1998-07-20 CC PacketALBERTVILLE CITY COUNCIL
AGENDA
July 20, 1998
7:00 PM
1. CALL TO ORDER - ROLL CALL - ADOPT
AGENDA
2. MINUTES
July 6, 1998, Regular Meeting
3. CITIZEN FORUM - (lo Minute Limit)
4. CONSENT AGENDA
a. Approve payment of Check #'s 10727 -10760
b. Approve 1999 Assessment Contract with Wright County Assessor
C.
5. DEPARTMENT BUSINESS
a. ENGINEERING
(1) Reduction in Don Aarthel's Letter of Credit from $148,500 to
$48,500
(2) Placement of the 1999 Intended Use Plan (WWTF)
(3) Kalenda Court Turnback
(4) Project Updates
;3u b. LEGAL
!s (1) Security State Bank of Maple Lake land purchase
(2) Mold Tech — TIF Inquiry
�(S (3) Ice Arena Grant Agreement
�v (4) ORDINANCE #1998-6 (AN ORDINANCE AMENDING
SECTION a-600.15 [Park Land and Trail Dedication
Requirements] OF THE ALBERTVILLE SUBDIVISION
ORDINANCE BY REQUIRING THE SATISFACTION OF
PARK AND TRAIL DEDICATION REQUIREMENTS BY
OWNERS OF EXISTING LOTS OF RECORD AND EXISTING
NEW DEVELOPMENTS WHERE NONE HAS BEEN
PREVIOSULY DEDICATED AND WHEN RESUBDIVISION
OF PROPERTY IS PURSUED)
(5) Developer's Agreement — Center Oaks P Addition
s (6) Cedar Creek Golf Course — Sanitary Sewer service to serve
maintenance building and superintendent residence
c. ADMINISTRATION
(1) Schedule date for Albertville -Otsego joint Council meeting
(2) Consider City participation in the RiverRider program in 1999 —
Cost $2,366
(3) Wright County Tattoo Ordinance — Does the City have anything to
input?
6. ADJOURNMENT
r i
ALBERTVILLE CITY COUNCIL
July 6, 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 Engineer Pete Carlson and City Attorney Marcus Miller
Mayor Olsen called the regular meeting of the Albertville City Council to
order.
The agenda was amended by adding the following:
Item 5a(5) - Greenhaven Drainage
Item 5d(7) - Schedule date for Task Force meeting to consider rezoning
Item 5d(8) - Local Ambulance Service
Item 6d(5) - Turn back of County Road 35
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 June 15, 1998,
meeting as presented. Gundersen seconded the motion. All voted aye.
Mayor Olsen asked if anyone present wished to address the Council.
Councilmember Vetsch asked Wright County Commissioner Judie Rose
about the County's plans for the turn -back of County Road 35. Rose explained
that an urban design without curb and gutter is currently the plan, however, those
items can be negotiated at the time of the turnback.
Vetsch made a motion to approve the Revenue/Expenditure Reports for
the months of March through May as presented. Stalberger seconded the motion.
All voted aye.
Vetsch made a motion to approve the Financial Statement for the period
May 28 — June 30 as presented. Stalberger seconded the motion. All voted aye.
Vetsch made a motion to approve payment of Check #'s 10688 — 10717 as
presented. Stalberger seconded the motion. All voted aye.
Vetsch made a motion to approve the WWTF Operations Report for the
month of May as presented. Stalberger seconded the motion. All voted aye.
OF f
ALBERTVILLE CITY COUNCIL
July 6, 1998
Page 2 of 5
City Engineer Peter Carlson reviewed the Joint Powers Water Board's
policy prohibiting dead-end water mains in excess of 650 feet. Carlson is looking
for direction from the Council regarding what is to be considered a dead-end water
main. Carlson feels the Joint Powers Water Board should not make the
determination on what is a dead-end water main, as the restriction of 650 feet on
all dead ends will make it impossible to eventually loop the watermains, which is
the ultimate goal. The Joint Powers Water Board's concern is that the water in the
dead-end mains will become rusty and lead to complaints from residents served by
the main. Carlson recommended that complaints of rusty water should drive the
flushing policy, so that the mains are flushed where rusty water occurs.
Councilmember Vetsch asked Carlson to draft a letter to the Joint Powers
Water Board regarding his concerns for the Council to review at the next regular
meeting.
The Council considered the proposed amendment to the Joint Powers
Authorization & Operating Agreement. The Council amended Paragraph 2 by
deleting the last sentence beginning "Operations and maintenance ... curb stops".
The addition of the following sentence to Paragraph 7: "One-third of the total
water supply will be allocated to each participating community".
Berning made a motion to approve the amendment to the Joint Powers
Operating & Authorization as amended. Gundersen seconded the motion.
Gundersen, Berning, Olsen and Stalberger voted aye. Vetsch abstained. The
motion carried.
Carlson reviewed the bids for the 1998 Street Overlay and Trails Project.
Buffalo Bituminous is the low bidder for the street overlayment project at
$52,450.00. Carlson had estimated the cost at $54,475.00. The trail bids
exceeded the engineer's estimate of $66,105.00 considerably. Buffalo
Bituminous' bid for the trail project was $86,561.50 and Omann Brothers' bid was
$97,656.36. Carlson suggested that he contact other contractors regarding the trail
project to determine if it may be possible to get a lower price.
Olsen made a motion to award the bid for the 1998 Street Overlay Project
to Buffalo Bituminous in the amount of $52,450.00, to authorize the engineer to
spend up to $5,000 to have the parking area behind the Public Works Building
paved, and to authorize the engineer to proceed with securing a price for only the
trail along Barthel Industrial Drive and to contact other contractors to get prices on
ALBERTVILLE CITY COUNCIL
July 6,1998
Page 3 of 5
constructing the other trails proposed. Gundersen seconded the motion. All voted
aye.
City Administrator Dave Lund reviewed the bids received for the reroofing
and residing of City Hall. B & B Sheet Metal & Roofing is the low bidder for the
reroofing project at $11,945.00. ABC Seamless Siding & Windows is the low
bidder for the residing project at $8,980.00.
Berning made a motion to award the bid to reroof City Hall to B & B Sheet
Metal & Roofing in the amount of $11,945.00 and to award the residing project to
ABC Seamless Siding & Windows in the amount of $8,980.00. Gundersen
seconded the motion. All voted aye.
City Engineer Carlson reviewed the Greenhaven Drainage Project. Fehn
Excavating has quotes a price of $17 per foot to install the 18" pipe. To install the
pipe in the preferred manner, a swap of easements between Craig Hadoff and Patti
Stalberger must occur. If that is not possible to obtain, the pipe will be installed
along the platted easements with drop drains at the turns.
Berning made a motion to hire Fehn Excavating to install the 18" pipe in
the Greenhaven Addition at a cost of $41,064, and to further stipulate that should a
problem occur downstream from the installation of the pipe, the City will install
and maintain a detention pond at the end funded through the storm water fund.
Gundersen seconded the motion. All voted aye.
Assistant City Attorney Marcus Miller reviewed the Conditional Use
Agreement for DJ's Car Wash with the Council.
Berning made a motion to approve the Conditional Use Agreement for DJ's
Car Wash as presented. Gundersen seconded the motion. All voted aye.
The Council discussed the request from Security State Bank of Maple Lake
to purchase the excess right of way along their property located at the intersection
of County Road 19 and 61" Street NE. The purchase will allow the bank to
construct an entrance -only access from CSAH 19.
Vetsch made a motion to approve RESOLUTION #1998-13 titled
RESOLUTION AUTHORIZING DISPOSITION OF CERTAIN
ALBERTVILLE CITY COUNCIL
July 6, 1998
Page 4 of 5
DESCRIBED REAL PROPERTY, contingent upon Wright County's turnback
of the property to the City and to sell that parcel to Security State Bank of Maple
Lake for $2,000. Berning seconded the motion. All voted aye.
