00 1,084.21 198.62 .00 1,848.79 37.0 523.000 PERA Contributions .00 1,717.00 616.26 116.31 .00 1,100.74 35.9 526.000 Workers Compensation Insurance .00 215.00 .00 .00 .00 215.00 .0 533.300 Accounting .00 .00 .00 .00 .00 .00 .0 533.400 Auditing Services .00 6,300.00 5,000.00 .00 .00 1,300.00 79.4 533.700 Copy Machine Maitenance .00 1,200.00 238.81 .00 .00 961.19 19.9 533.900 Other Prof. Contract Services .00 750.00 .00 .H .00 750.00 .0 543.100 Repairs/Nainteance - Equipt:tx .00 500.00 .00 .00 .00 500.00 .0 544.200 Equipment Rental .00 1,000.00 349.64 90.00 .00 650.36 35.0 552.000 Insurance Other than Esp. Bene .00 3,000.00 .00 .00 .00 3,000.00 .0 558.000 Travel .00 500.00 .00 .00 .00 500.00 .0 561.100 General Supplies .00 3,300.00 955.61 706.25 .00 2,344.39 29.0 561.300 Training/Instructional Supplys .00 300.00 .00 .00 .00 300.00 .0 561,400 Postage .00 1,200.00 412.20 .00 .00 787.80 34.4 574.300 Capital Outlay-Furniture:stt:: .00 200.00 .00 .00 .00 200.00 .0 591.000 Dues S Subscriptions .00 50.00 .00 .00 .00 50.00 .0 REVENUE/EXPENDITURE REPORT Date: 06/06/97 Time: 2:01pm City of Albertville Page: 3 ------------------------------------------------------------------------------------------------------------------------------------------------------------- For the Period: 05/01/97 to 05/31/97 Original Budget Amended Budget Annual Actual Curr nth Encumb Annual Unenc. Balance t Bud ------------------------------------------------------------------------------------------------------------------------------------------------------------- Fund: 101 General Fund Expenditures Dept: 410.400 Gen. Govt.- City Clerk/Treas. 592.000 Elections .00 .00 .00 .00 .00 .00 .0 744.000 Capital Outlay - Office::::::: .00 2,500.00 .00 .00 .00 2,500.00 .0 ------------------------------------------------------------------------------------------------------ ------ Gen. Govt.- City Clerk/Treas. .00 67,785.00 24,646.98 3,823,68 .00 43,138.02 36.4 Dept: 410.550 Gen. Govt.- Assessing 531.100 Assessing Contract Services .00 5,450.00 .00 .00 .00 5,450.00 .0 ------ ----------------- Gen. Govt.- Assessing ----------------- .00 ----------------- 5,450.00 ----------------- .00 ----------------- .00 ----------------- .00 5,450.00 .0 Dept: 410.600 Gen. Govt. - City Attorney 533,500 legal Service: General/Meeting .00 29,000.00 7,212.00 2,131.00 .00 21,788.00 24.9 533.501 Developer Reimbursible .00 .00 1,750.00 125.00 .00 -1,750.00 .0 533.502 Reimbursible - Capital Project .00 .00 2,264.82 .00 .00 -2,264.82 .0 ------ ----------------- Gen. Govt. - City Attorney ----------------- .00 ----------------- 29,000.00 ----------------- 11,226.82 ----------------- 2,256.00 ----------------- .00 17,773.18 38.7 Dept: 410.700 City Engineer 533.100 Engineer: Projects/Meetings .00 24,000.00 3,271.15 1,719.60 .00 20,728.85 13.6 533.101 Reimbursible - Developer .00 .00 7,106.71 .00 .00 -7,106.71 .0 533.102 Reimbursible -Capital Projects .00 .00 1,762.72 .00 .00 -1,762.72 .0 535.100 Contracted Services .00 .00 .00 .00 .00 .00 .0 535.102 delete this account .00 .00 .00 .00 .00 .00 .0 ------ ----------------- City Engineer ----------------- .00 ----------------- 24,000.00 ----------------- 12,140.58 ----------------- 1,719.60 ----------------- .00 11,859.42 50.6 Dept: 410.800 Economic Development Authority 511.000 Wages - Regular Employees .00 500.00 200.00 40.00 .00 300.00 40.0 522.000 FICA Contributions .00 39.00 15.30 3.06 .00 23.70 39.2 558.000 Travel .00 .00 .00 .00 .00 .00 D 561.100 General Supplies 00 .00 .00 .00 .00 .00 .0 561.300 Training/Instructional Supplys .00 100.00 .00 .00 .00 100.00 .0 599.000 Miscellaneous .00 1,885.00 922.13 922.13 .00 962.87 48.9 ------ ----------------- Economic Development Authority ----------------- .00 ----------------- 2,524.00 ----------------- 1,137.43 ----------------- 965.19 ----------------- .00 1,386.57 45.1 Dept: 410.910 Gen. Govt. - Planning & Zoning 511.000 Wages - Regular Employees .00 1,000.00 580.00 120.00 .00 420.00 58.0 522,000 FICA Contributions .00 77.00 45.90 9.18 .00 31.10 59.6 533.600 Planner: City Projects/Meeting .00 15,000.00 11,854.78 2,660.23 .00 3,145.22 79.0 533.601 Reimbursible - Developer .00 .00 3,796.40 1,608.54 .00 -3,796.40 .0 533.602 Reimbursible - Capital Project .00 .00 .00 .00 .00 .00 .0 558.000 Travel .00 500.00 .00 .00 .00 500.00 .0 561.100 General Supplies .00 200.00 47.64 .00 .00 152.36 23.8 561.300 Training/Instructional Supplys .00 500.00 178.00 .00 .00 322.00 ------ 35.6 ----------------- Gen. Govt. - Planning & Zoning ----------------- .00 ----------------- 17,277.00 ----------------- 16,502.72 ----------------- 4,397.95 ----------------- .00 774.28 95.5 Dept: 410.920 Gen. Govt. - Buildings & Plant 542.000 Refuse Disposal .00 600.00 225.37 44.94 .00 374.63 37.6 543.100 Repairs/Mainteance - Equip:::: .00 500.00 318.90 .00 .00 181.10 63.8 543.200 Repairs/Mainteance - Building .00 12,000.00 .00 .00 .00 12,000.00 .0 552.000 Insurance Other than Emp. Bene .00 3,500.00 .00 .00 .00 3,500.00 .0 REVENUE/EXPENDITURE REPORT Date: 06/06/97 Tiie: 2:01pi City of ------------------------------------------------------------------------------------------------------------------------------------------------------------- Albertville Page: 4 For the Period: 05/01/97 to 05/31/97 Original Budget Aeended Budget Annual Actual Curr nth Encunb Annual Unenc. Balance t Bud ------------------------------------------------------------------------------------------------------------------------------------------------------------- Fund: 101 General Fund Expenditures Dept: 410.920 Gen. Govt. - Buildings & Plant 553.000 Telephone .00 2,500.00 1,101.68 234.50 .00 1,398.32 44.1 561.100 General Supplies .00 800.00 285.08 90.77 .00 514.92 35.6 562.100 Natural Gas .00 2,000.00 620.56 57.20 .00 1,379.44 31.0 562.200 Electricity .00 2,500.00 885.08 146.15 .00 1,614.92 35.4 572.000 Capital Outlay - Buildingstttt .00 2,500.00 432.39 .00 .00 2,067.61 17.3 573.000 Capital Outlay/Mon-buildingstt .00 .00 .00 .00 .00 .00 .0 574.100 Capital Outlay-Mach/Equiptnt: .00 500.00 .00 .00 .00 500.00 .0 574.300 Capital Outlay-FurnituremUt .00 200.00 .00 .00 .00 200.00 " .0 599.000 Miscellaneous .00 41.00 210.00 210.00 .00 -169.00 512.2 ------ ----------------- Gen. Govt. - Buildings S Plant .00 ----------------- 27,641.00 ---------------------------------- 4,079.06 ----------------- 783.56 .00 --------------- 23,561.94 14.8 Dept: 421.000 Public Safety - Police 531.200 Police Contract Services .00 62,963.00 31,253.15 5,246.88 ----------------- .00 31,709.85 ----------------- 49.6 ------ ----------------- Public Safety - Police .00 ----------------- 62,963.00 ------------------------------- 31,253.15 -- 5,246.88 .00 31,709.85 49.6 Dept: 422.000 Public Safety - Fire 510.200 lages - Fire Chief .00 600.00 .00 .00 .00 600.00 .0 510.300 Mages - Assistant Fire Chief .00 300.00 .00 .00 .00 300.00 .0 510.400 Fireien's Training Reiiburseot .00 8,250.00 52.50 .00 .00 8,197.50 .6 510.500 Fireien's Medical Training .00 2,250.00 .00 .00 .00 2,250.00 .0 512.000 Gages - Tesporary Eiloyees .00 1,000.00 .00 .00 .00 1,000.00 .0 524.000 Pension Fund Contributions .00 12,171.00 4,500.00 .00 .00 7,671.00 37.0 526.000 Morkers Coipensation Insurance .00 2,850.00 .00 .00 .00 2,850.00 .0 529.001 Fireten Physicalsttutmmit .00 500.00 965.31 .00 .00 -465.31 193.1 529.100 Training/Instruction .00 3,600.00 .00 .00 .00 3,600.00 .0 529.200 EMT Trainingtttutmm mn .00 750.00 805.35 240.00 .00 -55.35 107.4 529.300 First Responders Trainingttm .00 1,000.00 1,525.00 1,300.00 .00 -525.00 152.5 533.410 Audit - Firma's Relief Assoc .00 1,200.00 .00 .00 .00 1,200.00 .0 543.100 Repairs/Mainteance - Equiptttt .00 1,000.00 764.33 387.03 .00 235.67 76.4 552.000 Insurance Other than Esp. Bene .00 .00 .00 .00 .DO .00 .0 553.000 Telephone .00 900.00 201.80 47.63 .00 698.20 22.4 558.000 Travel .00 1,500.00 603.20 .00 .00 896.80 40.2 561,100 General Supplies .00 2,500.00 488.81 5.49 .00 2,011.19 19.6 562,100 Natural Gas .00 1,400.00 1,120.93 87.86 .00 279.07 80.1 562.200 Electricity .00 900.00 345.62 58.76 .00 554.38 38.4 562.600 Gasoline and Oil .00 800.00 234.06 96.02 .00 565.94 29.3 572.000 Capital Outlay - Buildingsttst .00 25,000.00 .00 .00 .00 25,000.00 .0 574.110 C/O - Hosetituutuutttuut .00 1,500.00 .00 .00 .00 1,500.00 .0 574.120 C/O - Turnout Gearuuttttttu .00 2,500.00 1,470.00 1,470.00 .00 1,030.00 58.8 574.130 C/O - Air Packsmittttmm: .00 2,600.00 .00 .00 .00 2,600.00 .0 574.140 C/O - Pagerstmitttttmims .00 1,000.00 .00 .00 .00 1,000.00 .0 574.160 C/O - Toolsttutttutumm: .00 1,000.00 .00 .00 .00 1,000.00 .0 574.200 Capital Outlay - Vehiclesttut .00 30,000.00 .00 .00 .00 30,000.00 0 591.000 Dues S Subscriptions .00 200.00 94.50 .00 .00 105.50 47.3 599.000 Miscellaneous .00 .00 .00 .00 .00 .00 ----------------- .0 ------ ----------------- Public Safety - Fire .00 ----------------- 107,271.00 ---------------------------------- 13,171.41 ----------------- 3,692.79 .00 94,099.59 12.3 Dept: 424.000 Public Safety -Bldg. Inspection 533.200 Bldg. Inspection Contract Sery .00 .00 .00 .00 .00 .00 .0 535.100 Contracted Services .00 .00 9,446.67 .00 .00 -9,446.67 .0 REVENUE/EXPENDITURE REPORT Date: 06/06/97 Tise: 2:01po City of Albertville Page: 5 ------------------------------------------------------------------------------------------------------------------------------------------------------------- For the Period: 05/01/97 to 05/31/97 Original Budget Asended Budget Annual Actual Curr Nth Encusb Annual Unenc. Balance % Bud ------------------------------------------------------------------------------------------------------------------------------------------------------------- Fund: 101 General Fund Expenditures Dept: 424.000 Public Safety -Bldg. Inspection ------------------------------------------------------------------------------------------------------ ------ Public Safety -Bldg. Inspection .00 .00 9,446.67 .00 .00-9,446.67 .0 Dept: 427.000 Public Safety - Anisal Control 535.100 Contracted Services .00 1,750.00 1,242.00 90.00 .00 ----------------- 508.00 71.0 ------ ----------------- Public Safety - Anisal Control ----------------- .00 ----------------- 1,750.00 ----------------- 1,242.00 ----------------- 90.00 .00 508.00 71.0 Dept: 431.000 Public Yorks-Highways,Streets 511.000 Wages - Regular Esployees .00 31,055.00 19,488.07 4,658.81 .00 11,566.93 62.8 512.000 Wages - Tesporary Esloyees .00 8,320.00 .00 .00 .00 8,320.00 .0 513.000 Wages - Overtire .00 500.00 1,175.75 .00 .00 -675.75 235.2 521.000 Group Insurance .00 3,780.00 1,701.54 .00 .00 2,078.46 45.0 522.000 FICA Contributions .00 3,050.00 1,490.85 356.41 .00 1,559.15 48.9 523.000 PERA Contributions .00 1,787.00 641.28 107.02 .00 1,145.72 35.9 526.000 Workers Cospensation Insurance .00 2,471.00 .00 .00 .00 2,471.00 .0 529.000 Other Esployee Benefits .00 9,100.00 .00 .00 .00 9,100.00 .0 533.900 Other Prof. Contract Services .00 .00 .00 .00 .00 .00 .0 543.100 Repairs/Nainteance - Equipu:: .00 7,000.00 1,840.29 477.29 .00 5,159.71 26.3 543.300 Repairs/Naintenace-Paved Roads .00 6,000.00 3,167.74 3,167.74 .00 2,832.26 52.8 543.310 Ice Resoval .00 3,000.00 1,964.72 .00 .00 1,035.28 65.5 543.320 Snow Plowing .00 5,750.00 3,672.88 .00 .00 2,077.12 63.9 543.330 Sand 6 Gravel .00 500.00 458.65 .00 .00 41.35 91.7 543.340 Seal CoatingY::::u::u::::::: .00 8,000.00 .00 .00 .00 8,000.00 .0 543,360 Street Sweeping .00 2,500.00 1,976.00 1,976.00 .00 524.00 79.0 543.400 Repairs/Naintenace-Unpaved Rds .00 6,000.00 .00 .00 .00 6,000.00 .0 553.000 Telephone .00 600.00 367.71 49.11 .00 232.29 61.3 558.000 Travel .00 100.00 .00 .00 .00 100.00 .0 561.100 General Supplies .00 1,500.00 1,007.17 247.18 .00 492.83 67.1 561.300 Training/Instructional Supplys .00 .00 .00 .00 .00 .00 .0 562.100 Natural Gas .00 575.00 373.64 29.29 .00 201.36 65.0 562.200 Electricity .00 300.00 115.22 19.59 .00 184.78 38.4 562.600 Gasoline and Oil .00 1,500.00 1,450.02 214.86 .00 49.98 96.7 572.000 Capital Outlay - Buildingsim .00 7,500.00 .00 .00 .00 7,500.00 .0 574.111 Tractor/loadermm:::::::::: .00 2,000.00 .00 .00 .00 2,000.00 .0 574.170 Street Overlaysent:::::::suss .00 50,000.00 .00 .00 .00 50,000.00 .0 574.180 Street Signsuuuu::::::u:: .00 300.00 123.81 123.81 .00 176.19 41.3 574.211 Nower:u:::::::::uu:uuu:: .00 1,000.00 .00 .00 .00 1,000.00 .0 574.311 Pickup:uuuuu::u::u::::: .00 3,000.00 .00 .00 .00 3,000.00 .0 574.411 Snow Plow=:u:uuuu:::::::: .00 4,000.00 .00 .00 .00 4,000.00 .0 574.511 Hisc. C/O Equipsent::::::::::t .00 2,500.00 686.51 .00 .00 1,813.49 27.5 591,000 Dues S Subscriptions .00 250.00 215.00 .00 .00 ----------------- 35.00 86.0 ------ ----------------- Public Works-Highways,Streets ----------------- .00 ----------------- 173,938.00 ----------------- 41,916.85 ----------------- 11,427.11. .00 132,021.15 24.1 Dept: 431.600 Public Works - Street Lighting 562.200 Electricity .00 27,000.00 10,977.23 2,270.36 .00 16,022.77 40.7 Public Works - Street lighting ------------------------------------------------------------------------------------------------------ ------ .00 27,000.00 10,977.23 2,270.36 .00 16,022.77 40.7 Dept: 432.300 Public works - Recycling 535.100 Contracted Services .00 12,345.00 5,092.4E 1,028.50 .00 7,252.52 41.3 REVENUE/EXPENDITURE REPORT Date: 06/06/97 4 Time: 2:01pt City of Albertville Page: 6 ------------------------------------------------------------------------------------------------------------------------------------------------------------- For the Period: 05/01/97 to 05/31/97 Original Budget Amended Budget Annual Actual Curr Nth Encuib Annual Unenc. Balance % Bud ------------------------------------------------------------------------------------------------------------------------------------------------------------- Fund: 101 General Fund Expenditures Dept: 432.300 Public Works - Recycling Public Works - Recycling Dept: 451.000 Parks and Recreation 511.000 Wages - Regular Employees 521.000 Group Insurance 522.000 FICA Contributions 523.000 PERA Contributions 526.000 Workers Compensation Insurance 542.000 Refuse Disposal 543.100 Repairs/Mainteance - Equipt:t: 544.200 Equipment Rental 552.000 Insurance Other than Etp. Bene 553.000 Telephone 561.100 General Supplies 562.100 Natural Gas 562.200 Electricity 562.600 Gasoline and Oil 572.000 Capital Outlay - Buildings:tt: 573.000 Capital Outlay/Non-buildings:: 574.100 Capital Outlay-Mach/Equip::tt: 599.000 Miscellaneous Parks and Recreation Dept: 455.000 Culture/Recreation 591.000 Dues S Subscriptions 595.000 friendly City Days Donation Culture/Recreation ---------------------------------- .00 ----------------- 12,345.00 ----------------- 5,092.48 ----------------- 1,028.50 ----------------- .00 7,252.52 ------ 41.3 .00 .00 .00 .00 .00 .00 .0 .00 .00 .00 .00 .00 .00 .0 .00 .00 .00 .00 .00 .00 .0 .00 .00 .00 .00 .00 .00 - .0 .00 .00 .00 .00 .00 .00 .0 .00 600.00 225.33 44.13 .00 374.67 37.6 .00 1,500.00 2,966.06 33.90 .00 -1,466.06 197.7 .00 2,500.00 430.78 191.70 .00 2,069.22 17.2 .00 3,300.00 .00 .00 .00 3,300.00 .0 .00 700.00 214.79 82.32 .00 485.21 30.7 .00 800.00 269.64 34.61 .00 530.36 33.7 .00 1,200.00 598.23 16.16 .00 601.77 49.9 .00 2,800.00 1,091.90 114.53 .00 1,708.10 39.0 .00 100.00 6.75 .00 .00 93.25 6.8 .00 1,000.00 .00 .00 .00 1,000.00 .0 .00 2,000.00 2,218.43 .00 .00 -218.43 110.9 .00 1,000.00 .00 .00 .00 1,000.00 .0 .00 3,800.00 2,170.84 ----------------- 1,830.84 ----------------- .00 ----------------- 1,629.16 57.1 ------ ---------------------------------- .00 ----------------- 21, 300. 00 10,192. 75 2,348.99 .00 11,107.25 47.9 .00 750.00 .00 .00 .00 750.00 .0 .00 2,600.00 2,200.00 .00 .00 400.00 84.6 ------ ---------------------------------- .00 ----------------- 3,350.00 --- -------------- 2,200.00 ----------------- .00 ----------------- .00 1,150,00 65.7 Dept: 490.000 Working Capital 590.000 Working Capital Reserve .00 54,380.00 .00 .00 .00 ----------------- 54,380.00 ------ .0 ----------------- Working Capital ----------------- .00 ----------------- 54,380.00 ----------------- .00 ----------------- .00 .00 54,380.00 .0 Dept: 493.100 Operating Transfer Out-GenFund 545.000 Construction Services .00 .00 .00 .00 .00 ----------------- .00 ------ .0 ----------------- Operating Transfer Out-GenFund ----------------- .00 ----------------- .00 ----------------- .00 ----------------- .00 .00 .00 .0 Dept: 499.000 Reserve 500.000 Reserved for Working Capital .00 .00 .00 .00 ----------------- .00 ----------------- .00 .0 ------ ----------------- Reserve ----------------- .00 ----------------- .00 ----------------- .00 .00 .00 .00 .0 ----------------- Expenditures ----------------- .00 ----------------- 719,896.00 ----------------- 225,671.69 ----------------- 45,704.09 ----------------- .00 494,224.31 ------ 31.3 ----------------- General Fund ----------------- .00 ----------------- 719,896.00 ----------------- 225,671.69 ----------------- 45,704.09 ----------------- .00 494,224.31 ------ 31.3 456 RESOLUTION NO. 1997____ -_44 A RESOLUTION DENYING THE REQUEST FOR A REZONING FROM R-1 A TO PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT APPROVAL AS REQUESTED BY PILOT LAND DEVELOPMENT CO. FOR THE CENTER OAKS PROPERTY WHEREAS, the City of Albertville is a municipal corporation, organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Albertville has adopted Ordinance 1988-12 to promote the orderly, economic and safe development and utilization of land within the city: and WHEREAS, Pilot Land Development Co. has made application for rezoning of the Center Oaks property from R-1A, Low Density Single Family to Planned Unit Development; and WHEREAS, landowners also made application for preliminary plat approval; and WHEREAS, the property is legally described as: The south 30 acres of the Northeast Quarter of Section 2, Township 120, Range 24, and known and described as Lot 2 of said Northeast Quarter, as per plat of record, and also the Northwest Quarter of Southeast Quarter of Section 2, Township 120, Range 24, Wright County, Minnesota - WHEREAS, the proposed rezoning requires the Planning Commission and City Council to consider the impacts of that adjustment; and WHEREAS, the Albertville Planning Commission reviewed the application and conducted a public hearing relative to the application on 13 May 1997 and voted 4-0 to recommend approval of the application: and WHEREAS, the Albertville City Council reviewed the application information and Planning Commission recommendations at their meeting on 3 June 1997; and WHEREAS, the Albertville City Council hereby makes the following findings of fact: 1. The property is currently zoned R-1A, Low Density Single Family'which would allow or the development of 15,000 square foot lots with a minimum frontage of 100 feet. 2. Development of the property for residential use would be allowed with the current zoning. 3. The 1996 Comprehensive Plan guides the property for low density residential development which would include the R-1A zoning classification. 4. The requested rezoning is not in keeping with the R-1A zone as it would allow some lots below the 15,000 square foot lot size and numerous lots without the required 100 foot lot width (and varied front setback distances); and RESOLUTION NO. 1997_31, PILOT LAND DEVELOPMENT COMPANY - CENTER OAKS 10 JUNE 1997 PAGE 2 5. The proposed project would increase the overall density of the site beyond that which would result under the R-1A zoning designation. 6. The benefits of the "coving design" are untested and may not outweigh the negative aspects such as reduced lot widths, limited rear yard areas, and deviation from standard house placement. 7. The project does not create a development pattern in harmony with the objectives of the Comprehensive Plan. 8. The project is not tied to the golf course as was originally represented by the developer, and therefore deviation is not warranted from R-1 A standards. 9. The project is in opposition to the Planned Unit Development process which requires approval of a concept plan for the entire parcel/project area. 10. Environmental concerns of drainage to property immediately abutting the project to the south must be further investigated and resolved as it relates to water runoff into the private drainage ditch in this location. NOW, THEREFORE, BE 1T RESOLVED, that the City Council of the City of Albertville hereby denies the requested rezoning and preliminary plat approval based upon the above listed findings of fact; This resolution was adopted by the City Council of the City of Albertville on the 17th day of June 1997, by a vote of Ayes and Nays. Mayor Mark Olsen ATTEST: Linda Houghton, City Clerk 11164� RESOLUTION NO. 1997-35 A RESOLUTION DENYING THE REQUEST FOR A REZONING FROM R-1A TO PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT APPROVAL AS REQUESTED BY PILOT LAND DEVELOPMENT CO. FOR THE CEDAR CREEK NORTH PROJECT WHEREAS, the City of Albertville is a municipal corporation, organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Albertville has adopted Ordinance 1988-12 to promote the orderly, economic and safe development and utilization of land within the city: and WHEREAS, Pilot Land Development Co. has made application for rezoning of the Cedar Creek North project from R-1A, Low Density Single Family to Planned Unit Development; and WHEREAS, landowners also made application for preliminary plat approval; and WHEREAS, the property is legally described as: The West Half of the Southwest Quarter of Section 35, 'township 121, Range 24, Wright County, Minnesota, except therefrom the following described tract: Commencing at the northwest comer of said South Half of the West Half of the Southwest Quarter; thence south along the west line thereof 208.75 feet to the point of beginning of the parcel to be described herein; thence continue south along said west line 208.75 feet to a point; thence east at right angles 208.75 feet to a point; thence north parallel to the west line of said South Half of West Half 208.75 feet to a point; thence west to the point of beginning. Containing 1.0 acre more or less. WHEREAS, the proposed rezoning requires the Planning Commission and City Council to consider the impacts of that adjustment; and WHEREAS, the Albertville Planning Commission reviewed the application and conducted a public hearing relative to the application on 13 May 1997 and voted 4-0 to recommend approval of the application: and WHEREAS, the Albertville City Council reviewed the application 'information and Planning Commission recommendations at their meeting on 3 June 1997; and WHEREAS, the Albertville City Council hereby makes the following findings of fact: The property is currently zoned R-1A, Low Density Single Family which would allow for the development of 15,000 square foot lots with a minimum frontage of 100 feet. 2. Development of the property for residential use would be allowed with the current zoning. 3. The 1996 Comprehensive Plan guides the property for low density residential development which would include the R-1A zoning classification. RESOLUTION NO. 1997-35 PILOT LAND DEVELOPMENT COMPANY - CEDAR CREEK NORTH 10 JUNE 1997 PAGE 2 4. The requested rezoning is not in keeping with the R-1A zone as it would allow some lots below the 15,000 square foot lot size and numerous lots without the required 100 foot lot width (and varied front setback distances); and 5. The proposed project would increase the overall density of the site beyond that which would result under the R-1A zoning designation. 6. The benefits of the "coving design" are untested and may not outweigh the negative aspects such as reduced lot widths, limited rear yard areas, and deviation from standard house placement. 7. The project does not create a development pattern in harmony with the objectives of the Comprehensive Plan. 8. The project stands alone without commitment, design or funding details of a golf course, and therefore deviation is not warranted from R-1A standards. 