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1998-04-06 CC PacketALBERTVILLE CITY COUNCIL AGENDA April 6, 1998 7:00 PM 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES a. March 16, 1998, Regular Meeting b. March 26, 1998, Special Meeting 3. AUDITING CLAIMS Check Ws 10369 - 10413 4. CITIZEN FORUM - (10 Minute Limit) Frank Hardie 5. CONSENT AGENDA a. Financial Statement (March 14 — April 1) b. Approve Liquor Licenses • 152 Club, Inc. - On Sale - Off Sale l4w;,vt 7 ' (5 - Sunday "` • Albertville Bar - On Sale - Off Sale - Sunday • KD's Family Restaurant - On Sale - Sunday • Hack's - Off Sale C. Accept high bid from State Bank of Rogers for $580,000+ Certificate of Deposit 0 6. DEPARTMENT BUSINESS a. Developer's Agreement for Parkside Commercial Center b. ADMINISTRATION (1) Discuss activating EDA Commission (2) Discuss hiring fmancial firm to provide fmancial tools (3) WAC Fee - Creation of separate fund for WAC fees after debt is retired (June 1, 1998) - Discuss increase in WAC fees (4) Schedule public hearing to consider changin the building permit fees from the 1988 Fee Schedule to the 1994 Fee Schedule (Amendment to Ordinance # 1995-11) (5) Joint Powers Water Board's amended Concept Plan 2 — Comments or approval 7. ADJOURNMENT UPCOMING MEETINGSAMPORTANT DATES April 9 Board of Review Hearing 7:00 PM April 14 Regular Planning & Zoning Meeting 7:00 PM April 20 Regular City Council Meeting 7:00 PM April 27 Joint Powers Water Board 7:00 PM May 4 Regular City Council Meeting 7:00 PM I ALBERTVILLE CITY COUNCIL March 16,1998 Albertville City Hall 7:00 PM PRESENT: Mayor Mark Olsen, Councilmembers Robert Gundersen, Patti Stalberger, Duane Berning and John Vetsch, City Administrator David Lund, City Clerk Linda Goeb, City Engineer Pete Carlson and City Attorney Mike Couri Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended by removing Item 5b from the Consent Agenda and placing it as Item 7a(4). Berning made a motion to approve the agenda as amended. Gundersen seconded the motion. All voted aye. Berning made a motion to approve the minutes of the March 2, 1998, meeting as presented. Gundersen seconded the motion. All voted aye. Olsen made a motion to approve payment of Check Ws 10312 — 10315 and Check Ws 10317 — 10341 and to hold Check #10316 to Burlington Northern Railway for parkland rent at this time. The Council agreed to have the administrator and/or engineer contact the railroad to discuss the potential sale of the right-of-way that is leased to the city for the park. Stalberger seconded the motion. All voted aye. Colleen Riley expressed her concerns over the proposed vacation of Kadler Avenue that will be considered later in the meeting. She believes the City will be giving up a road that is used by many local residents which is not essential for the development of the golf course. She feels that the golf course could be redesigned to eliminate the need for the vacation of Kadler Avenue. Bob Heuring questioned the City Council about the procedures to follow if he chooses to add a commercial building on his property. Heuring was advised that he should visit City Hall during office hours to pick up the required forms to be completed for a rezoning and building/site plan review request. Bernie Marx questioned why he has an $11 per foot water assessment on his property. The council explained that the assessment is a deferred assessment from the original 1977 EDA watermain construction project. ALBERTVILLE CITY COUNCIL March 16,1998 Page 2 of 6 Marx explained he feels the City and/or Wright County should reimburse him for the trunk sewer assessment that he paid on the % acre parcel that was sold for the CSAH 19/37 Realignment Project. City Attorney Couri stated that the trunk sewer benefit was considered at the time the property was appraised. It is almost always the seller who pays the assessment on property unless the buyer agrees to accept the assessment. Stalberger made a motion to approve the Financial Statement for the period February 24 — March 13. Vetsch seconded the motion. All voted aye. Stalberger made a motion to approve the February 1998 Wastewater Treatment Facility Operations Report as presented. Vetsch seconded the motion. All voted aye. Mayor Olsen opened the public hearing for the purpose of considering an Outdoor Recreation Grant Program application for Oakside Park. City Administrator Lund explained the Outdoor Recreation Grant Program sponsored by the Minnesota Department of Natural Resources. The maximum grant amount is $50,000 and requires a city matching contribution. Lund reviewed the proposed concept plan for the development of Oakside Park. Phase 1 of the development consists of a grass ballfield, two tennis courts, horseshoe pits, a playground, a parking area and a water faucet and drains. The Phase 1 proposal provides facilities for children, youth and adults. The estimated cost of the Phase 1 development is $106,000. Should the City be awarded the maximum grant, the City's portion of this phase is $56,000, which will be expended from the Park Dedication Fund. Mayor Olsen called for public comment. There was none. Berning made a motion to close the public hearing. Stalberger seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL March 16,1998 Page 3 of 6 Berning made a motion to approve RESOLUTION #1998-7 titled A RESOLUTION AUTHORIZING AN OUTDOOR RECREATION GRANT PROGRAM APPLICATION. Vetsch seconded the motion. All voted aye. Berning made a motion to appoint Patti Stalberger and Mark Olsen to the Park and Recreation Steering Committee. John Vetsch will serve as the alternate to the committee. Gundersen seconded the motion. All voted aye. The Council reviewed the Development Stage Plans for Cedar Creek North and Cedar Creek South Additions. Both Cedar Creek North and Cedar Creek South are a part of the Cedar Creek Golf Course PUD plan. City Attorney Couri explained that approval of the Development Stages will be contingent upon the vacation of Kadler Avenue. Court also stated that the Developer's Agreement for both plats will contain language explaining that sewer capacity for the entire developments is not guaranteed. Stalberger made a motion to approve the Findings of Fact & Decision for both Cedar Creek North and Cedar Creek South with the addition of the recommendation of the attorney regarding the vacation of Kadler Avenue and the sewer capacity language. Berning seconded the motion. Stalberger, Berning, Olsen and Gundersen voted aye. Vetsch voted no. The motion carried. The Council reviewed the building and site plan and the Conditional Use Permit request for outside storage from Scherer Brothers Lumber. Berning made a motion to approve the Findings of Fact & Decision granting site plan and CUP approval for Scherer Brothers Lumber. Stalberger seconded the motion. All voted aye. Harold Swanson presented two concept plans for the property located between School and Mud Lakes. Alternate 5B is an R-lA plat incorporating the Shoreland Ordinance requirements and consisting of 87 residential lots. Alternate 6A is a PUD concept with 99 residential lots with a minimum 20,000 square feet area. This concept features a trail bordering each lakeshore and park area at the southern point of the property. The Planning Commission favored Concept 6A with the trails included. ALBERTVILLE CITY COUNCIL March 16,1998 