The Council discussed the prices for the Phase I Environmental Study on
the railroad property the City wishes to purchase. City Engineer Carlson
suggested that the study should also include the Marx property the City wishes to
acquire.
Vetsch made a motion to table discussion of the Phase I Environmental
Study at this time. Gundersen seconded the motion. All voted aye.
Berning asked City Administrator Lund to check to see if any historical
aerial pictures of the railroad property are available that could show the location of
the original depot and structures.
Gundersen made a motion to accept Wright County Department of
Highway's offer to install signage at the access to CSAH 19 from DFs and to
share 50/50 in the cost of installing an additional street light at the southwest
corner of the CSAH37/CSAH 19 intersection with the City paying for the
electricity and maintenance costs after installation. Vetsch seconded the motion.
All voted aye.
The Council discussed RESOLUTION #1998-12 titled A RESOLUTION
REQUESTING AN AMENDMENT TO PRIMARY SERVICE AREA FOR THE
CITY OF ALBERTVILLE. The resolution will be forwarded to the Minnesota
Emergency Medical Services Regulatory Board (EMSRB) for consideration. The
reason for the request to amend the Primary Service Area is due to the closer
proximity, and therefore, shorter response time, from the Big Lake -Monticello
Community Ambulance.
Olsen made a motion to adopt RESOLUTION #1998-12 titled A
RESOLUTION REQUESTING AN AMENDMENT TO PRIMARY
SERVICE AREA FOR THE CITY OF ALBERTVILLE. Gundersen seconded
the motion. All voted aye.
The Council discussed RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT AND CERTICATE OF IMCUMBANCY AND THE Grant
Agreement End Grant for the STMA Ice Arena. Due to the uncertainty of whether
ALBERTVILLE CITY COUNCIL
July 6,1998
Page 5 of 5
the City of St. Michael and ISD #885 must also approve the resolution and the
grant agreement, Gundersen made a motion to have the city attorney review both
documents and make a recommendation. Vetsch seconded the motion. All voted
aye.
Gundersen made a motion to adopt ORDINANCE #1998-5 titled AN
ORDINANCE ESTABLISHING THE TIME DURING WHICH PERSONS
ARE PERMITTED IN LICENSED LIQUOR ESTABLISHMENTS. Berning
seconded the motion. Gundersen, Stalberger, and Berning voted aye. Olsen and
Vetsch voted no. The motion carried and the ordinance was adopted.
Vetsch made a motion that the City of Albertville will not join the
Minnesota Association of Small Cities organization. Gundersen seconded the
motion. All voted aye.
Berning made a motion to appoint Councilmembers Stalberger and
Gundersen and Planning Commissioner Jim Brown to the Task Force to consider
the zoning of the east side of CSAH 19 between 57th Street and 50th Street.
Stalberger will schedule the date of the meeting as soon as possible. Vetsch
seconded the motion. All voted aye.
Berning made a motion to adjourn at 10:15 PM. Gundersen seconded the
motion. All voted aye.
Mark S. Olsen, Mayor
Linda Goeb, City Clerk
CLAIMS FOR PAYMENT
July 20,1998
Check No.
Vendor
Purpose
Amount
10727
Aramark Uniform Service
Uniforms
$
86.26
10728
C.J.'s Linen Service
Fire Dept. Cleaning
$
29.83
10729
CarQuest
Monthly Supplies
$
90.80
10730
Central Rivers
Barn Lime
$
3.80
10731
Construction Bulletin
1998 Ovenaymnet/Trails Bid
$
230.00
10732
Dale's 66
Oxygen
$
24.36
10733
Danko
F.D. Gloves/PBI Hood
$
450.00
10734
DJ's Total Home Care
Monthly Supplies
$
29253
10735
Don's Auto
Gas & Repairs
$
241.21
10736
Euli's Manufacturing
Concrete for City Park
$ "
95.85
10737
Fehn Excavating
Class 5
$
86.70
10738
Firstar
1988 GO Adv.Ref./Imp. Bond
$
1,087.50
10739
Fraser Steel
Rerutn of 1st Half Taxes
$
22,586.25
10740
Gopher State One Cali
June Locates
$
59.50
10741
Lano Equipment
Service Call/Repair of Bobcat
$
148.20
10742
Larson Publications
June Legals
$
128.74
10743
Medics
Group Insurance
$
1,816.31
10744
Monticello Animal Contral
June
$
36.00
10745
City of Monticello
April - June Animal Boarding
$
495.00
10746
MTI Distributing
Spindle Assembly for Toro
$
266.24
10708
NSP
Monthly Service
$
3,146.57
10709
NAC. Inc.
Planning Service
$
2,032.66
10710
City of Otsego
Shared Road Agreement Charges
$
2,765.00
10711
PERA Life insurance
Payroll Deduction
$
12.00
10712
Pats 66
Monthly charges
$
62.30
10713
Sentry Sytems, Inc.
Park Alarm Monitoring
$
69.49
10714
Short Elliott Hendrickson
WWTF Facilites/Roof Specs
$
9,026.83
10715
Steffens Meats
FD Supplies
$
59.42
10716
Superior Services
Garbage Service
$
93.02
10717
U.S. Bank
1996A TIF Bond/1993A GO Bond
$
15,595.00
CLAIMS FOR PAYMENT
July 20,1998
10718 Weber Oil Company Diesel Fuel $ 37.18
10719 Wright County Treasurer July Police $ 8,650.50
10720 Wright Recycling June Recycling $ 1,215.00
10721 Wright Hennepin Electric Greenhaven Street Lights $ 22.36
TOTAL $ 71,044.41
JNTY ��
DOUGLAS M. GRUBER
Wright County Assesn, s #:
Z Wright County Government Center
m 10 2nd Street N.W. • Room 240
.� Buffalo, Minnesota 55313-1183
Phone: (612) 682-7367 / (612) 682-7368
d yWFAX: (612) 682-6178
78136
July 7, 1998
David Lund
City Administrator
_5975 Main Ave. NE
PO Box 9
Albertville, Minnesota 55301
RE: 1999 Assessment Contract
Dear David:
Enclosed is a contract for the assessment work for the 1999
assessment.
The proposed fees -for -doing the assessment work for 1999 is $.25
per parcel higher than 1998. The current parcel count for your
Township is 1,105 parcels.
If you have any questions or concerns about the enclosed contract
or.about the quality of your work, please feel free to contact me'.
We look forward to your continued cooperation and support of our
office and staff
(gipcerely,
ougl M. Gruber
Wright County Assessor'
Enclosure'
DMG/rt
Equal Opportunity / Affirmative Action Employer
t
DOUGLAS M. GRUBER
Wright Count Assessor
Z g y
Z Wright County Government Center
mM
10 2nd Street N.W. • Room 240
�W-0
Buffalo, Minnesota 55313-1183
Phone: (612) 682-7367 / (612) 682.7368
PAX. (612) 682-6178
7$g+$
TO: David Lund
City Administrator
5975 Main Ave. NE
PO Box 9
Albertville, Minnesota 55301
RE: - 1999 Assessment Contract
I, Douglas M. Gruber, Wright County Assessor representing Wright County, do hereby
contract with the City of Albertville to perform the duties of assessor for said City for the
year of 1999. Contract price is $7.00 per parcel which will include all expenses. Payment is
due after the 1999 Albertville City Board of Review.
