1998-05-18 CC PacketALBERTVILLE CITY COUNCIL
AGENDA
May 18, 1998
7:00 PM
1. CALL TO ORDER - ROLL CALL - ADOPT
AGENDA
2. MINUTES
May 4, 1998, Regular Meeting
3. CITIZEN FORUM - (10 Minute Limit)
4. CONSENT AGENDA
a. Financial Statement (April 29 — May 28)
b. Approval of Check #'s 10527 - 10573
C. Request from Friendly City Days Committee to close city streets during
Friendly City Days
5. SPECIAL ORDER
a. Ice Arena Update — Paul Ederer
b. 1997 Audit Report
6. DEPARTMENT BUSINESS
a. ENGINEERING
Tiff • Railroad right-of-way land purchase — Report
b. LEGAL
�S (1) U.S. West CUP Agreement
(2) Pat's 66 CUP Agreement
c. ADMINISTRATION
(jam (1) Authorize attorney to draft agreement to purchase 13 acres of park/fire
hall land from Bernard Marx
i
6.
(2) Request from Friendly City Days Committee that the Council require
organizations requesting 3.2 licenses for the week -end be required to
issue wrist bands to patrons
(3) RESOLUTION #1998-11 (Approving the redesignation of County
Road 118 as a County State Aid Highway 18 (CSAH 18)
(4) Land Use Concepts 1 & 2 (for discussion purposes only)
(5) Consider changing the Council voting from "yea" to "aye"
(Councilmember Stalberger)
(6) Consider requiring daily mayoral contact with City Hall staff
(Councilmember Stalberger)
ADJOURNMENT
UPCOMING MEETINGSAMPORTANT DATES
May 20
Staff Meeting
9:00 AM
May 21
EDA Meeting
7:00 PM
May 26
Planning & Zoning Commission Meeting
7:00 PM
May 27
Joint Powers Water Board
7:00 PM
June 1
Regular City Council Meeting
7:00 PM
June 9
Regular Planning & Zoning Meeting
7:00 PM
June 15
Regular City Council Meeting
7:00 PM
T
ALBERTVILLE CITY COUNCIL
May 4, 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 Olsen called the regular meeting of the Albertville City Council to
order.
The agenda was amended as follows:
• Add Item 5c(5) — Oakside Park ball field
• Add Item 5a(3) — Engineering Project Updates
Gundersen made a motion to approve the agenda as amended. Berning seconded
the motion. All voted aye.
Vetsch made a motion to approve the minutes of the April 20, 1998,
meeting as presented. Gundersen seconded the motion. All voted aye.
Stalberger made a motion to approve the corrected Financial Statement for
the period April 1 — April 16 as presented. Vetsch seconded the motion. All voted
aye.
Stalberger made a motion to approve the Financial Statement for the period
April 17 — April 28 as presented. Vetsch seconded the motion. All voted aye.
Stalberger made a motion to approve payment of Check #'s 10501 — 10522 as
presented. Vetsch seconded the motion. All voted aye.
Stalberger made a motion to authorize the Public Works Committee to
review the Wastewater Treatment Facilities Operations contract along with the
City Engineer and the City Administrator. Vetsch seconded the motion. All voted
aye.
Stalberger made a motion to approve the WWTF Monthly Operations
Report for March 1998 as presented. Vetsch seconded the motion. All voted aye.
Wright County Commissioner Judie Rose explained that Wright County
would not be able to pay for the beaver trapping in the amount of $20 per beaver if
■
ALBERTVILLE CITY COUNCIL
May 4, 1998
Page 2 of 4
the City of Albertville is already paying the trapper for those beavers. According
to ditch law, the County will pay $20 per beaver and will assess the benefiting
property owners. Since the City of Albertville has agreed to pay the trapper for
the beavers, Commissioner Rose indicated that she would pull payment to the
trapper from the Wright County Board of Commissioners agenda.
City Engineer Pete Carlson reported Burlington Northern Railroad has
indicated their willingness to sell the right-of-way the City currently leases. The
parcel is approximately 61,000 square feet. Carlson explained that the selling
price has not been discussed.
Vetsch made a motion directing the city engineer to determine the asking
price of the entire 61,000 square feet and report to the next meeting. Berning
seconded the motion. All voted aye.
Carlson reviewed the population projections prepared for inclusion in the
Facilities Plan for the wastewater plant. Projections extend to the year 2020 and
the complete development of the current city limits.
Berning made a motion to accept the population projections as presented.
Vetsch seconded the motion. All voted aye.
Carlson informed the Council that the Savitski ditch project is in process
and should be completed by the end of the week.
Carlson reported that he is working on the Kalenda Court curb replacement
job. A contractor will be in the area pouring curbs in the next week or so and
Carlson will contact him to perform the replacement on Kalenda Court.
