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1999-05-17 CC PacketALBERTVILLE CITY COUNCIL AGENDA May 17, 1999 7:00 PM CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES (a) May 3, 1999, regular City Council Meeting (b) May 10, 1999, Board of Review Meeting 3. CITIZEN FORUM (10 Minute Limit) �Srs 4. CONSENT AGENDA (a) Approve payment of Check #'s 11751 - 11794 (b) WWTF Monthly Operations Report (March 1999) (c) Amendment Two to the Agreement for Operations, Maintenance and Management Services (d) Financial Statement ( April 1999) rg 5. SPECIAL ORDER a. Public Hearing on 62nd Street Improvements (1) Resolution #1999-20 (Resolution Accepting Petition to Construct 62nd Street Improvements) (2) Resolution # 1999-21 (Resolution Accepting Amended Feasibility Study) (3) Resolution #1999-22 (Resolution Ordering 62nd Street Improvements) 7; 6. DEPARTMENT BUSINESS a. Public Works (1) Report (2) Consider purchase of used snow plow from City of Rockford (3) Quotes on salt shed 40 b. Engineering �Cjjo (1) Consider Fire ' Iall bids (2) Fire Hall Site Plan — Cost estimates (3) Estimates for preparing preliminary and final plat of fire hall site (4) Fire Station Lease Revenue Bonds SssO . o /4 843--o d. Legal I�� 3 (1) GEM Developer's Agreement 3 (2) TIF # 11 — Consider amount of tax increment the City will spend off - site 2f e. Administration (1) 1998 Audit Report (2) Consider scheduling a joint meeting with St. Michael f <' So 6. ADJOURNMENT UPCOMING MEETINGSAMPORTANT DATES May 24 Regular Joint Powers Water Board 7:00 PM May 31 Memorial Day — Legal Holiday City Offices Closed June 7 Regular City Council Meeting June 9 Regular Planning & Zoning Meeting June 21 Regular City Council Meeting 7:00 PM 7:00 PM ►f AIII June 28 Regular Joint Powers Board 7:00 PM M ALBERTVILLE CITY COUNCIL May 3, 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, City Attorney Mike Couri, and City Engineer Peter Carlson Mayor Olson called the regular meeting of the Albertville City Council to order. Berning made a motion to adopt the agenda as presented. Gundersen seconded the motion. All voted aye. The minutes of the April 19, 1999, minutes were amended on Page 5 as follows: • Paragraph 1 is amended to read that staff would meet with representatives from the church. • Paragraph 3 is amended to read 2.5 acres. • Paragraph 5 is amended to state the City's authorization for the Joint Powers Board to condemn property is exclusive to the Psyk property the Board is attempting to purchase. Gundersen made a motion to approve the minutes as amended. Berning seconded the motion. All voted aye. The minutes of the April 22, 1999, special meeting were amended to state that Lyle Christianson and Marly Glines, developers of the Albertville Crossings development, were in attendance. Berning made a motion to approve the minutes as amended. Stalberger seconded the motion. Olson, Berning, Stalberger and Vetsch voted aye. Gundersen abstained. The motion carried. Mayor Olson asked if anyone present would like to address the Council under the Citizen Forum portion of the agenda. No one present wished to address the Council. Approval of Check # 11721 was removed from the consent agenda and placed for consideration under Administration item 4. Gundersen made a motion to approve Check #'s 11691 — 11720 and Check Ws 11722 — 11741 as presented. Vetsch seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL May 3, 1999 Page 2 of 5 Gundersen made a motion to adopt RESOLUTION #1999-16 titled A RESOLUTION APPROVING RENEWAL OF THE GAMBLING LICENSE FOR VOITURE 1281 MINNETONKA LA SOCIETE 40 HOMMES ET 8. Vetsch seconded the motion. All voted aye. Gundersen made a motion to approve the RIVERS OF HOPE PROCLAMATION. Vetsch seconded the motion. All voted aye. Gundersen made a motion to approve the request from the Friendly City Days Committee to close down certain streets over Friendly City Days. Vetsch seconded the motion. All voted aye. Mayor Olson opened the public hearing on the creation of TIF # 11. City Attorney Couri explained that Land of Lakes Tile Company is proposing to locate a large manufacturing facility on the property on 62nd Street and MacIver Avenue NE. The developers are requested TIF financing to defray land costs and the public improvements necessary. The TIF as proposed is a pay- as-you-go TIF, which means the City returns the increment collected from the taxes paid by the project and returns that payment to the developer to reimburse his costs. Couri further explained that the TIF would generate $390,299 in taxes in addition to the 10% local contribution to the project, for a total of $428,252. The City has the option of spending 20% of the increments generated, or about $78,000, for public projects. Mayor Olson called for comments from the public. There was none, and Gundersen made a motion to close the public hearing at 7:25 PM. Berning seconded the motion. All voted aye. Vetsch made a motion to adopt RESOLUTION #1999-19 titled RESOLUTION APPROVING MODIFIED DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 11. Berning seconded the motion. All voted aye. Z ALBERTVILLE CITY COUNCIL May 3, 1999 Page 3 of 5 The Council reviewed the Public Works Department Report. City Engineer Carlson recommended that the Public Works personnel place rip -rap on the south side of Barthel Industrial Drive where it continues to erode. Stalberger made a motion to accept the Public Works Department Report. Gundersen seconded the motion. All voted aye. The Council reviewed the Planning Commission's recommendations and staff reports on the GEM Business Park's request for a Comprehensive Plan amendment, a rezoning from B-3 to I-2, preliminary and final plat approval and three Conditional Use Permits. The Council also reviewed the proposed site plan for Land of Lakes Tile Company and considered a minor variance request from the right-of-way setback requirements. Berning made a motion to approve the Findings of Fact & Decision for the GEM Business Park, granting