Douglas . Gruber David Lund
Wright County Assessor City Administrator
Date: _July 7, 1998 Albertville City
Date:
Equal Opportunity `l A ftmattve Action Employer
5
.1,611twwoota Pollution Control Ag... _ -
July is, l"S
no 110ie
May . City of AIMWI&
5975 Misin Avenue NE
Allhrilie Minnesaft S5301
RB IU R;cvoiviug Fun0s Pr�ect Priority List
D= Olsn:
`Ibia is in response to ym *9 the city of A%wh►dk be placed on the Project Prwrby List
(PPL,) of the Weler Polludo CoWrol Re olviixg Fund (more commonly known as the State Revolvlag
ear . It has-beeat ieW dW the project has a need and can be placed on the PPL.
Cwrrwdb6 dw projecthas a peHmhwy rig of 1 point, but that will in almost all casesbe increased
(as 044dued in Mina. R. 7077.0165) fWbwiog our review of the projects facilities plan or
saat%aa em prate.
IU SRF ptogrant is jelly aftk&ftvd by the Minne sou Pollution C mftl Agency (M[F'CA) and *S
Minnesota`Public Facilities Au*ortty (PFAX which is housed in the DeMWent of Trade and Ecououild
Development. The MEGA is responsible for preparing the Intended Use Plan (It1PX which is to
list of elivible proposed loan projecaj and for reviewing and monitoring proje eft to ensure they
Wcb" and environmental The PFA is responsible The the financial management nt oft
propropam, including dMrminift the ftms and conditions of &a loans and making the actual lean awards
and disbursanimts.
Enclosed n a packet of Wounation to w*lWn the SRF pwgram and approval , including me
`doale► f4W &e 1999 hUnded Use Plan (IUP). If you we pkmft to mqwstpkicenew on the
19" RIPwe nwt recebe yo w rsquW kaer by.lugust 3,1998.
If You have any questiow concezubw the: SRF loan program or the WP, please; call me at (651) 296-7231.
If you have questions concerning financing isuies and PFA's loan application process, contact PFA
directly at(651) 297-1530.
S.
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SRF
W lity Division
JR:mbo
Enckow
SM Lataveft Ad. N.;,St, Pew, W4, SSI W 4194, (612) 2964M (Voice); (612) 282-SM (TTY)
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State Revolving Loan Program
Work Involved Whea Applying fora Construction Loan
1. Municipality requests p1wmawl on the PPL 4. Municipality submits,
. li 'ves val of "es Plan S. MEGA es loancertification
3. .. Wes+, MPeft P ent a de RJP 6. MPCA catifies loan projed to PFA
lAndagontboProepAPtioritylig(PPL)
Subwit,a written request to dw MPCA which includes:
1. A descriptim of dw need for do now or upgraded wastewater treatment system
. Iftmown. a deectiptiomof 6e, proposed prqed and its cease
3. Any Wormstion that is necessary for the project to receive ectra Points
4. For a without a NPDES of SDS panik the information submittal must in .,
(1) the tchi number of structures with wastewater flows is the project service , a
(2) a map of the project service area which has an identifiable scale, identifies all the
Mums with wastewatw flows, and has the mwdmwn import acne clearty encircla:
Ficilfties, Planning
1. Municipality submits Facilities Plan
2. ' MPCA does technical and initial Environmental Review
3. Facilities Plan is given preliminary approval
4. Environmental Review completed (may include an EAW)
S. NPD S permit issued
6. Facilities Plan given final approval
• Listing on the Intended Use Plan (IUP)
To Be Eligible for Placement on the: NP:
• The project must be on the current Project Priority List (PPL).
• For a coustruction, loan, project must have preliminary approval of facilities plan.
To Request Placement on, the RIP the municipality submits a written request to the MPCA
which includes:
1. a brief description of. pmect
2. au updated. project, cost adinuft and, if different, the requested loan amount
3. the proposed project schedule
4. a breakdown of estimated quarterly cash flow needs
•Dedp of Plans and Specifications
1. ` Municipality submits Plans and Specifics ions
2. MKA approves Plans Ind Specifications
3. MPCA cis approve ceritifintton material and certify project to PFA for invading
**To ass= &WliM the Municipality, must complete two step apphcauion process with PFA.
SWACTAOC
f
Schedule for 1999 Intended Use Flan
Wester Pollution Control Revolving Fund
• Friday, May 1,1"8:
Facilffies plats were due to the MPCA for construction loads, in addition to any Jne l tsl to
previously veal hciltt cs pits and any information for extra points. Plans may be submitted
for Wwvd aft&e May 1st deadline, however,plans received by or prior to this deadline will
receive fist prioacity. NOTE: Faculties plant received will be revvievved, in the order received �- some
• may. trot be approved depending on the level of WCA staff resources and work %ad.
• Monday, August 31:
Written requests due to the agency for placement on the 1999 MP. Refer to 1ldiuu. R. 7077.0279 for
a list of conditions and requirements.
ments.
• September 1998:
Draft 19991UP issued by the WCA followed by a public comment period.
• October 1998:
WCA finalizes 19991UP.
NOTE: The staff of the MPCA will monitor the pros of projects approved for the iUP to ensure that
they are mowing forward m good faith to complete design and/or plans and specMauons required for final
certification. Because the demand for loan fiuuding exceeds the amount of loan dollars available, projects
that fail to demote steady progress towards certification during the period between annual IUPs will
be bypassed and the RJP fundable range may be extended accordingly to allow additional projects to apply
for financing.
s
i
t
t
Pacft Plan Requirements
State Revolving^ Loan Program
Must have preliminary approval facom MPCA staff before project is placed on the Intended
Use Plea
• - Befa +eadovitim municipality must hold at least one public hearing to discuss the proposed
protect. Y .
Must be prepared and signed by a professional engineer registered in the state of Minnesota.
• Facility plans for individual sewage treatment systems (ISTS) designed to treat 5000 gallons
of less per day must be prepared: and signed by.eitir a professional engineeror an ^..
evaluator/chair.
• A Facilities Plan must address the following:.
i. Desenption and evaluation of existing system -which must consider.
Age;
Condition;
. �+✓ Design Capacity Treatment ♦ capacity,
Treatment capabilities of each treatment unit;
The system's ability to meet current of proposed permit requirements; and
For e7dsdng ISTSs, a survey must also be prepared which identifies whether or not each .
ISTS project in the project area conforms to Minn. Rules ch.7080.
2. Data describing exi :residential and non-residential, wastewater flows and loadings
reported on a form provided, by the MPCA.
3. Data describing fide residential and nonresidential wastewater flows and loadings with
the next 20 year period, on a form provided by the WCA, based on;
Projected residential growth
Projected nonresidential growth
Signed letters of intent from significant industrial users.
4. A discussion of wentalternative's that were considered during the facility selection
process and are capable of meeting the applicable effluent, water quality and public health
requirements for 20 years. The discussion must include:
A cost-effective comparison of the alternatives that were considered.;
A site assessment of the existing soil and ground water conditions conducted and
signed by a profssional enginew,
For ISTSs designed to treat less than 5,000 gallons per day, a site assessment must be
done by either a professional engineer or a certified evaluator/designer,
Acrruoc
Company information
Year Established:
Total Employees:
Employee Development:
Long term Goals:
Plans:
MOLD -TECH
"Timely Results"
1 June 1978 (20 years in business)
24 total - all are technical school or college
graduates or attending school.
We hire students to work part time while th
attend technical school and after they
graduate, we put them through our own
training program to teach them Moldbuildi
Design and build Plastic Injection Molds fo
ey
ng.
56(s)
Injection molding industry.
Brooklyn Park, Minnesota, We lease 5850
Square feet. s
Fiscal Year End 5/31/98- $2,370,000
Continue to grow at a rate of about 10% per
year and to ultimately triple our size. We plan
to add one to three new employees per year to
our payroll.
We are considering a move to this area and
would like to build a 10,000 to 12,000 sq. ft.