City Attorney Couri recommended the Council consider bonding for the
$133,333.33 City portion of the ice arena funding. The bonding process will
require a two -month time frame. Two separate resolutions will need to be adopted
by the Council to begin the bonding process. Couri further recommended the
funds not be released to the Ice Arena Board until the costs of construction and the
association's funds are known.
Olsen made a motion directing the city attorney to prepare the resolutions
necessary for the bonding process for consideration at the next regular meeting.
ALBERTVILLE CITY COUNCIL
May 4, 1998
Page 3 of 4
Vetsch seconded the motion. Vetsch, Olsen, Beming and Gundersen voted aye.
Stalberger abstained. The motion carried.
Couri explained that although state statutes allows the Council to conduct
its own public hearing on rezoning property, the City's own ordinances require the
Planning & Zoning Commission to conduct the public hearing. The Council then
acts upon the recommendation of the Planning & Zoning Commission by either
accepting or denying their recommendation.
Marty Nelson requested a minor variance of four (4') feet from the rear
yard setback to allow a deck to be constructed on the back of his house. Nelson's
lot is located on an "eyebrow" on 53`d Street, which required that his house be
placed further back on the lot to meet the minimum front yard setback. This has
created a small rear yard that requires a variance to allow a 16' wide deck to be
constructed. The rear yard adjoins the Primary School property and Nelson told
the Council that Superintendent DeMatteis is not opposed to the variance being
granted although he is not willing to direct a letter to the Council with that
information. Mayor Olsen indicated he would prefer that the City receive written
confirmation from the school.
Based on the unusual configuration of Nelson's lot, Stalberger made a
motion adopting the Findings of Fact & Decision granting a minor four foot
variance from the rear lot line for Marty and Jodi Nelson on Lot 10, Block 1,
Hardwood Ponds 2nd Addition (11682 53`d Street NE). Vetsch seconded the
motion. Stalberger, Vetsch, Berning and Gundersen voted aye. Olsen voted no.
The motion carried and the variance was granted.
Security State Bank of Maple Lake is interested in purchasing the small
triangular piece of property adjoining their bank facility lot in Sunrise Commercial
Park to allow a one-way access to the bank from County Road 19. City Attorney
Couri stated Wright County requires a portion of that parcel for right-of-way
purposes, but the City could request the County deed back to the City the portion
that is not needed for right-of-way.
Berning made a motion requesting Wright County deed back the portion of
the triangular shaped property not required for right-of-way purposes to the City
and supporting the sale of the property to Security State Bank of Maple Lake at a
price to be negotiated later. Gundersen seconded the motion. All voted aye.
M I t
CITY OF ALBERTVILLE
FINANCIAL STATEMENT
April 29- May 13,1998
Beginning Cash Balance April 29,1998
Income:
Animal Licenses 15.00
Building Permits 37,185.27
Donations (Queen Committee) 600.00
Insurance Payment 392.74
Interest on Checking Acct. 292.30
Loan Payment 689.06
Park Rent 175.00
Planning Fees 850.00
Sewer License 45.00
Title Search 40.00
Miscellaneous 30.00
Total Income 409314.37
Expenses:
Check Ws 10500 - 10522 35,269.82
(Approved 5/4/98)
Payroll Checks 3,314.41
Check Ws 10523 —10526
(Pay Period 4/25 — 5/8)
Total Expenses 389584.23
Ending Cash Balance May 13,1998
yao
$2239866.01
$2259596.15
INVESTMENTS
CD #9226 — Development Corporation — matures 5/28/98
CD #300116 = AFD — matures 6/26/98 @ 4.7%
CD #22202 — matures 4/6/99 @ 6.12%
Dain Bosworth Investments (4/30/98)
TOTAL INVESTMENTS
Money Market Savings Account (4/30/98)
7675.47
25,183.60
589,516.62
1,305,185.53
$1,927,561.22
467,045.60
t f
CLAIMS FOR PAYMENT
. May 18,1998
Check No.