9. The project is in opposition to the Planned Unit Development process which requires approval of a concept plan for the entire parcel/project area. 10. The Kadler Avenue issue needs to be resolved regarding the vacation of said street and agreement with neighboring communities as well as the size/configuration of lots which back up to such right-of-way. NOW, THEREFORE, BE 1T RESOLVED, that the City Council of the City of Albertville hereby denies the requested rezoning and preliminary plat approval based upon the above listed findings of fact; This resolution was adopted by the City Council of the City of Albertville on the 17th day of June 1997, by a vote of Ayes and Nays. Mayor Mark Olsen ATTEST: Linda Houghton, City Clerk PLANNING & ZONING C OMI SS ION June 10, 1997 Albertville City Hall 7:00 PM PRESENT: Chair Donatus Vetsch, Commissioners Carolyn Bauer, Jim Brown, Howard Larson, and Dan Robertus, Zoning Administrator Garrison Hale, and City Planner Liz Stockman Chair Vetsch..convened the regular meeting at 7:00 PM. Moved by Larson, supported by Brown, to adopt the agenda as presented with amendment for Zoning Administrator comments. All voted aye. Discussion was held by the Commission on election of a chair and vice chair. Moved by Robertus, supported by Bauer, to elect Larson as Chair of the Planning Commission. All voted aye. Moved by Larson, supported by Brown, to elect Vetsch as Vice Chair of the Planning Commission. All voted aye. Chair Larson took the gavel. Moved by Vetsch, supported by Robertus, to approve the minutes of May 13, 1997, as amended. All voted aye. Moved by Brown, supported by Bauer, to approve the minutes of May 13, 1997 as presented. All voted aye. Moved by Brown, supported by Vetsch, to approve the minutes of May 27, 1997, with addition of Commissioner Brown's comments. All voted aye. Planner Stockman opened with discussion on Parkside Commercial Park Conditional Use Permit (CUP). The Commissioner went through the planning report and considered what changes they may desire. Moved by Brown, supported by Robertus, to open the public hearing on the Preliminary and Final Plat for Parkside Commercial Center at 8:10 PM. All voted aye. Don Jensen of Pilot Land Development discussed trail and credits related to construction. Also, Mr. Jensen provided drawings for the building elevation and floor layout. Desire to open by October 1997. Possible brand is Conoco. Moved by Robertus, supported by Vetsch, to close the Preliminary and Final Plat public hearing at 8:24 PM. All voted aye. PLANNING & ZONING COMMISSION June 10, 1997 Page 2 of 3 Moved by Brown, supported by Robertus, to recommend .the Preliminary Plat for Parkside Commercial Center to the City Council, incorporating the Findings of Fact and Recommendations dated June 10, 1997, NAC memo dated and SEH memo dated All voted aye. Moved by Brown, supported by Robertus, to table the Final Plat for Parkside Commercial Center for Council approval and the Findings of Fact have been processed. All voted aye. Chair Larson discussed the Conditional Use Permit. Moved by Vetsch, supported by Robertus, to open the public hearing at 8:32 PM on the Parkside Commercial Park Conditional use Permit. All voted aye. There were no comments from the audience or the Commissioners. Moved by Robertus, supported by Brown, to close the public hearing at 8:34 PM. All voted aye. Moved by Bauer, supported by Vetsch, to recommend to the Council a Conditional Use Permit for the Parkside Commercial Park for a gas station/car wash. All voted aye. Moved by Vetsch, supported by Brown, to recommend the site plan review for the Parkside Commercial Center to the Council contingent upon final plat approval and a developer's agreement. All voted aye. Chair Larson moved to Vetsch Custom Cabinets. Moved by Robertus, supported by Brown to open public hearing on Vetsch Custom Cabinets at 8:36 PM for Preliminary and Final Plat consideration. All voted aye. Stockman discussed the Vetsch Custom Cabinets. She stated the preliminary and final plats look good. She further added that the Vetsches would need a conditional use permit for multiple entrances if it is to be leased for other businesses. Commissioner Brown concerned about front facia, soil corrections, and screening, but indicated he wants the project to move forward. The Commission reviewed a list of items for the project. Key items were parking, multiple tenants, types of .material on building in addition to metal, variance of five feet, location of screening and aesthetic values. Moved by Robertus, supported by Bauer, to close the public hearing at 9:09 PM. All voted aye. Chair Larson discussed project approval. PLANNING & ZONING COMMISSION June 10, 1997 Page 3 of 3 Moved by Robertus, supported by Bauer, to recommend tot he City Council Preliminary and Final Plat approval for Vetsch Commercial Park and ; five foot front yard setback as a "minor variance"; and site plan approval for Vetsch Custom Cabinets incorporating the Findings of Fact and Recommendations dated June 10, 1997, NAC memo dated June 5, 1997, and SEH memo dated All voted aye. Commissioner Vetsch returned to the meeting at 9:18 PM. Chair Larson moved to Residential Homes - Performance Standards. City Planner Stockman discussed lot size and other performance standards. A need may exist for a zoning ordinance review and possible updated amendment. Stockman updated the city of adult uses. Commissioners discussed present city boundaries and federal law. A full review may be needed. Ordinance Section 2800-1. Moved by Robertus, supported by Vetsch, to adjourn the meeting at 9:38 PM. All voted aye. Howard Larson, Chair Garrison Hale, Zoning Admin. JUN-11-199" 16:29 NAC CITY OF ALBERTVILLE Applicant's Name: Vetsch Cabinets 612 595 98 4/09 -11-97 '' 44 /0ej City Council Findings of Fact & Decision Request: Vetsch Cabinets has submitted plans for development of a new shop and office facility within the City. The site is located between Barthel Drive and the railroad adjacent to Eull Concrete. The property was filled in previous years and requires extensive soil corrections in order to accommodate the proposed facility. The City offered the land to the Vetsch's at a reasonable rate as a means of keeping their business in town and knowing that soil corrections would be necessary. The request involves approval of a preliminary plat to split the two (2) acre lot from a larger piece of land. Given the wetland limitations of the site, the Vetsch's are requesting a five (5) foot minor variance from the front setback requirement to allow them additional space at the rear of the building for loading, saw dust collection, and refuse storage. The property is zoned 1-1, Light Industrial. The proposal also involves the provision of offices unrelated to the cabinet operation which will be leased to Boudry Insurance and possible one other tenant. To accomplish this, a Conditional Use Permit will be required. City Council Meeting Date: 17 June 1997 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following findings of fact and decision: 1) The legal description of the subject property is as follows: (see attached) 2) The Planning Report dated 5 June 1997, prepared by NAC, Inc. is incorporated herein. 3) On 10 June 1997 the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a published and mailed notice. Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council approve the project. Decision: Based on the foregoing considerations and applicable ordinances, the applicant's request for preliminary and final plat approval and a five (5) foot setback variance has been approved based on the most current plans and information received to date, subject to the following conditions: 1. A public hearing is held and a Conditional Use Permit is approved to allow the owner to lease office space unrelated to the cabinet business. 2. The number of parking spaces on site is increased to twenty-six (26) and the parking area is reconfigured to meet the stall length requirement of 20 feet. 3. Curbing is provided around the perimeter of the parking area unless the City Engineer waives such requirement to accommodate on -site drainage. JUN-11-1997 16.30 NAC 612 595 9837 P.05i09 4. The amount of wall space on the exterior of the building constructed of metal is limited to 75 percent of the total wall area and 75 percent of the front and right elevations which face public rights -of -way. 5. Detailed signage plans are submitted for review and approval by the City Planner which show that all signing and informational or visual communication devices shall be in compliance with the City's Sign Ordinance as indicated herein. 6. The City Engineer reviews and approves all grading, drainage, erosion control and utility issues and plans are submitted to him at the earliest feasible date. 7. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way. 8. All areas disturbed during construction shall be seeded or sodded at the earliest feasible date to prevent soil erosion. g. If landscaping is to be provided in those areas adjacent to Barthel Drive, the future location of an eight (8) foot trail to be located five (5) feet back from the curb is taken into consideration so as the two do not interfere with one another. 4414f 10 The outside storage of materials, equipment and inventory shall be prohibited on the C17subject pro within front or side yard areas unless otherwise permitted by Conditional Use Per i 40". Park dedication requirements are satisfied with a cash payment equal to five (5) percent of the City's calculated fair market value of the property. 12. Soil corrections performed on site are documented and approved by the City Building Inspector and/or City Engineer. Adopted by the Albertville City Council this 17th day of June 1997. Attest: City of Albertville By: Mark Olsen, Mayor Linda Houghton, City Clerk pc: Gary Hale, Linda Houghton, Mike Couri, Pete Carlson, Dave and Jean Vetsch 2 JUN-11-1997 16:27 NAr 612 595 9837 P.02i09 CITY OF ALBERTVILLE Applicant's Name: Vetggh Cabinets 6-11-97 Planning Commission Findings of Fact & Recommendation Request: Vetsch Cabinets has submitted plans for development of a new shop and office facility within the City. The site is located between Barthel Drive and the railroad adjacent to Eull Concrete. The property was filled in previous years and requires extensive soil corrections in order to accommodate the proposed facility. The City offered the land to the Vetsch's at a reasonable rate as a means of keeping their business in town and knowing that soil corrections would be necessary. The request involves approval of a preliminary plat to split the two (2) acre lot from a larger piece of land. Given the wetland limitations of the site, the Vetsch's are requesting a five (5) foot minor variance from the front setback requirement to allow them additional space at the rear of the building for loading, saw dust collection, and refuse storage. The property is zoned I-1, Light Industrial. The proposal also involves the provision of offices unrelated to the cabinet operation which will be leased to Boudry Insurance and possible one other tenant. To accomplish this, a Conditional Use Permit will be required. Planning Commission Meeting Date: 10 June 1997 Findings of Fact: Based on review of the application and evidence received, the Planning Commission now makes the following findings of fact and recommendation: 1) The legal description of the subject property is as follows: (see attached) 2) The Planning deport dated 5 June 1997, prepared by NAC, Inc. is incorporated herein. Recommendation: Based on the foregoing considerations and applicable ordinances, the applicant's request for preliminary and final plat approval and a five (5) foot setback variance has been approved based on the most current plans and information received to date, subject to the following conditions: 1. A public hearing is held and a Conditional Use Permit is approved to allow the owner to lease office space unrelated to the cabinet business. 2. The number of parking spaces on site is increased to twenty-six (26) and the parking area is reconfigured to meet the stall length requirement of 20 feet. 3. Curbing is provided around the perimeter of the parking area unless the City Engineer waives such requirement to accommodate on -site drainage. 4. The amount of wall space on the exterior of the building constructed of metal is limited to 75 percent of the total wall area and 75 percent of the front and right elevations which face public rights -of -way. JUN-11-1997 16:28 NAC 612 595 9837 P.03i09 5. Detailed signage plans are submitted for review and approval by the City Planner which show that all signing and informational or visual communication devices shall be in compliance with the City's Sign Ordinance as indicated herein. 6. The City Engineer reviews and approves all grading, drainage, erosion control and utility issues and plans are submitted to him at the earliest feasible date. 7. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way. 8. All areas disturbed during construction shall be seeded or sodded at the earliest feasible date to prevent soil erosion. 9. If landscaping is to be provided in those areas adjacent to Barthel Drive, the future location of an eight (8) foot trail to be located five (5) feet back from the curb is taken into consideration so as the two do not interfere with one another. 10. The outside storage of materials, equipment and inventory shall be prohibited on the subject property within front or side yard areas unless otherwise permitted by Conditional Use Permit. Park dedication requirements are satisfied with a cash payment equal to five (5) percent of the City's calculated fair market value of the property. 12. Soil corrections performed on site are documented and approved by the City Building Inspector and/or City Engineer. Adopted by the Albertville Planning Commission this 10th day of June 1997. Attest: City of Albertville By: Howard Larson, Chairman Linda Houghton, City Clerk pc: Gary Hale, Linda Houghton, Pete Carlson, Mike Couri, Dave and Jean Vetsch 2 JUN-11-1997 16:30 NFC 612 595 9837 P.06/09 4,0 sd a C+ o w `" . 0 v5 •" • t�y Q O p >. -o O- L' O r+. to A u Ca �Y e� j 0 cva y4-1 Cd 41 :c � L) �•. � • � u °a � cr. b o 'x .d "4 O as fj - 0 • 41-J o w ee �+ 4.o d all 'n -ia -a .� ' 'O p ai y., u o O O �; O .fl cv J41 Z ro, ..� t4 y o 'fie r y� .Owo u :,a cv Y O cl Y . � O qu AD w 407 c� O.4 Q x Q O e O ,i� 61 •. 1, �+ V to'1. ++ . r Q� W tom-, o V X oo ri r 0 4j C+ rt oo x O 5 W 4.j 41 o %6.4 0 bj w Ce p O u .Z IV0 w �, w m u ' � u � y6W ..� G, � da O O Ln L.PO Q �+ ��, t' cd y dJ ; �' 12 ba f Q C a�i , rA bA p O O �+-� O �+ "c� as bD �°, 4u 4- a `T Ai 11 I-M o S` �� NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH 1. PLANNING REPORT TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Elizabeth Stockman DATE: 5 June 1997 RE: Albertville - Vetsch Site Plan Review and Variance FILE: 163.06 - 96.14 BACKGROUND Vetsch Cabinets has submitted plans for development of a new shop and office facility within the City. The site is located between Barthel Drive and the railroad adjacent to Eull Concrete. The property was filled in previous years and requires extensive soil corrections in order to accommodate the proposed facility. The City offered the land to the Vetsch's at a reasonable rate as a means of keeping their business in town and knowing that soil corrections would be necessary. The request involves approval of a preliminary plat to split the two '(2) acre lot from a larger piece of land. Given the wetland limitations of the site, the Vetsch's are requesting a five (5) foot minor variance from the front setback requirement to allow them additional space at the rear of the building for. loading, saw dust collection, and refuse storage. The property is zoned 1-1, Light Industrial. The proposal also involves the provision of offices unrelated to the cabinet operation which will be leased to Boudry Insurance and possible one other tenant. To accomplish this, a Conditional Use Permit will be required. Attached for reference: Exhibit A - Site Location Exhibit B - Site Survey Exhibit C - Topography Exhibit D - Site Plan Exhibit E - Enlarged Site Plan Exhibit F - Building Floor Plan Exhibit G - Building Elevations 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 EXECUTIVE SUMMARY Recommendation The requested approval of a variance to accommodate the loading, dust collection and refuse container requires that the City Council consider the application in relation to established zoning ordinance review criteria and Comprehensive Plan policies. The decision to approve or deny the requested variance is viewed as a policy decision to be made by the City Council. Should they find the submitted plans acceptable, it is recommended that the following conditions be imposed: A preliminary and final plat are submitted to the City Council for review and approval. 2. A Conditional Use Permit is approved to allow the owner to lease office space unrelated to the cabinet business. 3. The number of parking spaces on site is increased to twenty-six (26) and the parking area is reconfigured to meet the stall length requirement of 20 feet. 4. Curbing is provided around the perimeter of the parking area unless the City Engineer waives such requirement to accommodate on -site drainage. 5. The amount of wall space on the exterior of the building constructed of metal is limited to 75 percent of the total wall area and 75 percent of the front and right elevations which face public rights -of -way. 6. Detailed signage plans are submitted for review and approval by the City Planner which show that all signing and informational or visual communication devices shall be in compliance with the City's Sign Ordinance as indicated herein. 7. The City Engineer reviews and approves all grading, drainage, erosion control and utility issues and plans are submitted to him at the earliest feasible date. 8. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way. 9. All areas disturbed during construction shall be seeded or sodded at the earliest feasible date to prevent soil erosion. 10. The City Council makes a determination on the need for landscaping at the entrances to the building and along a portion of the front and right elevations to increase its aesthetic value. 11. The outside storage of materials, equipment and inventory shall be prohibited on the subject property within front or side yard areas unless otherwise permitted by Conditional Use Permit. Vetsch Report - Page 2 12. All required plans and those which require revisions shall be submitted to the City and reviewed by the City Planner and City Engineer prior to City Council consideration of the project. Issues Analysis Zoning. The property is zoned 1-1, Light Industrial which allows the manufacturing and assembly of products as a permitted use. As such, the following minimum lot area, setback, height and coverage requirements apply: Lot Area: Lot Width: Setbacks (front): (side -interior): (side -corner): (rear): Building Height Maximum: Maximum Lot Coverage for Structures: Hard Surface Including Buildings: None 100 feet 35 feet 10 feet 35 feet 20 feet 35 feet 30 percent of lot area 85 percent of lot area The Vetsch plans are in conformance with all requirements as outlined above, with the exception of the front yard setback desired at 30 feet. In considering all requests for a variance and in taking subsequent action, the City Council shall make a finding of fact that the proposed action will not: Impair an adequate supply of light and air to adjacent property 2. Unreasonably increase congestion in the public street 3. Increase the danger of fire or endanger the public safety 4. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Chapter. 5. Violate the intent and purpose of the Comprehensive Plan 6. Violate any of the following terms or conditions. A variance will not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure or building involved. b. Literal interpretation of the provisions of the Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter, or deny the applicant the ability to put the property in question to reasonable use. C. The special conditions and circumstances causing the undue hardship do not result from actions of the applicant. Vetsch Report - Page 3 d. Granting the variance requested will not confer on the applicant any special privilege that is denied to other lands, structures or buildings in the same district. e. The request is not a use variance. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. Conditional Use Permit. A Conditional Use Permit is required to allow offices unrelated to the cabinet business which are not otherwise allowed within the 1-1 District. The City Council shall consider the possible adverse effects of the proposed use and their judgement shall be based upon but not limited to the following factors: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b. The proposed use is or will be compatible with present and future land uses of the area. C. The proposed use conforms with all Zoning Ordinance performance standards contained herein. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Traffic generated by the proposed use is within capabilities of streets serving the property. Circulation. Parking and Loading. The proposed plans show one 22 foot curb cut to access the parking and loading areas. This is in conformance with the maximum allowable curb cut width of 24 feet. The following parking requirements apply to the proposed development: Office Area (2,160 sf @ 1 /200 sf) 11 spaces Storage/Manuf. (7,264 sf @ 1 /500) 15 spaces TOTAL SPACES REQUIRED: 26 The submitted site plan shows 19 parking spaces, seven (7) short of the required total. The site plan must be revised to show the required number of parking spaces. It is recommended that the main drive lane area be reduced in width and the center block of spaces shifted to the west to allow for another row of stalls along the eastern border of the blacktopped area. The parking stalls shall also be shown at the proper length of 20 feet, rather than eighteen. Finally, curbing has not been provided around the perimeter of the parking area. While this requirement may be waived by the City Engineer if necessary for drainage purposes, utility plans are needed to show how storm water flow will be controlled and must be submitted at the earliest feasible date for review and approval by the City Engineer. Two loading areas have been provided on site as required by the Zoning Ordinance. They are appropriately located at the -rear of the facility, furthest from the street. Vetsch Report - Page 4 Building Type and Construction. The proposed building is to be constructed of 29 gauge steel with a portion faced in brick. The Zoning Ordinance requires,that metal buildings within the 1-1 District be limited to not more than seventy-five (75) percent of the total wall -area of all walls as well as seventy-five (75) percent of the wall areas which face public rights -of -way. Elevation Total Wall Area 25% Non -Metal Required Non -Metal Provided Front (east -street) 1,334sf 333 sf 249 sf Left (south) 2,799 sf NA 168 sf Right (north -street) 2,893 sf 723 sf 154 sf Rear (west) 2,562 sf NA 0 TOTAL 9,588 sf 2,397 sf 571 sf The Vetsch building does not conform with the exterior material requirement indicated and must provide an additional 1,826 square feet of non-metal surface overall. Furthermore, the front and right elevations must each contain additional non-metal surfaces as indicated. The City Building Inspector shall review and approve the building materials and construction standards. i na e. A detailed sign plan has not been submitted as required, however, the general area of the ground sign location has been noted. Detailed sign plans should be submitted which identify the business name, location, sizes, colors, heights, lighting and materials of desired signs. Because of the multiple businesses which are to be located in the building, the plan must establish general requirements for the overall building to which tenants must conform. The City Planner may be contacted regarding specific requirements and shall review and approve the required plans. Grading, Drainage, Erosion Control and Utilities. Plans which have been received do not address grading, drainage, erosion control and utility connections. These plans must be submitted to the City Engineer for review and approval. One issue which needs to be addressed by the City Engineer is the storm water runoff coming from the paved areas on site. The plan indicates that runoff will be directed to a catch basin on the southeast side of the site, however, details have not been provided which indicate exactly how the water will be controlled. Lighting. Decorative lighting has been indicated on plans near the doors which face the street, while security lighting has been shown at other entrances. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way. Landscapino. The submitted plans do not address landscaping on site. It is expected that all areas disturbed during construction shall be seeded or sodded at the earliest feasible date to prevent soil erosion. It is also recommended that a three to five foot area be left along at least a portion of the front and right elevations to allow for the planting of shrubs. Vetsch Report - Page 5 CONCLUSION The proposed office/industrial development is in conformance with the majority of Zoning and Subdivision Ordinance criteria, however, there are several outstanding issues to resolve. We are confident that the site is capable of accommodating the desired facility with the changes recommended, however, the decision to approve or deny the necessary variance and Conditional Use Permit is viewed as a policy decision to be made by the City Council. The Executive Summary of this report outlines recommended conditions of approval should the decisions be made in favor of the variance and Conditional Use Permit. pc: Gary Hale Linda Houghton Mike Couri Pete Carlson Dave and Jean Vetsch Vetsch Report - Page 6 CITY OF ALBERTVILLE OFFICIAL ZONING MAP ❑ ❑ A-1, Agricultural Rural ❑ RA Residential High Density Z 'B-W, Business Warehouse ❑ A-2, Agricultural Transitional ❑ R-7, Special Purpose High Density __ 1-1, Light Industrial ❑ R-1A, Low Density Single Family ❑ R-8, Mixed Housing ❑ I-1A, Limited Industrial R-1, Single Family ❑ R-MH, Manufactured Housing Residential ❑ 1-2, General Industrial R-2, Single & Two Family B-1, Neighborhood Business ❑ PUD, Planned Unit Development 0 R-3, Single & Two -Family ❑ B-2, Limited Business ❑ P/l, Public/Institutional ❑ R4, Low Density Multiple Family ❑ B-3, Highway Commercial ❑_ S, Shoreland Overlay R-5, Medium Density Multiple Family ❑ BA General Business JI W, Wetland Overlay N 12-3-96 EXHIBIT A. JUN-04-97 WED 11:20 MEYER—ROHLIN, INC. 612 682 9492 P. 01 3+ Q� � 7• q aaS . co E� .