Building with approximately 3000 sq. ft. of
office space. We would build a Masonry
building with nice looking windows. We would
landscape the outside areas and we plan to put
in curb and gutter to improve the appearance
of our company. We do not need outside
storage other than a dumpster. We recycle our
used materials.
Stability: We have finish our 20t' year in business and
we have been at this location for that entire
time. We have add space as needed in the
multi tenant building that we have leased. We
are looking for a permanent location.
MOLD -TECH, INC., 8401 73rd Ave. N., Suite #42, Minneapolis, MN 55428, Phone: 612-536-2877 Fax: 612-5351404
07-13-1998 03:02PM FROM Couri & MacArthur TO 49732100 3
3
{
' 4
MEMORANDUM
TO: ALBERTVILLE CITY COUNCIL MEMBERS; DAVE LUND, CITY
ADMIM, STRATOR.
FROM: MIKE COURI, CITY ATTORNEY
SUBJECT: GRANT AGREEMENT FOR THE ST. MICHAEL-ALBERTVILLE ICE
ARENA PROJECT.
DATE: DULY 9 1998
I have reviewed the Grant Agreement/End Grant for the St. Michael -Albertville Ice
Arena Project. Because the agreement calls for the City to perform certain things that can
only be performed by the Ice Arena Joint Powers Board or can only be fulfilled by the
collective actions of Albertville, St. Michael and the School District, the agreement needs to
be approved by the Joint Powers Board, Albertville, the City of St. Michael and the School
District. In shock all; of the entities involved in this project must approve and sign the
agreement.
The agreement generally requires the signor to build an ice arena and operate it until
the Minnesota Amateur Sports Commission (State) and the Finance Commissioner require
otherwise. There are several conditions associated with the grant. I have highlighted only
those items in the agreement which are unusual, are very iamportant, or which I believe need
to be corrected. Thoso items which conform to the prior representations made to the City
regarding the grant are not discussed in this memo. The items are as follows:
IP .• Section 2.03 If the signor (presumably the Joint Powers Board [JPBj) enters into an
operating lease under which someone else will manage the facility, the signor must first
have the lease approved by the State and Finance Commissioner.
• Section 2.03•---Each year the signor must provide the State and Finance Commissioner
with a certification that the facility is being used as an ice arena.
• Section 2.03---The signor must demonstrate to the State that it has the ability and a plan
to fund the ice arena operations. Any contractors who are to manage the facility must
also demonstrate that they have a plan and the funds to conduct arena operations.
C:Lnika\ALBERT\CENERAL\adnli istratormcma1a.doc
07-13-1998 03:03PM FROM Couri & MacArthur TO 49732100 P.02
• Section 2.03--The signor agrees to operate the facility as an ice arena. Although the
Sgrant application i1rdicated that the arena would need to be operated for a period of 20
years, this agreement appears to require the arena to be operated indefinitely. The 20-
year provision should be re-inserted.
5 • Section 2.04B—The signor will comply with all terms of the agreement and with the
"Commissioner's Order" relating to the use and sale of state bond financed property.
This order is not attached to the agreement and has not been reviewed. It needs to be
reviewed prior to the signing of the agreement.
• Section 2.04E--The signor covenants that compliance with the terms of this agreement
is not prevented by any other agreements. While the Joint Powers agreement signed by
Albertville, St. Michael and the School District does not prohibit the fulfillment of the
items required by this agreement, .Albertville cannot ensure that it can fulfill the terms of
the agreement since Albertville does not have majority control of the JPB. Because of
this, I believe that St. Michael and the School District need to be a party to the
agreement in addition to the JPB.
• Section 2.04G—ne signor covenants that the ice arena and its use will not violate any
covenant of record The JPB attorney should examine the title on the property,
including the donation from the Barthels, to ensure that nothing on the title will cause a
problem during the:life of the arena.
S ;g� • Section 2.05A—The signor will be in default if it ceases using the ice arena while the
State's G.O. Bonds are still outstanding. The agreement does not state how long the
bonds will be outstanding, This information is necessary to determine (at least in part)
how long the City roust operate the arena.
• Section 2.05B—The signor cannot sell the arena property or encumber the property (e.g.
by mortgage, etc.) without the written consent of the State and the Finance
Commissioner. There is no time limit on this provision. I believe that this provision
should only be valid so long as the State's bonds are outstanding.
• Section 2.05E—The signor is required to maintain insurance on the facility at all times.
• Section 2.06--If the signor breaches the agreement, the State can force the signor to
return all grant money (this is another reason why all parties must sign, since each party
would need to come up with $66,666.66 to return to the State), or the State can seek
specific performance requiring the signor to keep operating the facility as an ice arena.
2
C:Vmke\ALSERTkOENERAr.'wdministrator mcnso14.doc
64-4- �tc
�JA XW — /)11�
07-13-1998 03:03PM FROM Couri & MacRrthur TO 49732100 P.03
• Section 2.08----Thq signor must disburse the grant proceeds by November 25, 1998 or it
will lose the grant.!
S• Section 3.04--If the signor receives money under a use contract, a portion of the money
in excess of the wount needed by the signor to operate the facility and pay any debt of
the signor related! to the facility must be given to the Finance Commissioner. The
(�X proportion to be sett to the Finance Commissioner is set out by formula, but the formula
appears to be incorirect and should be clarified. The "excess money" provision calls into
doubt the ability of the JPB to use any "profits" to add to or enhance the facilities. These
provisions should be clarified.
• Section 3.05—The'� facility cannot be sold without the written consent of the Finance
Commissioner, and only then at fair market value.
• Section 3.06----If �e facility is sold, the Finance Commissioner must be repaid the grant
Smoney prior to the (disbursement of any sale proceeds to any other party. Any debt owed
to Albertville, St. Michael or the School District would be paid second Any remaining
proceeds get divided between Albertville, St. Michael, the School District and the State
in proportion to the amount of money each contributed. This clause should be modified
by the insertion of a time limit after which the State would not receive any money froth
the sale.
• Section 4.02--The; State will not disburse the $200,000 grant until several things have
been submitted tot he State, including a pay request detailing the use of the funds, and a
certificate of occupancy from the City. This requirement is bound to cause cash flow
problems for the JPB. If the $200,000 is needed to construct the facility, but the State
will not release the funds until a certificate of occupancy is issued (which will
presumably be issued only when the construction is completed) where will the JPB get
the $200,000 needed to complete the building? This issue should be discussed with the
State and the language modified accordingly.
• Section 5.03—The signor must keep all cost records related to the facility for five years.
• Section 5.05—The signor agrees to indemnify the State and hold the State harmless for
any claims arising �ut of resulting from, or in any manner attributable to any violation
of any provision of the Minnesota Government Data Practices Act, and including legal
fees and other coststo enforce this agreement. The language of this section is somewhat
vague and should lie tighter in regard to Data Practice Act violations arising from the
rant.
3
C:\ n t\ALBERTkOENF,RAL\udminau-atoa memo14.dw
07-13-1998 03;04PM FROM Couri & MacArthur TO 49732100 P.04
• Section 5.20--The grant is contingent upon the signor supplying matching funds. This
�j requirement will be met with the $133,333.33 contribution from the two cities and the
school. The language of this section requires the matching funds to be delivered to the
"State Entity." However, there is no definition for State Entity in the agreement. I
believe that this is; a typo --it should have read "Public Entity," which is defined as the
signor.
�Q Attachment A,---T1us is a declaration made by the owner of the arena property restricting
I the sale of the properly without the consent of the Minnesota Commissioner of Finance.
'This attachment needs to be signed by all three owners, Albertville, St. Michael and the
School District.