approval of the Comp Plan amendment, the rezoning to I-2, the preliminary and final plat, the site plan with the minor variance, and the Three Conditional Use Permits. Stalberger seconded the motion. All voted aye. Berning made a motion to adopt ORDINANCE #1999-3 titled AN ORDINANCE AMENDING THE ALBERTVILLE LAND USE PLAN AND ZONING ORDINANCE MAP TO BE IN COMPLIANCE WITH PLANS FOR THE ALBERTVILLE CROSSINGS AND LAND OF LAKES PROJECTS IN THE CITY. Stalberger seconded the motion. All voted aye. City Engineer Peter Carlson gave the Council an update on the costs for the 62°d Street Improvements. A public hearing will be conducted on May 17`'' to gather input from affected property owners. Carlson quickly reviewed the Feasibility Study for the County Road 19 improvements necessitated for the outlet mall and recommended the Council schedule a public hearing on the improvements. Gundersen made a motion to approve RESOLUTION #1999-17 titled RESOLUTION ACCEPTING FEASIBILITY STUDY AND CALLING FOR HEARING ON WRIGHT COUNTY HIGHWAY NO. 19 IMPROVEMENTS, setting the date for the public hearing on June 7, 1999, at 7:15 PM. Vetsch seconded the`motion. All voted aye. ALBERTVILLE CITY COUNCIL May 3, 1999 Page 4 of 5 Berning made a motion to authorize staff review the materials supplied in the low bid for the new fire hall and negotiate with the bidder as necessary. Gundersen seconded the motion. All voted aye. Since not all items can be completed in the Developer's Agreement for GEM Business Park, Stalberger made a motion to table the developer's agreement to the May 17'h meeting. Gundersen seconded the motion. All voted aye. Stalberger made a motion to approve a $75,000 revolving loan to GEM Development Company with the following terms: • Term of loan: 10 years • Interest rate: 0% for the first two years, 3% for the next three years, and 5% for the last five years • Security: Secured by a subordinated mortgage in the land and a subordinated UCC statement in the equipment. Also, guaranteed by the same person or persons who guarantee the Small Business Administration Loan which GEM has applied for. Vetsch seconded the motion. All voted aye. Vetsch made a motion to approve RESOLUTION #1999-18 titled SPONSORING UNIT OF GOVERNMENT RESOLUTION in support of GEM Development Company seeking a loan through CMIF. Berning seconded the motion. All voted aye. City Attorney Couri reviewed the issues raised by Pilot Land Development Company regarding development of the properties south of CSAH 118. Stalberger made a motion to table a decision on Pilot's request to expand the sewer benefit area to include those properties south of CSAH 118 until a later date. Berning seconded the motion. Stalberger, Berning, Vetsch and Olson voted aye. Gundersen voted no. The motion carried. Gundersen made a motion to deny the rebate requested by Pilot Land for costs associated with installing a three-phase power from CSAH 19 to serve the golf course pumps. Stalberger seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL May 3, 1999 Page 5 of 5 Vetsch made a motion to deny Pilot's request for a rebate of a portion of Pilot's costs for cleaning County Ditch 9. Berning seconded the motion. All voted aye. City Attorney Couri recommended the Council consider lowering the amount of surety required for the remaining gold course developments to 50%- 75%, based on Pilot Land's proven track record. Stalberger made a motion to lower the amount of surety required on the remaining golf course projects from 100% to 50%. Gundersen seconded the motion. All voted aye. City Administrator Goeb updated the Council on the outlet mall. The property sale was closed on April 23rd. The final plat is currently at the Wright County Government Center to get signatures and should be recorded within a day or two, along with the Developer's Agreement. The deed for the property to be given to the City will also be recorded at the same time. The Council reviewed the playground equipment proposed for Oakside Park. The Council directed the administrator to proceed with the design and equipment for Oakside Park. Gundersen made a motion to deny the request from Jones Intercable for a refund of a portion of their franchise fees paid in 1998. Stalberger seconded the motion. All voted aye. Berning made a motion to approve payment of Check # 11721 in the amount of $13.23 to the Minnesota UC Fund. Gundersen seconded the motion. All voted aye. Berning made a motion to adjourn at 9:40 PM. Gundersen seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, Administrator -Clerk czb ALBERTVILLE CITY COUNCIL BOARD OF REVIEW May 10,1999 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Duane Berning and Patti Stalberger, Administrator Linda Goeb, Wright County Assessor Gerald Kritzeck and City Assessor Greg Kramber Mayor Olson called the Board of Review meeting to order. Assessor Greg Kramber explained that residential land values in the City were increased about $1,000. Residential homes valuations were increased a minimum of 5%; commercial values were increased approximately 5%; and ag land values were increased to $8,000 per acre. John Rademacher, 5468 Lander Avenue NE (PID #101-027-003020) questioned why his house was valued at $147,700 and his land was valued at $25,300, for a total market value of $173,000. Assessor Kramber explained that the average residential lot in Albertville is now selling for over $30,000. Rademacher's house is large (approximately 1700 square feet of high quality materials, with many amenities, such as a large deck, gas fireplace, etc. Kramber feels the valuation of $147,700 on the house is fair. Gundersen made a motion to deny John Rademacher's request to lower the value on PID # 101-027-003020. Stalberger seconded the motion. All voted aye. Gundersen made a motion to adjourn the Board of Review meeting at 7:45 PM. Stalberger seconded the motion. All voted aye. John Olson, Mayor Linda Goeb, City Administrator t CLAIMS FOR PAYMENT #4Z May 17, 1999 Check No. Vendor Purpose Amount 11751 Action Radio Repair FD radios $ 10.00 11752 Affordable Sanitation Parks $ 215.70 11753 AirTouch Cellular PW Cell Phone $ 6.83 11754 Albertville Friendly City Days Donations & City Contribution $ 6,800.00 11755 Anoka Technical College House Burning $ 745.00 11756 Aramark Uniform Service $ 57.32 11757 Beacon Ballfields Striper & Paint $ 155.39 11758 CarQuest Monthly Charges $ 49.57 11759 Central Rivers Bulk Fertilizer $ 150.75 11760 Couri & MacArthur Legal Services $ 7,399.98 11761 D. C. Kasin, Inc. Return of duplicate license fee $ 45.00 11762 Dehmer Fire Protection Service Fire Extinguishers $ 64.03 11763 DJ's Monthly Charges $ 241.48 11764 Son's Auto Service Monthly Charges $ 249.79 11765 Emergency Apparatus FD Repairs $ 832.56 11766 Gopher State One Call Locates $ 234.50 11767 Granite Electronics Repair FD Pagers $ 78.20 11768 Heidi's Market FD Supplies $ 53.29 11769 K & S Engraving FD Name Tags $ 16.83 11770 Kennedy & Graven Legal Services $ 1,893.21 11771 KDV 1998 Audit Report $ 2,175.00 11772 Komarek, John Condemnation Commissioner $ 520.88 11773 Larson Publications April Legals $ 265.53 11774 LMC City Officials Directories $ 121.28 11775 Marion Rescue 1999 Rescue Van $ 161,949.00 11776 Menards Keystone $ 469.44 11777 Monticello Animal Control April Animal Control $ 108.00 11778 NSP Monthly Service $ 3,107.50 11779 Northern Tool & Equipment PW Supplies $ 120.28 11780 NAC, Inc. Planning Services $ 2,584.87 r 1 CLAIMS FOR PAYMENT May 17, 1999 11781 Pays 66 Monthly Charges 11782 Pitney Bowes Postage Ink Cartridges 11783 PSG May WWTF Operations 11784 San -Tom Enterprises 43 Hrs. Street Sweeping 11785 Scharber & Sons Parts - JD Lawn Mower 11786 Sentry Systems Park Shelter Alarm 11787 S.E.H. Engineering sErvices 11788 Springsted, Inc. TIF #7 11789 Superior Services April Garbage Service 11790 Weber Oil Diesel Fuel 11791 Wr. Co. Treasurer May Police 11792 Wright Recycling April Recycling 11793 Wright Title Guarantee Title Insurance/Abstract 11794 Wright Hennepin Greenhaven Street Lights Total Bills $ 294.59 $ 69.48 $ 8,157.83 $ 2,150.00 $ 164.89 $ 37.28 $ 65,554.99 $ 510.00 $ 116.27 $ 48.14 $ 8,942.50 $ 1,547.75 $ 475.75 $ 22.06 $ 278,812.74 hob Albertville wastewater Treatment Facility AQUA ALUANCE Monthly Operations Re vort Mash 1999 Project Manager Date: L&, q r i i------' �- -�-� ♦ � � �_ %. ..yam__ z �_�� Albertville met all of its NPDES permit mquirements for the mouth of Mare 1999. Average Whim now was 0.224 million gallons per day and average effluent biochemical oxygen demand was 11.0 mg/L Average effincnt total suspended solids was 9.5 mgg/L Effluent phosphorous averaged 0.4 mgfL Oft Converted chemical feed from ferric chloride back to alum for the warmer seasons. Ran required quality control / quality assurance samples (,mkwvns) for pjL Operations have ruined c6risislad. with very good effluent gaatity. A Canadian goose has been nesting on 5 eggs next to the Pond #2 effluent control structure Continue to work DJ's lift station. Increased sludge pump rate due to increased sludge production and blanlwt depth. Received new mechanical seal far Dial Park lift station pump: Imtalled seal and pressure checked. Installed pump and changed seal filter / seal water line. Put pump on -lip. Cleaned UV system twice in March, including the channel. Added additional plumbing lines to alum feed system Built stand / mount for alum feed pump. Replaced anti -siphon valve on ahnn feed line. Painted wing pit rack and feed pump stand Removed debris / blockage in alum feed lines. Inspected diaphragoi. New (additional) traffic safety cones and holder have been ordered for the project vehicles. Personal strobes for night work have been purchased for use by staff. Ordered new safety vests and coveralls for traffic work, as well. Regulatory Communications i r P Client / Pnblk Rdmfim are bang wed between PSG and City Ball. Reoavod OM&M award at the amnal MPCA wastewater Con%rence in Bloomington on March 17Ih Mayor Obx)% IiarOK and Kdly were prey to receive the award FbLudmis FMNMW report reflaxs ail activity m the budget year. IU financial report dam not reflect March bills land in April. NPDE.S DLqcbwp Monitoring Report DMR AddmduWs Client Status Report ALIAMTVILLE WWTF LOADINGS CwWact Vskm & Tdggm: Ava- 0.1580 LIM High- 0.189E MOD Lew. 0.1284 KM Cenbad Vakws 3 Triggers: Ave- 307 9 187 9 Hipp- 368 9 2249 LOW- 246 9 1500 Design: 0.3150 MOD 368 0 368 0 FLOW 12 mo % of TSS 12 rrro % of CSOD % or wrw w ww MGD ^ wwrr Design wr+rrw wr MOR ww wwr Ltrs. - Aug. wwwr www Deep r�rrwrr wr mgA w wwwr Lbe. wwur Aug. wwr Design 1995 .ion 0.151 384 483 240 302 rwwrrrr Feb 0.143 285 339 184 219 Mor 0.164 268 394 191 261 Apr 0.177 99 145 92 136 May 0.172 274 392 148 212 Jun 0.163 232 315 133 181 Jul 0.152 222 281 154 195 Aug 0.174 288 418 136 197 Sep 0.165 234 322 100 138 Od 0.161 294 395 122 164 Nov 0.163 78 106 68 92 Dec 0.156 405 527 234 304 1996 Jan 0.161 0.16211 51.01% 250 336 331 S.93% 175 235 195 52.87% Feb 0.15E 0.1636 52A1% 433 571 350 95.10% 178 235 196 5321% Mor 0.179 0.1651 5241% 312 408 3W 9&79% 221 330 202 54.73% Apr 0.188 0.1000 52.70% - 336 527 388 105.43% 131 205 207 56.36% Moir 0.198 0.1682 53.39% 388 641 409 111.05% 169 279 213 $7.87% Jon 0.203 0.1715 54A4% 354 599 432 117.48% 151 256 219 58A7% Jul 0.161 0.1723 54AM 248 333 437 118.86% 129 173 217 59.07% Aug 0.141 0.160 53.81% 558 658 458 124A4% 179 210 218 59.37% Sep 0.141 0.1675 53.17% 60 735 491 133.40% 145 171 221 60.11% Oct 0.163 M1677 5323% 274 372 40 132.89% 144 196 224 60.83% Nw 0.250 0.1749 55AM 244 509 523 142.01% 141 294 241 65.40% Dec 0.171 0.1762 55.93% 309 441 515 140AM 323 461 254 68.94% 1997 Jon 0.179 M1777 58L40% 432 645 50 147.00% 180 269 256 69.70% Feb 0.183 0.1796 5TA6% 225 343 522 141.92% 148 228 256 69.50% Mar 0.196 0.1813 57.57% 309 510 528 1422M 176 291 252 68.61% Apr 0.162 0.1792 58.88% 238 322 509 13827% 129 174 250 67.91% Mod 0.074 L16M 53.8E% 322 199 472 12LZM 160 99 235 63.82% June 0.137 Mon 51Jmm 24 27fi AIR 191 9"GL 140 ien - a - 1999 ad Now Dec Jan Feb Mr Apr moN June J* Aug SMA out NOW DOC Jan Fab Mr 0A93 0.1659 52AM 302 486 398 107.71% 0.182 0.1603 SCAM 395 699 404 109.77% 0.178 0.180E $1.06% 382 567 414 11263% 0.185 0.1613 51.22% 590 910 437 118.64% 0.200 0.102E $1.67% 524 874 481 130.65% 0.235 0.185E 5285% 361 708 467 135.12% 0.259 0.1739 5521% 301 650 525 142.58% 0.196 0.1841 58.44!% 602 984 580 100.35% 0.220 M1910 SCAM 270 495 608 16525% 0202 0.1955 82A8% 178 300 N8 162.54% 0.225 02019 64.10% 431 809 641 174.17% 0.221 02M 68.03% 378 697 673 182.98% 0.215 0208E 86.61% 276 495 674 183.10% 0.228 02137 67.833% 248 472 663 18026% 0.206 0.2160 68.57% 497 854 UT 186.76% 0.216 02186 69.39% 380 685 668 181.64% 0.220 02=1 69. 2% 540 991 678 184.29% 0.224 02193 69.63% 340 635 672 182.65% E :__ IrrBrrerrl Scar asBnraMd due to sister cut br replacarrrerrt. 152 147 221 245 148 209 193149 183 308 150 173 184 151 167 237 152 155 259 153 154 318 154 158 250 155 158 114 156 152 372 157 152 283 150 153 155 159 154 178 160 155 147 161 156 120 182 157 220 163 158 236 164 150 80.12% 56.81% 49.75% 47.07% 45.37% 4223% 41.75% 43.00% 42.91% 41.30% 41.17% 41.44% 41.71% 41.08% 42-29% 42.53% 42.80% 43.07% W a Vi d W 3 a �t otu ~'w z� L �$N g a 0 CO) (A, 0 2 W G U' R G O p o o _IL t�1 : t m � O0 � �• ~ W W � N U i flr\ h• O i s a �1 k 5P- A t, 12a4.2 j i� J!J11 CO W z U mp W lux —mad ggzo � a 8 M3 az 5.1�d! •cO1"`� 3 z W tC to iA d 0 4/6199 3:53:41 PM Mon W DWdurge Moriwft Report Abooft VWVTF 3J1/99 TO 313ING Pape 1 Date 1 L T& � T RIBA INS I EMFIow EGD E i MGD Dog PegOM � fTTMV 03/01/99 0.205 26 52 0.00 0.216 03102M 0.206 8 36 0.00 0.222 03103/99 0.206 6 36 0.00 8.06 0.217 7.09 3.0 03104M 0.226 18 24 0.00 0.232 03105M 0.178 12 32 0.00 0.205 03/06M 0.220 8 30 0.00 0.215 03/07/99 0.244 18 36 0.16 0.219 03/08M 0.222 22 28 0.45 0.280 03/09199 0.226 6 40 0.00 0.280 03110/99 0.195 2 38 0.00 0.250 03/11t99 0.237 2 48 0.00 0.277 03/12M 0.175 8 52 0.00 0.236 03/13199 0.179 8 58 0.00 0.246 03114M 0.271 20 54 0.00 0.200 03115199 0.221 20 48 0.00 0.298 03/16/9 0.230 32 54 0.00 0.241 03/17/99 0.235 22 38 0.00 8.37 0.243 7.36 3.4 03/1 e/99 0.234 18 44 0.00 0.242 03/19199 0.226 30 52 0.00 0.251 03/20i99 0.234 24 46 0.00 0.255 03121/99 0.251 18 46 0.00 0.217 03122M 0.230 22 50 0.00 0.237 03123J99 0.221 16 48 0.00 0.232 03/24199 0.229 14 44 0.00 0.233 03/25/99 0.223 22 55 0.00 0.230 03/26/89 0.214 30 57 0.00 0.231 03127199 0.273 33 80 0.82 0.275 OWN 0.224 28 48 0.00 0.241 03/29/99 0.235 38 58 0.00 0.264' 03/30/99 0.244 52 72 0.00 0.266 03131/99 0.218 42 70 0.00 0.272 Average 0.224 20 47 0.05 8.22 0.244 7.23 3.2 Total 6.930 625 1,454 1.43 16.43 7.563 14.45 6.4 Mi *mn 0.175 2 24 0.00 8.06 0.205 7.09 3.0 Ma)dnm 0.273 52 72 0.82 8.37 0.298 7.36 3.4 t 4/6/99 3.53:42 PM Madtdy Discharge Monitoring Report Page 2 Abwtvfe WWTF 311/90 TO 3131/99 Date Efl DO Eff Fecal Int BOD Inf TSS Efl BOO MOD Ld ER TSS EfF TSS Ld MgA No/100m1 MG/L MG/L MG/L ! k d MG/L k d 03/01/99 03/0?f99 03/03199 12.35 03/04/99 20 180.0 452 6.0 4.3 14.0 12.3 03/06M 03/06/99 03107199 03/08M 03109M 03/10/99 03111199 03/12/99 03/13199 03114/W 03/15199 03116M 03/17199 10.43 03118M 50 292.0 228 17.0 15.0 5.0 4.6 03/19= 03120/99 03/21/99 03/22/99 03J23189 03/24/99 03/25/99 03/26i99 03/27/99 03/29M 03/29199 OW30M 03131199 Average 11.39 35 236.0 340 11.0 9.7 9.5 8.4 Total 22.78 70 472.0 680 22.0 19.3 19.0 16.9 Min 10.43 20 180.0 228 5.0 4.3 5.0 4.6 Ma)anrim 12.35 50 292.0 452 17.0 15.0 14.0 12.3 .3. i 4/6/99 3:53:42 PM MMW MsdmW Mon Eft Repoli Page 3 Awe VVVVTF 3Mf99 TO 3/31199 Date Eff Tot. P Eff P Ld TSS Rem BOD Rem MG/L k d sk 96 03/Otloo 03102199 03/03/99 03/0410 0.1 0.1 96.6 97.2 03/05l99 03AW99 03/07/99 03/08/99 03/09199 03/10/99 03/11/99 03112/0 03113199 0Y14IN 03M 5/99 03/16/M9 03/17/99 03/18/99 0.7 0.6 97.7 94.2 03119/99 03/20199 03/21/89 03/22/99 03/23/99 03/24199 03125/99 039 03127/99 03/28f99 03/29MO 03/30/99 03131/99 Average 0.4 0.4 97.3 95.7 Total 0.8 0.7 194.6 191.4 Mk*mffn 0.1 0.1 96.8 94.2 Ma)drT m 0.7 0.6 97.7 97.2 t t 418M 4:04:15 PM :1 Pond Obumdlon-ReW Abertvft VW frF 3l1199 70 3131109 Data P1 Odors I P1 Aq PI I Pt Mats I P1 Depth P1 Rodents I P1 Dike Co I Pt Ice Cov I P1 Area lyes / 2no % covers % cw4amSe Ft I lyes / 2no 1-5 % coverage acres 03/03M 2 0 0 6.30 2 5 25 6 03/10/99 2 0 0 8.38 2 5 70 6 03117/99 2 0 0 6.36 2 5 0 6 03124M 2 0 0 6.36 2 5 0 6 03/31/99 2 0 0 6.30 2 5 0 6 Average 2 0 0 6.38 2 5 19 6 4/6/99 4:04:16 PM Pond Observation Report Page 2 Albotvle VVWTF 311/99 TO 3/31199 Date P2 Odors P2 Aq PI P2 Mats P2 Depth . P2 Rodents i P2 Dice Co P2 Ice Cov P2 Area 1 lyes / 2no % coverage % coverage Ft lyes / 2no I 1-5(good) % coverage acres 03/03/99 2 0 0 6.34 2 5 96 6 03110/99 2 0 0 6.33 2 5 90 6 03/17/99 2 0 0 6.30 2 5 94 6 03/24/99 2 0 0 6.30 2 5 50 6 03/31/99 2 0 0 6.32 2 5 0 6 Average 2 0 0 6.32 2 5 66 6 4/6/99 4:04:16 PM Pond Observation Report AftwtvRe VWWHTTF Page 3 W1/99 TO Y31/99 Date P3 Odors P3 Aq PI P3 Mats P3 Depth P3 Rodents P3 Dike Co P3 Ice Cov P3 Area 1 / 2no % covera % coven Ft 1 / 2no 1-5 %covinge res 03103/99 2 0 0 0.28 2 5 100 6 03/10/99 2 0 0 8.31 2 5 100 6 03117/99 2 0 0 6.28 2 5 100 6 03/24199 2 0 0 6.27 2 5 100 6 03/31/99 2 0 0 6.26 2 5 0 6 Avenge f 1 2 0 0 6.28 2 5 80 6 AEGIS ICR109PSG PROFESSIONAL SERVICES GROUP, INC. DATE 04/03/9f PAG9 1 M 0 N T N L Y CLIENT REPORT TIME 4:01PR THROUGH PERIOD 05-99, ENDING 03/26/99 , PROJECT MGR: (KLB) KELLY BROWNING DISTRICT MGR: tMiB PEG BECKER Contract: C8241 ALBERTVILLE REGIONAL MGR: MAC BILL COLEMAN Start Date: 01/01/98 End Date: 12/31/98 PROJECT MGR: KLB KELLY BROWNING TOTAL ------= CURRENT PERIOD ==-- - ==-=-= PROJECT TO DATE _ -= BUDGET ACTUAL BUDGETED VARIANCE ACTUAL BUDGETED VARIANCE Labor and Benefits 28.009 0 0 0 28,642 28,009 (633) Electricity 111683 0 0 0 13,097 11,683 (11414) Other Utilities 21190 0 0 0 11315 2,190 014 - Chemicals 12,414 (11401) 0 1,481 15,309 12,414 (2,095) Maintenance and Repairs 828 0 0 0 843 828 (15) Equipment Rental 0 0 0 0 759 0 (759) Outside Services 4,325 0 0 0 41936 4,325 (611) Travel and Meats 744 0 0 0 0 744 744 All Other T,554 0 0 0 4,448 7,554 31105 Allocations and Scope Adjustments 2,700 0 0 0 2,883 2,700 (183) Overhead 0 0 0 0 0 0 0 TOTAL DIRECT COST 70,447 (1,481) 0 1,481 72,297 70,447 (1,850) BASE FEE 22,247 0 0 0 22,247 22,241 0 TOTAL CONTRACT 92,094 (1,481) 0 1,481 94,544 92,694 (11850) .mo---- AEGIS #CR109PSG PROFESSIONAL SERVICES GROUP, INC. DATE 04/03/99 PAGE' 2. MONTHLY CLIENT REPORT TIME 4:01PM TNROUGN PERIOD 05-99, ENDING 03/26/99 PROJECT MGR: (KLB) KELLY BROWNING DISTRICT MGR: 10I11 PEG BECKER Contract: C9241 ALBERTVILLE REGIONAL MGR: MAC BILL COLEMAN Start Date: 01/01/99 End Date: 12/31/99 PROJECT MGR: KL8 KELLY BROWNING TOTAL ------= CURRENT PERIOD =------ ---- = PROJECT TO DATE ------- BUDGET ACTUAL BUDGETED VARIANCE ACTUAL BUDGETED VARIANCE Labor and Benefits 30,246 3,135 21353 (782) 9,524 7,059 (2,465) Electricity 11,603 1,354 1,135 (219) 4,221 3,205 (11016) Other Utilities 2,.190 0 600 600 1,032 1,200 101 Chemicals 12,414 1,481 1,400 (81) 0,050 4,828 (2,030) Maintenance and Repairs 828 22 69 46 438 207 (231) Equipment Rental 1,011 140 84 (50) 313 252 (61) Outside Services 6,103 315 519 143 883 1,495 oil Travel and Meals 744 56 62 5 111 188 14 All Other 5,920 773 493 (280) 1,616 1,479 (137) Allocations and Scope Adjustments 1,195 225 100 (125) 775 300 (475) Overhead 0 0 0 0 0 0 0 TOTAL DIRECT COST 72,334 7,505 6,815 (750) 25,834 20,211 (5,623) BASE FEE 21,540 1,795 1,795 0 5,385 5,385 0 TOTAL CONTRACT 93,874 9,300 8,610 (750) 31,219 25,596 (5,623) .16 #CR109PSG PROFESSIONAL SERVICES GROUP, INC. DATE 04/03/99 AGE 3 M 0 1 T N L Y CLIENT REPORT TIME 4:01PN THROUGH PERIOD 05-99, ENDING 03/26/99 PROJECT NGR: (KLB) KELLY BROMNING DISTRICT MGR: 06 PEG BECKER Contract: C9241R ALBERTVILLE RAR REGIONAL W: MAC BILL COLEMAN Start Date: 01/01/99 End Date: 12/31/99 PROJECT IN: KLB KELLY BROMNING TOTAL ------= CURRENT PERIOD =----== ----== PROJECT TO DATE == ----- BUDGET ACTUAL BUDGETED VARIANCE ACTUAL BUDGETED VARIANCE Maintenance and Repairs 41020 605 335 (270) 1,549 1,005 (544) Overhead 0 0 0 0 0 0 0 TOTAL DIRECT COST 41020 605 335 (270) 1,549 11005 (544) BASE FEE 0 0 0 0 0 0 0 TOTAL CONTRACT 4,020 605 335 (270) 1,549 11005 (544) #4z Amendment Two to the Agreement for Operations, Maintenance and Management Services THIS AGREEMENT is entered into this day of 1999, by and between The City of Albertville, with its principal address at 5975 Main Avenue N.E., Albertville, Minnesota 55301 (hereinafter "CITY"). and Professional Services Group, Inc., with its principal address at 14950 Heathrow Forest Parkway, Suite 200, Houston, TX 77032-3842 (hereafter ` PSG-). WHEREAS, CITY and PSG entered into that certain Agreement for Operations, Maintenance and Management ("OM&M") services dated January 2, 1996 (the "Agreement'), and WHEREAS, CITY and PSG entered into that certain Amendment to the Operation, Maintenance and Management Services dated August 28, 1998 "(Amendment One"); and, WHEREAS, the parties now desire to modify selective portions of the Agreement to add the OM&M of the water distribution system, as set forth herein, NOW TFIEREFORE, in mutual consideration herein described and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Article 2, Scope of Services - PSG, shall be amended by adding the following: 2.19 Within the design capacity and capabilities of the CITY's water distribution system as described in Exhibit B, PSG shall provide for the operations and/or maintenance of the CITY's water distribution system, including performing meter readings and collections, Repairs and replacements (subject to Section 2.20), distribution system locates (not to exceed 1,500 locates per Agreement Year), attend locate meetings and pre -construction meetings, repair or replace curb stops (subject to Section' 2.20), and effectuate water shut -offs and turn-ons. For purposes herein, an Agreement Year shall be defined as January 1 through December 3 L 2.20 Subject to the availability of funds within the Maintenance and Repair Limit, PSG will perform all Maintenance and Repairs for the Water distribution system, and submit a monthly accounting to CITY, along with a detailed invoice, if Maintenance and Repair expenditures exceed the Maintenance and Repair Limits specified in City of Albertville Amendment Two Page No.1 El 3. H Section 4. 1. The Maintenance and Repair obligations set forth in this Section 2.20 shall specifically exclude any necessary Y2K remediation services, which shall be the sole responsibility of the CITY. 2.21 During the term of this Agreement, PSG will use reasonable efforts to ensure that any new PC materials, equipment or systems purchased or installed by PSG will comply with Year 2000-standards in relation to feature or function. PSG makes no warranty or representation to the suitability, merchantability or fitness for a particular purpose of any materials, equipment or systems purchased or installed by PSG, the same being expressly denied. PSG shall not be responsible for bringing the existing Project into compliance with Year 2000 standards. Under no circumstances shall PSG be liable for any damages of any kind suffered by the CITY as a result of any Year 2000-related error, regardless of fault. Article 4, CymtgnsatiM Section 4. 1, shall be deleted in its entirety and replaced with the following: 4.1 PSGs compensation under this Agreement shall consist of Annual Fee(s) in the amounts set forth below: During the period January 1, 1999 through December 31, 1999, PSG's Annual Fee for water services shall be $79,681, with such services to begin June 1, 1999. The Maintenance and Repair Limit for water services during this same period shall be $19,000. During the period January 1, 1999 through December 3,1, 1999, PSG's Annual Fee for wastewater services shall be $97,894, with such services to begin June 1, 1999. The Maintenance and Repair Limit for wastewater services during this same period shall be $4,020. Article 4, Compensation, Section 4.2, shall be deleted in its entirety and replaced with the following: 4.2 If actual Maintenance and Repair expenditures are less than the applicable Maintenance and Repair Limit for any Agreement year, PSG will rebate the entire difference to CITY in accordance with Section 5.2. If actual Maintenance and Repair expenditures exceed the applicable Maintenance and Repair Limit, CITY will pay the excess to PSG in accordance with Section 5.2. PSG will notify CITY when actual Maintenance and Repair expenditures equal eighty percent (801/6) of the applicable Maintenance and Repair Limit. Appendix B, Description of Project. shall be amended by adding the following: City of Albertville Amendment Two Page No. 2 F 0 C. Not to exceed 190 hydrants, 200 gate valves, and 900 curb stops in service on the effective date of this Agreement. 5. This Amendment shall take effect upon the date entered above, unless otherwise provided for herein. 6. All terms of the Agreement not specifically amended or modified by this instrument shall remain unmodified and in full force and effect. IN WIINESS WBEREOF, this Amendment Number Two, has been duly executed by the parties hereto. CITY OF ALBERTVILLE PROFESSIONAL SERVICES GROUP, INC. By: Name. Title: Date: City of Albeitville Amendment Two By: Name: Title: Date: Page No. 3 CITY OF ALBERTVILLE FINANCIAL STATEMENT April 1- April 30,1999 Beginning Cash Balance March 31,1999 Income: Building Permits 48,906.81 Business Licenses 1,060.00 Donations 1,500.00 Interest 423.19 Lease Payment 950.00 Liquor Licenses 4,800.00 Loan Repayment 689.06 Meter Sale 900.00 Park Dedication Fees 16,900.00 Park Rent 75.00 Planning Fees 400.00 PID/Legal 110.00 Title Search 160.00 Utility Bills 167.60 WAC Fees 11,700.00 Miscellaneous 298.75 Total Income 89,040.41 Expenses: Check #'s 11605 - 11641 52,261.08 (Approved 4/5/99) Check #'s 11651-11673 62,101.16 (Approved 4/ 19/99) Preapproved Checks 10,716.98 Total Expenses 1259079.22 Ending Cash Balance April 30,1999 fat $3529628.75 $316,589.94 INVESTMENTS CD #9226 — Development Corporation — matures 5/23/99 CD #300373 — (AFD) matures 7/l/99 CD #22202 matures 4/7/00 @ 5.15% Dain Bosworth Investments (4/30/99) TOTAL INVESTMENTS Money Market Savings Account (4/30/99) 7,985.46 21,364.96 626,616.61 1,323,078.50 $1,979,045.53 493,699.19 CITY OF ALBERTVIIIZ COUNTY OF WRIGST STATE OF MINNEStYrA RESOLUTION # 1"9-20 RESOLUTION ACCEPTING PETITION TO CONSTRUCT 62aMEET DDROVEMENTS VAHMM dw Albwiville City Cecil has received a petition: from abutting landowam reque*ding that the City nuprove 6e Street N.E. within the City of A evil ' ing the insWbdm of water main, sanitary sewer, curb and guaw, and Wurninous p+and 'WMWAS, the Abab lle City Clerk has determined that said petition hu been signedibytoared=35%of6ekindowners 6e Stet N.E.; NOW, 'I' BEFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVWRIGHT COUNTY, MiINNESOTA: I. "Ihe City of Albertville hereby accepts said requesting &e of 62 Street N.E., wid& the City of AlbaWft including 6 msWWon of wsW maim, unitray wwer, curb and gutter and bituminous pwement 2. The CLy of Alwtville hmby detennines that said petition has been signed bpy more lien 35% of the larders Wxmiag 6e Street N.E. ADoFmi3yTjiEcny COUNCIL OF THE C1TY OF ALBERTvi LLE Tins 176 DAY OF MAY91999. JbIm Olson, Maw ATTEST: Linda Goebj City'Clerk CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF M [NNESOTA RESOLUTION # 1999-21 RESOLUTION ACCFJvMG AMENDED FEASIBELITY STUDY V41EREAS, the Albertville City Council � received a feas�ility Paidbyb the City Engineer related to the cat to improve 62 Sftet N.E. widin the City of A%atvW m the installation of water mam, sanary sewer, cab and Sutter, and bw minus and WHEREAS, the Albertville, City Council has tequ+ested that the City Engineer fimsdgft tine cost of extending pavcmeK curb and gum along Maelm Ave ow, and WHEREAS, the City Fmgbvw has pmpared an amended feasibility stay estimadng &C cots to mpxm 62ad Sftet N.E. and MacIver Avenue; NOW, THEREF+(iPE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: 1. The Engineces feasz'bility study is hereby received and accepted by the Albertville City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE TES 17' DAY OF MAY",19999. John 01son, Mayor ATTEST. Linda Goeb, City Clerk C.iTT OF ALBERTVILlLE COUNTY OF WRGST STATE OF hUNNESOTA RESOLUTION # 1999-22 RESOLUTION ORDERING 62" STREET EV PROVEMF.NTS WHMMA.% dw Albaftille City Council has mcdved a petitim fio m aboUing landowsm It Wedw than 35% of the*Ming ku&wnm mpoting that du C Y improve 6e afted NX wAm the City of Albartville, `mckdmg &e ma0ation. of water ` say Lfty www, curb and , ad bominou pawnient, and WBEREAS, t&- Almu! +e City Council has held a duly noficed public hesdag -to ccnr isand improv ' NOW, I EFf R% BE 1T RESOLVED BY THE CM COUNCIL, OF THE CITY OF ALDERTMIX WWGHT COUNTY, MINNESOTA: 1. The following as are hereby %Vroved and AO-14 2. IU City &&m is hmeby mgwested to prcp= plans and spec ficsticnns for malting of such HUFMVW ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 17th DAY OF ik Y,1999. ` John Olson, Mayor f ATiEST: Lmda Goeb, City Clerk I � + City Of Albertviffe TO: Mayor and City Council FROM: Tim Guimont, Public Works DATE: May 13, 1999 SUBJECT: PUBLIC WORKS DEPARTMENT REPORT (0a(l) • Cif# Ugll As you can see we landscaped the south side of City Hall. The total cost was 638.17. We could do more if the Council wishes to spend the money. • Snowtalawing We looiwd at a used truck from the City of Rockford. It is a 1979 International with a diesel engine. It has 4,500 on a new engine, plow - wing and sander. It has had several other repairs including new box hoist arm, new clutch, new starter, two new batteries, new rear end at a cost of over $9,000. They would sell this truck to us for $7,500. We would like to buy this truck and hopefully make use of it until we could buy a new one. The truck that Rockford is buying to replace this one is costing just over $100,000. • Paris We have been toying to keep them mowed in-between rains. We are going to spray for weeds as soon as the weather allows. • Salt S ed I have re ocived bids for a 24' x 2V lean to shed. I will be at the meeting to discuss. TG:bmm C." DOMMOVAwwAy MrAd 5-13w"Aw ■ CITY OF ALBERTVH LE CONDITIONAL USEJDEVELOPER'S AGREEMENT Gem Business Park THIS AGREEMENT, entered into this day of 1999 by between Gem Development Company, LLC, collectively refereed to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; NVITNESSETH: WHEREAS, Developer is the fee owner and developer of the real properly described in Exhibit A, attached hereto and incorporated herein by reference, which real properly is proposed to be subdivided and platted for development; and which subdivision, which is the subject of this Agreement is intended to bear the name "Gem Business Park" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Pry; and WHEREAS, the City has given preliminary approval of Developer's plat of Gem Business Park 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 bituminous street, curb and gutter, grading, and municipal water (hereafter "Municipal Improvements") be installed to serve the Subject Property and other properties affected by the development of Developer's land, to be installed by the City and paid for by Developer; and WHEREAS, the City further requires that certain on and off -site improvements be installed by the Developer within Said Plat; which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot; drainage swales, on -site ponding, street cleanup during project development, erosion ` 1 . C � a 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 covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Construction of Municipal Improvements. A. The Developer has petitioned the City to install a municipal water line and pave Vd Street As a condition of its approval of Said Plat, the City requires the installation of the Municipal Improvements as detailed in the Feasibility Study for 62nd Street, dated as prepared by SEH-RCM, Inc. and on file with the City Clerk, and as set out in that City Council resolution ordering said improvements, said improvements to include installation of bituminous street, curb and gutter, and water main. The City shall install. said Municipal Improvements and specially' assess the cost of said Municipal Improvements to Developer along the abutting frontage of Developer. Developer has agreed to be assessed for the cost of said Municipal Improvements (except for the cost of , which shall not be assessed to Developer), and has agreed to waive the right to appeal said assessment to the Wright County District Court pursuant to Minn. Stat. § 4J.� 429.081. r�f�4 `S. B. .The: City shall 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. 2. Construction of On- and Off -Site Improvements. A. Developer shall construct all on and off -site improvements including installation of boulevards, street signs, traffic signs, yard top soil, sod or seed in all yards, grading control per lot; bituminous or concrete driveways and parking lots, ponding, drainage swales, and like items as necessary, street cleanup during project development, erosion control, all as required by City ordinance. Said on- and off -site improvements shall be installed no later than October 31, 2000, with the exception of erosion control and ponding, which 2 a ( � B. W Q F. shall be installed upon initial grading of Said Plat Developer shall, at its own expense, cause the following items to be installed within the development; all such items to be installed under ground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Northern States Power or other such cannier, iL 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 cannier; Developer has submitted a utility plan for Said Plat showingall existing and proposed utility lines and easements, attached and incorporated herein as Exhibit B. Developer agrees to have all utilities installed according to this Exhibit B. Notwithstanding the requirements of subparagraph 2A above, the Developer shall install to the City's satisfaction said on- and off -site improvements prior to the issuance of a certificate of occupancy (temporary or permanent) by the City for a building located on the lot In the event the certificate of occupancy is issued after October 1st and before March 30th in any given year, said on and off site improvements shall be so completed by the following June 15th. Developer shall install storm water retention/water quality ponds and basins upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit C. Said ponds and basins shall be maintained in good working order by Developer. Said retention ponds and basins shall be installed prior to the installation of utilities. 3. Use of Property, Developer's use of Said Plat shall be consistent with the following restrictions, which shall be effective until further modified or amended by rezoning or t 3 other amendment of the conditional use permit by the City Council: A. The Developer is hereby granter a conditional use permit to operate the use of wholesale and retail sales within an industrial zoning district, provided that such wholesaletretail sales area not occupy more than %% of the gross floor area of the building to be constructed on Said Plata B. The Developer is hereby granter a conditional use permit to develop the site with less than the required number of parking spaces, provided that Developer constructs 42 parking spaces and provided Developer shall construct additional parking spaces in the futtne (up to an additional 41 spaces) if the City Council finds that parking spaces in excess of the 42 required herein are warranted. . C. The Developer is hereby granted a conditional use permit to develop and operate an industrial use within the Shoreland Overlay District, provided said use remains substantially similar to that use applied for by Developer herewith, and provided that the impervious surface at site does not exceed 25% of the site area D. The Developer is hereby granted a minor setback variance to allow for a 15 foot setback along MacIver Avenue. 4. Surety Requirements. The City shall not require the Developer to post a surety with the development of Said Plat In lieu of posting a surety, Developer hereby agrees that the City may withhold any Tax Increment proceeds from Developer until said default is cured. Developer agrees to allow the City to offset against any Tax Increment due to Developer any and all costs insured by the City in enforcing any of the terms of this agreement should Developer fail to pay said costs within 30 days of mailing of written request for payment by the City. 5. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of thin Agreement; preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases 4 substantial field work for more than nine (9) months, fails to provide sufficient ground - cover to prevent continuing soil erosion from the Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat In the event that said costs are not paid, the City may withdraw fiords from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. 6. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from Tax Increment proceeds otherwise due to Developer. Developer has the right to request time sheets or work records to verify said billing prior to payment. 7. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the attached Exhibit C. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect 8. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume hill financial responsibility for any damage which may occur to public property including but not limited to streets, street sub -base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. In the event the Developer fails to clean up, maintain or repair the damaged public property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer shadhave, ten (10) days from the date of mailing of such notice to effect such clean up, repair or maintenance of 5 d 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 muy 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 taken from the Tax Increment otherwise due the Developer and/or specially assessed against any or all lots within Said Plat. 9. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 10. Mseellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for compl& and all work shall be done at Developer's expense. ' B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties during construction of improvements on Said Plat 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 tide to the property. After the Developer has completed all work and obligations required of it under this Contract (including the expiration of the warranty 6 F. a L J. K. Period). at the Developer's request; the City will execute and deliver to the Developer a release of its obligations under this Agreement, except for those obligations which are continuing in nature. 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 environinental regulations. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work m the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the City of Albertville and/or any applicable provisions of State and Federal law. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it fords to be in the best interests of the public health, safety and welfare. 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 apprbved by the Building Inspector or a professional soils engineer. 1. 11. Violation of Agreement. 7 A. B. 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 complete some or all of the Developer's obligations under this Agreement; and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this agreement and/or reimburse itself from Tax Increment proceeds otherwise due to Developer. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 12. Dedications to the City. A. Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for Said Plat, Developer shall pay the City a cash payment totaling $16,750, consisting of 5% of the value of the land as platted, which both parties agree is valued at $335,000.00 at the time of platting. All such park dedication fees shall be paid prior to release of Said Plat by the City.' B. Developer acknowledges that the City will charge Developer $1,000 per acre as a trunk water line charge (in addition to the lateral: water line special assessment being proposed). Said Plat consists of 6.96 acres. Developer agrees to pay $6,960 in satisfaction of said trunk water line charge. 13. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive 8 Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 14.Indemnity, Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustamed pr costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 15. Assignment of Contract. The obligations of the Developer under this Contract cannot be assigned without the a qwm written consent of the City Council through Council resolution: 16. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 17. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. 18. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise wed in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated 19. Integration Clause, Modification by Written Agreement Only, This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or sWernent(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 20. Notification Information. Any notices to the parties herein shallpem writing, delivered by hand (to the City Clerk for the City) or registered mailaddressed as follows to the following parties: City of Albertville ` 9 c% City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (612) 497-3384 Gem Development Company, LLC. 21. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE,' By Its Mayor By Its Clerk GEM DEVELOPMENT COMPANY, LLC By Its 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 MINNESOTA ) 10 ) ss• COUNTY OF WRIGHT ) The foregoing instrument 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 of Gem Development Company, LLC