Page 4 of 6 Councilmember Vetsch stated he prefers the 5B concept, due to the expense of establishing and maintaining the trail system. Councilmember Berning was concerned over the lack of the neighborhood park on Concept 6A, but he liked the trail concept. The Council agreed that a PUD proposal would be considered more favorably if the park area were increased to allow for the establishment of a neighborhood park as proposed in the City's Comprehensive Parks & Trails Plan. Stalberger made a motion to approve RESOLUTION #1998-8 titled A RESOLUTION DENYING THE REQUEST FOR A REZONING FROM P/I, PUBLICANSTITUTION, TO B-31 HIGHWAY COMMERCIAL, AS REQUESTED BY MARX, DANIELS, KOPP AND SCHERBER FOR A PORTION OF THE MARX PROPERTY. Vetsch seconded the motion. All voted aye. Olsen made a motion to approve RESOLUTION #1998-3 titled A RESOLUTION VACATING KADLER AVENUE. Gundersen seconded the motion. All voted aye. City Attorney Couri presented the Developer's Agreement for Center Oaks 2nd Addition. This agreement is a shortened form of the Cedar Creek Golf Course PUD Agreement previously approved. An amendment to Paragraph E on Page 5 dealing with elevations will be amended to reflect the current ordinance requirements. Berning made a motion to approve the Developer's Agreement for the Cneter Oaks 2ad Addition as amended on Page 5, Paragraph E. Gundersen seconded the motion. All voted aye. City Engineer Pete Carlson discussed financing the NE Trunk Sanitary Sewer and Water Main project. Phase 1 of the project must be installed prior to the development of the Swanson property between School and Mud Lakes. Carlson estimates that Phase 1 will cost around $600,000, including both hard and soft costs. The project would be assessed to the benefitting property owners and trunk sewer and water fees will be charged to all benefitting property owners. Carlson explained that in order to get accurate price, plans and specs should be authorized and an Environmental Assessment Worksheet (EAW) is also ALBERTVILLE CITY COUNCIL March 16,1998 Page 5 of 6 necessary. Engineering costs for plans & specs and the EAW are estimated at $40,000. Councilmember Berning feels that the developer should be required to pay a portion of the cost of plans and specs and the EAW if he chooses not to proceed with development of his property within two years. Harold Swanson agrees to commit to being responsible for $10,000 of the city's costs for plans and specs ant an EAW if development does not proceed within the two year time period. Gundersen made a motion to authorize the engineer to prepare plans and specs for the NE Sanitary Sewer and Watermain Extension project and to prepare the necessary EAW with Swanson's agreement that he will be responsible for $10,000 of the costs if development does not begin in two years. Berning seconded the motion. All voted aye. Carlson reviewed the two proposals for the delineation of Marx 13-acre parcel. Both Svoboda Ecological Resources and Kjolhaug Environmental Services Company are reputable firms. Vetsch made a motion to have Kjolhaug Environmental Services Company delineate the Marx parcel at a cost $1,950. Stalberger seconded the motion.. All voted aye. Bernard Marx stated that he is unsure whether a delineation of the property should be done at this time. If the delineation is delayed until he can farm the land for a year, he feels more land will be reclaimed from wetlands. Carlson explained that wetlands are not determined only on standing water but rather on the natural vegetation and soil types. Farming the property will not change the wetland area dimensions. Marx will not agree to accept the delineation definitive proof of the wetland boundaries. He further stated that he does not want to sell the parcel to the City, even though he stated he has a price in mind. City Administrator Lund questioned Marx as to what price he had in mind. Marx refused to state his price. Vetsch rescinded his prior motion regarding delineation of the Marx parcel and motion to table discussion on the Marx property indefinitely. Stalberger agreed to rescind her earlier second and to second this motion. All voted aye. ALBERTVILLE CITY COUNCIL March 16,1998 Page 6 of 6 The Council accepted the Annual Report on the OM&M of the Wastewater Treatment Facility. Berning made a motion to enter a three-year contract with Aramark for uniforms for the Public Works Department personnel at a cost of $658.32. The contract calls for seasonal change. Gundersen seconded the motion. All voted aye. The Public Works Committee recommends the purchase of a one -ton truck through the state bid at a cost of $34,000. Vetsch made a motion to authorize the purchase of a one -ton, highway -orange truck through the state bid program. Berning seconded the motion. All voted aye. City Clerk Goeb explained that the city auditor recommended an inter -fund loan to fmance the fire rescue truck and the balance of the Bobcat vs. a lease/purchase option. Interest can be paid to the lending fund from the general fund at the rate determined by the Council. Gundersen made a motion to rescind the March 2, 1998, motion regarding the lease/purchase fmancing option and authorize an inter -fund loan to finance the fire rescue vehicle and the bobcat. Vetsch seconded the motion. All voted aye. Olsen made a motion to recall the $435,000 Improvement Bond of 1990 and the $210,000 Sewer & Water Revenue Bond of 1988 on June 1, 1998. Berning seconded the motion. All voted aye. Berning made a motion to adjourn at 11:45 PM. Gundersen seconded the motion. All voted aye. Mark S. Olsen, Mayor Linda Goeb, City Clerk ALBERTVILLE CITY COUNCIL SPECIAL MEETING March 26,1998 Albertville City Hall 6:00 PM PRESENT: Mayor Mark Olsen, Councilmembers Robert Gundersen, Patti Stalberger, and John Vetsch, City Administrator David Lund, and City Attorney Mike Couri Mayor Olson called the special meeting of the Albertville City Council to order. City Attorney Couri made a presentation explaining the circumstances of the City obtaining title to approximately .10 acres of land in Center Oaks 2nd Addition. The intent of the transfer, the value of the land, and the lack of potential City use was clarified. His recommendation was to return the property to Pilot Land Development. Gundersen made a motion to quit claim the property back to Pilot Land Development. Stalberger seconded the motion. All voted aye. Lund made a proposal to remove the fitness station in City Park and replace it with two horseshoe pits. The City acknowledges that the facility was an well - appreciated gift from several civic organizations but has become "tired", in need of repair and has not been used. Gundersen made a motion to remove the fitness station, send thank you letters to all contributing organizations (explaining that we are looking at alternative uses for the site), and research the installation of horseshoe pits. Vetsch seconded the motion. All voted aye. Lund proposed the City replace the swing set at City Park and all a "whirl" (merry-go-round). This is in accordance with two of the top priorities of the Comprehensive Plan and could be installed before Friendly City Days. Stalberger made a motion to proceed with the purchase and installation of the two playground units. Gundersen seconded the motion. All voted aye. CLAIMS FOR PAYMENT %44�*43 April 6, 1998 Check # Vendor Purpose Amount 10369 AirTouch Cellular Fire Dept. Cell Phone $ 17.26 10370 AirTouch Cellular Public Works Cell Phone $ 6.14 10371 BearCom F. D. Radios $ 1,680.70 10372 Brimeyer Group Strategic Planning Session $ 1,050.00 10373 Chouinard Office Products Name Tags $ 3.50 10374 Danko Emergency Equipment Fire Department Supplies $ 78.31 10375 Delta Dental Group Insurance $ 206.50 10376 Don's Auto Monthly Charges $ 199.80 10377 Fehn Gravel & Excavating Class 5 $ 171.00 10378 First Trust 1993C Refunding Bond $ 425.25 10379 Firstar Trust 1989 G.O. Refunding Bond $ 222.00 10380 Front Line Plus Replacement Zippers $ 70.00 10381 Goeb, Linda Mileage - Clerk's Conference $ 83.23 10382 Guimont, Tim Mileage $ 43.79 10383 I.S.D. #361 Medical Insurance - Dave $ 1,193.16 10384 JR's Pizza Strategic Planning Session $ 42.70 10385 Kennedy & Graven TIF #9 - Barthel Bus Garage $ 8.22 10386 Kern, DeWenter, Viere Interim Billing -1997 Audit $ 5,000.00 10387 Lano Equipment Hom & Assessories - Bobcat $ 285.74 10388 Larson Publications March Publications $ 504.08 10389 Lund, David Reimbursement for LPT2 $ 71.91 10390 Medica Group Insurance $ 1,893.11 10391 MinnComm PW Pager Service $ 26.31 10392 Minnegasco Monthly Service $ 402.92 10393 Minnesota Copy Systems Copy Machine Usage $ 107.02 10394 MN Department of Revenue March State Income Taxes $ 385.60 10395 MN Pollution Control Agency Permit#MN0050954 $ 1,140.00 10396 NSP Monthly Service $ 494.28 10397 PERA Life Insurance Payroll Deduction - Linda $ 12.00 10398 PERA Pay Period 3/14 - 2/27 $ 352.94 CLAIMS FOR PAYMENT 10399 Pars 66 Monthly Charges $ 113.62 10400 PSG April WWTF Contract $ 7,782.59 10401 Security State Bank - ML March Federal Taxes $ 3,117.02 10402 Short, Elliott & Hendrickson Facilities Plan $ 206.71 10403 Short, Elliott & Hendrickson Engineering Services $ 3,810.29 10404 Simonson Lumber Lumber $ 11.16 10405 Sprint Long Distance Charges $ 28.65 10406 Sprint-UTS Monthly Service $ 330.39 10407 Upbeat, Inc. Mats for old City Hall $ 115.01 10408 USCM Midwest Payroll Deduction/Contribution $ 306.10 10409 Weber Oil Company Diesel Fuel $ 60.37 10410 Wright County Surveyor Aerial Photo - Oakside Park $ 18.00 10411 Wright County Treasurer April Police $ 8,650.50 10412 Wright Hennepin Electric Greenhaven Street Lights $ 20.90 10413 Zachman, Kevin Mileage/Expenses - State Fire School $ 109.23 TOTAL EXPENSES _. $ 40,858.01 CITY OF ALBERTVILLE FINANCIAL STATEMENT March 13 — April 1,1998 Beginning Cash Balance March 13,1998 $180,827.21 Income: Billings 97.93 Building Permits 4,974.30 Loan Repayment 689.06 Planning Fees 6,300.00 Title Search 20.00 Total Income 129081.29 Expenses: Check #'s 10312 10341 28,243.61 (Approved 3/16/98) PreApproved Checks: 10,570.58 (List Attached) Total Expenses Ending Cash Balance April 1,1998 369977.21 $1559931.29 INVESTMENTS CD #9226 — Development Corporation — matures 4/28/98 CD #22202 — matures 4/7/98 @ 6.12% CD #300116 — AFD — matures 6/26/98 @ 4.7% Dain Bosworth investments (2/28/98) TOTAL INVESTMENTS Money Market Savings Account (3/1/98) 7,649.38 554,777.10 25,183.60 1,301,407.12 $1,889,017.20 4639196.28 Check No. Vendor Purpose Amount 10342-10345 PAYROLL PERIOD 2/27 - 3/13 $ 3,307.97 10346 Albertville Queen Committee Donations $ 1,687.00 10347 Country Inn & Suites MCFOA Conference - Linda $ 220.47 10348 PERA Payroll Period 2/27 - 3/13 $ 352.94 10349 USCM Midwest Payroll Deduction/Contribution $ 306.10 10350 U.S. Post Office Postage for machine $ 400.00 10351-10364 PAYROLL PERIOD 3/1 - 3/31 $ 988.13 10365-10368 PAYROLL PERIOD 3/14 - 3/27 $ 3,307.97 TOTAL PREAPPROVED CHECKS $ 10,570.58 STATE BANK OF ROGERS 12916 MAIN STREET P.O. Box 127 ROGERS, MN 55374-0127 (612)428-2222 March 25, 1998 City of Albertville 5975 Main Avenue NE P.O. BOX 9 Albertville, MN 55301 RE: Certificate of Deposit #22202 To Whom it May Concern: Thank you for the opportunity to bid on your existing Certificate of Deposit #22202 in the amount of $580,000+. This certificate matures on April 7, 1998. Our current Rate offer for one additional year is 6.15% with an Annual Percentage Yield of 6.29%, due to the quarterly compounding factor. Again we thank you for this opportunity to assist your needs. Sincerely, Douglas E. eess Vice -President DEB/nb A FULL SERVICE [3ANI< Z.0&h—in.," roS10 M 03/25/98 13:19 FAX 1 612 497 4353 HBANK 2002/002 H"IANDIdo ?Match 2S,1"S City Of gihettvilla 597S Main Avenue N. F- Nb , MN 55301 Daat Linda Caeb: This WW is in re V=n to Ya idW a ft W" to a of tbat 1"" Ong due. H[&" Bank 0f St Mftd v%M. like to put in a bid of 5.61%(annual Pw=UP Yigld) for 1i SboWd yaa ban any qomdoo pleam fed free 10 contact me at (612)497-6306. 7dJ o dry Coa8uuw BaWdi g Maas 701 CENTRAL F.AW P.O. Box 110 ST. M1cHAm., MN 55376 (612) 497-2131 FAx (612) 497.4353 t • F.O. Box 449 Maple Lake Minnesota 55358 320-963-3161 Fax: 320-963-6163 March 9, 1998 F.O. Box 220 Albertville Minnesota 55301 612-497-8224 Fax: 612-4974MM City of Albertville Attn: Linda Goeb 5975 Main Ave. NE PO Box 9 Albertville, MN 55301 Dear Linda: Thank you for the opportunity to quote an interest rate on your $560,000+ Certificate of Deposit. The Security State Bank of Maple Lake quotes the Certificate of Deposit as follows: Amount: $560,000+ Term: 1 (one) year Interest Rate: 5.60% Annual Percentage Yield: 5.60% If you have any further questions, please call me at any time. Thank you. Yours truly, 9+�" David Steele Branch Manager s _:_,.motFDIC I-Ve4z CITY OE ALBERMI LE DEVELOPERS AGREEMENT AND CON MONAL USE AGREEMENT PARIEME COMMERCIAL CENTER THIS AG NCENT, entered into this _ day of 1998 by ad betwom Pilot Lod.Devidopment Company, Inc., to herein as "Developer*; a CITY OF ALBERTMA County of Wright, State of Mumesota, hevieinafter referred to as "City". W SSETH: ' ' HL+R. S, Developer, is the fee owner and developer of a parcel or parcels of land described in Wubit A, attached hereto and incorporated herein by reference, which parcels of land nre proposed, to be subdivided and platted for development, and which sc bdivislon, whkh is the subject of fts agreement, is intended to bear the name "Parkside Commercial Cente and sh& having r be referred to in its entirety as "Said Plat' or "Subject Pro ; and WHEREAk4evekTmeat upon the Subject Property will occur in at least two distinct es the first star of which will be the construction of a convenience stare, car wash and fuel sales busm ; and WHEREAS, the: Dridoper intends to construct the convenience store, car wash and fuel sales business on Lot i, Block i of Parkside Commercial Center, hereinafter re "to as the " Iot i"; and E .true property withinSaid Plat for which no specific use has been by as of the date of this Agreement, is identified as Lot 2, Block 1 ofParkside Commercial Cenw, hereinaft referred to as "Lot 2' ; and WHEREAS, the City has given preliminary approval of Developer's plat of POW& Commercial Center contingent upon compliance with certain City requirements inch but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to, grading, swxituys ;grater, storm sewer and drainage pond (hereafter wunicipai Improenw) be wed to serve the Subject Property and other PrOPefts affected by the development of Developer's land, to be kaWled and financed by Developer, and 1 R1 at .1 11 :) v Y. 1 ! 1 1 I ! ! / M .+11 wit k 1 t#`•*:tt.':- - S 5 It t i t ( IY U ! uikd »+1 t: !'!.a # ! • =4 1>e t! 1 fill M 411 # • ITV,j.. f' t. i k: S tt � " • .. it li ' t - '1 �.i1 A w" E # i a # ? # # t:" # d ! `t # :9 #! �1;st1 Ftm1c`t#`1'•#1:### ##11+:11#'t e S:ti 5 ISM, # # # !! 1 ! tt #! t F it Oi It,.- tt S ..: tl # '#. f.." t # 1;" IIcE,..1 F+ll /.ii. ! t r,t it :ii ` t 1t - t ;1 _7c .4. !dl 1..1 ' tl." 1,-. # filt +.it 1 el _ i t_S 1,`. • I S 1 #_i 1! !-• ! It +i :+t+ 1 Ut t ! 1 - t•' tJ A # ! ! !.# ! i ` `.t! # S • 01 ` 1 .1 ! '+f 1 # # ## # #:+ 1 ti ►` .1 � ! " i 11 1 �+t i # A # 1 t #�. -t 1,� ! _ s # S # ! � ! # #I � £ # • # 6 a i �� # t ! I : :5 1 " If 1 S 5'6 �1 t S • t It i Nit t l# t� i 1. t i, t f i t� S' 1! 1 � • i 1! +i l#` # ! sl tt-.: # " �i %1.<`sa Il.. - i •) 11 ' E 1 1':t 1 ' • 1 ` - !# 1 1 E. Developer will satisfy the City's park dedication requirements through a payment to the City equal to five (5) percent of the City's calculated fair market value of the Subject Proper t► (less that area of Subject Property which was p from Qutlot B of Parkside 4 Addition, for which park dedication fees have already been paid), less an amount equal to Developer's cost for installing a ten (10) trail as said trail is shown on the City's trail plan. The City shall determine the value of Lot 1 as platted, undeveloped property, zoned B-3 and subject to a conditional use permit for a car wash and fuel sales business. Trail installation costs exceeding the required five (5) percent dedication amount will be credited to the Developer for fixture development in Albertville. The aforementioned traill shall be specifically located and dedicated as an easement to the City as shown on the attached ExIdIAC. F. The following business hours will be strictly observed: 5:30am to I LOOM Monday through Saturday and 7:30am to 11:OOpm on Sundays. This time restriction does not apply to normal- indoor business activities including, but not limited to, start-up procedures,, inventory, accounting, stocking, managing cleaning and closing, procedures. This time restriction does apply to all outdoor business activities. Exterior lights org allnon-businesshours. pgr o«r G. A shared access easement is established over a forty--f ve (45) foot strip on Lot 2,, abutting the wept boundary of Lot 1, as shown on the plans attached hereto as Exhibit D. The access easement will be private and shall not be dedicated as a public street The <access easement must be paved, and remain paved, with a bituminous surface. The access easement must be subject to an access and maintenance, agreement approved by the City Attorney. The access agreement will provide that, among other things, the easement is established in perpetuity, for the benefit of present and future property owners within Said Plat, as a reciprocal easement The agreement will further specify the maintenance obligations of respective parties, including the apportionment of costs thereof. The agreement shall provide the City with the right to undertake necessary maintenance work, if such is not timely and, adequately performed by the owners of Lots 1 and 2 pursuant to the agreement, and to specially assess the costs thereof against benefited properties within Said Plat. H. The storage and handling of gasoline must comply with the requirements of the Minnesota State Fire Marshall's office, Pollution Control Agency, and all other, applicable Federal, State and local regulations. Any reed permits must be kept on site and Poly displayed. 1. Fencing on the West edge of Lot 1 may later be required if the Council determines 3 necessary) during; the construction and kLoaliation of said Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. 3. Cortrucdon of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvement including installation of boulevards, street signs, traffic signs, yard top soil, sod or seed in all yards grading control per lot, bituminous or concrete driveways drainage swales, berrning, 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 Said Plat. 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 or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by 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; In addition, the Developer shall, at its own expense, cause street lights and street signs;to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic; Control Devices. C. Developer has submitted a utility plan for Said Plat showing all existing and proposed utility lines and easements, attached and incorporated herein as Exhibit F. Developer agrees to have all utilities installed according to this plan. D. Developer shall install silt fencing per the erosion control plan within 30 days 5 after curbing is installed, or 7 days after the "small utilities" (gas, phone, el e cable television) have been installed, whichever occurs sooner. Developer shall remove all silt fencing from each lot as sod is installed upon said lot E. Notwithstanftg the requirements of subp ' ph 3A above, the Developer shall install to the City's satisfaction ovements for each lot or parcel Within r-(f0) days of the date that a mffcate of occupancy ( P y: permanent) is issued byre City for a building located on the lot, Mess the ` cate ofoccuponcy is issued after October lst and: before March 30th in any given year,, in which case said improvements shall be so completed by the following June 156. F, Developer install a storm water retention/Water quality pond upon Said Plat as shown on the Grading and Drainage Plan attached as Exhibit G_. Said pond shall be dedicated to the City, and Developer shall provide the City with.,, foaldrainage easements over such ponds. Said retention pond shall be installed prior to the installation utilities. 4. WeWW Use of Subdivision Lots. It is the Developer's and City's intent that e convenience store, car wash.and fuel sales business be constructed on Lot 1. Developer agrees that it shall construct on Lot 2 only such uses as are permitted within a B-3 zone. 5. Surety uirements. k Developer will provide the City with irrevocable letter of credit (o r other surety as approved by the City Attorn } as security that the obligations -of the F ; Developer under this contract t shall performed. Said letter of credit or shall in the amount of , representing both IOWe of the estimated cost of the Municipal Improvements ($10,000.00) and 50% of the estimated cost of the on and off -site improvements (36, 254.40) Said i Ci ; of credit car surety m meet the approval of the tyattorney y asto form and issuing bank. A E. The City ' may craw on said letter of credit or surety to complete work not , Y performed by Developer (including but not limited to on- and off -site improvements, Municipal improvements described above, erosion control, and other sackmsures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration 6 r enforcement of ttis agreement, to repair or correct deficiencies or other ertas which.ocour to the Municipal Improvements during the warranty or to otherwise WE the obligations of Developer under this agreement C. in the event that army cash, irrevocable letter of credit; or other surety refured o herein is ever utilized and found to be deficient in amount to pay or reinibum the City in total as required herein, the Developer agrees that being billed by the City, Developer will pay within thirty (30) days of the " g of said billing, the said deficient amount If &= should be an overage in the amount of utilized security, the City will, upon maldng, said determination, refimd to the Developer any monies which the City has in its possession Bch are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's proper for any and all costs incwff ed by the City in enforcing any of the term of this agreement should Develops letter of rat 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 maftg of written request by the City. Should the City assess Developer's property for said casts, 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 cation of the City Engineer and approval of the; City Council that all such" ite= are satisfactorily completed pursuant to this Agreement. 6. Sett A. Periodicallys, as payments are made by the Developer for the completion of portions of the -Municipal Improvements and/or On- and Off -site lmprovements, 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 terefor. 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 dw date4mailing of die billing. B. T1W Developer may request of the City a reduction or release of any surety ns follows: L When r;acceptable letter of credit or surety is fiuunished to the city, to reface a prior letter of credit or it. When all or a portion of the Municipal Improvements or the an- and off -site improvements have been installed, the letter of credit or surdy may be reduced by the dollar amount attributable to that portion of impwYments so installed, eat that the City shall retain the letter, of 't or in the amount of 10% of the estimated constructio price oftbe Municipal Improvements during the first year of the warrantyperiod and 51% of the estimated construction price of the Municipal improvements during the second year of the warranty iii. As to all retests brought under th ,spparagraph A, the City Council shall have complete discretion whether to reduce or not to reduce letter of credit or surety. C. Tb►e costs incurred by the City in processing any reduction request shallbe billed to the Developer and paid to the City within thirty (30) days of billing Sankaryerrs T "k Une Fees Developer agrees that the City's Sanitary Sere Trunk 'i i ne Fee Ordinance requires the Developer to pay $1,400.00 per acres in sanitary sewer frame line 1kes. There; are ads in Said Plant. However, per the terms outlined d in Parkside 3 Addition Developer's Agreement; para 2, pages 2.5, the developer will be credited $900.00 per acre for the "installation of a sanitary sewer trunk line. Therefore,, the Developer shall be required to pay $12 f ($500.00 x `S7 acres). Developer will pay said fee prior to the release of the final plat by the City. Abandonment of P -, Costa. and Ex nses. In the event Developer should abandon the per pment of the Subject Property, the City's costs and expenses related to attorneys fees, professional review, dmtbng of this Agreement preaparation of the f `ty report, plans and specifications,spe6fications, and any other expenm undertaken n refimaimpon Developer's various 'assertic shall be paid by said �r x 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 d-cover to prevent continuing soil erosion from the Said Plat, or fails too leave the abandoned property in a condition which can be mowed using convendonal. 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 eventthat said costs are not paid, the City may withdraw funds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph 9. Developer to Pay City's Casts and Expenses. It is understood and agreed that the Tarp will reimburse the City for all reasonable administrative, legal, planning, engineering' and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat; as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of the Said Plat without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 10. Erosion and Siltation Control. Before any grading is started on any site, all erosion control meats as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit G. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 11. Ditch Drainage. 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. 12. MaintainPublicPro Dama ed or Cluttered DuringConstruction. Developer agrees to assume full financial responsibility for any damage which may 9 occur to publippropertyincludmg but not limited to streets, street sub- base, bad ; bitominaus, su , , Wity system includhig but not limited to waters ` sanitawy sewer or storni sewer when said damage occurs as a result of the activity which development of Said Plat. The Developer further agrees to pay, all costs required to repair the streets andlor utility systems damagedor- Autteftd with debris when occurring as a direct or indirect result of the constructim, that takes, plane in Said Pla. In the event the Developer fails to clean up, maintainor thedamaged publk property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or Main such public property have thirty (30) days from the date of mailing of such notice to effixt such clean up, repair or maintenance of said public property to the sans ofthe City Council. In the event that Developer fails to so clean up, mpg' or mahmain said puNk property. the City may urYdcrtake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the D?evel re imb 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 sufficientto pay the bill may be withdrawn by the City from the surety ,mod above and/or specially assessed against any or all lots within Said Put 13. T 2rar ,* t # Developer shall provide access to the Sutiect Property at All reasonable times to the City or its representatives for purposes of inspection or, to accomplish -any necessary work pummuit to this agreement. 14. ceiia� A. De agrees. dW 011 construction items re+quiretunder this agreement are items for which Developer is responsible for completing and all work sW be done it Develop a eaa ease B. If seen, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent Jurisdiction, sign shall not affect the validity of the remainia porter of thiccontract C. If building 'ts are issued prior to the completion and acceptance ofpublic unprdvem the Developer assumes. all' liability and the costs resulting in delays in completion4f public improvements and damage to public improvemem-caused,by the City, Developer, its contractors, subcontractors, materalrnen, empla)w=2 agents, or third parties.. 10 D. IU action or inaction of the City shall not constitute a waiver or amendment to the provisions ofthis 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 parioA 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 Taint 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 Said 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 Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. H. Prior to the execution of this agreement and prior to the start of work, other than grading for which an agreement is already in place 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 tittle bi warance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. L Developer shall at all times comply with all City ordinances applicable to the Subject Property and any business operations conducted on the Subject Property: 15. Dmw on, Ear iring Lehr of Credit. In the event a surety referred to herein is in the FTof 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 11 or completed, it is agreed that the Developer shalt provide tie City with a new letter of ere t or other surety, acceptable to the City at =least forty-five (45) days Prim' 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 wety for the continued obligation. The form of said imcvocable letter of credit: be approved t* the City Attorney prior to its rssuIcrce, 16. 'Vloladon of, AZBerne t. A. In the case of dealt by the Developers its successors or assigns, of any the covenants and agreements herein contained, the City shall give Developer flirty, (30) days mailed notice thereof (via certified mail), and if such defitult is not cured within said thirty (30) day period, the City is hereby grand 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 deposkin the United States Mail. Upon failure to am 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 due to the City pursuant to this Agreement, plus all costs and attorney' in ed in enforcing went. B. P not apply to any ants or rights of the City under h ve, and no notice need be given to the Developer as a con Y . ant to the City declaring a default or drawing upon the le letter of credit as therein authorized. The City may elect to give to uper of the City's intent to draw upon the surety without waiving the City's right to dravi+ upon the surety at a fixture time without notice to the Developer. C. Breach of any of',the `terms of this Contract by the Developer shall be grounds for denial ofbuilding permits. 17. Dedications to the Ciao. A. The Developer,, upon presentation to the City of evidence of good and 12 r C r marImUble title to! Subject Property, and upon completi n of all cons `m work and carffication of completion by the City En , shalt dedicate all sanitary sewer utilities, mains, drainage pond, .. and water mains to the City. Developer shall provide a drainage and utility easement of the storm water retention pond Upon acceptance of dedication, Developer provide to the C "As-Bu ilts" of all dedicated sewers, water mains, drainage ponds and utilities.. Acceptance by City of any dedication shall oc M upon passage of e re sol to such effect by the City Council. The storm sewer lines running to and from the drainage pond shell not be dedicated to the City. Developer agree to maintain the storm sewer lines and the storm water retention pond in good working order at all times. B. Developer shall'd dic to a ten (10) foot off4treet trail easement as shown on the attached Exhibit C. 8 anent. 1 . Phased A. If the plat is a =of e of a multi phased preliminary plat, the City may ruse to°- approve :subsegt at phases until public improvements for all prior phases have been satisfactorily completed Development of subse 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 Developmeaphases. 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. B. Prior to Construction of any buildings or other development on Lot 2, Developer shall receive approval of the: site plan from the City. 19. I�n�t�r. Developer shall hold the City and its officers and employees harmless h om claims made by l duper and third parties for damages sustained or costs incurred resulting from aid Plat approval and development, The Developer shall indemnifythe Cityand 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, `hind parties shall have no recourse against the City, undue this contraa 20. Ass!&!mmt of !Contra The obligations of the Developer under this Contract cannot be assigned t the express written consent of the City Council through ' 13 Council resolution. 21 Limit d-A rov i Approval of this agreement by the City Council and issuance of the Conditional Use Permit which is the subject of this agreement in no way constitutes oval of anything other than that which is explicitly specified in this agreement 22 Prof al Fem The Developer will pay all reasonable professional fees incurred by the City as a rat of City efforts to enforce the terms of this Agreement Said fees include attorneys fps, engineer's fees, plamees fees, and any other professi fees inmred by the City in attempting to enforce the terms of this Agreement. The Developer wi l also stay all reasonable attorneys nod professional fees incurred by the City in the event an anion is brought upon a letter of credit or other surety fimshed by the Developer as provided herein. 23. Plans Ached ax, Exhibits. All plus attached to this agreement as Exhibits are incorporated into this agvement by reference as they wear. Unless otherwise specified in this agreement Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 24. . nt Clausel #�rfication by Written Agreement Only. This agreement represents the frull and complete understanding of the parties and neither party is rel ' on any"prior,agreement or statement(sl whether oral or written. 'fication'ofthis agreement may occur only if in waiting and signed by a duly authorized agent of both parties. 25. Notification Information, Any notices to the parties herein shall be in writing, delivered by hand; (to the City Clerk for the City) Qr registered mail addressed as follows to the follow parties: City of Albertville c/o City Clerk P.C. Box 9 Albertville, MN 55301 Telephone: (612) 497-3384 Pilot Land Development Company, Inc. c/o Dent Roessler 13736 N.E. Johnson Street ism Lake, MN 55304 14 Telephone: (612) 757-9816 26. Agee � t Effect. This agreement shall be binding upon and extend to the representatives, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk PILOT LAND DEVELOPMENT COMPANY, INC. By Dent Roessler Its President By Its STATE OF MINNESOTA } ) ss, COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of ,; 1998, by Mark. Olson, as Mayor of the City of Albertville, a Minnesota municipal oration, on behalf of the city and pursuant to the authority of the City Council. Notary Public 15` EX, TI'y;A TO DEVELOPEWS AGREEMENT IU Real Property subject to the Developer's Agreement is legally described as follows (prior to Platting): Outlot B, ParksideThird Addition and Outlot B, Parkside F Addition As on record in the office of the Wright County Recorder, Wright County, Minnesota. The Real Property subject toil the Developer's Agreement is legally described as follows (after the Ong of the Parkside Commercial Park): Lots 1; and 2, Block 1� Parkside Commercial Park, City of Albertville, County of Wright, Minnesota. a CITY OF ALBERTVILLE ORDINANCE NO. /q9,,-1, -, AN ORDINANCE ALLOWING THE CITY COUNCIL TO SET SEWER ACCESS CHARGES AND WATER ACCESS CHARGES, AND DESIGNATING THE USE 'OF THE PROCEEDS OF SUCH CHARGES. The City Council of the City of Albertville, Minnesota ordains: SECTION 1. DEFINITIONS. For the purpose of this ordinance, the following words, terms and abbreviations shall have the meanings set out below, unless the context specifically indicates otherwise. Sub. 1. "CITY" means the City of Albertville, Wright County, Minnesota. Sub. 2. "OWNER" means an individual or entity holding legal title to property within the City of Albertville. Sub. 3. "PUBLIC MUNICIPAL WATER SUPPLY" means a water distribution system owned or operated by the City or owned or operated by a Joint Powers organization to which the City belongs. Sub. 4. "CITY SANITARY SEWER SYSTEM" means any part of the network - of sanitary sewer connections and pipes, including the sanitary sewer treatment plant located within the City of Albertville, or any lines outside of _ the City of Albertville but which connect to and are serviced by the Albertville sanitary sewer treatment plant. Sub. 5. "SINGLE -DWELLING" means a residential building intended for occupancy by one family. Sub. 6. "MULTIPLE -DWELLING" means a residential building intended - for occupancy by more than one family. Sub. 7. "DWELLING UNIT" means that portion of a residential building intended to be occupied by only one family. SECTION 2 ACCESS CHARGE FOR SEWER AVAILABILITY (SAC Charge). The City Council shall have the power to set, by resolution, the amount required to be paid by an owner for connection to the City sanitary sewer system ("SAC charge"). The City Council shall have the power to set 1 different charges for residential and non-residential connections, and shall have the power to change the basis on which such charges are calculated. Such charges may be changed by the City Council from time to time. Unless otherwise changed by Council resolution, the SAC charges and bases for calculation shall be as follows: 1. Residential single and multiple -dwellings of four or fewer dwelling units, $775.00 per dwelling unit. 2. Residential multiple -dwellings of five or more dwelling units, $775.00 multiplied by a factor of .80 times the number of dwelling units. 3. Non-residential connections shall pay a minimum of $775.00 (base fee) if the average daily water usage is equal to or less than 255 gallons. If the average daily water usage is greater than 255 gallons, the connection fee shall be the base fee plus the average daily water usage in excess of 255 gallons divided by 255, then multiplied by the base fee (e.g. if average daily water usage is 400 gallons, the connection fee would be $750.00 + {[400 - 255] / 2551 * $775.00 = $1,215.69) SAC fees for non-residential connections shall, be estimated at the time of the building permit _- application based on the expected average daily water usage (as approved by the City Building Inspector) , with a final payment or refund to be determined and paid within nine months of occupation of the building. Determination of final payment or refund shall be based on the formula detailed in this paragraph using the average actual daily water usage for the six months immediately following occupation of the building. SECTION 3. ACCESS CHARGE FOR WATER AVAILABILITY (WAC Charge)_._ The City Council shall have the power to set, by resolution, the amount required to be paid by an owner for connection to the Public Municipal Water Supply ("WAC charge"). The City Council shall have the power to set different charges for residential and commercial connections, and shall have the power to change the basis on which such charges are calculated. Such charges may be changed by the City Council from time to time. Unless otherwise changed by Council resolution, the WAC charge for a residential or non-residential connection shall be $200.00. 2 �M All SAC charges shall be credited to the Albertville Sewer Fund. Such funds may, as determined by Council resolution, be used to offset costs incurred in the expansion of the City's sewer treatment plant, installation or maintenance of.:existing or future sewer lines, general sewer operating costs, general sewer maintenance costs, or any debt service incurred in the past or to be incurred in the future to finance the above described sewer expansion, operation or maintenance, or any combination of the above. Nothing in this ordinance shall act to revoke the prior pledge of such charges to debt service funds issued to fund sewer improvements. WAC charges shall be credited to the bond debt service funds to which they have been pledged. Upon retirement of said bonds, WAC charges may be.used for water improvement or maintenance purposes as the City Council, by resolution, deems necessary. SECTION 5. TIME AND METHOD OF PAYMENT. All SAC and WAC charges shall be paid application is submitted to the City will be issued prior to payment of Payment shall be in cash or by check Clerk and/or Administrator. SECTION 6 UNPAID CONNECTION CHARGES. when a building permit No building permits SAC and WAC charges. acceptable to the City With respect to any owner who connects to the City Sanitary Sewer System or Public Municipal Water Supply without paying either a SAC or WAC charge, such unpaid charges shall be certified, by the City Council under applicable state statutes, to the County Auditor "with taxes against the property so connected for collection as other taxes are collected. SECTION 7. RESERVATION. This ordinance in no way precludes the City Council from adopting additional ordinances imposing connection charges in lieu of assessments, or other such ordinances relating to connection or service charges with regard to the City Sanitary Sewer System or Public Municipal Water Supply system, nor does this ordinance preclude the City from assessing to property owners the costs related to the installation of water and sewer lines, trunk mains and other sewer and water related facilities installed by the City or a Joint Powers entity. 3 0 SECTION S. EFFECTIVE DATE. This ordinance shall be effective upon passage by the City Council and publication in the official city newspaper. Passed this /8 rim day of February, 1992. yor City Clerk (Seal) 4 CITT OF ALBERTVILLE COWTT OP 111ttWT "A" OF MIMimeOTA ORDIUNCR #1995-11 AN ORDI1 AWN ADOPTIM I10 MWWWWlA STATE DQILDING CODE. THIS ORDIIfMM: PROYIDID FM '!'!D AMICATtWo ASIMSM2205, AND muralwommmv 0! Tw Wimmem Allft wttbtw Wn ST 74ML TING Tim EREC!'ION, CONS?RVCTION, I F 1111 MEOW, ALT!lltAl M, REPAIR !!DYING, REMOVAL, DEMOLITION, COMMION, OCCUPAWY, MCIMM2, QSE, HEIGHT, AREA, AND MAINTENANCE OF ALL BOILDIMS AND/OR STRUCTURES IN THIS MUNICIPALITY;;PROVIDED FOR TIM ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT TRllERl3/2TH. The City Council of the City of Albertville does ordain: .Section 1. Application, Administration and Enforcement The application, administration , and enforcement of the code shall be in accordance with Minnesota rule part 1300.2100 and as modified by chapter'1305. The code shall be enforced within the extraterritorial limits permitted by Minnesota statute 16B.62 subdivision 1 when so established by this ordinance. --The code enforcement agency of this municipality is called the `Building inspection Department. A Minnesota certified Building Official must be appointed by this jurisdiction to administer the code (Minnesota Statute 16B.65). Section 2. Permits and fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Stature-16B.62 subdivision 1 and as provided for in chapter 1 of the 1994 Uniform Building Code and applicable Minnesota Rules, parts 1305.0106 and 1305.0107. Permit fees shall be assessed for work governed by this code in accordance with Table No(s). 3A of the 1988 Uniform Building Code. In addition, a surcharge fee shall be collected on all permits ; slued for work governed by this code in accordance with Minnesota Statute 16B.70. Section 3. Violations and Penalttes. A violation of the code is a misdemeanor (Minnesota statute 1FB.69), Section 4. Building Code, The Minnesota State Building Code, established pursuant to Mi�nesota Statutes 16B.59 to 16B.75, is hereby adopted as the bulilding code for this jurisdiction. The code is hereby incorporated in this ordinance as if fully set out herein. A.1 The Minnesota State Building Code includes the following chjapters (in their entirety) of Minnesota Rules: 1300 Minnesota Building Code 1301 Building Official Certification 1302 State Building Construction Approvals 1305 Adoption of the 1994 Uniform Building Code including Appendix Chapters: a. 3, Division I, Detention and Correctional Facilities b. 12, Division II, Sound Transmission Control. C. 29, Minimum Plumbing Fixtures 1307 Elevators and Related Devices 1315 Adoption of the 1993 National Electric Code 1325 Solar Energy Systems 1330 Fallout Shelters 1335 Floodproofing Regulations 1340 facilities for the Handicapped 1346 'Adoption of the 1991 Uniform Mechanical Code 1350 Manufactured Homes 1360 Prefabricated Buildings 1365 Snow Loads 1370 Storm Shelters 4715 Minnesota Plumbing Code 7670 Minnesota Energy Code This municipality may adopt by reference any or all of the following optional appendix chapters of. the 1994 Uniform Building Code as authorized by Minnesota rule part 1305.0020 subpart 2: 3, Division II, 1992 One and Two Family Dwelling Code; 15, Reroofing; 19, Exposed Residential Concrete; 31, Division I1, Membrane Structures; 33, Excavation and Grading. The following optional appendix chapters of -the 1994 Uniform Building Code are hereby adopted and incorporated as part of the building code for this municipality. 1. 33, Excavation and Grading 2. 15, Reroofing C.' This municipality may adopt by reference any or all of the. fallowing optional chapters of Minnesota rule: 1306, Special Fire Prlotectibn Systems with option 8 (Group M, 8, or F occupancies with 2,000 or more gross square feet) or 8a (Group M, 8, or F occupancies with 5,000 or more gross square feet); 1310, Building Security; 1335, Floodproofing regulations parts 1335.0600 to 13135.1200. Section 5. Reoealer. This ordinance repeals only those prior ordinances of the City of Albertville which are superseded by or conflict with a subsequent ordinance which has been passed by the City Council. The effective date of this ordinance is upon publication. 1lWrM THIS 3rd DAY OF UMIL, 1"S. ..-Michaef Potter, Mayor • �r lil..T,TEST end No on, Q&fty Clerk VPublished in -the Crow River pews Borth Edition on.April 10, 1995. 1988 FEE SCHEDULE $80.000 VALUE $549.50 $357.18 $908.68 $120.000.00 VALUE $709.50 WAS $1.170.68 $150.000.00 VALUE $514.50 $529.43 $1.343.93 4 PERMIT FEE PLAN REVIEW FEE TOTAL - .. PERMIT FEE PLAN REVIEW FEE TOTAL DIFFERENCE OF $471.15 PERMIT FEE PLAN REVIEW FEE TOTAL DIFFERENCE OF $545.32 1994 FEE SCHEDULE $80.000 VALUE $767.50 $498.88 $1.266.38 $150.000.00 VALUE $1.145.00 $744.25 $1.889.25 . cAr a 1988 FEE SCHEDULE $175.000.00 VALUE $902.00 $586.30 $1.488.30 SM.000.00 VALUE $1.164.50 $756.93 $1.921.43 PERMIT FEE PLANREVIEW FEE TOTAL DIFFERENCE OF SW720 PERMIT FEE PLANREVIEW FEE TOTAL DIFFERENCE OF $792.82 1994 FEE SCHEDULE $175,000.00 VALUE $1.270.00 $m.50 52.095.50 0% e+f N O v w O E+ pi] a t9 z 1-1 A J 1-a O to .d W O co ,c •a N .o o 0 0 0 u o a, %c Wn to 0 in O %o m ..: co O .t r, •a V 0d VY V> 4f V> CO. V} V> V> N Col. V> C1 C c r4 a m C1 r+ N •-+ %o O tn O n .-+ O O� .7 In %O to %T 1n IV�O M n O aD O .Y CV pC1 V> V> V> V> V> V> V} V> V> V> 0 Q e•1 4.r N In O w N to I7 N c 1 in O N G] V> CO. COP.V> V> a).V> CO. N V> W .4 .4 r1 > L `n r4 c'1 N N O O N N O N V> V> V> V> ut V> Vs V> t/> v> a, O O � a � o v+ .7 N to O NY 00 u1 %O W V> V} V> V> N V> V> V> V> V> O d N O �7 C O O .4 O O 0 to ao in O %D M .. tn. .-+ •4 %D en w x 0 a s CMO O O O o tn a ,a s O 000 �--� C3 V> VY CO. CO. VT V} V> VY 4a V> V? 0 (D > e0O u 3 i a co w 4) N C4 3 .G N rtf • 4a t� +� V O 7 V 4/ u �-+ a rn 3 S 0 cn a z U u fA N t0 N .G L a1 C tq 01 1+ •C3 E a1 -4 O O 7 W 41 O > > V N a O r+ L+ O r4 fa 41 W A u y m �1 N tJ VJ bo G 0) N O V to :c-4= > u w 14 O 4) U a) d A 3 41 Oo ,a c •V y CC w m X d N fn .-a O w as 41 +a C 4) u C y �+ 41 va E •a W N iJ Aj •C O 41 V W O O N C > aJ ri N 7 OG as v, x -1 ww a L W V O y O� .1 tj -+ v w m O 0 rC rt a.r rl to • w.'Cv. H v+ 41 C n � C f� -1 co L •O N 2 41 VS• Ai JJ u O m L JJ C .-4 C O -4 V d O y .4 to V> d 3 E >, O a1 b o > w .•.1 � � W N 01 V at -+ N w u > G O ++ O .G .4 to E 3+ C .0 Q. •4 � u u t0 u M 03/26/1998 10:55 612-497-4909 JOINT POWERS DISTRIBUTION OWNERSHIP/RESPONSIBILITY CONCEPT PLAN 2 WHEREAS, the Cities of Albertville, St. Michael and annoveer entered into a Joint Powers Agreement and subsequently adopted Operating and Authorization Agreement which has been amended from time to time; and WHEREAS, the parties approved unanimously to the first concept plan regarding the watermain ownership/responsibility which will amend the Agreement and the operating and Authorization Agreement dated August 1., 1977 and December 13, 1977 respectively, and WHEREAS, the parties agree to accomplish the concept plan as follows: 1. The Joint Powers Board shall be responsible for the supply of water, repair and replacement of the EDA watermain placed in service in 1978 (see exhibit 1). tExar,12le of su ly: sprinkling banswater quality. etc.} The member communities shall make all decisions regarding the repair and replacement of the remaining distribution system to include the bidding process and construction of the replacement in their respective community. (minor repairs or replacement of the distribution system will be the responsibility of each respective community - minor repairs/replacement will be done with the operation and maintenance i.e, hydrants, gate valves, watermain break and curbstops) 2. The Joint Powers Board shall charge a base water rate to be determined periodically for all customers on system and water rates for those customers directly connected to the EDA watermain. The member communities shall determine a rate to be added to the Board's base rate for the remaining water users In their respective community. 3. The Joint Powers Board shall charge a base hook on fee to be determined periodically for all future water services and hook on fees for those future service connections to the EDA watermain. The member communities shall periodically determine a hook on fee to be added to the Board's base rate for the remaining future water services in their respective community. (Example: water services hooked directly onto the RDA watermain would be the responsibility of the Joint Powers Board whether or not they reside in Albertville, St. Michael or Hanover.) (Example of minimum rates per quarter: Joint Powers Board users - $17.50; Albertville users - $18.30; Hanover users - $17.90 and St. Michael users - 518.50.) 4. The Joint Powers Board shall maintain separate financial records for the supply and distribution systems of the member communities and submit a financial report with net monies every quarter to the respective communities. 03/26/1998 10:55 612-497-4908 JOIN' POWERS PAGE 08 0 "- DISTRIBUTION OWNERSHIP/RLSPONSIBILITY CONCEPT PLAN 2 PAGE 2 5. The Joint Powers Board shall review developmental plans and specifications and as -bunts and tie cards to include test results for supply issues only. The member communities shall review ions to include ncludetfulplans timeand con,sptructiontreviewand fors-bUilts and diistributiontle cards issues to in 6. The member communities shall aa adopt the Joint Powers Board Standard Specifications and policleS a mmnrehensiye should be P1 aced The above addition to the concept plan was approved by the Board at their February 11, 1998 meeting and the underlined amended he Board at their March 23.99$ meeting.