4
C:Un1ke1ALSERTICENERAt,�ndtaini*aw uU=c .doo
TOTAL P.04
JUL.-16-1998 15:07 NAC 612 595 9837 P 05i10
4th Draft 7-16-98
PC Recommended Approval on 7-14-98
CITY OF ALBERTVILLE
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO. 1998 - 6
AN ORDINANCE AMENDING SECTION A-600.15 (Park Land and Trail Dedication
Requirements) OF THE ALBERTVILLE SUBDIVISION ORDINANCE BY REQUIRING THE
SATISFACTION OF PARK AND TRAIL DEDICATION REOUIREMENTS BY OWNERS OF
EXISTING LOTS OF RECORD AND NEW DEVELOPMENTS WHERE NONE HAS BEEN
PREVIOUSLY DEDICATED AND WHEN RESUBDIVISION OF PROPERTY IS PURSUED.
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. SECTION A 600.4 (Lots) OF THE SUBDIVISION ORDINANCE IS HEREBY
AMENDED TO ADD THE FOLLOWING:
SECTION Z. SECTION A-600.15 (Park Land and Trail Dedication Requirements) OF
THE SUBDIVISION ORDINANCE IS HEREBY AMENDED TO READ AS FOLLOWS:
(a) Applicants forthe subdivision of land and developers of land within the City of Albertville
shall be required to dedicate to the City of Albertville for park, playground, trail and public open
space purposes the following minimum amounts of land or cash, or both, whichever the City, at
its option, shall require, The required dedication shall be made prior to the City's release of the
final plat for filing. The amount of any required cash contribution shall be calculated based upon
rates established by the City and In effect as of the date of the release of the final plat for filing.
(b) Land to be dedicated for public use shall be reasonably suitable for its intended use as
JUL-16-1998 15:08 NAC 612 595 9837 P.06/10
determined by the City and shall be at a location convenient to the public to be served. Factors
used in evaluating the adequacy of proposed park and recreation areas shall include size, shape,
topography, geology, hydrology, vegetation, access and location.
(c) The applicant shall consult with the Planning Commission, at the time his preliminary plat
is under consideration, to secure their recommendation as to the location of any property that
should be dedicated to the public, such as parks, playgrounds or other public property. The
preliminary plat shall show the location and dimensions of all areas to be dedicated in this
manner. Such contribution requirement recommendation(s) will be sent to the City Council for
their approval.
(d) When a proposed park, trail, playground, recreational area, or other public ground has
been indicated in the City's official map, Comprehensive Land Use Plan or Comprehensive Park
and Trail Plan and is located in whole or in part within a proposed plat, it shall be dedicated to
the City. If the applicant elects not to dedicate an area in excess of the land required hereunder
for a proposed public site that the City feels is in the public interest to acquire, the City may
consider acquiring the excess land through purchase or condemnation.
(a) Land area conveyed or dedicated to the City shall not be used in calculating density
requirements of the City Zoning Ordinance and shall be in addition to and not in lieu of open
space requirements for planned unit developments.
(f) Where private open space for park, trail, playground, open space or other recreation
purposes is provided in a proposed subdivision and such space is to be privately owned and
maintained by the future residents of the subdivision, such areas may be used for credit at the
discretion of the City Council against the requirement of dedication for purposes described in this
Chapter provided the City Council finds it is in the public interest to do so and that the following
standards are met:
(1) That yards, court areas, setbacks and other open space required to be maintained
by the zoning and building regulations shall not be included in the computation of such
private open space; and
(2) That the private ownership and maintenance of the open space is adequately
provided for by written agreement; and
(3) That the private open space is restricted for park, playground, trail, open space or
recreational purposes by recorded covenants which run with the land in favor of the future
owners of property within the tract and which cannot be eliminated without the consent of
the City Council; and
(4) That the proposed private open space is reasonably adaptable for use for such
purposes, taking into consideration such factors as size, shape, topography, vegetation,
geology, access and location of the private open space land; and
Park Dedication Ordinance - Page 2
JUL-16-199e 15:08 NAC 612 595 9837 P.07/10
(5) That facilities proposed for such purposes are in substantial accordance with the
provisions of the recreational element of the Comprehensive Plan or Comprehensive Park
and Trail Plan, and are approved by the City Council; and
(6) That where such credit is granted, the amount of credit shall not exceed twenty-five
(25) percent of the amount of dedication as calculated herein.
(g) The City, upon consideration of the particular type of development, may require larger or
lesser parcels of land to be dedicated If the City determines that present or future residents would
require greater or lesser land for park and playground purposes. In addition, the City Council
may also require lots within the subdivision be held in escrow for future sale or development. The
monies derived from the sale of escrowed lots will be used to develop facilities or to purchase
park land in the future.
(h) Residential Dedications.
(1) Land shall be dedicated pursuant to the following schedule wherein density is
calculated by considering the total gross acreage of the entire plat, subdivision or
development being considered:
Dwelling Units Per
Gross Acre
Less than nine (9)
Nine (9) and More
6-• I ror U r* 1"I ; -
10% of subdivision area
11% of subdivision area
plus an additional 112% for
each additional dwelling
unit per acre over nine (9)
(2) A cash contribution in lieu of land dedication may be required pursuant to a
standard formula established by the City, which formula takes into consideration such
things as, but not necessarily limited to, the fair market value of the property in the plat,
subdivision or development. The City Council shall establish from time to time by
Resolution the amount of required cash contribution, and until changed by Resolution
hereafter adopted, the amount of cash contribution shall be $1,300.00 per dwelling unit,
effective 1 January 1998.
(3) Combination Land and Cash. Dedication. The City may require the applicant or
developer to make a combination cash and land dedication pursuant to the following
formula:
(a) The amount of land which could be required in accordance with this
Ordinance shall be calculated.
Park Dedication Ordinance - Page 3
.IUL-16-1998 15:09 NAC 612 595 9637 P.08i10
(b) From the total calculated in sub -paragraph (3)(a) above, the actual amount
of land the City determines to be needed to fulfill the purposes of this
Chapter shall be subtracted.
(c) The balance arrived at in sub -paragraph (3)(b) above shall be converted into
a cash contribution in lieu of land dedicated pursuant to a standard formula
established by the City, which formula takes into consideration such things
as, but not necessarily limited to, the fair market value of the property in the
plat, subdivision or development and the percentage of the total park
dedication obligation represented by the said balance.
(i) Commercial, Industrial .ice` ;x.`.-� `s MIN,Dedication Requirements.
Land dedication, if required shall be ten {i0 ercent of a commercial
,. �[ subdivision or
development and five (5) percent of an industrial subdivision or development.
f the City requires payment of fees in lieu of land dedication, that
the fee shall equal ten (10) percent of the City's calculated fair market value for
commercial property as if zoned in the classification requested by the applicant or
developer.
(3);.., if the City requires payment of fees in lieu of land
dedication, that the fee shall equal five (5) percent of the City's calculated fair market value
for industrial property as if zoned in the classification requested by the applicant or
developer.
(4) Where a combination land and cash dedication is made, the lands dedicated will
be deducted from the total park dedication land requirement and the balance of acreage
will be multiplied by the current per acre dedication rate.
0) The City may elect to receive a combination of cash, land and development of the land for
park use. The fair market value of the land the City wants and the value of the development of
land shall be calculated. That amount shall be subtracted from the cash contribution required by
applicable sub -section above.
Park Dedication Ordnance - Page 4
JUG-16-1998 15:10 NAC 612 595 9837 P.09i10
(k) "Fair market value" shall be determined as of the time of the final plat approval in
accordance with the following;
(1) The City and the applicant may agree as to the fair market value based upon a
current appraisal.
(2) The market value of the property as determined by a recent selling price of the
parcel(s) in question.
(1) Planned unit developments with mixed land uses shall make cash and/or land contributions
in accordance with this Section based upon the percentage of land devoted to the various uses.
