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1999-03-01 CC PacketALBERTVILLE CITY COUNCIL AGENDA March 1, 1999 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT Tcv AGENDA 2. MINUTES • February 16, 1999, regular City Council Meeting 3. CITIZEN FORUM — (10 Minute Limit) 4. CONSENT AGENDj (a) Approve payment of Check #'s 11525 —11536 (b) Financial Statement ( January 1999) (c) WWTF Monthly Operations Report (January 1999) 5. DEPARTMENT BUSINESS a. '.0116260koW, • Report b. Legal (1) Update on railroad property purchase c. Engineering (1) Draft proposal with Wright County re: cost -sharing (2) 57t' Street revised plans (3) Update on WWTF expansion i%30 —110 (4) Premature development discussion d. Administrations (1) Deputy Clerk/Secretary Position (2) Request from City of Rockford to support their Resolution 99-19 (Resolution Supporting Proposed Legislation) (3) Discuss option of changing the City's LGU for wetland regulations (4) Joint Powers Board discussion 6. ADJOURNMENT UPCOMING MEETINGS/IMPORTANT DATES March 9 Regular Planning & Zoning Commission 7:00 PM March 15 Regular City Council Meeting 7:00 PM March 17 Regular Staff Meeting 9:00 AM March 22 Joint Powers Water Board Meeting 7:00 PM April 5 Regular City Council Meeting 7:00 PM April 13 Regular Planning & Zoning Commission 7:00 PM t ALBERTVILLE CITY COUNCIL February 16, 1999 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Duane Berning, Patti Stalberger and John Vetsch, City Administrator -Clerk Linda Goeb, and City Engineer Peter Carlson Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add Item 4a — Check #'s 11434 — 11498 • Add Item 4f — Approve 3.2 Liquor License for Albertville Lions on February 20, 1999, at the St. Albert's Parish Center from 12:00 noon to Midnight • Add Item 5e(3) — Update on STMA Ice Arena Berning made a motion to approve the agenda as amended. Stalberger seconded the motion. All voted aye. Stalberger made a motion to approve the minutes of the February 16, 1999, minutes as presented. Berning seconded the motion. All voted aye. Mayor Olson asked if anyone in the audience wished to address the City Council under Citizen Forum. No one chose to address the Council. Berning made a motion to approve payment of Check # 11434 —11498 as presented. Gundersen seconded the motion. All voted aye. Berning made a motion to approve a 3.2 Liquor License for the Albertville Jaycees at the St. Albert's Parish Center on March 27, 1999, from 6:00 PM to midnight. Gundersen seconded the motion. All voted aye. Berning made a motion to approve the Application to Conduct Excluded Bingo for the Church of St. Albert on March 14, 1999. Gundersen seconded the motion. All voted aye. Berning made a motion to schedule the 1999 Board of Review Meeting for Monday, May 10, 1999, at 7:00 PM. Gundersen seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL February 16, 1999 Page 2 of 4 Berning made a motion to adopt RESOLUTION #1999-5 titled A RESOLUTION APPROVING THE TRNSFER OF THE CITY OF ALBERTVILLE CABLE TELEVISION FRANCHISE BY CABLE TV FUND 14-A LTD., TO BRESNAN TELECOMMUNICATIONS COMPANY LLC AND WAIVING THE RIGHT OF FIRST REFUSAL TO PURCHASE THE CABLE TELEVISION SYSTEM. Gundersen seconded the motion. All voted aye. Berning made a motion to approve a 3.2 Liquor License for the Albertville Lions at the St. Albert's Parish Center from Noon to Midnight on February 20, 1999. Gundersen seconded the motion. All voted aye. Stalberger made a motion to accept the Public Works Report. Gundersen seconded the motion. City Engineer Peter Carlson presented the plans for two enclosed tennis courts, the parking lot and the trail for Oakside Park. The Council agreed that the tennis courts would not be lighted at this time, but, if there is a need for lights at a later date, the lights could be added. Berning made a motion to approve the plans for the Oakside Park improvements and to authorize bids for the project. Gundersen seconded the motion. All voted aye. Carlson presented the plans and specs for the 57t' Street construction project. The plans includes the construction of Lambert Avenue through the Albertville Crossings plat, as petitioned by Cascade II Land Co., LLC. Councilmember Vetsch expressed his concerns that the grade approaching the intersection of County Road 19 should be more level. Carlson explained that the plans indicate 200' of level grade at the intersection. He feels this is adequate to insure a safe intersection. The plans will be revised and presented to the Council on March lsc Berning made a motion to approve the plans and specs for the 57t' Street and Lambert Avenue construction project as discussed and amended and, further, to authorize the engineer to bid the project out. Stalberger seconded the motion. All voted aye. r ALBERTVILLE CITY COUNCIL February 16, 1999 Page 3 of 4 Carlson reported that Wright County would like the City to initiate a co- operative proposal for the County Road 19 street improvements, including the traffic signals at the intersection of CSAH 19/37. The Council directed Peter to draft a proposal for cost -sharing with Wright County similar to the co-operative agreement signed for the CSAH 19/37 Intersection Realignment Project for the Council to review on March Is'. Carlson requested the Council consider withdrawing its designation of Wright Soil and Water Conservation Board as the Local Governmental Unit (LGU) for wetland determinations. According to Carlson, WSWC is becoming very conservative and is leaning toward avoiding wetlands altogether. Accordingly, Carlson believes, some developments are required to conform to the WSCW rules and are not in the City's best interests. Linda was asked to review the minutes from the past to check if there was a time limit set for the duration of the appointment of the WCSC as LGU. The Council reviewed the language pertaining to downstream flooding drafted by City Engineer Carlson to be included in the Ditch Agreement. Carlson will revise the agreement and present it for council review on March 1 sc Pilot Development Company has submitted a final plat for Center Oaks 4t' Addition. The final plat involves the subdivision of 33 single family lots and constitutes the fourth and last phase of the previously approved Center Oaks preliminary plat. Gundersen made a motion to adopt the Findings of Fact & Decision granting final plat approval for Center Oaks 4`h Addition. Stalberger seconded the motion. All voted aye. Vetsch made a motion to adopt RESOLUTION #1999-7 titled A RESOLUTION ESTABLISHING LICENSE FEES FOR THERAPUETIC MASSAGE ENTERPRISES AND MASSAGE THERAPISTS. Stalberger seconded the motion. All voted aye. Stalberger made a motion to table RESOLUTION #1999-7 due to the applicant's failure to report to work to date. Vetsch seconded the motion. Stalberger, Vetsch, Berning, and Olson voted aye. Gundersen voted no. The motion carried. ALBERTVILLE CITY COUNCIL February 16, 1999 Page 4 of 4 Councilmember Vetsch reported that the STMA Ice Arena Board has agreed to repay the short-term loans in the near future. Mayor Olson adjourned the meeting at 8:35 PM. John A. Olson, Mayor Linda Goeb, Administrator -Clerk CLAIMS FOR PAYMENT y4z March 1,1999 Check No. Vendor Purpose Amount 11525 Action Radio& Communicatio F.D. Repairs - Pager/Radio $ 126.40 11526 AirTouch Cellular FD Cell Phone $ 5.73 11527 Buchan Environemental Repair 55th Street Sewer Main $ 2,734.50 11528 Granite Electronics Repair 52nd St. Lift Station $ 333.43 11529 LMC 1999 Safety & Loss Control $ 40.00 11530 Medica Group Insurance $ 1,606.24 11531 Pitney Bowes Postage Machine/Meter $ 356.23 11532 PSG March WWTF Operations $ 8,157.83 11533 Sprint Long Distance $ 39.32 11534 U.S. Bank 1993A GO Bond -Fiscal Fees $ 421.25 11535 U of M Shade Tree Short Course $ 95.00 11536 Wr. Co. Treasurer Police/Assessment List $ 17,900.20 Total Bills $ 31,816.13 CITY OF ALBERTVILLE FINANCIAL STATEMENT January 1— January 31,1999 Beginning Cash Balance December 31, 1998 $629018.00 Income: Amusement Licenses 150.00 Building Permits 31,570.66 Business Licenses 12,927.70 Dag Licenses 15.00 Donations 3,300.00 Interest 2,792.07 Loan Repayment 689.06 Meter Sale 150.00 Park Rent 100.00 PID/Legal 80.00 Planning Fees 8,950.00 Title Search 120.00 Utility Bills 45,695.77 WAC Fees 1,300.00 Wr. Co. Settlement 3,213.68 Miscellaneous 59.50 Total Income 1139610.44 Expenses: Check Ws 11354 11387 264,547.91 (Approved 1 / 19/99) Preapproved Checks 19,747.96 Total Expenses 2849295.87 Ending Cash Balance January 31,1999 $458,332.57 PreApproved Checks for January 1999 Check No. Vendor Purpose Amount 11342-11345 Regular Payroll $ 3,791.66 11347-11349 VOID 11350 MN Dept. of Revenue December State Income Taxes $ 393.36 11351 PERA Pay Period 12/19 -1/1 $ 365.93 11352 Security State Sank December Federal Taxes $ 2,889.20 11353 USCM Midwest Deferred Comp $ 541.10 11388-11391 Regular Payroll $ 3,370.70 11392 PERA Pay Period 1/2 -1115 $ 435.75 11393 Catellus Manangement Down Payment on RR Property $ 5,000.00 11394 MN State Treasurer 4th Qtr. Surcharge $ 1,990.60 11418-11427 CouncillP&Z Payroll January $ 969.66 TOTAL $ 19,747.96 Albertville Wastewater Treatment Facility Monthl XyAerations Report January 1999 Submitted Kelly E3ing Project Manager Date: L� M M ALBERWHI E WASTEWATER TREATMENT FACILRY Monthly Operations Report January I999 Executive Smunarw Albertville met all of its NPDES permit requirements for the month of January. Effluent biochemical oxygen demand averaged 2.5 mgA and total suspended solids averaged 21.5 m& 1. Total phosphorous in the e f uent average was d 6 mgA Average daily, flow into the f natity was 0.216 million gallons per day. Albertville received nok4c aton that they are a recipient of a Certificate of Commendation for operation, maintenance, and management of the wastewater treatment facility/ Congratulations and a special Thank You to Harold McAloney for all of his hard work each and every day. pofffiam removal has been quite effective this winter with the ferric addition. We have been able to e)fedively treat the effluent without the use of polymers this winter. Phosphorous levels increased slightly to January, therefore ferric feed rate was increased by 6%. Dissolved oxygen levels in the ponds have dropped considerably this month, therefore some aerators have been put on -tine. Updated OpsWin Software was implemented for operations traddng and reporting. The report forms will continue to be enhanced over the next few months. Implemented new laboratory QA,/QC reporting format. Maintenance Two heat lamps and milkhouse heater were installed in the clarifier to prevent darhfer failure from ice build-up in scum hopper. Shoveled, chipped ice, and plowed. Bubbler line froze in the Industrial Park lift station. Rerouted line and thawed line. Purged several times to remove moisture. Pump #2 in Industrial Park lift station packing leaking. Found pump's suction side line plugged. Removed deed ball and backflushed to remove blockage: Cleaned both seal filters and replaced fitter tines and fittings. Replaced Industrial Park lift station dialer battery. Routine monthly preventative maintenance work orders completed, including automatic sampler cleaning and servicing, sludge pump maintenance, and generator servicing. Replaced six overhead tights in the building. Power spikes sent plant into alarm condition, requiring manual reset of equipment. b New hazard assessment program was completed and submitted to Regional Safety Manager for review. t Coarrnunications NPDES Discharge Monitoring Report Letter from MPCA dated Feb. 5,1999, regarding Certificate of Commendation. ctientIE&A Relations Regular communications are being maintained between PSG and Linda. PSG will be sponsoring; along with the STMA Blue Line Club, a fund-raiser pork dwp dinner at the Parish Canter at the Albertville Winter Festival. This will LAO place Feb. 20, from 4 to 7 pm and will be a fund-ndser for the new Hockey Anna. rhoncialf Financial report reflects all activity in the budget year. The finiancial report does not refted January expenses paid in February. NPDES Discharge Monitoring Report DMR Addendum's Loadings Summary Client status Report TO: City Council FROM: Tim Guimont DATE: February 24,1999 City of Albert 1 UN 0 OU11 IA • &ft and SmA Wright County never has and never will let cities pick up salt/sand, fim their ions. Saldsand must be picked up at the Buffalo location only, because the only scale the Cam' has to weigh and measure salt/sand is at that site. Maybe in an emergency situation, Wright County would allow us to get saWsar4 but certainly not on a routine basis. (FYI: In a typical storm Ken loads his truck 2-3 times and I load sand 3-4 times. • - We are looking at getting bids on a 24' X 32" with 14'-16' side walls. We would have to put this in the location of our small storage shed by the shop to comply with setback requirements. n. _C► it NWe willbe lIIm 1 i boulevard bim ► a obstruct snowplowing % #, street sweeping operatim begaving the week of Marcli * - Most of the hDnmwners d&cted have bow notified by mail. • Ice BkL In a last attempt to make ice and to get reat for Friendly Frigid Days, we flooded the rink every morning the week of February 15 . Tbe ice is now again in poor condition, bit we have kept it open for whoever wants to use it • BobaM We would like to purchase a set of forks for the bobcat as we have many uses for theni. The cost is $675.00 plus tax. 0 pap i 02i26/99 03:08 FAX 320 233 1002 February 26,19" Wayne Fring1lson, P.E. County Highway Engineer Wright County Public Works Building 1901 Highway 25 North Buffalo, MN 55313 Dear Wayne: RCM ASSOCIATES INC M: Albertville, Minnesota CSAH 19 Improvements SEH No. P-ALBEV9905.00 On behalf of the Albertville City Council, the City is requesting a cooperative agreement project for improvements to CSAH 19, from I 94 north approximately 1500 feet. The limits of the improvements arc shown on the attached sketch. The improvements are necessary to accommodate a large development on the west side of CSAH 19, just north of I 94. The development is a 270,000 square foot retail outlet mall with an estimated market value in excess of $10 million. As you are aware, Albertville is experiencing significant residential growth. This growth is straining the City's budget. To Mbilize property taxes the City would like to grow the conntnerciaVindustrial tax base, but has had very limited success to date. City few for a development of this, to would exceed $500,000. This cost would have been the demise of this project. The City ,no this development as an opportunity to grow the commercial tax base. However, the City connot afford to waive all development fees and has agreed to trade excess land the developer owns for City fees. This agreement will allow the project to move forward while allowing the City an opportunity to recoup the flees by selling or developing the land at a future date. The proposed CSAH 19 improvements included installing a traffic signal at the intersection of CSAH 19 and 37, raised concrete medians, turn lames at the west bound on ramp to I 94, and tam lanes at the entrance to the outlet mall. new improvements will benefit the outlet mall and the Couunty hoed system. With the exception of the signal at CSAH 19 and 37, the developer will be paying for the required improwsrrlantdt on CSAH 19. k02/26/99 09:09 PAX 320 253 2002 RCM ASSOCI!1TES INC Q003 Wayne Fingalson, P.E. February 26, 1999 Page 2 The signal at CSAH 19 and 37 is an improvement planned by the County but would need to be installed wow than expected. The signals are estimated to cost approximately $125,000. As stated earlier, the maeltet value of this development is in excess of $10 million. The C©unty's share of the Property tax is in excess of $100,000 per year. The City of Albertville proposes that the improvements be installed as shown on the attached exhibits. The cost of the road improvements would be paid by this developer. Tire cost of the signal at CSAH 19 and 37 would be split evenly bmm do County and ttrt City. This most sharing is in wzmdauce with Wright Courty's policies. The first year of property taxes will be more than enough to cover the County's share of the traffic signal Sincerely. Peter J. Carlson, P.E. City Engineer s i 0 Z uj co m L u z `n Q z �. zco L. — .. 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I i t ueIt !� { � 00+££ N0UVIS 3N 1N31VM +££ NO 1 15 3h I Imoi YW _ _ a a $t� a COOT 92; oat xvd WOO FEB-25-19% 10:11 NAC 612 595 98 NORTHWEST AStSOCIATEO CONSU' INC` COMMUNITY PLANNING - DESION MARXET R NORAfi OUM - Via Fox TnmemW91on TO, Albertville Mom' and City Coutrii FROM: Allan Bra DATE* 25 February 1999 RE Albertville - Premature Subdivissxxs FILE NO: 163.05 City stelf reowty to discuss a potent si subdivision of Mr. eudr4s property kxaW noM of CSAH 118 and CSA H 19. A preliminary review of the proposed abdivision City staff rimed the following moues: 1. The proposed sAxIvislon did not offer a complete street layout that would comply with the Cornpf*hs ve Plan intersection locations akng County Road 19. The applicant was re4untina temporary direct site access from County Road 19 until the WW to the north would be developed, completing the local street system. 2. City staff noted that public sanitary sewer was riot avallabie to the site. The nearest senitaary mate1,500 feet away. Staff indicated that ffvz kipsl utilitles would be required as pert of the subdivision approval. The applicant r ed the use d an on-slte sewer system as a temporwy measure untl municipal utlitles, would be odendsd to the site. 3. Municipal water is located on the east side of County Road 19 and would require to be edended under County Road 19 to serve the site. Inof the aforen i' issues, City staff informed the applicant that he subdivision request would be omeklered premature under Section 400 of the Subdivislon Ordinance (sea Exhibit A). 577$g WAYZATA BOULEYARO. SUITE 555 ST. LOUIS PAP, MINNESOTA 55416 PHONE 61 2-595-9036 FAX 61 2-595-9837 IF -MAIL NAC0 WINT'ERPNST.COM i A& i4suring that to tempawy renwdles for site access and switary sewer were in OW it run ow*wy to the Citys, follovAng Comprehensive Pion policy, by requftft all rwV dmkpr*M to be contiguous to wdsting City (AJbGrlviIIeConp*hwwiv*Policy Plant • :;* Staff indicMad to-W. Houring OW urban gmw1h In Ws area was inevitable in the near future. such. i,. .a f 6. • utilities, vAil • G wdencled to to applicants property. utilitiesCity SW indicobd 1hd #0 devok*w vwould incur duplication in expenses In providing the Based Won ft iWM OUllined 40" and adopted City policies and ordinances, It Is ft opinion of City sW OW ft Mqmsed subdivision 13 premature. Approval of this type of subdivision would prowt-a diffWKprecedent for the City in dealing vdth future similar PC" Linda Goeb Lae t e CarlsonPete FF.$-25-1999 10'-i2 NAC 512 595 9e37 P.03/04 SECTION: A400.1 Qualification X400.2 Condition Establishing Premature Subdivisions A-404.3 Burden of Establishing Any preliminary Piet of a proposed subdivision deemed pwriature for development fall be denied by the City Council. OL A subdivision may be deemed premature should any of the conditions set forth In the following provisions exist:' (a) LW* of AtlagWe Draifege. A condition of inadequate drainage shall be deemed to exist N.- (1) Surface or subsurface voter retention and runoff is such that it coristitutes it danger to the stnictural security of the proposed structures. (2) The proposed subdivision will cause pollution of water sources or damage from erosion and siltation on downhill or downstream bind. (3) The proposed site grading and development will caul harmful and Irreparable damage from erosion and siltation on downstream land. Factors to bo'consklered in making these determinations may include: average rainfall for the a the relation of the land to flood plains; the nature of soils and sub -soils and their ability to adequately support surface voter runoff and waste disposal systems the slope of the land and its erect on effluents; and the presence of streams as related to effluent disposal. (b) of Adequate Witsr Supply. A proposed subdivision shall be deemed to lack an adequate water supply if the proposed subdivision does not have adequate sour :of water to seam the Proposed subdivision if developed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas. (c) Lock of Adequate Roads or Highways to Serve the Subdiv kdon. A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivision when: 400-1 EXWMIT A . F Y FEH-25-IM 10:13 NAC 612 595 98777 P.04/04 (1) Roads which serve the proposed subdivision are of such awidth, grade, stability, vertic sil and horizontal alignment, site distance and surface condition that an increase in traffic volume generated by the proposed subdivision would create a hazard to pubic safety and general weffare, or aggravate an almm4f hazardous conditim and when, with due regard to the advice of Wright Cody and/or the Nirnesota Departrremt of Transportation, said roads ars inadequate for the intended use, or (2). The traffic volume generated by the proposed subdivision would create unreasonaMe highway congestion or unsafe conditions on highways eAsting at the time of the application or proposed for completion within the next two (2) years. (d) tam of Adequase Ybate Di VwM Sy*Wm A posed subdivision shall be deemed to lack adequate waste disposal systm if in subdivisions for which "wer lines are p>'gPosed, there is Inadequate sewer capacity in the present system to support the subdivision I developed to its maximum permissible density indicated In the Albertville Comprehensive Plan, as may be amended. (e) IneoMdOW" with Carl prohertsivo Plan, The proposed subdivision is Inconsistent with the purposes, objectives and roo mmendations of the duly adopted Comprehensive Plan of Albertville, as may be amended. {f) ProvkAng Public lrrtpravements. if public Irnproverr nt% such as recreational facilities, streets and utilities, reasonably necessitated by the subdivision, ~ must be provided at public expense. cannot be provided for within the next two (2) fiscal years. (g) ME013 Pokk a. The proposed subdivision is Inconsistent with the policies of the Mnnesota Environmental Quality Board (MEOS), as may be amended, and could adversely Impact critical environmental or potentially disrupt or destroy historic areas which are designated or officially recognized by the City Council in violation of Federal and State historical preservation laws. The burden shall be upon the applicant to show that the proposed subdivision Is not premature. 400-2 TOTAL P.04 � 1 C 1140 a City of RockforG' - 6031 Main Street • Rockford, MN 55373 • (612) 477-6565 • Fax 477-4393 MISSION STATEMENT. To recognize and fulfill our citizens' needs for all services in a respectful, efficient, and economical manner. City of Albertville Linda Goeb, Clerk/Treasurer P.O. Box 9 Albertville, MN 55301-0009 Dear Linda: As you may be aware the City of Rockford has been dealing with a group called the Headwater Rural Utilities Association. The HRUA submitted a petition to the Minnesota Board of Water and Soil and Minnesota Pollution Control Agency, containing many false statements against the city being allowed to construct any storm water systems within our city limits. This was brought about due to a landowner adjacent to a development within the city, who resides in the Rockford Township. The Rockford Township and residents adjacent to our city hired the HRUA to act on their behalf. This group has some good ideas for rural areas, but we- feel they should not be have the authority to enter into incorporated municipalities. In retaliation to this group and their methods, our city Mayor, Engineer and myself met with our Senator and Representative asking for their assistance in changing the legislative authority groups such as the HRUA have been given. They suggested the city draft legislation and submit it to their office at our earliest convenience. Attached is a copy of the legislation we are proposing. The League of Minnesota Cities mentioned your city as having had some dealings with the HRUA recently. and that is why I am contacting you. Please submit this information to your council for review and ask for their support by adopting a similar resolution to be submitted to your representative and senator. Thank you for your support, I am also sending this on to other cities who have had to deal with this organization. If you have any questions, please contact my office. Sincerely, Nancy Evers City Administrator NE/kd RESOLUTION 99-19 RESOLUTION SUPPORTING PROPOSED LEGISLATION WHEREAS, water quality cooperatives can fill a need for alternative sewer treatment expertise in areas where municipal wastewater treatment is not available; and WHEREAS, the City Council believes that providing municipal wastewater services to its residents is an essential government service which can be provided to residents in a most cost effective and environmentally sound method through traditional municipal wastewater treatment in areas where it is accessible; and WHEREAS, the City Council believes that the growth pressures which the City has faced in the recent past are likely to continue in the foreseeable future and will thus result in an expansion of the present City boundaries; and WHEREAS, the City anticipates a need to extend its municipal wastewater treatment systems to growth areas surrounding the City; and WHEREAS, the Legislature has recognized a need for cities to protect a growth area around cities by permitting cities to extend their zoning regulations two miles from the City borders; and WHEREAS, the City Council believes it is necessary to protect the City's growth area by restricting private sewer treatment systems and water quality cooperatives within the City's growth area. NOW, THEREFORE, be it resolved by the City Council as follows: 1. The City Council supports legislation which would prohibit water quality cooperatives from operating within two miles of the City's border, provided, however, that in instances where a City felt it was unable to provide adequate municipal wastewater treatment, the City could waive this provision. t The foregoing Resolution was adopted by the City Council of the City of Rockford on the 9" day of February 1999. CITY OF ROCKFORD: BY &.laMa Jo Walar, Mayor An act Amending Minnesota Statutes Section 115.58 iSection 115.58 is Ainnesota Statutes amended by adding the following "Subdivision 4. Restriction on Ltie_ qualily cogRerative must not • • !_ • my •.Q -{ t 2 !. f ' 1:.=- pjMRj= located i_ S. two miles • the • (• of my _1 M.! C ! }f_ ...f_inalily. The&Qymin& body -of a municil2ality } by • • nthis a r!_ i. • ALBERTVILLE November 1, Page 4 of 5 CITY COUNCIL 1993 Tuesday, November 23, 1993, at 7:30 PM. motion. All voted aye. Vetsch seconded the Barthel made a motion to adopt RESOLUTION #1993-37 entitled RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT. Vetsch seconded the motion. All voted aye. Anderson made a motion to set a special meeting to adopt a proposed assessment roll for the 50th Street Improvement Project for Thursday, November 4, 1993, at 6:30 PM. Vetsch seconded the motion. All voted aye. Attorney Couri reported that the complaint concerning the failed septic system on the Ralph Ackerman property is mostly complete and should be submitted to the County by Wednesday. Barthel made a motion to approve the Financial Statement for the period October 14 through October 27 as presented. Vetsch seconded the motion. All voted aye. Barthel made a motion to approve payment of Check #7924-#7961 as presented. Check #7951 to Rice Lake Contracting in the amount of $156,434.60 will be held until the City receives the first portion of the reimbursement of expenses from PFA funds. Vetsch seconded the motion. All voted aye. Anderson made a motion to delegate local government unit responsibility for the City of Albertville for wetland regulations to the Wright Soil and Water Conservation District (SWCD) on a one year trial basis. Barthel seconded the motion. Berning, Vetsch, Anderson and Barthel voted aye. Potter voted no. The motion carried. Barthel made a motion to approve the Law Enforcement Contract with Wright County Sheriff's Department for 1994 and 1995. Vetsch seconded the motion. All voted aye. Barthel made a motion to adopt ORDINANCE #1993-16 entitled AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUOR, REPEALING INCONSISTENT ORDINANCES, AND PROVIDING A PENALTY FOR VIOLATION. Anderson seconded the motion. All voted aye. Berning made a motion to adopt ORDINANCE #1993-17 entitled AN ORDINANCE REGULATING THE LICENSING OF COIN OPERATED AMUSEMENT DEVICES AND SETTING FEES FOR SAME. Barthel seconded the motion. The Council reviewed proposed Ordinance #1993-18 entitled An Ordinance Relating to Noise, Providing for the Elimination and Decision: Based on the foregoing considerations, the following actions are recommended for by the Planning Commission: 1. The Albertville Comprehensive Land Use Plan is amended to reflect commercial land uses along both sides of CSAH 19 and 57th Street consistent with the existing commercial zoning provided: a. Adequate buffering and landscape screening is required between the commercial and residential land uses. Adopted by the Albertville Planning Commission this 9th day of March 1999. CITY OF ALBERTVILLE By: ATTEST: Linda Goeb, City Clerk Jim Brown, Chair pc: Linda Goeb, Mike Couri, Pete Carlson, Kevin Mealhouse, Marly Glines r CITY OF ALBERTVILLE 3-1099 City Council Findings of Fact & Recommendation Applicant's Name: Cascade II Land Company LLC Request: Cascade II Land Company LLC requests a Comprehensive Plan amendment to the Albertville proposed land use plan to make the land use plan consistent with the B-2, Commercial zoning along both sides of CSAH 19 for land described as follows: 1. A strip 500 feet deep on the east side of CSAH 19 (from right-of-way line) south of 57th Street to 50th Street NE; and 2. A strip 500 feet deep on the west side of CSAH 19 (from right-of-way line) south of the Cottages of Albertville development to County Highway 118; and 3. A strip 500 feet deep along the north and south sides of 57th Street (from the centerline of the future right-of-way) extending 1,400 feet east of CSAH 19. City Council Meeting Date: April 51999 Findings of Fact: Based on review of the application and evidence received, the Planning Commission now makes the following findings of fact and recommendation: 1. The City Council initiated the rezoning of lands along both sides of CSAH 19 in 1998. 2. On 9 June 1998, the Albertville Planning Commission conducted a public hearing to consider the City's rezoning request, preceded by a published and mailed notice. Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council take into consideration the following: a. Opposition from residents on the east side of CSAH 19. b. The amount of land in the City already zoned commercial C. Designation of the land to B-1 or B-2 rather than B-3. 3. On 15 June 1998, the Albertville City Council approved B-2, Commercial zoning along the west side of CSAH 19 and along 57th Street. 4. On 21 September 1998, the Albertville City Council approved B-2, Commercial zoning along the east side of CSAH 19 between 57th Street and CSAH 35. Decision: Based on the foregoing considerations, the following actions are approved- 1 . The Albertville Comprehensive Land Use Plan is amended to reflect commercial land uses along both sides of CSAH 19 and 57th Street consistent with the existing commercial zoning provided: a. Adequate buffering and landscape screening is required between the commercial and residential land uses. Adopted by the Albertville City Council this 5th day of April 1999. CITY OF ALBERTVILLE M ATTEST: Linda Goeb, City Clerk Jim Brown, Chair pc: Linda Goeb, Mike Couri, Pete Carlson, Kevin Mealhouse, Marly Glines 2 Y � r CITY OF ALBERTVILLE Applicant's Name: Cascade II Land Company LLC 3-4-99 Planning Commission Findings of Fact & Recommendation Request: Cascade II Land Company LLC has submitted application for zoning changes associated with developing 79.1 acres mixed use development entitled Albertville Crossings. The zoning changes request include: Parcel A R-1 to B-3 Legal descriptions for each speck zoning request is attached as Exhibit A. Planning Commission Meeting Date: 9 March 1999 Findings of Fact: Based on review of the application and evidence received, the Planning Commission now makes the following findings of fact and recommendation: 1. The legal description of the areas proposed for zoning changes are attached as Exhibit A. 2. The planning report, dated 4 February 1999 and 3 March 1999 prepared by NAC, is incorporated herein. 3. The requirements of Section 300 of the City Zoning Ordinance have been met. 4. The proposed zoning changes are consistent with the policies and recommendations of the Albertville Comprehensive Plan. 5. The proposed commercial land use provides a compatible land use relationship with adjoining, existing and proposed land uses. 6. The proposed zoning changes will not overburden the City utility infrastructure. 7. The anticipated traffic generation will be within the traffic capabilities of the streets serving the property. Recommendation: Based on the foregoing information and applicable ordinances, the Planning Commission recommends the following actions on the requested rezoning for the Albertville Crossings preliminary plat: 1. Recommend approval of having Parcel A be rezoned from R-1 to B-2 to be consistent with the adjoining property. Adopted by the Albertville Planning Commission this 9th day of March 1999. CITY OF ALBERTVILLE in ATTEST: Linda Goeb, City Clerk Jim Brown, Chair pc: Linda Goeb, Mike Couri, Pete Carlson, Kevin Mealhouse, Marly Glines K CITY OF ALBERTVILLE Applicant's Name Cascade 11 Land Company LLC = City Council Findings of Fact & Recommendation Request: Cascade II Land Company LLC has submitted application for zoning changes associated with developing 79.1 acres mixed use development entitled Albertville Crossings. The zoning changes request include: Parcel A R-1 to B-3 Legal descriptions for each specific zoning request is attached as Exhibit A. City Council Meeting Date: 5 April 1999 Findings of Fact: Based on review of the application and evidence received, the Planning Commission now makes the following findings of fact and recommendation: 1. The legal description of the areas proposed for zoning changes are attached as Exhibit A. 2. The planning report, dated 4 February 1999 and 3 March 1999 prepared by NAC, is incorporated herein. 3. The requirements of Section 300 of the City Zoning Ordinance have been met. 4. The proposed zoning changes are consistent with the policies and recommendations of the Albertville Comprehensive Plan. 5. The proposed commercial land use provides a compatible land use relationship with adjoining, existing and proposed land uses. 6. The proposed zoning changes will not overburden the City utility infrastructure. 7. The anticipated traffic generation will be within the traffic capabilities of the streets serving the property. 8. On 9 March 1999, the Albertville Planning Commission conducted a meeting to consider the applicant's request. Upon review of the application and evidence received, the Planning Commission recommended that the City Council approve the zoning change. Decision: Based on the foregoing information and applicable ordinances, the City Council approves the following actions on the requested rezoning for the Albertville Crossings preliminary plat: 1. Rezoning parcel from R-1 to B-2 to be consistent with the adjoining property. Adopted by the Albertville City Council this 5th day of April 1999. CITY OF ALBERTVILLE By: Jim Brown, Chair Attest: Linda Goeb, City Clerk pc: Linda Goeb, Mike Couri, Pete Carlson, Kevin Mealhouse, Marly Glines 2 CITY OF ALBERTVILLE Applicant's Name: Cascade II Land Company LLC 3-4-99 Planning Commission Findings of Fact & Recommendation Request: Cascade II Land Company LLC has requested a preliminary plat and three lot width variances for a 79.1 acre subdivision entitled Albertville Crossings. The subdivision includes six commercial lots; 35 single family lots; and four outlots. Planning Commission Meeting Date: 9 March 1999 Findings of Fact: Based on review of the application and evidence received, the Planning Commission now makes the following findings of fact and recommendation: 1. The legal description of the subject property is attached as Exhibit A. 2. The planning reports, dated 4 February 1999 and 3 March 1999 prepared by NAC, is incorporated herein. Recommendation: Based on the foregoing considerations and applicable ordinances, the Albertville Crossings preliminary plat and three lot width variances are recommended to be approved based on the most current plan and information received to date, subject to the following conditions: 1. City approval of the requested rezoning associated with Albertville Crossings preliminary plat. 2. Preliminary Plat: a. A revised preliminary plat be submitted illustrating all the approved plat modifications prior to City Council approval. b. The applicant provide a trail connection between Landers, Lambert, and Lachman Avenues to reduce the block length of Blocks 4 and 5. The trail corridors should be identified as outlots to be dedicated to the City. C. The preliminary plat will be revised to show four R-1, Single Family lots along the west side of Lambert Avenue. d. Approval of lot width variances for Lots 7, 8, and 9 of Block 5. All lots must be 88 feet in width. e. The preliminary plat will create outlots for areas the applicant wishes to reserve for future development and potential zoning changes. f. Outlot A will be dedicated to the City as a storm water management area. g. Subject to the Planning Commission's recommendation on park land dedication. h. Preliminary plat approval will be subject to the comments and recommendations of the City Engineer pertaining to street design, grading and drainage plans, and utility plans. i. Sidewalks are provided on Lachman Avenue and the service road. j. The overhead utilities are buried. k. A landscaped berm is provided at the rear of Lot 1, Block 3. 3. Variance for Lots 8, 9, and 10, Block 9 as shown on the preliminary plat is approved with the following findings and conditions: a. The configuration and size of the land area abutting land use was created through public action (approval of adjoining subdivisions). b. The configuration and narrowness of this property is unique to this site. C. The creation of three lots, each having 88 feet in lot width, maintains the character of the existing single family neighborhood over the creation of two oversized lots. d. Each of the lots receiving variance exceeds the R-1 lot area standards. f. There is no drainage impact to the surrounding properties. g. There are no setback variances from R-1 setbacks for proncipal or accessory buildings. E Adopted by the Albertville Planning Commission this 9th day of March 1999. CITY OF ALBERTVILLE 92 ATTEST: Linda Goeb, City Clerk Jim Brown, Chair pc: Linda Goeb, Mike Couri, Pete Carlson, Kevin Mealhouse, Marly Glines 3 CITY OF ALBERTVILLE City Council Findings of Fact & Recommendation Applicant's Name: Cascade II Land Company LLC Request: Cascade 11 Land Company LLC has requested a preliminary plat and three lot width variances for a 79.1 acre subdivision entitled Albertville Crossings. The subdivision includes six commercial lots; 35 single family lots; and four outlots. City Council Meeting Date: 5 April 1999 Findings of Fact: Based on review of the application and evidence received, the Planning Commission now makes the following findings of fact and recommendation: 1. The legal description of the subject property is attached as Exhibit A. 2. The planning reports, dated 4 February 1999 and 3 March 1999 prepared by NAC, is incorporated herein. 3. On 9 March 1999, the Albertville Planning Commission conducted a meeting to consider the applicant's request. Upon review of the application and evidence received, the Planning Commission recommended that the City Council approve the preliminary plat and variances, with conditions. Decision: Based on the foregoing considerations and applicable ordinances, the Albertville Crossings preliminary plat and three lot width variances are recommended to be approved based on the most current plan and information received to date, subject to the following conditions: 1. City approval of the requested rezoning associated with Albertville Crossings preliminary plat. 2. Preliminary Plat: a. A revised preliminary plat be submitted illustrating all the approved plat modifications prior to City Council approval. b. The applicant provide a trail connection between Landers, Lambert, and Lachman Avenues to reduce the block length of Blocks 4 and 5. The trail corridors should be identified as outlots to be dedicated to the City. C. The preliminary plat will be revised to show four R-1, Single Family lots along the west side of Lambert Avenue. d. Approval of lot width variances for Lots 7, 8, and 9 of Block 5. All lots must be 88 feet in width. e. The preliminary plat will create outlots for areas the applicant wishes to reserve for future development and potential zoning changes. f. Qutlot A will be dedicated to the City as a storm water management area. g. Subject to the Planning Commission's recommendation on park land dedication. h. Preliminary plat approval will be subject to the comments and recommendations of the City Engineer pertaining to street design, grading and drainage plans, and utility plans. i. Sidewalks are provided on Lachman Avenue and the service road. j. The overhead utilities are buried. CJA landscaped berm is provided at the rear of Lot 1, Block 3. 3. Variance for Lots 8, 9, and 10, Block 9 as shown on the preliminary plat is approved with the following findings and conditions: a. The configuration and size of the land area abutting land use was created through public action (approval of adjoining subdivisions). b. The configuration and narrowness of this property is unique to this site. C. The creation of three lots, each having 88 feet in lot width, maintains the character of the existing single family neighborhood over the creation of two oversized lots. d. Each of the lots receiving variance exceeds the R-1 lot area standards. e. There is no drainage impact to the surrounding properties. f. There are no setback variances from R-1 setbacks for principal or accessory buildings. 2 Adopted by the Albertville City Council this 5th day of April 1999. CITY OF ALBERTVILLE By: Jim Brown, Chair ATTEST: Linda Goeb, City Clerk pc: Linda Goeb, Mike Couri, Pete Carlson, Kevin Mealhouse, Marly Glines 3 CITY OF ALBERTVILLE ■ ZONING 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301-0009 (612) 497-3384 fax(612) 497-3210 56(4) Al Case No: Base Fee: Pd. EscrowAmt: Pd. DateFiled: Please read carefully and answer all questions thoroughly. Only complete applications will be accepted after validation by the City Clerk and prior to acceptance of required processing feesideposits. Street Location of Property: I.4 rd e A, � N - E Leo Description of Property / t-o% of (Attach addWonal sheet if necessary): (11. 0;,* '41k4 ", IL Owner: Name: Ken 14)C4.0r Address• 116 a (0 L.R rat L e- A) /3 e( 06 city. ) bj v• /6 State: r4i ",I Zip: S- 30 / ry' � Telephoue(Home). (�t �4i - 3�G (Business): � 1,2) Al -;*2 3 (Fax): Applicant (if other than owner): Name: Address: City. Telephone(Home): Type of Request(s): Site and Building Plan Review Minor Subdivision/Consolidation Preliminary Plat Final Plat Comprehensive Plan or Ordinance Amendment State: Zip: (Fax): Rezoning Variance C Aq I JOA Conditional Use Permit Interim Use Permit Other * 700 Description of Request(s): R° m 0 V e► AX i 142,14 rm-1 SW (9-X Po) �g w Reason Why Requed Should Be Granted: 9►t 1 s 1 z n $ S k e j %rs Is uje,ee *ee_4 moH LOOM Page Two, City of Albertville Planning/Zon. Application Existing Use of the Property / Nature of Fadlity or Business: S)o rc 14w n le pis b , )ct s 4ij A-rV If a request for a planning/mning action on the subject site or any part thereof has been previously sought, please describe it below: What? t?0n t kI 0 Mc., I' 717 . 1 IL 711,r I hereby apply for the above consideration and declare that the information and materials submitted with this application are in compliance with City Ordinance and Policy Requirements and are complete and accurate to the best of my knowledge I understand that the application will be processed for the new available meeting agenda after review of the information submitted to determine if any other data is needed and after completion of a staff report. I understand that all City incurred professional fees and expenses associated with the processing of this request are the responsibility of the property owner and/or applicant and should be promptly paid If payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. (If the property fee owner is not the applicant, the applicant must provide written authorization by the owner to make application.) Sixty (60) Day Waiver: The City hereby notifies the applicant that development review may not be completed within the required 60 days due to public hearing requirements and agency review; therefore, the City is taking an automatic 60- dary rar %n for devdopment review Development review will be completed within 120 days unless additional review extensions are approved by the applicant. Signature(s) of Owner(s): 71P.�+� Date: �/�2 (0 Z2 9' Signatures) of Applicant(s): Approved- Approved - Date: Date: Date: Denied by the Planning Commission on: (date) Denied by the City Council on: (date) 5cG) Crry OF ALBERTv LLE DEVELOPER'S AGREEMENT Cedar Creek South Third Addition THIS AGREEMENT, entered into this day of , 1999 by and between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright; State of Mimesota, hereinafter referred to as "City". D WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described m Exhibit A, attached hereto and incarporated 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 "Cedar Creek South Third Addition" and may sometimes hereinafkar 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 Cedar Creek South Third Addition contingent upon compliance with certain City requirements including, but not limited to, mattm 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 financed by Developer; WHEREAS, the City fiuiher 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, perking lot, drainage swales, berming, street signs, stet 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 Cedar Creek South 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 Cedar Creek South 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 Cedar Creek South 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 Cedar Creek South Third Addition, but any such conflicts shall not alter the terns 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 Imprvvementx located on and off Said Plat as detailed in the Plans and Specificatim for Cedar Creek South Third Addition, as prepared by Meyer -Roblin, 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, and paved streets. All such improvements shall be constructs 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 ', 1999 with the wear course of bituminous pavement to be installed after May 15'', 2000 but before June 30th, 2000. 3. Construction of Om- and Off -Site Improvements. Developer shall construct all on- and off -site i 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 detached dwelling units be constructed on the lots in Said Plat (one unit on each lot). Developer agrees that it shall not construct any units other than said single-family detached dwelling units on the land in Said Plat. 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 tree per lot within Said Plat. 5. Surety ftuirement&. 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 representing 100% of the estimated remaining cost of the installation of the municipal improvements. Said letter of auk 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. wements. 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 acres in Said Plat However, per the agreement outlined in Parkside 3 rd 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 $�_ ($500.00 x 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. S. 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 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 thus 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 Pao 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 shalll 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 goad 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 letter dated 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 dran two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100-year fload 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. F. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. 10. Dedications to the City. A. The Developer, upon presentation to the City of evidence of good and marketeble title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all roads, mad 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 acres of park land ( 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 and City agree that no park land is being dedicated within. Said Plat The Developer is constructing and dedicating trails as shown on Said Plat Trail coristniction and dedication costs shall be credited to Developer as provided in subparagraph 10(c) below. Developer and City thus agree that the park dedication re quirIPAUIUM& shall be met via the payment of $59,800.00 in cash to the City (46 lots x $1,300.00), minus any credit for trail construction and dedication as provided in sub ph 10(c). Developer shall make any payments due to the City under this paragraph at such time as the City directs. 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 traits prior to the We of said lots to the prospective purchasers, runless said trails are fully constructed prior to any such sale. Trail dedication and 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. 11. Indemni . Developer shall hold the City and its officers, employees and agents mess from claims made by Developer and Third Parties for damages sustained or casts 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 attomey's fees. Third parties shall have no recourse against the City under this contract 12. anent 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. 13. A►freememt Effete. This agreement shall be binding upon and extend to the repxescmtatives, hens, snuvessors and assigns of the parties hem. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk 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 , 1999, by John 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 NUNNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this clay of 1999, by Linda Goeb, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pumiant to the authority of the City Council. Notary Public STATE OF MIlVNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1999, by Kent Roessler, as President of Pilot Land Development Company, Inc. Notary Public Y: Court & MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612)497-1930 Exhibit A Lots i and 2, Block 1; Lot 1, Block 2; Lots 1 through 3, Block 3; Lots 1 through 22, Black 4; Lots 1 through 10, Block 5; Lots 1 through 8, Block b and. Oadot A, Outiot B, Oudot C and Oadot D, all lying within CEDAR CREEK SOUTH THMD AMMON as shown on the plat thereof on file and of record in. the Office of the Wright County Recorder, Wright County, Minnesota. CITY OF ALBERTVII.LE DEVELOPER'S AGREEMENT Center Oaks Fourth Addition THIS AGREEMENT, entered into this day of , 1999 by and - between Pilot Lend Development Company, Inc. and Center Oaks, LLP, collectively refemed to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WI'TNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described m 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 Fourth 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 Fourth Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHERLA% 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 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, gaming lot, dramage 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 Fourth. 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 dated to Center Oaks Fourth Addition, and that these two documents be rid together to determine the rights and obligations of the parties with respect to the property contained within the Center Oaks Fourth 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 Fourth Addition, but any such conflicts shall net alter the terms of the Master Agreement as they apply to ether 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 these Municipal Improvements. located on and off Said Plat as detailed in the Plans and Specifications for Center Oaks Fourth Addition, as prepared by Meyer -Roblin, Inc. dated , as on file with the City Clerk, said improvements to include installation of water mains, sanitary and storm sewers, site grading, curb and gutter, and paved streets. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31" 1999 with the wear course of bituminous pavement to be installed after May 15, 2000, but before June 30, 2000. 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, gross seeding in back yards, grading control per lot, bituminous or concrete driveways, drainage swales, benning, 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 3 It 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 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 S 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 band 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 caedit or other monetary surety is required to secure construction of the on and off=site iprave rents. 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. Sam Sewer Trunk Use Fes. Developer agrees that the City's Sanitary Sewer Think Line Fee Ordinance rakes the Developer to pay $1,400.00 per acre in sanitary sewer trunk line fees. There are 15.3 acres in Said Plat. However, per the agreement outlined in Parkside Yd Addition Developer's Agreement, paragraph 2, pages 2-5, the developer will be credited S900.00 per acre prior to the installation of a sanitary sewer trunk line. Therefore, the Developer shall be required to pay $7,650.00 ($500.00 x 15.3 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 measum 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) refiund to the Developer expenses incurred by Developer for machine operator time spent cleaning the ditch beyond the boundaries of Said Plat. 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 fede.ml 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 oplaon, refuse to allow construction or development work in Said Plat until the Developer so complies. Upon the CiWs 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 Ptoperty, Developer shall provide the City with evidence of good and marketable title to all of Subject Properly. 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 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 hispector or a professional soils engineer. F. The City reserves the right to allocate wastewater treatmentplant capacity in a manner it finds to be in the best interests of the public health, safety and welfare. 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 ackmowiedges and agrees that a total of 1.53 acres of park land (15.3 acres of residential land x .10) are required to be dedicated to the City under the CiWs current park dedication ordinance, or the Developer must pay the City a park d4cation fee of $1,300.00 per buildable lot being platted. The Developer is constructing and dedicating trails as shown on Said Plat. Trail construction and dedication costs shall be credited to Dever as provided in subparagraph 10 (c) below. Developer and City thus agree that the park dedication requirement shall be met via the payment of $42,900.00 in cash to the City (33 lots x $19300.001 minus any credit for trail construction and dedication as provided in subparagraph 1O(c). Developer shall make any payments due to the City under this paragraph at such time as the City directs. 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, unless said trails are fully constructed prior to any such sale. Trail dedication and 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 Engirim 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. 11. 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. 12. AgiEment 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. 13. Agreement Effect. This agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVELLE, By. I Its Mayor .0 Its Clerk PILOT LAND DEVELOPMENT COMPANY, INC. KU =70-r�1-71 6w CENTER OAKS, LLP. By Kent Roessler Its President STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of -.9 1999, by John 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 instivment was acknowledged before me this day of , 1999, by Lmda 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 Coil. Notary Public STATE OF MINNSSOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing insw rent was acknowledged before me this day of 1999, by Kent Roessler, as President of Pilot Land Development Company, Inc. and as of Center Oaks, LLP. Notary Public DRAMD . Couri & MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612)497-1930 Exhibit A Lots 1 through 6, Block 1; Lots 1 through 8, Block 2; Lots 1 through 4, Block 3; and Lots 1 through 15, Block 4 all lying within CENTER OAKS FOURTH ADDITION as shown on the plat thereof on file and of record in the Office of the Wright County Recorder, Wright County, Minnesota. CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT Cottages of Albertville Two THIS AGREEMENT, entered into this day of , 1999 by and between Cottages of Albertville, LLC, referred to herein as "Developer"; and the CITY OF ALBERTViLLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WHEREAS, Developer is the fee owner and developer of parcels of land described in Exhibit "A", attached hereto and incorporated herein by reference, a portion of which parcels of land are proposed to be subdivided and platted for owner -occupied development, and which subdivision, which is the subject of this agreement, is intended to bear the name "Cottages of Albertville Two" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's plat of Cottages of Albertville Two contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to, grading, sanitary sewer, water, storm sewer and streets (hereafter "Municipal Improvements") be installed to serve the Subject Property, to be installed and financed by Developer; and WHEREAS, the City fiuther requires that certain on- and off -site improvements be installed by the Developer within. the Subject Property, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and agreements of the parties concerning the development of the Subject Property; NOW, 'I BEFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: V J. _ m =M-17172711171Z A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Cottages of Albertville Two, as prepared by Boonestroo, Williamson and Kotsmith, dated December 9`h, 1998, as on file with the City Clerk, including performing all work as shown on Grading and Draining Plan attached as Exhibit B, said improvements to include installation of water mains, sanitary and storm sewers, and curb and gutter. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless a later date is specified by the City Engineer, said improvements shall be installed by October 15, 1999. B. The Developer warrants to the City for a period of two years from the date the City accepts the project by resolution that all such Municipal Improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply bath to poor materials and faulty workmanship. C. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. Developer shall receive written notice of the City's intent to pay contractors and/or subcontractors with the surety and shall have the right to contest such payment in good faith. Developer shall have 30 days to respond to 2 2. the written notice. No payment shall be made by the City until such dispute is resolved D. Developer shall grade all lots at the same time as the street grading is performed, and shall grade such lots in a manner which will allow for adequate drainage from the lot. E. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspection. F. Developer shall be responsible for all maintenance (including snow plowing) on all private streets in Said Plat. Developer shall keep all private streets in said plat in good repair at all times, and shall keep said streets open so as to allow unhindered access for emergency vehicles at all tunes. Removal of excess snow shall occur within 12 hours after 2 inches of snowfall has accumulated. Such snow may be stored on site but shall not be stored in a manner in which the height of the pile of snow exceeds 10 feet nor shall snow be stored in a manner so as to block windows of homes or vehicular visibility. G. Developer agrees that all private streets within the development shall be constructed in accordance with City standards, except that width of the private streets shall be a minimum of 24 feet wide.: Coult rusfion of Qk aBd Off -Site Improvements. A. Developer shall construct all on and off -site improvements including installation of boulevards, street signs, traffic signs, yard top soil, sod in all front and side yards, grass seeding in back yards, grading control per lot, bituminous or concrete driveway approaches, bituminous parking areas and private streets, drainage swales, beaming, and like items as necessary, street cleanup during project development, and erosion control. Said on and off - site improvements shall be installed no later than October 15, 2000, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Subject Property. Developer shall also comply with the landscaping plan as provided in this document. Developer shall, at its own 3 expense, cause the following items to be installed within the development all such items to be installed under ground, within the street right of way, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Northern States Power or other such carrier; ii. Natural gas supply, to be provided by Minnegasco or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; iv. Cable television, to be provided by a local carrier. In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. The sip sizes and design shall be as follows: i. For each dwelling unit, one name/address plate shall be permitted not exceeding two (2) square feet. u. The owner occupied development and the renter occupied development shall be allowed up to a combined total of one (1) overall project identification signs up to forty (40) square feet Sign plans must be submitted for review and approval by the City Planner and City Building Inspector. C. Developer has submitted a utility plan for Said Plat showing all existing and proposed utility lines and easements, attached and incorporated herein as Exhibit C. Developer agrees to have all utilities installed according to this plan. t , D. Developer shall install silt fencing as deemed necessary by the City Engineer. E. Notwithstanding the requirements of subparagraph 2A above, the Developer shall install to the City's satisfaction the improvements for each lot .9 or parcel within sixty (60) days of the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1st and before March 30th in any given year, in which case said improvements shall be so completed by the following June 15th. F . Developer shall comply with the Landscaping Plan attached as Exhibit D. 3. Intended„VA 21 Subdiivialon Lots, A. It is the Developer's and City's intent that 16 owner -occupied attached single family quad homes and 4 owner -occupied attached single family duplex homes (for a total of 20 dwelling units) be constructed on the lots in Said Plat. Developer agrees that it shall not construct any units other than said owner -occupied single-family attached dwelling units on the land in Said Plat, and all such units shall be constructed in the approximate location as shown on the Site Plan, attached as Exhibit E. B. Developer shall record a Declaration of Common Interest Community for the Cottages of Albertville Two. Said Declaration of Common Interest Community shall among other things, specify age restrictions consistent with this agreement, establish a Home Owner's Association, and shall be in a form and with content acceptable to the City Attorney. C. The Cottages of Albertville Two shall be a seniors -only development. At least one resident in each unit must be age 55 or older, and no residents under the age of eighteen are permitted. D. No more than two units within Said Plat may be occupied by employees of the Homeowner's Association, or their family members, who are under the age of 55. All employees under the age of 55 must perform substantial duties directly related to housing management or maintenance in order to be eligible to live on site. E. The Homeowner's Association must publish and adhere to policies and procedures that demonstrate an intent to maintain a seniors -only development. Such an intent shall be evidenced by procedures, approved by the City, related to the following areas: The manner in which the development is described to prospective residents 5 • The nature of any advertising designed to attract prospective residents • Age verification procedures • Lease provisions • Written rules and regulations • Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules or regulations. F. The Developer must comply with rules issued by the Secretary of Housing and Urban Development for verification of age of occupants. Such verification shall be made by reliable surveys and affidavits. G. The development must contain significant facilities and services specifically designed to meet the physical or social needs of older persons. Significant facilities and services may include, but are not limited to: • social and recreational programs • continuing education • information and counseling • recreational, homemaker, outside maintenance and referral services • accessible physical environment emergency and preventative health care programs o congregate dining facilities • transportation to facilitate access to social services; and • services designed to encourage and assist residents to use the services and facilities available to them Significant facilities and services do not include off -site facilities and services. However, significant facilities and services do include the use of a Community Room located in the rental portion of the Cottages of Albertville subdivision by the residents of the Subject Property. The owner -occupied Homeowner's Association shall have reasonable access to the Community Room to comply with the requirements of this subsection. The Homeowner's Association shall submit a Compliance Proposal to the City annually demonstrating the significant facilities and services being offered to meet the physical or social needs residents and to comply with this paragraph 3G. H. No person under age 18 may stay overnight with a person over the age of 55 who resides in Albertville Cottages Two longer than 14 total number of nights in any period of 4 months. in no case may a person under the age of 18 stay overnight with a person over the age of 55 who resides in 6 Albertville Cottages more than 28 nights in a twelve month period. A. Developer will provide the City with a surety acceptable to the City Attorney as security that the obligations of the Developer under this contract shall be performed. The surety must be in the amount of $ (representing l00% of the estimated cyst of the Municipal I I ). Said surety must meet the approval of the City attorney as to farm and bank. B. Ilie City may draw on said surety to compift work not performed by Developer (including but not linuted to on- and off -ate mxprovements, Municipal Impovernents described above., erosion control, and other such measures), 1 pay hens on property to be dedicated to to-City,to reimburse itself for - ti Incurred +.t in the 11 k1.1 !.owcution, d ! i..' t A i! or .4f • +u�+t this 4u a! 1 repair1' correctdeficienciesor # tl a problemswhich occur 11 the 11 1 : Improvements during the warranty period, or 11 otherwisefidfill the obligations o Developer under tins g•Mlle" 1 C. In the event that any surety referred to herein is ever Utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said d-, mination, refund to the Developer any monies which. the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's surety prove insufficient or should Developer fail to maintain said surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. A. That portion ofsaidsurety II respectto 11,-performarice It ii iivementsshallbereleasedupon certification of the igIii;.:l and approvalof the Councilthat: suchitems are satisfactorily purstuo to this Agreement Iw Periodically,payments aremade1y the Developer f1 the completion of portions i;i`I:' of the �1 1 1111wernents, and whenit is reasonably prudent the Developer mayt the thattlx: surety 1e f- i !,1 1 i i. C.. reduced for thatportion of the n1'. tt 1r. 1 +ftt .It t: which have be.It fully completed I,1 paymentmade - therefor.such decisions shall 1.... at it discretion of the Council. Thecosti processing reduction request(s)shall be billed II theDeveloper. Suchcostha be paid ttj the City within thirtydaysof thedate of imailin! of thebilling. C. The Developer may request of the City a reduction or release of any surety as follows. i. When another surety is fiumshed to the City to replace a prior surety. ii. When all or a portion of the Municipal Improvements or the on and Off -Site, ts have been installed, the surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. iii. As to all requests brought under this paragraph A, the City Council shall have complete discretion whether to reduce or not to reduce said surely. D. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within. thirty (30) days of billing. 6. Sanitary Sewer Trunk Line Fees. Developer agrees that the Cityis Sanitaiy Sewer Trunk Line Fee Ordinance requires the Developer to pay $3,640.00 ($1,400.00 per acre times (x) 2.6 acres) in sanitary sewer trunk line fees as part of the platting of the Subject property. 8 7. Abandonment of PE2Iect - Costs and ExRtum In the event Developer abandons the proposed development of the Subject Property, -the City's cosh and expenses, including attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various representations, shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, or fails to provide sufficient ground -cover to prevent continuing soil erosion from the Plat, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat. If such costs are not paid, the City may withdraw funds for the purpose of paying the costs referred to in this Paragraph from any surety posted by Developer with regard to the Subject Property. S. Apr o Ea Qft's Costa and EzRMW, It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of the Cottages of Albertville Two plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of the Said Plat without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 9. Erosion and ailtgtin Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading and Drainage 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 Grading and Drainage Plan prove inadequate in any respect. E 10. DiAsh ClUning. 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 all federal, state, county or city requirements, all at Developer's expense. 11. Maintain Public ProRMU DamagW or Cluttered DuringQnstruedon. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system (including but not limited to water main), sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. In the event the Developer fails to clean up, maintain or repair the damaged public property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer shall have thirty (30) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council. In the event that Developer fails to so clean up, repair or maintain said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, funds sufficient to pay the bill may be withdrawn by the City from the surety described above and/or assessed against any or all of Said Plat. 12. I=Rgra :Y Kssement Ndt& Developer shall provide access to the Subject Property during its development at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this agreement. 13. Miscellanem,= A. Developer agrees that all construction items required under this agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. 10 B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the: completion and acceptance of public improvements by City Council resolution, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have class five gravel and concrete curbing installed, unless a specific exception is approved by the City. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. After the Developer has completed all work and obligations required of it under this Contract (including the expiration of the warranty period), at the Developer's request, the City will execute and deliver to the Developer a release of its obligations under this agreement, except that the entire Paragraph 3, Intended Use of Subdivision Lots, shall remain in effect as to the land at all times. If developer transfers its interest in the Subject Property, Developer shall be deemed formally released of its obligations herein:, provided developer has completed all obligations under this Agreement, and provided that the successor in interest must comply with, and is bound by, Paragraph 3, Intended Use of Subdivision Lots. F. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. G. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. H. Prior to the execution of this agreement and prior to the start of any constriction 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 title opinion from an attorney of Developer's choice based on an abstract of title to the Subject Property updated by an abstract company registered under the laws of the State of Minnesota i. Developer agrees not tD build on Lot No. 5, Block 1 and Lot No. 17, Block 2. Developer agrees that said lots shall be maintained by the Homeowner's Association. 14. Draw on IlEfAL In the event a surety refer to herein is in the form of a surety which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or completed, it is agreed that the Developer shall provide the City with a new surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the expiring surety. If a new surety is not received as required above, the City may declare a default m the tenors of this Agreement and t%nce draw in part or in total, at the City's discretion, upon the expiring surety to avoid the loss of surety for the continued obligation. The form of said surety must be approved by the City Attorney prior to its issuance. 15. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent of the Developer use all of the deposited cash, irrevocable letter of credit or other surety fiords to complete the Developer's obligations under this agreement, and to bring legal action against the Developer to collect any sums due to the 12 City pursuant to this Agreement, plus all costs and attorneys fees incurred in enforcing this agreement. B. Paragraph 15A shall not apply to any acts or rights of the City under paragraph 14 above, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as therein: authorized. The City may elect to give notice to Developer of the Citys intent to draw upon the surety without waiving the Citys right to draw upon the surety at a future time without notice to the Developer. C. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 16. fadiglionis to the City. A. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all sanitary sewers, storm sewers, water mains, and trails to the City. Prior to dedication, Developer shall provide to the City "As Bunts" of all sewers, water mains and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. Said dedications shall occur by June 30, 2000, or at such later time as determined by the City Council. B. The Developer is not dedicating park land with this plat. As a result, Developer and City have agreed that the park dedication requirement shall be paid to the City in the form of cash in the amount of $26,000.00 ($1,300 times (x) 20 units). Payment of this fee shall occur prior to release of the final plat. 16. Uning Nandards. Developer shall adhere to the City's R-4 zoning standards, except for the following items which shall be allowed m this Planned Unit Development: A. Private streets shall be 24 feet wide. 18. Phased lky& e®t. If the plat is a phase of a multi -phased preliminary plat, 13 I 'd the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All futtu c Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 19. Indemnill. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 20. Amienment 91 Copirah The obligations of the Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 21. ft2fmional Fm& The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's and professional fees incurred by the City in the event an action is brought upon a letter of credit furnished by the Developer as provided herein. 22. N-otif cation Informatian, Any notices to the parties herein shaffbe 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 14 Cottages of Albertville Two, LLC c/o Steve Feneis 1011204 Street North Suite 109 P.O. Box 1802 St Cloud, MN 56302 (320)202-8000 23. AgEment Kffgs& This agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) 15 CITY OF ALBER.TVILLE, By Its Mayor By Its Clerk By Its Manager The foregoing instrument was acknowledged before me this day of , 1999, by , 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 insumnent was acknowledged before me this day of 1999, 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 1999, by , as Manager of DRAFTED BY: Court & MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 612 97-1930 Notary Public 16 .o_ 9 A AZI "y Albertville Offlu- of the CoAty,ri Courdy,m -i of the CoUMm of AD)ertviDe Two Pla): • Block i'1-17, Block OR Igg .150 GW^C Smika IN PW COTTASMS OF ALBERTVILLE TkSO AL5MTVILLI!, MN natant DINNAM cax"Aum MMM 2ad= an APPItaymp Cal ftm or In' Eel W-25 i! N ill 717 21*- :%WAWA LF INUA rg Ik N, 2: > INEZ. Fer- FFE! 96 7p <! � r 4, CONCPIM oftafty SWANtW - MR 9 v --\ I T 1 <ANTAF, A C-WM - I EACH COMCRM W&M OUTM - 24 S.Y. �13X 5:�� 15 7N 1,1/ L MIS P== UTILITY PLAN GOTTAbCS OP .4LSC!lNILLL° TWO ALSZ'RNI ff, MN �... w ws. •srr +a.• ttll ,1L,�, LL +M tL i ��. I •�--••—�— •1 I .-�.r-s.. i 1 � aaas ass arm aaunty - s V ago soi .r= wls arwc ' r awac a o.wru Naa.. a► apow in as Ommo A tts of iroAam. lose 14 .+ 3 8 9 10 tt 12 1 t t I r' 1 ! rM'92'48" R 1lOOp 1 W 1 , ( r I 1 1 • !gig .. , • ` t �iA*I r -1 A -1. ws j 1 1 I O.t E.e 5r9rCi Tgli ------------- ' i t iN-- _—_-- /Z tu Lu oe UA - - - - - - - - - - - - - - - - - ------------ i t .// 1 �� `✓ .� rJ ' i /` f--` ; ------yam ,'�_ _.—.__..—_ ------------------ � = t s t ; ;• I o —� • � 1 ' ems. ,� .�� sea 2. i ` atJ '•° ''��'©" =>'r+ '°'QO!'49EC7 L.iVitVCs t:N►rS EMMIT D ui % % % N Ile 8E W44" IE lftoo-_�. 3&61 ',-,m ororlr Lr 0&0 3c E AM uj 47A0 47.00 47.00 w cri • we him %IOWJNIW PC" la D2!O •"is .ff 6 awo Asmm wk am 4c 360400 7.00 47A 47.00 it -1. M.ORAttQ...S.70"WWO-4-9-75% 43"' ZIZ7 M.AUV 3s.n 14 PA ��4941c" Asluma -a souvw TA 491/4 or 16civa L m alr3wo5" w zwm SARI U- --$ M-36-05- E 251-80-- SWIG'22-Ir �X 5. a= I AM -A. :F cz 17. UEK 2 WA WM.K A.0 47AG 47.00 LQ 4700 A Z 41.00 47.w *T a 47.= 8 7-00 47.00 ( n V) Ih .19 . 20j..V" lov UM; -C sw pre 3 LQ 14 1 47M 47.00 4 10 ov10, UJ 2 47.0* 41.00 Bonestroo lcm Wifflamson Kotsmith -S 8r3X39- W 259.83-- to 9 2SS-3 -,OU'7% otA IF two 4b/A SITE PLAN EaMIT E ScC�) SPECIAL ASSESSMENT REALLOCATION AGREEMENT WHEREAS, pursuant to a written agreement dated November 22, 1996 ("Agreements") with John George, Inc. ("John George"), the City of Albertville ("Albertville") has constructed a road through property ("Property") owned by John George and assigned property identification number 10 1-500-3 54300, thereby dividing the Property into two parcels; and WHEREAS, under said Agreement, John George donated right of way for both Wright County Highway 37 & 19, which donations have been incorporated into plats Wright County Highway Plats Nos. 30 and 34, and said Agreement also allowed Albertville to specially assess the Property for up to $50,400 of the cost of said construction without objection from John George; and WHEREAS, said Property is also subject to special assessments levied in 1993, which assessments were deferred for a period of twenty-four months after the acceptance of the Wright County Highway 37 & 19 construction improvements pursuant to an agreement entered into between the City and John George dated November 22, 1996; and WHEREAS, John George now requests that Albertville allow a new property identification number to be assigned to one part of the Property and requests that Albertville reallocate the special assessments among the two parcels making up the Property and one adjoining parcel currently assigned property identification number 101-500-021102; NOW, THEREFORE, ALBERTVILLE AND JOHN GEORGE AGREE AS FOLLOWS: 1. Albertville hereby authorizes the assignment of an additional property identification number by the Wright County Auditor to that Property currently assigned property identification number 101-500-354300, said assignment to be such that one property identification number be assigned to the property north of the newly constructed Wright County Highway Number 37 and one property identification number be assigned to the property south of the newly constructed Wright County Highway Number 37, as shown on the attached Exhibit A. 2. Albertville hereby agrees to reallocate the special assessments currently outstanding against the Property in the following manner (all references are to parcels as shown on the attached Exhibit A): 1998 1993 Assessments Assessments Parcel A $29,170 $17,696 Parcel B $10,165 $ 6,167 PIi3 No. 101-500-021102 $ 9,465 $ 5,744 3. John George hereby waives its right to mailed notice, pursuant to Minnesota Statutes § 429.071, Subd. 3, of the reapportionment of special assessments anticipated in this agreement and also waives any appeal rights John George may have under Minnesota Statutes § 429.081 as a result of said reapportionment. Dated: CITY OF ALBERTVILLE John Olson, Mayor Linda Goeb, Clerk -Administrator JOLT GEORGE, INC. By: Its: FPCH PU 4 UUS t STQ. LTL+. PHQ E 110. 61? 933 L L'°.� Feb. L L 19" Qb:.'mq*M P2 WMCAN AMC • HMO ai�lr • COM4'r�t1C'TIpN allllMt e,,p„!, • � laser+ . nw+� • ProposedDescrriprtton of"PARCM A" (ail in Section 35) Trot per• of the Soudmmst QWaa of the Soudma " Rmp 24, Might co ,: ' of Section 35,.Township 121, 1y of du ptat of WESTWIND 'WHSh, ' of � Staxe'Aid 1 No. 3' . saw why y light-of-WW line WAY PLAT l�ir3. 3Q ' as defined by WWcjfrr t'OUNTY RjryHT-0F d& Collar, Mnnft t.; and bUg Sourhwe�erly. of the W * �i&-of-wary line of WP,10W COS RiC3HT-OF-QitAY PLAT NO.34, . Wright County. Mim>u atL Proposed D"caption of "PARCEL- 8" T%t pm of tlee SM&OW Quai* of dW Soudjim Quma of Section -35 Township 121, R,ao 24, Wright �, bian!" otk Ming Soudady of the aoudmerl ' P Of t� Burlington Nort6i�> Ra' y right-of-way line 1ine of Cowuy. Sartc Arid Ht dtoad, N Y, of tiyc y aghot-©f--way. SIV4 No. 37, as defm,d by"WRiGHT COUNTY RIGHT O)F=WAY PLAT N,.. 36. Wright Cumy a d I ' W3y*of the i. c•of 3 Southwey and y --way line of WRIGHT COUNTY RIGHT-OF_WAY PLAT Na. 34. Wright County, MMMM. ` EXIjiBIT 1A- PAGE 2 O�noa: SL Ptd 704n ibrts (#iZ? 135-09"tZ • #i io BirR E C1e� �dtt loQ � �onlo�. trlN 35343-9123 . `PAX (6i2) 933; M. mmu vv� u o MOGov) N �vp d Oc4n °1 N 0 0 y .&1 N oog1.to M N tp N M N EZoo co OM - ♦ O O NC* + St., . 0) tl N C WoOM 0 O NNO ._•s, � 1 *Z 'Pba 'ort 'del 't •BPS \' y 1O �,/t AN 041 lO Pull 41JON1 L °n� Q �NM m to In cn 1 a 12 a° 9 cp L M � n T O C� IA = N m mz U U z c 3•;.0 ooa OV -- If Y011ro`003-l0/A dip \� Satan 8Z'Z lj,be OWN ;Z o6a 'oZt •dMl 'Z 'O.S X\ / \ I JO V/t 3N 041 to Pull 41JON I 1 1 ;Z •o6a 'tll 'dMl 'gQ •oog \ 1 10 f/ 13S 044 JO Pull 41-S � M 1 1 � • '' 1 Q$ y \�\ w y o I • C) I C/1•I,LL I _ I op I\,\ I I 1 1 \ Ma�i ►Q1• U \ 0 v- M �\ w y Q GD • CL o c�i • i O / �► U / obOh I b�, N � oti N 0V0 o.4 M a N 04 mm w C) 0o M N 6 Z ►v N !1ag j M r Lu 4.141 RESOLUTION # 1999- zo RESOLUTION ACCEPTING PETITION TO CONSTRUCT 5T" STREET AND LAMBERT AVENUE WHEREAS, a landowner abutting the proposed 57h Streit and the proposed Lambert Avenue bras�rovide% the City of Albertville with a petition requesting that the City Council construct 57'° Street and Lambert Avenue within the City of Albertville, including the installation of water main, sanitary sewer, stone sewer, and curb and gutter, and WHEREAS, the Albertville City Clerk has determined that said petition has been signed by more than 35% of the landowners abutting 57te Street and Lambert Avenue; and ! ; 1 , r 1 11In 11111111[ i 1. The City of Albertville hereby accepts said petition requesting the construction of 57m Street and Lambert Avenue within the City of Albertville, including the installation of water main, sanitary sewer, storm sewer, and curb and gutter. 2. The City of Albertville hereby determines that said petition has been signed by more than 35% of the landowners abutting 5T4 Street and Lambert Avenue. ADOPTED BY THE CITY COUNCELOF THEOF t 1 :i DAY OF APRII.,1999. John Olson, Mayor ATTEST: Linda Goeb, City Clerk It CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF 1VIINNESOTA RESOLUTION # 1999- 11 RESOLUTION ACCEPTING AMENDED FEASIBILITY STUDY WHEREAS, the Albertville City Council has received a feasibility shidy prepared by the City Eugin= related to the cost to construct 57'h Street within the City of Albertville, including the installation of water main, sanitary sewer, storm sewer, and curb and gutter, and WHEREAS, theAlberMHe CityCouncil has :i e.► thatthe lgmee+ 11 ► •Y.Ft 1I, ! y ! ►,►i11 e{ K !;1 ( ! ! 1 ! I f I ! / ► ! ! ► I " I1." '.t+i '.7 1 7.1 ....` - - ! 11 .11 ! i ► ► ► . Ill:f S.I ► WHEREAS, the City Fm&m has prepared an amended ► iw!- feasibilitystudyestimafing thecosts of !n i . f ! ! of 5 Street andLambert1 NOW, :1 REFORE,BE i 1 BY THE1 OF l CITY OF 1 WRIGHT1 11 ! 1. The Engineer's amended &asibility study is hereby received and accepted by ► Council. y ADOPTEDBY it CIT Y COUNCIL OF TIRE CITfi ► i� DAY , f t 1999. t ATTEST: Linda Goeb, City Clerk John Olson, Mayor 1 jaw I :ICE 605 Franklin Avenue NE, P.O. Box 51, St. Cloud, MN 56302-0051 320.: architecture engineering environmental W44fd(l) March 16, 1999 RE: Albertville, Minnesota 1999 57th Street Improvement SEH No. A-ALBEV 9812.00 Honorable Mayor and City Council c/o Ms. Linda Goeb Administrator City of Albertville 5975 Main Avenue Northeast P.O. Box 9 Albertville, MN 55301.0009 Dear Mayor and Members of the City Council: Bids were opened in the City Hall at 11:00 a.m. on Monday, March 15, 1999, for the above - referenced improvement. The low bid was submitted by Dennis Fehn Gravel, Inc. of Albertville, Minnesota. A complete tabulation of bids is enclosed. In my opinion, Dennis Fehn Gravel, Inc. is the lowest, responsive, responsible bidder and I recommend award to them based on their bid of $780,144.75. Please contact me if you have any questions. City Engineer djg Enclosure (Bid Tabulation) GAWbgwl981 YkorAiw 16a•99. w8d Short Elliott Hendrickson Inc. • Offices located throughout the upper Midwest • We help you plan, daregn; and achieve. Equal Opportunity Employer 1 AIV AFW , 605 Franklin Avenue NE, P.O. Box 51, St. Cloud, MN 56302-0051 320.253 architecture engineering environmental 4�4QW(4; March 23, 1999 RE: Albertville, Minnesota 1999 Oakside Park D20 SEH No. A-ALBEV 9901.00 Honorable Mayor and City Council c% Ms. Linda Ooeb Administrator City of Albertville 5975 Main Avenue Northeast P.O. Box 9 Albertville, MN 55301-0009 Dear Mayor and Members of the Council: Bids were opened in the City Hall at 1:00 p.m. on Wednesday, March 17, 1999, for the above - referenced improvement. The low bid was submitted by Omann Brothers, Inc. of Albertville, Minnesota. A complete tabulation of bids is enclosed. In my opinion, Omann Brothers, Inc. is the lowest, responsive, responsible bidder and I recommend award to them based on their bid of $68,762.26. Please contact me if you have any questions. City Engineer djg Enclosure (Bid Tabulation) &.WbMg901 n-Wvvd Short Elliott Hendrickson Inc. • Offices located throughout the upper Midwest We help You plan, design, and aldm. Equal Opportunity Employer E a 8 8 8 8 8 8 844 8 i 1Q8 qp9 w w w + w » • w •, N 8 8 8 p p i8 V � g 4 p8. ► f N N ab n O O' W p O f O d - h N j r,, w e N 8 8 8 S 8 8 8 8 8 8 8! 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N N e► h • tl tl tl i p8p 8 8 Q 8 8 8 p 8p 8�y Q 8Q 8 gi l9 N M N gi Ng N g NN � 1�7jj m 8 8 8 8 8 8 8 8' 8 8p'♦ N h CC apT t0 of i0 �sit1 {`/ 1.'�+ "i W N hw tlS t"h M a"0 Ol oND Qq p M 'A to p A I j 8 O N Ip[l 8 8 O O N N 8 pp tpo W O O O e g a M w O N g m N» «, �ipp4 M A w w q A tl N 8 o 8 8 2 8 8jy 9 8 8 8 8 40 QQ�� 1 4 10 • ~ q. v N q. 0 qj A O � q A q q W W W � lC C? W. 1C1 J aC In LU W a VW aW W W a N = H 3 tu s8 _W OW 2' J O X W U 7� aC2 �WC7r(S Q N. CT ; is u}a ac Z a W In g U`i3' 'vnoaa rLy ►W- U N N u t9 J J J J J a 6 N to w ui a a c h h N V ^ N N 124 N N N N Y t it 4\ 0=11k*4 in -V4. Iwo 71' QO WW at ELA 0 4 Z Y J a ta. P1N as ------- ------�\\ �N. Y a a / z > a Z i c=� 1- Y Z F- tnO¢ N C x=a W x W x W O IMA 0 CA�Zwm=�_WII 0 z wl- 'nW 3ZN om Zcr� cr v a f aW Cl,aN Q D m 0 0 X Z =� z w CL J 0 J W j U) Ir Ow Q U6P'DUx9\N-Jo09J!l\l066\naglD\:6 3113 H3S 6S:00:90 6661 21VY4 Of 00T WRIGHT COUNTY ti sot/ DEPARTMENT OF HIGHWAYS Wright County Public Works Building VIRGii. C3. HAwitIiY3. P.E. , Q 1901 Highway 25 North Assistant Highway Engineer +L Buff, Minnesota 55313 GBZ7387 �y 7 RiCHARD L MAAQUV 7get3 At. T.H. 25 and C.R.138 Right of Way Agent Telephone (612)682-7383 607386 Facsimile (612) 682-7313 March 29, 1999 Peter J. Carlson, P.E. S.E.H., Inc. 605 Franklin Avenue NE P.O. Box 51 St. Cloud, MN 56302--0051 Re: Cooperative Funding Agreement No. 9904, CSAH 19 Improvements City of Albertville Dear Pete, As we discussed at our meeting last week, please find enclosed the following items. 1) Two (2) original copies of cooperative funding agreement no. 9904, for approval by the City of Albertville. 2) Plan sheets no. 1 and no. 2 of SAP 86-619-07, which is the original grading plan for CSAH 19, constructed in 1972. 3) Plan sheets no. 1 and no. , 26 of SAP 86-619-21, which is the plan for the CSAH 19/CSAH 37 intersection built in 1997 that shows the existing conduit locations. This is not an as -built plan, but can be used to locate the exact endpoints of the rigid steel conduit. 4) Pavement management information on the CSAH 19 segment from I-94 to the North City limits of Albertville. 5) ESAL's computation and granular equivalent (G.E.) computation based upon the traffic projected due to the outlet mall. Options for improvement would be complete regrading or addition of six (6) inches of bituminous mixture to CSAH 19. Complete regrading may involve placement of five (5) to six (6) inches of bituminous mixture also, so the addition of six (6) inches of mix to the existing section may be the most practical option. Opportunity / Affirmative Action Employer COOPERATIVE AGREEMENT NO. "-04 BETWEEN THE COUNTY OF WRIGHT AND THE CITY OF ALBERTVILLE FOR HIGHWAY IMPROVEMENTS ASSOCIATED W/ OUTLET MALL DEVELOPMENT IN THE CITY OF ALBERTVILLE 1 :\DA A\ 19A 1 i ` r 1 5. A traffic control signal system, if it is determined to meet any of the signal warrants by the Wright County Highway Department within the next five (5) years of opening of the mall, shall be installed at the access road to the Mall & CSAH 19 by the City of Albertville, entirely at City expense. 6. A traffic control signal system, if it is determined to meet any of the signal warrants by the Wright County Highway Department in the future, shall be installed at the intersection of CSAH 37 and the I- 94 westbound exit ramp by the City of Albertville, entirely at City expense. 7. A traffic control signal system shall be installed at the intersection of CSAH 19 and CSAH 37 prier to the opening of the Mall. This signal system shall be installed by the City of Albertville and funded with a 50t50 cost share, in accordance with the County funding policy. Flans & specifications shall be prepared by the City in accordance with MnDOT state aid standards, and subject to the review and approval of Wright County and MnDOT. 8. The City shall indemnify, save and hold harmless the County and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the City. The County shall indemnify, save and hold harmless the City and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the County. 9. It is finther agreed that any and all full-time employees of the City and all other employees of the City engaged in the performance of any work or services required or provided for herein to be performed by the City shall be considered employees of the City only and not of the County. It is further agreed that any and all claims that may or might arise under Workman's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole obligation and respo nsibility of the City Any and all full-time employees of the County and all other employees of the County engaged in the performance of any work or services required or provided for herein to be performed by the County shall be considered employees of the County only and not of the City. It is f wither agreed that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the County. Before this agreement shall become binding and effective, it shall be approved by the City Council of Albertville and it shall also be approved by the Wright County Board of Commissioners and such other officers as law may provide. Much , IM FADATAMPWIDMORERM t o 3 04/01/99 07:20 FAX 320 233 1002 SEH.RCK ST CLOUD ALBERTVTLLi✓ t , MEMORi M PAAWM Ai/MM W. PO BCgC'Sf, ST Ctt W. MM 1 320 MfOWW 9Q0 3404138 320 253.1M FAX TO: Linda Goeb City Admitti�ramr Albertville, Wmnesout FROM: Peter J. Orison, P.E. City Engineer DATE: Aril 1,1999 RE: Lehr of Credit RAd don Fairfield Addition Albertville, Minnesota SEH No. A-ALHEV9708.00 The City's Policy is to retain the letter of credit at 5!e of the consWw cost during the second year of the warranty period. The pvjot cost was $298,293.00. Therefore I recommend the letter of credit be reduced to no leas than $15,000.00. Please call me if you lave any quesdow. c: Mike Cori, City Attomey I Jr so a (/) March 13, 1999 City of Albertville City Hall 5975 Main Ave. NE Albertville, MN. 55301 Attention: Albertville City Council, This letter is in regards to the drainage system in the Greenhaven Estates division. This drainage ditch was implemented this past December of 98. As a tax payier of our property of over 13 years, we have never been treated with such disregard. First we were not informed properly on the changes that were being made about the project. To our knowledge the replacement of the drainage ditch was to be just that, the replacement of the old one. We were given approximately one week to arrange for our trees and shrubs to be moved. This is Minnesota and it was in December. We tried to work with the council on changing its timing to a more weather permitted month. But that was irrelevant to the issue at hand. Overall we lost a large portion of our trees and shrubs that were growing for many years. We enjoy nature and had built up quite a wildlife sanctuary and a wind break were nothing exists any more. We were told by Peter Carlson (engineer) that the construction crew would be very careful in our area. They did scoop up a couple of trees for us, but they also destroyed the largest trees in the area. By the way, they scooped the trees up on to the sapling that we had to replant. Do to a warm December some of the little trees we could move. We were able to move about 20 sapling that we had just planted in the spring. We also would like to point out that our $25,000 addition now overlooks a mound of dirt and clay. Overall, we feel that we have had a total lack of respect towards us in this matter from our local government. We feel that our property has lost value from this project. We were'told to submit a bill for the loss of our trees and shrubs. Enclosed is a map of what we have lost during this ordeal. The replacement cost we estimated at $750.00. Please call if you have any questions or concerns on this matter. Sincerely, Thomas and Dawn Felker 12220 59th C. NE Albertville, MN. 55301 612-497-3875 CC: Peter J. Carlson (Engineer) John Olson (Mayor) ft, r- cr. -�• C, r p C .0 f-C r 0 3 s r NEILS • FRA&Z • CHI AI-MPNeYS A't.AW March 22, 1999 City of Albertville City Hall 5975 Main Ave. NE Albertville, MN 55301 Re: Hall & Associates General Contractors, Inc. Our File No. 18659 F 1011 SEC r. ST. 1.800.324.829u FAX 320.253.0503 E-mail nfc@doudnetcom Enclosed and served upon you in regard to the above referenced matter, please find a Mechanic's Lien Statement. Yours truly, NEILS..FGNZ & CHMHART AnWevM.'HulWen Attorney at L ADHrr cc: Hall & Associates Encl. F0ATA\IB6XV*0fAr0 ri TIMOTHY H. CHIRHARr LAURIE A CYLKOWSIG NEIL C. FRANZ ANDREW D. HULTGREN ROGER D. NEILS Qualified ADR Neu" Real Property Specialist certified by MSBA MECHANIC'S LIEN STATEMENT BY CORPORATION NOTICE IS HEREBY GIVEN, that it is the intention of HALL & ASSOCIATES GENERAL CONTRACTORS, INC., a corporation under the laws of the State of Minnesota, with its address at 606 25th Avenue South, Suite 111, St. Cloud, Minnesota 56301, to claim and hold a lien upon the tract of land lying in the County of Wright, State of Minnesota, described as follows, to -wit: Lot One (1), Block One (1), Barthel Commercial Park, 2nd Addition, City of Albertville, Wright County, Minnesota. for the sum of Seven Thousand Six Hundred Eighty-eight and 50/100 Dollars ($7,688.50) with interest thereon from the 25th day of November, 1998. That said amount is due and owing to said claimant for materials and labor furnished and performed in that certain improvement of said land described as follows, to -wit: Materials and labor provided for construction of Hockey Arena building, and transportation and storage of building materials. That the name of the person for whom and at whose request said material was furnished and said labor performed was as follows, to -wit: Richard Edenauer, on behalf of St. Michael -Albertville Youth Hockey Association, Inc. That the date of the first item of said claimant's contribution to said improvement was the 1st day of June, 1996; and the date of the last item thereof, the 25th day of November, 1998. That a description of the premises to be charged with said lien, to the best of said claimant's ability to ascertain the same, is as above given; That the names of the owners of said land and premises, at the date of making this statement, according to the best information said claimant now has or is able to ascertain, are The City of Albertville and Independent School District No. 885. That a copy of this statement was served personally by certified mail on the owner or his authorized agent or the person who entered into the contract with the claimant within 120 days of the doing of the last work or furnishing the last item of such skill, material, or machinery. That notice as required by Minnesota Statutes section 514.011(2), if any, was given. Dated this 2-� day of March, 1999. HALL & ASSOCIATES GENERAL CONTRACTORS, INC. '•'nw''Hall Its CEO Contractor's License No. CGEC0763 State of Minnesota ) ss. County of Stearns ) Gregory Hall, being duly sworn, on oath says: that he is the CEO of Hall & Associates General Contractors, Inc., the corporation which is the claimant in the within statements; that he has knowledge of the facts stated in said statement by reason of the following facts, to -wit: As CEO, he was responsible for the management and supervision of all work performed for the improvement herein described. that he makes said statement at the instance of said corporation claiming said lien; and that the statement is true of his own knowledge. NOTARIAL STAMP OR SEAL OR OTHER TITLE OR RANK ignature Subscribed and s orn to before me this day of 1999. ignaftuM " of✓Votaryr Public or other Official PAM M. SCHIAQEL BOTANY PUBLC • MINNESOTA My Comm Exp. Jan. 31. 2000 AFFIDAVITS OF SERVICE BY CERTIFIED MAIL State of Minnesota ) ) ss . County of Stearns ) Jill Roerick of the City of St. Cloud, County of Stearns, Slate of Minnesota, being duly sworn, says that on the 22nd day of arch, 1999, she served the foregoing Mechanic's Lien Statement on S Youth Hockey Association, Inc., the entity which entered into the contract with the contractor, by mailing a copy thereof by certified mail, enclosed in an envelope, postage prepaid, and by depositing. the same in the post office at St. Cloud, Minnesota, directed to said parties, at their last known address. NOTARIAL STAMP OR SEAL OR OTHER TITLE OR RANK 0:�� ko�� - Signature Subscribed and worn to before me this day of March, 1999. Si at o ary P lic or o,eher Official State of Minnesota ) U. ; PAM M. SCHLAGEL 8 S . NOTARY PUBLIC - IMINNESOTA County of Stearns ) t' {�� My Comm. Exp. Jan. 31, 2000 Jill Roerick of the City of St. Cloud, County of Stearns, State of Minnesota, being duly sworn, says that on the 22nd day of March, 1999, she served the foregoing Mechanic's Lien Statement on the City of Albertville, the record owner therein named, by mailing a copy thereof by certified mail, enclosed in an envelope, postage prepaid, and by depositing the same in the post office at St. Cloud, Minnesota, directed to said parties, at their last known address. NOTARIAL STAMP OR SEAL OR OTHER TITLE OR RANK Q'_� 9_c''� Signature Subscribed and worn to before me th' day of Ma ch, 1999 gnat r a P is or other off iciaf PAM M. SCHLAGEL NOTARY PUBLIC - MINNESNTA ° My Comm Exp. Jan. 31.2000 State of Minnesota ) ) ss . County of Stearns ) Jill Roerick of the City of St. Cloud, County of Stearns, State of Minnesota, being duly sworn, says that on the 22nd day of March, 1999, she served the foregoing Mechanic's Lien Statement on Independent School District 4885, the record owner therein named, by mailing a copy thereof by certified mail, enclosed in an envelope, postage prepaid, and by depositing the same in the post office at St. Cloud, Minnesota, directed to said parties, at their last known address. NOTARIAL STAMP OR SEAL OR OTHER TITLE OR RANK r Signature Subscribed me this 1999. 1 S.Wattxfe�df' t Sher Official ,orn to before day of March, PAM hi. SCHLAGEL NOTARY PUBLIC - MINNESOTA MY Comm. Exp. Jan. 31, 2000 is or 03/30/99 TUE 13:01 FAX 612 428 4470 CITY OF ROGERS N J--4 : 9 Lo 14 if ful L4 is Sol in ch 0 LW im'W 1 Z ca it :C3 • ig i9 I N- g ig 9I I Ig. &R ;M3 " - - ,I:;. 03/30/99 TUE 12:04 [TXIRX NO 76941 03/30/99 TUE 13:02 FAX 012 428 4470 CITY OF ROGERS s- V N `A 9 u.� la 003 03/30/99 TUE 12:04 [TX/RX NO 76941 03/30/99 TUE 11:51 FAX 612 428 4470 CITY OF ROGERS x ` k The Public Works portion of the budget provides for the maintenance of all public right of way and streets. Additionally, public works plays a principal role in the delivery of all municipal services (water & sewer), storm sewer/watersheds, and development of private and public lands. Public Works Supt. Public Works II/insp. (2) Public Works II/Mech (3) Public Works I Part-time/Seasonal Services (1) Includes Sewer & Water Licenses C $50 per level (2) + 50 per license ($100) (3) Level Increase Personal Services Health Insurance Streets Streets (Bond Payment) Supplies & Services Street Lights Connmunlcatlons Snow Removal/Mowing Property & Casualty Insurance Dues/Subscriptions/EduceMon Vehicle Fuel/Repair/Maintenance Uniforms/Clothing Capital Outlay - Vehicles - Building - Other 1998 Rate/Hr. $50,216 Salary (1) 16.22/2080 13.32/2080 8.20/2080 5.48/1000 Proi_ 1999 Rata/Hr $51,973 16.78 + licenses 14.30 + licenses 10.50 + licenses 6.00/1000 110,405 21,000 20,000 23,000 6,000 29,000 1,500 18,500 8,000 2,000 15,000 1,200 17,500 E 03/30/99 TUE 10:54 (TX/RX NO 76901 March 10, 1999 Honorable Mayor and City Council City of Albertville 5976 Main Street Albertville, MN 55301 Sir, i , F 7.« QS Prol'm donai Services Grow Inc. (PSG) is proud to have operated the Albertville Wastewater Treatment Facility over the past years. We are also proud of the work we have accomplished with the Joint Powers Utility and respective distribution systems. It has been a pleasure to work with the City's representatives, and we value the partnership we have developed. We are pleased to submit these proposed budgets for the operations, maintenance, and management of Albertville's distribution system. We have careMy calculated the budget needs and are constantly striving to provide the highest level of service at the most rye cost. With Improved customer service and increased customer satisfaction in mind, we offer two options. The first is simply Aftaville's portion of the Joint Powers contract, split out solely on the percentage of workload that the Albertville system demands. This proposed budget is $47,001. This budget does not include operating supplies, a repair and maintenance budget, or any other direct operating cost. it simply covers labor and benefits and associated costa, vehicle, and computer. All expos would be paid directly by the City of Albertville. In our opinion, this arrangement does not allow us to provide the best possible customer service or the best budget The second option inches ALL. labor and benefits and associated costs, vehicle, computer, all operating supplies, and a repair and maintenance budge. All costs associated with managing and operating the distribution system are included. This bidet is $79,691. Or this 519,000 is a repair and maintenance budget, which is setup as a reimbursable account. Thais the same way that the wastewater budgets are developed. If actual maintenance and rem expenditures are less than the maintenance and repair budget for any agreement year, PSG rebates 1001% of the difference to the City. If actual maintenance and repair costs exceed the budgeted amount, the City will reimburse PSG for the avenge, at cost. We have found this cost control approach is fair to both parties because PSG has no incentive to negied or overspend on maintenance and repair since our compensation does not change. There is newer any reason for the City to worry that the required maintenance will not get done, and we can feel comfortable that we can do whatever is necessary to protect the City's investment in it's utilities. This second option also includes administrative / customer service labor. It is a very small fraction of the cod, but it will allow us to use ofoe staff to handle customer complaints, questions, and schedule work orders and meter readings. With the first option, we would not have the ability to be available in an office, at a telephone. During this transition period, we feel this is already becoming Rustmong for contractors, residents, and our staff. We truly want to provide the best customer service to the City and its residents. We have been asked by each of the member Cities to propose some options for the billing issue, as well. We have attached a copy of the Joint Powers proposal for year reference and a spreadsheet with the cat breakdown associated with billing, should it be something Albertville would like to evaluate and consider. Please understand that we do not want Albertville to Eel pressured or backed into a corner in any way by any of our proposals. PSG also realizes that the City would like to evaluate and consider whether Albertville should take on the workload of the distribution system now or sometime in the future, as you should Following are a list of some items / issues that you may want to use in your evaluation: Professional Services Group 3320 Lander Avenue, NE St. Michael, Minnesota 55376 (612) 497-8309 Fax: (612) 497-8312 S City of Atbetville March ro,19" Pop • Labor: abort currently takes approximat* % of a full -tithe person to do the fieldwork required in Albertville's SSA • V&Wcic Due to the type of calls and scheduling, it is likely that the City would have to dedicate a vehicle to the water deportment (ad" or new?) • Cxxtmw Sovk& 71me are administratve coats and customer service issues you would want to think about, such as City Administrator / doff tine and on -call ems. There are more after -his call -outs in the water end of public works than sewer -related or other calls. There must be a person on -call 24-hours; per day year- round (weekends and holic M). • A'Wpmmnc- Tie are several specialized tools that are needed to perform the distribution system work, including locating equipmeK Several sizes and types of valve and csubstop bays, shovels, torches, allm items must be carved with the operator or twice as much time could be expended to do a particular task) TheSe issues are simply offered to aid you in evaluating your decisions. Again, it is NOT our intention to make the City fed press,med into any decisions concerning our p gmals. We are al and concerns. ways available to discuss your questions Should you choose to accept one of the pr w=K by signature below, we can begin finalizing the contract documents. We would net0fiM the annual budget a few months prior to the beginning of each year, just as we do with the wastewater coact. We will always discuss the details of coming budgets with you so that we may understand your objectives aid co =US for the upcoming year. Effective communications is important to a successfid relationship. The key of our Ram is long and healthy relationships and a dispute over a small increase is not in our best fturest. We are committed to providing the highest level of service with maximum cost savings to the City of Albertville by cards budget management, effhcient operations, and a rigorous maintenance program designed to protect the Qty's investment in its utilities. We look forward to the challenges of growth and tie changes that the City is facing in the Coming years. We very much appreciate the opportunity to continue serving the City of Albertville and its citizens. Should you live any questions concerning this proposal or the billing issues, please call me at (612) 497-9309 or Peg at (712) 239-4070, anytime. PROFESSIONAL SERVICES (CROUP, TNC \T Margaret . (Peg) Beer, Area V.P. Kelly Rrownin016 Oct Manager I CITY OF ALBERTVTLLE John (N.Snn, Mayor Attest March 9, 1999 Board of Comanissionars Joint Powers Water Board of AtberiWk Hanover, and St. Mic haed 705 Central Avenue St. MidbwJ, MN 55376 Dear Commissions: Prof wouai Services Group,, Ine (PSG) is proud to have operated the Joint Powers Water Board of Al mtville, Han ow and St. Michael (AMB-AHS) water utility system over the pest year. It has been a pleasure to ®cork with the Board and it's r+epresentativa and we value the partnership we have developed, We arc pleased to present our proposal to provide professional water utility system Operations, Maintenance, and Mmagement ( to AYWB-AHS. We have cwd6Uy calculated the budget needs and are constantly striving to provide the highest level of service at the most reasonable cat. The proposed annual fee for full OM&M of the JPWB-AHS water utility system is $132,285. This would include all aspects of normal routine operatics and maintenance of the pump house, water tower, and EDA lines, and also includes flushing of the distributim system on a semi- annual bad. This includes all labor and benefits, electricity, 69micaK vehicle, fuel, computer with software including compute rbW maintenance program, safety, training operating supdies, snow removal and grounds mainlensna, and basic office amenities. Of this fee, $30,100 is a repair and rnaintenarme account From our years of vVerience, PSG has developed methods of handling maintenanm and repairs that ensure the client proper maintenance is being provided at a reasonable controllable cost. PSG establishes a separate maintenance and repair budget within the overall budget for this purpose. If actual maintenance and repair t;I MI P I are ten than the maintenance and repair budget for any agreement year, PSG rebates 100% of thedifibremtothechent. If actual maintenance and repair cats exceed the budgeted amo mt, the City will reimburse PSG for the overage, at cost. We believe this cost control approach is fair to both parties because: • PSG has no incentive to neglect or overspend on mainoe and repair since our compensation does not cinanile. • The process of establishinng the budget ensures open ons, complete understanding of the maintenance and repair program, and a baseline for annual planning. Our objective is to establish a method of cooperation that ensures completion of the necessary maintenance and repairs at the facilities in ceder to protect the Board's investment in its utilities. Using the stone methods to calculate the JPWB-AHS OM&M budget, PSG presents the following budget to include OM&M of the JPWB-AHS water utility and the management of the its office. The proposed annual fee is $233,089 and includes the maintenance and repair budget of $30,100. This proposal inchxks all services listed in the OM&M budget, plus full management of the JPWB-AHS office. Full office eat includes: staffing of the office 5 days per week-8 hours per day; billing bookkeeping, secreiiriai service for the Board (assembling agenda, taking minutes), customer service, office r,nt, and stands d office eepdpMeM and supplies associated with a typical business office. As an added benefit, PSG would provide, at no extra charge to the municipalities, complete utiliticrs billing of water, sewer, fees, etc. For either of the proposals, PSG would assume responsibility immediately. We will work with the Board, Ms. Kipka, each municipality, the engineers and other professionals associated with the utility to provide for a smooth and professional transition for the Board I JPWB-AHS March 9, 1999 Page 2 As with your exiling contract, PSG will negotiate an annual budget a few months prior to the beginning of each new year. A*isrments are typically for increased or decreased ecet of power, and occasionally labor (as the system needs deal. A chan$o in our scope of services would also prompt neptnUons for changes in our fee. The Joey of our success is long and healthy relationships; a dispute over a small ire is not in our best interest. We will alwarya discuss the details ofcoming budgets with you so that we may understand your objectives and concern rn for the upcoming year. Effective communications is important to a successfid, long-term relationships We ruralize that the billing is NOT a Board decision, but a member City decision. In terms of cost of may, it makes the most sense to economize by combining the billings for all three communities on a long-hxm bads. We do not, however want to convey the impression of "all or none" to the Board or the Cities. h is chflbruit, however, to hire a person for only a few bows per day. Should the Cities opt to assume the billing sometime by the end of the year, this transition period will still demand time and work. We would hkdy be able to transition this person into other PSG responsibilities in our area as our other projects are growing and changing. We are willing to tdw this risk. We would ask, however, that the Board assume this labor buds through the end or 1999. The staff would undoubtedly be utilized 100% We are committed to providing the highest level of service with maximum cost savings to the Board by ca reiul btu management, efficient operations, and a rigorous maintenance program designed to protect the Board's ice. We are looking forward to the challenges of the growth Joint Powers and Cities are de open appreciate the intent and support you have shown in the relationship we have already Your acceptance of this proposal, by signature below, will allow us to begin negotiations of the contract documents. If You should have any questions concerning this proposal, please call me at (612) 497-8309 or Peg at (712) 239-4070. anytime. PROFESSIONAL SERVICES GROUP, INC Margaret M. (Peg) Becker, Area V.P. Kelly Bro"ing, A*d Managerr JOINT POWERS WATER BOARD OF AHS Wayne Kessler, Chairperson Attest I ProlMssional Services Group Cost analysis of Joint Powers I Billing issues Following is a coat breakdown of the bINIng fw the mwnber cornmunitles„ should they opt to haw Wing han~ through the Joint Powers once Jaw Powers t N&V $182,285 Joint Powers OWN + billing and ofl/ce mgmL $238,089 difference $55 .0111ce mgng (JP) $27,902 " cffi9 (total threecities) $27.902 Albertville sa,2os 3ti Hanover $1,674 (,w St. Michael $15,067 5�10 EDA customers s1, Total 2T,8 2 " These figures include ALL costs associated with the task (labor, benefits, Office rent, computer support; Office supplies, telephone). They also include ALL billing (water, sewer, fees, etc.) Of the billing costs, the labor portion is., $13,310 Albertville $4,392 Hanover $7 St. Michael $7,187 EDA $W2 lk- r