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1999-08-16 CC PacketALBERTVILLE CITY COUNCIL AGENDA August 16, 1999 7:00 PM -�-,� 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES • August 2, 1999, regular City Council Meeting 3. CITIZEN FORUM- (10 Minute Limit) 4. CONSENT AGENDA • Approval of Check #'s 12059 - 12098 5. SPECIAL ORDER - PUBLIC HEARING • Housing Program and Issuance of Revenue Bonds to Finance a Housing Program Under Minnesota Statutes, Chapter 462C, For the Acquisition of a Senior Housing Facility M,;,, a. Approve Program for a Multifamily Housing Development b. Resolution # 1999-42 [Resolution Authorizing the Issuance and Sale of,, 10 Multifamily Housing Revenue Bonds (The Cottage of Albertville Project), Series 1999A; Taxable Multifamily Housing Revenue Bonds (The Cottages of Albertville Project), Series 199913; and Subordinated Multifamily Housing Revenue Bonds (The Cottages of Albertville Project), SeriesP99j t C `7jo 6. DE AR MENT B SIN SS a. Public Works • Report b. Engineering F-�•u t-1111 g g (1) Ordinance # 1999-5 (Minimum Review Points for Storm Water Sp0 Pollution Control for Urban Land Disturbance Activity Ordinances) - ' For Discussion Only '7;SS (2) Change Order No. 1 - 57`h Street Extension g ; 0S(3) Layout for new park g; if (4) Cost estimate for shared parking lot with ice arena g ; f7 (5) 57 h Street trail costs r c. Legal S LS (1) Final Plat for Albertville Park & Rec �}-30 (2) Park View Place 2"d Addition Developer's Agreement d. Administration g 13 (1) Resolution #1999-41 (A Resolution Setting the Hourly Wage for the Secretary/Deputy Clerk) (2) A prove A for water/wastewater operator 7 3. 094 � �; © - 7. ADJOUAMENT ALBERTVILLE CITY COUNCIL August 2, 1999 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Patti Stalberger, Duane Berning and John Vetsch, City Administrator -Clerk Linda Goeb, City Attorney Mike Couri and City Engineer Peter Carlson Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add Item 5b(3) - Resolution #1999-40 ( Relating to Parking Restrictions on CSAH 19) • Add Item 5b(4) — 57d' Street Trail Stalberger made a motion to approve the agenda as amended. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the July 19, 1999, meeting as presented. Gundersen seconded the motion. All voted aye Stalberger made a motion to approve the minutes of the July 20, 1999, special meeting as presented. Vetsch seconded the motion. Stalberger, Vetsch, Olson and Berning voted aye. Gundersen abstained. The motion carried. Mayor Olson asked if anyone present wished to address the Council under the Citizen Forum portion of the agenda. No one wished to address the Council. At the request of Councilmember Berning, Check # 12008 in the amount of $221.15 to Dott International was removed from the consent agenda. Payment for the firefighters grave markers will be made by the Fire Relief Association. Gundersen made a motion to approve payment of Check Ws 11996 - 12007 and Check Ws 12009 - 12040 as presented. Stalberger seconded the motion . All voted aye. Gundersen made a motion to approve a reduction in the Letter of Credit for Cedar Creek North I" and 2nd Additions to $85,000. Stalberger seconded the motion. All voted aye. Y ALBERTVILLE CITY COUNCIL August 2, 1999 Page 2 of 3 Gundersen made a motion to approve a reduction in the Letter of Credit for Cedar Creek South P Addition to $100,000. Stalberger seconded the motion. All voted aye. Gundersen made a motion to approve the Revenue/Expenditure Report for May 1999 as presented. Stalberger seconded the motion. All voted aye. Gundersen made a motion to approve the Revenue/Expenditure Report for May 1999 as presented. Stalberger seconded the motion. All voted aye Stalberger made a motion to accept the Public Works Department report as presented. Gundersen seconded the motion. All voted aye. City Attorney Couri explained that Land of Lakes Stone Co./GEM Development has requested that the $16,750 Park Dedication fee and the $6,960 Trunk Water Line Charge required by the Developer's Agreement be specially assessed to the property rather than paid directly to the City. City Administrator Goeb recommended the trunk water line charges be specially assessed but that the City require immediate payment of the park dedication fees, as the City has many uses for the park dedication funds now. Berning made a motion to assess the $6,960 Trunk Water Line Charges to the Gem Business Park property over a five year period at an interest rate of one and one-half percent (1 1/2 %) over the bond interest rate and to collect the $16,750 park dedication fee at the time the plat is released. Gundersen seconded the motion. All voted aye. Duane Day presented an update on the fire hall building. Dayid Remely, an architect revising the building plans reviewed the changes discussed with the building committee. Councilmember Berning suggested that unless there is a cost - savings to the City, the design should remain as it was originally approved. The architect will discuss cost savings with the general contractor and report to the building committee. The final plans will be reviewed by the Building Committee and a recommendation to the Council will be made. City Engineer reported that a pre -construction conference has been scheduled for the 62°d Street Improvement Project on August 9`". r ALBERTVILLE CITY COUNCIL August 2, 1999 Page 3 of 3 The pipe work is completed on Lachman Avenue NE and sand and gravel work should be underway by the end of the week. The fire hall site will also be graded next week. Stalberger made a motion to adopt RESOLUTION #1999-40 titled RELATING TO PARKING RESTRICTIONS ON CSAH 19. Gundersen seconded the motion. All voted aye. Carlson reported that Pilot Land Development has received bids for the installation of the trail along 57 h Street at $11 per running foot. This is cheaper than the $15-$16 per foot bid the City received last year. Carlson recommends that the City proceed with the trail construction under Pilot's bid. Vetsch made a motion authorizing the construction of the trials along 571' Street at a price of $11 per running foot. Stalberger seconded the motion. All voted aye. Stalberger made a motion to adopt ORDINANCE #1999-4 titled AN ORDINANCE AMENDING THE ALBERTVILLE ZONING ORDINANCE MAP TO REZONE CERTAIN LANDS ALONG LACHMAN AVENUE TO R-4, LOW DENSITY MULTIPLE FAMILY, IN COMPLIANCE WITH CITY COUNCIL FINDINGS OF FACT, contingent upon a signed Developer's Agreement. Berning seconded the motion. Olson, Stalberger, Berning, and Gundersen voted aye. Vetsch voted no. The motion carried. Stalberger made a motion not to join in the membership of the Minnesota Association of Small Cities. Berning seconded the motion. All voted aye. Councilmember Vetsch requested that the Council formulate a plan of action regarding what services, etc., the City may be willing to consider prior to the joint meeting with the City of Otsego. Mayor Olson asked the Councilmember to consider this and bring any ideas to the next Council meeting. Berning made a motion to adjourn at 8:25 PM. Gundersen seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, City Administrator r , CLAIMS FOR PAYMENT August 16,1999 Check No. Vendor Purpose Amount 12059 Affordable Sanitation Portable Toilets - Parks $ 287.60 12060 AirTouch Cellular PW Cell Phone $ 6.12 12061 CarQuest Monthly Charges $ 4.32 12062 Catellus Management Lease Payment 12197- 6199 $ 2,796.16 12063 Construction Bulletin CSAH 19 Improvement Project $ 211.70 12064 Couri & MacArthur Legal Services $ 4,404.00 12065 Crow River Farm Eq. Iron $ 36.51 12066 Danko Emergency Equipment H-Back Suspenders $ 96.97 12067 Diversified Inspections Inspections $ 6.829.26 12068 DJ's Total Home Care Monthly Charges $ 382.70 12069 Don's Auto Monthly Charges $ 147.44 12070 Eggen's Direct Service Monthly Charges $ 81.24 12071 Eull Concrete Products Adjusting Rings $ 34.77 12072 Farris, Robert Refund of B99-139 $ 41.85 12073 Firstar Trust 1989 GO Refunding Bond $ 28,252.50 12074 Gopher State One Call Locates $ 514.50 12075 Granite Electronics Repair FD Radio $ 313.70 12076 Harvest Printing Office Supplies $ 250.89 12077 Larson Publications July Legals $ 393.19 12078 Menards Landscaping Blocks $ 139.05 12079 Midwest Playscapes Oakside Park Equipment/Installatio $ 36,146.73 12080 Minnegasco Monthly Service $ 27.62 12081 Minnesota Copy Systems Copier Use $ 105.74 12082 MN DTED PFA Laon Payment $ 49,965.26 12083 Monticello Animal Control July Animal Pick-ups $ 54.00 12084 City of Monticello June Animal Control $ 297.00 12085 NSP Monthly Service $ 3,386.44 12086 Northshore Compressor Oil & Filter for Compressor $ 346.23 12087 NAC, Inc. Planning Services $ 3,428.66 CLAIMS FOR PAYMENT August 16,1999 12088 Office of the State Auditor TIF Seminar - Linda $ 50.00 12089 Pars 66 Monthly Charges $ 210.12 12090 Plaisted Companies Sand - Oakside Playground $ 128.74 12091 Schulte's Greenhouse Landscaping Fabric $ 40.00 12092 Springsted Bond Issuance Fees $ 30,564.51 12093 Sunshine Lawn Service Sprinkler System - JC donation $ 657.00 12094 Superior Services Garbage Service $ 174.41 12095 Valerius, Bill Reimbursement for FD Supplies $ 30.88 12096 Weber Oil Company Diesel Fuel $ 51.85 12097 Wr. Co. Treasurer Agust Police $ 8,942.50 12098 Wright Recycling June Recycling $ 1,547.75 Total $ 181,379.91 r � City of Albertville Notice of Public Hearing on a Housing Program and Issuance of Revenue Bonds To Finance a Housing Program Under Minnesota Statutes, Chapter 462C, For the Acquisition of a Senior Housing Facility To Whom It May Concern: NOTICE IS HEREBY GIVEN that the Albertville City Council (the "Council") will hold a public hearing on Monday, August 16, 1999 at or after 7:00 p.m. at City Hall in the City of Albertville, Minnesota, to consider a housing program for the issuance of revenue bonds under Minnesota Statutes, Chapter 462C, as amended, to finance a housing development in the City (the "Program"). At the public hearing, the Council will consider adoption of a resolution approving the Program and giving preliminary approval to the issuance of revenue bonds under the Program. The aggregate face amount of revenue bonds proposed to be issued to finance the Program is presently estimated not to exceed $4,000,000. The project proposed to be financed under the Program consist of the acquisition of a recently constructed 44-unit residential rental facility for senior citizens south of 574' Street NE, between Kalland Avenue and Wright County Highway No. 19, in the City, to be initially owned and operated by Group for Affordable Housing, a Minnesota non- profit corporation. The revenue bonds will be issued by the City of Albertville and will be limited obligations of the City payable solely from the revenue pledged to the payment thereof, and will not be a general obligation of or be secured by the taxing power of the City of Albertville. A copy of the proposed Housing Program is on file in City Hall.A Anyone desiring to be heard during the public hearing will be afforded an opportunity to do so` Bridget Miller Deputy Clerk Published in the North Crow River News on July 19 and July 26, 1999. \\First\network\My DocumentsTublic Hearing NoticesTublic Hearing Notice -Senior Housing doc CITY OF ALBERTVILLE, MINNESOTA 5a PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT Pursuant to Minnesota Statutes, Chapter 462C (the "Act") the City of Albertville, Minnesota (the "City") is authorized to develop and administer programs to finance the acquisition and rehabilitation of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City. The City has received a proposal that it approve a program providing for the acquisition of a recently constructed 44-unit residential rental facility for senior citizens south of 57th Street NE, between Kalland Avenue and Wright County Highway No. 19, in the City, by Group for Affordable Housing, a Minnesota nonprofit corporation (the "Owner"). The acquisition and construction of the Project is to be funded through the issuance of up to $4,000,000 in revenue bonds to be issued by the City (the `Bonds"). The Owner will own and operate the Project as a senior residential rental project. It is expected that 20 percent of the Housing Units will be 'rented to persons with 50 percent or lessof the median area income for the Minneapolis -Saint Paul Standard Metropolitan Statistical Area. It is estimated that rents for the Housing Units will range from $565 per month to $710 per month. The City, in establishing this multifamily housing program (the "Program"), has considered the information contained in the City's comprehensive plan. The Project will be ' acquired and rehabilitated in accordance with the requirements of Subdivisions l and 2 of Section 462C.05 of the Act. Section A. Definitions. The following terms used in this Program shall have the following meanings, respectively: "Act" shall mean Minnesota Statutes, Section 462C.01, et seq., as currently in effect and as the same may be from time to time amended. "Bonds" shall mean the revenue bonds to be issued by the City. "City" ,shall mean the City of Albertville, Minnesota. "Housing Unit" shall mean any one of the apartment units, each located in the Project, occupied by one person or family, and containing complete living facilities. "Land" shall mean the real property upon which the Project is situated. "Owner" shall mean Group for Affordable Housing, a Minnesota nonprofit corporation. "Program" shall mean this program for the financing of the Project pursuant to the Act. BMB129662 AL141-25 1 "Project" shall mean the residential rental housing development consisting of approximately 44 Housing Units, to be acquired and constructed by the Owner. Section B. Program For Financing the Project. It is proposed that the City establish this Program to provide financing for acquisition and construction of the Project at a cost and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the City, the initial purchaser of the Bonds and the Owner. The City expects to issue the Bonds as soon as the terms of the Bonds have been agreed upon by the City, the Owner and the initial purchaser of the Bonds. The proceeds of the Bonds will be loaned to the Owner to finance the acquisition of the Land and the Project, to fund required reserves and to pay the costs of issuing the Bonds. It is expected that a trustee will be appointed by the City to monitor the construction of the Project and the payment of principal and interest on the Bonds. It is anticipated that the Bonds will have a maturity of approximately thirty (30) years and will bear interest at a variable rate or at fixed rates consistent with the market at the time of issuance. The City will hire no additional staff for the administration of the Program. Insofar as the City will be contracting with underwriters, legal counsel, bond counsel, the trustee, and others, all of whom will be reimbursed from bond proceeds and revenues generated by the Program, no administrative costs will be paid from the City's budget with respect to this Program. The Bonds will not be general obligation bonds of the City, but are to be paid only from properties pledged to the payment thereof, which may include additional security such as additional collateral, insurance or a letter of credit. Section C. Local Contributions To The Pro rg^. The City is providing tax increment assistance with an estimated present value of approximately $390,000 to the Project. The tax increment proceeds will be used primarily for land acquisition and site improvements. The Owner has not requested any other local contributions to the Program with respect to the Project. Section D. Standards and Requirements Relating to the Financingof the Project Pursuant to the.Program. The following standards and requirements shall apply with respect to the operation of the Project by the Owner pursuant to this Program: (1) Substantially all of the proceeds of the sale of the Bonds will be applied to the acquisition and construction of the Project and to the funding of appropriate reserves. The proceeds will be made available to the Owner pursuant to the terms of the Bond offering, which will include certain covenants to be made by the Owner to the City regarding the use of proceeds and the character and use of the Project, (2) The Owner, and any subsequent owner of the Project, will, not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability. (3) The Project is designed primarily for rental to elderly persons. Thus, Section 462C.05, Subdivision 5 of the Act provides that the limitations set forth in Section 462C.05, Subdivision 2 of the Act are n9t applicable. Nevertheless, it is expected that at least twenty BMB129662 AL141-25 2 percent (20%) of the Housing Units will be held for occupancy by families or individuals with gross income not in excess of fifty percent (50%) of median family income for the Minneapolis -Saint Paul Standard Metropolitan Statistical Area, adjusted for family size. This set aside would satisfy the low-income occupancy requirements of Section 462C.05, Subdivision of the Act, if they were applicable. (4) The Project is designed to be affordableby persons and families with Adjusted Gross Income not in excess of the greater of (a) 110 percent of the median family income as estimated by the United States Department of Housing and Urban Development for the Minneapolis -Saint Paul Standard Metropolitan Statistical Area, or (b) 100 percent of the income limits established by the Minnesota Housing Finance Agency for the City and by other persons and families to the extent determined to be necessary by the City in furtherance of the policy of economic integration. Subsection E. Evidence of Compliance. The City may require from the Owner at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of the Owner to complete the construction of the Project, and evidence satisfactory to the City of compliance with the standards and requirements for the making of the financing established by the City, as set forth herein; and in connection therewith, the City or its representatives may inspect the relevant books and records of the Owner in order to confirm such ability, intention and compliance. In addition, the City may periodically require certification from either the Owner or such other person deemed necessary concerning compliance with various aspects of this Program. Subsection F. Issuance of Bonds. To finance the Program authorized by this Section the City may by resolution authorize, issue and sell its revenue bonds in an aggregate principal amount of approximately $4,000,000. The Bonds shall be issued pursuant to Section 462C.07, Subdivision ; 1 of the Act, and shall be payable primarily from the revenues of the Program authorized by this Section. The costs of the Project, including costs of issuance of the Bonds and required reserve funds, are presently expected to be approximately $4,000,000. The costs of the Project may change between the date of preparation of this program and the date of issuance of the Bonds. The Bonds are expected to be issued in August, 1999. Subsection G. Severability. The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaibing provisions. Subsection H. Amendment. The City shall not amend this Program, while Bonds authorized hereby are outstanding, to the detriment of the holders of such Bonds. Subsection 1 State Ceiling. None of the state ceiling for private activity bonds, pursuant to Section '146 of the Internal Revenue Code of 1986, as amended, and Chapter 474A- of Minnesota Statutes, will be applied for with respect to the Bonds. Subsection J. Prior Housing Proms. To the extent the provisions of this Program are inconsistent with the Housing Program adopted by the City Council October 6, 1997 with respect to the Project, the prior Housing Program is superseded hereby. BMB129662 AL141-25' 3 RESOLUTION NO.1999-42 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF MULTIFAMILY HOUSING REVENUE BONDS (THE COTTAGES OF ALBERTVILLE PROJECT), SERIES 1999A; TAXABLE MULTIFAMILY HOUSING REVENUE BONDS COTTAGES OF ALBERTVILLE PROJECT), SERIES 1999B AND SUBORDINATED MULTIFAMILY HOUSING REVENUE BONDS (THE COTTAGES OF ALBERTVILLE PROJECT), SERIES 1999C WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to issue revenue bonds to make loans to finance the acquisition of a multifamily housing development by a nonprofit corporation which will operate the development' for rental primarily to elderly or handicapped persons; and WHEREAS, Group for Affordable Housing — Albertville, LLC (the "Borrower"), a Minnesota limited liability company the sole member of which is Group for Affordable Housing, a Minnesota nonprofit corporation, has entered into a Purchase Agreement for the acquisition of a recently constructed 44-unit residential rental facility for senior citizens south of 57th Street NE, between Kalland Avenue and Wright County Highway No. 19, in the City of Albertville (the "Project"), and the Borrower has requested the City to provide for the financing of the Project pursuant to the Act and a Program for a Multifamily Housing Development (the "Program"), the; form of which has been presented to this Council; and WHEREAS, the City is authorized under the Act to issue its Multifamily Housing Revenue Bonds (The Cottages of Albertville Project), Series 1999A (the "Series 1999A Bonds"), its Taxable Multifamily Housing Revenue Bonds (The Cottages of Albertville Project), Series 1999B (the "Series 1999B Bonds" and together with the Series 1999A Bonds, the "Senior Bonds"), and its Subordinated Multifamily Housing Revenue Bonds (The Cottagesof Albertville Project), Series, 1999C (the "Series 1999C Bonds" and together with the Senior Bonds, the `Bonds"), in an aggregate principal amount not to exceed $4,000,000, pursuant to a Trust Indenture dated as of August 1, 1999 (the "Indenture"), between the City and U.S. Bank Trust National Association, as trustee (the "Trustee"); and WHEREAS, the proceeds of the Bonds will be loaned or deemed 10 be loaned to the Borrower pursuant to a Loan Agreement dated as of August 1, 1999 (the "Loan Agreement"), and the Bonds will be payable solely from payments to be made by the Borrower pursuant to the Loan Agreement; and WHEREAS, the Bonds will be additionally secured by a Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing dated as of August 1, 1999 (the "Mortgage"), from the Borrower to the City and assigned to the Trustee; and WHEREAS, as required by the Act and by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the City Council conducted a public hearing on the Program and the issuance of the Bonds to finance the Project, following published notice, on August 16, 1999; 1 c NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA, AS FOLLOWS: 1. The Program is hereby adopted, and the Project and the issuance of the Bonds in an aggregate principal amount not to exceed $4,000,000 to finance the acquisition of the Project are approved for all purposes under the Act and Section 147(f) of the Code: 2. The City hereby authorizes the issuance of the Bonds, as set forth in the Indenture. The Bonds shall be issued in an aggregate principal amount not to exceed $4,000,000 The Bonds shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed in the Indenture. The Senior Bonds shall be sold to U.S. Bancorp Piper Jaffray Inc. (the "Underwriter"), a as set forth in a Bond Purchase Agreement among the Borrower, the City and the Underwriter, the form of which is on file with the City, and the Series 1999C Bonds shall be delivered to the prior owner of the Project, in partial satisfaction of the purchase price, as forth in the Indenture and the Loan Agreement. The interest rates on the Bonds shall be determined based on market conditions by the Borrower and the Underwriter; provided, that the average coupon interest rate on the Series 1999A Bonds shall not exceed 8.00 percent per annum, the average coupon interest rate on the Series 1999B Bonds shall not exceed 9.50 percent per annum, and the average- coupon interest rate on the Series 1999C Bonds shall not exceed 9.50 percent per annum. Execution of the Indenture by the City shall be conclusive evidence of approval of the interest rates on the Bonds. 3. The Council hereby authorizes the Mayor and the City Clerk -Treasurer to execute and deliver the Indenture and hereby authorizes the execution of the Bonds in accordance with the Indenture. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The - Indenture shall be substantially in the form on file with the City, which is hereby approved, with such necessary and appropriate variations, omissions and insertions as the Mayor and the City Clerk -Treasurer, in their discretion, shall approve, and the execution thereof by the Mayor and the City Clerk -Treasurer shall be conclusive evidence of such approval. 4. The Mayor and the City Clerk -Treasurer are hereby authorized to execute and deliver the Loan Agreement, the Assignment of the Mortgage and other documents reasonably requested by the Borrower in connection with the issuance, sale and delivery of the Bonds. All of the provisions of the Loan Agreement and of such other documents, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement shall be substantially in the form on file with the City, which is hereby approved, with such variations, omissions and insertions as the Mayor and the City Clerk -Treasurer, in their discretion, shall approve, and the execution thereof by the Mayor and the City Clerk -Treasurer shall be conclusive evidence of such approval. 5. The Council hereby authorizes the Mayor and the City Clerk. -Treasurer to execute and deliver the Bond Purchase Agreement. The Bond Purchase Agreement shall be substantially in the form on file with the City, which is hereby approved, with such necessary and appropriate variations, omissions and insertions as the Mayor and the City Clerk -Treasurer, in their discretion, 2 shall approve, and the execution thereof by the Mayor and the City Clerk -Treasurer shall be " conclusive evidence of such approval. 6. The Bonds shall be revenue obligations of the City and shall not constitute a general or moral obligation or pecuniary obligation of the City, and the principal, premium and interest on the Bonds shall be payable solely from the revenues derived from the Loan Agreement and proceeds of enforcement of the Mortgage and other collateral documents. 7. Upon request of the Borrower, the Mayor, the City Clerk -Treasurer and other officers and employees of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents and certifications as are necessary or appropriate in connection with the issuance, sale and delivery of the Bonds. 8. All covenants, stipulations, obligations and agreements of the City contained in this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City or the Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the Council, or any officer, agent or employee of the City in that person's individual capacity, and neither the Council nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, in the Bonds or in any other document related to the Bonds or their issuance, sale or delivery, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement, which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. 9. Except as otherwise expressly provided herein, nothing in this resolution or in the aforementioned documents expressed or implied is intended or shall be construed to confer upon any person, firm or corporation, other than the City or any holder of the Bonds, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provision hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and the holders from time to time of the Bonds. 10. In case any one or more of the provisions of this resolution, or of the aforementioned documents, or of the Bonds shall for any reason be held to be illegal or invalid, 3 such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provision had not been contained therein. 11. The officers of the City, attorneys, engineers and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds for the full, punctual and complete performance of all the terms, covenants and agreements applicable to the City contained in the Bonds, the aforementioned documents and this resolution. In the event that for any reason the Mayor is unable to carry out the execution of any of the documents or other acts provided herein, any other member of the Council shall be authorized to undertake such execution or acts on behalf of the City with full force and effect, which executions or acts shall be valid and binding on the City. If for any reason the City Clerk -Treasurer is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by a member of the Council, with the same force and effect as if such documents were executed and delivered by the City Clerk - Treasurer. 12. This resolution shall be in full force and effect from and after its passage. 4 Adopted by the City Council of the City of Albertville this 16th day of August, 1999. Mayor Attest: City Clerk -Treasurer 5 City of Albertville TO: Mayor and City Council FROM: Tim Guimont, Public Works DATE: August 13,1999 SUBJECT: PUBLIC WORKS DEPARTMENT REPORT • E4dg The wooden structure at the City Park needs to be torn down as recommended by our Risk Management Insurance Company. Some of the homeowners have also stressed this point. Ifs old and dangerous, and is a constant spot for graffiti. We would like to replace it with something new next year. The playground at Oakside Park is finished. We are waiting to have the rest of the park landscaped and the ballfield put in. StMets Sidewalks, curbs and street around town are in the processes of being repaired or overlaid • Water Department Truck I have received three (3) quotes for this truck. The best one was from Falls Automotive in Fergus Falls. Under the state bid the truck is a fall sized % ton, 4-wheel drive, GMC, with 350 engine, automatic transmission. The cost is $20,715 plus tax. I received two (2) on a 4-way Boss Plow. The best one was from J. CRAFT for $3,980 installed. The total cost of the truck and plow is $24,697 plus tax. We will have to add some tool boxes and a ladder type rack when we get the truck. TG:bmm CAW DOWADWAW&& Wab o e.13-ffA*c CITY OF ALBERTVILLE ORDINANCE # 1999-5 AN ORDINANCE AMENDING THE ALBERTVILLE MINIMUM REVIEW POINTS FOR STORM WATER POLLUTION CONTROLS FOR URBAN LAND DISTURBANCE ACTIVITY The City Council of the City of Albertville ordains; Section 1. Purge The purpose of this ordinance to control or eliminate storm water pollution along with soil erosion and sedimentation within the city. It establishes standards and specifications for conservation practices and planning activities, which minimize storm water pollution, soil erosion and sedimentation. Section 2. Scope Except where a variance is granted, any person, firm, sole proprietorship, partnership, corporation, state agency, or political subdivision thereof proposing land disturbance activity within the city shall apply to the city for the approval of the storm water pollution control plan. No land shall be disturbed until the plan is approved by the city and conforms to the standards set forth herein. Section 3. Definitions For the purposes of this ordinance, the following terms, phrases, words, and their derivatives shall have the meaning stated below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directive. 3.011 Applicant Any person or entity that applies for a building permit, subdivision approval, or a permit to allow land disturbing activities. 3.012 Beat Management Practices (B W's) Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degrsda- tion of surface water, including construction -phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area -wide planning agencies. (Examplesof BMP's can be found in the current versions of the Minnesota Pollution Control Agency's, "Protecting Water Quality in Urban Areas," and the same agency's "Storm -Water and Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Storm -Water and Snow -Melt Runoff on Wetlands, • the United States Environmental Protection Agency's, "Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices," (as a reference for BMP's) and the Minnesota Department of Transportation's, "Erosion Control Design Manual." I 1 City of Albertville Ordinance # 19995 3.013 Developer A person, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision thereof engaged in a land disturbance activity. 3.014 Discharge The conveyance, channeling, runoff, or drainage, of storm water, including snowmelt, from a construction site. 3.015 Energy Dissipation This refers to methods employed at pipe outlets to prevent erosion. Examples include, but are not limited to; aprons, rip rap, splash pads, and gabions that are designed to prevent erosion. 3.016 Erosion Any process that wears away the surface of the land by the action of water, wind, ice, or gravity. Erosion can be accelerated by the activities of people and nature. 3.017 Erosion Control Refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing. 3.018 Erosion and Sediment Practice Specifications or Practice The management procedures, techniques, and methods to control soil erosion and sedimentation as officially adopted by the either the city of local watershed group, whichever is more stringent. 3.019 Exposed Soil Areas All areas; of the construction site where the vegetation (including trees, shrubs, and brush) has been removed. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site. 3.020 Filter Strips A vegetated section of land designed to treat runoff as overland sheet flow. They may be designed in any natural vegetated form from a grassy meadow to a small forest. Their dense vegetated cover facilitates pollutant removal and infiltration. 3.021 Final Stabilization Means that all soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of 70 percent of the cover for unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures have been employed. 3.022 Hydric Soils Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper 3.023 Hpdrophytic Vegetation Macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. \\FuV\netw \My \0rdinanm\0"-5 (storm Wsw Pollution Cons ls�� - 2 - City of Albertville Ordinance #1999-5 3.024 Impervious Surface A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads: 3.025 Land Disturbance Activity Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within this government's jurisdiction, including clearing and grubbing, grading, excavating, transporting and filling of land. Land disturbance activity does not mean: A. Minor land disturbance activities such as home gardens and individuals home landscaping, repairs, and maintenance work B. Construction, installation, and maintenance of electric, telephone, and cable television utility lines or individual service connection to these utilities, except where a minimum of 5,000 square feet of land disturbances can be anticipated. C. Tilling, planting, or harvesting of agricultural, or silvicultural crops. D. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles. E. Emergency work to protect life, limb, or property and emergency repairs, unless the land disturbing activity would have required an approved erosion and sediment control plan, except for the emergency, then the land area disturbed shall be shaped and stabilized in accordance with the city's requirements. 3.026 Permanent Cover Means final stabilization. Examples include grass, gravel, asphalt, and concrete. 3.027 Paved Surface A constructed hard, smooth surface made of asphalt, concrete or other pavement material. Examples include, but are not limited to, roads, sidewalks, driveways and parking lots. 3.028 Runoff Coefficient The average annual fraction of total precipitation that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls what will appear at the conveyance as runoff. 3.029 Sediment The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by waters air or ice, and has come to rest on the earth's surface either above or below water level. t1Fn* \My 3 OWm Weer POlie m CossOrohJ&c — City of Albertville Ordinance # 1999-5 3.030 Sedimentation Sedimentation means the process or action of depositing sediment caused by erosion. 3.031 Sediment Control The methods employed to prevent sediment from leaving the site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe sloped drains, storm drain inlet protection, and temporary or permanent sedimentation basins. 3.032 Soil The unconsolidated mineral and organic material on the immediate surface of the earth. 3.033 Stabilized The exposed ground surface after it has been covered by sod, erosion control blanket, riprap, or other material that prevents erosion from occurring. Grass seed is not stabilization. 3.034 Storm Rater The precipitation runoff, storm water runoff, snowmelt runoff and any other surface runoff and drainage (defined in 40 CFR 122.26 [b][13]) 3.035 Storm Water Pollution Control Flan A joint storm water and erosion and sediment control plan that is a document containing the requirements of Section 6 that when implemented will decrease soil erosion on a parcel of land and off -site non -point pollution and sediment damages. 3.036 Structure Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots, and paved storage areas. 3.037 Temporary Protection The methods employed to prevent erosion. Examples of such protect include; straw, mulch, erosion control blankets, wood chips, and erosion netting. 3.038 Urban Of, relating to, characteristic of, constituting a city. 3.039 Vegetated or Grassed Swales A vegetated earthen channel that conveys storm water, while treating the storm water by bo-filtration. Pollutants are removed by both filtration and infiltration. 3.040 Water of the State As defined in Minnesota Statutes Section 115.01, subdivision 22, the term "waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, . aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. 3.041 Wet Detention Facility A permanent man-made structure for the temporary storage of runoff that contains a permanent pool of water. AFiM \Mp Docu mwft \099-3 {SWMWdw PolMon GonvolsX&c - 4 - r City of Albertville Ordinance # 1999-5 4.015 The city may act against the appropriate security if any of the conditions listed below exist. The city shall use funds from the appropriate security to finance remedial work undertaken by the city or a private contractor under contract to the city and to reimburse the city for all direct cost incurred in the process of remedial work including, but not limited to, staff time and attorney's fees. A. The applicant ceases land disturbing activities and/or filling and abandons the work site prior to completion of the grading plan, B. The applicant fails to conform to the grading plan and/or the storm water pollution control plan as approved by the city. C. The techniques utilized under the storm water pollution control plan fail within one year of installation. D. The city will determine what action is necessary to prevent excessive erosion from occurring on the site. 4.200 Security deposited with the city for faithful performance of the grading and erosion control work to finance necessary remedial work shall be released after one full year after the completion of installation of all storm water pollution control measures as shown on the grading and/or the storm water pollution control plan. Section 5.0 Notification of Failure of the Storm Water Pollution Control Plan The city shall notify the permit holder of the failure of the storm water pollution control plan's measures. 5.100 Notification by the city The initial contact will be by phone to the parities listed on the application and/or the storm water pollution control plan. Forty- eight (48) hours after notification by the city or seventy-two (72) hours after the failure of erosion control measures, the city, at its discretion, may begin corrective work. 5.200 Erosion Off -Site If erosion breaches the perimeter of the site, the applicant shall immediately develop a clean-up and restoration plan, obtain the right -of - entry from the adjoining property owner, and implement the clean-up and restoration plan within forty-eight (48) hours of obtaining the adjoining property owner's permission. In no case, unless written approval is received from the city, any more than seven (7) calendar days ago by without corrective action being taken. If in the discretion of the city, the permit holder does not repair the damage caused by the erosion, the city may do the remedial work required. \\FuMV&tw*&\My Domnwts\C"n=ca\049.3:(Stm= Water Pollution Contwls� 6 - City of Albertville Ordinance # 1999-5 3.042 Wetlands As defined in Minnesota Rules 7050,0130, subpart F "Wetlands" are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life, in saturated soil conditions. Wetlands generally include swamps, marches, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes: A, A predominance of hydric soils; B. Inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and C. Under normal circumstances support a prevalence of such vegetation. (A quick reference on what is an existing identified wetland are the Nwional Wetkinds Inventory maps &stributed by the U.S. Department of the Interior's Fish and Wildlife Service. They list ntos4 but not all wedanx) Section 4. Financial Securities The applicant shall provide security for the performance of the work described and delineated on the approved grading plan and the storm water pollution control plan in an amount of $3,000 per gross acre ($6,000 for work done in a trout strearn's watershed) or $1,000 for each single or twin family home, whichever is greater. The form of the securities shall be one or a combination of the following to be determined by the city: 4.011 The first $3,000 of the financial security for erosion control shall be by cash deposit to the city. 4.012 If at anytime during the course of the work this amount falls below the original amount of deposit, the developer shall make another deposit in the amount necessary to restore the cash deposit to the original amount. The city may draw on the developer's letter of credit to restore the original amount of the deposit. The city will wait five (5) working days after notifying the developer before drawing on the developer's letter of credit. 4.013 Deposit, either with the city, a responsible escrow agent, or trust company, at the option of the city, money, negotiable bonds of the kind approved for securing deposits of public money or other instruments of credit from one or more financial institutions, subject to regulation by the state and deferral government wherein said financial institution pledges funds are on deposit and guaranteed for payment; or 4.014 Cash in U.S. currency. \1Fjm rMy tordirAw a 9-s (gym water Pouwon convols�&c 5 - ■' City of Albertville Ordinance # 1999-5 5.300 Erosion into Streets, Wetlands or Water Bodies If eroded soils (including tracked soils from construction activities) enter or appear likely to enter streams, wetland, or other water bodies, clean-up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean-up operations. 5.400 Failure to Do Corrective Work When an applicant fails to conform to any provision of this policy within the time stipulated, the city may take the following actions: A. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy. B. Direct the correction of the deficiency by city forces or by a separate contract. The issuance of a permit constitutes a right -of -entry for the city or its contractor to enter upon the construction site for the purpose of correction deficiencies in erosion control. C. All costs incurred by the city in correcting storm water pollution control deficiencies shall be reimbursed by the applicant. If payment is not made within thirty (30) days after costs are incurred by the city, payment will be made from the applicant's financial securities as described in Section 4. D. If there is an insufficient financial amount, in the applicant's financial securities as described in Section 4, to cover the costs incurred by the city, then the city may assess the remaining amount against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the city, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of Minnesota Statute 429.081 to challenge the amount or validity of assessment. Section 6 Storm Water Pollution Control Plan Every applicant for a building permit, subdivision approval, or a permit to allow land disturbing activities must submit`a storm water pollution control plan to the city engineer. No building permit, subdivision approval, or permit to allow land -disturbing activities shall be issued until approval of this plan. 6.100 General Policy on Storm Water Runoff Rates Storm water runoff rates should not increase over the predevelopment two-year, ten-year and 100-year storm peak discharge rates. 6.200 The Storm Water Pallution Control Plan Shall Include: A. Project description: the nature and purpose of the land disturbing activity and the amount of grading, utilities, and building construction involved. B. Phasing of construction: time frames and schedules for the project's various aspects. U imftdw \My \0r&nan=x 0"•S (stow Water Polludon Contmis�&c 7 City of Albertville Ordinance # 1999-5 C. A map of the existing site conditions: existing topography, property information, steep slopes, existing drainage systems/patterns, type of soils, waterways, wetlands, vegetative cover, 140-year flood plains, and labeling the portions of the site within trout stream watersheds. D. A site construction plan that includes the proposed land disturbing activities, stockpiles, erosion and sediment control plan, construction schedule, and the maintenance and inspection of the storm water pollution control measures. E. Adjacent areas: neighboring streams, lakes, residential areas, roads, etc., which might be affected by the land disturbing activity. F.Designate the site's areas with the potential for serious erosion problems. G. Erosion and sediment control measures: the methods that will be used to control erosion and sedimentation on the site, both during and after the construction process. H. Permanent stabilization: how the site will be stabilized after construction is completed, including specifications, time frame or schedule. I. Calculations: any that were made for the design of such items as sediment basins, wet detention basins, diversions, waterways, and other applicable practices. 6.M General Storm Water Pollution Control Plan Criteria The erosion and sediment control part of the storm water pollution control plan shall address the following: A. Stabilizing all exposed soils and soil stockpiles and the related time frame or schedule. B. Establishing permanent vegetation and the related time frame or schedule. C. Preventing sediment damage to adjacent properties and other designated areas such as streams, wetlands, lakes and unique vegetation {oak graves, rare and endangered species habitats}. D. Scheduling for erosion and sediment control practices. E. " Using temporary sedimentation basins. F. Engineering the construction and stabilization of steep slopes. G. Measures that will control the quality and quantity of storm water leaving a site. Afta\net3+rorl \My 3 (stain War Pollution Contmba &c - ' City of Albertville Ordinance # 1999-5 H. Stabilizing all waterways and outlets. I. Protecting storm sewers from the entrance of sediment. J. What precautions will be taken to contain sediment when working in or crossing water bodies. K. Re -stabilizing utility construction areas as soon as possible. L. Protecting paved roads from sediment and mud brought in from access routes. M. Disposing of temporary erosion and sediment control measures. N. How the temporary and permanent erosion and sediment control practices will be maintained. 6.400 ;_Minimum Storm Water Pollution Control and Related Inspections These minimum control measures are required where bare soil is exposed. Due to the diversity of individual construction sites, each site will be individually evaluated. Where additional control measures are needed, they will be specified at the discretion of the city engineer. A. Diversion of channeled runoff around disturbed areas, if practical, or the protection of the channel. B. The scheduling of the site's activities to lessen their impact on erosion and sediment control measures. C. Minimize amount of exposed soil. D. Control runoff as follows: (1 and 2 OR l and 3): (1) Stabilize inactive disturbed areas with sod or seed with mulch. (2) For disturbed areas greater than five (5) acres construct temporary or permanent sedimentation basins. Sedimentation basins must have a minimum surface area equal to at least 1% of area draining to basin, three (3) foot minimum depth, and constructed in accordance with accepted design specifications. Sedimentation basins must be maintained regularly, including sediment removal to maintain a three (3) foot depth. Basin discharge rates, must also be controlled to prevent erosion in the discharge channel. The applicant is required to obtain a National Pollutant Discharge Elimination System/State Disposal System (NPDESfSDS) construction storm water permit from the Minnesota Pollution Control Agency. a+FrWn�\My \09ss Est► waa Polh*= C="Is}. - 9 - L City of Albertville Ordinance # 1999.5 (3) For -disturbed areas less than five (5) acres sedimentation basins are encouraged, but not required. The applicant shall install erasion and sediment controls at locations directed by the city. Minimum requirements include silt fences, rock check dams, or other equivalent control measures along slopes. Silt fences are required along channel edges to reduce sediment reaching channel. Silt fences, rock check dams, etc. must be regularly inspected and maintained. E. For soil stockpiles greater than 10 cubic yards the toe of the pale must be more than 25 feet from a road, drainage channel or storm water inlet. If left for more than seven (7) days, they must be stabilized with mulch, vegetation, tarps or other means. If left for less than; seven (7) days, erosion from stockpiles must be controlled with silt fences or rock check dams: (1) If for any reason a soil stockpile is located closer than 25 feet from a road, drainage channel or storm water inlet, and left for more than seven (7) days, it must be covered with tarps or controlled in some other manner. F. Temporary stockpiling of 50 or more cubic yards of excess soil on any lot or other vacant area will not be allowed without issuance of a grading permit for the earth moving activity in question. G. Sediment basins related to impervious surface area. Where a projects ultimate development replaces surface vegetation with one or more acres of cumulative impervious surface, and all runoff has not been accounted for in a local unit of government's existing storm water management plan or practice, the runoff shall be discharged to a wet sedimentation basin prior to entering waters of the state. (1) Work shall conform with the current version of the Minnesota Pollution Control Agency's "Protecting Water Quality in Urban Areas," and the current requirements found in the same agency's NPDES permits for storm water associated with construction activities.- H. All grading plans and building site surveys shall be reviewed by the city for effectiveness of erosion control measures in the context of the site topography and drainage. I. Generally, sufficient silt fence will be required to hold all sheet flow runoff generated at an individual site, until it can infiltrate or seep through silt fence pores. J. Temporary rack construction entrances are required wherever vehicles eater and exit a site. MhA\My \099.5 Mors Waw ft&Mon+ ►,x�&w - 10 City of Albertville Ordinance # 1999-5 K. Sediment control measures shall be properly installed by the builder' before construction activity begins. Such structures may be adjusted during dry weather to accommodate short term activities, such as those that require very large vehicles. As soon as this activity is finished or before rainfall, the erosion and sediment control structures must be returned to the configuration specified by the city. A sediment control inspection must then be scheduled and passed before a footing inspection will be done. L. Follow-up inspections shall be performed by the city on a regular basis to ensure that erosion and sediment control measures are properly installed and maintained. In all cases the inspectors will attempt to work with the builder or developer to maintain proper erosion and sediment control at all sites. In cases where cooperation is withheld, construction stop orders may be issued by the city, until erosion and sediment control measures meet specifications. A second erosion and sediment control/grading inspection must then be scheduled and passed before the final inspection will be done. M. Parking is prohibited on all bare lots and all temporary construction entrances, except where street parking is not available. 'Gravel entrances are to be used for deliveries only as per the development contract. N. Streets shall be cleaned and swept whenever tracking of sediments occurs and before sites are left idle for weekends and holidays. Establishment of a regular sweeping schedule is encouraged. 0. Water, impacted by the construction activity, that is being removed from the site by pumping shall be treated by temporary sedimentation basins, geotextile filters, grit chambers, sand filters, up -flow chambers, hydro - cyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels or a wetland. P. All storm drain inlets shall be protected during construction until control measures are in place with either silt fence or an equivalent barrier that meets accepted design criteria, standards and specifications contained in the latest version of the Minnesota Pollution Contrail -Agency's publication, "Protecting Water Quality in Urban Areas." Q. Catch basins. All newly installed and rehabilitated catch basins shall be provided with a sump area for collecting coarse -grained material. Such basins shall be cleaned when they are half filled with material. R ' Roof drain leaders. All newly constructed and reconstructed buildings shall route roof drain leaders to pervious areas (not natural wetlands) where the runoff can infiltrate. The flow rate of water exiting the leaders shall be controlled so no erosion occurs in the pervious areas. AFC \My \0r. \0"-s ( waW roWthan Gontrohs &c City of Albertville Ordinance # 999-5 S. Inspection and maintenance. All storm water pollution control management facilities shall be designed to minimize the need of maintenance, to provide easy access for maintenance purposes and be structurally sound. These facilities shall have a plan of operation and maintenance that ensures continued effective removal of the pollutants carried in storm water runoff. The city or its designated representative shall inspect all storm water management facilities during construction, during the first year of operation and at least once every five (S) years ` thereafter. The city will keep all inspection records on file for a period of six (6) years. It shall be the responsibility of the applicant to obtain any necessary easements or other property interests to allow access to the storm water management facilities for inspection and maintenance purpose. T. Easements. If a storm water management plan involves directing some or all runoff from the site, the applicant to shall obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water. 6.500 Permanent Storm Water Pollution Controls A. The applicant shall install or construct, or pay the city fees for all storm water management facilities necessary to manage increased runoff, so that the two-year, ten-year, and 100-year storm peak discharge rates existing before the proposed development shall not be increased. Also accelerated channel erosion shall not occur as a result of the proposed land disturbing or development activity. An applicant may also make an in -kind or a monetary contribution to the development and maintenance of community storm water management facilities designed to serve multiple land disturbing and development activities undertaken by one or more person, including the applicant. B. All calculations and hydrologic models/information used in determining peak flows shall be submitted along with the storm water pollution control plan; C. The applicant shall consider reducing the need for storm water management facilities by incorporating the use of natural topography and land cover such as natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. (the sensitivity of a wetland to degradation variesSedge meadows, open bogs and swamps, coniferous bogs, calcareous fens, low prairies, lowland hardwood swamps, and seasonallyflooded tooded basins are highly sens iw, while f toad plain, forests, reed canary grass meadows shallow frets canary grass, cattail, giant reed or purple loose -strife} marshes are only slightly sensitive. See the Minnesota Pollution Control Agency's publication "Storm- Water and Wetlands Planning and Evaluation Gkidelinesfor Addressing Potential Impacts of urban Storm - Water and Snow -Melt Aunoff on Wed and "j \\Fff*Wy X -s (Stam WaW Poon controls &c - 12 - City of Albertville Ordinance #1999-5 D. The following storm water management practices shall be investigated in; developing the storm water management part of the storm water pollution control plan in the following descending order of preference: (1) Protect and preserve as much natural or vegetated area on the site as possible, minimizing impervious surfaces, and directing runoff to vegetated areas rather than to adjoining streets, storm sewers and ditches. (2) Flaw attenuation by use of open vegetated swales and natural depressions; (3) Storm water wet detention facilities; and E. A combination of successive practices may be used to achieve the applicable minimum control requirements specified in subsection (A) above. The applicant shall provide justification for the method selected. 6.600 Minimum Design Standards for Storm Water Wet Detention Facilities These facilities shall conform to the most current technology as reflectedin the current version of the Minnesota Pollution Control Agency's publication, "Protecting Water Quality in Urban Areas" and the current requirements found in the same agency's NPDES permits for storm water associated with construction activities. 6.700 Minimum Protection for Natural Wetlands A. Runoff shall not be discharged directly into wetlands without appropriate quality and quality runoff control, depending on the individual wetland's vegetation. See the current version of the Minnesota Pollution Control Agency's publication, "Storm -Water and Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Stamm -Water and Snow -Melt Runoff on Wetlands" for guidance. B. At the minimum a 100-foot wide protective buffer strip of natural woods shall surround all wetlands, The width of this buffer strip shall be increased by at least 2 feet per 1 percent of slope of the surrounding land. C. Wetlands must not be drained or filled, wholly or partially, unless replaced by either restoring or creating wetland areas of at least equal public value. Replacement must be guided by the following principles in descending order or priority. (1) Avoid the direct or indirect impact of the activity that may destroy or diminish the wetland. \T Wy -s tse«m Wea Potlutiaa Contmhs &c - 13 City of Albertville Ordinance # 1 999-5 (2) Minimize the impact by limiting the degree or magnitude of the wetland activity and its implementation. (3) Rectify the impact by repairing, rehabilitating, or restoring the affacted wetland environment with one of at least equal p►ublie value. (4) Reduces or eliminate the impact over time by preservation and maintenance operations during the life of the activity. (5) Compensating for the impact by replacing or providing substitute wetland resources or environments with those of at Est equal public value. (Compensation, including the replacement ratio and quality of replacement should be consistent with the requirements outlined in the rules adVed by the Board of Water and Soil Resources to implement the Wetland Conservation Act of 1991). 6.800 ModelatM%thodologies/Computations Hydrologic models and design methodologies used for the determining runoff characteristics and analyzing storm water management structures shall be approved by the city engineer. Plans, specifications and computations for storm water management facilities submitted for review shall be sealed and signed by a registered professional engineer. All computations shall appear on the plans submitted for review, unless otherwise approved by the city engineer. 6.900 Variance Where in the judgment of a registered professional engineer, experienced in the field of storm water and erosion and sediment control, site conditions warrant or where the practices or practice standards will be insufficient to control erosion and sedimentation for a land disturbance activity, the city engineer may grant a variance on a case -by -case basis. The content of a variance shall be specific, and shall not affect other approved provisions of a plan. 6.1000 Special Trout Stream Watershed Requirements A. There shall be no increase in either the volume or rate of storm water runoff for any design storm with a statistical recurrence interval of less than ten years (i.e., the two-year, rive -year, etc. storm events), unless the soil is not suitable for storm water infiltration techniques. (the intent is to encourage either storm water in1filtration or tfiversrion, since urban trout strews are a unique resource) (1) The phrase, "soil not suitable for storm water infiltration techniques" means soils with permeability values less that Group C soils (less than 2.5 inches per hour) as defined by the Natural Resources Conservation Service. B. Temporary sedimentation basins are required for disturbed areas over one: (1) acre. City of Albertville Ordinance # 1999-5 C. Storm water treatment devices that remove oil and flvatable material (e.g., basin outlets with submerged entrances) shall be part of BMW systems. D. Where feasible lightly used vehicle traffic areas such as overflow parking lots should use pervious surfaces such as concrete blocks of cabled concrete blocks where feasible. E. if the proposed project includes a trout stream tributary that currently experiences erosion and/or sedimentation problems, the applicant must work with the city to include channel modifications in the project that will also address the existing erosion and/or sedimentation problem. F. Preservation of or installation of a stream bank native tree canopy within 100-feet of the top of the stream bank directly on a Minnesota Department of Natural Resources designated trout stream reach and all tributaries directly to the designated trout stream reach. The width of this buffer strip shall be increase by at least two (2) feet for l percent of slope. G. Preservation of or installation of a stream bank native tree canopy within 50-feet of top of the stream bank for the reach upstream of a Minnesota Department of Natural Resources designated trout stream reach and for all tributaries upstream of the designated trout stream reach. The width of this buffer strip shall be increases by at least 2-feet for I percent of slope of the surrounding land. H. Permanent buildings erected on sites that border directly on Minnesota Department of Natural Resources designated trout streams shall not be occupied until the permanent vegetative cover has been established. Such cover must meet this ordinance's definition of "final stabilization." I. The applicant must consider methods for reducing the amount of impervious surface on the site. Suggestions include: (1) Reduce road widths. (2) Eliminate paving in the center of cul-de-sacs. (3) Reduce sidewalk widths. (4) Allow and provide for shared' parking. (5) install semi-permeablOpermeable or porous paving. (6) Vegetated swales instead of curb and gutter. (7) Filter strips. \\Ftst \My {&wm WAW Pollution Controls}doe - 15 - City of Albertville Ordinance # 1999.5 Sectiou7 0 Review The city engineer shall review the storm water pollution control plan. This review shall be completed within fourteen (14) days of receiving the plan from the developer. 7.100 Permit Required If the city determines that the storm water pollution control plan meets the requirements of this ordinance, the city shall issue a permit valid for a specified period of time, that authorizes the land disturbance activity contingent on the implementation and completion of this plan. 7.200 Denial If the city determines that the storm water pollution control plan does not meet the requirements of this ordinance, the city shall not issue a permit for the land disturbance activity. This plan must be resubmitted for approval before the lanai disturbance activity begins. A. All band use and building permits shall be suspended until the developerhasan approved storm water pollution control plan. Section 80 Modification of Plan An approved storm water pollution control plan may be modified on submission of an application for modification to the city, and after approval by the city engineer. In reviewing such an application, the city engineer may require additional reports and data Section 9.0 Enforcement The city shall be responsible enforcing this ordinance: 9.100 Penalty Any person, firm, or corporation failing to comply with or violating any of these regulations, shall be deemed guilty of a misdemeanor and be subject to a fine or imprisonment or both. All land use and building permits shall be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. Section 10.0 Right of Entry and Inspection The applicant shall allow the city and their authorized representatives, upon presentation of credentials: A. To enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations, surveys or investigations. B. To bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations. C. To examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this permitted site. D. To inspect the storm water pollution control measures required in this permit. E. To sample and monitor any items or activities pertaining to permits issued by the city. \First 1My DommmUNO-S (Storm Water PolMon Coftols)-&c 16 ; t City of Albertville Ordinance # 1999-5 Section 11.0 Severabiliiy The provisions of this ordinance are severable, and if any provisions of this ordinance, or the application of any provision of this ordinance to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this ordinance shall not be affected thereby. Section 12.0 Effective Date This ordinance will take effect and be in farce after its passage and official publication, ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 7th DAY OF SEPTEMBER,19". John A Olson, Mayor Linda Goeb, Administrator -Clerk \\Fiw\My nomnwu -s Wow PoMan Controls} dw - 17 ■ DOCUMENT 00640 CHANGE ORDER NO. 1 DATE , May 13,1999 OWNER City of Albertville CONTRACTOR Dennis Fehn Gravel, Inc. ENGINEER SEH*RCM Contract: 1999 57th Street Extension Project: A-ALBEV 9812.00 OWNER's Contract No. N/A You are directed to make the following changes in the Contract Documents: Description: Add Lachman Avenue to project. I IA I SELECT GRANULAR BORROW (LV) 12A AGGREGATE BASE, CLASS 5 13A TYPE 41A WEARING COURSE MDCTUR.E 15A TYPE 31 B BASE COURSE MIXTURE 16A BITUMINOUS MATERIAL FOR TACK COAT 17A GEOTEXTILE FABRIC 20A CONCRETE CURB &c GUTTER, DES SURMOUNTABLE 29A 15" RCP PIPE SEWER, DES 3006 CL V 34A CATCH BASIN MANHOLE, TYPE 11, 48" DIA 38A 8" PVC PIPE SEWER, SDR`35 39A 4" PVC PIPE SEWER SERVICE. 41A SANITARY SEWER MANHOLE 42A EXTRA DEPTH MANHOLE TON $3.80 5,100.00 $19,380.00 TON $5.74 1,700.00 $9,759.00 TON $25.00 355.00 $8,875.00 TON $22.00 590.00 $12,980.00 GAL $1.14 225.00 $256.50 SQ YD $0.90 4,$60.00 $4,320.00 LIN FT $6.10 2,300.00 $14,030.00 LIN FT $21.00 475.00 $9,975.00 EA $1,200.00 4.00 $4,800.00 LIN FT $14.50 795.00 $11,527.50 LIN FT $6.13 1,000.00 $6,130.00 EA $1,700.00 4.00 $6,800.00 LIN FT $85.00 7.30 $620.50 1 43A 8" INSIDE DROP LIN FT $104.00 10.00 $1,040.00 45A 8"X4" PVC WYE EA $41,.00 29.00 $1,189.00 49A 8" WATER MAIN • PVC C900 LIN FT $10.00 1,116.00 $11,160.00 54A CONNECT TO EXISTING WATER MAIN EA $450.00 1.00 $450.00 59A l" CORPORATION STOP EA $36.00 33.00 $1,188.00 60A I" SERVICE SADDLES EA $75.00 33.00 $2475.00' 61A I"CURB STOP AND BOX EA $60.00 33.00 $1,980.00 62A I" TYPE K COPPER PIPE LIN $6.72 940.00 $6,316.80 63A WATER MAIN FITmos POUZFJT $2.00 500.00 $1,000.00 TOTAL 1 $136,251.30 Reason for Change Order. t %%a request Attachments: Construction Documents Drawings, Sheets 1 - 19 and 1/1, dated 05/11/99 Drawings, Sheets CO I/CO2 and 2/CO2, 07/20/99 Original Contract Price $780,144.75 07/30/99 06/30/00 Net Increase (Decrease) from previous Change Orders No. to $0.00 Contract Price Prior to the Change Order: $780,144.75 Net increase of this Change Order. ?? 09/03/99 06/30/00 Contract Price with all approved Change Orders: $780,144.75 RECO APPROVED: ACCEPTED: SEH-RC City of Albertville Dennis Fehn Gravel, Inc. By. BY: BY:Azu, � c Title: ProiM Egger Title: Title: l�At, 4 � Date: 9ZAYT.._ Date: Date: — q w:" 1\Co#1.wPa 2 DOCUMENT 00"0 CHANGE ORDER NO.1 DATE May 13, 1999 OWNER City of Albertville CONTRACTOR Dennis Fehr Gravel, Inc. ENGINEER SEH-RCM Contract: 1999 57th Street Extension Project: A-ALBEV 9812.00 OWNER's Contract No. N/A You art directed to make the following changes in the Contract Documents: Description: Add Lachman Avenue to project. I IA SELECT GRANULAR. BORROW (LV) TON $3.80 5,100.00 $19,380.00 12A AGGREGATE BASE, CLASS 5 TON $5.74 1,700.00 $9,758.00 I3A TYPE 41A WEARING COURSE MIXTURE TON $25.00 355.00 $8,875.00 15A TYPE 3 I B BASE COURSE MIXTURE TON $22.00 590.00 $12,980.00 16A BITUMINOUS MATERIAL FOR TACK COAT GAL $1.14 225.00 $256.50 17A GEOTEXTILE FABRIC SQ YD $0.90 4,809.00 $4,320.00 20A CONCRETE CURB & GUTTER, DES SURMOUNTABLE. LIN FT $6.10 2,300.00 $14,030.00 29A 15" RCP PIPE SEWER, DES 3006 CL V LIN FT $21.00 475.00 $9,975.00 34A CATCH BASIN MANHOLE, TYPE II, 48" DIA EA $1,200.00 4.00 $4,800.00 38A 8" PVC PIPE SEWER, SDR 35 FT $14.50 795.00 $11,527.50 39A 4" PVC PIPE SEWER SERVICE FT FL $6.13 1,000.00 $6,130.00 41A SANITARY SEWER MANHOLE A $1,700.00 4.00 $6,800.00 42A EXTRA, DEPTH MANHOLE LIN FT $85.00 7.30 $620.50 I 43A 8" INSIDE DROP LIN FT $104.00 10.00 $1 040.00 45A 8"X4" PVC WYE EA $41.00 29.00 $1,189.00 49A 8" WATER MAIN - PVC C900 LIN FT $10.00 1,116.00 $11 160.00 54A CONNECT TO EXISTING WATER MAIN EA $450.00 1.00 $450.00 59A I"CORPORATION STOP EA $36.00 33.00 $1,188.00 60A V SERVICE SADDLES EA $75.00 33.00 $2,475.00 61A I"CURB STOP AND BOX EA $60.00 33.00 $1,980.00 62A I" TYPE K COPPER: PIPE LIN FT $6.72 940.00 $6,316.80 63A WATER MAIN FITTINGS POUND $2.00 500.00 $1,000.00 TOTAL $136,251.30 Reason for Change Order: Owner request. Attachments: Construction Documents Drawings, Sheets 1- 19 and 1/1, dated 05/11/99 Drawings, Sheets CO I/CO2 and 2/CO2, 07/20/99 original Contract Price $780,144.75 07/30/99 06/30/00 Net Increase (Decrease) from previous $0.00 Change Orders No. to Contract Price Prior to the Change Order: $780,144.75 Net increase of this Change Order: ?? 09/03/99 06/30/00 Contract Price with all approved Change $780,144.75 Orders: REC APPROVED: ACCEPTED: SEH*RC DE City of Albertville Dennis Fehn Gravel, Inc. By: By: By: 216,_ Title: _ Project Eggj= Title: Title: ,C'l�• kz . 4 Date: /�„_ Date: Date: W.WwA"I1 ko#1.roipd 2 � IIIIIIq,4405 w w cN 2 0 w _J O r N a oZz ZZp U�f. = vN ? W Y y he w N ^O(r x S 0 W O V) _ r cr O U J J K m r O w U J J � Q m r o Y w ¢ O O m CLUO O w 8 3Zcn aN W^J Z]CJ ma M<r i- a n l Oil 11 HIM III W- V) W!.d O Y Z aU^ OOM 1m min nim, a= � 0 Z Y Q a Z zra z c=i w z ^ �. 0o¢ vri o xxa w x W x W tu 'CU 3nN3Ad NMHOd3 0 0 3nN3Ad NIVN 3nN3AV 830NVI ZaZ rm2 knwQ o W m wW NO U 2 N O 0 O. pwp, Wr0 O coJ CZ� O O 2 WO W^t90J O;SV1r OLLrN wow ••%O 6.Nw4ocy Z ... S N x S W U � Z N Z cY a vna.vri r �v vF�• 3,zW jw 2YJ 6.W %� M Nattn aLL w w Ln t— P- LO m F-- Q D 1— i— O O >-- V ) co < J J Z 2 Z X 1 ►—� IJ QC Q W � J W J W nC OC W m J Q UOp•Qyxe\'4.OdO.l;\1066\AGgIO\=M 311d H3S 91800391 6661 0nv co .+ter►' • � MEMOf 605 FR4NKLW AVENUE NE, P.O. BOX 51, ST. CLOUD, MN 58M-0051 320 253-1000 800 34"138 320 253-1002 FAX TO Linda Goeb City Administrator Albertville, MN FROM: Peter J. Carlson, P.E. AL DATE: August 9,1999 RE: Ice A ena/Park Parking Lot Parking Lot Cost Estimate A-ALBEV 0001.00 CORK The attached exhibit indicates how a 75 stall parking lot can fit on City land adjacent to the lice Arena parking lot Assuming the City's standard street section for the parking lot pavement, I estimated the construction cost of this parking lot as follows: No. Item Quantity Unit Unit Cost Total 1 Common Excavation 2,500 CY $5.00 $12,500 2 Geotextile Fabric 3,750 SY $1.75 $6,563 3 Select Granular Borrow 3,750 TN $5.00 $18,750 4 Class 5 Aggregate Base 1,250 TN $8.00 $10,000 5 Bituminous Base 515 TN $27.00 $13,905 6 Bituminous Wear 310 TN $28.00 $8,680 7 Bituminous Tack 190 GAL $2.00. $380 8 Concrete Curb & Gutter 800 LF $8.00 $6,400 Total $779178 This cost equates to $20.58 per square yard. For comparison, the street patching was bid at $15.50 per square yard. Please call me if you have any questions. dJg AN4fflMaOmAcdm AUG-12-1999 11:31 NAC 612 5S NORTHWEST ASSOCIATED C 0 N INC COMMUNITY PLANNING DIES1,0N - MARK: PLAT ING REPORT TO: Albertville Mayor and City Council FROM: Deb Garross / Alan BrOus DATE: 12 August 1999 RE: AiberMlle -- Albertville Fire and Roe PrelimiInary and Final Plats FILE: 163.05 — 99.04 BACKGROUND The purpose of this item is to consider a proposai.by the City of Albertville, for.preiiminary and final plat involving the subdlvis1W of a 12.09-acre .site located northwest of the intersection of 57th Street and Lambert Street NE. See attached Exhibit A for. reference to the subject site location. The proposal is to, divide the parcel into two lots as shown on attached Exhibits B and C. The southerly lot is a. 2.54-acre site fronting on 57th Street which will be utilized for construction of a fire station. The northerly lot contains 9.55 acres of land, which wifi be utilized for park purposes. The proposed subdivision meets ttta3 applicable standards to :qualify as a minor subdivision pursuant to Subdivision Ordinance Section 200. As such,- the City Administrator is authorized to. process and . approve . the subdivision. The application is however being forwarded to the City Council as a formal preliminary and final plat. in order to both satisfy bond -dosing requirements and expedite the recording, process"for the site. Attachments: Exhibit A Site Location Exhibit B Albertville Fire and Rec Preliminary Plat - Exhibit C Albertville'Fire and Rec Final Plat EXECUTIVE SWINIARY The approval of the preliminary and final plat 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: 5775 WAYZATA SOULEVARD, SUITE 555 ST. LOUIS.PA.RK, MINNESOTA 554145 PHONE' 0 1 2-595.9838 FAX O 12-505-9837 kM-12-1999 11:32 NAC 612 595 9837 P.03i05 1. The preliminary and final plats are revised to show required ten-(10) foot utility and drainage easements along all property Imes. 2. The final plat signature page (dedication language for the thoroughfares and easements) is amended as required by the Subdivision Ordinance and with language acceptable to the City Attorney. The following dedication language is cited in Section A- 500.36) and W: Statement dedicatk►g all e@22MMig as follows: Easements for installation and maintenance of utilities and drainage facilities are reserved over, under and along the stripe marked "utility easements." follcws: °Streets, and other public area shown on this plat and not heretofore dedicated to putNic use are hereby so dedicated." 3. Lot 2, Block 1 is platted as Park. 4. The preliminary plat is amended to show the required 35-foot front yard; 20-foot side yard; 25 foot rear yard and 20 foot setback from the ordinary high water level of the wetland. 5. A landscape plan for Lot 1, Block 1 is developed utilizing, to the extent practical, guidelines similar to those for commercial/industrial uses, outlined in Zoning Ordinance Section 1000.7(c) and parking lot screening standards of 12000.4(17a). Cornprehsnsive Plan. The Comprehensive Land Use Plan designates the subject property as a combination of Park & Open Space, Future Park & Open Space and Public & Semi - Public. The desired land use for the area is public use. The proposed development consists of a fire station on the southerly lot and park for the northerly lot. As such, the proposed plat is consistent with the Comprehensive Plan. The Comprehensive Park and Trail System Plan calls for a grade -separated trail to be located along the entire length of 57th Street which is also designated as a minor collector street. The construction of 57 Street Includes a sidewalk, which addresses the trail objective of the Comprehensive Plan. Zoning. The property is zoned a IRA, Public Institutional. The proposed subdivision is consistent with the use and lot size/area provisions of the Zoning Ordinance Subdivision. The proposed preliminary and final plats generally conform to the requirements of the Subdivision Ordinance with the exception that proposed Lot 2 does not have frontage on a public street. Section A-600.4 Lots, subsectlon (e) specifies: "Every lot must have the minimum frontage on a City approved public street other than an alley, as required in the City Zoning Ordinance." In this case, Lot 2 will be utilized for park purposes and combined with Lion's City Park to the east. The recommendation is to plat Lot 2 as "Park" instead of a "Lot" in Page 2 AUG-12-1999 11:33 NAC 612 595 5837 0.04/05 order to avoid the frontage requirement and also allow for the City to construct recreation buildings on the site. The Subdivision Ordinance does not contain a frontage requirement for land platted as "Park." park De imdon. The intent is to utilize the 9.55 acres of land located north of Lot 1 for public park purposes. In this case, 79% of the plat area will be utilized for park which is well in excess of the park dedication requirement. Screening mW LandwAong. The Zoning Ordinance does not contain specific provisions for landscaping of public buildings. However, because this site is located across the street from residential hones, it is recommended that a landscape and screening plan for Lot 1, Block 1 (the fire station site), be developed to provide transition between the large fire station building and residential homes located south of 57°' Street. The landscape plan should also address screening of the parking lot facilities in a manner that will not interfere with traffic visibility for fire and rescue vehicles nor vehicles travelling along 57 h Street. The implementation of landscaping will also show that the City, is cognizant of the relationship of its facilities within the neighborhood, and will set an example for private sector developers. Grading, Drainage and Utilities. The subject site is relatively flat with the only natural feature being the wetland Dated In the southwestern part of Lot 1. Site grading as well as the installation of individual sewer and water lateral lines will occur concurrent with the development of the fire station and will be reviewed with the CUP and building permit applications. The appropriate easements will be shown on the preliminary and final plats and dedicated accordingly. The proposed preliminary and final plats are in general conformance with the Zoning and Subdivision Ordinance criteria with the exception of the minor items outlined herein. The decision to approve, deny or conditionally approve the requested preliminary and final plat of Albertville Fire and Rec, 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 to approve the applications. pc: Linda Goeb Mike Couri Pete Carlson Kevin Mealhouse Page 3 CITY OF ALBERTVILLE CONDITIONAL USE/PLANNED UNIT DEVELOPMENT AGREEMENT PARK VIEW PLACE SECOND ADDITION THIS AGREEMENT, entered into this day of , 1999 by and between CASCADE II LAND COMPANY, LLC referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as «City,,. WITNESSETH: WHEREAS, Developer is the fee owner of the real property described in the attached Exhibit A, presently known as Lots of "Park Side Estates", which real property is proposed to be subdivided and re -platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the new name "Park View Place Second Addition" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Developer intends to subdivide 3.99 gross acres into Twenty-eight (28) medium density lots for purposes of constructing 28 Townhome units; and WHEREAS, approval of a Conditional Use Permit/Planned Unit Development is required to allow for the subdivision of unit lots fi-om base lots as proposed by Developer; and WHEREAS, the City has given preliminary approval of Developer's plat of Park View Place Second Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, curb and gutter, grading, drainage, sanitary sewer, water and storm sewer (hereafter "Municipal Improvements") be installed to serve -the Subject Property and be financed by Developer; and WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within Said Plat, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site -related items; and . I , WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understIndings and covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each parry's promises and considerations herein set forth, as follows: 1. Conditional Use Permit. Developer is hereby granted a Conditional Use Permit to allow the development of Said Plat as a Planned Unit Development, provided the following conditions are met on a continuing basis: A. A property owners' association is established in compliance with Sections 1100 and 2700 of the City Zoning Ordinance and a maintenance agreement and declaration of covenants, conditions, and restrictions are approved by the City Attorney and recorded against the title to each lot within Said Plat. B. Outlots A and B of Said Plat shall remain unbuildable as "common lots" and Developer agrees that no structures of any nature or purpose shall be built on said Outlots, nor may said Outlots be replatted for any purpose. C. If signs are desired on site to identify the Subject Property, then plans shall be submitted for review and approval of the City Planner. D. Any exterior lighting must be arranged to deflect light away from the public streets. The source of all lights shall be hooded. The style, height, strength/wattage and distribution of exterior lights conforms to the approved lighting plan attached as Exhibit B. E. Trees, shrubs and screening are planted and installed as shown on the landscape plan attached as Exhibit C. F. The minimum garage size within Said Plat is 480 square feet. G. Developer agrees to remain in compliance with the terms of this Agreement. 2. Construction of Municipal Improvements. 2 GU'► ` J, 2 A. Developer shall pay all cost associated with installation of municipal water, sanitary sewer, storm sewer, grading, curb and gutter and bituminous paving along Lachman Avenue, in accordance with the plans and specifications prepared by SEH-RCM consulting engineers, dated May I Ph, 1999, including expenses related to engineering and other professional review as may be deemed necessary by the City. The City shall cause the construction and installation of the aforementioned Municipal Improvement timate, d cost of said improvements, including engineering fees, i $163,5 1e City shall invoice Developer for the actual costs associated with the above - referenced Municipal Improvements as they are incurred by the City. Developer agrees to and shall pay each invoiced amount within thirty (30) days of mailing by the City. If Developer fails to pay any such invoiced Ae amount within the thirty (30) day period, then Developer agrees that any and all overdue amounts may, at the City's option, be specially assessed against the lots within Said Plat, along with reasonable finance, legal and administrative costs incurred by the City as a result of Developer's failure to timely pay said invoice amounts. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. In addition, the City may take necessary legal action to recover any unpaid amounts and shall be entitled to attorneys fees incurred as a result of such action. B. The City shall have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. 3. Construction of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of boulevards, street signs, traffic signs, yard top soil, sodor seed in all yards, grading control per lot, bituminous or concrete -driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Said on- and off -site improvements shall be installed no later than October 31, 2001, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under ground, within 3 the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by NIffi ern States Power or other such carrier; ii.Natural gas supply, to be provided by Minnegasco or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carrier; In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform. Traffic Control Devices. C. Developer has submitted a utility plan for Said Plalhowing all existing and proposed utility lines and easements, attached hereto and incorporated herein as Exhibit D. Developer agrees to have all utilities installed according to this Exhibit D. D. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. E. Notwithstanding the requirements of subparagraph 3A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel within sixty (60) days of the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1st and before March 30th in 4 4 f [ any given year, in which case said improvements shall be so completed by the following June 15th. 4. Intended Use of Subdivision Lots. The City and Develope; agree that the lots in Said Plat are intended only for medium density multiple family residential Townhome use in the number and the configuration as are shown on the attached Exhibit E. Developer shall only construct Townhomes in the number and configuration shown on the attached Exhibit E, unless Said Property is rezoned by the City in the future. 5. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from the Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs, including attorneys fees. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 6. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in die creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incun•ed by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said 5 k, amounts, then the City may specially assess such costs against the lots within Said Plat. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. Developer has the right to request time sheets or work records to verify said billing prior to payment. 7. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit F. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 8. Drainage Requirements. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 9. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. In the event the Developer fails to clean up, maintain or repair the damaged public property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer shall have thirty (30) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council. In the event that Developer fails to so clean up, repair or maintain said public property, the City may undertake nta-king or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorneys fees incurred by the City as a result of such legal action. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. I 6 . 6 ) { 10. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 11. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with die land and shall be recorded against the title to the property. After the Developer has completed all work and obligations required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer a release of its obligations under this Agreement. F. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease 7 7 work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment fi-om a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions as contained in the letter dated from the Wright County Soil and Water Conservation District (said letter is on file with the City Clerk). I. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. J. Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. 12. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run fi-om the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without E.' l ( t i notice or consent of the Developer complete the Developer's obligations under this Agreement, and specially assess die costs thereof against the lots within Said Plat and/or bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. Developer knowingly and voluntarily waives all statutory rights to appeal said special assessment under Minnesota Statutes section 429.081. B. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits and/or revocation of the Conditional Use Permit. 13. Dedications to the City. A. Municipal Improvement Dedications: The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall make die following dedications to the City: 1. Developer shall dedicate easements to the City over, under and across all trails, and shall dedicate all parks within Said Plat, if any, to the City, in a form and with legal descriptions acceptable to both the City Engineer and City Attorney. 2. Developer shall dedicate to the City all streets within Said Plat. B. Park and Trail Dedications: Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for Said Plat, Developer shall pay the City a cash payment totaling $36,400.00, consisting park dedication fees attributable to the residerftial portion of Said Plat (28 lots x $1,300.00 per lot). All such park dedication fees shall be paid prior to release of Said Plat by the City. 14. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be 7 9 0 ( 3 Y construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 15. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and this parties for damages sustained or costs incurred resulting from Said Plat approv� and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 16. Assignment of Contract. The obligations of the Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 17. Limited Approval. Approval of this Agreement by the City Council and issuance of the Conditional Use Permit which is the subject of this agreement in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 18. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terns of this Agreement. The Developer will also pay all reasonable attorney's and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety fiunished by the Developer as provided herein. 19. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. UdIess otherwise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 20. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if un writing and signed by a duly authorized agent of both parties. 10 10 0 ( ) C 21. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (612) 497-3384 Cascade II Land Company, LLC 555 3`d Street N.W. Elk River, MN 55330 Telephone: (612) 441-8591 22. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) 11 11 CITY OF ALBERTVILLE, By Its Mayor By Its Clerk CASCADE II LAND COMPANY, LLC By Its President The foregoing instrument was acknowledged before me 's day of 1999, by John A. Olson as Mayor of e City of Albertville, a Minnesota municipal corporation, on behalf of the city and puts ant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 1999, by Linda Goeb, as Clerk -Administrator of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 1999, by _ , as President of Cascade II Land Company, LLC. Notary Public DRAFTED BY: Court and MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 12 12 (612)497-1930 13 13 ■ Exhibit List EXHIBIT A The Real Property subject to the Developer's Agreement is legally described as follows (after the filing of the Plat); (Legal Description) ID EXHIBIT Lighting Plan EXHIBIT C Landscape Plan EXHIBIT D Utility Plan EXHIBIT E Site Plan EXHIBIT F Erosion Control Plan CITY OF ALBERTVILLE RESOLUTION #1999-41 A RESOLUTION SETTING THE HOURLY WAGE RATE FOR THE SECRETARY/DEPUTY CLERK WHEREAS, the City Administrator conducted a review of the job performance of the Secretary/Deputy Clerk, presented a synopsis of that review to the City Council, and made a recommendation of a pay increase to the City Council based on that review; and WHEREAS, City Council of the City of Albertville is desirous of increasing the hourly rate of pay for the Secretary/Deputy Clerk, based on the recommendation of the City Administrator. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby approves a pay rate increase to $12.00 per hour for Bridget Miller, Secretary -Deputy Clerk, effective August 16, 1999. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ABLERTVILLE THIS 16TH DAY OF AUGUST,1999. John A. Olson, Mayor Linda Goeb, Administrator -Clerk 6dC2) WATERIWASTEWATER OPERATOR Albertville (population 2,893) is seeking qualified applicants for a full-time water/wastewater maintenance worker. This position performs various types of manual labor, including but not limited to water distribution and wastewater collection, and operates light and heavy equipment in the maintenance of the city's utilities and public works departments. Minimum requirements include a high school diploma, or equivalent, a valid Class B commercial drivers license, experience in the operations of trucks and light equipment, Class D water license, Class C wastewater license with ability to obtain a Class B license within one year of hire, and two years of municipal utility experience. Desirable qualifications include graduation from a certified college or vocational school with emphasis on water/wastewater systems and previous snow plowing experience. Starting pay rate: $14.50 to $17.50 per hour depending upon qualifications, with benefits including vacation, sick leave, retirement benefits, and health, dental, short-term disability and life insurance. Resumes will be accepted until the close of business on Wednesday, September 15, 1999. Mail resumes to Linda Goeb, City Administrator, 5975 Main Avenue NE, P.O. Box 9, Albertville, MN 55301 or drop off at City Hall