(m) The City Council shall establish a separate fund into which all cash contributions received
from owners and developers in lieu of conveyance or dedication of land for park, playground, trail
and open space purposes shall be deposited. The City Council shall establish separate
budgeting and accounting procedures for such fund and shall make from time to time
appropriations for such purposes, for developing existing parks, or the development of new park
facilities.
(n) If an applicant is unable to make a commitment to the City as to the type of building that
will be constructed on lots in the proposed plat, then the land and cash contribution requirement
will be a reasonable amount as determined by the City Council.
(o) Wetlands, ponding areas and drainageways accepted by the City may not. be considered
in the park land and/or cash contribution to the City.
(p) Property being divided with the same number of lots shall be exempt from all park land
dedication requirements. If the number of lots is increased or if land outside the previously
recorded plat is added, then the park land dedication and/or park cash contributions shall be
based on the additional lots and on the additional land being added to the plat. If the additional
land does not create additional lots. then each one-third (1/3) acre added shall be considered a
new lot for purposes of calculating the dedication requirements.
(q) Cash Payment. A cash contribution required by the City shall be made at the time of final
plat approval by the City Council or as specified by the applicable development contract.
(r) hail Dedication Requirements.
(1) Unless otherwise required by the City Council, the developer shall be required to
dedicate trails consistent with the Comprehensive Park and Trail System Plan which shall
be used as the guide for the installation of trails in the City. The Plan shows the desired
locations, types, and sizes of trails which shall be followed as a general rule. Final
determination as to trail locations, types, and sizes shall be determined at the time of
preliminary plat approval.
Park Dedication Ordinance - Page 6
JUL-16-1998 15:11 NAC 612 595 9837 P.10f10
(2) The developer shall be required to construct all trails within subdivisions. The cost
for installation of trails shall be counted as credit toward park dedication requirements,
calculated at one hundred five (105) percent of the construction bid price. All trails shall
be constructed to the City's specifications (City's Standard Detail Plates dated September
12, 1996 as may be amended by the City Council) and shall be completed prior to or at
such time as the wear course of asphalt is installed on the streets.
(3) Where trails are to be located outside of public street right-of-way, the developer
shall be required to dedicate a minimum thirty (30) foot corridor for the establishment of
said trails. The location of trails within corridors or easements shall be determined at the
time of preliminary plat approval.
(4) In special cases where trails are predominantly located within public rights -of -way
but extend outside such areas to improve functioning or to avoid obstacles, trail easements
may be accepted. In these cases, lot depths must be increased to accommodate the width
of the easement.
5 Commercial, industrial ` `' - " ' subdivisions shall be required to
() �i q
establish easements for trails required and such action will not necessitate a change in the
required lot size or setback requirements.
(s) . The following requirements apply to all dedications or conveyances for park, playground,
trail or public open space purposes:
(1) Land conveyed or dedicated pursuant to the provisions of this Section must be
located outside of drainageways, flood plains and ponding areas after the site has been
developed.
(2) As part of their development contract or site plan approval responsibilities,
applicants and developers shall be responsible for making certain improvements to the
developments for park, playground, trail and public open space purposes including, but
not limited to, finished grading and ground cover for all park, playground, trail and public
open spaces within their developments.
Park Dedication Ordinance - Page 6
TOTAL P.10
JUL-16-1998 15:14 NAC 612 595 9837 P.01/02
(3) Dedication credit shall not be granted for the construction of recreational facilities
unless a specific agreement granting credit is approved by the City Council. This
paragraph does not affect the requirements of sub -paragraph (2) above.
(4) The development agreement for subdivisions within which parks, trails, or open
spaces are to be located shall include language requiring the disclosure of such elements
to the publiclprospective lot owners.
(t) Areas to be dedicated for public park, trail, or open space shall be brought to a suitable
condition by the subdivided prior to acceptance by the City. This shall include the following: All
dead trees, trash, junk, unwanted structures or similar undesirable elements shall be removed by
the owner at his expense; On grades or exposed areas which are not sodded, lawn grass seed
shall be sown at not less than four (4) pounds to each one thousand (1,000) square feet of land
area; Seeding and germination testing shall take place on a schedule set forth by the City at the
time of the conveyance; Seeding shall consist of a maximum of ten (10) percent rye grass by
weight and a minimum of ninety (90) percent of permanent bluegrass and/or fescue grass by
weight. The applicant shalt submit an agreement in writing signed by the developer that re -
spreading of soil and seeding of lawn will be done during the Immediately following planting
season as set forth in this Section and provide a performance bond to guarantee said seeding.
Said condition shall also be in accordance with the City's resolution on condition of acceptance
of public parks and trails in Albertville.
(u) Title and Survey Requirements.
(1) Lands dedicated for public park, trail or open space shall be accompanied by a
certificate of survey or shall be designated as a park, trail or public open space area on
the plat as determined by the City. Lands dedicated for public parks shall be dedicated
as a legal lot of record and not as an outlot. Ponding areas not located within public park
or open space areas to be dedicated to the City under the terms of this Ordinance shall
be dedicated to the City as an outlot rather than easement, unless otherwise approved by
the City Council.
(2) Further, such lands shall be free and clear of all liens and encumbrances including
special assessments as evidenced by an up-to-date abstract of title or registered property
abstract to be submitted at the applicant's cost to the City for its examination.
(3) Such dedication shall be in the form and manner as prescribed by the City.
(v) Where fees are not specifically stated in this Ordinance, said fees shall be established by
resolution of the City Council which may be revised from time to time.
(w) In the event the City waives the requirement that an applicant or developer proposing to
subdivide land plat the same, the City Council may require the applicant or developer, as a
condition of granting such waiver, to dedicate parks (or pay cash in lieu thereof), Irails, and open
space in a manner consistent with the provisions of this Ordinance.
Park Dedication Ordinance . Page 7
JUL-16-1998 15;15 NAC 612 595 9837 P.02i02
W Park, Trail, and Recreational Area Maintenance/User Fee.
(1) It is the goal of the City to levy an amount (to be determined by the City Council) per
lot to assist the City with on -going maintenance and improvement costs.
SECTION 3. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE
IMMEDIATELY FOLLOVANGt ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this 20th day of July 1998.
CITY OF ALBERTVILLE
By:
Mayor Mark Olsen
ATTEST:
By:
Linda Goeb, City Clerk
pc: Dave Lund, Linda Goeb, Mike Couri, Pete Carlson
Park Dedication Ordinance - Page 8
TOTAL P.02
CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
Center Oaks Third Addition
THIS AGREEMENT, entered into this day of , 1998 by and
between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the
CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as
"City"
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land
described in Exhibit A, attached hereto and incorporated herein by reference, which
parcel(s) of land are proposed to be subdivided and platted for development, and which
subdivision, which is the subject of this Agreement, is intended to bear the name "Center
Oaks Third Addition" and may sometimes hereinafter be referred to as the "Subject
Property" or "Said Plat"; and
WHEREAS, the City has given preliminary approval of Developer's Development
Stage plan of Center Oaks Thud Addition contingent upon compliance with certain City
requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to, grading, sanitary sewer, municipal water, storm sewer and streets (hereafter
"Municipal Improvements") be installed to serve the Subject Property and, further, to be
1
financed by Developer;
WHEREAS, the City further requires that certain on- and off -site improvements be
installed by the Developer within the Subject Property, which improvements consist of
boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways,
parking lot, drainage swales, berming, street signs, street cleanup during project
development, erosion control, and other site -related items; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings and agreements of
the parties concerning the development of the Subject Property; and
WHEREAS, the City and Developer have previously entered into a Developer's
Agreement titled "City of Albertville Developer's Agreement Cedar Creek Golf Course
Planned Unit Development Concept Plan Master Agreement" ("Master Agreement") under
which the City granted concept plan approval to the plan for the area covered by said Master
Agreement; and
WHEREAS, the City and Developer desire to supplement the Master Agreement
with the site specific details applicable to Center Oaks Third Addition, as evidenced by the
execution of this Agreement; and
WHEREAS, the City and Developer desire to have this Agreement and the Master
Agreement read together as if the entire Master Agreement were recited herein;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
1. Concept Plan Master Agreement.
A. That certain Developer's Agreement entitled "City of Albertville Developer's
Agreement Cedar Creek Golf Course Planned Unit Development Concept Plan
Master Agreement" ("Master Agreement") between Pilot Land Development
Company, Inc. and the City of Albertville, dated February 27, 1998 is hereby
incorporated herein the same as if the text of said Agreement were contained within
this document.