Vendor
Purpose
Amount
10527
Action Radio & Communciatio
F.D. Equipment Check
$
15.00
10528
Affordable Sanitation
Portable Toilets - Parks
$
215.70
10529
AirTouch Cellular
F. D. Cell Phone
$
11.80
10530
Albertville Queen Committee
Lions Donation
$
600.00
10531
Aramark
P.W. Uniforms
$
17.25
10532
Black, Scott
Mileage
$
10.15
10533
CarQuest
Parts/Supplies
$
53.09
10534
Chouinard Office Products
NamePlate
$
8.51
10535
Couri & MacArthur
Legal Services
$
4,891.15
10536
Crow River News
Two-year Subscription
$
38.00
10537
DJ's Total Home Care
Monthly supplies
$
289.34
10538
Don's Auto
Gas/Repairs
$
293.55
10539
Drewelow, Robert
Mileage/1st Responders Class
$
194.66
10540
Gopher State One Call
Locates
$
8.75
10541
Hack's
Supplies
$
112.45
10542
Laerdal Medical
Repair Defibulator
$
595.00
10543
Larson Publications
April Legal Notices
$
234•91
10544
Lewis, Brian
Mileage/1st Responders Class
$
196.40
10545
Lindsay, Ken
Mileage - WWTF Class
$
16.13
10546
Loegeriong Upholstery
Repair Turnout Gear
$
80.50
10547
Mills, Tate
Mileage/1st Responders Class
$
213.80
10548
MN Dept. of Health
Water Supply License Renewal
$
23.00
10549
Monticello Animal Control
April Service
$
36.00
10550
Monticello -Big Lake Hospital
1 st Responders Class
$
252.00
10551
Nelson, Jack
Trapping two beavers
$
50.00
10552
NSP
Monthly Service
$
2,632.44
10553
NAC, Inc.
Planning Services
$
3,649.52
10554
Norwest
1990 GO Improvement Bond
$
134,388.75
10555
Norwest
1990 GO TIF Bond
$
1,507.50
10556
Norwest
1990 GO Imp & TIF Bonds
$
750.00
CLAIMS FOR PAYMENT
May 18,1998
10557
PERA Life Insurance
Payroll Deduction
$
12.00
10558
PERA
Pay Period 4/25 - 5/8
$
352.94
10559
Pats 66
Monthly Charges
$
17.37
10560
Pitney Bowes
Maintenance Contract
$
93.00
10561
Precision Auto Repair
Light Switch
$
3.89
10562
Pryor Resources
Microsoft Excel Seminr
$
99.00
10563
Roy Simms Library
Jaycee Donation
$
1,000.00
10564
Scharber & sons
John Deere Repairs
$
2,606.99
10565
Short, Elliot & Hendrickson
Engineering Fees
$
5,998.62
10566
State of Minnesota
Permit
$
110.00
10567
Superior Services
Garbage Service
$
93.02
10568
U.S. Bank
1988 Sewer & Water Revenue
$
77,743.75
10569
USCM Midwest
Payroll Deduction/Contribution
$
306.10
10570
Valenus, Bill
Mileage/EMT Refresher Class
$
262.80
10571
Wright County Treasurer
May Police
$
8,650.50
10572
Wright Recycling
April
$
1,215.00
10573
Wright Hennepin Electic
Greenhaven Street Lights
$
22.64
Total Claims $ 249,972.97
P.O
Alba"* k �
May 10,1998
City of Albertville
P.O. Box 9
Albertville, MN 55301
City Council,
The Albertville Friendly City Days committee is requesting permission to close dawn the following list of
streets on the days listed during Friendly City Days.
Street
Day Time Activity
58th Street (Main to Lander Avenues)
June 11-15
All Day
Carnival
Lander Avenue (58th Street to Barthel's Driveway)
June 12-14
All Day
Carnival
Main Avenue (57th to 59th Streets)
June 12-13
6:00 -1:00
Dance
Main Avenue (56th to 57th Streets)
June 13
10:00-11:00
Kids Parade
56th Street (Main to Lander Avenues)
June 13
10:00- 11:00
Kids Parade
Lander Avenue (56th to 57th Streets)
June 13
10:00-11:00
Kids Parade
57th Street (Main to Lander Avenues)
June 13
10:00- 11:00
Kids Parade
Lansing Avenue (50th to 51st Streets)
June 13
1:00- 4:00
Soapbox Derby
Lander Avenue (57th to 58th Streets)
June 13
1:00-4:00
Pedal Pull
Main Avenue (50th to 60th Streets)
June 14
1:00-4:00
Grand Parade
59th Street (Barthel Industrial Drive to Main)
June 14
1:00- 4:00
Grand Parade
Barthel Industrial Drive (51 st to 59th Streets)
June 14
1:00-4:00
Grand Parade
51 st Street (Barthel Industrial Drive to Main)
June 14
1:00-4:00
Grand Parade
60th Street (CASH 37 to Main Avenue)
June 14
1:00- 4:00
Grand Parade
For your information we have submitted applications to Wright County Highway Department for the closing of
CASH 35 (Main Avenue) for June 12th,13th, and 14th.
The applications
are attached.
The committee; is also requesting permission to extend the city park hours on Friday, June 12 to 1:00 a.m. for
the Fireman Dance, and on Saturday, June 13th to 12:00 Midnight for the Jaycees Softball Tournament.
Sincerely,
Albertville Friendly City Days Committee
I r 6
66(
CONDITIONAL USE AGREEMENT
US West Wireless, LLP
THIS AGREEMENT, entered into this day of 1998 by and
between Kenneth Nielson, on behalf of US West Cellular Communications, referred to herein
as "Developer"; and the CITY OF ALBERTVILLE, a municipal corporation organized under
the laws of the State of Minnesota, County of Wright, State of Minnesota, hereinafter referred
to as "City";
WITNESSETH:
WHEREAS, Developer is the lessee and developer of a parcel of land, herein after
referred to as the "Property" or "Subject Property" and legally described as follows:
upon which parcel of land Developer has applied to the City for a Conditional Use Permit
(CUP) for the purpose of erecting.162 foot 9 inch cellular monopole structure (hereinafter
referred to as "cellular antenna" or "antenna"). Said CUP is the subject of this Agreement;
and
WHEREAS, the City has granted Developer's CUP request contingent upon
completion and continuing compliance with certain City requirements including, but not
limited to, matters set forth herein; and
WHEREAS, the City further requires that the Developer at all times comply with
certain conditions and restrictions related to the use of said Property as detailed in this
Agreement; 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 use of the Property;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED,
in consideration of the issuance of the City's CUP, Developer agrees as follows:
1. Conditional Use Permit. Developer is hereby granted a Conditional Use Permit to
allow the Developer to construct and maintain a cellular antenna in accordance with
the site plan attached as ;. provided the following requirements are met on
a continuing basis:
1
A. The cellular antenna shall remain in compliance with all City building and
electrical code requirements and Developer shall obtain any and all permits as
may be required for maintenance and operation of cellular antennas.
B. Structural design, mounting and installation of the antenna shall be in
compliance with the manufacturer's specifications and shall be verified and
approved by a registered professional engineer.
C. Written proof of authorization from the property owner/ lessor for antenna
erection shall be provided to the City
D. No advertising message or device(s) shall be affixed to the antenna structure..
E. The antenna shall not be artificially illuminated, unless required by law.
F. Any required federal, state or local agency licenses shall be obtained prior to
commencement of construction of the antenna.
G. The antenna tower shall be painted gray.
2. Developer to Remove Antenna, Cost.. Upon expiration of the twenty-five year lease
term or any extension(s) thereof, or at such time as the cellular antenna is no longer in
use for providing wireless communication services, Developer agrees to remove the
cellular antenna at Developer's sole expense.
3. Developer's Expense. Installation of all site improvements and compliance with all
conditions and restrictions required by this Agreement shall be at the sole expense of
the Developer.
4. Limited Approval. This Agreement and the issuance of the Conditional Use Permit,
which is the subject of this Agreement, in no way constitutes approval of anything
other than that explicitly specified within this Agreement.
5. Developer to Comply with City Ordinances. Developer shall at all times comply
with all City ordinances applicable to the Property and the business operations
conducted on the Property.
6. Abandonment of Proiect - Costs and Expenses. Should Developer abandon
construction upon the Subject Property as herein proposed, then Developer shall be
liable to the City for any and all costs and expenses related to attorneys fees,
2
professional review, drafting of this Agreement, and any other expenses incurred by
the City in reliance upon Developer's various representations. These costs and
expenses shall be paid to the City within thirty (30) days after Developer's receipt of a
bill for such costs from the City.
7. Developer To Pay City's Costs and Expenses, It is understood and agreed that the
Developer will reimburse the City for all administrative, legal, and professional costs
incurred in the creation, administration, enforcement or execution of this Agreement.
8. 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 construction of the cellular antenna upon Said Property. 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 Property. 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 either surety described
above.
9. Temporary Easement Rights. Developer shall provide access to the Subject Property
at all reasonable times to the City or its representatives for purposes of inspection or to
accomplish any necessary work pursuant to this Agreement.
10. Miscellaneous.
A. Developer agrees that all items required to be constructed 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
3
Contrast is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Contract~
C. 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 deemed a waiver or release of any City rights under this
Agreement.
11. Violation of Agreement. Should Developer breach of any of the terms of this
Contract in such a manner that the City believes merits revocation of the Conditional
Use Permit granted under this Agreement, the City shall give Developer seven () days
mailed notice of City's intent to revoke said Permit, and if such default is not cured
within said seven (7) day period, the City may hold a revocation hearing to determine
whether said Permit should be revoked. If Developer fails to correct said breach by
the time the revocation hearing is held, the City may revoke said Conditional Use
Permit if it reasonably finds that said breach warrants revocation. If Developer
remedies said breach after the expiration of the seven day period but before said
revocation hearing is completed, Developer shall pay all City expenses (including, but
not limited to planner's, engineer's, attorney's and other professional fees) related to the
breach and revocation hearing.
