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1999-07-06 CC Packeti 1 1 ALBERTVILLE CITY COUNCIL AGENDA July 6, 1999 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES • June 21, 1999, regular City Council Meeting 3. CITIZEN FORUM - (10 Minute Limit) 4. CONSENT AGENDA (a) Approve payment of Check #'s 11908 -11941 (b) Approve 2000 Assessment Contract with Wright County (c) Approve request from St. Albert's Parish to use picnic tables, "No Parking" signs and stock tank for the Parish Festival on July 19th (d) WWTF Monthly Operations Report (May 1999) (e) Engineer's Report on Greenhaven Drainage Project (f) Resolution # 1999-29 (A Resolution Approving Renewal of the Gamlbing License for the Albertville Lions at the 152 Club) (g) Resolution #1999-30 (A Resolution Approving an Off -Site Charitable Gambling License for the Albertville Lions at the Longshot Bar & Grill) 5. DEPARTMENT BUSINESS a. P a W, 9 r19 • Report b. Planning & Zoning (1) Parkview Place, 2nd Addition (2) Concept Plan for properties south of CSAH 18 c. Engineering 0 Project Updates t 7 d. Legal • None e. Administration (1) Safe Communities of Wright County presentation (2) Letter from Robert & Peggy Harlander regarding placement of street light (3) Consider scheduling a joint Council meeting with City of Otsego to discuss sewer service (4) Consider scheduling a preliminary budget meeting 6. ADJOURNMENT ALBERTVILLE CITY COUNCIL June 21, 1999 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, 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: • Delete Item 5(d) - Update on Condemnation hearings • Add Item 5c(4) - Greenhaven Ditch restoration • Add Item 5e(1) — Ice Arena Board Report Stalberger made a motion to approve the agenda as amended. Gundersen seconded the motion. All voted aye. The minutes of the June 7, 1999, meeting were amended on Page 3, Paragraph 3 by deleting the words "as needed" on a motion by Gundersen, seconded by Stalberger. All voted aye. The minutes were also amended on Page 4, Paragraph 5 to read "City Engineer Carlson.. ". Gundersen made a motion to approve the minutes of the June 7`h meeting as amended. Stalberger seconded the motion. All voted aye. Mayor Olson asked if anyone present wished to address the Council under the Citizen Forum portion of the agenda. No one addressed the Council. Gundersen made a motion to approve payment of Check #'s 11864 — 11888 as presented. Stalberger seconded the motion. All voted aye. Gundersen made a motion to approve the Financial Statement for the month of May 1999. Stalberger seconded the motion. All voted aye. Gundersen made a motion to approve the 3.2 Malt Liquor License for the St. Albert's Parish at the Parish Hall on July 19, 1999. Stalberger seconded the motion. All voted aye. Gundersen made a motion to approve the City's membership in the Cooperative Purchasing Venture through Wright County at a cost of $30. Stalberger seconded the motion: All voted aye. ALBERTVILLE CITY COUNCIL June 21, 1999 Page 2 of 3 Gundersen made a motion to approve a reduction in the Letter of Credit for Center Oaks 2nd and 3rd Additions to $115,000. Stalberger seconded the motion. All voted aye. Gundersen made a motion to approve a reduction in the Letter of Credit for Karston Cove Addition to $70,000. Stalberger seconded the motion. All voted aye. Gundersen made a motion to schedule a public hearing for the Outlet Mall assessments on July 19, 1999, at 7:15 PM. Stalberger seconded the motion. All voted aye. Vetsch made a motion to accept the Public Works Department Report. Gundersen seconded the motion. All voted aye. The Council reviewed the Conditional Use Permit request for Todd Kasper to allow him to construct an unattached garage on his property. Zoning Administrator Kevin Mealhouse listed conditions upon which approval should be granted and the Planning Commission has recommended the CUP be granted contingent upon Kasper meeting all conditions listed in Mealhouse's findings. Stalberger made a motion to grant a Conditional Use Permit to Todd Kasper, contingent upon his meeting all requirements detailed in Zoning Administrator's memo. Gundersen seconded the motion. All voted aye. Kevin Conway, representing both the current owners and the potential developer of the properties south of CSAH 18, presented a concept plan for those properties. The concept requires a PUD zoning due to several unique problems with the property --a 240' NSP easement, a 75' Amoco easement, County Ditch 9, and acres of wetlands. The concept plan proposes a total of 358 single family lots, of which 275 lots are 89 feet in width or less with a minimum lot area of 12,500 square feet. Conway asked for feedback from the Council regarding this concept plan. Gundersen and Stalberger both felt that too many of the lots were too narrow. Vetsch was concerned that the smaller lot widths would prohibit homes with three -car garages to be constructed, as well as prohibits side additions, such a three season porch or deck. ` ALBERTVILLE CITY COUNCIL June 21,1999 Page 3 of 3 City Engineer Carlson presented the plans and specs for the 62nd Street Improvement Project. Gundersen made a motion to adopt RESOLUTION #1999-28 titled RESOLUTION- APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS. Vetsch seconded the motion. All voted aye. Carlson reported a break in the piping going under MacKenzie Avenue NE. Carlson recommends that the pipe be replaced at a estimated cost of $3,000, but stated that the City could attempt to repair the end of the pipe only at a estimated cost of $1,00041,500. Carlson further explained that he would keep his eye on the situation and will notify the Council if the problem gets worse. Carlson updated the Council on the progress on the 57d' Street Project. The Council directed Carlson to prepare a written report on the Greenhaven Ditch restoration to present at the next Council meeting. Councilmember Vetsch gave a report on the Ice Arena Board meeting. The Board has indicated their willingness to participate in the costs of constructing a 75 stall parking lot to be shared by the arena and City Park patrons. The Council asked Carlson to get a cost estimate on a 75 stall parking lot. Gundersen made a motion to adjourn at 8:00 PM. Stalberger seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, City Administrator t CLAIMS FOR PAYMENT July 6.1999 Check No. Vendor Purpose 11908 Action Radio FD Radio - Lions Donation 11909 Air Touch Cellular FD Cell Phone 11910 Alex Air Apparatus LDV Covers 11911 Bruns, Dwayne Condemnation Commissioner 11912 Couri & MacArthur Legal Services 11913 Danko Emergency Equipment FD Suspenders 11914 Delta Dental July Group Insurance 11915 Diversified Inspections Inspections 11916 DJ's Heating & A/C Cages for Parts lights 11917 Don's Auto Service Monthly Charges 11918 Farrell, John C. Condemnation Commissioner 11919 Fehn Gravel & Excavating Payment #2 - 57th Street 11920 First Nat'l Bank of ER 1992 GO Improvement Bond 11921 Firstar Trust 1988 Adv. Ref Bond 11922 Highland Bank 1992 GO Improvement Bond 11923 Komarek, John Condemnation Commissioner 11924 Laerdal Medical Corp. FD Medical Supplies 11925 Lyle H. Nagel, Inc. Condemnation Hearing 11926 Medica July Group Insurance 11927 Menards Keystone for City Hall 11928 Miller, Bridget Reimburse for supplies 11929 Minnegasco Monthly Service 11930 MN Dept. of Revenue June State Taxes 11931 NCPERS Group Life Ins. Payroll Deduction 11932 Office Max Office Supplies 11933 Omann Brothers, Inc. Payment #1 - Oakside Park 11934 Piepkom, Lee Recycle Fluorescent Bulbs 11935 Printing Systems Utility Billing Cards 11936 Rockford State Bank 1992 GO Improvement Bond 11937 Rockford, City of 1979 International Dump Truck Amount $ 2,176.90 $ 5.59 $ 63.00 $ 1,026.10 $ 3,801.00 $ 149.57 $ 170.40 $ 9,589.84 $ 311.82 $ 165.13 $ 1,278.00 $ 144,769.71 $ 762.38 $ 543.75 $ 1,520.08 $ 1,037.12 $ 206.61 $ 1,750.00 $ 2,104.16 $ 294.45 $ 13.97 $ 26.03 $ 326.58 $ 12.00 $ 554.26 $ 24,461.06 $ 110.10 $ 355.38 $ 1,503.38 $ 7,987.50 CLAIMS FOR PAYMENT July 6, 1999 11938 Security State Bank of ML 1992 GO Improvement Bond $ 1,503.38 11939 Security State Bank of ML June Federal Taxes $ 2,718.84 11940 Sprint-UTS Monthly Service $ 318.97 11941 Wr. Co. Mayors Association 1999 Membership $ 150.00 Total Bills $ 211,767.06 SPITY C s � m 4e %0-4w-0 788P3 TO: David Lund Albertville City Administrator 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301 RE: 2000 Assessment Contract GERALD E. KRITZ Wright County A Wright County Government Center 10 2nd Street N.W. • Room 240 Buffalo, Minnesota 55313-1183 Phone: (612) 682-7367 / (612) 682-7368 FAX: (612) 682-6178 I, Gerald E. Kritzeck, Wright County Assessor representing Wright County, do hereby contract with Albertville City to perform the duties of assessor for said Albertville City for the year of 2000. Contract price is $7.50 per parcel which will include all expenses. Payment is due after the 2000 Albertville City Board of Review. Gerald E. Kritzeck Garrison L. Hale Wright County Assessor Albertville City Administrator Date: June 17, 1999 Albertville City Date: Equal Opportunity / Affirmative Action Employer r 0 V h C��. . L t �� S r'Yl��.��as -(► b 1e s �H d ✓t o o aorkt'�I S i y r 'r 04 ct� T ✓t k J-o C-0n1 (fieJevageS fov o0V, _0140 a 1 Pa r<<sh F-e s ri'✓g l ib 1'.4 P4e V -FUv- a _—s -c.Q. w; ^ c ah a yr► 0 vw d a sq!q! SG Tha" k Wou t _ j q;$ boxy( _Ala. 0 st - 01 b,evtj, c l e MN 5-57?01 e z Albertville Wastewater Treatment Facility .AQOA ALUANa Monthly Operations Report May 1999 Submitted try. Kell ing Project Manager Date: 123J r ■ Sano�aarw Albertville met itsNPDESpermit requirementspr biodemical oxygen dgmanA total d w,&ds. wed fecal cobfrrm to May 1999. Fjlumt limits for wd phvsphoroas wereeaa mde4 haww ut& du month a rouge being 2 3 MA After having reviewed the daft it appears that the hjSh flowes egwlenced impaled the ability to settle out the pimasp� In the dar/f er. Flows 0Vd msfIy exceeded influent and effluent design capadfy beglmdngMay IOe: E,Q une flows aid not return to Harmer! undl May 2S& De treatment plant is des/gned to treat an average of d3lS million gdAms per day, kowewerjbm ezae &d 0.600million gallons on May 12w and~ exceeded d400 ndllion gallonsfiar over a week Mplarn expo Won that is currently being proposed is designed to treat to increasedflow Average in#hnni flow. or da entire mom* was 0.282MGD and of j'luerd flow a► mwd o 3U4 AwD. Aver W biochemical oxygen dmand was 14 mgR and total suspended solids wogs 25.9 fiWA Fecal coli orm geameiric mean wars <1[h &N/1ofrl Incs eawd arf m feed rates 4X' oMmoa*e Ines-rasedflows and toad Increawd dutte removal rates to maintain shdge blanket depth. Increawdaeralfon In Pond 1. Cover letter to MPrA is atwached to this report which details the pk vphmvw removal problems encountered aWring May. M Cleaned darif er weirs and a flnent diannel with power washer. Cleaned W system and channel. Completed regalar preventative ma intenar w monthly work orders. Refired railing down to shdV Inanp and storage arrea. Greased aerators, jor quawterly preventative maintenance work order Continue mowing; 01mming and atke maintenance. Degreasing continues at DJ s lift fr itation. Spot painted high trance and problem areas singe painting floors this past winter. Aerator V replaced with good one and taken ink repair. Aeranors cmnot be repaired on-jite. Safety HAZCOM (Hazard ewnmunication) hwmng pwovtded to stare: I. l mufffirm NPDESiidxkwVMbnNo mg Report Letter toMPCA wUh DAR as required bypernrit. Regular commmdcadOM We being maintained between PSG and City Hall. Ekmddh FYmmdal report reflects all a ahity In due budgetywar. Thermal report does not reflect May balls paid in jaw. NPDESIXscha WManiftingReport WIC4 LBO Cover Letter DARA 's Loat ^ Y Ck Reparf 0 AU3ER7VILLE WWTF LOADINGS CW*ad Veloee i Tdppe,e: Cotd A Vetoes 3 Tdppeie: Ave. 0.1580 MOD AM` 307 8 1870 HW 0.18" MOD HW 368 8 224 • !Ow- 0.1264 MOD Low- 246 • 1500 0*09n: 0.3150 MGD 366 0 368 0 FLOW 12 rm % a TSS 12 nm % of MOD % a wr4e w 44AlAT MGD Ab.�.m ++4 uu D.oW.gnA w�a wry ww r r• �rwwr «r�� wr w � LbR �.r,w D@Wp 1995 ion 0.151 384 403 wwtiw 240 302 .w� rtrwNww Feb Me► 0.143 285 339 184 219 0.164 288 394 191 261 Apt M177 99 145 92 136 Mey 0.172 274 302 148 212 dun 0.163 232 315 133 181 Jul 0.152 222 281 154 195 Avg 0.174 288 418 136 197 Sep 0.166 234 322 100 138 Od 0.161 294 305 122 164 Nov 0.163 78 100 88 92 ow 0.156 405 527 234 304 low Jen 0.161 0.1626 51.61% 250 338 331 SBM% 175 235 195 52A70A Feb 0.158 0.1638 52.M% 433 571 350 95.10% 173 235 196 53.21% Met 0.179 0.ISS1 SZ41% 312 486 356 96.79% 221 330 202 54.78% Apr 0.188 0.1660 52.70% 336 527 386 io&4'Z% 131 205 207 56.10% Mev 0.198 MIO82 53.30% 388 "1 40g 111A5% 169 279 213 57.87% Jun M203 0.1713 54.44%* �, .. 354 599 432 117.49% 151 256 219 59.57% id 0.161 0.1723 54M% ' - 240 333 437 118A5% 129 173 217 59A7% Aug M141 0.1495 53M#A- 558 08 456 i24.04% 179 210 218 59.37% Sep 0.141 O.I6$ . 53.17%. " : 05 735 491 133.40% 145 171 221 60.11% Od 0.103 0.1877 53.23W y , 274 372 408 132Ao% 144 196 224 60.83% mm 0.250 0.1749 56.5814. 244 509 523 14201% 141 204 241 65.40% Dec 0.171 0.1762 55.94% 309 441 515 140A9% 323 461 254 MOM 1n? Jwa 0.179 0.1777 SL40% 432 60 "1 I47Ae% 180 260 256 69.70% Feb 0.183 0.1798 STAB% 225 343 522 141AM 148 Z26 256 09-%% Met 0.196 MIS13 57.37% 309 $10 US 142AM 176 M" 252 68.61% Apr 0.102 0.1792 58AMS 238 322 509 1382M 129 174 250 67.91% MW 0.074 0.1688 53A0% 322 199 412 t2027% 160 99 235 63.82% Igoe 1909 Od 0.193 0.16" 5Z67% - - 302 406 396 107.711A Nov 0.182 0.1603 50.87% 305 800 404 109.77% Dee 0.178 0.1608 5IAM 382 587 414 IIZ63% Jan 0.185 0.1813 51.22% 590 910 437 118.64% Feb 0.2A0 0.1628 51.67% 524 $74 481 130A5% Met 0.236 O.M6B GZS5% 361 708 497 135.12% Apr 0.259 0.1739 55.21% 301 050 525 142.56% Mey 0.190 M1841 56.44% 602 064 590 tB025% June 0.220 0.1910 60.63% 270 405 608 105.25% Joy 0202 OA955 62AM 178 300 '.M8 16Z34% Aug 0.225 0.31819 64.10% 431 809 641 174.17% Sept 0.221 02M 66A3% 378 W 673 182.98% Oct 0.215 0.2096 66A1% 276 495 674 183.16% Ncv 0.226 0.2137 67AM 248 472 60 I80.26% Dee - 0.206 0.2100 68A7% 497 $54 607 186.76% Jen 0.216 0.2186 89.30% 380 695 See 181.64% Feb 0.220 0.2M 69.92% 540 991 978 1842M Mr 0.224 0.2193 89A3% 340 635 672 182.05% Apr 0.249 02185 60.37% 456 947 6B7 189.37% May 0.282 02M 71.64% 478 1.124 709 192.54% MEW A Influent Bout MBmMed due to i Wo oat ox mpttcet mt 245 193 308 184 237 259 318 250 114 372 283 155 178 147 120 220 236 262 314 14T 221 80.12% 148 209 56.81% 149 183 49.75% 150 173 47.07% 151 167 45.37% 152 155 42.23% 153 154 41.75% 154 158 43.00% 155 158 42411% 156 152 41.30% 157 152 41.17% 158 153 41.44% 159 154 41.71% 160 155 41.98% 161 156 4228% 182 157 42.53% 163 158 42.80% 164 159 43.07% 165 160 43.34% 166 161 43.61 % o U. N 8 f &I ONO 10:17.41 AM Mw*wft Report AhwtWblAAAIrF 5l1199 TO 5131199 pop 1 Data W Flow Loan Tarp taDh Time Rspd PH Ef f Flow Efl PH Efi Tamp 05101190 MOD 0.212 F 30 p 78 path StJ MOONJ F 0.00 0.183 0.250 54 76 0.00 O.Z04 0.247 82 02 0.00 0.181 o5m4199 0.252 50 74 0.47 0.188 03d05199 P.247 0.272 50 as 0.07 8.03 0.190 7.04osioem 1ti.3 05J07/99 0.230 u 40 72 50 0.54 0.200 0.07 0.217 0.230 32 Q4 0.00 0.223 0.25e 50 N 0.00 0.217 05flom 0.335 50 a9 1.50 0.282 05l11/99 0.361 44 50 1.14 0.323 05112M 0.004 42 48 0.95 OA10 05113NO 0.323 44 50 0.03 0.411 05f14109 0.286 so so &10 0.3A0 OW15199 &322 54 Oa 0.12 OA37 osm em 0.385 52 72 0.00 OA24 0tt7199 0.335 42.;. ;; 78 0.00 OA27 05if18189 &309 48 54 0.01 0.430 05mom Ono 58. ' ' 70 0.02 0.06 0.386 &84 17.7 05rAm 0.283 78 0.00 0.395 05121M O.M 48 78 0.00 0.408 05122/90 0.235 54 92 0.20 &371 05J23190 0.284 30 64 0.00 &359 ,. osrm 99 &200 40 76 0.00 0.322 0.253 42 78 0.00 0.321 0.255 42 82 0.00 0.29a 05J'27199 0.273 48. 94 0.00 0.284 0.219 HO 90 0.00 0.241 0.214 60 a 0.00 0.268 MGM 0.195 50 88 0.00 0.230 05/31/99 0.237 40 70 0.03 0,218 Avers Toted 0.282 48 72 010 8 05 0.304 a 94 18 O 8.727 1.482 2.242 5A9 18.09 9 427 13.88 30.0 Mk*"r Maxk m 0.195 0.004 32 42 48 0.00 &03 0.181 a." 17.7 94 1.50 &06 0.437 7.04 18.3 t' QJ18/W 10:17:41 AM Report AbwMs IMNTF POP 2 05J02A9 MOM MUM MOM 05wm 05/0@l09 10 31&0 520 115 12.9 22.7 17.2 O'5mm 05110/09 05P1118o OW12 90 05M3M9 OSrt4100 05J15i99 05"em 05fi7t90 .�,. • 05/18190 � WHOM 7.73 • i . - 10 �.! 310.0 438 15.5 14.6 20.0 42.2 . ��O(st2��.11y�9yi6�� 05rA= 9 05// OMA� N& o5ri q - - .. .. l�118/9910:17:41 /UY1 RoW AbwtWbWW F Pros 3 51U99 TO'$all" O5d01199 0510?/OD OSRKWOD f�J�Q5J99 MUM`� 0.7 0.6 90.8 98.1 05J07f99 0!�I09199 oamm 05110199 051111i19 05112(90 05✓13/89 05/14/99 osm5d00 05nsm 05n7199 05/19199 r OSIM 3.7 5.� .. � 91.0 95.0 �(��aa� osal i� OMM a/��.��yaa�� v.rr..wii.. a0a5��PAa��a�� VrWN= o5ra OW7199 _ O5J29/99 0512019p 2.5 13 06130Ig0 05/31/99 . 2.3 2.7 0A 96.5 Toted OA 0.1 187.7 191.1 _ 0.7 0.5 91.0 95A Maximum ' 3.7 5.3 90.0 98.1 e r D�a EA Tat. P ER P ld TSS Ram BOD Ram GfIG N 10:17:42 AM Pond vbowwMon ROW AbatWk VWWTF pow t Ot1/N TO'�I3UN Pt Odors P1 MR Pi Dqm P1 Rodwft P1 Dke cc r Pt Aa 1 I by I -SO R IWS i 2so 1 1-5 Od�0m 2 0 p � „ sots OSM200 2 0 0 o5nom OWW Ikrsrane 2 2 0 0 0 0 2 0 0 v � e.e7 2 5 p A e An Is m _ QN81M 10:17A2 AIM POW ob§WWMOR now AbwtWb VWW SHAY TO S*iMo 0� P2 Odors PZ Aq PI P2 �hls PZ Drplh P2 R"wo Iva / 2no 06H2AY 2 2 0 p 0 G a31 2 oaHYAY OWV M Avww 2 Z 0 p o o GAS 2 SA 2 a3e 2 2 0 0 Gx 2 P2 Oft Co P2 be Cow P2 Areaj 14 (noodl !i oovwaoo S 0Q p Q It 17.42 AM Pond Cbswvdion Report AbwtWk YEA 3 Dfos P3 Odors P3 Aq PI P3 Mob P9 % tb n Rodents P3 Oft Co 0WN= 05R2M9 2 2 0 0 0 0 &2e 2 5 0 Q oGnm 2 0 0 SA2 2 VO 2 5 0 Q 0a1 M AVWW 2 0 0 Q. 2 5 5 0 0 6 0 2 0 0 0.43 2 5 0 0 Naurty�rad partner June 18, 1999 Mr. David Sahli Minnesota Pollution Control Agency 520 Lafayette Road North St. Pail, NW 55155-4194 Atta: W. Q. Pohl Source Compliance Dear Mr. Sahli: Attar is Albertville's Discharge Mbeftodag RqM for the month of June-1999. You will note that Albertville or seeded its dfluent limit for Total Phosphorous. I have revkwed the dam and fed flail the varemely high flows we recaved throughout the month appear to have impacted the ability to settle out the phorphoem in the darifier. As you know, the Albertville ficility is only designed for 0.315 WW. The fkws that we experienced wee far beyond do on several days dIMg Ma9. AdMORWRY, the d8oe nt flow is significantly higher than tare influent dime to the nun fulling ou 18 acres of pond areal It 99pents that the high flows not only caused hydraulic ov+erkntding of the clarifier but also rairnad up solids in dre ponds. Pond 3 PhOlphOrom concentration move than quadrupled vuUWIY MeMOL We &Wsed the atom feed to accommodate the flows and loaft but there was not apparently suMcient time for adding We were not abm to being down the Owsphorous concestodort enough by mouth end to meet the =w4r- We have, however, are back within limits in hoe with the reduction in flows. As you are also aware, the plant eaqwnion that is currently being proposed for =a year will prevent this type of occurrence in the f%hnue. If you should have arty questions at all, please contact me at (612) 497-3611 or Hold McAloney at (612) 497-8309. Sincerely, i Kelly Browning Project Manager ftfets and Service Group 3320 Under Avav^ NE St. Michael, Mesta SS376 (612) 497-8309 Fax (612) 497-8312 r- 14 43 r AEGIS 1CR109PSG PROFESSIONAL SERVICES GROUP, INC. DATE 06/05/99 PAGE 1 MONTHLY CLIENT REPORT TIME 3:00PM THROUGH PERIOD 07-99, ENDING 45/28/99 PROJECT MGR: (KLB) KELLY BRONNING DISTRICT MGR: MMB PEG BECKER Project: C9241.A ALBERTVILLE REGIONAL MGR: NAC BILL COLEMAN Start Date: 01/01/99 End Date: 12/31/99 PROJECT NGR:-KL8 KELLY BRONNING TOTAL ::::::: CURRENT PERIOD - ::: PROJECT TO DATE ::::::: BUDGET ACTUAL BUDGETED VARIANCE ACTUAL BUDGETED VARIANCE Lahr and Benefits 30,246 2,830 2,353 (477) 16,053 12,768 (3,285) Electricity 11,683 717 1,035 317 6,989 5,375 (1,614) Other Utilities 2,190 0 0 0 1,032 1,200 167 Chemicals 12,414 915 585 (330) 5,726 6,863 1,136 Maintenance and Repairs 828 9 69 60 687 345 (342) Equipment Rental 1,011 0 84 84 369 420 so Outside Services 6,103 281 519 237 1,505 2,533 1,027 Travel and Neale 744 0 62 62 171 310 138 All Other 5,920 369 493 123 2,770 2,465 (305) Allocations and Scope Adjustments 1,195 125 100 (25) 1,426 Soo (926) Overhead 0 0 0 0 0 0 0 TOTAL DIRECT COST 72,334 5,248 5,300 51 36,731 32,779 (3,952) BASE FEE , 21,540 1,795 1,795 0 8,975 8,975 0 J � � TOTAL PROJECT ''` ' 93,874 7,043 7,095 51 45,706 41,754 (3,952) AEGIS ICRI09PS6 PROFESSIONAL SERVICES GROUP, INC. DATE 06/05/99 PAGE 2 MONTHLY CLIENT REPORT TIME 3:00PM THROUGH PERIOD 41-99, ENDING 05J28/49 PROJECT MGR: (KLB) KELLY BRONNING DISTRICT MGR: HMO PEG BECKER Project: C9241.R ALBERTVILLE R6R REGIONAL MGR: NAC BILL COLEMAN Start Date: 01/01/99 End Date: 12/31/94 PROJECT M6R: KLB KELLY BRONNING TOTAL ------. CURRENT PERIOD - .---. -. PROJECT TO DATE -----. BUDGET ACTUAL BUDGETED VARIANCE ACTUAL BUDGETED VARIANCE Maintenance and Repairs 4,020 27 335 307 4,305 1,675 (2,630) Overhead 0 0 0 0 0 0 0 TOTAL DIRECT COST 4,020 27 335 307- 4,305 1,675 (2,630) BASE FEE 0 0 0 0 0. 0 0 TOTAL PROJECT 4,020 27 335 307 4,305 1,675 (2,630) 07/01/99 07:57 FAX 320 253 1002 SEH.RCM ST CLOUD ALBE: Amuftift lit� 11 A' 16; !V/Evrvr %r-1rvt`vrvt 606 Franklin venue , t. v. FAX TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. O wlson, P.E. City Engineer DATE: July 1, 1999 RE: Turf Restoration Greenhaven Estates Albertville, Minnesota SEH No. A-ALBEV9706.00 14.00 The project site has been regraded to eliminate the ruts that were left by equipment that was used to apply mulch. There are a couple of small areas that still need some touch up but for the most part the regrading is complete. The Contractor has attempted to reseed the area, however, rain has kept the ground soft and the Contractor has been unable to utilize equipment typically used to plant seed. We are discussing with him alternative methods to reseed the area, namely reseeding by hand. This work should be complete within the next week: Please call me if you have any questions. WOMPERSCARLSONW3MN WPI3 Shop EiGott Hendrickson Inc. G+ikes io atW throughout the Upper Midwest End Opportunity Employer We help yvu plant, design, and achieve CITY OF ALBERTVILLE RESOLUTION #1999-29 A RESOLUTION APPROVING RENEWAL OF THE GAMBLING LICENSE FOR THE ALBERTVILLE LIONS AT THE 152 CLUB WHEREAS, the Albertville Lions have made application with the Minnesota Charitable Gambling Control Board for renewal of its gambling license at the 152 Club at 5794 Main Avenue NE, Albertville, Minnesota; and WHEREAS, the Albertville Lions submitted said application to the City Council of the City of Albertville, and the application was reviewed by the City Council at a public meeting conducted July 6, 1999. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby approves the application for renewal of the gambling license for the Albertville Lions at the 152 Club. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ABLERTVILLE THIS 6t' DAY OF JULY 1999. John A. Olson, Mayor Linda Goeb, Administrator -Clerk Albertville LIONS CLUB A0. Ax 82 Albertville, AN 55301 City of Albertville Mayor and City Council April, 1999 We would liketo make the request, that if ever another Gambling site for, Pulltabs, ,should become available in Albertville. That the Albertville Lions be considered to obtain that site All proceeds would go back into the community of Albertville Thank you, Floyd Roden Lions _Club President West STATE OF 1 XMNSOTA ( FOR BOARD IISa eiar v GAMLZM CONTROL BOARD (ANT PAID PREMISES PERMIT JUMYZAZ APPLICATION (CHECK NO.�_ LG214PPR PRINTED: JDATE LICENSE NUMBER: 8-01335-001 EFFECTIVE DATE: 11/01/97 EXPIRATION DATE: 10/31/99 NAME OF ORGANIZATION: Lions Albertville Club SLING PREMISES INFORMATION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED 152 Club 5794 Main Ave N Albertville 55301 COUNTY Wright IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y LBSSOR INFORMATION DOES YOUR ORGANIZATION OWN THIS SITE?: No IF NO, LIST THE LESSOR: John Woods 161 70th SR Becker NN 55308 NAME OF PROPERTY OWNER (WHEN NOT LESSOR): Arleen Woods SQUARE FEET PER MONTH: 85 AMOUNT PAID FOR RENT PER MONTH: 1000 SQUARE FEET PER OCCASION: 0 AMOUNT PAID PER OCCASION: 0 BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT STORAGE ADDRESS 10503 80th St NS Monticello MN 55362 BANK INFORMATION Highland Bank 5989 Large Ave NE Albertville MN 55301 GAMBLING BANK ACCOUNT NUMBER: 250761200 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION''S TREASURER MAY NOT HANDLE GAMBLING FUNDS: Tony Bistodeau 11550-50th St. Ne. Albertvilleg Mn, 55301 CFO. DonatuE Yetsch 11572-57th St. Ne. Albertville, MI. 55301 Gamblinff Mgr. (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST ACKNONUDOXXXT GAMBLING PREMISES AUTHORIZATION I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES ,AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL ,BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; • ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. SIGNATURE OF EXECUTIVE OR, CZR DATE71474,11'-. , / -7-'- 1 A �} LOCAL DOVE ACKNOW116GHENT. 1. THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED, WITHIN CITY LIMITS. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY" IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. 5. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS CITY* OR COUNTY** TOWNSHIP** CITY OR COUNTY NAME TOWNSHIP NAME SIGNATURE OF PERSON RECEIVING APPLICATION SIGNATURE OF PERSON RECEIVING APPLICATION TITLE DATE RECEIVED ( TITLE DATE RECEIVED REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, MN SS113 CITY OF ALBERTVILLE RESOLUTION #1999-30 A RESOLUTION APPROVING AN OFF -SITE CHARITABLE GAMBLING LICENSE FOR THE ALBERTVILLE LIONS AT THE LONGSHOT BAR & GRILL WHEREAS, the Albertville Lions have made application with the Minnesota Charitable Gambling Control Board for an off -site gambling license at The Longshot Bar & Grill located at 5700 Jason Avenue NE, Albertville, Minnesota; and WHEREAS, the City of Albertville has an opportunity within thirty (30) days from the receipt of the application to disallow the gambling activity by filing a Notice of Disallowance within thirty (30) days of said date. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville specifically waives its thirty (30) day right to serve Notice of Disallowance of said application and does, with this resolution, hereby consent to said application. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ABLERTVILLE THIS 6'h DAY OF JULY 1999. John A. Olson, Mayor Linda Goeb, Administrator -Clerk Minnesota Lawful Gambling 1' Lease for Pull -Tab, Paddlewheel, Tipboard, and/or Raffle Activity - L.G221 Name of Legal Owner of Premises Street Address City Tip Daytime Phone Russell A. Vetsch 10421— 4th St. Ye. Hanover 55341 ( ) Name of Lessor Street Address city Zip Daytime Phone (if same as legal owner, write in "SAME") Russell A. Vetsch Saxe Same Same ( } Name of Leased Premises Street Address City Zip Daytime Phone The Long Shot Bar & Grill 5700 Jason Av Albertville 55301 ( ) Name of Lessee (name of organization leasing the premises) GCB license no. of organization Daytime Phone Rent Information • Total rent cannot exceed $1,000 per month for all non -bingo activity for this premises. • For bingo activity, use lease form LG222. For pull -tab dispensing machines, use lease form LG223. Sketch and Dimensions of Leased Area • An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling. Rent to be paid Per month $ 300.00 (if no rent is to be paid, indicate -0-) Sketch: For all areas being leased for the conduct For Premises Permit Renewal Applications Only: If no of gambling and storage of gambling product at this changes have been: made at the site, you do not have to premises, attach a sketch (drawing) showing: (1) the comps this section or provide a sketch.. leased area(s), and (2) the dimensions. Dimensions The leased areas are: 06 ft. feet by 05 ft, feet for a total of 30 - square feet. feet by feet for a total of square feet. feet by feet for a total of square feet. Storage feet by feet for a total of square feet. Storage feet by feet for a total of square feet. Combined total 30 square feet. Lawful Gambling Activity Type of gambling activity that will be conducted at this gambling premises. Check all that apply. Paddlewheels x Pull -Tabs Raffles Tipboards Term of Lease Amended Lease only The term of this lease agreement will be concurrent with If this is an amended lease showing changes occur - the premises permit issued by the Gambling Control ring during the term of the current premises permit, Board, unless terminated sooner by mutual consent of write in the date that the changes will be effective the lessor and lessee. / / Both parties that signed the lease must initial and date all changes. Questions on this form should be directed to the Licensing The information requested on this form will become public Section of the Gambling Control Board (Board) at 651-639- information when received by the Board, and will be used to 4000. This publication will be made available in alternative determine your compliance with Minnesota statutes and rules format (i.e. large print, Braille) upon request. Hearing impaired governing lawful gambling activities. individuals using a TTY may call the Minnesota Relay Service Page 1 of 2 Iat 1-800-627-3529 and ask to place a call to 651-639-4000. 1/99 E , 4 Lease for Pull -Tab, Paddlewheel rd, and/or Raffle Act - LG221 ■ or LESSOR PROHIBITIONS agents are found to be solely 4. The lessor shall not modify or Management of Gambling responsible for any illegal gambling terminate this lease in whole or in part Prohibited conducted at that site that is due to the lessor's violation of the prohibited by Minnesota Rules, part provisions listed on this lease. The owner of the premises or the lessor 7861.0050, subpart 1, or Minnesota will not manage the conduct of gambling Statutes, section 609.75, unless the Arbitration Process at the premises. organization's agents responsible for The lessor agrees to arbitration when a Participation as Players Prohibited the illegal gambling activity are also violation of these lease provisions is The lessor, the lessor's immediate family agents or employees of the lessor. alleged. The arbitrator shall be the CRG. and any agents or gambling employees of the lessorwill not participate as players 4. The lessor shall not modify or mate the lease in whole or in part ACCESS TO PERMITTED PREMISES in the conduct of lawful gambling on the he organization re because tported toState a state or local law enforcement of Minnesota and Law premises. authority or the board the occurrence Enforcement Illegal Gambling at the site of illegal gambling activity The board and its agents, the 1. The lessor is aware of the prohibition in which the organization did not commissioners of revenue and public against illegal gambling in Minnesota participate. safety and their agents, , and law Statutes, section 609.75, and the Other Prohibitions enforcement personnel have access to penalties for illegal gambling the permitted premises at any violations in Minnesota Rules, part 1 • The lessorwill not impose restrictions reasonable time during the business 7861.0050, subpart 3. on the organization with respect to hours of the lessor. 2. To the best of the lessor's know providers (distributors) of gambling- related equipment and services or in Organization the lessor affirms that any and all the use of net profits for lawful The organization has access to the games or devices located on the purposes. permitted premises during any time premises are not being used, and are not capable of being used, in a 2 The lessor, the lessor's immediate reasonable and when necessary for the conduct of lawful gambling on the manner that violates the prohibitions family, and any agents or employees of the lessor will not require the premises. against illegal gambling in Minnesota Statutes, section 609.75, and the organization to perform any action LESSOR RECORDS MAINTAINED penalties for illegal gambling that would violate statute or rule. The I h II ' t d f It violations In Minnesota Rules, part 3. If there is a dispute as to whether any ess .1 a ham am a recur o a 7861.0050, subpart 3. of these lease provisions have been money received from the organization, violated, the lease will remain effect ill in in and make the record available to the 3. Notwithstanding Minnesota Rules, board and its agents, the commissioners part 7861.0050, subp. 3, an Pending a final determination by the of revenue and public safety and their organization must continue making Compliance Review Group (CRG) of agents upon demand. The record shall rent payments, pursuant to the temp the Gambling Control Board. be maintained for aperiod of 3-1/2 years. of the lease, if the organization or its OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and thelessee.) Rent lease negotiable every 3 months This lease a total and only agreement between the lessor and the organization conducting lawful gambling activities other thart bi o and pull -tab dispensing devices. There is no other agreement and no other consideration required between the pa s s to the lawful gambling and other matters related to this lease. y changes in this lease will be submitted to the G ng Control Board ten days prior to the effective date of the ch A. g S' o Lessor Date Si a ofOrganization al (Lessee) Date s# Af 7- z Prin ame and Title of Lessor Print Name and Title of lessee Page 2 of 2 1199 ■ Premises Permit Application - LG214 Page 2 of 3 1/99 Bingo Occasions - for Class A or C Permits If applying for a class A or C permit, enter days and beginning/ending hours of bingo occasions (indicate A.M. or P.M.). No more than ten bingo occasions may be conducted per week. An occasion must be at least one and one-half hours, not to exceed four hours. Lit agginniDanding Hour gS1C BBeginning nding Hours D-W Beginning Ending Hours to to to to to to to to to to Gambling Bank Account Information Bank name Bank account number` Highland Banks 250761200 Bank address City State/Zip code 5989 Large Av. Ne. Albertville Mn. 55301 * New organizations: The account number may be obtained and submitted to the Gambling Control Board within ten days after you receive your premises permit Name, address, and title of members authorized to sign checks from the gambling account. The organization's treasurer may not handle gambling funds. Name Address Title Acknowledgment oath Gambling site authorization I declare that: I hereby consent that local law enforcement officers, the 1. 1 have read this application and all information submitted board or agents of the board, or the commissioner of to the board is true, accurate, and complete; revenue or public safety or agents of the commissioners, 2. all other required information has been fully disclosed; may enter the premises to enforce the law. 3. 1 am the chief executive officer of the organization; Bank records information 4. 1 assume full responsibility for the fair and lawful The board is authorized to inspect the bank records of the operation of all activities to be conducted; gambling account whenever necessary to fulfill 5. 1 will familiarize myself with the laws of Minnesota requirements of current gambling rules and law. governing lawful gambling and rules of the board and agree, if licensed,, to abide by those laws and rules, Organization license authorization including amendments to there; 1 hereby authorize the Gambling Control Board to modify 6. any changes in application information will be submitted the class of organization license to be consistent with the to the board and local unit of government within ten class of permit being applied for. days of the change; and 7. 1 understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. Zi A / ff Signature of chief p(mcufte officer Mesi nee may not n) Date ■ 1_ Premises Permit Application - LG214 Page 3 of 3 1 /99 Local Unit of Government Acknowledgment and Approval If the gambling premises is within city limits, the city must sign this application and provide a resolution. On behalf of the city, l hereby acknowledge this application for lawful gambling activity at the premises located within the city's jurisdiction, and that a Print name of city resolution specifically approving or denying the application will be forwarded to the applying organization. Signature of city personnel receiving application Title Date N the gambling premises is located in a township, both the county and township must sign this application. The county must provide a resolution. For the township: On behalf of the township, 1 acknowledge that the organization is applying to conduct lawful gambling activity within the township Print name of township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Signature of township official acknowledging applicatio Title Date / 1 Eor the county: On behalf of the county, I hereby acknowledge this application for lawful gambling activity at the premises located within the county's Print name of county jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Signature of county personnel receiving application Title Date I I The information requested on this form (and any premises permit, all of the information that you have attachments) will be used by the Gambling Control Board provided to the Board in the process of applying for your (Board) to determine your qualifications to be involved in premises permit will become public except for your Social lawful gambling activities in Minnesota, and to assist the Security number, which remains private. If the Board does Board in conducting a background investigation of you. not issue you a premises permit, all the information you You have the right to refuse to supply the information have provided in the process of applying fora premises requested; however, if you refuse to supply this permit remains private, with the exception of your name information, the Board may not be able to determine your and address which will remain public. qualifications and, as a consequence, may refuse to issue you a premises permit. If you supply the information Private data about you are available only to the following: requested, the Board will be able to process your Board members, staff of the Board whose work application. assignment requires that they have access to the information; the Minnesota Department of Public Safety; This form may require the disclosure of your Social the Minnesota Attorney General; the Minnesota Security number. If so, your Social Security number will Commissioners of Administration, Finance, and Revenue; be used to determine your compliance with the tax laws the Minnesota Legislative Auditor, national and of Minnesota. Authorization for requiring your Social international gambling regulatory agencies;, anyone Security number is found at 42 U.S.C. 405 (c)(i). pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to Your name and address will be public information when have access to the information; individuals and agencies received by the Board. All the other information that you for which law or legal order authorizes a new use or provide will be private data about you until the Board issues sharing of information after this Notice was given; and your premises permit. When the Board issues your anyone with your consent. r Premises Permit Application - LG214, Instructions 1/99 Attachments 1. Lease and sketch. If the gambling premises is leased, attach a copy of: • the appropriate lawful gambling lease form, and • the sketch of all leased areas with dimensions and square footage clearly defined. Lease forms: LG221 Lease for pull -tab, paddlewheels, tipboard, and/or raffle activity. LG222 - Lease for bingo activity. LG223 - Lease for pull -tab dispensing device activity. 2. Permit Fee. For each premises permit application, attach a separate check, payable to the State of Minnesota, for the appropriate permit fee: Class A- $400 Class B - $250 Class C $200 Class D - $150 3. Resolution of Approval. • The premises permit application must be approved by the local unit of government (city or county). Attach a copy of the resolution which shows approval of your application. • If the local unit of government denies your application, do not submit the application to the Gambling Control Board. Where to mail your application Mail your completed application with the attachments to: Gambling Control Board Suite 300 South 1711 West County Road B Roseville, MN 55113 Processing Allow ten weeks for processing the application. Your organization's chief executive officer will be contacted in writing regarding any missing information. Term of permit The expiration date of a premises permit is the same as the expiration date of your organizabon's license. Local ordinances Check with the local unit of government (city or county) regarding local ordinances, if any, that apply to lawful gambling. Local ordinances may be more restrictive than statute or rule. City of Albertville 014&L TO: Mayor and City Council FROM: Tim Guimont, Public Works DATE: July 6, 1999 SUBJECT: PUBLIC WORKS DEPARTMENT REPORT C11 We have had some repeated vandalism at the City Park. I had the outside lights on the building repaired before Friendly City Days at a cost of over $300. One week later one (1) light was pulled out of the wall. It was repaired during the week. Then during the weekend of June 25-27* the lights were smashed with a bat or something. I have since installed metal cages around these lights to protect them and prevent any more occurrences. Other items of vandalism to the Park / Shelter are: Small fires started Picnic tables damaged Walls and doors spray painted Doors damaged by a bat or some other type of instrument • This has been reported to the police on two (2) occasions. I also came to the City Offices in the evening to talk to the Deputy on Duty regarding these problems on two (2) occasions. • Wye Water JrUt M Plant The Council or City should start thinking about hiring someone for the Waste Water Treatment Plant. At the same time consider purchasing a vehicle for the person. • If we are going to do all the snowplowing this year we should have someone hired and able to start work by November 1, 1999. TG:bmm cAMY wadi ' eon14-Wdoo 5L PLANNING & ZONING COMMISSION June 9, 1999 Albertville City Hall 7:00 PM PRESENT: Chair Jim Brown, Commission Members Carolyn Bauer, Ed Budde, Keith Franklin, Ray Meyer and Council Liaison Patti Stalberger, City Administrator Linda Goeb, Zoning Administrator Kevin Mealhouse and Planner Liz Stockman Chair Brown called the regular meeting of the Planning & Zoning Commission to order. The agenda was approved by consensus. Bauer made a motion to approve the minutes of the May 12, 1999, regular meeting as presented. Budde seconded the motion. All voted aye. Chair Brown opened the public hearing to consider a Conditional Use Permit for Todd Kasper to allow him to construct a detached garage on his property in addition to his existing attached garage. Zoning Administrator Kevin Mealhouse stated he has visited the site and recommends approval of the Conditional Use Permit contingent upon Kasper meeting the following requirements: (1) Combined area of existing and proposed garages does not exceed 1,150 square feet. (2) Existing overhead door on garage will be removed and installed on rear of existing garage. (3) Existing driveway to Main Avenue will be removed and the curb cut replaced. (4) New curb cut and hard surface driveway will be installed from 56ffi Street. (5) New garage will have siding and roofing that match the existing home. (6) Both garages will be used for storage of the owner's personal belongings. Chair Brown asked for comments from the public. There were no comments, and Chair Brown closed the public hearing. Meyer made a motion to recommend that the City Council approve the Conditional Use Permit for Todd Kasper, contingent upon the requirements of the zoning administrator be met. Bauer seconded the motion. All voted aye. PLANNING & ZONING COMMISSION June 9,1999 Page 2 of 3 Chair Brown opened the public hearing to consider a comprehensive plan amendment, rezoning, PUD/CUP, and preliminary and final plat for the Parkview Place 2"d Addition. Planner Stockman reviewed the development plan with the Commission. Cascade II Land Company has submitted plans for development of 32 townhomes as part of the Albertville Crossings project. The site is located along the new portion of Lachman Avenue NE immediately south of 57d' Street and encompasses 3.99 acres. A comprehensive plan amendment is necessary to allow the medium density proposal within an area guided for business and low density residential development. The property is currently zoned a combination of B-2, Limited Business and R-1, Single Family Residential. Rezoning to R-4, Twin Home, Townhouse, Quadraminium and Low Density Multiple Family, is required. A Conditional Use Permit/Planned Unit Development is also necessary to allow the subdivision of base lots into unit lots for individual ownership of townhome units. The garages, as indicated on the plan, are undersized at 400 square feet. The garages could be permitted as part of the CUP/PUD. Bill Christian, representing Christian Builders, told the Commission that the plan presented attempted to downplay the garages and concentrate attention on the living units. Marly Glines and Lyle Christensen, developers of the proposed development, explained that this development serves as a transition between the commercial and the single family areas in the entire plat. The two story townhomes are designed as a visual separation between the commercial and single family areas. Chair Brown asked for comments from the public. Dan Robertus stated he is opposed to the rezoning to multiple family. Marly Glines stated that the developers have rezoned more property to commercial than they are asking to rezone from commercial to R-4. Gary Bongaarts stated he believes the garage sizes as proposed are too small for the target market. Bryan Carlson feels that the City already has enough multi -family units. PLANNING & ZONING COMMISSION June 9,1999 Page 3 of 3 Commissioner Meyer indicated he sees several areas of concern with the proposed plat: • no separation between the driveways for each unit, • not enough green space, • 8 units per acre is too dense, and • association rules should prohibit animals. Planner Stockman explained that the proposed development meets the requirements for open space and the proposed density is less than permitted for the R-4 zone. Planner Stockman also asked if the Commission was satisfied with the _landscape plan submitted showing five maple trees along 57d, Street rather than evergreens which provide more screening. The Commission indicated the proposed plan is acceptable. There were no further comments from the audience, and Chair Brown closed the public hearing at 8:30 PM. The Commission discussed the proposed plan. Several commissioners requested that the plan be revised from 32 units to 24 units. The developer indicated that 24 units was not financially feasible, although they may be able to cut the total units to 28. Franklin made a motion to recommend the City Council deny the request for a comprehensive plan amendment, rezoning, CUP/PUD, preliminary and final plat for the Parkview Place 2nd Addition. Meyer seconded the motion. All voted aye. Franklin made a motion to adjourn at 8:35 PM. Budde seconded the motion. All voted aye. Jim Brown, Chair Linda Goeb, City Administrator CITY OF ALBERTVILLE Planning Commission Findings of Fact & Recommendation Applicant's Name: Cascade 11 Land Company. Marly Glines Request: Cascade 11 Land Company has submitted plans for development of 32 townhomes as part of the Albertville Crossings project. The townhome portion, previously called Park Side Estates, has been renamed Park View Place Townhomes due to the existence of other plats with the Parkside name. The site is located along the new portion of Lachman Avenue NE immediately south of 57th Street and encompasses 3.99 acres. A Comprehensive Plan amendment will be necessary to allow the medium density proposal within an area guided for business and low density residential development. The property is currently zoned a combination of B-2, Limited Business and R-1, Single Family Residential. Rezoning to R-4, Twin Home, Townhouse, Quadraminium and Low Density Multiple Family, is required. A Conditional Use Permit Planned Unit Development is also necessary to allow the subdivision of base lots into unit lots for individual private ownership of townhome units. Planning Commission Meeting Date: 9 June 1999 Findings of Fact: Based upon 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 Report, dated 2 June 1999, prepared by NAC, Inc., is incorporated herein. 3. The requirements of Sections 300, 400 and 2700 of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. Recommendation: Based on the foregoing information and applicable ordinances, the Planning Commission recommends DENIAL of the Comprehensive Plan amendment, rezoning, and preliminary and final plats based on the most current plan and information received to date. The project was denied for the following reasons: 1. Medium density development is plentiful in the City and the addition of more townhome units would further increase the percentage of multiple family units to single family homes. 2. The low density residential designation was established for the site recently during completion of the Comprehensive Plan Update and a change in designation to medium density would have a negative impact on the existing, adjacent low density neighborhood. 3. A Comprehensive Plan amendment and rezoning was approved for other (commercial) portions of the Albertville Crossings project which replaced land with the low density residential designation and rezoned land from R-1 to B-2 and B-3. 4. The subdivision and architectural design of the proposed project does not demonstrate uniqueness or innovation in development as is required under the Planned Unit Development designation. The townhomes do not provide a product to future residents in the City that is different than what is presently available. 5. The proposed 32 unit development is proposed to gain access from the public street, not a private street system as in most associations. The townhomes would house another +/- 100 persons and would increase traffic volumes beyond the capability of the street. Adopted by the Albertville Planning Commission this 9th day of June 1999. Attest: Linda Goeb, City Clerk pc: Linda Goeb, Mike Couri, Pete Carlson City of Albertville By: Jim Brown, Chair 2 NORTHWEST ASSOCIATED CONSULTANTS NF,NkcGCOMMUNITY PLANNING - DESIGN MARKET RESEARCH PLANNING REPORT TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Elizabeth Stockman DATE: 2 June 1999 RE: Albertville - Albertville Crossings Townhomes (Park View Place Townhomes) Preliminary and Final Plats FILE: 163.06 - 99.07 BACKGROUND Cascade 11 Land Company has submitted plans for development of 32 twnhomes as part of the Albertville Crossings project. The townhome portion, previously called Park Side Estates, has been renamed Park View Place Townhomes due to the existence of other plats with the Parkside name. The site is located along the new portion of Lachman Avenue NE immediately south of 57th Street and encompasses 3.99 acres. A Comprehensive Plan amendment will be necessary to allow the medium density proposal within an area guided for business and low density residential development. The property is currently zoned a combination of B-2, Limited Business and R-1, Single Family Residential. Rezoning to RA Twin Home, Townhouse, Quadraminium and Low Density Multiple Family, is required. A Conditional Use Permit Planned Unit Development is also necessaryto allow the subdivision of base lots into unit lots for individual private ownership of townhome units. Attachments: Exhibit A Site Location Exhibit B Albertville Crossings Plan Exhibit C Park View Place Preliminary Plat and Site Plan Exhibit D Park View Place Final Plat Exhibit E Park View Place Grading and Drainage Plan Exhibit F Lachman Avenue Utility Plans Exhibit G City Engineer Comments (Albertville Crossings) Exhibit H Building Elevations Exhibit I Building Floor Plans Exhibit J Landscape Plans Exhibit K Sample Restrictive Covenants 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 6 1 2-595-9636 FAX 61 2-595-9837 E-MAIL NAC@ WINTERNET.COM EXECUTIVE SUMMARY Recommendation The requested approval of preliminary and final plats, comprehensive plan amendments, rezoning, and Conditional Use Permit Planned Unit Development, requires that the Planning Commission and City Council consider the application in relation to established zoning ordinance review criteria and Comprehensive Plan policies. The decision to approve or deny the project is viewed as a policy decision to be made by the City Council Should they find the submitted plans acceptable, it is recommended that the following conditions be imposed. 1. The City Council approves the undersized garages as part of the Conditional Use Permit Planned Unit Development or plans are revised to reflect the 480 sf standard. 2. Floor plans for the units in Block 2 and building elevations (including rear) drawn to scale are submitted for review and approval of the City Planner and Building Official 3. If a sign is desired by the developer to identify the Park View Place development, a sign plan should be submitted for review and approval of the City Planner. 4. Detailed plans are submitted which specify the style, height, strength/wattage and distribution of exterior lights proposed on the property and exterior of the buildings. Any exterior lighting on site must be arranged as to deflect light away from public streets. The source of lights shall be hooded. 5. A revised landscape plan(s) is submitted to show the addition of 5 deciduous or evergreen trees within common areas, a better screen along 57th Street, and smaller shrub varieties more appropriate for placement near the building entries and walkways. 6. The City's park and trail dedication requirements are satisfied as discussed herein and a determination is made on the inclusion of a grade -separated trail within the development. 7. A property maintenance agreement and property owners association covenants are prepared by the applicant and submitted to the City Attorney for review and approval subject to the requirements of Sections 1100 and 2700 of the City Zoning Ordinance. The agreements, covenants, and restrictions are to be filed with the Wright County Recorder's office as a deed restriction against the title of each unit lot. 8. Separate public utility service shall be provided to each subdivided unit lot. All grading, drainage, and utility issues shall be subject to review and approval of the City Engineer. 9. Revised plans and lacking information is submitted to the appropriate City staff for review and approval prior to issuance of a building permit. Page 2 Comprehensive Plan Amendment/Rezoning. The Comprehensive Land Use Plan designates the subject property as a combination of commercial/low density residential at the present time. The desired land use is medium density residential, a change which must be approved by the City prior to rezoning, Conditional Use Permit or plat approval. Rezoning/Conditional Use Permit Planned Unit Development. The property is zoned a combination of B-2, Limited Business and R-1, Single Family Residential. Rezoning to R-4, Twin Home, Townhouse, Quadraminium and Low Density Multiple Family, is required to accommodate the proposed development. In addition, a Conditional Use Permit Planned Unit Development is necessary to allow the subdivision of base lots into unit lots for individual private ownership of townhome units. The City shall consider the possible adverse effects of the proposed rezoning and conditional use. Their judgement shall be based upon, but not limited to, the following factors: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b. The proposed use is or will be compatible with present and future land uses of the area. C. The proposed use conforms with all Zoning Ordinance performance standards contained herein. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Traffic generated by the proposed use is within capabilities of streets serving the property. The proposed project is consistent with all criteria above with the exception of subparts (a) and (c). If the City chooses to approve the Comprehensive Plan amendment to medium density residential, item (a) shall be satisfied. While the project and site are capable of being in conformance with all Zoning Ordinance performance standards, the submission of lacking plans/data and revised plans will be necessary to show how all conditions of approval have been met and to satisfy item (c). Lot Area, Setback, Height and Coverage Requirements. R-4 District Required Proposed Lot Area (base lots) 15,000 sf 2 lots 0 52,000sf + Minimum lot area per unit 5,000 sf x 32 units=160,000 sf 173, 650 sf Lot Width 100 feet 390 feet+ Setbacks (front) 35 feet 35 feet+ (side -interior) 10 feet 15 feet+ Page 3 (side -comer) 20 feet 40 feet (rear) 30 feet 30 feet+ Building Height Maximum 35 feet Maximum Lot Coverage for Structures 40 percent of lot area 29 percent Minimum Floor Area per Dwelling Unit 600 sf first floor plus 100 add'i sf for each Plans vary, but all are in excess bedroom of this requirement Minimum unit lot frontage 20 feet 26 feet + The elevation drawings are not to scale, and thus the building heights cannot be determined. The building separation between blocks 1 and 2 is 36 feet, between blocks 2 and 3 is 28 feet, between blocks 3 and 4 is 23 feet, and between blocks 5 and 6 is 42 feet. Building Type and Construction. The townhome structures are to be wood frame construction with brick and vinyl siding on the exterior. The soffits and facia will be aluminum. Colors will be in the earth tones such as grey or taupe with black shingled roofs. Each unit has a double garage, although the garage size is only 20x20 (400 sf). The required minimum garage size is 480 square feet. As part of the Conditional Use Permit Planned Unit Development, the developers are requesting deviation from the minimum garage size requirement to allow the 400 sf garages as shown on plans. Floor plans for the building (units) in Block 2 and rear elevation drawings for all structures have not been submitted and will be required as a condition of approval. Signage. If a sign is desired by the developer to identify the Park View Place development, a sign plan should be submitted for review and approval of the City Planner. Lighting. Detailed plans have not been submitted which specify the style, height, strength/wattage and distribution of exterior lights proposed on the property and exterior of the buildings. Any exterior lighting on site must be arranged as to deflect light away from public streets. The source of lights shall be hooded. Screening and Landscaping. Exhibit J shows the landscape plans for both the common area and around the front building entries. A total of 27 deciduous trees have been provided in common areas, including maple, crabapple, ash, and birch. Section 1000 of the City Zoning Ordinance requires one shade or evergreen tree per unit, thus the addition of 5 more trees will be required. The 5 maple trees provided along 57th Street do not provide an adequate screen and should be replaced with evergreen varieties or amended with the addition of a fence as recommended by the Planning Commission. Page 4 The areas at the front townhome entries show several spirea varieties, burning bush and sand cherry. The burning bush and sand cherry grow far too large (6 feet wide and 6-8 feet high) to be planted in these locations (between house and walkways). A revised landscape plan will be required as a condition of approval. Park and Trail Dedication. Under the City's current ordinance park dedication requirements must be satisfied with a cash payment of $1 3, Q.? per dwelling unit. No park land or trails have been proposed as part of the development. A trail has been designated for construction along Lachman Avenue in the City's 1997 Park and Trail Plan. The Planning Commission shall make a recommendation to the City Council as to whether a grade -separated trail should be required (sidewalk or paved asphalt), or whether use of the planned local street is adequate. Trail dedication standards require the developer/owner to construct trails as shown on the Comprehensive Park and Trail System Plan. The cost for installation of trails shall be counted as credit toward the above mentioned park dedication requirement. The trail, if required, may be located within the public right-of-way. It shall be constructed to city standards as is required by the City Engineer. Grading, Drainage and Utilities. Exhibits E through G show plans, utility specifications and previous (Albertville Crossing) City Engineer comments. All grading, drainage and utility issues shall be subject to review and approval by the City Engineer. Except by written authorization by the City Engineer, the top of the foundation of all structures shall be one and one-half (1 'h) feet I ' above the grade of the crown of the abutting street(s). The proposed development is in conformance with the majority of Zoning and Subdivision Ordinance criteria, however, there are several outstanding issues to resolve and a full set of revised plans is needed. The decision to approve or deny the requested Comprehensive Plan amendment, rezoning, and Conditional Use Permit Planned Unit Development is viewed as a policy decision to be made by the City Council. The Executive Summary of this report outlines recommended conditions of approval should the decisions be made in favor of the developer. pc: Linda Goeb Mike Couri Pete Carlson Kevin Mealhouse Marly Glines Page 5 R-1A�' NO11dIK)S30 —r- CO-01'IOU :'ON 31U N :1x31 9MO-lvid-xv :w — r :AB 03NO3H0 101 :A8 NM" 101 A9 NOIS30 6ZLtZ 'ON .608 66/£l/t :0100 6105-168(Y)w) 9i0P-t'69(Z19) 2E,99 nio•• ilY '•I1N 0 00a •iris 7r*u 'r 109 IVId ),8dNlv41138d U 3(1V3Sd3 •�� NVI '311+A18381d ONISS080 3111AA381V :pou61S 'olocouulyt io •Io1S •41 !o c.ol oq1 jopun IoAoenS puo3 paiolcl6oy (Inp o w0 l io41 puo Ydsln�aans 7oo�lp Rw iopun .o ow Rq paodoid so'- uold s141 1041 AI1,o� Agoj*4 I xz0_ _ 9805699�( ..su'�HPZ'il'�w mir mwnr -OpOa 099 a �awar ..�. , ••»�,t>M3 OUI •68JR10066y p wAp0 uyop wb 6 l B f L 66 9t L 31V0 'ON �23 B6 fL Lt 31VO Z6 o g 8E a a4 R..i�a si;i 'raii a,� jIIe g it $ 9 ijild ligist I s i b 3$ Y ga a�BZ i s s aga $s �Pi : i if BsQ"$:\$ a ail s , f t�E �^ �! �•ia ! � i � Es i �9 y� ;$ll$EE3'3jgfij�" a fit: gg a s @ [ ;5$=�;i! s3EiiEi ssR$jF$i$�gi3Q' $3t' isi's•`�a 31$i�°• $R a$a.Faa Es`1s''" Bear i,i i `$ ti$l'►IIs 11 g 3 Cl) ID c0 C z M N a a 5s,E, e5 .:.{isiRP j'bYi-a►`ge E i 1e i I it i,ll'L„ 8iii i � 5.$;Eos.s,..4� ; � �ad � � ��•d•�Qfsi �-s�s$� �� Xas J gl .. 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'"" I � I I 1 � •.• •' e t e t t t S•/ - us tl Was • _ •C I+e If••�•. = , W I 1 ' 1 Z i'• alij _ - - ■ 1 V -J---- ---- ---I , i C ' 1 I Ste . 2'.1042 1 r — — � � i I' .aaff`• t 8 ��Ei: �� R�w1"T \per ; �i�r'► •: � . . �7 ii 4 I� 4 � lit pets a 1t ID ltlf 9 11.11 yi1+` �K r Wet Mo ly&%INIUM11 M_00 1 C i Exhibit F 1 02/06/99 11:18 FAX 13202518760 SEH ST. CLOUD ig 002/603 =50 MEMORANDUM 113 S. FIFTHAVENUE, P.O. BOX 1717, ST. CLOUD, MN $6302-1717 320 252-4740 800 572-0617 320 251-8760 FAX TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: February 6, 1999 RE: Site Plan Review Albertville Crossings Albertville, Minnesota SEH No. A-ALBEV9901.00 I have reviewed the site plan for the above referenced development and have the following comments: Preliminary Plan 1. The sanitary sewer easement along Lachman Avenue will have to be maintained at its current width. Repairs to the sanitary sewer, if necessary, would be accomplished by slip -lining the pipe. Due to the depth of the sanitary sewer this would have been the preferred repair method regardless of the proximity of the proposed buildings. Grading and Drainage Plan 1. The drainage calculations have been reviewed and found to comply with City standards. Since this development will be built in phases, the drainage calculation would be reviewed again when future phases of the development are implemented. 2. The proposed commercial property south of 57th Street drains to a proposed sedimentation pond in Outlot A. The pond's outlet into a wetland area within Outlot A which then drains to the large wetland area between Lachman Avenue and Lambert Avenue. The large wetland outlets into an existing storm sewer system in Landers Avenue. This proposed drainage system complies with City standards and with the City's storm sewer plan. 3._ The proposed commercial property north of 57th Street drains to either 57th Street or to the north to an existing drainage Swale along the north property line of the development. This drainage flows through the wetland complex and drainage system within the Sunrise Commercial Park, eventually draining across 1-94 and into School Lake. This area will Exhibit G An A,ffrmatfve Action, Equal Opp wuniry Employer 02/06/99 11:19 FAX 13202518760 SEH ST. CLOUD Q 003/003 6 require storm water detention in accordance with City standards. A storm water detention pond has been located just south of the new ice arena. There may be opportunity to expand this pond to accommodate the storm water from the north portion of the proposed development. 4. Drain tile is required in accordance with City standards in the rear yard area of the single family lots that do not adjacent to a wetland or storm water detention pond. The drain tile is intended to provide an outlet for sump pumps that would be installed in each home. 5. The wetland mitigation plan will be approved by the Wright Soil and Water Conservation District. The developer should be aware that the District has strict criteria regarding avoidance of wetlands wherever possible. Utility and Street Plan 1. Frontage Road would be considered a commercial/industrial road and shall comply with City standards. These standards include an 80-foot right-of-way and a 45-foot street width. 2. The southern portion of Lachman Avenue would be considered a residential street and should follow residential standards. The portion of Lachman Avenue north of the detention ponds should be widened to commercial/industrial road standards. 3. The minimum size of water main shall be 8 inches. The plan shall be revised accordingly. 4. It appears that there is an excessive amount of sanitary sewer proposed in the commercial portion of the development. Revisions to the plan would not be necessary until future phases of the development are implemented. As you are aware, 57th Street is being constructed as a City project. The street will be constructed to commercial/industrial road standards. The street will be widened at the intersection with CSAH 19. Four lanes are proposed at the west end of 57th Street with a center concrete median. A six-foot wide concrete sidewalk is proposed along the south side of 57th Street. A 12-inch water main is being planned to connect to the existing 16-inch water main along CSAH 19 to the existing water main at the east end of the proposed construction. This size water main is necessary to provide good fire flow to a commercial area. Please call me if you have any questions. c: Albertville Planning Commission Mike Couri, City Attorney Alan Brixius, City Planner Todd McLouth, John Oliver and Associates. An Affirmative Action, Equal Opportuairy Employer w i�� w w OC-It u0llrlL N+il N31M w w w w w w -• li ♦� IP i "'-i.^�ww .o-ltl It l a cwr �t I 1 - ----i ---- ---- Is rt sit. 1 Ii i � e n•ta n IN I dBdI 8 I III •SpK>,lt iN PC 1111 ,1:0 ... i.Nii. I Y�A ( II. I �' :: N'tN x : •tl•tt r rlf. 34A it 6 W R •• II �> [ J V W f Wt t t Y 1 1 Z i�t ti s 1( Ut I lilIO ij I�Ei, 1 .•lH •at Lt ;,�� - tt.•,ltt� - - = I ` ,•, as t •rtt Will - aa, - -{-d0117M-� _..�� -_-- �i i 1 M I r I r@ �\ ii 1 •I c .•OL1 •at J.. 1'Sr/ •r;S i' _ i yr• SI _ ' ORF'o . • US 111 I 1 I I II V I I i! a m crj. 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TREE PLANTING DETAIL TYPICAL TOWNMOWE STRIA PLAQWENT� DETAIL JUN-02-•99 06:50 AM DYNAMICS DESIGN And LAND 6124416604 P.02 a ion of Covenants, conditions �strictions 1C76AV aw— navu vw or cavEtunrns, a-x_z1,1-It1Ns I= �sInlcrToras 1111 S DMIARATI(Nt, made this _tiny of - by , a Minnesota corporation (hereinafter called Developer), WI17NF.S,St1171: Wll6RFAS, Developer is the owner of the real property described in Article; li of this Declaration, and desires to create thereon a residential ce mamnity with permminent parks, playgrounds, open spaces and other common facitition for the benefit or said ccm mnity, and G1NMAUS, Devoloppr has caused to be incorporated RTUGP.. DRIVE 7OR4I0USE ' ASSOMATION tender the laws of the State of Minnesota as a non-profit corpor- ation, to which shall he assigned the power and duties of maintaining and administering the cemwn areas and facilities and adminiaLaring and enforcing the covenAnts and restrictions and collecting and disbursing the asraesaments and charges hereinafter created, NOW, 111F.12T-TM, the Developer hereby declarer., the real property described in Article IT and such additions hereto as may hereafter he mule pursuant to Article 11 hereof is, and shalt be held, transferred, sold, conveyed and occupied, subject to the eovcnnnts, restrictions, eacenents, charges and liens herAirkifter set forth, AR'rl= I DEFINITIONS Section t, The following words, when used in this Declaration, or any supplemcntai Declaration (unless the context shall prohibit.) shall have the following m-knings: a. "Ass=irtion" shall refer to b. "Cexrrm Areas" shall refer to tot Block according to the recorded plat 'thereof (will be conveyed upon sale of first lot. See IV, Sec. 2). 1 , Exhibit K TetA V-/4•7v JUN-02-99 08:31 AM DYNAMICS DESIGN and LAND 6124418604 P. 03 c. "Propertion" Shall mcnn and refer to that certain real property here ihbefore described, and such widitions thereto as my hereafter be brought within the jurisdiction of tine Association. d. "Owner" if:: "'the record owner whether one or mure persons of a fee simple title to any lot which is r part of the properties including contract sellers but excluding those having such interest =rely as security for the performance of an obligation." e. "Member" shall refer to a member of the Association as provided in Section 1, Article III hereof. f. "Developer" shall refer to its successors and assigns. g. "RecreationnI, facilities" shall refer to structures, buildings And porsonal property, whether attachod or detached from the common areas, acquired by the Association for the use and enjoyment of owners. h. "Capital Improvement" shall refer to any construction of, reconstruction Of, substantial. alteration of, qubstantial repair of, or substantial addition to the physical am -pities on the cam*n areas, except that Installed or con- structed by the Developer at its expense and oxcept work performed by govern- montal bodies. i. "Mortgage" shall m-in and refer to any mortgage of record or other security instrurwvit by which a lot or tiny part thereof is enctimmimored. j. "Mortgagee" shall mean and refer to any person named as mortgagee under any such mortgage or any successors with an interest of such person under such mortgage. ARTICLE II PROPERTY SLWECT TO THIS DECLARATION ADDITIONS TtUWJ'O Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in the City of , County of Wright, and State of Minnesota, and is more particularly described as follows: 2 JUN-02-99 08:31 AM DYNAMICS DESIGN and LAND 6124418604 Y.M4 tots , Qlock 1, C=ron Area. riot . nicx-k is Ccmron Ar(±.i lornrcrl within hhA Plat of Addition which rent property shall hercinaftmr he referreA to as Feasting Property. Section 2. hdditicros To Cxi9tincLPrope Additional rent. pro rerty nny bcacx►, subject to this DeclnrAtion in tho following mnnner: A. Aklitions in accocctance with general plan of development. The dovelop- cmnt, its noccossors and assigns shall. have the right, without the consent of the mevix.rs to bring within rho scheme of this Declaration the Additional roal proporty drncrihed in Article II Section 3 and by this reference incorpora- ted herein for All rxirpr4w, in futtiro stales of development by Docm*)x:r 31, 1988; rrovided Lila rederal llwsing Administration or the veteran's Acdminis- trat:ion xhall havo tho right to veto any such future additions in the event that either of RUMn agencies determines that any Such future additions in not in accordance with the general plan cif develolvent herotorctre approved by ench of 0". h. AcIdit:ion,1 residential properly m y bec= a subject to this Declaration upon approval of two-thirds (2/3) of the members of each class of Association mrnd)ers. c. Additions Authorimd under this Article shill be ands by filing a Supplement.Ary DerinrAti.cm of Covenants, Conditions and Restrictions with ceaP-Ct to thu,. additional property and, after such filing, such additional prrTP.rties shall be subject to the Covenants and Restrictions of this Declara- tion. Such Supplementary Declarations stiall contain such complimentary additions And modifications of the Covm.mnt.s and Restrictions contained in this Declnratic+n as may he necessary to reflect the different chAracter, if Any, of tine ackw. properties and shall not be inconsistent with the Scheme of this Declaration. In no event, however, shill such Supplementary Declaration revoke, modify or Add to the Covenants established by this Declaration within tlx� t+xlttitnq F'roPcartY. 3 JUN-02-99 08:3 1 AM DYNAMICS DESIGN and LAND 61 2441 8604 P. 05 Section 3. Acktitional t'repee lint. ,Block Addition Lot 2, Block 1 Fdgcwr'W lyd lkklition according to the plat thereof on file and of record in the office of the Ccxtnty Recorder in Wright Cmunty, Minnesota ARrlCIZ III. M1MMS-112 MID VOrrtNG RICIFfs 1N 11M MMIA'PI@N Section i. Members. lbe qualirications of members and the manner of their a,%ni9afon into the Asssoc:iation shall be as follows: a• An owner shall be, by virtue of such interest, a member of this Association. h. Wlv n orx± or more persmis is an owner of r lot all such persons shell bc* mcah rc. C. It shall be the duty of each owner to register his name and the nature of his interest with the Secretary of the Association. If the owner dcr!o not register his interest, the Association shall be under no duty to recognize his ownership. d. 1he owners of e<-ich lot shall be collectively entitled to one vote. e. When thorn is more than one owner of a lot, the vote shall be cast by the person named in a certificate signed by all awners of the lot and filed with the Secretary of the As9ociation. Such cvrt,ificate shell be valid until revoked by a subseTiont certificate.. f. The shnre of an owner in the funds and assets of the Association cannot be assigned, pledged, encumbered or transferred in any manner, except as an arpurtennnce to his lot. Section 2. The Association shall be two classes of voting membership: Class A. Class A members shall be all Owners, with the exception of the Oeveloper, and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such tot shall be exercised an they determine, but in no event shall more than one vote be cast with respect to any lot. 4 L IJUN-02-99 08:32 AM DYNAMICS DESIGN and LAND 6124418604 P.86 Class B. The Class H mcdjor(s) shall be the r*clarAnt and Shall be ontitled to threp (3) votes for each Lot owned. The Class s rnoThership shall ceone and be converted to Clam A mmbership on the happening of eithar of the following events, whichever occurs earlier: ta) whon the total votes outstanding in the Class A manbership equal the total votes outstuxl.ing in the Class B mvd rship, or (b) on txcember 31, 1989. AR'!'ICr.F. IV L'RUfI !-i ItialpE IN 17l>_a -rN AREAS Section 1. Member's F.asanent of Pb lovment. )leery member ghil l hnve the following nonexclusive appurtenant easscments: a. Ingrosa and egress. b. A utility easement, an easement for water and sewer. c. Parking privileges. d. Right of over) -kind and eneroachmont of improvements on a lot which are inconsistent with the use of the canon areas by other members. P. Right and easement of enjoyment for recreational purpoee.e. Section 2. Title and Improvements to Common Areas. The Developer shall convey and reoord n.,rketAble title to the common areas to the Associ- ation prior to the conveyance of a fee title to any lot. Develc4*-r covenants and agrees with the Association that it will make and Sny for all improvements as set forth in the plans and .spocif.ica- tions on file with the Association and delivery of the Deed shall not constitute relesse of Developer iron, the obligation to perform such obliga- tines. Developer aril the Association shall formulate and reduce to writing a procedure for acceptance by the Association of the work to to performed pursuant to said plans and specifications. The Association shall file in the office of the Registor of Deeds a release of the Developer upon Develcx-r having fulfilled its obligations to improve the common areas. Until the Developer has completed the work as set forth in said plans and specifications, Developer shall have the right to enter upon the 5 JUN-02-99 06:32 AM DYNAMICS DESIGN and LAND6124418604 P.07 ccmncm Arens for the purpose of CM11eting such work. Section J._FxLenL• of h xr cis En csr�ents. Tfxt rights and casawnts Of enjoymrnt described herein and the title of the Associatimn to thno comwn areas RlialI bo subject to the following: A. Itim right of the Msocintion, in Accordance with its Articles and By-laws, to borrow umay for capital improvvmnts on the cam -on areas, and in Aid thereof to mortglgf, the cannon areas and the rights of such mortg:ngve in the omnon nrens sK-ill be subordinate to the rights of the rtrsNters hereunder. No indehtcdnoss authorized by this subsection shAll oxcPrA twig the sum of the annual asanAsnrnt levied or Mrmitf.od to bn levied against all lots. b. The right of thin Am.w=iation to take such steps as are reasonably necessary to protect the eamon areas against foreclosure. c. Vie right of the Association, as provided in its Articles and By -Laws, to Surtreml the enjoyment rights of any member for any period during which any assessment remains unpaid, And to suspend the said enjoy- Pant rights for any period not to exceed sixty (60) days, provided, lx*wever, tlkit nothing contained in this paragraph 3c shAll be deaned to deny any owner easn nt for access and utility purposes. d. The right of the Association to charge reasonable admission and other fees for the use of the cannon areas. e. The right of the Owner of each lot to an exclusive easement on the camron Areas to areas occupied by fireplaces, roof overhangs, air conditioning cmpreneors, flower boxes, decks, balconies, and other appur- tenances which Are part of the original construction of any improvement or which are added fursuant to the provisions of Article IX hereof. f. 'Ilia right of individual members to the use of parking sp-tces as provided in Article v hernof. Section 4. Dcleaatton of Use. Any owner may delegate, in accord with the By-Lnas, his right of enjoyment to the cartoon areas and facilities to his tenants who reside on the property and to menbers of his family and his guAsty. 6 JUN-02-99 08:52 AM DYNAMICS DESIGN ancf LAND 6124418604 V.fdw Sect-ion-L. Taxes and Special Assessments on Co mon Areas. The A.gsaciation shall have the right, power and authority to collect such 2evicn ns part of the annurxl. a. etsmto►t, if such taxes and special asmes arms are not cullect-Od by the gotmernmental body from the owners or p" id by the owners to the govern enlal body when the same is due and payable. Section 6. Use of the Comm Areas. The Comm areas shall be usod strictly in acecfrdan:R with the easements granted thereon. Except as herein provided, no owner shall obstruct. or interfere whatever with the rights and privileges of other owners in the comon areas and nothing shall -tee plantml, altered, constructed upon or r r&md by an owner from the common arenas, except by prior written dent of the Association. If an owner shall violate this section, the Association shall have the right to restore the common areas to its prior condition and assess the cost thereof against the owner who violates this suction and such coot shall become a lien upon the lot of such owner, which shall become due and pnyablo upon demnnd. The Association shall have the right and powers to collect the cost of such restoration as provided in Article VI for the collection of delinquent annual assessments. If an owner interferes with the rights and privileges of another owner in the use of the common areas, except as heroin provided, the Association or the owner my commence an action to enjoin such interfererce and the prevailing party stall be entitled to recover such reasonable attorneys' fees as the court may allow together with all necessary coats and disbursements incurred in connection therewith. ARTICLE V. RIClnS AND OBLIGATIONS OF TIM ASSOCIATION Section 1. Common Areas. The Association, subject to the rights of the owners set forth in this Declaration, shall be responsible for the, exclusive amnagement and control of the oompn areas and all improve- ments thereon (including furnishings and equipment related thereto) and shall keep the same in good, clean, attractive and sanitary condition, order and repair. The Association shall be responsible for the maintenance 7 JUN-02-99 86:33 AM DYNAMICS DESIGN and LAND 6124418604 Section 6. Assessments and installments thereof paid on or before ten (10) clays after the date when due shill not beer interest, but all suns not paid on or before ten (10) &iys after the date when due shill bear interest at the rate of eight percent (8%) per annum fro..s the date when due until paid. All payments upon account ehill be applied first to interest and then to the assessment payment first due. All interest colloeted shill be credited to the coamn expense account. Station 7. No membpr m.)y exevpt himself from liability for his contribution towards the comron expenses by waiver of the use or enjoyment of any of tho cammn areas and facilities or by the abandormcnt of his lot. Section S. All sums assessed by the Association shall constitute a lien on each lot on the dates hereinbefore specified which shall be prior to all other liens exc*pt only the following., Tax liens and liens for special assessments in favor of any taxing And assessing unit, and All sums unpaid on any first mortgage recorded prior to the date the sums assessed by the Association became a lien. Such lion early be foreclosod by action in like manner as a foreclosure by action of a mortgage on rea) property. The Association shall have. - the power to bid in at foreclosure sale, and to hold, lease, mortgage and convey the lot so acquired. An action to recover a money judgment for unpaid cam= expanses way be brought. The purchaser at foreclosure sale of a first mortgage of record and his succ-Asr.ors in interest shall upon expiration of the r*riod of rw)cq)ti.on,-h old title to the lot free and clear of any existing lien for assessments arising subsequent to the recordation of said first mort- gage, and such purctkiser arxi his successors in interest shall not be personally liable for such assessments. Any such unpaid assessments shall thereupon be spread over and become a lien on all lots in equal shares. 10 ' P. 09 Ir .JUN-02-99 08:33 AM DYNAMICS DESIGN and LAND 6124418604 P. 10 ARTICLr VII INSURANCr Section 1. Casualty Insuraru^e on InaV4029_CaWvn Area. The Association aMll keop all insuranle improvements and fixturos of the Cam+on Brea insured against loss or danoge by fire ror the full insuranco replace- mont cant thereof, and may chtain insurance against such other haznrds and casualties an the Association may dean desirable. The Asaociation may also insure any other property whether real or personal, owned by the Association, again loss or d&vmge by fire and such other hazards As the Anaocinti.on my deem desirable, with the Association as the owner and beneficiary of such insurance. The insurance coverage with respect to the Cmmon Area shall be written in the name of., and the proceeds thereof shrill be payable to the Association. Insurance proceeds shall be used by the Association for the repair or replacement of the property for which the insurance was carriers. Premic+ma for All insurance carried by tho As.wxAntion are Carron Expenses includW in the Common Ms;essment" mado by the Association. In addition to casualty insurance on the Common Area, the Association, through the gird of Directors, Mn elect to obtain and continue in effect, on behnlf or all Owners, adequate blanket casualty and fire insurance in such form as the Board of Directors deans appropriate in an amount egtkll to the full replacement value, without deduction for depreciation or coinsurance, of all of the Dwelling Units, including the structural portions and fixtures thereof, owned by such owners. Insurance premiums, from any such blanket insurance coverage, and any other insurance premiums paid by the Aseociatlon shall be a Com= Ekpen€ee of the Annociation to he included in the regular Camnn Assessments of the C mers, as m JUN-02-99 09:33 AM DYNAMICS DESIGN and LAND 6124418604 P.11 levied by the Association. The insurance coverage with respect to the Oweiling Units shall he written in the nmw of, and the proceeds thereanf shall bo paynblet to hhe Association as Trustee for the lkxrerners. Section 2. laeement or it of Fr rt In the event of da.1ge� to or destruction of any pert of the Common Area Improvawnta, the Association ahA11 rprair or replace the $Pone from the insurance proceeds available. If such insurance proceeds are insufficient to cover the cn.4ts of r". J.r or xepilewent of the property dwaged or destroyed, the Association may make a Reconstruction Asace-nest against all Lot Ownore to cover the additional cost of repair or replacen*nt not covered by the insurance proceeds, in addition to any other Canron Asseswente made against such Lot Owner. In the: event that the Association is maintaining blanket casualty and fire insurance on the Dwelling Units on the Lots in the Properties, the Association stall repair or replace the: came from the insurance procee;rls available. Section 3. hinual Review of Policies. All insurance policies shall be reviewer] at least annually by the eonrd of Directors in order to ascertain whether the covorage contained in the policies is sufricienL to make any necessary rcrmirs or replAcement of the property which may have tX:@n dam190d or dostroyed. ARTIC1,F VIII PARTY WALLS Section 1. General Ruleg of law to Apply. Each wall which is built as part of the original construction of the hares in Ridge Drive Townhouse 12 JUN-02-99 88:34 AM DYNAMICS DESIGN and LAND 6124418604 P.12 t Asvociattnn, and planed on the dividing liar_ between the lots slsnll con- stitute n E»rLy wall and to the extent not Inconsistent with the,provisionr, Of thin Article, the goneral rul.cs of inw regarding rArty walls And of "liability for party dnmagea due to negligent of willful acts or emissions shall apply thereto. Section 2. Share of Pamir and Maintenance. 'rho cost of reasonAhle repair And Maintenancle of a party wall shall be shared by the ownr±rs wiio mike usn of the wall in proportion to such use. Section 3. Destruction by Fire or Other Casualty, If a party wall is destroyed or dmgnd by fire or other casualty, either owner who has used the unll may restore it, and if the other owner thereafter makes use of the wall he shall contributa to the cost of restoration thereof in prorvntian to such use without prejudice, however. to Our right of any rtx-h cwwr to call for n larger contribution from the others under any rule of law regarding liability for negligent or wilirul Acts or omissions. Section 4. weatherproofinq. Notwithstanding any provisions of this Article, Any owner who, by his negligent or willful act, causes the party wall to be expoRed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section S. Right to Contributions Runm with land. The right of any owner to contribution from any other over under this Article shall be Rppurtenant to the ]And And shall pass to much owner's successors in title. Section S. Arbitration. In they event of any dispute srisinq concerning R [virty wall, or under the provisions of this Article, each party shill choose one arbitrator and such arbitrator shall choose one additional 13 JUN-02-99 08:34 AM DYNAMICS DESIGN and LAND 6124418604 t P. 13 arbitrator and the decision of a majority of all the arbitratorr, shaU be final and crnclugive or the question involvod. ARrICt.B IX 1Ett1MLlfiAL SPNI I, MWITI'E`E Review by Committee. From and after the crrriletion of construction and rrtP of any Lot within Tao Association, no building, fenco, ", I or other structure s+h n1l be eamsenced, erected, or maintained upon such Lot, now shall ally exterior addition to or change or alteration therein be made until the plans and s9prcifioltions showing the nature, kind, shape, height, materials and location of the same shall have baisn Submitted to and approved in writing as to hrrmony of external design and location in relation to surrounding structures and tapogrnphy by the Association or by an architectural committee carpoxed of three or more representatives appointed by the Association. In the event the A.aroclAtion ratin to approve or disapprove such design arx3 location within thirty (30) cloys after said plans and specifications have boon submitted' to it or in any event if no suit to enjoin the addition, alteration, or change has been ccmmnced prior to the ompletion thereof, approval will not he tecissired and this Article shall be deemed to have been fully complied with. The prevailing party in nn action hroughL by the Associ- ation pursuant to this Article shall he deemed entitled to recover from the other party r(hisonnble attorneys, fees together with all necessary costs and disbursements in connection therewith. ARPICLE X E)nTRIOR mAlb I'Er17 WE S"-tien 1. Exterior Maintenance. In addition to maintenance upon the ccrm'5n arpal4, the As.9ociaticm n y provide exterior maintenance upon each Lot which is subject to assessment under Article VI Mroof as follows: to paint repair, replace, or recondition roofs, gutters, downspouts, exterior building sufnces, tr0c.y, 4hrubs, grass, walks and roadways. 14 ',TUN-02-99 08:54 AM DYNAMICS DESIGN and LAND 6124418604 P- 14 ■ Section 7. Other Opintenivnce. In addition to the maintenance describcd in'qpctton t horpof, the nseociation may also provide the maintenance of sewer and water lines and systarn which lines and systclms are owned by the Association. Section 3. _Access at Reasonable tours. For the purMse solely of per- forming the exterior and interior maintenance authorized by this Article, the Association, through it9 duly authorized agents or eq)loyees, shall have the right after reasonable notice to the owner, to enter upon any nt at reasonable hours of any day. ARr1C1,F. XI R§DOM Section 1. Extent of Mutual Easements. The title of a lot !shall include an exclusive easement on th adjoining Lot or Lots on area occupied by fireplaces, roof overhangs, air conditioning campressors, decks, balconies, flower boxes, utility installations and other appurtenances, which are {kart of the original construction of any improvement on'a lot or which' are added pursuant to the provisions of Article IX hereof. The title of the adjoining Lot or Lots shall be subject to such easements. Section 2. Other Rights and Obligations of the Association. The Associa- tion, subject to the rights of the owners as set forth in this Declaration, shall be responsible for, and be vested with, the exclusive management and control of the common areas and all improvements thereon (including furnishings and equtprent rplated thereto), and shall keep the same in good, clean, attractive and sanitary condition, order, and repiir. There %hall,be no obstruction of the common areas except construction materials and equipment during the construction period or except as specifically provided herein. Nothing shall be nitered on, constructed 15 JUN-02-99 08 :35 AM DYNAMICS DESIGN and LAND 6124418604 P.15 in, or removed from the cmean Areas except upon the prior written consent of the Association. Nothing contained in this Declaration shall be construed or deemed to constitute a dedication, exprre3n or impliod, of any part of the cannon areas to or for any public rose or purpose whatsoever. ARTICLE. XII ADDITIONAL RE:S'i'RIMONS Section 1. No lot SM31 be uaed except for residential purposes except that Developer shall be entitled to maintain Mo" Townhouses upon the lots. Section 2. No animals, livestock or poultry of any kind shill be raised, bred or kept on any lot except that dogs, cater or other household pots may he kept inside, provided that they are not kept, bred, or minin- tained for any commercial purpose and that further provided that no more than two (2) cats and/or dogs shall be permitted without Association approval in writing. Section 3. No sign of any kind shall be displayed to the public view on any lot, except that a "For Sale" sign may be displayed provided that it is in such form as the Association my require, except that Devel- opor shall be permitted to erect and maintain upon the properties such signs an it de m appropriate to adiertise the development until the Developer conveys the last lot. Section 4. Garbage, rubbish, and trash Shill not be kept on a lot except in sanitary containers. All incinerators or other equipment used , or kept for the Storage or disponaal of Ruch material shall be kept in a clean and sanitary condition. Section S. No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which msy be or mmy become an annoyance or a nuisances to the neighborhood. 16 ' I .4UN-02-99 08:35 AM DYNAMICS DESIGN and LAND 6124418604 P.16 Section 6. No structure of m tmpornry character, trailer, bZsamnnt, tent, shock, garage, tern or other building shall bo used on any lot or the cannon arena at any time as a residence, either tamnrarily or persrnnnontly. gestic 7. No television or radio antennae shall be erected or placed upon the exterior of a lot. Section 8. No clothes linos shall be permitted upon a lot. Section 9,_ No detaclicd garage lot shall be owned by, leaned to, or rented to any pe•.rsem or entity not also an "Owner" within the meaning of Article 7, Section 1. Section .10. E'ach lot ,shall be used for residential purM.aes only. No improvement or atructuro whatever, other than single family dwelling houRee, together with any garage, fence, patio, or other structure accessory to the dwelling house and approved by the Architectural Control Carmittee may be erected, placed, or nnintainod. Section 11., All sporting equipment, toys, outdoor cooking equilrent, (except Vormanent instillations), and other equipnent and supplies necessary or convenient to residential living 9ha11 be enclosed or shall b. ncreencd from view. The storage or collection of rubbish of any character whatso- ever, any material that emits foul or obnoxious odors, the growing of any noxious weed or other natural substances. No lot shall be used for the estorago of nt terialss not custanary to or necessary and convenient" for residential living. Station 12. Residents shall exercise extreme care about making noises or tho use of muscial instruments, radios, television, and mTplifiers that may disturb other residents. ARTICLE XIII GENERAL PROVISIONS Section 1. Duration_ The easements created hereby shall be permarnP.nt and the caveanants and restrictions Contained in this Declaration shall 17 JUN-02-99 06:35 AM DYNAMICS DESIGN and LAND 6124418604 run with and hind the ima and shall inure to the bonefit of an bn enforce- able by the fttociation or the owner of any lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date of this Declaration is recorded, after which time said covenants and restrictions shall be auto- mtically renewed for successive periods of ten O0) yearq. Section 2. Amendment. This Declaration may be anarrled during the first twenty (20) year period by an instrument signed by not less than seventy- five percent (751) of the lot owners, and thereafter by an instrument eignad by not less than sixty-aix and two-thirds (66 2/31) of the Lot Owners. Any amendment must be recorded. Section 3. Notices. Any notice required to be sent to any member or owner under the provisions of this Declaration shall be deemed to have been property sent when mMled postpaid to the last known Address of the person who appears as mwber or owner on the records of the Association at the time of such Railing. Section 4. Lnforemnent of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons vio- lating or attempting to violate any covenant or restriction either to restrain violation or to recover damages and against the land to enforce any lion created by these covenants; and failure by the Association or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of a right to do so thereafter. Section S. The singular shall be deemed to include the plural whereever appropriate, and unless the context clearly indicates to the contrary, any obligations of the owners or menftrs shall be joint and several except where the context otherwise requires. Section 6 Severability. Invalidation of any one of these covenants or restrictions by judgment or Cairt Order shall in nowise effect any ` ,JUN-02-99 08:36 AM DYNAMICS DESIGN and LAND 6124418604 t'.1L3 r r rr rr r r r r r r r i 1 r r r, i rr rr � � r No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representadves appointed by the Board. In the event said board, or Its designated committee, fails to approve or disapprove such design and location within thirty (30) days after such plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully compiled with. A. No lot shall be used except for residential purposes and except that Declarant shag be entitled to maintain model townhouses upon the lots. B. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one (1) square foot, one sign of not more thane live (5) square feet advertising the property for sale or rent, except that Declarant shall be permitted to erect and maintain upon the Property such signs as it deems appropriate to advertising the Property until The Declarant conveys the last lot. C. No animals, livestock or poultry of any hind shall be raised, bred, or kept on any lot except that dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purposes. t� D. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, o or other waste. Garbage, rubbish and trash shall not be inept on said premises except in sanitary containers. All incinerators or other equipment used or kept for the storage or disposal of such material shall be kept In a clean and sanitary condition. E. No obnoxious or offensive activity shall be carried on Upon any lot nor shall anything be done thereon which may be or may become annoyance or nuisance to the neighborhood. F. No structure of a temporary character, trailer, basement, tent. shack, garage, barn or other building shall be used oo any lot at any time as a residence, either temporarily or permanently, JUN-02-99 08:36 AM DYNAMICS DESIGN and LAND 6124418604 P.19 . 1 r exception to this rule. No more than two (2) cats and/or dogs shall be permitted without Association approval in writing. Pets requiring permits with the city must be kept up per ordinances & guidelines. (See attached back pagesCopies of these must be sent to board of Directors for reference filing for Insurance purposes & protection & safety of other home owners. 3. Auto repairs are not permitted outside the garage. No inoperative car or vebicle shall be left outside garage for longer than 72 hours, after which the vehicle will be removed at the owner's expense. 4. The common parking areas were designed for the use of short term visitors and the guests of residents. Garages and an area from the middle of the walkway to directly in front of the garage, are to be the prime parking area for the residents own vehicles. It is the responsibility of the homeowner to inform pats of the parking requirements. 5. Parking is not permitted in parking driveways during the prescribed time of contracted snowplowing, during their cleanup after a snowfall. 6. Boats, boat trailers, utility trailers, trailers, recreational equipment and vehicles, commercial equipment and vehicles shall not be stored on the common ground area or A" area ellerna.1 to the, haMe orgar_ar 7. Motorized vehicles such as motorcycles, snowmobiles, mini bikes, etc., are lA on the common grounds. Access to and from the home is allowed only on paved %treets. No parking on cement patios. 8. Keep garage doors closed when not in use. Do not encourage vandals and thieves. Residents are urged to park their cars in their garage when not in use. 9. Refuse and garbage containers are to be kept within the garage. Containers & Large plastic bags securely tied may be placed out for garbage pick-up no earlier than 9.00 P.M the night before pick-up and left out no later than 10:00 p.m. the day of pickup. $cj'ysg ota� ced out for j11cL-u2 in metal gr plastic mumble conWipgrs must be removed by 10.00 p.m. the day of pick-�, 10. When common ground is used for recreation, it is the responsibility of the individual involved to remove all recreational equipment and POLICE T AREA - If. Permanent _fixtures for recreational equipment by the individual homeowner are not permitted. This includes the Exterior of the home and garage. Holes resulting from the use of'poles (badminton, volleyball, etc.) on the common ground will be refilled and covered when poles are removed. 12. Play areas and all common grounds for children are to be kept close and free of pet litter. 1ht spans_ ib l ty rfae with the pgrtn;. Children not belonging to a townbouee, or not a guest of a homeowner or their child, are not allowed and should be discouraged. Our homeowners association is responsible for accidents occurring to intruders. 1. Additions such as plants, shrubs, rocks, etc., are encouraged. But as this change would affect the environment, It is also subject to approval. Plans for planting should be submitted by means of a sketch to the ACC. or B.O.D.. 2. Planting in the courtyard or patio area shall not extend through the courtyard fence or over the fence and beyond cement patio areas. JUN-02-99 08:36 AM DYNAMICS DESIGN and LAND 6124418604 . I .. 3. The patio area is classified as Exterior and all alterations and additions are subject to the ACC. approval procedure or H.O.D.. 4.- Fiower boxes, containers or enclosures and their contents visible on the exterior wall or deck must have the approval of the ACC. or B.O.D.. If permanent containers are attached to the Exterior_ the hemmanor becomes rgpnQle for malnt nan a not covered by maintenance personnel due to the obstructions. Guidellno for the!CoUtUards 1. Any structural addition or alteration to the courtyard is subject to the approval of the ACC. or B.O.D.. DsGnition3-. Exterior of hom - As used In the following guidelines, will include the exterior facade of home and garage, exterior patio and balcony. For information on courtyards sec specific guidelines for such. -ommoa .rb n -4 - Are considered driveways, roadways, walkways, and any area not part Of the home, entrance courtyard, balcony or exterior patio. ASS, - architectural Control Committee - L0. - Board of Directors. Guidelines for Additions or A torations to :t rior• I. Hanging planters, birdhouses and bird feeders are to be submitted to the ACC. or B.O.D. for approval on an individual basis. 2. Painting and staining of the Exterior of the home and garage and courtyard fence by the individual homeowner is not permitted unless approved In writing by Board of Directors. -Minor touch-ups are permitted provided the same paint or stain as the original is used. 3. Conformity of house numbers and mailbox numbers must be maintained. No sign of any kind shall be displayed to the public view on any lot except one professional sign (example: garage sale or item for sale, etc,) of not more than one (1) square foot, to be: displayed not more than 3 days and oat sign not more than five (3) feet square for advertising the property for sale or rent 4.. Newspaper boxes are not permitted on Exterior or mailbox post unless otherwise specified by the City of rules & ordinances & Post Office there with. S. Shade umbrellas, shades, awning, tents end screcabouses shall not be attached to the Exterior of the home, garage or patio. 6. No additional exterior lighting or alterations of existing fixtures on a lwrmanent basis. Holiday lighting and decorations are limited to December ist thru January 10tb. DESIGN LAND CO, 544.3RQ STREET NW ELK RIVER, MN 55330 PHONE (612)441-8591 FAX (612)441.8604 FAX TRANSMISSION '�`' To: Z 1;z Fax N -Zv- 2t'- tar 2 From: Number of pages sent includicg cover sheets Date: , 0 Time: Remarks: If you should experienc-C ny difficulty with this fax transmission, please call: 612 - 441 - 8591 L0'd b098Ibb2I9 QN"i pun N9Is3a 93iwwNAa wko ££:80 66-sT-Nnp --------___-------------------------- q �Z7 /0 I 6pN r - — — — — — — — — — — — — — K L— / / ( M��QQyQy8 I �}�i�I �� Cp N � � � ]lr / � ►J v / b31 !N n rN i -- / � o ► I N >¢I I � ;g / .. ' Ime, gemM s � �8 M ? 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Jim local businesses BeneIits to. the Comtnunity The Community's cultzrre and values will be enhanced by ... ■ Producing a safe and healthy environment for all ■ Mobilizing citizens to take charge of their own health and safety ■ Intensifying awareness of th community's problems � ■ Allocatina cost sa visas to other worthy efforts I . R O ^� p W W rli .iUi O�,,QU � •� p �i ++ i�.l p .p pp +' So40 CA •i3 � � w `$ � :cc b Im e� � �,� boato U U .9 CY 2. 8 1 O W I W ^«s" P. 1 ai ►.. a _ V x .s • • s . • . . • . .. 9 AB Aa 15 vo- _ � c 78 L� 04 rA p m tn tA p Robert & Peggy Harlander 10618 - 61s` Street NE Albertville MN 55301 (612) 497-5405 June 1, 1999 City of Albertville Attn: City Council 5975 Main Avenue PO Box 9 Albertville MN 55301 Re: Street Lighting Dear Sir/Madam: Early 1999, the neighborhood submitted a petition for a street lamp on the corner of Kahler and 61s` Street NE. My husband and myself signed this petition. To our understanding, the street lamp has been approved. However, the placement of the street lamp will not be on the corner like it was anticipated. The street lamp is to be installed in our yard, which we are two houses down from the corner. Wednesday, May 19, 1999, I contacted the City of Albertville requesting information about the zoning and placement of this street lamp. At that time, I expressed that my husband and I do not want the street lamp placed in our yard. I was directed to the NSP Street Lighting Division. Upon speaking with Bruce of NSP, he stated he would put the installation on hold until further notice from the City of Albertville, but I needed to speak with the City Clerk of Albertville. On Thursday, May 20, 1999, I spoke with Linda. She told me the same information that Bruce stated, however, she would look into this situation and get back to me. I received a return call from Linda on Monday, May 24, 1999 which she explained to me that the best placement for the street lamp would be our yard because of the electrical boxes. Our concerns are as follows. We currently have an underground pet containment system, which involves a wire run about two inches under the sod around the perimeter of the yard. Hooking a street light to the electrical box in our front yard would involve trenching our yard resulting in destruction of our underground pet containment system. The other issue we are concerned about is the stability of the ground in that corner of the yard. The ground surrounding the area which the street lamp would be placed, never dries out. The weight of the light in a strong wind would result in the light falling causing damage to personal property or even bodily injury. Therefore, we are making a request that the street lamp not be placed in our yard. Please reconsider the placement, possibly on the corner where the neighborhood would like it designated. Please notify us in writing as to your decision regarding this situation. Thank you for your time and consideration in this matter. Sincerely, Peggy A. Harlander J