B. It is the intent of the parties that this Developer's Agreement ("Developer's
Agreement") supplement the Master Agreement as to the specific development
issues related to Center Oaks Third Addition, and that these two documents be read
together to determine the rights and obligations of the parties with respect to the
property contained within the Center Oaks Third Addition. In the event of a conflict
between the terms of the Master Agreement and this Developer's Agreement, the
terms of this Developer's Agreement shall control with respect to any conflicting
issues within Center Oaks Third Addition, but any such conflicts shall not alter the
terms of the Master Agreement as they apply to other plats, now existing or to be
platted in the future, within the remaining land area subject to the Master Agreement.
2. Construction of Municipal Improvements. The Developer shall construct those
Municipal Improvements located on and off Said Plat as detailed in the Plans and
Specifications for Center Oaks Third Addition, as prepared by Meyer-Rohlin, Inc. dated
as on file with the City Clerk, said improvements to include
installation of water mains, sanitary and storm sewers, storm water ponding, site
grading, curb and gutter, paved streets and cul-de-sacs at the terminus of 53d Street and
the western terminus of Kahler Drive. All such improvements shall be constructed
according to the standards adopted by the City, along with all items required by the City
Engineer. Unless the City Engineer specifies a later date, said improvements shall be
installed by October 31, 1998, with the wear course of bituminous pavement to be
installed after May 15, 1999, but before June 30, 1999.
3. Construction of On- and Off -Site Improvements. Developer shall construct all on -
and off -site improvements including installation of boulevards, street signs, traffic signs,
yard top soil, sod in all front and side yards, at least one tree in the front yard, grass
seeding in back yards, grading control per lot, bituminous or concrete driveways,
drainage swales, berming, and like items as necessary, street cleanup during project
development, and erosion control, all as required by City ordinance. Said on- and off -
site improvements shall be installed no later than October 31, 2001, with the exception
of erosion control, drainage swales and berming, which shall be installed upon initial
grading of Subject Property.
4. Intended Use of Subdivision Lots, Requirements. It is the Developer's and City's
intent that single-family detached dwelling units are to be constructed on the lots within
Said Plat (one unit on each lot). Developer agrees that it shall not construct any units
other than said single-family detached dwelling units on the land in Said Plat. Lots
located in Said Plat may have varying front yard setbacks, provided that no front yard
setback may be less than thirty (30) feet. The final plat must show the minimum front
yard setbacks and these setbacks must remain in force throughout the life of the Planned
Unit Development. Finally, Developer must provide one (1) deciduous or coniferous
3
tree per lot within Said Plat.
5. Surety Requirements. Developer will provide the City with an irrevocable letter of
credit (or other surety as approved by the City Attorney) as security for the obligations
of the Developer required to be performed under this contract. Said letter of credit or
surety shall be in the amount of $225,000 representing 100% of the estimated remaining
cost of the installation of the Municipal Improvements. Said letter of credit or surety
must meet the approval of the City attorney as to form and issuing bank. If a bond is
used for up to 25% of the surety amount, said bond shall be in an amount at least 1.5
times the percentage of the required surety which the bond represents. No bond, letter of
credit or other monetary surety is required to secure construction of the on and off -site
improvements. However, the parties understand and agree that a certificate of occupancy
will not issue on any particular lot until all on and off -site improvements necessary to
that lot are constructed (subject to paragraph 2E of the Master Agreement), to the City's
reasonable satisfaction, as required under this Agreement.
6. Sanitary Sewer Trunk Line Fees. Developer agrees that the City's Sanitary Sewer
Trunk Line Fee Ordinance requires the Developer to pay $1,400.00 per acre in sanitary
sewer trunk line fees. There are 15.05 acres of land in Said Plat (excluding outlots A
and B). However, per the agreement outlined in Parkside 3'd Addition Developer's
Agreement, paragraph 2, pages 2-5, the developer will be credited $900.00 per acre prior
to the installation of a sanitary sewer trunk line. Therefore, the Developer shall be
required to pay $7,525.00 ($500.00 x 15.05 acres). Developer will pay said fee prior to
the release of the final plat by the City.
7. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved erosion control plan shall be strictly
complied with as set forth in the attached Exhibit B. Developer shall also install all
erosion control measures deemed necessary by the City Engineer should the erosion
control plan prove inadequate in any respect.
8. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage
into any county ditch or other ditch through which water from Subject Property may
drain, and shall make any necessary improvements or go through any necessary
procedures to ensure compliance with any legally enforceable federal, state, county or
city requirements, all at Developer's expense. The City may elect to (but shall not be
required to) refund to the Developer expenses incurred by Developer for machine
operator time spent cleaning the ditch beyond the boundaries of Said Plat.
4
9. Miscellaneous.
A. This Contract shall run with the land and shall be recorded against the title to the
property (or shall be recorded via a short -form companion document referencing
this Agreement). Upon the Developer's request the City will execute and deliver
to the Developer a release discharging Developer's obligations under this
Agreement, provided the Developer has completed all work and met all
obligations required under this Contract, and after expiration of the warranty
period.
B. 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 the plat does not comply, the City may, at its option, refuse
to allow construction or development work in Said Plat until the Developer so
complies. Upon the City's demand, the Developer shall cease work until there is
compliance.
C. Prior to the execution of this Agreement and prior to the start of any construction
on the Subject Property, Developer shall provide the City with evidence of good
and marketable title to all of Subject Property. Evidence of good and marketable
title shall consist of a Title Insurance Policy or Commitment from a national title
insurance company, or an abstract of title updated by an abstract company
registered under the laws of the State of Minnesota.
D. Developer shall comply with all legally enforceable water, ponding and wetland
related restrictions as contained in the November 18, 1997 letter from the Wright
County Soil and Water Conservation District (said letter is on file with the City
Clerk).
E. Developer shall not place any structure at an elevation such that the lowest grade
opening is less than two feet above the highest known surface water level or
ordinary high water level or less than one foot above the 100-year flood level of
any adjacent water body or wetland. If sufficient data on high water levels is not
available, the elevation of the line of permanent aquatic vegetation shall be used
as the estimated high water elevation. When fill is required to meet this
elevation, the fill shall be allowed to stabilize and construction shall not begin
until the property has been approved by the Building Inspector or a professional
soils engineer.
5
10. Dedications to the City.
A. The Developer, upon presentation to the City of evidence of good and marketable
title to Subject Property, and upon completion of all construction work and
certification of completion by the City Engineer, shall dedicate all roads, road
right of ways, sewers and water mains to the City. Upon acceptance of
dedication, Developer shall provide to the City "As-Builts" of all sewers, water
mains, and roads. Acceptance by City of any dedication shall occur upon
passage of a resolution to such effect by the City Council.