++i. ark „ i "i a ° lip. 1 a e� I A tx _ c)a s� , �1 � r y m d •� o pp 2t x n � � r m Qn Z tQ 1n _ tL � e EXHIBIT E JUN-04-97 WED 11:21 MEYER—ROHLIN, INC. 612 682 9492 P.O2 17 �, / �.• e `y t l t) L W N U C. a• i%'�` V i p U b 1. Y! G C+ f: G C b v Y d N. f. •• �• L a .9 W t i) t. q J• .. A N O Ot F. d 'r. 1. 3 .• 1. .i.' •. •.. A L t, , �u U. nt �iir.u.d Q v... L' Y .� a. +o is O t, %t. r, Yri k �r. ): ., bk) a n m i, to �I L. y y L. X, T .w O r. .' 0 0 N C a p W n ,• A ) Y �. G•, G r, . L o � �.. j 4 yt U �• •�,. G.0 U V :, 1. y p ., �0 O 4 1. A c 7+ C N L ",C •J d a �W J+ Gyy c .. +, G A�. J. :. t L r'+) ICEy 4 O 4 aGp 41 / . �, t O C: ✓ �.. n :3 O t: i. Y C u v Y 0 •. G r. -, L C �a,A.301.A 0'2O O At7 I Al: tG0' Ot j v C L. .t. U'CF i 0 ;i u L V �• 3Nt 'O ., v u 0!' C OG)t�U,: a '�'vIG Q.4 inu -0OL a N d t. r C A'L. F 6 U r t0 L t•) .� .. W •, L• J1 ,C .., t, . p, n 7 " G L JI ., G x p t, L <, V... 0 G „ Jt N O L .0 C O 1. ! •C y "L SL.C••✓i,M +JgCN O„p. y.0 Cuw • y r. N 3 _. L y1 U 0 fl 6 G to A V4, O O C I �� /..9• y�S.a�.. 'ty'O.,�n •�UG�':iJ«.DNGC+f C'A�a�i �•Yu p'A N TN JtM Au e C +Z �v0. :. C. O t 0 b+ L C y'^a 4 j i• r. t V ;' G tT•_ tV ', ,, V Oa - N Ct L "� h V 9 ^� L i1 V! oN>o:.✓icy°�crya;° �it`'��?;L`� �� � •.L.''L y:+,. psi. ry .� 9 t, .. t. (A't C / Y a. JI •i A .tl ai O . P. L. vi * / /.(c y pry G L. r • . • .. '� IS, // ,%'^ .'�. •..•.• \ !. y ;e „ t <, r. :. L C. y is try t+ G d L a: W / / /Y \ '.� .,. ..y \• { . C •:1 •.. O i. — : N • t a. ti C t • .. i± fir: e�,kl� � � � F• , v::2 «.. .. ., Z) p.:.i i T) «. p .0 O v, a, M O T> in 1 ' , ut �j • � / c 11 'o • L o � ii \ liP �•\s� b�+ ry ya: '� + ' _ \\ �i .� ems. •� , � m r '�• / ,' � b?: oil °id \ a •• a ' I ia jz- st 6 'ICE m k^ -FJ/ Y •P �ioN r o q n \ f EXHIBIT C x �. 0 0 Lu w w w sLU is U Q. LLJ uj Q---- J a a[xr EXHIBIT D 4 tQ a U IS ^ Q 1 I y�v 2 O y.�e J w A \ Q Zo�-�d0 �oY b' Q 'Q- e �h 30 SETBACK O , c m 1',a7NV o doHS m o z ti a'tk y w w w 3SJ K � ik I v 4, EXHIBIT E i 9-- Girl] . ki 4 I � ----------I 1 li� 4 y I - �' '----------1 iDOG Ai7r -------- I ` --------- LLI>: LL i 2 Q O HQ T JYMr 3LF1t A- ----- ---- gs I 1 I �1 4 irPYID .r•.pf .. U i371r .LC, iisr.ri, :a�a 1 — A-.1r 1 IT Ow �yULL.W.! EXHIBIT F sr owe e rollmlow r-r mcc aax¢ar >t i RIGHT ELEVATION SCALE "2'- r-O' cv r LEFT ELEVATION SCALE 3/37'- P-O' REAR ELEVATION SCALE 31321 r-O' FRONT ELEVATFO.\ SCALE 31321 r-C' EXHIBIT G 1 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Applicant's Name: Steve Feneis. Cottages of Albertville Request: Cottage Builders, Inc. has submitted a preliminary plat and site plans for the development of 36 owner occupied attached single family quad -homes and 44 renter occupied town homes. The land is currently owned by Kenco and is proposed to be subdivided into 2 base lots (one for owner occupied and one for renter occupied), with the owner occupied base lot further divided into 36 unit lots to permit individual ownership. Four outlots have also been created to allow for street construction and the future expansion of 20 owner occupied units. The property is currently zoned a combination of B-3, Highway Commercial and R-1 A, Low Density Single Family. The applicants propose to rezone the property to Planned Unit Development. The Comprehensive Land Use Plan designates the owner occupied portion of the subject property commercialtmedium density residential while the remainder is shown as low density residential. An amendment to the Comprehensive Plan is necessary to allow the medium density development. City Council Meeting Date: 3 June 1997 Findings of Fact: Based on review of the application, evidence received, and recommendation of the Planning Commission, the City Council now makes the following findings of fact and decision: 1 } The legal description of the subject property is as follows: OutlotA, PadWde Third Addition, according to the plat thereof, on file and of record in the Office of the County Recorder, Wright County, Minnesota. That part of the Northeast Quarter of Section 2, Township 120 North, Range 24 West, Wright o County, Minnesota, that lies south of Parkside Third Addition,*a duly recorded plat, on file and of record in the Office of the County Recorder, right County, Minnesota, and easterly of the southerly extension of the westerly right of way line of Kalland Avenue as dedicated in said Parkside Third Addition. Less and except that part platted as Wright County Highway Right of Way Plat Number 3©. 2) The Planning Report dated 1 April 1997, prepared by NAC, Inc. and the Memorandums prepared by SEH dated 27 March and 7 April 1997, and the Memorandum prepared by Michael Couri dated 7 April 1997 are incorporated herein. 3) On 8 April 1997 the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a published and mailed notice. On 29 April 1997 the Planning Commission discussed the trail location in relation to CSAH 19 and the proposed development. Upon review of the application and evidence received, the Planning Commission recommended that the City Council approve the project. Decision: Based on the foregoing considerations and applicable ordinances, the applicant's request for Preliminary and Final Plat Ap roval and Site Plan Review has been approved based on the most current plans and information received to date, subject to the following conditions: 1. An amendment is approved to the City's Comprehensive Plan which permits the designation of commercial and low density residential uses to medium density. 2. Rezoning of the subject property is approved from B-3, Highway Commercial and R-1 A, Low Density Residential to Planned Unit Development, pending completion and approval of other project components by the City Attorney including but not limited to: Comprehensive Plan amendment, TIF district set up (rental only), special qualification as a housing district under state law, developer's agreement, protective covenants/association agreement, deed restrictions (owner occupied), and a rental agreement. The 22 foot driveway within the center of the rental community is revised to be 24 feet wide. The plans are reviewed and approved by the City Fire Chief in regard to overall accessibility and safety, and specifically in regard to street width and turning radius. Off-street parking spaces are provided on the southern end of the owner occupied portion of the development. 6. Kalland Avenue is extended to the boundaries of the development and is constructed -to allow for the second access into the rental community to be installed with the first phase of construction. 7. Wright County approves the proposed project with regard to the amount of right -of; -way dedication and the naming of streets. r8' The vegetative species proposed are expanded to provide more of a variety of species to be used throughout the development to detract from the repetition of the structures and to create a solid visual screen adjacent to the single family parcels. The owner occupied (northerly) portion of the development is moved 17.6 feet to the west to accommodate the desired 10 foot trail parallel to CSAH 19. 10. The preliminary and final plats are revised to show an easement along the eastern border of the n ,' development to accommodate the desired ten (10) foot bituminous trail to be installed by the r" " developer as part of the project upon completion (estimated for 1998) of the CSAH 19 improvements. 11 An eight (8) foot trail is installed within the right-of-way on the south side of 57th Street, to be located five (5) feet from the edge of the curb. 12. Less the cost of.trail construction, the remaining park dedication requirement is satisfied with a cash contribution. 13. Future development phases will require separate Planning Commission and City Council approval as well as amendment to the Planned Unit Development agreement to be signed with the first phase. 14. A Planned Unit Development agreement shall be prepared by the City Attorney and signed by the applicants. It shall include the requirement that the Cottages of Albertville be restricted as a senior only development, with at least one resident in each unit age 55 and older, and no residents permitted under the age of 18. The City Attorney shall approve the means by which this is to occur. Cottages of Albertville CC FOF - Page 2 15. A property maintenance agreement or declaration of covenants, conditions and restrictions must be prepared by the applicant and submitted to the City Attorney for his review and approval. It shall include specific -restrictions as discussed herein as well as other provisions prescribed by the Planning Commission, City Council and/or City Attorney. An original, signed copy must be filed with the Wright County Recorder's Office as a deed restriction against the title of each unit lot. Time limitations are established within the Planned Unit Development Agreement for the removal of excess snow from the site and the height up to which it may be stored (so as not to block windows of homes or vehicular visibility). 17. The Wcation(s) of signs to be used within the project are shown on revised site plans and the sign sizes and design are submitted to the City Planner for review and approval according to the following requirements. Plans may be submitted following the start of construction for review and approval by the City Planner, however, no certificates of occupancy will be granted until desired signs are accepted. a. For each dwelling unit, one name/address plate shall be permitted not exceeding two (2) square feet. b. The development shall be allowed up to three (3) overall project identification. signs (one facing each street frontage) up to forty (40) square feet each. The site plans are revised to reflect the changes required herein and submitted for City Staff and Council review prior to the scheduled meeting date. 0 Adopted by the Albertvifle City Council this day of June 1997. City of Albertville By: Mark Olsen, Mayor Attest: Linda Houghton, City Clerk PC: Steve Feneis, Gary Hale, Linda Houghton, Mike Couri, Pete Carlson . I Cottages of Albertville CC FOF - Page 3 AdW JWWAPWA 113 S. RFTHAVENUI~ P.O. BOX 1717 ST. CLOUD, MNW302--1717 320252-4740 80057"17 320251.8T60 FAX ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION TO: Garrison Hale City Administrator Albertville, MN FROM: Peter J. Carlson, P.E. City Engineer DATE: May 12, 1997 RE: Preliminary Street and Utility Plan Cottages of Albertville SEH No. A-ALBEV 9701.00 The Fire Marshall is requesting the following modifications to the water main and street plan: I . Add fire hydrants to the northeast and southeast corner of the rental unit area. 2. Increase the turning radius for the north -south driveways to 25 feet in the rental unit area and the owner occupied area. Please call me if you have any questions. dJg c: Linda Houghton, City Clerk Elizabeth Stockman, Northwest Associated Consultants, Inc. Mike Couri, City Attorney Mike Nelson, Bonestroo Williamson Kotsmith ��:w�.ssv�coxRu�-i as.9n SHORT ELUOTT HENDRICKSON INC. ST PAUL, MN MINNEAPOUS MN CHIPPEWA FALLS, WI MADISON, WI LAKE COUNTY, IN EOUAL OPAORTUNITYEMPLOYER 113 S. FIFTH AVOWER O. BOX 1717, ST. CLOUD, MN 5M-1717 320 252-4740 800572-0617 320251-8750 FAX ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION TO Garrison Hale City Administrator Albertville, MN FROM: Peter J. Carlson, P.E. Prr. City Engineer 1 v DATE: April 7,1997 RE: Revised Preliminary Grading and Utility Plan Cottages of Albertville SEH No. A-ALBEV 9701.00 I reviewed the revised preliminary grading and utility plan, dated 04/02/97, and have the following comments: Preliminary Grading and Drainage Plan l . Drainage calculations have been submitted. However, the 0.25 "C" value used is appropriate for single family residential development and not for a high density, high runoff development like Cottages of Albertville. Therefore, the drainage calculations shall be recomputed and the storm sewer revised if necessary. 2. To minimize the potential for erosion, storm water runoff from the parking lots and driveways that is to drain into the CSAH 19 ditch shall first be collected in a catch basin and outlet through a storm sewer into the ditch. Revise the drainage plan accordingly. 3. Eliminate bituminous swales and replace with concrete valley gutters. 4. The snow storage issue, as outlined in my previous memo, has not been addressed. Preliminary Utility Plan 1. The plan indicates a 1-1/2 inch water service will be installed for each building. The developer should verify with the building inspector that the proposed water service size is adequate for the building. The above stated comments shall be addressed and the preliminary plans resubmitted for review. Please call me if you have any questions. djg c: Linda Houghton, City Clerk Elizabeth Stockman, Northwest Associated Consultants, Inc. Mike Couri, City Attorney (JAALBEV\CORMAP-07A.97) SHORT ELLIOTT HENDRICKSON INC. ST. PAUL, MN MIAW64POLIS, MN CHIPPEWA FALLS, W1 EOLIAL OPPORTUNITY EMPLOYER MADISON, K1 LAKE COUNTY, IN NORTHWEST ASSOCIATED CONSULTANTS tNC 1 COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Elizabeth Stockman DATE: 1 April 1997 RE: Albertville - Cottages of Albertville Senior Housing Development Site Plan Review / Preliminary & Final Plat Approval FILE: 163.06 - 97.01 BACKGROUND Cottage Builders, Inc. has submitted a preliminary plat and site plans for the development of 36 owner occupied attached single family quad -homes and 44 renter occupied town homes. The land is currently owned by Kenco and is proposed to be subdivided into 2 base lots (one for owner occupied and one for renter occupied), with the -owner occupied base lot further divided into 36 unit lots to permit individual ownership. Four outlots have also been created to allow for street construction and the future expansion of 20 owner occupied units. The property is currently zoned a combination of B-3, Highway Commercial and R-1 A, Low Density Single Family. The applicants propose to rezone the property to Planned Unit Development. The Comprehensive Land Use Plan designates the owner occupied portion of the subject property commercial/medium density residential while the remainder is shown as low density residential. An amendment to the Comprehensive Plan is necessary to allow the medium density development. Attached for reference: Exhibit A -Site Location/Proposed Land Use Exhibit B - Proposed Zoning Exhibit C - Preliminary Plat Exhibit D - Site Plan/General Development Plan Exhibit E - Grading and Drainage Plan Exhibit F - Utility Plan Exhibit G (1-2) - Landscape/Lighting Plans 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 61 2-595-9635 FAX 6 1 2-595-9837 Exhibit H (1-2) - Owner Occupied Elevations and Floor Plan Exhibit 1 (1.4) - Renter Occupied Elevations and Floor Plans Exhibit J - Community Room Floor Plan (within rental area, west bldg.) RECOMMENDATION The Cottages of Albertville project requires Comprehensive Plan and Zoning amendments as well as site specific determinations to be made under the project's Planned Unit Development designation. It is for this reason that we leave recommendation on the project to the Planning Commission and City Council as a policy decision. Our review of Comprehensive Plan and Ordinance requirements contained herein has highlighted several issues to be resolved, thus it is suggested that any approval of the project be made subject to the following conditions: 1. An amendment is approved to the City's Comprehensive Plan which permits the designation of commercial and low density residential uses to medium density. 2. Rezoning of the subject property is approved from B-3, Highway Commercial and R-1 A, Low Density Residential to Planned Unit Development. 3. Non -conforming building setbacks are revised to comply with Planned Unit Development regulations. 4. The issue of driveway width, turning radius, and snow storage as discussed herein is resolved within the rental community. 5. Off-street parking is provided within the owner occupied portion of the development. 6. Kalland Avenue is extended to the boundaries of the development and is constructed to allow for the second access to be installed with the first phase of construction. 7. Wright County approves the proposed project with regard to the amount of right-of-way dedication and the naming of streets. 8. The vegetative species proposed are expanded to provide more of a variety of species to be used throughout the development to detract from the repetition of the structures and to create a solid visual screen adjacent to the single family parcels. 9. The conflict with the proposed row of trees along CSAH 19 and the planned trails in this location is resolved. 10. An easement for trail access is provided along CSAH 19 as specified by the Planning Commission and is shown on a revised plat. A ten foot trail is installed along CSAH 19 within the established easement and an eight foot trail is installed within the right-of-way of 57th Street as prescribed herein to satisfy a portion of the park dedication requirement. 2 a 11. All housing units shall contain individual refuse containers which should be stored within garages. 12. Future development phases will require separate Planning Commission and City Council approval as well as amendment to the Planned Unit Development agreement to be signed with the first phase. 13. A Planned Unit Development agreement shall be prepared by the City Attorney and signed by the applicants. It shall include the requirement that the Cottages of Albertville be restricted as a senior only development, with all residents age 55 and older. 14. A property maintenance agreement or declaration of covenants, conditions and restrictions must.be prepared by the applicant and submitted to the City Attorney for his review and approval. It shall include specific restrictions as discussed herein as well as other provisions prescribed by the Planning Commission, City Council and/or City Attorney. An original, signed copy must be filed with the Wright County Recorder's Office as a deed restriction against the title of each unit lot. 15. Other comments of Planning Commission or City Council. ISSUES & ANALYSIS Comprehensive Plan Consistency. The proposed senior housing development requires an amendment to present land use designations of commercial/medium density residential and single family residential To accommodate the Cottages of Albertville, all the area as shown in Exhibit A needs to be changed to medium density. The owner occupied portion of the development has an overall density of 6.05 dwelling units per acre, while the renter occupied portion has an overall density of 8.9 dwelling units per acre. Both are within the parameters of medium density development (less than 10 units per acre). In our opinion, the senior housing project as proposed is situated in one of the best possible locations in the city for this type of development. The project would be compatible with aN adjacent land uses (commercial across 57th Street/CSAH 19 and low density single family residential in all other areas). The project is located, for the most part, within an area designated for medium density development in the Comprehensive Plan. Access is excellent off of 57th Street and Kalland Avenue and allows for the separation of owner versus renter occupied units as well as through access to CSAH 19 (arterial street). The project is centrally located and proximity of the senior housing to existing and planned retail development as well as public areas such as churches and parks is highly beneficial. Lastly, the development is located in an area where existing development is absent, thus preventing property owner conflicts at the onset. Future single family home owners will be well aware of the presence of the senior housing development when they purchase property on which to build. 3 Rezoning/Planned Unit Development. The senior housing project will require the rezoning of property from B-3, Highway Commercial and R-1 A, Low Density Single Family to Planned Unit Development. A Planned Unit Development is necessary to allow for multiple buildings, private roadways/shared driveways, and joint ownership/management by a homeowners association. Exhibit B shows how the proposed zoning fits into the overall map. The proposed residential zoning of the property would be compatible with all adjacent zones. Under the Planned Unit Development District, setbacks are required as follows: Front Yard: 35 feet Side Yard: 10 feet Curb Line: 15 feet from back of curb on internal streets Building Separation: 'h the sum of adjacent building heights The proposed Cottages of Albertville are in compliance with most required setbacks except that the building separation distance between the town homes along the north portion of the rental community are setback 15 feet from one another (see Exhibit DI. Also, the setback from the curb to other rental structures is only eight feet, which emphasizes snow storage concerns which were raised by the City Engineer. Vehicular Transportation. The 36 owner occupied dwelling units in the first phase obtain access from 57th Street via two driveways which connect internally to provide a through street from which shorter stub streets provide direct access to individual driveways/garages. A -distance of 210 feet has been provided between CSAH 19 and the closest project entrance to allow vehicular stacking distance for persons turning onto CSAH 19. The rental portion of the development obtains access from a newly platted segment of Kalland Avenue from which two private streets provide internal site circulation in a U-shape. The overall circulation pattern in both portions of the project are acceptable. Drhm= Width/Snow Storage. Within the owner occupied community, all primary internal streets are shown at a width of 24 feet, while lesser stub streets are 20 feet wide. Within the rental community all streets are 24 feet wide except for the central street which shown at 22 feet. The 20 foot width is viewed as acceptable because it functions only as a shared driveway, but the 22 foot street serves numerous residences as well as public parking and is two feet less than the 24 foot required drive lanes recommended for 90 degree parking access in the Zoning Ordinance. While streets can be allowed at lesser widths as part of the Planned Unit Development, the City is not obligated to this and may require that the streets meet the minimum design standards for marginal access roads as specified in the Subdivision. Ordinance (28 feet wide). Within the rental portion of the development, this narrow driveway as well as all private streets create serious accessibility and snow storage problems. The compact design of the rental units and the streets close proximity to the driveways, parking areas and structures leaves little open space. In addition, the turning radius of street corners is not sufficient to accommodate emergency vehicles or garbage trucks. While it is not the City's responsibility to maintain the private streets, we do have the responsibility of preventing problem areas such as limited access. The turning radius problem will only be compounded during the winter months. The development 0 agreement and protective covenants could require that snow be hauled from the site, but that is costly and is usually a last priority for snow removal companies. earking.. One enclosed parking space has been provided for each rental unit (44 total) and 48 outdoor parking spaces. Within the owner occupied area, each unit contains two enclosed spaces and no other off-street parking has been provided. One parking space is required per unit in senior housing developments, however, no parking will be allowed on the private streets. It is recommended that an off-street parking area be provided on the south end of the owner -occupied community where visitors may park. )land Avenue. The plans show only a portion of Kalland Avenue being constructed to serve one of the two access driveways into the rental portion of the development. Both the City Engineer and the City Planner have highlighted this as a concern. The improvements to Kalland Avenue should be extended to the boundaries of the development to allow for the second access to be installed with the first phase of construction. CSAH 19. Sixty (60) feet of right-of-way has been provided from the centerline of CSAH 19. While the proposed dedication is acceptable to the City, review and approval by the Wright County Engineer will also be required. Street Names. Street names have not been shown on submitted plans. The City follows the Wright County naming system which requires this area of the City to have north -south street names beginning with the letters K or L and east -west streets to follow the numbering system. The developer should talk with Linda Houghton and the County so that street names/numbers can be included on subsequent plan submittals. Minimum Floor Area. Living units classified as elderly or senior citizen are required to have a minimum of 520 square feet per unit for one bedroom units. The proposed one bedroom units encompass 750+ square feet while the two bedroom units encompass 1000+square feet of living space, thus both are in compliance with City Ordinance requirements. Landscape Plan. Residential subdivisions of more than four dwelling units are required to submit a landscape plan. The plan should be developed with an emphasis upon the boundary or perimeter of the site at points adjoining other property and the immediate perimeter of the structure(s). All treestshrubs must conform to the City's standards for minimum plant size at the time of installation and spacing requirements. All plants shall be guaranteed for two (2) years from the time planting has been completed. All plants shall be alive -and in satisfactory growth at the end of the guarantee period or be replaced. The owner occupied portion of the development shows the location of seven Colorado Blue Spruce trees along the western border and a mixture of Colorado Blue Spruce and Sugar Maples along the northern and eastern borders. The proposed trees are not adequate to screen the adjacent single family homes from the proposed medium density development. It is recommended that more of a variety of large trees and shrubs be used throughout the development to detract from the repetition of the structures, but particularly to create a solid screen (at full growth) adjacent to the single family development. k The rental portion of the development contains the same two tree species as used in the owner occupied area (Colorado Blue Spruce and Sugar Maple). The proposed row of trees along CSAH 19 will interfere with the planned trails in this location (see following paragraph). The types of vegetative treatment, their density and locations should be discussed among Planning Commissioners on Tuesday to provide the applicants with guidance regarding the changes or additions which may be required. All proposed plantings at the entrances to units are acceptable as shown. Public Trails. The Cottages of Albertville are proposed in the central portion of the City adjacent to a County Road as well as a City collector street. As such, the City's Proposed Trails Plan identifies a grade -separated trail along the west side of CSAH 19 and the south side of 57th Street. The trail along CSAH 19 will require the establishment of a 10-20 foot easement to accommodate the desired 10 foot trail, however, there is only 77' of space available east of the driveway. This is another indication that the site is being over utilized. The proposed 8 foot trail along 57th Street is to be located within the right-of-way beginning at a point 5 feet from the outside of the curb. The Planning Commission needs to make a determination regarding the installation of trails and how this should occur. One option is for the developer to install the improvements as part of the park dedication requirement. Park medication. With a total of 80 dwelling units, the required cash dedication for parks would be $40,000 when calculated at $500 per unit as specified in Section A600.15 of the Subdivision Ordinance. Should the City wish to have the developer install designated trails, the 10 foot trail along. CSAH 19 would measure about 1,000 linear feet and cost between $18,000420,000. The 8 foot trail along 57th Street would measure about 536 linear feet and cost between $7,500- $8,600. Lighting. Any lighting used to illuminate an off-street parking area or structures shall be arranged to deflect light away from adjoining property or public rights -of -way. The source of lights shall be hooded or controlled in some manner and bare incandescent light bulbs shall not be permitted. The submitted plans show single pole lights at a height of six feet to be located throughout shared common areas primarily for safety. Additionally, a minimum of two wall mounted lights will illuminate individual entrance and garage areas. The proposed lighting plan is acceptable as shown. Refuse. Refuse storage and collection must be addressed within the Planned Unit Development agreement. It is recommended that all individual units be supplied with at least one refuse container and that they be responsible for putting it out (in a specified location) for collection on a weekly or bi-monthly schedule (also to be specified). All refuse containers should be stored within garages or screened in another manner. The plans currently show the location of two outdoor refuse containers on the south end of the rental community, thereby requiring that some residents walk 380 feet to dispose of their waste. It is recommended that individual refuse.containers be considered for use throughout the entire development in place of shared receptacles. 7 Future Development Phases. Outlots A and C have been reserved for future development of twenty (20) owner occupied quad-homes/town homes. Outlots B and D will contain the private streets necessary to access the renter occupied portion of the development in its first phase. At the time of future development, plans will have to be submitted for Planning Commission/City Council approval and will require an amendment to the Planned Unit Development agreement to be signed as part of phase one development. Planned Unit Development Agreement. The City Attorney will draft a Planned Unit Development agreement which will include all development plans and specifications. The agreement shall also require that the Cottages of Albertville be limited as a senior only development, with the primary resident age 55 and older and no children allowed. In order to accomplish this, a deed restriction needs to be filed with individual properties and some type of senior programming activities will need to be planned within the gathering room (State of Minnesota requirement). The properties will also be income restricted. The City Attorney shall review and approve these and all other legal documents. Property Maintenance Agreement/Protective Covenants. A property maintenance agreement or declaration of covenants, conditions and restrictions must be prepared by the applicant and submitted to the City Attorney for his review and approval. It shall provide that an owner's association be formed and that all owners shall be members responsible for maintaining the properties and common areas in good repair. Individual owners may be assessed proportionate shares or joint or common costs. An original, signed copy must be filed with the Wright County Recorder's Office as a deed restriction against the title of each unit lot. The covenants shall include provisions which prohibit the storage of recreational vehicles or equipment which occupies designated garage or parking space. No on -street parking shall be permitted. CONCLUSION t The proposed senior housing development, Cottages of Albertville, is intended to serve a specific portion of the population in acheivement of life -cycle housing opportunities in the City. It is generally a well -designed project proposed in a location which will benefit its resident community. While there are design and development issues to be resolved, it is generally in conformance with Zoning and Subdivision Ordinance regulations and consistent with the intent of the Planned Unit Development District. The primary issue to be resolved revolves around the rental portion of the development where the compact design is creating accessibility, setback and snow storage problems. It is apparent that too much has been proposed on this portion of the site. pc: Gary Hale Linda Houghton Pete Carlson Mike Couri Kevin Mealhouse Steve Feneis, Developer Mark McNamara, Wright County Soil & Water Conserv. 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UNIT PLAN S Ur.t EXHIBIT 1-4 6 7 g 9 10 11 12 13 14 AI 0 i lip No WN1 sn MA im aw EXHIBIT J .r (0 summARY OF EviPORTANT POINTS OF COTTAGES OF ALBERTVILLE DEVELOPER'S AGREEMENT [RENTAL] Below is a summary 'of the major points of the Cottages of Albertville Developer's Agreement. Because the fine points of the agreement have been left out of this summary, please refer to the Agreement itself for more detail regarding the terms of the agreement. This Developer's Agreement is similar to the Developer's Agreements the City has used in the past Paragraph # (Rderencing paagraph in Developer's went) 1. The Developer (Cottages of Albertville, LLC) will install municipal ingmvements (roads, storm sewer, sanitary sewer, water main, etc.) as detailed in the Plans and Specs for the Cottages of Albertville. The improvements will be warranted for a period of two years from the date of acceptance. All municipal improvements will be installed by October 15, 1997, except the final wearing course of bituminous which will be installed next spring. The Developer will warrant the municipal improvements for two years. The City will be responsible for snow plowing when the base course is installed, the utility castings have been adjusted and at least one of the homes on the Cottages of Albertville Plat is occupied. 2. The Developer will construct on and off -site improvements (sod, trees, driveway approaches, etc.), to be completed by October 15, 1998. Developer also will install street lights, street signs, and have electrical, natural gas, and telephone service installed underground. 3. Developer will construct senior housing only on the plat 4. Developer agrees to post a surety with the City in the amount of $150,000.00 as security to assure that all municipal improvements and on- and off -site improvements will be installed The security represents 100% of the estimated costs of the improvements. The Developer has requested that the City accept a contractual agreement with the bank rather than a letter of credit. The terms of this proposed contract will have to be negotiated but should be similar to a letter of credit and must be approved by City attorney. 5. Developer can request a release or reduction of the letter of credit when all or a portion of on- and off -site improvements have been installed. 6. Developer will pay the City $7,154 in Sanitary Sewer Trunk Line fees. 1 . I 8. Developer will pay all City costs and expenses related to the project. 9. Developer will comply with the erosion control plan. 11. Developer will keep the construction sites clean and will repair any damage to public property due to construction on the plat. 13. If building permits are issued prior to completion and acceptance of public improvements, Developer assumes all liability for damage to public improvements from such activity. However, buildings can be occupied upon installation of class five gravel and concrete curb' (as opposed to installation of paved streets). 14. The City can draw on the surety prior to its expiration if a new surety is not provided at least 45 days prior to the expiration of the letter of credit. 15. If the Developer defaults on any portion of the agreement, the City will give the developer 30 days notice of such default prior to drawing upon the letter of credit. 16. Park dedication fees are in the amount of $22,000.00 (44 units at $500.00 per unit). However, the cost of the trail constriction, $5,500.00 shall be deducted from this fee, leaving a total due in the amount of $16,500.00. Park dedication fees are due to the City prior to the execution of the final plat 17. Except for the enumerated exceptions, R-4 zoning standards apply. 18. Developer warrants that Kalland Avenue will be extended to the southerly line of Lot 38 by October 1, 1998. 20. Developer holds the City harmless from claims made by Developer and third parties for damages sustained as a result of plat approval and development. 22. Developer will pay all reasonable attomey's and other fees incurred by the City if the City must sue to enforce this agreement 24. The agreement will bind all successors and assigns of the Developer. 2 [RENTAL] CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT / SENIOR HOUSING AGREEMENT Cottages of Albertvffle THIS AGREEMENT, entered into this day of , 1997 by and between Cottages of Albertville, LLC, referred to herein as "Developer"; and the CITY OF ALBERTVU,LF., County of Wright, State of Mnnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit "A", attached hereto and incorporated herein by refence, a portion of which parcels of lanai are proposed to be subdivided and platted for renter -occupied development, and which subdivision, which is the subject of this agreement, is intended to bear the name "Cottages of Albertville" and may sometimes, hereinafter be refm-ed to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's plat of Cottages of Albertville 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, grading, sanitary sewer, water, storm sewer and streets (hereafter "Municipal Improvements") be installed to serve the Subject Property and other properties affected by the development of Developer's land, to be installed and financed by Developer, and WHEREAS, the City fiuther requires that certain on and off -site improvements be installed by the Developer within the Subject Property, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveway approaches, drainage swales, beaming, street ins, street cleanup during project development, erosion control, and other site -related items, and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the patties and subsequent owners, the understandings and agreements of the panties concerning the development of the Subject Property, NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: il� j! I t k. i �� � r A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Cottages of Albertville, as prepared by Boonestxoo, Williamson and Kotsmith, dated April 2, 1997 as on file with the City Clerk, including performing all work as shown on Grading and Draining Plan attached as Exhibit B, said improvements to include installation of water mains, sanitary and storm sewers, storm water pondmg, site grading, curb and gutter, and paved streets, including the extension of Kalland Avenue to the Northerly line of Oudot B Center Oaks. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engirieer. Unless a later date is specified by the City Engineer, said improvements shall be installed by October 15, 1997, with the wear course of bituminous pavement to be installed after May 15, 1998 but before June 30, 1998. B. The Developer warrants to the City for a period of two years from the date the City accepts the project by resolution that all such Municipal Improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said wan anty to apply both to poor materials and faulty workmanship. C. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work Developer shall receive written notice of the city's intent to pay contractors and/or subcontractors with the surety and shall have the right to contest such payment in good faith. Developer shall have 30 days to respond to the written notice. No payment shall be made by the City until such dispute is resolved. D. Developer shall grade the lot at the same time as the street grading is performed, and shall grade such lot in a manner which will allow for adequate drainage from the lot. E. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs insured by the City during said inspection. F. Developer- shall be responsible for all maintenance (including snow plowing) on all private streets in said plat. Developer shall keep all private streets in said plat in good repair at all times, and shall keep said streets open so as to allow unhindered access for 2 emergency vehicles at all times. Removal of excess snow shall occur within 12 hours after 2" of snowfall has accumulated. Such snow may be stored on site but shall not be stored in a manner in which the height of the pile of snow exceeds 10 feet, nor shall snow be stored in a manner so as to block windows of homes or vehicular visibility. The City will be responsible for snow plowing of Kalland Avenue when the base course is installed, the utility castings have been adjusted and at least one of the homes on Cottages of Albertville Plat is occupied. G Developer agrees that all private streets within the development shall be constructed in accordance with city standards for public residential streets, except that width of the private streets shall be a minimum of 24 feet wide. 2. Construction of On- and Off -Site Improvements, A Developer shall construct all on- and off -site improvements including installation of boulevards, street signs, traffic signs, yard top soil, sod in all front and side yards, grass seeding in back yards, grading control per lot, bituminous or concrete driveway approaches, drainage swales, bermmg, and like items as necessary, street cleanup during project development, and erosion control. Said on- and off -site improvements shall be installed no later than October 15, 1998, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Subject Property. Developer shall also comply with the landscaping plan as provided in this document. B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under ground, within the street right of way, accessible to the lot and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Northern States Power or other such carrier; H. Natural gas supply, to be provided by Minnegasco or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier, iv. Cable television, to be provided by Jones Intercable or other such carrier. In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. The renter M occupied development and the owner occupied development shall be allowed up to a combined total of three (3) overall project identification signs (one facing each frontage) up to forty (40) square feet each. Sign plans must be submitted for review and approval by the City Planner and City Building Inspector. C. Developer has submitted a utility plan for Said Plat showing all existing and proposed utility lines and easements, attached and incorporated herein as Exhibit C. Developer agrees to have all utilities installed according to this plan. D. Developer shall install silt fencing as deemed necessary by the City Engineer within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lot except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. E. Notwithstanding the requirements of subparagraph 2A above, the Developer shall install to the City's satisfaction the improvements for each lot or parcel within sixty (60) days of the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1st and before March 30th in any given year, in which case said improvements shall be so completed by the following June 15th. F. The vegetative species shall be in accordance with the Landscaping Plan attached as Exhibit D. G. Developer shall install a curb cut at the intersection of 57"' Street and the bituminous trail as shown on the Landscaping Plan attached as Exhibit D. H. Developer agrees to construct a trail connecting the owner occupied dwelling units to the renter occupied dwelling units and community room, in a location and design approved by the City Planner and Engineer. 3. Intended Use of Subdivision L-ot—Senior Housing Restrictions. A It is the Developer's and City's intent that renter -occupied attached single family quad homes be constructed on the lot in Said Plat. Developer agrees that it shall not construct any units other than said renter -occupied single-family attached dwelling units on the lot in 4 Said Plat, and all such units shall be constructed in the approximate location as shown on the Site Plan, attached as Exhibit E. B. The Cottages of Albertville shall be a seniors -only development. At least one resident in each unit must be age 55 or older, and no residents under the age of eighteen are permitted. Developer shall take affirmative steps to ensure the continuous enforcement of this provision. C. No more than two units may be occupied by employees of the Developer and families of the employees who are under the age of 55, provided that such employees perform substantial duties directly related to the management or maintenance of the housing. D. The Developer must publish and adhere to policies and procedures that demonstrate an intent to maintain a seniors -only development. Such an intent shall be demonstrated by the following procedures in a manner acceptable to the City: • The manner in which the development is described to prospective residents • The nature of any advertising designed to attract prospective residents • Age verification procedures • Lease provisions • Written rules and regulations • Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules or regulations. Developer shall submit a Compliance Proposal to the City annually demonstrating compliance with this provision E. The developer must comply with rules issued by the Secretary of Housing and Urban Development for verification of occupancy by reliable surveys and affidavits and include examples of the types of policies and procedures relevant to a determination of compliance with subparagraph'V' above. F. The developer must provide significant facilities and services specifically designed to meet the physical or social needs of older persons. Significant facilities and services may include, but are not limited to: • social and recreational programs • continuing education • information and counseling • recreational, homemaker, outside maintenance and referral services • accessible physical environment • emergency and preventative health care of programs • congregate dining facilities • transportation to facilitate access to social services, and • services designed to encourage and assist residents to use the services and facilities available to them Significant facilities and services does not include off -site facilities and services. The owner -occupied Homeowner's Association shall have reasonable access to the 5 Community Room located within the renter -occupied portion of the Cottages of Albertville to accomplish the goals of this subsection. Developer shall submit a Compliance Proposal to the City annually demonstrating the provision of significant facilities and services specifically designed to meet the physical or social needs of older G No person under age 18 may stay overnight with a person over the age of 55 who resides in Albertville Cottages longer than 14 nights in any period of four months. In no case may a person under the age of 18 stay overnight with a person over the age of 55 who resides in Albertville Cottages more than 28 nights in a twelve month period. 4. Surety Requirements. A Developer will provide the City with a surety acceptable to the City Attorney, as security that the obligations of the Developer under this contract shall be performed. The surety must be in the amount of $150,000 (representing 100% of the estimated cost of the Municipal Improvements and on- and off -site improvements). Said surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said surety 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 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 firlfill the obligations of Developer under this agreement. C. In the event that any surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's surety prove insufficient or should Developer fail to maintain said letter of credit in the amount required above within 30 days of mailing of written request by the City. Should the City assess -Developer's property for said costs, Developer agrees not 6 to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. 5. Surety Release. A. That portion of 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. B. Periodically, as payments are made by the Developer for the completion of portions of the Municipal 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 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. C. The Developer may request of the City a reduction or release of any surety as follows: When another acceptable letter of credit is furnished to the City to replace a prior letter of credit. I When all or a portion of the Municipal Improvements and the on- and off -site improvements have been installed, the letter of credit 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 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. As to all requests brought under this paragraph A, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit. 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. Sanitary Sewer Trunk Line Fees. Developer agrees that the Citys Sanitary Sewer Trunk Line Fee Ordinance requires the Developer to pay $7,154 ($1,400 per acre x 5.11 acres) in sanitary sewer trunk line fees as part of the platting of the Subject property. 7. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the Citys costs and expenses related to attorneys 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, or fails to provide sufficient ground -cover to prevent continuing soil erosion from the Plat, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat. 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. 8. Developer To Pay Citv's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of the Cottages of Albertville plat, as well as all reasonable engineering expenses insured by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of the Said Plat without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 9. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit B. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 10. Ditch Cleaning; Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property may drain, and shall 8 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 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 water main), sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. In the event the Developer fails to clean up, maintain or repair the damaged public property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer shall have thirty (30) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council. In the event that Developer fails to so clean up, repair or maintain said public property, the City may 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, funds sufficient to pay the bill may be withdrawn by the City from the surety described above and/or assessed against any or all of Said Plat. 12. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times during its development 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. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, 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 by City Council Resolution, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public 9 improvements caused by the City, Developer, its contractors, subcontractors, matenalmen, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have class five gravel and concrete curbing installed, unless a specific exception is approved by the City. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. Upon completion of developer's obligations contained in this agreement, the City shall provide the developer with a release of its obligations herein, except that the Owner of the property shall be subject to paragraphs 1F,3,7,8,10,11,13E,13G, 13I,15,16,17,20,22,24. F. All municipal water concerns will be handled by the Joint Powers Water Board. No connections to the water system will be permitted until the Board has given final approval. G The Developer represents to the City that the Plat 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 the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. R Prior to the execution of this agreement and prior to the start of any construction on the Subject Property, Developer shall provide the. City with evidence of good and marketable title to all of Subject Property. 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. I. Developer shall comply with all water, ponding and wetland related restrictions as contained in the April 18, 1997 letter from the Wright County Soil and Water Conservation District (said letter is on file with the City Clerk). 10 14. Draw on Eauiriny, Surety, In the event a surety referred to herein is in the form of a surety 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 completed, it is agreed that the Developer shall provide the City with a new surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the expiring surety. If a new surety is not received as required above, the City may 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 surety to avoid the loss of surety for the continued obligation. The form of said surety must be approved by the City Attorney prior to its issuance. 15. 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 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 of the Developer use all of the deposited cash, irrevocable letter of credit or other surety funds to complete the Developer's obligations under this agreement, and to bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees insured in enforcing this agreement. B. Paragraph 15A shall not apply to any acts or rights of the City under paragraph 14 above, 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 Chy's right to draw upon the surety at a future time without notice to the Developer. C. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 16. Dedications to the City. A The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all sanitary sewers, storm sewers, 11 water mains, and trails to the City. Prior to dedication, Developer shall provide to the City "record drawings" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. Said dedications shall occur by June 30, 1998, or at such later time as determined by the City. B. The Developer is not dedicating park land with this plat. As a result, Developer and City have agreed that the of park dedication requirement shall be paid to the City in the form of cash in the amount of $22,000 (44 units x $500 per unit). The cost of the trail construction shall be deducted from this fee. The estimated cost of the trail construction is $11,000. The deduction for the cost of the trail will be divided into two, as the owner occupied units will receive half of the deduction as well. Therefore, the park dedication requirement shall be $22,000-5,500 or $16,500. Payment of this fee shall occur prior to release of the final plat. Any overage or underage will be exchanged after developer has submitted receipts to the City demonstrating the expense of the trail construction C. Developer agrees to construct a ten foot bituminous trail along Highway 19 and an eight foot bituminous trail along 576 Street, as shown on the Landscaping Plan attached as Exhibit D. The plat is attached as Exhibit F and incorporated by reference. 17. Zoning Standards. Developer shall adhere to the City's R-4 zoning standards, except for the following items which shall be allowed in this Planned Unit Development: A The building separation requirement shall be fifteen feet for the quad townhomes on the north side of the rental property. B. Building setback to curb line shall be eight feet for the west building on the north and south side and the east building only on the south side. C. Private streets shall be 24 feet wide. D. Single car garages shall be provided. 18. Kalland Avenue. Developer warrants that storm, sanitary sewer, water, street and curb will be extended in Kalland Avenue to that southerly line of Lot 38 by October 1, 1998. 19. Phased Development. Fthe plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this 12 phase bind the City to approve future Development phases. All future Development phases shall be governed by the Citys Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 20. Indeinnitv. 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 plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract: 21. Assignment of Contract. The obligations of the Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 22. 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 finished by the Developer as provided herein. 23. 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 clo City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (612) 497-3384 Cottages of Albertville, LLC clo Steve Feneis 10112 ' Street North Suite 109 P.O. Box 1802 13 St. Cloud, MN 56302 (320)202-8000 24. A ement Effect. This agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTV=, By Its Mayor By. Its Clerk DEVELOPER, By Its Manager STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1997, by Mark Olson, 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 14 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknwwledged before me this day of 1997, by Linda Houghton, 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 , 1997, by , as Manager of Notary Public 15 ExHEBIT A TO DEVELOPER'S AGREEMENT The Real Property subject to the Developer's Agreement is legally described as follows (prior to platting): That f the south 30 acres o ortheast Quarter of Section 2, Township 120, Range 24, wn descr Lot 2 of said Northeast Quarter, as per plat of record, and also the Northwest Southeast Quarter of Section 2, Township 120, Range 24, Wright County, 5. to The Real Property subject to the Developer's Agreement is legally described as follows (after the filing of the Cottages of Albertville Plat): Outlot3, Center Oaks. d 16 1:11i i Grading and Drainage Plan 4:u: Utility Plan 4: 11 .9 V.,ul Landscaping Plan .4:11 Site Plan .�:II: Ulu Cottages of Albertville Plat IVA SUWU4ARY OF MORTANT POINTS OF COTTAGES OF gEEMENT DEVELOPER!OWNERI of the Cottages of Albertville Developers m Below is a sumary of the major points the fine points of the agreement have been left out of this summary, Agreement. Because the terms of the agreement. please �� � the Agreement itself for more detail regarding Agreement is similar to the Developers Agreements the City has This Developers gm used in the past Pparagraph# (Referencing paragraph in Developer's Agreement) (� municipal of Albertville, LLC) will install p 1, The Developer (Cottages sewer, water main, etc.) as detailed in the improvements (storm sewer, sanitary e. The improvements will be Plans and Specses of Albertvillacceptance. All municipal for the Cottag warranted for a period of two yearsct October the date of ept the final wearing improvements y ed next spring. The Developer will course of bituminous which will be install wan-ant the municipal improvements for two years. The Developer will construct on- and off -site improvements (sod, trees, 2• to be completed by October 15, 1998. Developer driveway approaches, etc.), also will install street lights, street signs, and have electrical, natural g telephone service installed underground _ 4 cwe nx 3. Developer will construct senior housing only on the Plat. s to post a surety with the City in the amount and off -site 00 4, Developer agree p P improvements and on as security to assure that all municipal cur r resents 100% of the estimated improvements will be installed. The security represents accept a improvements. The Developer has requested that the City ep coof sts of the imp contractual agreement with the bank rather than bu letter ouf should be similar tThe o this proposed contract will have to be negotiatedtorney. letter of credit and must be approved by City er can request a release or reduction of the lei a edit when all or a 5. Develop improvements have been portion of on and off -site Developer will Pay the City $8,540 in Sanitary Sewer Trunk Line fees. 6. P 8. Developer will pay all City costs and expenses related to the project. 9. Developer will comply with the erosion control plan- 1 11. Developer will keep the construction sites clean and will repair any damage to public property due to construction on the plat. 13. If building permits are issued prior to completion and acceptance of public improvements, Developer assumes all liability for damage to public improvements from such activity. However, buildings can be occupied upon installation of class five gravel and concrete curbing (as opposed to installation of paved streets). 14. The City can draw on the surety prior to its expiration if a new surety is not provided: at least 45 days prior to the expiration of the letter of credit. 15. If the Developer defaults on any portion of the agreement, the City will give the developer 30 days notice of such default prior to drawing upon the letter of credit. 16. Park dedication fees are in the amount of $18,000.00 (36 lots at $500.00 per lot). However, the cost of the trail construction, $5,500.00 shall be deducted from this fee, leaving a remaining total due of $12, 500.00. Park dedication fees are due to the City prior to the execution of the final plat. 17. Except for the enumerated exceptions, R-4 zoning standards apply. 19. Developer holds the City harmless from claims made by Developer and third parties for damages sustained as a result of plat approval and development. 21. Developer will pay all reasonable attorneys and other fees incurred by the City if the City must sue to enforce this agreement. 23. The agreement will bind all successors and assigns of the Developer. 2 [OWNER] CITY OF ALBERINU LE PLANNED UNIT DEVELOPMENT AGREEMENT Cottages of Albertville THIS AGREEMENT, entered into this day of , 1997 by and between Cottages of Albertville, LLC, referred to herein as "Developer"; and the CITY OF ALBERTVH,LE, County of Wright, State of Minnesota, hereinafter referred to as "City' WITNESSETH: WHEREAS, Developer is the fee owner and developer of parcels of land described in Exhibit "A', attached hereto and incorporated herein by reference, a portion of which parcels of land are proposed to be subdivided and platted for owner -occupied development, and which subdivision, which is the subject of this agreement, is intended to bear the name "Cottages of Albertville" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's plat of Cottages of Albertville 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, grading, sanitary sewer, water, storm sewer and streets (hereafter "Municipal Improvements") be installed to serve the Subject Property, to be installed and financed by Developer, and WHEREAS, the City fin-ther requires that certain on- and off -site improvements be installed by the Developer within the Subject Property, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, drainage swales, beaming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and agreements of the parties concerning the development of the Subject Property; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. 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 Cottages of Albertville, as prepared by Boonestroo, Williamson and Kotsmith, dated April 2, 1997, as on file with the City Clerk, including performing all work as shown on Grading and Draining Plan attached as Exhibit B, said improvements to include installation of water mains, sanitary and storm sewers, storm water ponding, site grading, curb and gutter, and paved streets. All such improvements shall be constructed according to the standards adopted by the 2. City, along with all items required by the City Engineer. Unless a later date is specified by the City Engineer, said improvements shall be installed by October 15, 1997, with the wear course of bituminous pavement to be installed after May 15, 1998 but before June 30, 1998. B. The Developer warrants to the City for a period of two years from the date the City accepts the project by resolution that all such Municipal Improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. C. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work Developer shall receive written notice of the City's intent to pay contractors and/or subcontractors with the surety and shall have the right to contest such payment in good faith. Developer shall have 30 days to respond to the written notice. No payment shall be made by the City until such dispute is resolved D. Developer shall grade all lots at the same time as the street grading is performed, and shall grade such lots in a manner which will allow for adequate drainage from the lot. E. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs insured by the City during said inspection. F. Developer shall be responsible for all maintenance (including snow plowing) on all private streets in said plat. Developer shall keep all private streets in said plat in good repair at all times, and shall keep said streets open so as to allow unhindered access for emergency vehicles at all times. Removal of excess snow shall occur within 12 hours after 2" of snowfall has accumulated. Such snow may be stored on site but shall not be stored in a manner in which the height of the pile of snow exceeds 10 feet nor shall snow be stored in a manner so as to block windows of homes or vehicular visibility. G. Developer agrees that all private streets within the development shall be constructed in accordance with City standards, except that width of the private streets shall be a minimum of 24 feet wide. Construction of On- and Off -Site Improvements. A Developer shall construct all on- and off -site improvements including installation of boulevards, street signs, traffic signs, yard top soil, sod in all front and side yards, grass seeding in back yards, grading control per lot, bituminous or concrete driveway approaches, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control. Said on- and off -site improvements shall be installed no later than October 15, 1998, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Subject Property. Developer shall also comply with the landscaping plan as provided in this document. B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under ground, within the street right of way, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Northern States Power or other such carrier, u. Natural gas supply, to be provided by Mmegasco or other such carrier, iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carver, iv. Cable television, to be provided by Jones Intercable or other such carrier. In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. The sign sizes and design shall be as follows: For each dwelling unit, one nameladdress plate shall be permitted not exceeding two (2) square feet. I The owner occupied development and the renter occupied development shall be allowed up to a combined total of three (3) overall project identification signs (one facing each frontage) up to forty (40) square feet each. Sign plans must be submitted for review and approval by the City Planner and City Building Inspector. C. Developer has submitted a utility plan for Said Plat showing all existing and proposed utility lines and easements, attached and incorporated herein as Exhibit C. Developer agrees to have all utilities installed according to this plan. D. Developer shall install silt fencing as deemed necessary by the City Engineer within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. E. Notwithstanding the requirements of subparagraph 2A above, the Developer shall install to the City's satisfaction the improvements for each lot or parcel within sixty"(60) days of the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case said improvements shall be so completed by the following June 15th. F . The vegetative species shall be in accordance with the Landscaping Plan attached as Exhibit D. G. Developer shall install curb cuts at the intersection of 57s' Street and the bituminous trail as shown on the Landscaping Plan attached as Exhibit D. H. Developer agrees to construct a trail connecting the owner occupied dwelling units to the renter occupied dwelling units and community room in a location and design approved by the City Planner and Engineer. Intended Use of Subdivision Lots. A. It is the Developer's and City's intent that 36 owner -occupied attached single family quad homes be constructed on the lots in Said Plat. Developer agrees that it shall not construct any units other than said owner -occupied single-family attached dwelling units on the land in Said Plat, and all such units shall be constructed in the approximate location as shown on the Site Plan, attached as Exhibit E. B. Developer shall record a Declaration of Common Interest Community for the Cottages of Albertville. Said Declaration of Common Interest Community shall among other things, specify age restrictions consistent with this agreement, establish a Home Owner's Association, and shall be acceptable to the City Attorney as to form and content.. C. The Cottages of Albertville shall be a seniors -only development. At least one resident in each unit must be age 55 or older, and no residents under the age of eighteen are permitted. D. No more than two units may be occupied by employees of the Homeowner's Association and families of the employees who are under the age of 55 provided that the employees perform substantial duties directly related to the management or maintenance of the housing. E. The Homeowner's Association must publish and adhere to policies and procedures that demonstrate an intent to maintain a seniors -only development. Such an intent shall be demonstrated by the following procedures in a manner acceptable to the City: • The manner in which the development is described to prospective residents • The nature of any advertising designed to attract prospective residents • Age verification procedures • Lease provisions • Written rules and regulations • Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules or regulations. F. The developer must comply with rules issued by the Secretary of Housing and Urban Development for verification of occupancy by reliable surveys and affidavits and include examples of the types of policies and procedures relevant to a determination of compliance with subparagraph "E" above. G. The development must contain significant facilities and services specifically designed to meet the physical or social needs of older persons. Significant facilities and services may include, but are not limited to: • social and recreational programs • continuing education • information and counseling • recreational, homemaker, outside maintenance and referral services • accessible physical environment • emergency and preventative health care of programs • congregate dining facilities • transportation to facilitate access to social services, and • services designed to encourage and assist residents to use the services and facilities available to them Significant facilities and services does not include off -site facilities and services. However, significant facilities and services does include the use of the community room located in the rental portion of the subdivision by the owners of the owner -occupied units. The owner -occupied Homeowner's Association shall have reasonable access to the Community Room to comply with the requirements of this subsection. `The Homeowner's. Association shall submit a Compliance Proposal to the City annually demonstrating the provision of significant facilities and services specifically designed to meet the physical or social needs of older persons. G No person under age 18 may stay overnight with a person over the age of 55 who resides in Albertville Cottages longer than 14 total number of nights in any period of months In no case may a person under the age of 18 stay overnight with a person over the age of 55 who resides in Albertville Cottages more than 28 nights in a twelve month period. 4. Surety Reauirements. A. Developer will provide the City with a surety acceptable to the City Attorney as security that the obligations of the Developer under this contract shall be performed. The surety must be in the amount of $150,000 (representing 100% of the estimated cost of the improvements). Said surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said surety 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 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 finlfill the obligations of Developer under this agreement. C. In the event that any surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to assess Developer's property for any and all costs incurred by the City in enforcing any of the terns of this agreement should Developer's surety prove insufficient or should Developer fail to maintain said surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. Surety Release. A That portion of said 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. B. Periodically, as payments are made by the Developer for the completion of portions of the Municipal 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 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. C. The Developer may request of the City a reduction or release of any surety as follows: i. When another surety is furnished to the City to replace a prior surety. I When all or a portion of the Municipal Improvements or the on- and off -site improvements have been installed, the 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 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. As to all requests brought under this paragraph A, the City Council shall have complete discretion whether to reduce or not to reduce said surety. 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. Sanitary Sewer Trunk Line Fees. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance requires the Developer to pay $ $8,540 ($1,400 per acre x 6.10 acres) in sanitary sewer trunk line fees as part of the platting of the Subject property. Abandonment of Proiect - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, 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, or fails to provide sufficient ground -cover to prevent continuing soil erosion from the Plat, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat. 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. S. Developer To Pay Citv's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of the Cottages of Albertville plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of the Said Plat without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 9. Erosion and Siltation ControL Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit B. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 10. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property 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. 7 Developer agrees Gc property curb, utility system (including but not limited to water main), sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer fiuther agrees to pay all costs required to repair the streets and/or utility system damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. In the event the Developer fails to clean up, maintain or repair the damaged public property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer shall have thirty (30) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council. In the event that Developer fails to so clean up, repair or maintain said public property, the City may 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, funds sufficient to pay the bill may be withdrawn by the City from the surety described above and/or assessed against any or all of Said Plat. 12. Temporary Easement Bights. Developer shall provide access to the Subject Property during its development 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. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, 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 by City Council resolution, 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. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have class five gravel and concrete curbing installed, unless a specific exception is approved by the City. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. After the Developer has completed all work and obligations required of it under this Contract (including the expiration of the warranty period), at the Developer's request, the City will execute and deliver to the Developer a release of its obligations under this agreement, except that the entire Paragraph 3, Intended Use of Subdivision Lots, shall remain in effect as to the land at all times. If developer transfers its interest in the Subject Property, Developer shall be deemed formally released of its obligations herein, provided developer has completed all obligations under this Agreement, and provided that the successor in interest must comply with, and is bound by, Paragraph 3, Intended Use of Subdivision Lots. F. All municipal water concerns will be handled by the Joint Powers Water Board. No connections to the water system will be permitted until the Board has given final approval. - G. The Developer represents to the City that the Plat 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 the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. H. Prior to the execution of this agreement and prior to the start of any construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. 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. I. Developer agrees not to build on Lot No. 37. Developer agrees that Lot No. 37 shall be maintained by the Homeowner's Association. 7. Developer shall comply with all water, ponding and wetland related restrictions as contained in the April 18, 1997 letter from the Wright County Soil and Water Conservation District (said letter is on file with the City Clerk). K. The property known as Outlot A, Parkside 3'd Addition is hereby released from the Developer's Agreement recorded as Document No. 605210 on October 21, 1996, except that Paragraphs 1B and 16A which shall continue until such time period and / or events referenced in said paragraph have expired or were satisfied. 14 Draw on Surety, In the event a surety referred to herein is in the form of a surety 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 completed, it is agreed that the Developer shall provide the City with a new surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the expiring surety. If a new surety is not received as required above, the City may 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 surety to avoid the loss of surety for the continued obligation. The form of said surety must be approved by the City Attorney prior to its issuance. 15.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 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 of the Developer use all of the deposited cash, irrevocable letter of credit or other surety funds to complete the Developer's obligations under this agreement, and to bring legal action against the Developer to collect any surms due to the City pursuant to this Agreement, plus all costs and attorneys fees incurred in enforcing this agreement. B. Paragraph 15A shall not apply to any acts or rights of the City under paragraph 14 above, 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. C. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 16. Dedications to the City. A. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all sanitary sewers, storm sewers, water mains, and trails to the City. Prior to dedication, Developer shall provide to the City "record drawings" of all sewers, water mains and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. Said dedications shall occur by June 30, 1998, or at such later time as determined by the City. B. The Developer is dedicating 0 acres of park land with this plat. As a result, Developer and City have agreed that the of park dedication requirement shall be paid to the City in the form of cash in the amount of $18,000 (36 lots x $500 per lot). The cost of the trail construction shall be deducted from this fee. The estimated cost of the trail construction is $11,000. The deduction for the cost of the trail will be divided into two, as the renter occupied units will receive half of the deduction as well. Therefore, the park dedication requirement shall be $18,000-5,500 or $12,500. Payment of this fee shall occur prior to release of the final plat. Any overage or underage will be exchanged after developer has submitted receipts to the City demonstrating the expense of the trail construction. C. Developer agrees to construct a ten foot bituminous trail along Highway 19 and an 10 eight foot bituminous trail along 57 h Street, as shown on the Landscaping Plan attached as Exhibit D. Said Plat is attached as Exhibit F, and incorporated by reference herein. 17. Zonine Standards. Developer shall adhere to the City's R-4 zoning standards, except for the following items which shall be allowed in this Planned Unit Development: A. Private streets shall be 24 feet wide. B. Two car garages shall be provided . 18. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall. not be construed as approval of future phases nor shall approval of this phase bind the City to approve firture Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 19. 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 plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 20. Assignment of Contract. The obligations of the Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 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 attorneys 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 furnished by the Developer as provided herein. 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 clo City Clerk P.O. Box 9 11 Albertville, MN 55301 Telephone: (612) 497-3384 Cottages of Albertville, LLC c/o Steve Feneis 1011 a Street North Suite 109 P.O. Box 1802 St. Cloud, MN 56302 (320)202-8000 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 Its Mayor By Its Clerk DEVELOPER, By Its Manager STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 1997, by Mark Olson, 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 12 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was ackmowledged before me this day of 1997, by Linda Houghton, as Clerk of the City of Albertville, a IvMnnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF M[NNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1997, by , as Manager of Notary Public 13 EXSIIiIT A TO DEVELOPER'S AGREEMENT The Real Property subject to the Developer's Agreement is legally described as follows (prior to Pig): Outlot A, Parkside Third Addition, according to the plat thereof; on file and of record in the Office of the County Recorder, Wright County, Mnnesota. The Real Property subject to the Developer's Agreement is legally described as follows (after the filing of the Cottages of Albertville Plat): Lots 1-37, Block one, Cottages of Albertville. Grading and Drainage Plan Utility Plan EXHEBIT D Landscaping Plan EIH[B1T E Site Plan EXHIBIT F Cottages of Albertville Plat 5-1 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Applicant's Name: Parkside 41h. Kenco Request: Kenco has submitted a preliminary and final plat for the subdivision of 17 single family lots. The property is zoned R-1, Single Family, and is located immediately north of Parkside 3rd Addition. The plat provides critical connection between Parkside 3rd and Westwind. Three variances were previously approved for Lots 6, 7, and 8 of Block 1 to allow deviation from lot width and setback requirements. City Council Meeting Date: 3 June 1997 Findings of Fact:* act Based on review of the application and evidence received,; the City Council now makes the following findings of fact and recommendation: 1) The legal description of the subject property is as follows: (see attached) 2) The Planning Report dated 1 October 1996 and the Planning Report Addendum dated 5 May 1997, prepared by NAC, Inc. and the 12 May 1997 report prepared by SEH are incorporated herein. 3) On 8 October 1996 and 13 May 1997 the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a published and mailed notice. Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council approve the project. Decision: Based on the foregoing considerations and applicable ordinances, the applicant's request has been approved based on the most current plans and information received to date, subject to the following conditions: The side lot lines of Lots 1, 2, and 3, and the rear lot line of Lot 4, all of Block 2 are revised to be in conformance with the City Subdivision Ordinance, as stipulated by the City Engineer and City Planner. All lot lines within the plat must be perpendicular to straight streets and radial to curvilinear streets and side lot lines must be shown as a single line segment from front to rear. 2. Structure locations on Lots 6, 7, and 8 of Block 1 may be placed ten feet in front of the required front setback line (which may be at a point where the lots are less than ninety (90) feet wide), provided that minimum side yard setbacks can be met. A parking lot containing a minimum of six (6) stalls is installed by the developer on land dedicated to the City as parkland. A portion of the land is located within Parkside 4th and should be designated as parkland on revised plans. The lot should contain one handicapped stall and a means for cars to turn around before re-entering the street right- of -way. The park land configuration is found to be acceptable to the City Council and the remaining dedication requirements are satisfied with a cash payment as determined by the City Planner and City Attorney. An eight foot off-street asphalt trail is constructed along the south side of Kalenda Drive from the stub trail which exists in Westwind, through Parkside 4th and continuing south across 57th Street to make connection with the recently acquired parkland in Parkside 3rd. The trail shall be separated from the curb a minimum of three (3) feet, but preferably five (5) feet. Evergreen trees are planted at the rear of single family lots which abut the commercial property to the east in a single row. The plantings shall be of the same species, size and spacing that was required for Parkside 3rd and shall be installed during the 1997 growing season. I. All grading, drainage and utility issues are reviewed and approved by the City Engineer. The developer will stub sewer and water into Westwind Park as part of -required park dedication requirements. The City Attorney prepare a grading contract for Parkside 4th which stipulates the requirements for completion, reseeding, and monetary assurances to see that the work will be completed properly. Adopted by the Albertville City Council this 3rd day of June 1997. Attest: City of Albertville a Mark Olsen, Mayor Linda Houghton, City Clerk pc: Don Jensen, Gary Hale, Linda Houghton, Mike Couri, Pete Carlson K 5-14-97 CITY OF ALBERTVILLE Planning Commission Findings of Fact & Recommendation Applicant's Name: Parkside 4th. Kenco Request: Kenco has submitted a preliminary and final plat for the subdivision of 17 single family lots. The property is zoned R-1, Single Family, and is located immediately north of Parkside 3rd Addition. The plat provides critical connection between Parkside 3rd and Westwind. Three variances were previously approved for Lots 6, 7, and 8 of Block 1 to allow deviation from lot width and setback requirements. Planning Commission Meeting Date: 8 October 1996 and 13 May 1997 Findings of Fact: Based on review of the application and evidence received, the Planning Commission now makes the following findings of fact and recommendation: 1) The legal description of the subject property is as follows: (see attached) 2) The Planning Report dated 1 October 1996 and the Planning Report Addendum dated 5 May 1997, prepared by NAC, Inc. and the 12 May 1997 report prepared by SEH are incorporated herein. Recommendation: Based on the foregoing considerations and applicable ordinances, the applicant's request for preliminary and final plat approval has been approved based on the most current plans and information received to date, subject to the following conditions: 1. The side lot lines of Lots 1, 2, and 3, and the rear lot line of Lot 4, all of Block 2 are reviewed and approved by the City Engineer. 2. Structure locations on Lots 6, 7, and 8 of Block 1 may be placed ten feet in front of the required front setback line (which may be at a point where the lots are less than ninety (90) feet wide), provided that minimum side yard setbacks can be met. 3. A parking lot containing a minimum of six (6) stalls is installed by the developer on land dedicated to the City as parkland. A portion of the land is located within Parkside 4th and should be designated as parkland on revised plans. The lot should contain one handicapped stall and a means for cars to turn around before re-entering the street right- of-way. 4. The park land configuration is found to be acceptable to the City Council and the remaining dedication requirements are satisfied with a cash payment as determined by the City Planner and City Attorney. 5. An eight foot off-street asphalt trail is constructed along the south side of Kalenda Drive from the stub trail which exists in Westwind, through Parkside 4th and continuing south across 57th Street to make connection with the recently acquired parkland in Parkside 3rd. The trail shall be separated from the curb a minimum of three (3) feet, but preferably five (5) feet. 6. Evergreen trees are planted at the rear of single family lots which abut the commercial property to the east in a single row. The plantings shall be of the same species, size and spacing that was required for Parkside 3rd and shall be installed during the 1997 growing season. 7. All grading, drainage and utility issues are reviewed and approved by the City Engineer. 8. The developer will stub sewer and water into Westwind Park as part of required park dedication requirements. 9. The City Attorney prepare a grading contract for Parkside 4th which stipulates the requirements for completion, reseeding, and monetary assurances to see that the work will be completed properly. Adopted by the Albertville Planning Commission this 13th day of May, 1997. Attest: City of Albertville an Donatus Vetsch, Chairman Linda Houghton, City Clerk pc: Gary Hale, Linda Houghton, Mike Couri, Pete Carlson, Don Jensen 2 I ~O O .71. Pilot Land Development Co. 13736 Johnson .Street N.E. Ham Lake, Mn. 55304'���SJC�� 4P, Phone No. 757-4052 Prepared By MEYER-ROHLIK INC ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612-682.1781 Robert L. Rohlin, Land Surveyor License No. 7439 Phone No. 612-682-1781 Sept. 20, 1996 Revised 10.30.96 Revised 4.11.97 Description That part of the north 35.00 acres of the Northeast Quarter of Section 2, Township 120, Range 24, Wright County, Minnesota, described as follows: Commencing at the northeast corner of the said Northeast Quarter; thence South 10 07' 12" West, assu.�:--d. bearing, along the east line of the said Northeast Quarter, a distance of 169.00 feet; thence South 890 42' G5" West, a distance of 562.92 feet to the actual point of beginning; thence cont3-nue South 890 42' 0511 West, a distance of 774.06 feet; thence South 0° 50. 2611 West, a distance of 394.00 feet to the south line of tt.e north 35.0 acres of said Northeast Quarter; thence North 890 41' 56" Eastalong the said south line, a distance of 774.06 feet; .thence North 00 50' 26" East, a distance of 394.00 feet to the point of beginning. Containing 7.0 acres. Also including Outlot C and Outlot D, Parkside Third Addition. Containing 1.6 acres. Edge of Wetland 113 S. FIFTH AVENUE, PC BOX 1717, ST. CLOUD, MN 56302-1717 320 252-4740 800 572-0617 320251.8760 FAX ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION TO: Garrison Hale City Administrator Albertville, MN FROM: Peter J. Carlson, P.E. City Engineer DATE: May 12, 1997 RE: Preliminary Plat, Grading, Utility, and Drainage Plan Parkside Fourth Addition SEH No. A-ALBEV 9701.00 I have reviewed the above referenced plan and have the following comments: Preliminary Plat 1. Lot widths at the setback line are less than 90 feet on Lots 6 - 9, Block 1. Revise the lot widths. 2. The drainage ponds are shown as outlots. It has been the City's policy to plat detention ponds with the adjacent lot. Revise the plat accordingly. Grading, Drainage, and Erosion Control Plan 1. A tile line is required along the rear lot lines of Lots 1 - 8, Block 1, and connect to the proposed storm sewer or outlet into a detention pond. This file line is required to allow direct connection of sump pumps from future homes. 2. There should be a curb opening in the proposed parking lot to allow drainage into the detention pond. Erosion control shall be installed at the outlet to protect the slope: 3. Indicate turf restoration for the detention pond areas on the plan. Wetland Mitigation Plan 1. Submit plan to Wright Soil and Water Conservation District and the Corps of Engineers for permit. If you have any questions please call me. djg c: Linda Houghton, City Clerk Mike Couri, City Attorney Elizabeth Stockman, NW Assoc. Consultants Meyer-Rohlin, Inc. SH HEND 1W %?t XW-""'?T. PAUL, MN MINNEAPOLIS, MN CHIPPEWA FALLS, WI MADISON, WI LAKE COUNTY, IN EQUAL OPPORTUNITY EMPLOYER " NORTHWEST ASSOCIATED CONSULTANTS NwWI N CM%%UO# COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT ADDENDUM TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Elizabeth Stockman DATE: May 5, 1997 RE: Albertville Parkside 4th Addition Replat FILE: 163.06 - 97.10 Background Kenco/Pilot Land Development has submitted a replat of the previously approved Parkside 4th Addition preliminary plat showing the same number of lots (17) as previously and is also requesting simultaneous final plat approval. The replat is necessary because the Wright County Soil and Water Conservation District would not approve old Lot 1, Block 2 because of its impact on adjacent wetlands. The replat shows this area as an outlot and the remaining area on the south side of Kalenda Drive which was previously 5 lots now has 6 lots. The three variances which were approved for Lots 6, 7, and 8 of Block 1 remain valid to allow for the deviation in lot width. This report is an addendum to the 1 October 1996 report and therefore only aspects of the design that have changed and outstanding issues will be addressed. The following items have been highlighted as issues to be resolved prior to approval of the replat. Exhibit A - Site Location Exhibit B - Previously Approved Plat Exhibit C - Revised Preliminary Plat Exhibit D - Revised Grading, Drainage and Erosion Control Plan Exhibit E - Revised Wetland Mitigation Plan Exhibit F - Final Plat Lot Sizes and Configuration All lots meet the minimum lot size and setback requirements (with the approved exception of Lots 6, 7 and 8 of Block 1) as required under the R-1, Single Family Residential designation. However, the side lot lines of Lots 1, 2, and 3 and the rear lot line of Lot 4 of Block 2 do not comply with the Subdivision Ordinance requirement that all side lot lines to be at right angles to straight street lines and radial to curved street lines unless topographic conditions necessitate 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 6 1 2-595-9636 FAX 61 2-595-9837 E-MAIL NAC@ WINTERNET.COM a different arrangement. The proposed Parkside replat would require the approval of a variance to allow this deviation or the plat must be reconfigured. The configuration of side lot lines which are not perpendicular to the street are desired by the developer as a means of gaining an additional lot. Under this scenario, hardship cannot be demonstrated that is not solely economic in nature to justify approval of the variance(s). Park Land Dedication A small (+/-12,420 sf) area of the plat is still shown as parkland, although its configuration has changed slightly along with the parking lot design. Of the total 8.6 acre plat area, a land dedication at five percent would provide 18,731 sf of park. The park area as shown on the plat represents three percent of the total land area, thus the remaining park dedication requirement will have to be satisfied with a cash contribution. Conclusion Pending resolution of the side lot line issue discussed herein, we recommend approval of the Revised Preliminary and Final Plats for Parkside 4th Addition subject to the following conditions: 1. The side lot lines of Lots 1, 2, and 3, and the rear lot line of Lot 4, all of Block 2 are revised to lie perpendicular to the street. 2. Structure locations on Lots 6, 7, and 8 of Block 1 may be placed ten feet in front of the required front setback line (which may be at a point where the lots are less than ninety (90) feet wide), provided that minimum side yard setbacks can be met. 3. A parking lot containing a minimum of six (6) stalls is installed by the developer on land dedicated to the City as parkland. A portion of the land is located within Parkside 4th and should be designated as parkland on revised plans. The lot should contain one handicapped stall and a means for cars to turn around before re-entering the street right- of-way. 4. The park land configuration is found to be acceptable to the City Council and the remaining dedication requirements are satisfied with a cash payment as determined by the City Planner and City Attorney. 5. An eight foot off-street asphalt trail is constructed along the south side of Kalenda Drive from the stub trail which exists in Westwind, through Parkside 4th and continuing south across 57th Street to make connection with the recently acquired parkland in Parkside 3rd. The trail shall be separated from the curb a minimum of three (3) feet, but preferably five (5) feet. 6. Evergreen trees are planted at the rear. of single family lots which abut the commercial property to the east in a single row. The plantings shall be of the same species, size and spacing that was required for Parkside 3rd and shall be installed during the 1997 growing season. 2 7. All grading, drainage and utility issues are reviewed and approved by the City Engineer. 8. The developer will stub sewer and water into Westwind Park as part of required park dedication requirements. 9. The City Attorney prepare a grading contract for Parkside 4th which stipulates the requirements for completion, reseeding, and monetary assurances to see that the work will be completed properly. pc: Gary Hale, Linda Houghton, Pete Carlson, Mike Couri, Don Jensen 3 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA NORTHWEST ASSOCIATED CONSULTANTS. INC. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MN 55416 PHONE: 612595-9636 FAX: 612-595-9837 9-11-96 EXHIBIT A Z §gsxaisYse i a' �i I' •• .. W PH .QCZ Q N e vim• ��• d i S ••��,('�. t 15 to t' j z A Z- 8gaig:a«aslet \ I I �.: Z C17 E t 6 it A CI :3:Eo�$M'«�8 u_ N QI a s ,,' ; `♦♦ . \fir � c g fi.:. ti= !t .� '' ///// /i ��-`���`� `-i�In ♦♦'. Q.a y � pC .d' � ; y� jj. !i ! � ' 1 � '' /i �'\� ��;.• it t I ,: ,� � �•� e� `mil 't ) .' /' `♦, ' o \ `' � '$ F. ti l° :>:8; lUl I i, 3t hit / ♦ i _ man -,_ g„ _s i.1 _ 1 e • � 3 s t t i 1 1 ) Ki S.I 3 a id:io�«.gr.yn� '!f11C Ia1fG.M ao MZ ?m I -^---- ......... I 11 I � � 'C y3 rt U1 Q qy y �' 8 S• S S 7i i � I , ' I I ni �l I eIL/ .�^•g ��� -� ' � j l� e I P � �^�\ r:, Z ; � I1 1 _ k'I �I ly �I 1 1.� �:` � 1� � •a ,� �1 ice- - 1P.y.• _.. _ I I I 1 4 'o � 3 �. _ p.: ,ire, a :e I . � � I " �' , i + I •I / 3 .. t ,1• I 1 p _ ^ram _ � � �. � w _ I � _ / • / 00 -_____.°? r 1� It' F� I�� ! �~ ��✓e `I r3 •.I li 1 ! r' $ � , I �a � - -- :1'. , wl -11'F �i \v ,P� ICI .i__+ ' •_ L ..:i:-.il_iir�-r-�zzrn — r ' � •I�S�N �•� F ;^ J�� 1 � 14 �. I.1 I�i i N w o'er I N o, or z i t - ;mo d, J i yy f ✓` / / I \\ { — Kwlleom•..a•�aoroi•�'rx a -"g-. a, r���t ¢ e /l 1 � i r a ` `,\ •79.57 1 -z '_�., • _ 1 •L�4its 7_ �I{Y •� t-_ 1 _ 1 I f ••� ` I r Ill' ,, s n /NO^77Z6`•E _ -____• "' !`tee Si'c{ 3is; �{�� � � x%�' , �a � �*` �_- �' � / \/ � •�� g s rorir w CD I_ "�" = "`•YX n" n 8 d 3 x ^ coo v (n � 11 � rg"ox,;N•a�$s� l=S �� r�a s F d °� Z r O all - W ' -j _3 7C0 y a a �Yx�nf�e O > `. z Ov _ o az zv m x m C13 q m ra rn C) > 0 z 6 d(a) SUMMARY OF EM PORTANT POINTS OF PARKSIDE FOURTH ADDITION DEVELOPER'S AGREEMENT Below is a summary of the major points of the Parkside Fourth Addition Developer's Agreement. Because the fine points of the agreement have been left out of this summary, please refer to the Agreement itself for more detail regarding the terms of the agreement. This Developer's Agreement is similar to the Developer's Agreements the City has used in the past. Paragraph # (Referencing paragraph in Developer's Agreement) 1. The Developer (Pilot Land Development Company) will install municipal improvements (roads, storm sewer, sanitary sewer, water main, etc.) as detailed in the Plans and Specs for Parkside Fourth Addition. The improvements will be warranted for a period of two years from the date of acceptance. All municipal improvements will be installed by October 31, 1997, except the final wearing course of bituminous which will be installed next spring. The Developer will warrant the municipal improvements for two years. The City will be responsible for snow plowing when the base course is installed, the utility castings have been adjusted and at least one of the homes is occupied. 2. The Developer will construct on- and off -site improvements (sod, trees, driveway approaches, etc.), to be completed by July 31, 1999. Developer also will install street lights, street signs, and have electrical, natural gas, and telephone service installed underground. 3. Developer will construct single family homes only on the plat. 4. Developer agrees to post a surety with the City in the amount of $202,200.00 as security to assure that all municipal improvements and on- and off -site improvements will be installed. The security represents 100% of the estimated costs of the municipal improvements and 50% of the cost of on- and off -site improvements. 5. Developer can request a release or reduction of the letter of credit when all or a portion of on and off -site improvements have been installed. 6. Developer will pay the City $4,300.00 in Sanitary Sewer Trunk Line fees. This figure represents the $1,400.00 per acre charge, multiplied by 8.6 acres, less the $900 per acre credit pursuant to the Parkside 3'd Developer's Agreement. 1 8. Developer will pay all City costs and expenses related to the project. 9. Developer will comply with the erosion control plan. 11. Developer will keep the construction sites clean and will repair any damage to public property due to construction on the plat. 13. If building permits are issued prior to completion and acceptance of public improvements, Developer assumes all liability for damage to public improvements from such activity. However, buildings can be occupied upon installation of class five gravel and concrete curbing (as opposed to installation of paved streets). 14. The City can draw on the surety prior to its expiration if a new surety is not provided at least 45 days prior to the expiration of the letter of credit. 15. If the Developer defaults on any portion of the agreement, the City will give the developer 30 days notice of such default prior to drawing upon the letter of credit. 16. Because of the installation of the asphalt trail, there were no park dedication fees due to the City 17. This agreement applies to Parkside Fourth Addition and not to any other development or phase of development. 18. Developer holds the City harmless from claims made by Developer and third parties for damages sustained as a result of plat approval and development 20. Developer will pay all reasonable attorney's and other fees incurred by the City if the City must sue to enforce this agreement. 22. The agreement will bind all successors and assigns of the Developer. 2 CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT PARKSIDE 4th ADDITION THIS AGREEMENT, entered into this day of , 1997 by and between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City►►; WTTNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit A, attached hereto and incorporated herein by reference, a portion of which parcels of land are proposed to be subdivided and platted for development, and which subdivision, which is the subject of this agreement, is intended to bear the name "Parkside 4th Addition" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's plat of Parkside Addition 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, grading, sanitary sewer, water, storm sewer and streets (hereafter "Municipal Improvements") be installed to serve the Subject Property and other properties affected by the development of Developer's land, to be installed and financed by Developer; WHEREAS, the City further requires that certain on- and off --site improvements be installed by the Developer within the Subject Property, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, asphalt trail, parking lot, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and agreements of the parties concerning the development of the Subject Property; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1 1. Construction of Municipal Imarovements. A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Parkside 4th Addition, as prepared by Meyer-Rohlin, Inc. dated April 11, 1997 as on file with the City Clerk, said improvements to include installation of water mains, sanitary and storm sewers, storm water ponding, site grading, curb and gutter, and paved streets. 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 by October 31, 1997, with the wear course of bituminous pavement to be installed after May 15, 1998 but before August 30, 1998. B. 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. C. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. D. Developer shall grade all lots at the same time as the street grading is performed, and shall grade such lots in a manner which will allow for adequate drainage from the lot. E. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such tunes as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. F. Developer shall be responsible for plowing snow on all streets in said plat until the base course is installed, the castings have been adjusted and at least one of the homes is occupied. Upon the occurrence of these three events, the City shall be responsible for snowplowing. Until the installation of the wear course of bituminous pavement, the Developer shall repair, at its expense, any damage occurring to the base course, castings or other improvements from said City snow plowing, and said snow plowing shall not be deemed an acceptance of the streets by the City. 2. Construction of On- and Off Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of boulevards, street signs, traffic signs, yard top soil, sod in all front and side yards, grass seeding in back yards, grading control per lot; bituminous or concrete driveways, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Said on- and off -site improvements shall be installed no later than July 31, 1999, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Subject Property. B. Developer shall place screening consisting of 6-foot evergreens 15 feet on center along the east end of the residential property (between the residentially - zoned portions and the commercially -zoned property to the East). Said evergreens shall be installed during the 1997 growing season. C. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed underground, within the street right of way, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Northern States Power or other such carrier, ii. Natural gas supply, to be provided by Minnegasco or other such carrier, iii. Telephone service, to be provided by Sprint(United Telephone Company or other such carrier•, iv. Cable television, to be provided by Jones Intercable or other such carrier. In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. D. Developer has submitted a utility plan for Said Plat showing all existing and proposed utility lines and easements, attached and incorporated herein as Exhibit B. Developer agrees to have all utilities installed according to this plan. E. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, 3 electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot F. Notwithstanding the requirements of subparagraph 2A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel within sixty (60). days of the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1st and before March 30th in any given year, in which case said improvements shall be so completed by the following June 15th. G. Developer shall install storm water retention/water quality ponds upon Said Plat as shown on the Grading and Drainage Plan attached as Exhibit C. Said ponds shall be dedicated to the City, and Developer shall provide the City with perpetual drainage easements over such ponds. Said retention ponds shall be installed prior to the installation of streets or utilities. 3. Intended Use of Subdivision Lots. It is the Developer's and City's intent that single- family detached dwelling units be constructed on the lots in Said Plat (one unit on each lot). Developer agrees that it shall not construct any units other than said single-family detached dwelling units on the land in Said Plat. 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 under this contract shall be performed. Said letter of credit or surety shall be in the amount of $202,200.00 representing 100% of the estimated cost of the Municipal Improvements ($175,000.00) and 50% of the estimated cost of the on- and off -site improvements ($27,200.00). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety 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 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 4 period, or to otherwise fiff l the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refiuid to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. E. 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. 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 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 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 fiirnished 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. As to all requests brought under this paragraph A, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. 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. Sanitary Sewer Trunk Line Fees. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance requires the Developer to pay $1,400.00 per acre in sanitary sewer trunk line fees. There are 8.6 acres in said plat. However, per the agreement outlined in Parkside 3`d Addition Developer's Agreement, paragraph 2, pages 2-5, the developer will be credited $900.00 per acre prior to the installation of a sanitary sewer trunk line. Therefore, the Developer shall be required to pay $4,300.00 ($500.00 x 8.6 acres). Developer will pay said fee prior to the release of the final plat by the City. 7. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, 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 the Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may withdraw Rinds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. 8. 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, 6 engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of the Said Plat without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 9. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit D. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 10. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property 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 which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. In the event the Developer fails to clean up, maintain or repair the damaged public property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer shall have thirty (30) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council. In the event that Developer fails to so clean up, repair or maintain said- public property, the City may 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, funds sufficient to pay the bill may be withdrawn by the City from the surety described above and/or assessed against any or all of Said Plat. 12. Temuorary Easement Rights. Developer shall provide access to the Subject Property 7 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. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, 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, matterialmen, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have class five gravel and concrete curbing installed, unless a specific exception is approved by the City. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property via a short -form companion document referencing this agreement. After the Developer has completed all work and obligations required of it under this Contract (including the expiration of the warranty period), at the Developer's request, the City will execute and deliver to the Developer a release of its obligations under this agreement. F. All municipal water concerns will be handled by the Joint Powers Water Board. No connections to the water system will be permitted until the Board has given final approval. G. The Developer represents to the City that the Plat 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 the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease 8 work until there is compliance. H. Prior to the execution of this agreement and prior to the start of any construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. 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. I. Developer shall comply with all water, ponding and wetland related restrictions as contained in the March 14, 1997 letter from the Wright County Soil and Water Conservation District (said letter is on file with the City Clerk). 14. Draw on Expiring Letter of Credit. 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 completed, 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 expiring letter of credit. If a new letter of credit is not received as required above, the City may 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 said irrevocable letter of credit must be approved by the City Attorney prior to its issuance. 15. 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 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 of the Developer use all of the deposited cash, irrevocable letter of credit or other surety funds to complete the Developer's obligations under this agreement, and to bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. B. Paragraph 15A shall not apply to any acts or rights of the City under paragraph 14 above, 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 9 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. C. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 16. Dedications to the City. A. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all roads, road right of ways, sewers and water mains to the City. Upon acceptance of dedication, Developer shall provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Developer shall install an eight foot off-street asphalt trail along the south side of Kalenda Drive from the stub trail which exists in Westwind, through Said Plat and continuing south across 57I' Street to make connection with the parkland in Parkside 3'd Addition. The trail shall be separated from the curb a minimum of three (3) feet, but preferably five (5) feet. C. Developer acknowledges that a total of 0.43 acres of park land (8.6 acres of residential land x .05) are needed under the City's current park dedication ordinance. The Developer is dedicating 3,793 square feet (0.87 acres) of park land with this plat, which represents 20% of the land required for dedication. Developer and City have agreed that the remaining 80% of park dedication requirement shall be paid to the City in the form of cash totaling $6,800.00 (17 lots x $500.00 per lot x 80%). However, developer shall be credited with the installation of the asphalt trail outlined above. The estimated cost of the installation of the trail is $9,500.00. Therefore, developer's total park 2t 20 dedication fee due is $0.00 ($6,800.00 - $9,500.00). Any underage or overag in the estimated cost of the trail shall be exchanged upon proof from the developer of expenses incurred in the installation of the trail. Developer shall receive a credit toward future development fees should there be an overage. Payment of said park dedication fee shall occur prior to release of the final plat. Developer agrees to stub sewer and water into Westwind Park as part of the required park dedication requirements, at developer's sole expense. Developer agrees to install a parking lot containing six (6) stalls on the land dedicated to the City as parkland, at developer's sole expense. The lot shall contain one handicapped stall and a means for all cars to turn around before re-entering the street right-of-way in a forward facing position. 10 17. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 18. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys fees. Third parties shall have no recourse against the City under this contract. 19. Assienment of Contract. The obligations of the Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 20. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terns of this Agreement. Said fees include attorneys 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. 21. 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% City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (612) 497-3384 11 Pilot Land Development Company, Inc. c/o Kent Roessler 13736 N.E. Johnson Street Ham Lake, MN 55344 Telephone: (612) 757-9816 22. 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 Its Mayor By Its Clerk PILOT LAND DEVELOPMENT COMPANY, INC. By Kent Roessler Its President By Its 12 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1997, by Mark Olson, 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 , 1997, by Linda Houghton, 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 , 1997, by Kent Roessler, as President of Pilot Land Development Company, Inc. Notary Public 13 STATE OF MQNNJESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1997, by of Pilot Land Development Company, Inc. Notary Public 14 EXHIBIT A TO DEVELOPER'S AGREEMENT The Real Properly subject to the Developer's Agreement is legally described as follows (prior to platting): That part of the north 35.00 acres of the Northeast Quarter of Section 2, Township 120, Range 24, Wright County, Minnesota, described as follows: Commencing at the northeast corner of the said Northeast Quarter; thence South 10 07' 12" West, assumed bearing, along the east line of the said Northeast Quarter, a distance of 169.00 feet; thence South 89° 42' 05" West, a distance of 562.92 feet to the actual point of beginning; thence continue South 89° 42' 05" West, a distance of 774.06 feet; thence South 0° 50' 26" West, a distance of 394.00 feet to the south line of the north 35.0 acres of said Northeast Quarter; thence North 89' 41' 56" East along the said south line, a distance of 774.06 feet; thence North 0° 50' 26" East, a distance of 394.00 feet to the point of beginning. Containing 7.0 acres. Also including Outlot C and Outlot D, Parkside Third Addition Containing 1.6 acres. The Real Property subject to the Developer's Agreement is legally described as follows (after the filing of the Parkside Fourth Addition Plat): Lots 1 through 11, Block 1 Lots 1 through 6, Block 2 Outlots A and B All said lots in Parkside Fourth Addition, City of Albertville, County of Wright, Minnesota. E7U1BIT B Utility Plan EIMIT C Grading and Drainage Plan EXM1T D Erosion Control Plan GRADING CONTRACT Parkside Commercial Park AGREEMENT dated June , 1997 by and between the CITY OF ALBERTVILLE, a municipal corporation ("City"), and PILOT LAND DEVELOPMENT COMPANY, INC., a Minnesota corporation (the "Developer"). 1. REQUEST FOR GRADING APPROVAL. The Developer has asked the City to approve the grading for Parkside Commercial Park (a future plat referred to in this contract as "Parkside Commercial"). The legal description for Parkside Commercial is described on the attached Exhibit "A", and the Developer wishes to grade Parkside Commercial before preliminary plat approval. 2. CONDITIONS OF APPROVAL. The City hereby approves the grading on the condition the Developer enter into this Contract, abide by its terms and fiunish the security required by it. 3. GRADING AND DRAINAGE PLAN. Parkside Commercial shall be graded in accordance with the Grading and Drainage plan dated May 21, 1997 and on file with the City of Albertville. The plan shall not be attached to this permit. If the plan varies from the written terms of this permit, the written terms shall control. 4. TIME OF PERFORMANCE. The Developer shall complete the grading and erosion control by September 30, 1997. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. EROSION CONTROL. Developer shall implement all erosion control measures detailed on the Grading and Drainage plan (including construction of all ponds) in the order required by the City Engineer. Developer shall also implement any additional erosion control measures required by the City Engineer or the Wright County Soil and Water Conservation District. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchored as necessary for seed retention. 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 City Engineer or Wright County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. 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. No development will be allowed and no building permits will be issued unless Parkside Commercial is in full compliance with the erosion control requirements. 6. GRADING PLAN. Parkside Commercial shall be graded in accordance with 1 the Grading and Drainage Plan. Within thirty (30) days after completion of the grading and before the City releases the security, the Developer shall provide the City with an "as constructed" grading plan. 7. CLEAN UP. The Developer shall promptly clean dirt and debris from streets that has resulted from construction work by the Developer, its agents or assigns. 8. SECURITY. To guarantee compliance with the terms of this permit and to reimburse the City for any damage to public property as a result of the grading permitted herein, the Developer shall furnish the City with a cash escrow or irrevocable letter of credit from a bank ("security") for $5,000.00. The bank and form of the letter of credit shall be subject to the approval of the City Attorney. The letter of credit shall be for a term ending September 30, 1998, and shall be renewed annually by the Developer until all grading is complete as specified herein. The City reserves the right to draw on the letter of credit anytime within 45 days of its expiration if the Developer does not provide the City with a renewal or an acceptable substitute letter of credit. 9. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the grading and erosion control, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the permit, the preparation of this permit, and all costs and expenses incurred by the City in monitoring and inspecting the grading and erosion control. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting form permit approval and work done in conjunction with it. The Developer shall indemnify the City and its officers and employees for all costs, damages and expenses which the City may pay or incur in consequence of such claims, including attorneys fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this permit, including engineering and attorney's fees. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all work and construction. 10. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default not less than 48 hours in advance. This permit is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 2 11. PLAT APPROVAL. The City's approval to grade Parkside Commercial is given without prejudice to the City's right to approve or deny the preliminary or final plat. CITY OF ALBERTVILLE BY: Mark Olson, Mayor AND Linda Houghton, City Clerk DEVELOPER PILOT LAND DEVELOPMENT COMPANY, INC. BY: Its President STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 1997, by Mark Olson 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 3 STATE OF M NNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 19971, by Linda Houghton, 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 NI NNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , .1996, by Kent Roessler, as President of Pilot Land Development Company, Inc. BY: Michael C. Couri Radzwill & Couri P.O. Box 369 705 Central Ave. E St Michael, MN 55376 Notary Public 4 JNTY QA I Z 47 'Lj dY U3s5 RICHARD W. NORMAN County Coordinator June 6, 1997 COUNTY OF WRIGHT 10 2nd Street NW, RM 235 Buffalo, Minnesota 55313-1188 Tel: (612) 682-7378 1-800-362-3667 Fax: 612-682-6178 Mr. Garrison Hale City Adm. City of Albertville 5975 Main Ave. N.E., P.O. 9 Albertville MN 55301 Dear Mr. Hale: 69, R KEN JUDE First District PAT SAWATZKE Second District JACK RUSSEK Third District JUDIE ROSE Fourth District DICK MATTSON Fifth District Please be advised that the County Board of Commissioners, in cooperation with the County Sheriff and County Attorney, has established rates for contract patrol services for 1998 and 1999. The rate for 1998 shall be $35.55/hour. The rate for 1999 shall be $36.75. As you are aware, the current contract states that municipalities must notify the County in writing prior to August 15 regarding any change in the number of hours to be contracted for in the coming year. Please provide this information if you anticipate an increase or decrease from current contract hours. Once again, it is felt that by setting the rate for two years, jurisdictions will be able to consider rates in their budget discussions and analyze their particular contract needs. Respectfully, Richard W. Norman County Coordinator RN/srb Equal Opportunity / Affirmative Action Employer NffNNESOTA Department of Revenue • Property Tax Division Mail Station 3340 . a 5 Phone (612) 296-5141 Fax (612) June 5, 1997 TO: ALL CITY CLERKS, ADMINISTRATORS, MANAGERS, AND FINANCE DIRECTORS RE: CHANGES IN THE CERTIFICATION OF LOCAL PERFORMANCE MEASURES FOR LOCAL PERFORMANCE AID PAYABLE IN 1998 Laws 1997, Chapter 231, Article 11, Section 7 provides for changes to the local performance aid (LPA) statute (Minnesota Statutes, Section 477A.05). In order to qualify for LPA in 1998, a city must affirm that (1) the aid will result in a reduction in property taxes at least equal to the amount of aid received, and (2) the city will spend the aid on programs for which it has developed a system of performance measures and that these measures will allow for the measurement of continuous improvement and will be regularly compiled and presented to the city council at least once a year. The city must identify the program or programs that are to be funded with the aid. The city is eligible for aid if it affirms that it is in the process of developing and implementing a system of performance measures for the program or programs for which the aid is being sought. However, the aid may not be spent on the program or programs until the performance measurement system has been instituted, unless the aid is being used to establish the performance measurement system. Local performance aid will be determined as follows for calendar year 1998: Laws 1997, Chapter 231, Article 11, Section 7 provides for $440,000 in addition to $4,107,673 (the amount paid in 1997) plus an inflation adjustment based on the implicit price deflator. A per capita aid amount will be determined by dividing the total aid available by the total population of all cities that qualify for the aid. Each qualifying city then receives an aid amount based on its population times the per capita aid amount. Distribution of LPA is based on yearly certifications for each qualifying city. Cities are required to submit an annual certification in order to receive LPA payable in calendar year 1998 and subsequent years. LPA will be paid in two equal installments on July 20 and December 26 of 1998. Qualifying cities will receive a certification of their 1998 LPA by July 31, 1997. As mentioned above, your city may qualify for LPA by (1) affirming that this aid will result in a reduction in property taxes equal to the amount of aid received and that (2) your city will spend the aid on programs for which it has developed a system of performance measures and that these measures will allow for the measurement of continuous improvement and will be regularly compiled and presented to the city council at least once each year. (continued) An equal opportunity employer TDD: (612) 215-0069 z O 3 w c M M L to c. C. A s w 0 0 s n 0 c a v m m m H cr O A 0 '3 Q 0 eD 0 = d V� 0 0 go 0 W � aA ay d 0 � d 17 40 Fo ��► ft CD C O 0 oa x a ai p C W 0 co w V O c eD 0 0 c 0 Q 0 W N S Q O (D O ? O N m m 0 a o A (DD (D ^ 3 ? d CD ^' m w � C �p Sp @ N 3 v CD o m � v N o CD m n=ri 3 Nv o � 0 Sr 3 O , c mm Q Q- m o. c o a N O O O O0 S N A m . � 3 ? 0 m r: o CA A. m a ah a m 3 N �. 'Op o a m mro 01 c A m 41 m N, 3 -o .0 °� • O 3 o lu = o3i m � m a n 3 �2 (D — a N CD m 1 N M w CD �tua va0 o .°'-�. m 3 �. ca co MCD@ n 3 3 a N o -v N ai co ' 3 nN 57 cn z O v " o CD N (A '< O 0 M Fr CD to3 3 3 =r o c o o a) o 'O o m c ol 3 � w A Q m � v CL CD f�D N A C M r+ Q •J � a c A m cn z O O z d m d a v 0 A J r- � .4C CD C� A pl 3 CD -v C � h o r tD � a 0 Q 3 CD CO CD CO CA 0o c C N Gary and Linda, Would each of you please complete a list of the duties that you perform for the city, grouped into categories that follow the city's organizational structure (i.e. public works, waste -water treatment, etc.). Please also include an approximate amount of time spent on each activity, and indicate which of the duties is chargeable back to developers or other organizations. I would also like to include a few items on the next agenda. 1) Amendment to the minimum square footage on new single family home construction. Please include in the packet the documentation / basis / or reasoning used in determining the current minimum. Please have an amendment ready to pass with the new minimum square footage to be determined by the council. 2) Possible amendment to the sign ordnance - specifically the regulation of billboards within the city limits. Please get a copy of the applicable part of our ordnance, as well as St. Michael's, and Otsego's. would like to know why our section of the interstate has been flooded with billboards, but not the others. I would also like to know what we can do to prevent any additional signs from being erected, as well as how we can begin to get the existing billboards removed from our city limits (a long term plan). Thanks for your help, Mark Olsen 1100 6 Minimum Floor Area per Dwelling Unit. (a) Single Family Dwelling Units. Except as otherwise specified in the zoning district provisions or allowed as a conditional use permit, single family homes as classified below shall have the following minimum floor areas per unit. Two Bedroom 960 square feet above ground Three Bedroom 1,040 square feet above ground (b) Multiple Dwelling Units. Except for elderly housing or as allowed by conditional use permit, living units classified as multiple dwelling shall have the following minimum floor areas per unit: Efficiency Units 500 square feet One Bedroom Units 700 square feet Two or more bedroom units - an additional ` 80 square feet for each additional bedroom (c) . Elderly (Senior Citizen) Housing. Living units classified as elderly (senior citizen) housing units, except as allowed by conditional use permit, shall have the following minimum floor areas per unit: Efficiency Units 440 square feet One Bedroom 520 square feet (d) Double Bungalows Quadramiriums and Townhouses. Except as otherwise specified in the zoning district provisions or allowed as a conditional use permit, double bungalows, quadraminiums and townhouses, as'classified below, shall have the minimum floor area per one bedroom unit: Double Bungalow 650 square feet first floor above grade, plus 100 addi- tional square feet for each additional bedroom Quadraminiums, 600 square feet first floor Townhouses and above grade, plus 100 addi- similar multiple unit tional square feet for each individual entry additional bedroom structures 1100-5 00 (3) Chancre of Advertising Device. Any P change or 4e lacement of an advertising device will constitute a new advertising device requiring a new initial fee and the issuance of a new permit unless after such change or replacement the advertising device does not exceed the size requirements as provided in this Ordinance and the change is in content only. (4) Advertising Device -Renewal Fee. For each advertising device, there shall be an annual renewal fee which shall be set from time to time by the City Council by resolution on or before April 1st of each year to be applicable to subsequent renewal fees. Each permit shall expire on the 30th day of June following. ADVERTISING DEVICES Section 8. Permitted Advertising Devices: Conformance With Regulations Area. Number and Height Restrictions. Subd. 1. General Standards. Advertising devices shall comply with the standards in this section. (a) (1) The maximum area of an advertising device face, whether a single advertising device face or each face of two back-to-back or V-type advertising devices, shall not exceed seven hundred twenty (720) square feet, including border and trim, but excluding base and apron supports and other structural members, and provided further that the maximum allowable extensions shall not exceed fifteen -percent (15%) of the total advertising device area. The maximum size limitation station in this subdivision shall apply to each side of an advertising device structure and advertising devices may be placed back-to-back, or in a V-type construction (provided the angle shall not exceed ninety (90) degrees), but not more than two displays to each facing and such advertising device shall be considered as one advertising device. (2) Advertising devices shall not be erected or maintained which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate highway, of such intensity or brilliance as to cause glare or impair the vision of the operator of any motor vehicle; or which otherwise interferes with any driver's operation of a motor vehicle are prohibited. 7 (3) Outdoor advertising devices shall not be erected or maintained which shall be so illuminated that they interfere with the effectiveness of or obscure any official traffic sign, device or signal. (b) No advertising device shall be erected closer to any other such advertising device on the same side of the same highway facing traffic proceeding in the same direction than five hundred (500) feet on any interstate highway. (c) All advertising devices shall comply with the minimum setback requirements provided in the Zoning Ordinance. (d) The maximum height of any advertising device shall be thirty (30) feet from the ground. (e) The maximum length of any advertising device shall be sixty (60) feet in length. Subd. 2. Other Requirements. No advertising device shall be erected or maintained in the City in any area other than an adjacent area, and except in compliance with the applicable requirements of this Ordinance. (a) No advertising device shall be erected or maintained on any lot or parcel of land unless the lot or parcel of land is within the area zoned as agricultural, commercial_ or industrial districts under the City of Albertville Zoning Ordinance. (b) No advertising device shall be erected or maintained in that part of the City which lies south of County State Aid Highway No. 37 and west of the bridge over Interstate Highway No. 94 (202 Bridge). (c) The provisions of this section relating to permits and fees shall apply to advertising devices legally existing on the effective date of this Ordinance as well as devices that may be erected and maintained thereafter. (d) There shall be submitted, together with the fee for the annual renewal, a statement by the applicant that the owner or occupant of the property has consented to the continued use of his property for such advertising device, and adequate proof of such consent shall be submitted to the City at the time application is made for a permit or renewal. (e) Advertising device permits may be assigned. The City Clerk shall be notified in writing by the assignor of any assignment of an advertising device permit. 8 (f) The. City Council may revoke any permit granted herein after a hearing for violation of the provisions of this Ordinance, or applicable laws and regulations of the United States or the State of Minnesota, upon thirty (30) days written notice of such hearing to the permittee. The City Council, within ten (10) days after conclusion of the hearing, shall notify the permittee of its decision, and may, where appropriate, notify the permittee what he can do to retain the permit and the permittee shall in those instances have thirty (30) days therefrom in which to comply with the requirements of the City Council, if compliance would bring the advertising device into lawful conformity with this Ordinance. (g) Advertising devices erected or maintained after the effective date of this Ordinance not complying with the regulations hereof may be removed by the City upon sixty (60) days prior written notice by certified or registered mail to the owner thereof and to the owner of the real property on which such advertising device is located, provided that no notice shall be required to be given to the owner of an advertising device whose name is not stated upon the advertising device or the structure on which it is displayed, unless the name of such owner is otherwise reasonably known to the City Clerk. The period of such notice shall be computed from the date of mailing. Subd. 3. Permit Identification Number. Every permit issued by the City shall be assigned an identification number. The City shall also issue with each permit an identifying number which shall be attached to the advertising device in a conspicuous place by the permittee. The permittee shall also have his name plainly marked on each advertising device. Subd. 4. Prohibited Devices. The following advertising devices are specifically prohibited by this Ordinance: •. - - (a) Which purports to be or resembles an official traffic control device, sign or signal, or railroad sign or signal; or which hides from view or interferes in any material degree with the effectiveness of any traffic control device, sign or signal, or railroad sign or signal, or which obstructs or interferes with the driver's view of approaching, merging, or intersecting traffic for a distance not to exceed five hundred (500) feet. (b) Which predominantly displays the word "stop" or "danger". (c) On private land without the consent of the owner or occupant thereof. 9 11. (d) On trees, shrubs, or which are painted or drawn upon rocks or natural features, or on public utility poles. (e) Which has distracting flashing or moving lights so designed or lighted as to be a traffic hazard. (f) Which are structurally unsafe, in disrepair, or are abandoned. (g) Painted directly on building walls. (h) Located or maintained on land outside of adjacent area. Subd. S. Non -Conforming Advertising Devices. (a) The following are non -conforming advertising devices: (1) Devices prohibited by Section 8, Subd. 4. (2) All other devices not prohibited that do not conform to the provisions of this Ordinance. (b) A non -conforming advertising device may not be: (1) Structurally altered except to bring into compliance with the provisions of this Ordinance. (2 ) Expanded. (3) Re-established after its removal for thirty (30) days. (4) Re-established after damage of more than fifty percent (50%-) of advertising device replacement cost except to bring into compliance. (c) All non -conforming and prohibited advertising devices shall be removed or brought into conformity with this Ordinance after notification in writing within the following time periods: (1) Advertising device prohibited by Section 8, Subd. 4 - of this Ordinance: Thirty (30) days (2) For all other non -conforming advertising devices: Ten (10 ) years 491 FROM : CITY OF OTSEGO JUN. 11. 1997 4:06P111 P 1 PHONE NO. : 612 441 4414 11. IS /� e Holiday Signs. Signs or displays wh ch contain or depict a message pertaining to a religious, national, state or local holiday and no other matter, and which are displayed for a period not to exceed sixty (60) days in any calendar year. Such signs may be illuminated but may not be flashing. 12. Rummage (Garage) Sale Signs. Rummage sale signs shall not be posted more than one (1) day prior to the date (a) of sale and shall be removed within one (1) day after the and of the sale and the total of all such signs shall not, exceed sixteen (16) square feet. Rummage sale signs shall not be located in any public rights -of -way. The City Building Official, Zoning Administrator or other designated City staff shall have the right to remove and destroy signs not conforming to this provision and assess costs related to such enforcement against the property owner conducting the sale. 13. Window Signs. Where allowed, window signs shall not• exceed twenty-five (25) percent of the total area of the window in which they are displayed. _ * 14. Construction Signs. A non -illuminated construction sign confined to the site of the. construction, alteration or repair. Such sign must be removed within two (2) years of the date of issuance of the first building permit on L1,= olLt: wi. whowu ttsc parrAcular project is compietea, whichever first occurs. One sign shall be permitted for each street the project abuts. No sign may exceed thirty-two (32) square feet in area and six (6) feet in height, except signs abutting principal arterial streets which may not exceed sixty-four' (64) square feet in area B. Prohibited Signs. The following signs are prohibited: 1. Advertising Signs. Signs use o a ver se products, goods or services not exclusively related to the premise on which the sign is located are prohibited with the following exceptions: a. Signs advertising non-profit organizations are permitted subject to the restrictions imposed within the zoning district in which the sign is located. l.. T51LwuL1un41 Sigrim. As authorizea by sub-•seciclon S.B.4 of this Section. * Amended Ord. No. 96-1, 20 March 1996 198 FROM : CITY OF OTSEGO JUN. 11. 1913 7 2 : 44PM P 1 PHONE NO. : 612 441 4414 � r a. Billboards. 3. 'Motion Signs and Flashing Signs. Except time an4( temperature signs depicting a constant message as contrasted to a moving message. 4. No private sign shall be erected that resembles any official marker or sign erected of a governmental agency or shall display such words as "stop" or "danger" unless so specified by this Chapter or the City Code. S . Projecting Signs. 6. Roof Signs. ' 7. Expired Business Signs. Those signs which advertise an activity, business, product or service no longer produced or conducted on the premises upon which the sign is located shall be removed immediately upon termination of use. Where the owner or lessor of the premises is seeking a new tenant, such signs may remain in place for not more than thirty (30) days from the date of vacancy. S. Advertising or Business Signs. Such signs on or attached to equipment such as semi -truck trailers where signing is a principal use of the equipment on either a temporary or permanent basis. .r C. 20-37-4: NON-COMFORadM SIGUSs A. General Provisionns Governing Non -Conforming Signs. 1. Any legal non -conforming oh -premise sign lawfully existing upon the effective date of this Chapter may be continued at the size and in the manner existing upon such date. 2. A non -conforming sign may not be.: a. Structurally altered except to bring it into compliance with the provisions of this Section. b. Enlarged. c. Re-established after its removal or discontinuance. d. Repaired or otherwise restored, unless the damage is to less than fifty (50) percent of sign structure value, e. Replaced. (Applies to structure only and not, message.) 199 MINNESOTA ASSOCIATION OF SMALL CITIES 21950 715TH AVENUE DASSEL, MINNESOTA 55325 OFFICE/FAX 320-275-3130 STAFF June 2, 1997 NANCY LARSON Executive Director 320-275-3130 Mark Olson Potter, Mayor ELIZABETH BLAKESLEY Garrison Hale, Administrator Associate Director City of Albertville 612-224-7274 5975 Main Avenue N.E. PAT BONNIWELL Albertville, MN 55301 Admin. Advisor 320-275-2707 Dear Mayor Potter and Administrator Hale: BOARD Gail Lippert This year Kirby Puckett and the Minnesota Twin got all the news, but President they sure didn't have any successes to crow about at the end of the 1997 Greenfield legislative session. Luckily for us, however, the Minnesota Association of Small Cities, which garnered no headlines, made some solid hits on the Duane Hebert legislative front! Vice -President Renville These wins have proven once again that small cities do have a voice at Dave Miller the State Capitol and demonstrated anew the importance of a Sec'y-Treasurer constituency group for cities with populations under 5,000. But we can't Crosby do anything without members, and it's time again for us to remind cities Ray Battaglia to renew their memberships in our organization. Buhl Pam Bergeson As always, we keep our dues low, offer a 5 percent discount to Lake Park cities that pay their dues prior to August.1, and provide public Arvid Clementson finance services to member cities at a reduced cost through our Fosston affiliation with David Drown Associates. Member cities are also offered reduced rates to attend timely, semi-annual seminars offered at Bob Fragnito Nashwauk several sites across the State as well as to attend our Annual Summer Conference. Greg Isaackson Cottonwood Our Association, which currently numbers 393 cities, works on a number Paul Iverson of issues that affect small cities. Nancy Larson and Elizabeth Blakesley, Two Harbors our lobbyists, are known for their strong, visible presence before the Kal Michels Legislature, State Agencies, and the press, and for their heartfelt concern Breckenridge for the needs of Minnesota's small cities. Due to their efforts, we were Ralph Possehl instrumental in the following areas during the 1997 session: Breckenridge Nelda Remus ❖ Property taxes - Reform bills came and went during the session, calling for Zimmerman repeated meetings with groups of legislators representing small cities to Vince Schaefer warn them of the potential dangers lurking in many of these bills. In the end, Rockville the reform package was minimal, however, LGA and HACA remained intact and our efforts to exempt cities under 2,500 from levy limits won Jim Toye out - despite objections of some key legislators. Mendota Joel Young Chatfield ❖ Tax Increment Finance - MAOSC took the lead in negotiating with House members intent on placing restrictions on the use of TIF, which ensured that potentially harmful provisions became workable for small cities. This effort was rewarded in legislation that expands the use of this important economic development tool for cities under 6,000. ❖ Local Performance Aid - We're stilled not thrilled with the LPA program, but we are working with the bill's author, Rep. Andy Dawkins, to make the program user-friendly for small cities. We were also successful in stopping the Governor's attempt to eliminate many small cities, and their funding, from the program. ❖ Wastewater Infrastructure Funds - Last year's success in attaining $17.5 million in Wastewater Infrastructure Funds (WIF) was followed by a gain of $7 million this session. Since wastewater is not glamorous, funding was not supported by the Governor, and assistance is directed at the smallest, poorest cities in the State, the odds against us passing this legislation were high -- all the more reason to be pleased with the legislation. We were also able to change language in the bill that would have restricted economic development in cities receiving WIF'money. ❖ Individual Sewaae Treatment Systems - Another non -glamorous subject, but one that's the source of many problems, particularly for the 200 unsewered communities in the State. This session's legislation provides for $1 million in grant money and $4 million in loans to upgrade deteriorating systems. ❖ Wastewater Fees - Despite a request from the MN Pollution Control Agency (MPCA) for a 52 percent increase in permit fees, we were able to convince the legislature to hold the line. There will be no increases in permit fees this year. ❖ Annexation/Land Use - After years of squabbling, cities and townships were finally able to agree to changes in the annexation procedure -- and to start to mend the rift between the two units of government. We also worked closely with legislators and with representatives of townships and counties to develop a land use bill that begins to resolve some of the problems regarding unrestricted growth, particularly in un-incorporated areas, while providing flexibility for local units of government. ❖ State Agencies - While our emphasis is on legislative issues, rule -making by agencies also has a dramatic effect on our cities' work loads and finances. For this reason, we work closely with MPCA, the Environmental Quality Board (EQB), the Police Officers Standards and Training (POST) Board, the Intergovernmental Informational Systems Advisory Council (IISAC) and_other State. Agencies, ensuring that our needs are not overlooked. This is just a sampling of the issues we work on as advocates for small cities, but we can only be effective by maintaining a strong membership base. That is why I am encouraging you to join the Minnesota Association of Smafi Cities and asking you to help provide the support needed to enable our organization to continue serving as a collective voice for small cities. If you would like further information regarding our Association, please feel free to contact Nancy Larson, Executive Director, at (320) 275-3130, or Elizabeth Blakesley, Associate Director, at (612) 224-7274. Sincerely, ca l,L Uppe#,t Gail Lippert President, MAOSC Board of Directors