12. Indemnity. Developer shall hold the City and its officers and employees harmless
from claims made by Developer and/or third parties for damages sustained or costs
incurred resulting from the granting of the Conditional Use Permit and/or development
of Said Property. 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.
13. Developer Bound by Contract, Developer shall be personally liable for the
fulfillment of all obligations under this Contract. Assignment of this contract shall not
relieve Developer of its obligation to comply with all of the conditions and restrictions
set forth in this Agreement.
14. Attorngy's Fees. The Developer will pay all reasonable attorney's fees incurred by
the City and as fixed by the Court in the event a suit or action is brought to enforce the
terms of this Agreement.
15. Notification Information, Any notices to the parties herein shall be in writing,
4
delivered by hand (to the City Clerk for the City) or registered mail (addressed as
follows) to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (612) 497-3384
US West Wireless, LLP
426 North Fairview Ave.
St. Paul, MN 55104
15. 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
US West Communications
By
Its Representative
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 corporation, on behalf of the City and ptinuant to the authority of the City Council.
5
i
1 0 1
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
1998, by Linda Goeb, 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
1998, by Kenneth Nielson on behalf of US West Wireless, LLP.
Notary Public
This Document Drafted by:
Michael C. Couri
Court and MacArthur Law Office
705 Central Ave. E.
P.O. Box 369
St. Michael, MN 55376
2
i
b(a)i
i
CONDITIONAL USE AGREEMENT
Pat's Phillips 66 Station Addition
THIS AGREEMENT, entered into this day of , 1998 by and
between Pat Meyer, d/b/a Pat's Phillips 66 Station, referred to herein as "Developer' ; and the
CITY OF ALBERTVILLE, a municipal corporation organized under the laws of the State of
Minnesota, County of Wright, State of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of a parcel of land, herein
after referred to as the "Property" or "Subject Property" and legally described as follows:
upon which parcel of land Developer has applied to the City for Conditional Use Permits
(CUP) for the purpose of expanding an existing fuel sales business to include both a car wash
and auto service bay (e.g. oil changes, etc.) Said CUPS are the subject of this Agreement; and
WHEREAS, the City has granted Developer's CUP request contingent upon
completion and continuing compliance with certain City requirements including, but not
limited to, matters set forth herein; and
WHEREAS, the City further requires that certain site improvements be installed by
the Developer within and about the Property, and that the Developer at all times comply with
certain other restrictions related to the use of said Property as detailed in this Agreement; 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 use of the Property;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED,
in consideration of the issuance of the City's CUP, Developer agrees as follows:
1. Conditional Use Permit. Developer is hereby granted Conditional Use Permits to
allow the Developer to construct and operate', both a car wash and auto repair service
bay according to the site plan attached as Exhibit provided the following
requirements are met on a continuing basis:
A. The general Conditional Use Permit 'provisions, as well as those provisions
1
"I
pertaining to car washes and auto repair, of the City's zoning ordinance are
satisfactorily met.
B. All grading, drainage and utility matters are subject to review and approval by
the City Engineer.
C. The curb cut on Large Avenue closest to CSAH 37 is relocated further south to
provide a minimum forty (40) foot separation from the intersection of Large
Avenue and CSAH 37. Alternatively, Developer may apply for a variance
from the forty (40) foot separation requirement and proceed through to
appropriate process for obtaining Council approval of the variance request.
The City Council will consider such a request, but reserves the right to deny the
variance. If the variance is denied, then the curb cut must be relocated as
described above.
D. Pavement markings and/or direction signage is used to indicate the desired flow
of both standard passenger vehicles and semi -truck traffic to and from the site's
three curb cuts.
E. Thirteen additional arkin.8 spaces are constructed, as shown on the plan
attached hereto as , to meet the required thirty-nine (39)
spaces. Additionally, the following parking related conditions apply:
1. Two of the above -mentioned parking spaces must be reserved and
designated as handicapped accessible.
2. The ends of the parking rows must contain curb barriers.
3. Developer must submit information to the City Planner concerning the
number of employees present on maximum shift and the number of company
owned vehicles.
4. All on -site parking spaces and driveways must be setback five (5) feet from
the property lines.
5. All drive lane and parking areas are surfaced with asphalt and curbed.
6. Overnight parking of semi -trucks and trailer is permitted on site, provided
they do not occupy needed parking spaces.
2
. i ,
F. All areas not paved or developed are planted in ornamental vegetation such as
lawns, ground covers, shrubs and trees. Furthermore, all parking and paved
areas are screened to a height of four (4) feet where adjacent to public streets
(north, south and west sides) so as to create a solid visual screen via either
fencing, landscaping, or a combination': the two.
G. A ten (10) foot easement is provided adjacent to the CSAH 37 right-of-way for
future trail use and is designated on the site plans.
H. All signage is brought into conformance with current sign regulations, except
for any signage for which a variance has been granted. Also, a current sign
plan is submitted for review and approval by the City Planner which shows all
existing and proposed signage, unless no new signage is proposed.
2. Developer's Expense. Installation of all site improvements required by this
Agreement shall be at the sole expense of the Developer.
3. Limited ARRroval. This Agreement and the issuance of the Conditional Use Permits
which are the subject of this Agreement, in no way constitutes approval of anything
other than that explicitly specified within this Agreement.
4. Developer to Comply with City Ordinances. Developer shall at all times comply
with all City ordinances applicable to the Property and the business operations
conducted on the Property.
5. Construction and Installation of Site Improvements. The Developer shall construct
the site improvements detailed on the attached Exhibit , including a paved parking
lot and landscaping in accordance with the terms of this Agreement. Said
improvements shall be installed by 1998 at the sole expense of the
Developer.
6. Abandonment of Project - Costs and Expenses. Should Developer abandon
development of the Subject Property as herein proposed, then Developer shall be liable
to the City for any and all costs and expenses related to attorney's fees, professional
review, drafting of this Agreement, and any other expenses incurred by the City in
reliance upon Developer's various representations. These costs and expenses shall be
paid to the City within thirty (30) days after Developer's receipt of a bill for such costs
from the City. In addition, if Developer abandons the project, in whole or in park
ceases substantial field work for more than nine (9) months prior to completion of all
3
I 1 ,
Site Improvements, or fails to provide sufficient ground -cover to prevent continuing
soil erosion from the Property, then Developer agrees to pay all costs which the City
may incur in taking action reasonably necessary to provide ground -cover and
otherwise restore Said Property to the point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent further soil erosion from Said
Property. Developer agrees that if such costs are not paid, then the City may specially
assess the costs against the Subject Property.
7. Developer To Pay City's Costs and Expenses. It is understood and agreed that the
Developer will reimburse the City for all administrative, legal, and professional costs
incurred in the creation, administration, enforcement or execution of this Agreement as
well as all costs incurred by the City in processing Said Property. Should the
Developer fail to pay said costs within thirty (30) days of request by the City, the City
may specially assess said costs against the Subject Property.
8. 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 Property. 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 Property. In the event the Developers 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, then all costs incurred by
the City incident to repair, maintenance and clean up may be specially assessed against
the Subject Property .
9. Temporary Easement Rights. Developer shall provide access to the Subject Property
at all reasonable times to the City or its representatives for purposes of inspection or to
accomplish any necessary work pursuant to this Agreement.
10. Miscellaneous.
4
A. 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.
B. Developer agrees that all items required to be constructed under this agreement
are items for which Developer is responsible for completing and all work shall
be done at Developer's expense.
C. 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.
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 deemed a waiver or release of any City rights under this
Agreement.
E. This Contract shall run with the land and may be recorded against the title to
the property.
11. Violation of Agreement. Should Developer breach of any of the terms of this
Contract in such a manner that the City believes merits revocation of either of the
Conditional Use Permits granted under this agreement, the City shall give Developer
seven (7) days mailed notice of City's intent to revoke said Permit(s), and if such
default is not cured within said seven (7) day period, the City may hold a revocation
hearing to determine whether said Permit(s) should be revoked. If Developer fails to
correct said breach by the time the revocation hearing is held, the City may revoke said
Conditional Use Permit(s) if it reasonably finds that said breach warrants revocation.
If Developer remedies said breach after the expiration of the seven day period but
before said revocation hearing is completed, Developer shall pay all City expenses
(including, but not limited to planner's, engineer's, attorney's and other professional
fees) related to the breach and revocation hearing.
12. Phased Development. If the development of the Property as detailed in this
agreement is a phase of a multi -phased development of the Property, approval of this
phase shall not be construed as approval of future phases nor shall it bind the City to
approve future phases of development. All future development phases shall be
5
, . r
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.
13. Indemnity. Developer shall hold the City and its officers and employees harmless
from claims made by Developer and/or third parties for damages sustained or costs
incurred resulting from the granting of the Conditional Use Permits and/or
development of Said Property. 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.
14. Developer Bound by Contract. Developer shall be personally liable for the
fiffliment of all obligations under this Contract. Assignment of this contract shall not
relieve Developer of its obligations related to the construction of the Site
Improvements described herein.
15. Attorneys Fees. The Developer will pay all reasonable attorney's fees incurred by
the City and as fixed by the Court in the event a suit or action is brought to enforce the
terms of this Agreement.
16. 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
c%Pat Meyer
Pat's 66
5952 Large Avenue N.E.
Albertville, MN 55301
17. Agreement Effect. This Agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
C
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
CITY OF ALBERTVILLE,
By
Its Mayor
By
Its Clerk
PAT MEYER
Pat Meyer
The foregoing instrument was acknowledged before me this day of
1998, 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
, 1998, by Linda Goeb, 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
7
I',"'..
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of ~
1998, by Pat Meyer.
Notary Public
This Document Drafted by:
Michael C. Court
Radzwill Law Office
705 Central Ave. E.
P.O. Box 369
St. Michael, MN 55376
E.
WRIGHT COUNTY
DEPARTMENT OF HIGHWAYS
Wright County Public Works Building
1901 Highway 25 North
Buffalo, Minnesota 55313
At. T.H. 25 and C.R.138
Telephone (612)682-7383
Facsimile (612) 682-7313
April 29, 1998
Mr David Lund
City Administrator, City of Albertville
5975 Main Ave. NE
Albertville, MN 55301
s
r
t
C3 r
s
3
WA'
ooz-r'aoo
VIRGIL G. HAWKINS, P.E.
Assistant Highway Engineer
682.7387
RICHARD E. MARQUETrE
Right of Way Agent
682-7386
Re: Approval of City Resolution to Redesignate County Road (CR) 118 as a County State Aid
Highway (CSAH).
Dear Mr Lund:
As you know, CR 118 is on the Wright County Highway Department's 5-Year plan for
improvement work to include grading base and bituminous. The project is scheduled for
improvement in two phases. The portion from Fenning Ave. in Monticello to CSAH 37 would be
improved in 1999. The remaining portion from CSAH 37 to CSAH 19 in Albertville would be
improved in 2000.
In order to use state aid funds for the project funding, it will be necessary to redesignate CR 118 as
a County State Aid Highway. I have enclosed two resolutions regarding this action. The enclosed
county resolution which was approved on April 21, 1998, redesignates CR 118 as CSAH 18. The
state requires city concurrence from all cities adjacent to a roadway being redesignated as a CSAH
route. I have an approved resolution form enclosed which can be used for city concurrence relating
to the redesignation of CR 118.
I respectfully request that your city council act on this item at their next regularly scheduled
council meeting. If you have questions regarding this action, please contact Virgil Hawkins,
Assistant County Engineer at 682-7387 or myself at 682-7386.
Sincerely,
Richard Marquette
Engineering Assistant
Wright County Highway Department
Enclosures; 1 Approved County Resolution
Appropriate City Resolution Form
PC: Wayne Fingalson, County Highway Engineer
Virgil Hawkins, Assistant County Highway Engineer
Equal Opportunity / Affirmative Action Employer
41 ). r
BOARD OF COUNTY COMMISSIONERS
WRIGHT COUNTY, MINNESOTA
Date _April 21. 1998 Resolution No. 98-20
Motion by Commissioner Sawatzke Seconded by Commissioner Mattson
RESOLUTION TO REDESIGNATE COUNTY ROAD NO. 118 AS COUNTY STATE AID HIGHWAY NO. 18
WHEREAS, the existing alignment of County Road No. 118 is located in an area of Wright County experiencing a
tremendous amount of growth, and
WHEREAS, this growth has created a large increase in the annual daily traffic on this highway resulting in the need to
upgrade the deficient cross section and loadbearing capacity to a 10 ton roadway meeting state aid standards, and
WHEREAS, the respective governing bodies of the adjacent cities of Monticello, Otsego, St Michael and Albertville, concur
in the need to upgrade County Road 118 and designate it as a County State Aid Highway, and
WHEREAS, the state aid mileage required for this 7.42 mile roadway can be obtained from other state aid routes within
Wright County with lesser amounts of traffic, and the State Aid Bank,
NOW, THiF,REFORE, BE TP RESOLVED, that County Road No. I IS, having a basic right of way width of 66 feet, and
described as follows:
Beginning at the junction with County State Aid Highway No.'75 in the City of Monticello (East Broadway), thence
southeasterly along the existing centerline of County Road No. 118 through Section 13, Township 121 North, Range
25 West; Sections 18, 19, 20, 28, 29, 33 and 34, Township 121 North, Range 24 West; Sections 2, 3 and 11,
Township 120 North, Range 24 West, to the junction with County State Aid Highway No. 19 (L,aBeaux Avenue) in
the City of Albertville, and there terminating, a distance of 7.42 miles,
BE, and is hereby revoked as County Road No. 118, and is hereby designated and to be known as County State Aid Highway
No. 18.
All actions subject to the approval of the Commissioner of Transportation, and
BE IT FURTHER RESOLVED, that the County Auditor is hereby authorized and directed to forward two (2) certified
copies of this resolution to the Commissioner of Transportation for his consideration.
om
JUDE
%
SAWATZKE
X
RUSSEK
X
ROSE
X
MATTSON
X
STATE OF MINNESOTA)
JUDE
SAWATZKE
RUSSEK
ROSE
MATTSON
NO
ss.
County of Wright
I, Richard W. Norman, duly appointed, qualified, and acting Clerk to the County Board for the County of Wright,
State of Minnesota, do hereby certify that I have compared the foregoing copy of a resolution or motion with the original
minutes of the proceedings of the Board of County Commissioners, Wright County, Minnesota, at their session held on trite._
21st • day of Ap1dL,19_2$, now on file in my office, and have found the same to be true and correct copy thereof.
Witness my hand and official seal at Buffalo, Minnesota, this 21st day of AFril , 19-2L.
v
County Coordinator
RESOLUTION #1998-11
WIIEREAS, the County Board of the County of Wright did adopt a
resolution revising the designation of County Road No. 118, within the
corporate limits of the City of Albertville, as follows:
County Road No. 118, having a basic right of way width of 66 feet, and described as follows:
Beginning at the junction with County State Aid Highway No. 75 in the City of
Monticello (East Broadway), thence southeasterly along the existing centerline of County
Road No. 118 through Section 13, Township 121 North, Range 25 West; Sections
18,19,2028, 29, 33 and 34, Township 121 North, Range 24 West; Sections 2, 3 and 11,
Township 120 North, Range 24 West, to the junction with County State Aid Highway
No. 19 (LaBeaux Avenue) in the City of Albertville, and there terminating, a distance of
7.42 miles,
Was revoked as County Road No. 118 and was redesignated and to be known as County State
Aid Highway No. 18.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Albertville, that said revision is in all things approved.
ADOPTED , 1998
Mayor
ATTEST:
City Clerk —
CERTIFICATION
I hereby certify that the above is a true and correct copy of a resolution duly
passed, adopted and approved by the City Council of said City on ,
1998.
City Clerk
City of Albertville
it 4.A s
f
NORTHWEST ASSOCIATED CONS'
COMMUNITY PLANNING - DESIGN - MARKET
MEMORANDUM
TO: David Lund
Albertville Mayor and City Council
Albertville Planning Commission
FROM: Elizabeth Stockman
DATE: 12 May 1998
RE: Albertville - CSAH 19 and 57th Street Rezoning
FILE: 163.05
In preparation for the upcoming public hearing on the rezoning of portions of CSAH 19
and 57"' Street, I have prepared two land use concepts to be discussed at the 18 May
City Council meeting and the 26 May Planning Commission meeting. The primary
issue at this point is the proper designation of desired land to be rezoned commercial.
Both Options One and Two show all vacant land on either side of CSAH 19 as
commercial to a distance of 500 feet. Concurrently, land on either side of 57t' Street to
the east of CSAH 19 (up to the Marx wetland) has been shown as commercial I did not
show the triangular piece of Marx land which lies across 571h Street from the Lion's Park
expansion area as commercial. I felt that the impact to the adjacent residential
neighborhood would be too great and that access was an issue do to the two dead-end.
streets in this location. It would be nice to complete a street connection here, but it
would not be feasible if zoned commercial, as vehicles would be drawn through the
residential area from Main Avenue.
Access is also a critical issue along CSAH 19 where Wright County would most
certainly limit access points. Exactly how and where this would be done requires the
engineering expertise of Pete Carlson and Virgil Hawkins. I have shown shared access
drives in several areas to begin the thinking along these lines.
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 1 2-595-9636 FAX 5 1 2-595-9837
r
Page Two
You will note a difference between concepts on the Sybrant/Psyk property at the south
end of the commercial zone. Option One shows the possible inclusion of a few
residential lots, while Option Two shows the same land as commercial. Note the two
existing residences which front on Wh Street. Both concepts show opportunity for Joint
Powers property expansion.
A thirty foot overland trail corridor has been included on both concepts to provide
beneficial separation of the commercial uses from residential on the east side of CSAH
19. Remnant land provides a small neighborhood park on the Psyk property to satisfy
the need outlined in the Park Plan. Note that the trail arrangement differs slightly
between concepts. Screening of future adjacent residential uses on the west side of
CSAH 19 would have to be addressed as well.
Let me know which concept is preferred and whether there are any other changes to be
made prior to the June public hearing. I'm sure we will need some colored copies
available to the public at that time.
pc: Linda Goeb
Pete Carlson
Mike Couri