B. Developer acknowledges and agrees that a total of 1.51 acres of park land (15.05
acres of residential land x .10) are required to be dedicated to the City under the
City's current park dedication ordinance, or the Developer must pay the City a
park dedication fee of $1,300.00 per buildable lot being platted. The Developer
is not dedicating any park land with this plat, but Developer does have a credit of
.35 acre from the platting of excess park land with the Center Oaks Second
Addition Plat. Said .35 acre of park dedication credit satisfies 23.2% of
Developer's park dedication requirements on Said Plat, leaving 76.8% of park
dedication to be satisfied by Developer. Developer and City thus agree that the
park dedication requirement shall be met via the payment of $39,936 in cash to
the City (40 lots x $1,300.00 per lot x 76.8% of remaining park dedication). This
amount shall be paid to the City within. 45 days of completion of construction of
the trails described in subparagraph 10(c) below, but said amounts shall be offset
-�, by costs of trail construction on Said Plat as well as any park dedication credits
available from prior plats as a result of the construction of trails on said prior
plats, provided said credits have not been offset against other park dedication
amounts owed by Developer.
C. Developer must provide trail easements and construct trails on Said Plat, as
shown on the attached Exhibit C. Said trails shall be installed with the Municipal
Improvements, and Developer shall, via written notice, inform any prospective
purchasers of lots abutting said trails of the existence of said trails prior to the
sale of said lots to the prospective purchasers. Trail installation costs will be
credited toward Developer's park dedication requirements (and credited to future
plats if said costs exceed the amount of park dedication money the Developer
owes as a result of this plat). All trails must be constructed to standards as set
forth by the City Engineer in conformance with the intent of the City's
Comprehensive Park and Trail System Plan. Trail credits referred to in this
paragraph shall be the sum of the construction cost of said trail plus 5% for
engineering and administration.
6
11. Model Home Provisions. That agreement between the City and Developer titled
"Agreement Allowing Early Construction of Model Homes, City of Albertville,
Center Oaks Third Addition" dated , 1998 related to the
construction of Model Homes in Said Plat is incorporated herein the same as if said
agreement was restated herein.
12. Plant Capacity, The City reserves the right to allocate wastewater treatment plant
capacity in a manner it fords to be in the best interests of the public health, safety and
welfare.
13. Indemnity, Developer shall hold the City and its officers, employees and agents
harmless from claims made by Developer and Third Parties for damages sustained or
costs incurred resulting from Said Plat approval and development. The Developer
shall indemnify the City and its officers, employees and agents 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. Assignment of Contract. The obligations of the Developer under this Contract
cannot be assigned without the express written consent of the City Council through
Council resolution.
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
7
PILOT LAND DEVELOPMENT
COMPANY, INC.
By Kent Roessler
Its President
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 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
8
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
1998, by Kent Roessler, as President of Pilot Land Development
Company, Inc.
Couri & MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(612)497-1930
Notary Public
9
EXHIBIT A TO DEVELOPER'S AGREEMENT
The Real Property subject to the Developer's Agreement is legally described as follows
(after the filing of the Center Oaks Third Addition Plat):
All said property in Center Oaks Third Addition, City of Albertville, County of
Wright, Minnesota.
Grading and Erosion Control Plan
Trail Plan
JUL.10.19ge 2:57PM
KENCO
NO.553 0 ' 7
July 9,1998
PILOT-
LANDDVEMOPMEWCOWANY
Mr. Dave Lund, Administrator
Mice Couri, Attorney
Mr. Pete'Carlson, City Engineer
5975 Main Avetme NE.
Albertville, MN 55301
RE: 4" SagitM service pipe to Serve MmMal e & Snerintendant Residence
Gentlemen:
Due to soils constraints, The City of St. Michael requested we consider a had pipe from the above
buileings to our gravity service pipe in place at the Clubhouse. This direction was received from St.
Michaels building consulting inspectors at Metro lVest, verbally approved by the Administrator Mr. Derus
and the City Engineer Mr. Roos.
Subsequept to their verbal approvals we contacted each of you and received the same. Please sign the
bottom of this letter to confirm in wilting your verbal approvals to myself and our consulting team.
Subsequent to those approvals on June 26, we amended the site plan at the maintenance area and have
submitted it to St. Michael for permit. As a probable stipulation of permit issuance, at least one of you
needs to sign the bottom and fax a copy to Mr. Derus at 491-5306. Please assist us by sending this
confirmation prior to the end of business on Monday the IP.
If anyone doubted our ability to create an attractive facility, please set some time aside on Thursday
mornings between 10:30 and 11:30 duing the next 30 days for a personal tour. We have installed over
100 of the 700 trees and have 14 of the IS holes rough graded 9 holes are through green construction
and finish grading with irrigation to commence in two weeks, It is critical to our success that the
maintenance heiltiy be allowed to proceed as soon as possible to appropriatedy store the machinery and
supplies which wiU ge needed for the mowing and maintenance during the grow in period.
Thank you for your cooperation.
Sincerely,
MG
Donald Jensen re.
Laced Development Director
Cc: Robat Dmus — St. Michael Jeff Roos — MFRA Scott Dalliko — Meyer ROhlin
1 cdcjsr y.doc
13736 Johnson Street NE - Hann Lake, MN 55304 - 757-9816 - Fax:.757-4094
WRIGHT COUNTY
STY a,� HUMAN SERVICES AGENCY
10 2nd Street NW, Room 300
Buffalo, MN 55313-1191
_ Social Services 682-74W
�.. Public Health 682-7456
Financial Services 682-7414
eY Toll Free 1-800-m-aw
�eel� Don R. Mleziva, Director Flux 682-7701
July 10,1998
Mayor Mark S. Olsen
5975 Main Avenue NE
P.O. Box 9
Albertville, MN 55301
Dear Mayor Olsen:
In the fall of 1997, I presented to Albertville concerning the potential benefits of participating' in the
RiverRider Transit Program. One of the major concerns for Albertville was the timing of our request
being so late in the planning for the 1998 budget. Wright County Human Services and RiverRider
are now beginning our planning for 1999. Would Albertville like to participate in 1999?
City allocations in meeting the costs of RiverRider in 1999 will be maintained at the 1998 rates. If
Albertville chooses to participate, we are requesting a $2,366 contribution.
If you and the city council members would like to have a meeting to discuss RiverRider, please
contact Jeannie Fobbe at (612) 682-7486. Jeannie will arrange for representatives of RiverRider and
Wright County to meet with you at your convenience.
Sincerely,
Bert Bailey
Social Services Supervisor
cc` Mr. Garrison L. Hale
EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER"
WRIGHT COUNTY
HUMAN SERVICES AGENCY
OJ �
V fZ 10 2nd Street NW, Room 300
Buffalo, MN 56313-1191
m Social Services 682-7400
Pnblie Health 882-74M
d Financial Services 882-7414
Toll Free 1-8W-882-M7
?�®6 Don R. Mleziva, Director Fa: 682-7701
July 8, 1998
Garrison L. Hale
City Administrator
5975 Main Ave NE
PO Box 9
Albertville, MN 55301
RE: Wright County Tattoo Ordinance
Dear Garrison
In December 1997, Wright County Public Health mailed you a letter requesting your thoughts on
a county wide tattoo/body piercing parlor ordinance. Some townships and cities have not
responded with their opinion. If you had not responded, and wish to do so at this time, please
contact me at the address, or phone number listed below.
It has been determined that an ordinance will be pursued. The ordinance will require strict
infection control procedures governing tattoo and body piercing practices within Wright County.
If you wish to have input in the establishment of these procedures, have any questions, or wish to
further discuss the establishment of this ordinance, please feel free to telephone me at (612)682-
7512 or by mail to:
Wright County Public Health
10 2nd Street NW
Buffalo, MN 55313
Sincerely,
Mary Nesseth, PHN Supervisor
Wright County Public Health
EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER