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2009-04-06 CC Packet ~ AJ~~r.t~iJLE: City of Albertville Council Agenda APRIL 6, 2009 7:00 PM PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Advertised public hearings are scheduled as such so that the public is afforded an opportunity to speak. Citizens wishing to address the Mayor and Council regarding specific agenda items, other than public hearings should indicate so and will be afforded an opportunity during the discussion of said item, Council willing and time permitting. Citizens wishing to speak on matters not listed on the agenda (or items on the agenda that did not include an opportunity to speak) are always afforded the opportunity to do so under the heading "Citizens Addressing the Council", usually scheduled at the beginning and end ofthe agenda. Presentations are limited to five (5) minutes. In any case, citizens are asked to complete a 'Request to Speak Card'. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER - ROLL CALL 3. AMENDMENTS TO THE AGENDA 4. MINUTES A. Approve the Monday, March 16, 2009 regular City Council minutes (pgs. 1-16) 5. RECOGNITIONS - PRESENTATIONS - INTRODUCTIONS 6. CITIZENS OPEN FORUM - (time reserved 5 minutes) 7. PUBLIC HEARING A. Approve Resolution No. 2009-006 entitled a Resolution Adopting Special Assessments for Albert Villas 6th Addition Developer Improvements (pgs. 17-21) 8. . CONSENT AGENDA All items with an asterisk (.) are considered to be routine by the City Staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests. In such event, the item will be removed from the General Order of Business and considered in its normal sequence on the agenda. Items . 9.E.1. . 9.E.2. . 9.E.3. . 9.F.1. . 9.1.1. Finance - 70th Street NE payment request - Final (pgs. 23-26) Finance - Semi-monthly Payment of Claims (bills) (pgs. 27-34) Finance - Accept Donation from Foxtailers for Display Case (pg. 35) City Clerk - Approve Mn Gambling Permit (pg. 39) Engineering - Towne Lakes 5th Letter of Credit Reduction (pgs. 93-94) City of Albertville Council Agenda April 6, 2009 Page 2 of5 9. DEPARTMENT BUSINESS A. Fire Department B. Public Works Department C. Utilities Department (WWTP) D. Building Department E. Finance Department 1). . Accept the City Engineer's (BMI) Recommendation for Partial Pay Estimate No.4 and Final Payment to the City ofOtsego in the amount of $34,430.47 for the 70th Street NE Improvement (pgs. 23-26) 2). . Authorize the Monday, April 6, 2009 Payment of Claims (bills) for check numbers 026833 to 026894 as presented except the bills specifically pulled, which are passed by separate motion (pgs. 27-34) 3). . Accept a donation in the amount of $1 ,422.00 from the Foxtailers Snowmobile Club and deposit the donation of $1 ,422.00 to the City Hall fund for a Display Case (pg. 35) 4). Finance Director's Report dated April 1, 2009 (pgs. 37-38) F. City Clerk 1). . Approve the Minnesota Lawful Gambling LG220 Application for Exempt Permit submitted by the St. Albert Catholic Church to conduct Excluded Bingo, Raffles, Paddlewheels, Pull-tabs, and Tipboards Activity at the St. Albert Parish Center located at 5 Main Avenue NE within the Albertville city limits for an event to be held on July 18,2009 and July 19,2009 with the Raffle drawing on July 29, 1009, which a signed copy ofthe gambling permit will be kept on file in the office of the City Clerk (pg. 39) 2). Approve the Annual Renewal of the 2009-2010 Off-Sale Intoxicating Liquor License to Holm Holdings Inc. for the152 Club; and, 200Q-2010 On-Sale Intoxicating Liquor License to Holm Holdings Inc. for the 152 Club; and, 2009- 2010 Special Sunday Liquor License to Holm Holdings Inc. for the152 Club (pgs. 41-42) 3). Approve the Annual Renewal of the 2009-2010 Off-Sale Intoxicating liQuor License to Annual Renewal of the 2009-2010 Off-Sale Intoxicating Liquor License to Twin Star Food/Beverage Co. Inc. for Full Moon Saloon & Grill; and, 200Q-2010 On-Sale Intoxicating Liquor License to Twin Star Food/Beverage Co. Inc. for Full Moon Saloon & Grill; and, 2009-2010 Special Sunday Liquor License to Twin Star Food/Beverage Co. Inc. for Full Moon Saloon & Grill (pgs. 43-44) 4). Approve a New Liquor Licenses for Phil Morris for Emma Krumbees Restaurant establishment contingent upon approval of the background check (pg.45) M:\Public Data\City Council\Council Packet information\2009\04-06-09\04 06 2009 I-A Agenda.doc Meeting Date: April 6, 2009 City of Albertville Council Agenda April 6, 2009 Page 3 of5 G. City Council 1). Oral Update on the Joint Powers Water Board meeting (John Vetsch and or Ron Klecker) H. Planning and Zoning 1). Approve Ordinance No. 2009-010 entitled an Ordinance amending Section 11-9- 4 (Agreement for Installation) and Section 11-9-5 (Financial Guarantee) ofthe Albertville Subdivision Regulations (Title 11) of the 2005 Albertville Municipal City Code, relating to deposit or security amounts required by the city and requirements of a bank issuing a letter of credit as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record (pgs. 47-50) 2). Approve Ordinance No. 2009-011 entitled an Ordinance amending Section 10-1- 3 (Improvements or Escrow for New Residential Construction) of the Albertville Building and Development Regulations (Title 10) of the 2005 Albertville Municipal City Code, relating to the improvements required on a property prior to issuance of a Certificate of Occupancy or refund of an escrow as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record (pgs. 51-54) 3). Approve Ordinance No. 2009-012 entitled an Ordinance amending Section 300.1 (Procedures) and 400.2 (Procedures) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to the number of Council votes needed to approve an amendment (text and map) or a conditional use permit as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record (pgs. 55-58) 4). Approve Resolution No. 2009-004 entitled a Resolution Approving a Planned Unit Development Concept Amendment for a site and building plan review ofthe expansion of the convenience store at the Albertville Market Place, located in the southeast quadrant of CSAH 37 and Interstate 94 as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record (pgs. 59-82) 5). Approve Resolution No. 2009-007 entitled Resolution Approving Niemeyer Trailer Sale Addition Final Plat within the City of Albertville (pgs. 83-92) I. Engineering 1). . Approve to Reduce the Letter of Credit held for the Towne Lakes 5th Addition to no less than $25,000, with the following condition: Development is current with all fees and obligations owed to the City (pgs. 93-94) 2). Approve Resolution No. 2009-005 entitled a Resolution Accepting Bid for CSAH 37 Utility Extension Project (pgs. 95-104, plus insert) 3). Accept the Assistant City Engineer's Progress Report dated March 25, 2009 (pgs. 105-106 M:\Public Data\City Council\Council Packet information\2009\04-06-09\04 06 2009 I-A Agenda.doc Meeting Date: April 6, 2009 City of Albertville Council Agenda April 6, 2009 Page 4 of5 J. Legal 1). Approve the Niemeyer Trailer Sales Developer's Agreement dated March 30, 2009 PLANNED UNIT DEVELOPMENT AGREEMENT, NIEMEYER TRAILER SALES; Exhibit I - Easement Agreement (pgs. 107-150) K. Administration 10. CITIZENS OPEN FORUM - (continued if necessary) 11. ANNOUNCEMENTS and or UPCOMING MEETINGS April 2009 13 6:00 p.m. 13 7:00 p.m. 14 7:00 p.m. 20 7:00 p.m. 27 6:00 p.m. 27 7:00 p.m. May 2009 4 7:00 p.m. 11 6:00 p.m. 12 7:00 p.m. 16 7:00 a.m. 18 7:00 p.m. 25 all day 26 6:00 p.m. June 2009 1 7:00 p.m. 8 6:00 p.m. 9 7 :00 p.m. 11-14 varies 12 5:00 p.m. 14 1:30 p.m. 15 7:00 p.m. 22 6:00 p.m. 29 7:00 p.m. July 2009 2 all day 6 7:00 p.m. 13 6:00 p.m. 14 7:00 p.m. 20 7:00 p.m. 26 6:00 p.m. 26 7:00 p.m. STMA Ice Arena Board meeting Family- Youth Community Cooperative (FYCC) Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Annual jt. Spring Cleanup Day City Council meeting Memorial Day observed - City Offices closed Joint Powers Water Board meeting City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Albertville Friendly City Days Albertville vs. St. Michael friendly challenge (tentative) Albertville FCD Grande Day Parade City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) Independence Day observed - City Offices closed City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) M:\Public Data\City Council\Council Packet infonnation\2009\04-06-09\04 06 2009 I-A Agenda.doc Meeting Date: April 6, 2009 City of Albertville Council Agenda April 6, 2009 Page 5 of5 12. ADJOURNMENT TO A COUNCIL WORKSHOP FOLLOWING A FIVE (5) MINUTE RECESS, TOPICS TO INCLUDE FYCC AND STMA ICE ARENA M:\Public Data\City Council\Council Packet information\2009\04-06-09\04 06 2009 I-A Agenda.doc Meeting Date: April 6, 2009 ~ ~~~~!~tlL€ Mayor and Council Communication March 23, 2009 SUBJECT: CITY COUNCIL MINUTES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve the Monday, March 16, 2009 regular City Council minutes as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. BACKGROUND: Council designates the City Clerk as the routine person to attend the regular City Council meetings and serves as the Recording Secretary to take minutes documenting any action taken or motions made during the meeting. Following the meeting, the Recording Secretary prepares a typed form of the motions made during the meeting and presents them for Council to review and amend as necessary. KEY ISSUES: . Approve the minutes that have been prepared by the individual that served as the Recording Secretary during the regular City Council meeting as presented in the Council packet. POLICYIPRACTICES CONSIDERATIONS: It is the discretion ofthe Mayor and Council whether the City Council minutes that have been prepared and submitted should be amended. FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to approval of the City Council minutes. LEGAL ISSUES: In accordance with Council practices, the Mayor, Council, and staff members have the ability to amend minutes, which requires a consensus of the City Council. Respectfully submitted, cf~~~ Larry R. Kruse City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: March 16, 2009 regular Council minutes M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 4A City Council minutes RCAdoc Agenda Item No.4. Meeting Date April 6, 2009 1 ~ AJl?.~!'!ilL€ ALBERTVILLE CITY COUNCIL MARCH 16, 2009 MINUTES PLEDGE OF ALLEGIANCE - CALL TO ORDER 7:00 PM ALBERTVILLE CITY HALL Mayor Klecker called the regular Albertville City CQ;lIDcil meeting to order a he asked those present to say the Pledge of Alleg~ . . ons, or introductions to be made during the meeting. ROLL CALL PRESENT: Mayor Ron Klecker, Council' Jolm Vetsch, City Planner Alan Brixius, Ci I ~ Adam Nafstad, City Administrator Larry Kni~ ABSENT: none Mayor Klecker Council that was n any concerns or topic as anyone in the audience that had an item to discuss with the a n the agenda. There was no one present in the audience that had ISCUSS that were not already on the agenda. AMENDMENTS TO THE AGENDA Mayor Klecker asked the Council if they had any changes to the March 16, 2009 agenda. There were three (3) items that were added to the March 16,2009 agenda: under City Council- Report on the Wright County Economic Partnership meeting where there was discussion on Transportation; under City Clerk - Name Tags and under the Closed Session ad Builders of M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-16-09 B-drafts.doc Agenda Item No.4. Meeting Date April 6, 2009 3 City of Albertville City Council Minutes March 16, 2009 Page 2 of 14 Prairie Run Lawsuit. Klecker looked to the Council for a motion approving the amended March 16, 2009 agenda. MOTION BY Council member Wagner, seconded by Council member Sorensen to approve the Monday, March 16,2009 regular Albertville City Council agenda as amended, adding the three (3) topics mentioned above. Motion carried unanimously. March 2, 2009 regular City Council minutes . ber Fay to ape the ,'which will be~'Printed and anned version will be kept on y. Motion carried MINUTES Mayor Klecker looked to the Council to see if there werSfl.~,'C ,~,' ",",' """:~ regular City Council minutes. ..' " MOTION BY Council member Wagner, second Monday, March 2,2009 regular City Council minutes signed; then the signed copy will be scanned and the elect file in the office of the City Clerk that ,'> rYe as the officI un~imously. CONSENT AGENDA _tine in nature by the City Staff and will be cussion of these items unless a Council e Item will be removed from the General Order sequence on the agenda. Ma wouldlik. that there we approve the five e Council members or staff if there were any items they h 16, 009 Consent Agenda. Klecker acknowledged the fact ulled; therefore, entertained a motion from the Council to sented on the Consent Agenda. MOTION BY Coun mber Wagner, seconded by Council member Sorensen to approve the five (5) items on the nday, March 16,2009 Consent Agenda as presented; therefore, no separate discussion was held nor a separate motion on any of the items. Motion carried unanimously. DEPARTMENT BUSINESS FIRE DEPARTMENT - no comments M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-16-09 B-drafts.doc Agenda Item No.4. Meeting Date April 6, 2009 4 City of Albertville City Council Minutes March 16, 2009 Page 3 of 14 PUBLIC WORKS DEPARTMENT . Accept the Parks and Recreation Committee's recommendation to appoint LeRoy Berning who resides at 10514 Karston Avenue NE in Albertville to fill the vacant Albertville Parks and Recreation Committee position previous held by Denise Prow effective immediately MOTION BY Council member Wagner, seconded by Council memb the Parks and Recreation Committee's recommendation to appoint at 10514 Karston Avenue NE in Albertville to fill the vacant Alb Committee position previous held by Denise Prow effective i unanimously. . Accept the Building Official's Report UTILITIES DEPARTMENT (WWTP) - no commen BUILDING DEPARTMENT ':~;~> MOTION BY Council member Wagner, sd'~~rde cil Sorensen to accept the Building Official's Report da!~,~ march 5, 200'%,th".. . ~'onsent Agenda, which was not pulled requiring it to be\~ . ......... . om the Genetfl' Order of ~,' Usiness and considered in its normal sequence on t ....0;.... ill require ~~eparate motion. Motion carried unanimously. 2009 payment of the claims that includes check numbers bills specifically pulled, which will require a separate all checks MOTION BY r Wagner, seconded by Council member Sorensen to authorize the Monday, March. Payment of Claims (bills) for check numbers 026782 to 026826 as presented except the specifically pulled, which are passed by separate motion; except the bills specifically pull , which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda. The checks will be signed by the authorized personnel and scanned with supporting documents; the electronically scanned version will be kept on file in the office of the Finance Director that will serve as the City's official record. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-16-09 B-drafts.doc Agenda Item No.4. Meeting Date April 6, 2009 5 City of Albertville City Council Minutes March 16, 2009 Page 4 of 14 CITY CLERK .Approve a One-Day 3.2% Malt Liquor License applications submitted by the Albertville Lions for an Fund Raiser to be held at St. Albert Parish Center on Saturday, March 28, 2009 from 2:00 p.m. to 1:00 a.m. MOTION BY Council member Wagner, seconded by Council memb One-Day 3.2% Malt Liquor License applications submitted by the ...... .. Raiser to be held at St. Albert Parish Center on Saturday, March a.m. rensen to approve a le Lions for a Fund 9 from 2:00 p.m. to 1:00 MOTION BY Council member Wagner, seconded by Co \member Sorensen to approve a One-Day 3.2% Malt Liquor License appl~w*li?n that has bee ..... itted by the Albertville Lions for a Pork Chop Dinner to be held at St. ~t}l,I(\R~rish Center on r.q~y, April 18, 2009 from 4~OO p.m. to 8:00 p.m."%t:"\011i@~~tl{>\' .. ~"c<:: ,. . Li uor License to Hackenmueller's Inc. for Approve or Deny the Re1Jl!1v ; ''':';:': . . Li uor License to Coborn's Liquor Store . . Into~icatin Li uor License to c.L. Gentile Inc. for Geez 200Q-2010 On-Sale Intoxicating Liquor License to c.L. orts Bar & Grill; and, 2009-2010 Special Sunday Liquor License r Geez Sports Bar & Grill . 200 -2010 ale Intoxicatin Li uor License to D. Michael B's II Inc. for D. Michael B's; a d, 2009-2010 Special Sunday Liquor License to D. Michael B's II Inc. for D. Michael B's . 200Q-2010 On-Sale Intoxicating Liquor License to Northwest Metro Restaurant Ventures LLCfor Majors Sports Cafe; and, 2009-2010 Special Sunday Liquor License to Northwest Metro Restaurant Ventures LLC Majors Sports Cafe M:\PubJic Data\City Council\CounciJ Minutes\2009 Minutes\Drafts\M 03-16-09 B-drafts.doc Agenda Item No.4. Meeting Date April 6, 2009 6 City of Albertville City Council Minutes March 16, 2009 Page 5 of 14 · 200C}-2010 On-Sale Intoxicating Liquor License to Cosmic Foods for Space Aliens Bar & Grill; and, 2009-2010 Special Sunday Liquor License to Cosmic Foods for Space Aliens Bar & Grill · 200C}-2010 On-Sale Intoxicating Liquor License to Rancho Grande Inc. for Rancho Grande; and, 2009-2010 Special Sunday Liquor License to Rancho Grande Inc. for Rancho Grande · 200C}-2010 On-Sale Intoxicating Liquor License to Cedar Creek Golf Course LLC for Cedar Creek Golf Course; and, 2009-2010 S ecial Sunda or License to Cedar Creek Golf Course LLC for Cedar Greek Golf Course · 2009-2010 On-Sale Wine License to Hong Thai Inc. for Sale 3.2% Malt Beveraae License to Hong Thai Inc. fQ, "', '-,~:,. City Clerk Miller informed the Council that the listed e~ l'~hnients inclu packet have submitted the appropriate paperwork fOE;;~He renewal of the vario for the 2009-2010 year. '~\;f';? ?'" i'{~"~;;>";' Council inquired about two (2) establishments located oh~&~I;A vertue NE. Council wanted to know if the 152 Club and the Full MooI)"Saloon Bar & Grill submitted their application. Miller reported that the 152 Club and the 1\', Saloon Bar" '. 'l.l'have not submitted their applications as of March 12. The establish:11:\~nts ~~~\~~l1.t the infop~tion and a reminder notice will be going out. The information needs to ~rec~~~e(1~t'~;ity prior to the March 2ih for the April 6th regular City <;,q:,lmeeting becii~fthe licen,xpire at midnight April 14. Miller will also notify tkf'W "\ounty Sherif~~$ Departmebt and the Minnesota Alcohol and ,::..;..,"" :.;.:-, -..;:".'\ Gambling Departm~},.f . "f ':-'" establ' ents, Mayor Klecker entertained a motion ts that turned in the appropriate paperwork and Mn following.. . 200 . 2009- Wests ide Lt . 2009-2010 Hack's Liquor# · 2009-2010 Off-Sale Intoxicating LiQuor License to Coborn's Liquor Store . 2009-2010 Off-Sale Intoxicating Liquor License to CL. Gentile Inc. for Geez Sports Bar & Grill; and, 200C}-2010 On-Sale Intoxicating Liquor License to CL. Gentile Inc. or Geez Sports Bar & Grill; and, 2009-2010 Special Sunday Liquor License to CL. Gentile Inc. for Geez Sports Bar & Grill .,'seconded by Council member Fay to approve the .2% Malt Bevera e Li uor License to Coborn's Grocery Store Intoxicatin Li uor License to Wests ide Liquor, Inc. for Li uor License to Hackenmueller's Inc. for M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-16-09 B-drafts.doc Agenda Item No.4. Meeting Date April 6, 2009 7 City of Albertville City Council Minutes March 16,2009 Page 6 of 14 · 200q-2010 On-Sale Intoxicating Liquor License to D. Michael B 's II Inc. for D. Michael B's; and, 2009-2010 Special Sunday Liquor License to D. Michael B's II Inc. for D. Michael B's · 200Q-2010 On-Sale Intoxicating Liquor License to Northwest Metro Restaurant Ventures LLC for Majors Sports Cafe; and, 2009-2010 Special Sunday Liquor License to Northwest Metro Restaurant Ventures LLC Majors Sports Cafe · 200Q-2010 On-Sale Intoxicating Liquor License to Cosmic Foods for Space Aliens Bar & Grill; and, 2009-2010 Special Sunday Liquor License t;~'Q~mic Foods for Space ,""~:"~.,:" Aliens Bar & Grill' "'~, . 200Q-2010 On-Sale Intoxicating Liquor License to,.:. Grande Inc. for Rancho Grande; and, 2009-2010 S ecial Sunda Li uor LicenS~ffio 0 Grande Inc. for Rancho Grande . 200 -2010 On-Sale In toxic a tin Li uor Li for Cedar Creek Golf Course; and, 2009-20L> Creek Golf Course LLC for Cedar Greek .. . 2009-2010 On-Sale Wine License to Hong Th' Sale 3.2% Malt Beveraae License to Hong Thai 11 Motion carried unanimously. Name Tags Council member Wagner name tags. Wagner re ~.. communities or join attending. It allows t e what City is being represe ags or place cards will be made for future events held at Arena Board meeting (Tom Fay and/or Dan Wagner) Council member Wa , r gave a brief update on the STMA Ice Arena Board meeting that was held on March 9. Wagner reported that the Board continues to move forward with the STMA Arena Feasiblity Study. Wagner looked to City Administrator Kruse to assist with the update. City Administrator Kruse confirmed that the STMA Arena Board is nearing completion ofthe STMA Arena Feasibility Study. Originally the Study was to be completed last November, but has been delayed. The STMA Arena Board will be received a draft of the completed report at the April 13th Board meeting. M:\Public DatalCity CouncillCouncil Minutes\2009 MinutesIDraftsIM 03-16-09 B-drafts.doc Agenda Item No.4. Meeting Date April 6, 2009 8 City of Albertville City Council Minutes March 16,2009 Page 7 of 14 Oral Update on the Planning and Zoning Commission meeting (Dan Wagner) Council member Wagner reported that the Planning Commission reviewed and approved the Site and Building Plans for the Convenience Store/Gas Station that is being proposed for the Albertville Marketplace Development. Wagner informed the Council that Mr. Morris is asking to expand the building to include seating and a food service area. By expanding on the Building, there will be a decrease in the number of gas pumps. This will be cOIT!iMbefore the Council at the April 6 meeting. 4'~li;'1~W"''z\\ Oral Update on the Wright County Economic Partnership ev - discussing Transportation (Mayor Klecker) . Mayor Klecker brought to the Council's attention Economic Partnership held a presentation that w businesses. The main topic was Transportation, whichl\., package was announced by Congress ,:y Mayor Klecker stated that he and Council going to Washington DC on March 24-26t Albertville. inistrator Kruse would be <I~ft1~ 1-94 Project within t~:::8:" itled an Ordinance amending Section and Section 200.2 (Definitions) of the ix A) 0 e 2005 Albertville Municipal City Code relating will be printed and signed; the signed copy will be III be kept on file in the office of the City Clerk and City Planner tating that per Council direction, staffhas reviewed, prepared, and held a publi .e February 10, 2009 regular Planning and Zoning Commission to consider amending x A of the City Code that pertains to Accessory Buildings. Included in the Council packet e are two (2) Options for review and consideration. The difference between Option One and Option Two are as follows: Option Two allows for a second accessory building provided it does not exceed 240 square-feet in floor area when accompanied by an attached or detached garage on the same lot; and Option Two no longer utilizes conditional use permits, except for pole buildings in industrial districts and for some exceptions to height limitations on accessory buildings. M:\Public Data\City Counci1\Council Minutes\2009 Minutes\Drafts\M 03-16-09 B-drafts.doc Agenda Item No.4. Meeting Date April 6, 2009 9 City of Albertville City Council Minutes March 16, 2009 Page 8 of 14 Brixius reported on the key issues relating to the Ordinance Amendment regarding Accessory Buildings. These issues are: a recent violation of the accessory structure zoning regulations prompted staff to review and re-examine the current regulations; overall, the Planning and Zoning Commission wished to grant greater flexibility in the standards than the City Council; staff prepared three Options that reflected the comments and concerns of the PZ Commission and City Council; the Planning and Zoning Commission recommended approval of Option Two; staff presented Option One and Two to the City Council, and Council directed staff to make revisions, which they have done so; staff is recommending approval of Option T e size of the accessory ehow demonstrate , e would have the field counter During the lengthy discussion, Council could not reach a cons en" building or detached garage. Mayor Klecker asked staff if the how large 240 square-feet would appear. Council member,F" ability to show Council how large a 240 square-foot stfl!9"lM" , pacing it off within the Council Chamber.A.;;~~~Y "'~.. A member of the audience, Peter Wagener of 1 06 which he proceeded to hand out residents opinions or r, abutting property owners plus non-abutting property own .. his accessory structure. The opinions w~ ,.ositive or accep stfl,lcture in his backyard. E was allowe . peak, in a Mr. Wagener surveyed from what their thoughts were on ',fQf the accessory building ~q\~~1i~k~ .-:; ;'!]~~;'5" '-::,~~::, Council member Wagner brought up the fad~\p'at d arouftd, which he conducted his own survey of random resi<!~ ~. The resu1ts~..C '}' .. 'Vi agner's survey the consensus was to leave the process . ~y $, which me '. . e home. er would apply for the . - ~. Conditional Use PefII}i; 'd whatever e.1,$e is necessary. Approving the amendment ,.'.' .,....:.,... would all depend OIl" ructure and t out of the lot. Klecker note<!., Klecker no ..' Option wou,,~ City/Att City Code. ber's concerns regarding the amendment. . the cil approving Ordinance No. 2009-006 with ok~d to the City Attorney confirming that no action and there would be no amendment to the City Code. tion is taken, there would be no change to the current uncil for a motion, which reads as follows: MOTION BY Counc' ember Sorensen, seconded by Council member Fay to approve Ordinance No. 2009-1)06 OPTION ONE entitled an Ordinance Amending Section 1000.4 (Accessory Buildings, Uses and Equipment) and Section 200.2 (Definitions) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code Relating to Accessory Building Regulations amending the size of the structure to 150 square-feet and including B.5 of Option Two Design Standards/Covenants: These accessory building performance standards are applicable for all single family lots in the City, provided, however that these standards shall not be permitted where these design standards will supersede design M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-16-09 B-drafts.doc Agenda Item No.4. Meeting Date April 6, 2009 10 City of Albertville City Council Minutes March 16, 2009 Page 9 of 14 standards or covenants that have been established as part of an approved residential planned unit development. Property owners shall demonstrate compliance with approved covenants/ design standards with the submission of a building permit for an accessory building. which a notice will be placed in the Crow River News adopting the Ordinance, a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. Mayor Klecker, Council members Fay, Sorensen, and Wagner voted aye. Council member Vetsch voted nay. Motion carried. ENGINEERING - no comments ddition; LEGAL REVIEW the Preliminary Assessment Roll for impr which includes Special Assessments in the amou ",oxi (29) undeveloped lots in Albert Villas 6th Addition, all 'dJi.~icp..., Construction Finance, LLC, for the cost of completing pun"'''*:c. City Attorney Couri informed the Counci . '~..:was going to' to the Assistant City Engineer N afstad to present the Preliminar" "-" . ~'t: ',', ,'. Assistant City Engineer Naf: Qstarted with t~~ D at'~~f noticed improvement in the Albert Villas 6th Additio.~'js" )y landscap'" '. d side~tk. Nafstad stated that some of the property owners inqui1E~~'about' ". . dewalks and~lrees during the public hearing that was held in '{::~:?~~'~~:::'~'-" ,;~;:~;:. 2006 and wanted some:. .... done. ~,h City Attorney LC took ownership from Edina Develop the City s secured by a letter of credit from Lakeland Constr company that financed many developments in the Twin Cititt "clition, which that letter of credit expired in August 2008. bac e work to be done, staff is recommending that the City special asse the Albert Villas 6th Addition for the cost of the punch list items. The Developet es the City the power to special assess the developer's property in the event the Ie is insufficient to cover the developer's default. There are approximately 80 to ithin the development. Of the total 80 lots, there are thirty two (32) vacant lots in Albert s 6th Addition, which the city can assess only 29. The remaining three (3) are owned by a bUl der and staff feels can not be assessed according to the terms within the Developer's Agreement. Council asked about the potential of a monument sign for the development. Staff was not sure as to where a monument sign would be properly placed within the development. Staff stated the sign is not a City responsibility and the Developer was earlier trying to find a location to put one, and then the Developer eventually went into bankruptcy and the issue was never resolved. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-16-09 B-drafts.doc Agenda Item No.4. Meeting Date April 6, 2009 11 City of Albertville City Council Minutes March 16, 2009 Page 10 of 14 Following the discussion of a monument sign, Council directed staffto look into placement of a monument sign; whether it is in an easement or other. Staff had concerns with the legal issues the sign would potentially cause. City Attorney Couri inquired if the Council would make a motion declaring the Preliminary Assessment Roll for improvements to the Albert Villas 6th Addition. MOTION BY Council member Wagner, seconded by Council ment . Preliminary Assessment Roll for improvements to the Albert ViI Special Assessments in the amount of approximately $45,000 . undeveloped lots in Albert Villas 6th Addition, all of which ..' .... wned"i~l.akeland Construction ,'" ."~ Finance, LLC, for the cost of completing punch list ite ',~,,!inal Spec .. presented to Council during a Public Hearing that wil eldbn Monday, A; Motion carried unanimously. ADMINISTRATION Renew /nF/T Training LLC Lease of 597 ':,;:" City Administrator Kruse informed the Couii'\il th in April. InFIT is looking for another locationf:l.sp.ey have outgii~, ..," ",?cation of 5975 Main Avenue NE. InFIT is asking iftl;1 .... ... '. would consi'VfrenewingjJflie Lease agreement on a month-to- month basis with a 6Q,.' n clause. , d9'~ ~\'t,,"*"t" seconded 9,'Council member Wagner to renew InFIT Training LLC'ttnging the lease term from a one-year lease to a month-t (90) a it clause for both parties starting May 15,2009. The rat / . er square foot ($1,546.67) triple net with the lessee ~"": ___f..'it. paY1'd . yr), b ~~i,~JIg insurance ($600/yr), City pylon sign ($60 per month), sales ~xes. The City shall maintain the lawn and perform the majority 0 from the sidewalk and parking lot. Beginning January 1,2010 and every Janu se rate shall be automatically adjusted for inflation equal to the Consumer Price . xceed 6%. Lessee is authorized to complete leasehold improvements to ins orway between the first and second office in the Southeast portion of the building and to pa e interior of the building, with the lessee paying of all leasehold improvements. Emplo "ee parking shall be on the west side of the building. The City Attorney is directed to revise the lease documenting these and other terms at the City Attorney's discretion. Motion carried unanimously. /-94 Westbound Collector Distributor Final Design Proposals M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-16-09 B-drafts.doc Agenda Item No.4. Meeting Date April 6, 2009 12 City of Albertville City Council Minutes March 16, 2009 Page 11 of 14 City Administrator Kruse reported that staffinc1uded 1-94 Westbound Collector Distributor Final Design proposals in the packet. Kruse continued by reminding the Council that for the past ten (10) years the City has been working towards improving the 1-94 access. MnDOT and the Federal Highway Department recently approved the layout. In an effort to move forward, the next step would be to hire an Engineering Firm to complete the final design in preparation for bidding. Council asked to invite four (4) firms to submit proposals to complete the 1-94 Collector Distributor Road Final Design. WSB, SRF, and SEH were the three (3) entities that submitted proposals to complete the 1-94 Collector Distributor Road F" Design. Kruse stated the Federal Government is planning on issuing stirn economic recovery. Priority will be given to project that are s . work and pump money into the economy as soon as possib,~e~;; ~;(ty Ad touched on the financing for the 1-94 Project, which sta((~~tj,ci~ates fun . *~,:"".~,-, ~',:,.:., Design via an inter-loan fund. In the past the City wa~~vying''$100,000 to improvements; in 2009, the City lowered it to $80. .. In 2009t,$40,000 of the dedicated towards lobbying our Congressional De, to fie 'pe 1-94 Projec e balance of unused funds can be dedicated towards repaying the clan for final de Ign. In the future, staff recommends the City dedicate up to $100,00, xear to repayment of the 1-94 Final Design inter-fund loan. . Kruse went over his comparative analysis Following this, each Council member perform the best for the CitX" . supp ,<' ed the effort to continue pursuing the 1-94 project. n by asking each Council member to share any comments. Council member time and effort into has invested a signifi final design. c 0 dged the fact that the City has invested a considerable amount of project. To discontinue at this point would be a mistake. The City amount of money in this project to date and should continue to pursue Council member Wagner felt the same as Fay, in the fact that the City should continue to move forward. However, Wagner favored the WSB's proposal even though they were not the low bidder. Wagner reiterated that he wants to see the City continue their efforts with the 1-94 Project. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-16-09 B-drafts.doc Agenda Item No.4. Meeting Date April 6, 2009 13 City of Albertville City Council Minutes March 16, 2009 Page 12 of 14 Council member Sorensen questioned the terminology of "shovel ready". Sorensen brought to the Council's attention the fact that he has talked to residents and a number of them were stumped as to why the City wasn't farther along with the project. Council member Vetsch gave the impression he was reserved on whether to continue because he was very concerned with the funding and the potential of raising taxes. He did not understand the thought of potentially putting the cost on the residents as it was not their development that caused the traffic issues or problems that Albertville is currently deali;J~~ith. >.::::.~':.'&~~t::::::,. '.~:. '{.' ::ik... MOlTON BY Council member Fay, seconded by Co~~n member Wagner " engi~eering firm to complete final design until aft ;,"'e closed"~,ssion. Motion unammously ',~~lw,'~h . :~~::?' "'~ was the consensus that . g firms as all have Upon reviewing the proposals and listening to Council's comme Council did not feel it was necessary to interview the three (3 stellar experience with similar projects. Ac;cept the City Administrator's Written'< The Council accepted the City eviewt pcoming meetings and calendar of events, ention that the March 23 Joint Powers Water Board (J"beginning at 5:00 p.m. Council member Wagner twee" e two (2) Cities and the School Board is set for 6:00 ologized for the error. Joint Powers Water Board meeting (possibly re-scheduled) Cities of Albertville & St. Michael and STMA School Board Joint Workshop (STMA School Board Room) April 2009 6 5:30 p.m. 6 7:00 p.m. 13 6:00 p.m. 13 7:00 p.m. 2009 Local Board of Appeals and Adjustments City Council meeting STMA Ice Arena Board meeting Family-Youth Community Cooperative (FYCC) M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-16-09 B-drafts.doc Agenda Item No.4. Meeting Date April 6, 2009 14 City of Albertville City Council Minutes March 16,2009 Page 13 of 14 14 7:00 p.m. 20 7:00 p.m. 27 6:00 p.m. 27 7:00 p.m. May 2009 4 7:00 p.m. 11 6:00 p.m. 12 7:00 p.m. 16 7:00 a.m. 18 7:00 p.m. 25 all day 26 6:00 p.m. 26 7:00 p.m. June 2009 1 7:00 p.m. 8 6:00p.m. 9 7:00 p.m. 11-14 varies 12 5:00 p.m. 14 1:30 p.m. 15 7:00 p.m~,"" 22 6:00 B .. 29 7:0~' M~J?i City Co known as 1\ regarding the Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) City Council meeting STMA Ice Arena Board meeting.At1k, Planning and Zoning Commission""diretlfig ~~;~~~~~r~::t~~anup D~j~;(18%~1;!!;,~, Memorial Day observed -:;.. Offic .... Joint Powers Water Bo %nH~\ting ....,,'% " Committee of the Wl\ e W ofkshop (cance ", -~"'(~ OUNCIL MEETING TO GO INTO A s to c1e~;'e~tmcil Chamber) ded by Council member Wagner to closed the regular a clo session to discuss the Gold Key Development, also . between the City of Albertville vs. SEH; and discussion . irie Run Development. Motion carried unanimously. CLOSED SESSION Discuss the Lawsuit - City of Albertville vs. SEH - update City Council on Mediation Update the Council on the Prairie Run - Builders vs. Gold Key M:\Public Data\City Counci1\Council Minutes\2009 Minutes\Drafts\M 03-16-09 B-drafts.doc Agenda Item No.4. Meeting Date April 6, 2009 15 ~ 1\!~~~!'!iJL€ Mayor and Council Communication March 23, 2009 SUBJECT: PUBLIC HEARING - ASSESSMENT ROLL To COMPLETE ALBERT VILLAS 6TH ADDITION PUNCH LIST ITEMS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion: to approve Resolution No. 2009-006 entitled a Resolution Adopting Special Assessments for Albert Villas 6th Addition Developer Improvements. BACKGROUND: On November 31,2005, Edina Development Corporation filed for Chapter 11 bankruptcy ~rotection. At the time, it had not completed all of its obligations under the Albert Villas 6t Addition Developer's Agreement, leaving approximately $45,000 in punch list items (cracked curb and sidewalk, unplanted landscape trees, etc.) unfinished. The bankruptcy effectively discharged Edina Development from its remaining obligations under the Developer's Agreement, although the lots in the development remain bound by the terms of the Developer's Agreement. The City was secured by a letter of credit from Lakeland Construction Finance, LLC, a financing company that financed many developments in the Twin Cities area, including Albert Villas 6th Addition. That letter of credit expired in August 2008, before the City filed a claim on it (we missed the deadline by a few days). Even had the City claimed on the letter of credit, the City would not have been paid as Lakeland is insolvent and now under receivership in Hennepin County Court, with no creditors being paid at this time. At least one other city in Wright County claimed on a Lakeland letter of credit prior to August, 2008, and has not been paid. Couri, MacArthur and Ruppe is now aware of more than 20 cities that have claimed on Lakelands letters of credit, with none of them being paid. A recent Star Tribune article indicated that Lakeland may have more than $200 million in obligations due that it has defaulted on. With no letter of credit to back the work to be done, Staff is recommending that the City special assess the vacant lots in the 6th Addition for the cost ofthe punch list items. The Developer's Agreement gives the City the power to special assess the Developer's property in the event the letter of credit is insufficient to cover the developer's default. There are twenty nine vacant lots in Albert Villas 6th Addition. Each lot would be special assessed approximately $1,551.72. KEY ISSUES: . The City will incur approximately $45,000 to complete the punch list items for Albert Villas 6th Addition. . There is no letter of credit to draw on to reimburse the City for these expenses. . 29 vacant lots would each be special assessed $1,551.72 M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 7 A A V6 Assessment Roll RCA (final).doc Agenda Item No.7 .A. Meeting Date April 6, 2009 17 Mayor and Council Communication - March 26, 2009 Engineering - Preliminary Assessment Roll - Albert Villas 6th Add. Page 2 of2 · The final assessment amount is based on the quotes received and selected to complete the work. POLICY CONSIDERATIONS: Special assessing the vacant lots formerly owned by the Developer appears to be keeping with the intent of the Developer's Agreement. If the City does not special assess these costs, the City will have to fund the cost of these items from its general fund or forego installing the improvements contemplated by the Developer's Agreement and the repairs to damaged infrastructure. FINANCIAL CONSIDERATIONS: Ifthe City chooses not to special assess these costs; the City would need to find $45,000 from the general fund or some other fund in order to complete these items. There is no other way to recover these costs other than via special assessment. LEGAL CONSIDERATIONS: The Developer's Agreement authorizes the special assessment of Developer's properties ifthe letter of credit is insufficient to cover the Developer's obligations. Respectfully submitted, dl,~~ Larry R. ~:;- City Administrator Department/Responsible Person: Engineering! Adam Nafstad, Asst. City Engineer and Legal/Mike Couri, City Attorney Attachments: Resolution No. 2009-006; Assessment Roll; Assessment Map M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 20097 A A V6 Assessment Roll RCA (final).doc Agenda Item No.7 .A. Meeting Date April 6, 2009 18 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2009-006 RESOLUTION ADOPTING ASSESSMENTS FOR ALBERT VILLAS 6TH ADDITION DEVELOPER IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the Albertville City Council has met and heard and passed upon all objections to the proposed assessment for certain improvements to the Albert Villas 6th Addition that were originally the obligation of the developer of Albert Villas 6th Addition, including curb and sidewalk repair and landscaping installation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. The assessment levied by this resolution shall be payable in equal annual principal installments extending over a period of one year, the first of the installments to be payable on or before the first Monday of January, 2010, and shall bear interest at a rate of 6.1 % per annum from the date of this resolution until December 31, 2010. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other taxes. ADOPTED by the City Council this 6th day of April, 2009. M:\Public Data\City Council\Council Packet information\2009\04-06-09\04 06 2009 7 A PH Spec Assess A V 6th. doc Agenda Item No. 7.A. Meeting Date April 6, 2009 19 ASSESSMENT ROLL ALBERT VILLAS 6TH ADDITION IMPROVEMENTS ALBERTVILLE, MN ALBERT VILLAS 6TH ADD. PARCEL 10 PROPERTY OWNER PROPOSED Lot Block ASSESSMENT 3 1 101-096-001-030 Lakeland Construction $1,551.72 8 1 101-096-001-080 Lakeland Construction $1,551.72 9 1 101-096-001-090 Lakeland Construction $1,551.72 10 1 101-096-001-100 Lakeland Construction $1,551.72 11 1 101-096-001-110 Lakeland Construction $1,551.72 12 1 101-096-001-120 Lakeland Construction $1,551.72 1 2 101-096-002-010 Lakeland Construction $1,551.72 2 2 101-096-002 -020 Lakeland Construction $1,551.72 3 2 101-096-002-030 Lakeland Construction $1,551.72 4 2 101-096-002-040 Lakeland Construction $1,551.72 3 3 101-096-003-030 Lakeland Construction $1,551.72 4 3 101-096-003-040 Lakeland Construction $1,551.72 5 3 101-096-003-050 Lakeland Construction $1,551.72 6 3 101-096-003-060 Lakeland Construction $1,551.72 7 3 101-096-003-070 Lakeland Construction $1,551.72 12 5 101-096-005-120 Lakeland Construction $1,551.72 15 5 101-096-005-150 Lakeland Construction $1,551.72 16 5 101-096-005-160 Lakeland Construction $1,551.72 1 6 1 01-096-006-01 0 Lakeland Construction $1,551.72 1 7 101-096-007-010 Lakeland Construction $1,551.72 2 7 101-096-007 -020 Lakeland Construction $1,551.72 4 7 101-096-007 -040 Lakeland Construction $1,551.72 6 7 1 01-096-007 -060 Lakeland Construction $1,551.72 8 7 101-096-007 -080 Lakeland Construction $1,551.72 13 7 101-096-007-130 Lakeland Construction $1,551.72 16 7 101-096-007-160 Lakeland Construction $1,551.72 19 7 101-096-007-190 Lakeland Construction $1,551.72 23 7 101-096-007 -230 Lakeland Construction $1,551.72 25 7 101-096-007 -250 Lakeland Construction $1,551.72 TOTAL ASSESSMENT: $44,999.88 M:\Public Data\City Council\Council Packet information\2009\04-06-09\04 06 2009 7 A PH Spec Assess A V 6th.doc Agenda Item No. 7.A. Meeting Date April 6, 2009 20 ASSESSED LOTS (29) - PROPOSED ASSESSMENT RATE = $1551.72/LOT 11\BOL TON & MENK. INC. CITY OF ALBERNILLE, MN Conaultlng Engln..,.. a: Surveyo,.. ALBERT VILLAS 6TH. ADDITION IMPROVEMENTS lIANlCATO, lIN FAlRllONT. lIN SIiEP'I' E'tE. WI WIU.IIAR, lIN BURNSVlLLE. lIN CHASKA, lIN RAIlSEY.lIN AllES. If. ASSESSMENT MAP ~Bolton &: Menk, Inc. 2009. All Rights Reserved H: R1310071S CAD l00767ASSESSWENT. 3 11 08 &;19 om MARCH, 2009 FIGURE NO. 1 21 ~ ~~~!!~tlL€ Mayor and Council Communication Aprill, 2009 SUBJECT: . FINANCE _70TH STREET NE IMPROVEMENT PAY ESTIMATE No.4 (FINAL) TO THE CITY OF OTSEGO RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to accept the City Engineer's (BMI) Recommendation for Final Payment Request No.4 to the City of Otsego in the amount of $34,430.4 7 for the 70th Street NE Improvement. BACKGROUND: In August of2007, the City of Albertville entered into a contract with the City of Otsego to complete a shape and pave of 70th Street NE between CSAH 19 and MacIver Avenue NE. Construction of the project began in the fall of2007 and the improvements have since been completed and accepted by Otsego. The City of Otsego is requesting final payment (Partial Pay Estimate No.4) in the amount of $34,430.47, which represents 50% of the final payment owed to the project Contractor (Knife River). The invoice amount is consistent with the 70th Street agreement and staff recommends payment be made to the City ofOtsego in the amount of $34,430.47. For your information, the amount of the original construction contract with the Contractor was for $310,582.73 and the final construction cost is $364,200.23. Albertville's total project responsibility is $215,117.23, which includes construction and professional services owed to Otsego. KEY ISSUES: Payment is consistent with the terms ofthe 70th Street Agreement with the City of Otsego. POLICY CONSIDERATIONS: The guiding document for the project is a contract between the City of Albertville and the City of Otsego. FINANCIAL CONSIDERATIONS: The City has Development Agreements for the Towne Lakes and Hunter's Pass Additions whereby they have escrowed or have been assessed for $355,895.75 to improve 70th Street NE. The City has $108,511.94 of cash available in a fund designated for 70th Street NE. The City also has assessments receivable of $35,914.14. Any shortfalls of funds for 70th Street NE would be considered an interdepartmental loan until the assessments receivable are collected. q. Ee \ ~ 23 Mayor and Council Communication - April!, 2009 70th Street NE Payment Request No.4 (Final) to the City of Otsego Page 2 of2 LEGAL CONSIDERATIONS: The Mayor and Council are obligated under the contract with the City of Otsego to make timely payments, unless there is a contractual dispute of issue. At this time there are not contractual disputes. Respectfully submitted, 4~~ Larry R. Kruse City Administrator Department/Responsible Person: Finance Department/Tina Lannes Attachments: Bolton and Menk, Inc. Pay recommendation M:\public Date\City Council\Council Packet infonnation\2008\04 07 2008 8-H-2 70th Street NE Payment NO.2 RCAdoc Agenda Item No. Meeting Date April q! _E. L lu,6-c09 24 ,,I E3C>L TC>N &. I'v'1 E: N K., I Ne. Consulting Engineers & Surveyors 7533 Sunwood Drive NW . Ramsey, MN 55303 Phone (763) 433-2851 . Fax (76~) 427-0833 www.bolton-menk.com March 26, 2009 Mr. Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE, P.O. Box 9 Albertville, MN 55301-0009 RE: 70th Street Improvements - 2007 Partial Pay Estimate No.4 and Final City of Albertville, MN Dear Mr. Kruse: I have reviewed the enclosed March 3, 2009 invoice from the City of Otsego for the above referenced project. The total invoice amount'is $34,430.47 and represents 50% of the final payment owed to the project Contractor (partial Pay Estimate No.4). No additional professional service fees appear to be included as part of this invoice. The invoice amount is consistent with the 70th Street agreement and it recommended that payment be made to the City of Otsego in the amount of 534,430.47 For your information, the amount of the original construction contract was for $310,582.73 and the fmal construction cost is $364,200.23. The payment summary for Albertville's portion of the project, including professional services owed to Otsego, is as follows: Partial Payment No. 1 Partial Payment No.2 Partial Payment No.3 Final Payment Total Albertville Project Cost $87,779.76 (paid) $50,106.74 (paid) $42,800.26 (paid) S34.430.47 (owed) $215,117.23 Please ensure the total amount previously paid to Otsego plus the fmal payment does not exceed the total Albertville cost as shown above. Please let me if you have any questions regarding this pmtial payment. DESIGNING FOR A BEITER TOMORROW Bolton & Menk is an equal opportunity employer C\~~~\~ 25 O 70th Street Final . 3/26/09 " . Page 2 of 2 Sincerely, BOLTON & MENK, INC. " ~~~ Adam Nafstad, P.E. Albertville Engineer Enclosures Cc: Tina Lannes - Finance Director q ~t - \. 26 ~ 1\.!~~!!~tlL€ Mayor and Council Communication Aprill, 2009 SUBJECT~ . FINANCE DEPARTMENT - PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion authorizing the Monday, April 6, 2009 payment of the claims that includes check numbers 026833 to 026894 as presented except the bills specifically pulled, which are passed by separate motion. BACKGROUND: The City process's claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for final approval. KEY ISSUES: Check No. 026837 Check No. 026842 Check No. 026854 Check No. 026859 Check No. 026878 Check No. 026879 Check No. 026894 Arin Davis - Fire Department EMPT training mileage (Mankato) VOID FYCC - Albertville's half ofthe baseball software Krista Morrell - refund over paid final water bill Eric Sovis - Fire Department EMPT training mileage (Mankato) Sterling Codifiers - annual codification charge/web City of Otsego - 70th Street Payment # 4 Final (Item 9 .E.!) PRACTICES/POLICY CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and verified the invoices and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines disputes the billing. Respectfully submitted, cf~\Q~ Larr~~. ~: City Administrator DepartmentlResponsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 9E2 Finance Bills Report (RCA).doc Agenda Item No. 9.E.2. Meeting Date April 6, 2009 27 ~ f\!~~!'!~ll€ Check Detail Register April 6, 2009 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026833 4/6/2009 AFLAC G 101-21710 Other Deducations $16.16 143005 $16.16 Total AFLAC Paid Chk# 026834 4/6/2009 AMERICAN TEST CENTER E 101-42000-404 Repair/Maint - Machinery/Equip $1,045.00 2090756 Total AMERICAN TEST CENTER $1,045.00 Paid Chk# 026835 E 101-43100-417 E 101-45100-417 E 602-49400-417 E 101-43100-417 E 602-49400-417 E 101-45100-417 E 601-49450-417 E 601-49450-417 E 601-49450-417 E 101-43100-417 E 101-45100-417 E 602-49400-417 E 101-43100-417 E 602-49400-417 E 101-45100-417 E 601-49450-417 E 101-41940-405 E 101-42000-405 E 602-49400-417 E 101-45100-417 E 101-43100-417 E 601-49450-417 E 101-45100-417 E 602-49400-417 E 601-49450-417 E 101-43100-417 Total 4/6/2009 ARAMARK UNIFORM SERVICES Uniform Rentals $22.10 Uniform Rentals $20.39 Uniform Rentals $20.39 Uniform Rentals $20.40 Uniform Rentals $22.09 Uniform Rentals $22.09 Uniform Rentals $22.09 Uniform Rentals $20.40 Uniform Rentals $12.86 6296649768 Uniform Rentals $12.85 6296649768 Uniform Rentals $12.85 6296649768 Uniform Rentals $12.86 6296649768 Uniform Rentals $1304 6296692108 Uniform Rentals $13.03 6296692108 Uniform Rentals $13.03 6296692108 Uniform Rentals $13.03 6296692108 Repair/Maint - Buildings $88.37 6296692109 Repair/Maint - Buildings $19.14 6296692110 Uniform Rentals $21.33 6296696786 Uniform Rentals $21.32 6296696786 Uniform Rentals $21.33 6296696786 Uniform Rentals $21.33 6296696786 Uniform Rentals $13.03 6296701456 Uniform Rentals $13.03 6296701456 Uniform Rentals $13.03 6296701456 Uniform Rentals $13.04 6296701456 ARAMARK UNIFORM SERVICES $518.45 Paid Chk# 026836 4/6/2009 ARCOA INDUSTRIES LLC E 101-45100-210 Operating Supplies (GENERAL) $45.69 4164 Total ARCOA INDUSTRIES LLC $45.69 Paid Chk# 026837 4/6/2009 ARIN DAVIS E 101-41300-331 Travel Expenses $43.88 031909 Total ARIN DAVIS $43.88 Paid Chk# 026838 4/6/2009 BCA E 101-41940-361 General Liability Ins Total BCA $15.00 $15.00 Paid Chk# 026839 4/6/2009 BOB MARQUTTE E 101-41100-200 Office Supplies (GENERAL) Total BOB MARQUTTE $12.07 $12.07 AFLAC Insurance Prem Annual safety inspection Public Works - Uniform Serv Parks Dept - Uniform Serv Water Dept - Uniform Serv Public Works - Uniform Serv Water Dept - Uniform Serv Parks Dept - Uniform Serv Sewage Dept. - Uniform Serv Sewage Dept. - Uniform Serv Sewage Dept. - Uniform Serv Public Works - Uniform Serv Parks Dept - Uniform Serv Water Dept - Uniform Serv Public Works - Uniform Serv Water Dept - Uniform Serv Parks Dept - Uniform Serv Sewage Dept. - Uniform Serv mops MATS Water Dept - Uniform Serv Parks Dept - Uniform Serv Public Works - Uniform Serv Sewage Dept. - Uniform Serv Parks Dept - Uniform Serv Water Dept - Uniform Serv Sewage Dept. - Uniform Serv Public Works - Uniform Serv EZ reach FD EMPT Training mileage Phil Morris background check FD office supplies M:\Public Data\City Council\Council Packet information\2009\04-06-09\04 06 2009 9E2 Finance Bills Posted Batch.doc Agenda Item No.9 .E.2. Meeting Date April 6, 2009 28 Mayor and Council Communication - Aprill, 2009 Finance - Payment of Claims Page 2 of7 10100 Premier Bank Paid Chk# 026840 4/6/2009 CENTER POINT ENERGY E 101-42000-383 Gas Utilities E 101-45100-383 Gas Utilities E 101-41940-383 Gas Utilities Total CENTER POINT ENERGY Paid Chk# 026841 4/6/2009 CITY OF MONTICELLO E 101-42700-309 Animal Control Contract Total CITY OF MONTICELL.O Paid Chk# 026842 4/6/2009 CITY OF OTSEGO E 497-00000-300 Professional Srvs (GENERAL) Total CITY OF OTSEGO Paid Chk# 026843 4/6/2009 COBORN'S E 101-42000-314 Meals (meetings) Total COBORN'S Check Amt $935.52 $236.25 $554.23 $1,726.00 $431 .33 11116 $431.33 $42,800.26 $42,800.26 $80.84 $80.84 Paid Chk# 026844 4/6/2009 DEHMER FIRE PROTECTION E 101-45100-405 Repair/Maint - Buildings E 101-43100-405 Repair/Maint - Buildings E 101-41940-405 Repair/Maint - Buildings Total DEHMER FIRE PROTECTION $32.76 2570 $32.76 2570 $98.26 2570 $163.78 Paid Chk# 026845 4/6/2009 OJ'S TOTAL HOME CARE CENTER E 101-42000-200 Office Supplies (GENERAL) $18.45 Total OJ'S TOTAL HOME CARE CENTER $18.45 Paid Chk# 026846 4/6/2009 DOCUMENT DESTRUCTION SERVICE E 101-41000-300 Professional Srvs (GENERAL) $30.00 135898 Total DOCUMENT DESTRUCTION SERVICE $30.00 Paid Chk# 026847 E 101-43100-212 E 602-49400-212 E 101-43100-212 E 602-49400-212 E 601-49450-212 E 101-43100-212 E 101-45100-212 E 101-45100-212 Total 4/6/2009 Motor Fuels Motor Fuels Motor Fuels Motor Fuels Motor Fuels Motor Fuels Motor Fuels Motor Fuels EGGEN'S DIRECT SERVICE, INC. EGGEN'S DIRECT SERVICE, INC. $47.00 143670 $40.50 143792 $20.00 143792 $40.50 143792 $51.02 143800 $29.00 143831 $33.30 143848 $37.50 143888 $298.82 Paid Chk# 026848 4/6/2009 ELECTRIC PUMP, INC. E 601-49450-404 Repair/Maint - Machinery/Equip $2,086.23 38408 Total ELECTRIC PUMP, INC. $2,086.23 Paid Chk# 026849 E 101-43100-321 E 601-49450-321 E 101-41940-321 E 101-41940-321 E 101-42000-321 E 101-41940-321 E 101-45100-321 E 601-49450-321 E 101-41940-321 E 101-41940-321 4/6/2009 Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone EMBARQ - TX $37.51 $16.11 $36.69 $36.69 $38.61 $37.51 $16.11 $36.69 $122.22 $36.69 $414.83 Invoice Comment 11350 57th 5801 Lander 5954 Main Animal Control Service 70th St - Part Pay #3 food for WCFCA - FD fire extinguishers fire extinguishers fire extinguishers supplies FD March shredding fuel fuel fuel fuel fuel fuel fuel fuel mixer repair, pump parts 497-0774 497-1888 497-3486 497-3695 497-0261 497-0452 497-2215 497-0269 taxes and surcharge 497-3704 M:\Public Data\City Council\Council Packet information\2009\04-06-09\04 062009 9E2 Finance Bills Posted Batch.doc Total EMBARQ - TX Agenda Item No.9 .E.2. Meeting Date April 6, 2009 29 Mayor and Council Communication - Aprill, 2009 Finance - Payment of Claims Page 3 of7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026850 4/6/2009 EMBARQ - TX 2 E 101-42000-321 Telephone E 101-42000-321 Telephone E 1 0 1-42000-321 Telephone E 101-42000-321 Telephone Total EMBARQ - TX 2 $7.14 $31.83 $36.69 $3669 $112.35 Paid Chk# 026851 4/6/2009 EMBARQ- MO E 101-41940-321 Telephone $15.05 $15.05 Total EMBARQ- MO Paid Chk# 026852 4/6/2009 EMERGENCY AUTOMOTIVE TECHNOLOG E 101-42000-404 Repair/Maint - Machinery/Equip $44.79 211091 Total EMERGENCY AUTOMOTIVE TECHNOLOG $44.79 Paid Chk# 026853 4/6/2009 E 101-42000-107 Fire Training E 101-42000-208 Training and Instruction Total FIRE INSTRUCTION & RESCUE EDUC FIRE INSTRUCTION & RESCUE EDUC $2,980.00 07808 $270.00 7770 $3,250.00 Paid Chk# 026854 4/6/2009 FYCC E 101-45100-210 Operating Supplies (GENERAL) Total FYCC $66.00 7802 $66.00 Paid Chk# 026855 4/6/2009 GOPHER STATE ONE-CALL E 602-4.9400-209 Locates E 601-49450-209 Locates Total GOPHER STATE ONE-CALL $24.65 9020283 $24.65 9020283 $49.30 Paid Chk# 026856 4/6/2009 GRAINGER E 101-43100-404 Repair/Maint - Machinery/Equip Total GRAINGER 497-7474 taxes and surcharge 497-1340 497-7474 497-3384 phone line repair Ryan's phone Fire Fighter 1 training HAZ Mat Baseball software Locates - Water Dept Locates - Sewer Dept $46.01 9854815041 ball valve $46.01 Paid Chk# 026857 4/6/2009 HENRYS WATERWORKS, INC E 101-43100-400 Repair/Maint- Paved Rd $683.69 13221 Total HENRYS WATERWORKS, INC $683.69 Paid Chk# 026858 4/6/2009 INTERtlA TIONAL CODE COUNCIL E 101-42400-433 Dues and Subscriptions $100.00 Total INTERNATIONAL CODE COUNCIL $100.00 Paid Chk# 026859 4/6/2009 KRISTA MORRELL R 602-00000-99999 UNALLOCATED UTILITY Total KRISTA MORRELL $236.76 $236.76 Paid Chk# 026860 E 101-43100-208 E 101-41300-208 E 601-49450-208 Total 4/6/2009 LEAGUE OF MINNESOTA CITIES Training and Instruction $20.00 128424 Training and Instruction $20.00 128424 Training and Instruction $20.00 128424 LEAGUE OF MINNESOTA CITIES $60.00 Paid Chk# 026861 4/6/2009 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $24.32 26379 E 101-41400-413 Office Equipment Rental $126.00 26380 E 101-41400-413 Office Equipment Rental $23.53 26381 Total MINNESOTA COPY SYSTEMS $173.85 50# cold patch Jon Sutherland Gov Membership refund overpmt ub TG Loss control wk shop LK loss control wk shop JM Loss Control Wkshop Copier Maintenance Agreement Copier Maintenance Agreement Copier Maintenance Agreement M:\Public Data\City Council\Council Packet infonnation\2009\04-06-09\04 06 2009 9E2 Finance Bills Posted Batch.doc Agenda Item No.9 .E.2. Meeting Date April 6, 2009 30 Mayor and Council Communication - April 1, 2009 Finance - Payment of Claims Page 4 of7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026862 4/6/2009 MN DEPT. OF TRADE/ECON. DEV. E 203-00000-310 Other Professional Services $594.04 Total MN DEPT. OF TRADElECON. DEV. $594.04 Paid Chk# 026863 4/6/2009 MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $75.00 304A Total MONTICELLO ANIMAL CONTROL $75.00 Paid Chk# 026864 4/6/2009 MTI DISTRIBUTING, INC. E 101-45100-404 Repair/Maint - Machinery/Equip $423.17 65696400 Total MTI DISTRIBUTING, INC. $423.17 Paid Chk# 026865 E 101-43100-404 E 101-42000-404 E 101-45100-404 E 101-43100-215 E 101-43100-404 E 602-49400-404 E 101-42000-404 4/6/2009 NAPA AUTO PARTS Repair/Maint - Machinery/Equip Repair/Maint - Machinery/Equip Repair/Maint - Machinery/Equip Shop Supplies Repair/Maint - Machinery/Equip Repair/Maint - Machinery/Equip Repair/Maint - Machinery/Equip Total NAPA AUTO PARTS Paid Chk# 026866 4/6/2009 NCL OF WISCONSIN E 601-49450-210 Operating Supplies (GENERAL) Total NCL OF WISCONSIN Paid Chk# 026867 4/6/2009 NEXTEL COMMUNICATIONS E 101-42400-323 Nextel Radio Units E 601-49450-323 Nextel Radio Units E 101-41400-323 Nextel Radio Units E 101-42000-321 Telephone E 101-41300-321 Telephone E 101-41500-323 Nextel Radio Units E 101-45100-323 Nextel Radio Units E 101-43100-323 Nextel Radio Units E 602-49400-323 Nextel Radio Units Total NEXTEL COMMUNICATIONS Paid Chk# 026868 4/6/2009 NFPA E 101-42000-433 Dues and Subscriptions Total NFPA $20.29 490278 $339.27 491658 $12.82 491659 $19.21 493373 $14.63 493377 $28.85 493873 $16.82 701134 $451.89 $80.03 249654 $80.03 $37.38 $56.08 $37.38 $85.75 $77.48 $58.99 $51.16 $51.16 $56.08 $511.46 $150.00 $150.00 Fraser Loan Feb dog/cat pick up bearings/v-belt clamps FD Battery Vbelt - Toro floor dry Supplies - PW 3/4 ton manifold FD Relay Buffer solution Nextel Nextel Nextel Nextel Nextel Nextel Nextel Nextel Nextel FD dues Paid Chk# 026869 4/6/2009 OREILLY AUTOMOTIVE INC E 601-49450-404 Repair/Maint - Machinery/Equip $428.88 1749169312 parts Total OREILLY AUTOMOTIVE INC $428.88 Paid Chk# 026870 4/6/2009 E 101-41400-322 Postage E 601-49450-322 Postage E 602-49400-322 Postage E 604-49960-322 Postage Total PITNEY BOWES - POSTAGE PITNEY BOWES - POSTAGE $516.77 $675.88 $310.24 $121.88 $1,624.77 Paid Chk# 026871 E 101-41400-200 E 101-41400-200 4/6/2009 S & T OFFICE PRODUCTS Office Supplies (GENERAL) Office Supplies (GENERAL) Total S & T OFFICE PRODUCTS $13.37 1288 $111.35 15042 $124.72 postage postage postage postage supplies Binders, post its, paper M:IPublic Data\City Council\Council Packet information\2009\04-06-09\04 06 2009 9E2 Finance Bills Posted Batch.doc Agenda Item No.9 .E.2. Meeting Date April 6, 2009 31 Mayor and Council Communication - April!, 2009 Finance - Payment of Claims Page 5 of7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026872 4/6/2009 S.E.H. E 468-49000-303 Engineering Fees $1,279.76 214922 $1,279.76 Total S.E.H. 194/CSAH 37 Paid Chk# 026873 4/6/2009 SCHINDLER ELEVATOR CORPORATION E 101-41940-404 Repair/Maint - Machinery/Equip $286.90 7151138516 Call back - door stuck open Total SCHINDLER ELEVATOR CORPORATION $286.90 Paid Chk# 026874 E 101-42000-405 E 101-45100-405 4/6/2009 SENTRY SYSTEMS, INC. Repair/Maint - Buildings Repair/Maint - Buildings Total SENTRY SYSTEMS, INC. $33.44 595815 $30.11 595815 $63.55 Paid Chk# 026875 4/6/2009 SHERWIN-WILLIAMS CO E 101-41940-405 Repair/Maint - Buildings $49.10 52400 Total SHERWIN-WILLIAMS CO $49.10 Paid Chk# 026876 4/6/2009 SIMPLEXGRINNELL E 101-42000-405 Repair/Maint - Buildings $268.38 64376830 Total SIMPLEXGRINNELL $268.38 Paid Chk# 026877 4/6/2009 SIR PLUS SALES, INC E 101-43100-215 Shop Supplies $193.95 Total SIR PLUS SALES, INC $193.95 Paid Chk# 026878 4/6/2009 SOVIS, ERIC E 101-42000-331 Travel Expenses $128.70 Total SOVIS, ERIC $128.70 Paid Chk# 026879 4/6/2009 STERLING CODIFIERS, INC. E 101-41400-300 Professional Srvs (GENERAL) $684.00 8943 Total STERLING CODIFIERS, INC. $684.00 Paid Chk# 026880 4/6/2009 SUNRISE PLUMBING E 101-43100-405 Repair/Maint - Buildings $25.00 9930 Total SUNRISE PLUMBING $25.00 Paid Chk# 026881 4/6/2009 TIM DALY E 101-42000-404 Repair/Maint - Machinery/Equip $116.19 Total TIM DALY $116.19 Paid Chk# 026882 4/6/2009 TINKLENBERG GROUP E 468-49000-300 Professional Srvs (GENERAL) $2,768.86 1643 Total TINKLENBERG GROUP $2,768.86 Paid Chk# 026883 4/6/2009 TRUEMAN WELTERS E 101-45100-404 Repair/Maint - Machinery/Equip $2.02 4211 Total TRUEMAN WELTERS $2.02 Paid Chk# 026884 E 101-42000-310 E 101-41400-413 4/6/2009 TRYCO LEASING INC Other Professional Services Office Equipment Rental Total TRYCO LEASING INC $113.24 4250 $689.62 4251 $802.86 Paid Chk# 026885 4/6/2009 USA BLUE BOOK E 602-49400-210 Operating Supplies (GENERAL) Total USA BLUE BOOK $172.81 773481 $172.81 Fire Alarm FD 11822 63rd Street - Fire Alarm Paint - City Hall emergency lights in hall floor jack, drill bit set travel exp - Mankato Codifying ball valve/eye wash sink Pressure washer parts 1-94 bolt - PW FD Copier Lease Lease - City Hall bal valve lockouts, gloves M:\Public Data\City Council\Council Packet information\2009\04-06-09\04 06 2009 9E2 Finance Bills Posted Batch.doc Agenda Item No. 9.E.2. Meeting Date April 6, 2009 32 Mayor and Council Communication - Aprill, 2009 Finance - Payment of Claims Page 6 of7 10100 Premier Bank Paid Chk# 026886 4/6/2009 USABLE LIFE E 101-41300-131 Employer Paid Health E 601-49450-130 Employer Paid Ins (GENERAL) E 601-49450-130 Employer Paid Ins (GENERAL) E 602-49400-130 Employer Paid Ins (GENERAL) E 602-49400-130 Employer Paid Ins (GENERAL) E 101-42400-130 Employer Paid Ins (GENERAL) E 101-43100-130 Employer Paid Ins (GENERAL) E 101-45100-130 Employer Paid Ins (GENERAL) E 101-41500-131 Employer Paid Health E 101-45100-130 Employer Paid Ins (GENERAL) E 101-41400-131 Employer Paid Health G 101-21710 Other Deducations E 101-41300-131 Employer Paid Health E 101-41500-131 Employer Paid Health E 101-42400-130 Employer Paid Ins (GENERAL) E 101-41400-131 Employer Paid Health E 101-43100-130 Employer Paid Ins (GENERAL) Total USABLE LIFE Paid Chk# 026887 4/6/2009 VALERIUS, BILL E 101-42000-200 Office Supplies (GENERAL) Total VALERIUS, BILL Check Amt Invoice Comment $54.29 $9.00 $34.27 $9.00 $34.25 $69.48 $49.19 $19.55 $4.95 $5.40 $6.60 $7.50 $14.10 $35.53 $22.35 $22.81 $9.30 $407.57 Emp Stdis Ins Emp Life Ins Emp Stdis Ins Emp Life Ins Emp Stdis Ins Emp Stdis Ins Emp Stdis Ins Emp Stdis Ins Emp Life Ins Emp Life Ins Emp Life Ins Emp Life Ins Emp Life Ins Emp Stdis Ins Emp Life Ins Emp Stdis Ins Emp Life Ins $15.26 $15.26 postage for SCBA repair to MES Paid Chk# 026888 4/6/2009 WATER LABORATORIES INC E 601-49450-218 Testing Expenses $613.00 673 Total WATER LABORATORIES INC $613.00 Testing Expense (CBOD-5) Paid Chk# 026889 4/6/2009 WEIDNERS PLUMBING & HEATING CO E 101-41940-405 Repair/Maint - Buildings $357.50 226470 Total WEIDNERS PLUMBING & HEATING CO $357.50 Paid Chk# 026890 4/6/2009 E 101-43100-221 Ice Removal Total WRIGHT COUNTY HIGHWAY DEPT. CH climate control WRIGHT COUNTY HIGHWAY DEPT. $2,439.53 $2,439.53 Salt Paid Chk# 026891 4/6/2009 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee Total WRIGHT RECYCLING $4,500.00 $4,500.00 Feb service Paid Chk# 026892 4/6/2009 WRIGHT-HENNEPIN COOPERATIVE E 1 01-451 00-381 Electric Utilities $217.63 E 101-43160-381 Electric Utilities $407.49 E 601-49450-381 Electric Utilities . $63.42 Total WRIGHT-HENNEPIN COOPERATIVE $688.54 Parks street lights lift station Paid Chk# 026893 4/6/2009 XCEL ENERGY E 601-49450-381 Electric Utilities $48.27 188129358 sewer E 101-43160-381 Electric Utilities $25.50 263099708 1183051st E 101-41940-381 Electric Utilities $24.25 263099889 5998 Labeaux E 101-45100-381 Electric Utilities $3.51 263100292 fire siren E 101-43160-381 Electric Utilities $1,114.44 263260496 5959 Main E 101-43160-381 Electric Utilities $30.53 263428754 CSAH 37 Signal Light E 101-43160-381 Electric Utilities $40.58 302207271 unit signal E 101-45100-381 Electric Utilities $9.24 302207271 park shelter E 601-49450-381 Electric Utilities $3,910.00 302207271 WVVTF E 601-49450-381 Electric Utilities $334.46 302207271 lift station E 601-49450-381 Electric Utilities $66.78 302207271 lift station E 101-43160-381 Electric Utilities $33.19 302207271 unit signal E 101-41940-381 Electric Utilities $34.07 302207271 6002 Main E 101-43160-381 Electric Utilities $106.65 302207271 unit signal E 101-45100-381 Electric Utilities $73.81 302207271 rink/ball fields M:\Public Data\City Council\Council Packet information\2009\04-06-09\04 06 2009 9E2 Finance Bills Posted Batch.doc Agenda Item No.9 .E.2. Meeting Date April 6, 2009 33 Mayor and Council Communication - Aprill, 2009 Finance - Payment of Claims Page 7 of7 10100 Premier Bank Paid Chk# 026893 4/6/2009 XCEL ENERGY (continued) E 101-43160-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-42000-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-41940-381 Electric Utilities E 601-49450-381 Electric Utilities Total XCEL ENERGY Paid Chk# 026894 4/6/2009 CITY OF OTSEGO E 497-00000-300 Professional Srvs (GENERAL) Total CITY OF OTSEGO 10100 Premier Bank Fund Summary 101 GENERAL FUND 203 REVOLVING LOAN 468 CSAH 19 RAMPS/I 94 Project 497 70th Street 601 SEWER FUND 602 WATER FUND 604 STORM WATER Check Amt Invoice Comment $84.95 302207271 $85.23 302207271 $358.71 302207271 $355.62 302207271 $139.51 302207271 $131.72 302207271 $35.91 302207271 $7,046.93 $34,430.47 $34,430.47 $81,958.96 10100 Premier Bank $24,64437 $594.04 $4,048.62 $34,430.47 $8,693.42 $1,056.37 $121.88 $73,589.17 unit signal Old PW garage 11822 63rd FD picnic shelter lights unit sewer 70th St - Part Pay #4 Final M:\Public Data\City Council\Council Packet infonnation\2009\04-06-09\04 06 2009 9E2 Finance Bills Posted Batch.doc Agenda Item No.9 .E.2. Meeting Date April 6, 2009 34 ~ A.!~~x!~~!L€ Mayor and Council Communication March 25, 2009 SUBJECT: . FINANCE - FOXT AlLERS SNOWMOBILE CLUB DONATION RECOMMENDA TION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to accept a donation in the amount of$1,422.00 from the Foxtailers Snowmobile Club to modify the City's cabinet in the hallway. The cabinet is to be initially used as a historical display and to direct City Staff to attach a "Donated by Foxtrailer's Snowmobile Club" in or on the case. BACKGROUND: The Foxtrailer's Snowmobile Club would like to donate $1,422 towards modification of the cabinet in mail hallway of City Hall to initially be used as a historical display case. The only condition is the Foxtrailers would like a small nameplate displayed noting the Clubs donation. The City Council in the past has expressed its desire to have a place for a historical display somewhere in City Hall. KEY ISSUES: . State law requires all donations to the City be formally accepted by the City Council . ' through motion or resolution. POLICY CONSIDERATIONS: It is the practice of the City for the Mayor and City Council 0 formally accept donations. FINANCIAL CONSIDERATIONS: There is no financial impact on the city. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to accept or deny donations given to the City for designated purposes. Respectfully submitted, ~~ City Administrator DepartmentlResponsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 9E3 Finance Foxtailers Donation (display case).doc Agenda Item No. 8.E.2. Meeting Date October 6, 2008 35 ~ 1\!1?-~!!~iJl~ Mayor and Council Communication March 31, 2009 SUBJECT: FINANCE DEPARTMENT REpORT RECOMMENDATION: This space on the agenda is reserved for the City Council to consider the Finance Department Accounts Receivable Report, Capital Projects Report and other Financial Matters. BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and Council to review and ask questions about the Monthly Finance Reports. ACCOUNTS RECEIVABLE Total accounts receivable outstanding through March 30,2009 is $59,599.69 The percentage ofthe total due based on the aging report is as follows: 0-30 days outstanding 30-60 days outstanding Over 90 days outstanding $22,268.97 $ 7,131.90 $30,198.82 37.36% 11.97% 50.67% The majority of the over 90 days outstanding are due to Albertville Holdings, Edina Development, Gold Key, Schuett Group and Towne Lakes. KEY ISSUES: . Gold Key and Edina Development outstanding bills may not be collectable . Albertville Holdings bill have been turned over to the City Attorney for collection . Towne Lakes 5th and 6th if not paid by April 9, 2009 we will draw off the letter of credit PRACTICESIPOLICY CONSIDERATIONS: The Mayor and Council review monthly financial reports. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Respectfully submitted, go.,vv~X~~ Larry R. ictus; , City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\City Council\Council Packet information\2009\04-06-09\04 06 2009 9E4 Finance Report.doc Agenda Item No.9 .E.4. Meeting Date April 6, 2009 37 Mayor and Council Communication - March 31,2009 Finance Director - Monthly Report Page 2 of2 Amount 60-90 90 days & Vendor Due 0-30 Days 30-60 days days Over 152 CLUB $704.30 $704.30 ALBERTVILLE HOLDINGS $2,537.55 $2,537.55 BREDEMEIER, ANNE $77.51 $77.51 CEDAR CREEK GOLF COURSE $20.00 $20.00 COLLY ARD GROUP $417.73 $417.73 CPG PARTNERS $549.08 $452.50 $96.58 CULVERS RESTAURANT $50.74 $50.74 DOMINIUM MGMT SERVICES $254.90 $254.20 $0.70 DORBOR, MEAIH & JENNEH $109.17 $109.17 EDINA DEVELOPMENT $3,769.39 $3,769.39 FEDERAL NATIONAL MORTGAGE $53.25 $53.25 FULL MOON SALOON $4,028.34 $3,520.00 $508.34 GOLD KEY $10,118.71 $205.00 $9,913.71 HOLM HOLDINGS INC $3,520.00 $3,520.00 K HOVNANIAN $152.93 $152.93 KEY COMMUNITY BANK .. $53.25 $53.25 LCI SUPPLY $482.65 $482.65 MEYER, ALICIA $756.15 $756.15 MORTGAGE PLANNERS $4,750.00 $4,750.00 MOSAIC FINE HOMES $110.06 $110.06 NENG,VANG $51.25 $51.25 NIEMEYER TRAILER SALES $3,918.50 $1,226.00 $2,692.50 PHIL MORRIS $1,674.40 $559.00 $1,115.40 QUALITY TITLE $247.50 $247.50 RUIZ, DANIEL $745.50 $745.50 SCHOELLER, JEFFERY $51.25 $51.25 SCHUETT R1E GROUP $3,134.25 $3,134.25 SHOPPES AT PRAIRIE RUN - FINKEN $767.26 $767.26 SOUN. CHANLOR $110.06 $110.06 TERRA DEVELOPMENT $168.75 $168.75 TOWNE LAKES 5TH, SCHERER BROS. $7,593.82 $1,443.56 $6,150.26 TOWNE LAKES 6TH, ALLIANCE BANK $7,290.19 $3,640.07 $2,843.75 $806.37 ZACHMAN, JERRY $1,331.25 $1,331.25 Total $59,599.69 $22,268.97 $7,131.90 $0.00 $30,198.82 Current 0-30 days $22,268.97 37.36% 30-60 days $7,131.90 11.97% 60-90 days $0.00 0.00% over 90 day $30,198.82 50.67% M:\Public Data\City Council\Council Packet information\2009\04-06-09\04 062009 9E4 Finance Report.doc Agenda Item No. 9.E.4. Meeting Date April 6, 2009 38 ~ ~~~!!'!~H~ Mayor and Council Communication April 21, 2008 SUBJECT: . CITY CLERK - ST. ALBERT CATHOLIC CHURCH GAMBLING PERMIT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve the Minnesota Lawful Gambling LG220 Application for Exempt Permit submitted by the St. Albert Catholic Church to conduct Excluded Bingo, Raffles, Paddlewheels, Pull-tabs, and Tipboards Activity at the St. Albert Parish Center located at 5 Main Avenue NE within the Albertville city limits for an event to be held onJuly 18,2009 and July 19,2009 with the Raffle drawing on July 29, 1009, which a signed copy of the gambling permit will be kept on file in the office of the City Clerk. BACKGROUND: Various non-profit organization submit Minnesota Lawful Gambling Permits to the City Clerk for presentation and Council approval at a regular City Council meeting. These organizations require City approval prior to submitting the applications to the Minnesota State. I\EY ISSUES: It is the City's policy to review and approve gambling permit application for the selling of Pull- tab's, Tipboards, Paddlewheels, and Raffles and conducting Bingo Activity at establishments within the Albertville city limits. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council review and approve applications for Gambling Permits during a regular City Council meeting for events held within the Albertville city limits. FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for the gambling permit. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and approve gambling permits for activity that will take place within the City of Albertville. Respectfully submitted, a~~^~~ ~~ Larry '~~~ City Administrator DepartmentlResponsible Person: AdministrationlBridget Miller, City Clerk Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 9Fl Clerk St Albert Church Gambling Lic (RCA).doc Agenda Item No.9.F .1. Meeting Date April 6, 2009 39 ~ AJ~~!!~iJL€ Mayor and Council Communication March 31, 2009 SUBJECT: CITY CLERK - ANNUAL LIQUOR LICENSES RENEWALS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider adopting the following motion(s): Motion to approve the Annual Renewal of the 2009-2010 Off-Sale Intoxicatin9 Liquor License to Holm Holdings Inc. for 152 Club; and, 200Q-2010 On-Sale Intoxicating Liquor License to Holm Holdings Inc. for 152 Club;; and, 2009-2010 Special Sunday Liquor License to Holm Holdings Inc. for 152 Club contingent on all Fire Code violations being completed and all invoices and bills being paid by Wednesday, April 15, 2009. If all non-compliant Fire Code issues and outstanding fees are not paid prior to April 15th, the renewal is not approved and the 152 Club must cease selling all liquor until such time as the Fire Chief certifies it's compliance with the fire code and the City Clerk verifies all bills are paid in full. At that time the City Clerk is directed to issue the above mentioned liquor licenses. BACKGROUND: According to the 2005 Albertville Municipal City Code, Annual Liquor License(s) run April 15 to April14. The State of Minnesota Alcohol and Gambling Department sends the applications to the City Clerk, who reviews and forwards them to the appropriate establishments. In May 2008, the 152 Club passed the semi-annual alcohol compliance check conducted by Wright County Services. However, failed the second round of alcohol compliance checks that were conducted in November 2008 and was fined $500.00, which is still outstanding. The 152 Club has several non-compliant fire code issues, most important is an exit door which open the wrong way. Numerous fire code inspections have been made, with no progress on exit door problem. Staff sees no reason this work has not been completed and strongly feels this safety issue must be corrected prior to reissuance of any licenses. KEY ISSUES: . The 152 Club currently has several fire code issues dating back to fall of2008, which have not been resolved. Of primary importance is a non-compliant exit, which is imperative that it be corrected prior to renewing the 152 Club's license. . Approve the Liquor License Renewal Applications as submitted to the City Clerk provided the establishments will abide by the rules and restrictions set by the City, County, and State contingent that all Fire Code violations and Building Code issues are corrected prior to April 15th. . Consider denying the renewal of the Liquor Licenses based on failure to be incompliance with the City, County, or State requirements, which would include Fire Code violations and Building Code issues. M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 9F2 Clerk 152 Club Liq Lie Renewal.doc Agenda Item No.9.F .2. Meeting Date April 6, 2009 41 Mayor and Council Communication - March 5, 2009 City Clerk - Annual Renewal of Liquor Licenses Page 2 of2 · Staff has been notifying the 152 Club regarding outstanding invoices with the City in the amount of $704.30, which are over 90 days past due and $107.86 an outstanding utility bill. · It has been a learning experience for staff to work with Deb Holm, owner of the 152 Club, during the Railroad Property Exchange; dealing with Fire Code violations; working through Building Code issues; collecting outstanding invoices and utility bills. POLICY/PRACTICES CONSIDERATIONS: It is the Mayor and City Council's policy to review and approve liquor license applications to sell liquor at various business establishments within the Albertville city limits. FINANCIAL CONSIDERATIONS: The City collects a Liquor License fee that varies . depending upon the type oflicense applied for (ie.: On-Sale Intoxicating $3,300; Special Sunday $220; Off-Sale Intoxicating $150, which the City waives the fee for Off-Sale). Denial of a license will affect the financial revenue for fees collected from the applicant for liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review, approve or deny; then direct staff to take action regarding any or all liquor license applications received by the City of Albertville. Respectfully submitted, a~~~ Larry ~~s~--- City Administrator DepartmentlResponsible Person: Administration/Bridget Miller, City Clerk Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\04 062009 9F2 Clerk 152 Club Liq Lic RenewaLdoc Agenda Item No. 9.F.2. Meeting Date April 6, 2009 42 ~ ~l?-~!!~~!L€ Mayor and Council Communication March 31, 2009 SUBJECT: CITY CLERK - ANNUAL LIQUOR LICENSES RENEWALS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider adopting the following motion(s): Motion to approve the Annual Renewal of the 2009-2010 Off-Sale Intoxicating Liquor License to Twin Star Food/Beverage Co. Inc. for Full Moon Saloon & Grill; and, 200Q-2010 On-Sale Intoxicating Liquor License to Twin Star Food/Beverage Co. Inc. for Full Moon Saloon & Grill; and, 2009-2010 Special Sunday Liquor License to Twin Star Food/Beverage Co. Inc. for Full Moon Saloon & Grill contingent that all Fire Code violations are completed and approved by the Fire Chiefby Wednesday, April 15, 2009; all outstanding invoices and utility bills are paid by Wednesday, April 15, 2009. If all non-compliant Fire Code issues and outstanding fees are not paid in full prior to April 15th, the renewal is not approved and the Full Moon Saloon & Grill must cease selling all liquor until such time as the Fire Chief certifies it's compliance with the Fire Code and the City Clerk verifies that all bills are paid in full. If those conditions are met, then the City Council directs the City Clerk to issue the above mentioned l~quor license. BACKGROUND: According to the 2005 Albertville Municipal City Code, Annual Liquor License(s) run April 15 to Aprill4. The State of Minnesota Alcohol and Gambling Department sends the applications to the City Clerk, who reviews and forwards them to the appropriate establishments. In May 2008, the Full Moon Saloon & Grill passed the semi-annual alcohol compliance check conducted by Wright County Services. However, failed the second round of alcohol compliance checks that were conducted in November 2008 and was fined $500.00, which is still outstanding. The Full Moon Saloon & Grill has several non-compliant Fire Code violations, which involved numerous Fire Code inspections to be made. Staff sees no reason this work has not been completed and strongly fees this safety issue must be corrected prior to reissuance of any licenses. KEY ISSUES: . The Full Moon Saloon & Grill currently has several Fire Code violations dating back to fall of 2008, which have not been resolved. . Approve the Liquor License Renewal Applications as submitted to the City Clerk provided the establishments will abide by the rules and restrictions set by the City, County, and State contingent that all Fire Code violations and Building Code issues are corrected prior to April 15th. M:IPublic DataIRequests for Council Actions (RCA)\2009104 062009 9F3 Clerk Full Moon Liq Lie Renewal.doc Agenda Item No. 9.F.3. Meeting Date April 6, 2009 43 Mayor and Council Communication - March 5, 2009 City Clerk - Annual Renewal of Liquor Licenses Page 2 of2 · Consider denying the renewal of the Liquor Licenses based on failure to be incompliance with the City, County, or State requirements, which would include Fire Code violations and Building Code issues. · Staff has been notifying the Full Moon Saloon & Grill regarding outstanding invoices with the City in the amount of$508.34, which is over 90 days past due and $334.73 in outstanding utility bills. · It has been a learning experience for staff to work with John Mabusth owner of the Full Moon Saloon & Grill dealing with Fire Code violations and working through Building Code issues; collecting outstanding invoices and utility bills. POLICYIPRACTICES CONSIDERATIONS: It is the Mayor and City Council's policy to review and approve liquor license applications to sell liquor at various business establishments within the Albertville city limits. FINANCIAL CONSIDERA T{ONS: The City collects a Liquor License fee that varies depending upon the type oflicense applied for (ie.: On-Sale Intoxicating $3,300; Special Sunday $220; Off-Sale Intoxicating $150, which the City waives the fee for Off-Sale). Denial of a license will affect the financial revenue for fees collected from the applicant for liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review, apPfove or deny; then direct staff to take action regarding any or all liquor license applications received by the City of Albertville. Respectfully submitted, ~~~ Larry R. Kruse City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 9F3 Clerk Full Moon Liq Lic Renewal.doc Agenda Item No. 9.F.3. Meeting Date April 6, 2009 44 ~ ~~~!!~~!L€ Mayor and Council Communication March 31, 2009 SUBJECT: CITY CLERK -NEW LIQUOR LICENSES RENEWALS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider adopting the following motion(s): Motion to approve the New Application for a 200Q-2010 On-Sale Intoxicating Liquor License to Morris Walker LTD for Emma Krumbees; and, 2009-2010 Special Sunday Liquor License to Morris Walker L TD for Emma Krumbees contingent upon passing the Bureau of Criminal Apprehension Background Check and then the City Clerk is hereby authorized to issue the license. BACKGROUND: According to the 2005 Albertville Municipal City Code, Annual Liquor License(s) run April 15 to April 14. The State of Minnesota Alcohol and Gambling Department sends the applications to the City Clerk, who reviews and forwards them to the appropriate establishments. KEY ISSUES: ". Approve the Liquor License Renewal Applications as submitted to the City Clerk provided the establishments will abide by the rules and restrictions set by the City, County, and State contingent that the Background Check from the BCA POLICY/PRACTICES CONSIDERATIONS: It is the Mayor and City Council's policy to review and approve liquor license applications to sell liquor at various business establishments within the Albertville city limits. FINANCIAL CONSIDERATIONS: The City collects a Liquor License fee that varies depending upon the type oflicense applied for (ie.: On-Sale Intoxicating $3,300; Special Sunday $220; Off-Sale Intoxicating $150, which the City waives the fee for Off-Sale). Denialofa license will affect the financial revenue for fees collected from the applicant for liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review, approve or deny; then direct staff to take action regarding any or all liquor license applications received by the City of Albertville. Respectfully submitted, d~~~rv.-~ Larry R. ~~; ~ City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: none M:\PubIic Data\Requests for Council Actions (RCA)\2009\04 06 2009 9F4 Clerk Emma Krumbees Liq Lic RenewaLdoc Agenda Item No.9.F .4. Meeting Date April 6, 2009 45 ~ ~~~!!~tlLE: Mayor and Council Communication March 23, 2009 SUBJECT: PLANNING - SUBDIVISION ORDINANCE AMENDMENT - LETTER OF CREDIT STANDARDS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion to adopt Ordinance No. 2009-010 entitled an Ordinance amending Section 11-9-4 (Agreement for Installation) and Section 11-9-5 (Financial Guarantee) of the Albertville Subdivision Regulations (Title 11) of the 2005 Albertville Municipal City Code, relating to deposit or security amounts required by the city and requirements of a bank issuing a letter of credit. BACKGROUND: The City Attorney has prepared an amendment to the Subdivision Ordinance regarding the standards for a letter of credit, escrow deposit, or certified check. The amendment proposes the following revisions: 1. Adds language regarding the amount of deposit or security required by the city; and 2. Adds language regarding the requirements of a bank issuing a letter of credit. Currently, the Subdivision Ordinance (Section 11-9-4.B.) requires that the amount of an escrow deposit, letter of credit, or certified check is to be based upon the city engineer's estimate of the total cost of the improvements to be furnished under the contract, which shall equal one hundred percent (100%) of the city engineer's estimate. The proposed amendment adds language regarding the specific amount of deposit or security required by the city and also adds language regarding the requirements of a bank providing an irrevocable letter of credit. KEY ISSUES: . The amendment adds language regarding the specific amount of deposit or security required by the city. . It also adds specific language regarding the requirements of a bank that is providing an irrevocable letter of credit. . Staff recommends that the Council approve the enclosed Ordinance Amendment. POLICY CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission for the amendment to the Subdivision Regulations. They recommended the City Council amend this section of the Code. FINANCIAL CONSIDERATIONS: This amendment shall assist in clarifying what amounts shall be included in an escrow deposit or irrevocable letter of credit or certified check M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 9Hl Planning RCA Subd Ord LOC Standards. doc Agenda Item No. 9.R.I. Meeting Date April 6, 2009 47 Mayor and Council Communication - March 23, 2009 Planning - Subdivision Regulations Amendment - LOC Standards Page 2 of2 LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to amend Ordinances, which requires a majority vote of the City Council and becomes effective upon publication. Respectfully submitted, cf~5J ~ Larry R. Knise City Administrator Department/Responsible Person: Planning/City Planner Alan Brixius Attachments: Ordinance No. 2009-010 M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 9HI Planning RCA Subd Ord LOC Standards.doc Agenda Item No. 9.R.I.. Meeting Date April 6, 2009 48 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2009-010 AN ORDINANCE AMENDING SECTION 11-9-4 (AGREEMENT FOR INSTALLATION) AND SECTION 11-9-5 (FINANCIAL GUARANTEE) OF THE ALBERTVILLE SUBDIVISION REGULATIONS (TITLE 11) OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE, RELATING TO DEPOSIT OR SECURITY AMOUNT REQUIRED BY CITY AND REQUIREMENTS OF A BANK ISSUING A LETTER OF CREDIT. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 11-9-4 (Agreement for Installation) of Chapter 9 (Improvement Requirements), relating to the specific amount of deposit or security required by the city, is hereby amended as follows: 11-9-4: AGREEMENT FOR INSTALLATION B. The agreement shall require the applicant to make an escrow deposit or furnish an irrevocable letter of credit or a certified check as is determined by the city attorney, city engineer, and city administrator. The amount ofthe deposit or security is to_be based upon the city engineer's estimate of the total cost ofthe improvements to be furnished under the contract, including the cost of inspection. The deposit or security shall equal one hundred percent (100%) of the city engineer's estimate of all municipal improvements, plus 150% of the estimated cost of all landscaping to be installed, plus 50% of the cost of on- and off-site improvements such as bituminous driveways, sod, and seeding. This amount may be reduced or increased upon approval of a city council resolution based upon such consideration as the size of the project, past performance by the applicant and/or financial credibility of the applicant, but in no case shall the amount be less than fifty percent (50%) of the city engineer's estimate. On request of the applicant, the contract may provide for completion of part or all of the improvements covered thereby prior to acceptance of the plat. In such event, and if evidence is presented that the described work and improvements have been paid for, the amount of the deposit may be reduced in a sum equal to the estimated cost of the improvements so completed prior to the acceptance of the plat. (Amended Ord. 1988-8,9-8 1988; amd. by 2005 Code) SECTION 2. Section 11-9-5 (Financial Guarantee) of Chapter 9 (Improvement Requirements), relating to the requirements of a bank providing an irrevocable letter of credit, is hereby amended as follows: 11-9-5: FINANCIAL GUARANTEE: M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-010 (Subd Ord LOC Standards).doc Agenda Item No.9 .H.1. Meeting Date April 6, 2009 49 City of Albertville County of Wright Ordinance No. 2009 - Subdivision Regulations re: Deposit or Security Amount Required by City & Requirements of a Bank Issuing a Letter of Credit Page 2 of2 B. Irrevocable Letter Of Credit: If an irrevocable letter of credit is required, it shall be payable to the order of the city and delivered to the city treasurer and city administrator in a sum equal to the amount calculated, as provided in section 11-9-4 of this chapter, as estimated by the city engineer for all the improvements to be furnished and installed by the applicant pursuant to the contract (developer's agreement), which have not been completed prior to the approval of the plat. The total cost shall include costs of inspection by the city. The irrevocable letter of credit must be from a bank which is insured by the FDIC and which has a branch within 100 miles of the Albertville city hall where the letter of credit can be drawn upon. All letters of credit must automatically renew annually unless the issuing bank sends the city a letter via certified mail at least 60 days prior to expiration notifying the city that the letter of credit will not be renewed upon its stated expiration date. The irrevocable letter of credit shall be approved as to form by the city attorney and filed with the city administrator. (Amended Ord. 1988-8, 9-8-1988) THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. , Approved by the Albertville City Council this _ day of April 2009. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-010 (Subd Ord LOC Standards).doc Agenda Item No. 9.H.l. Meeting Date April 6, 2009 50 ~ >>'\!~~!!~~!!~ Mayor and Council Communication March 23, 2009 SUBJECT: PLANNING - CITY CODE AMENDMENT - IMPROVEMENTS REQUIRED ON A PROPERTY PRIOR To ISSUANCE OF CERTIFICATE OF OCCUPANCY OR REFUND OF AN ESCROW (SILT FENCE REMOVAL) RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion to adopt Ordinance No. 2009-011 entitled an Ordinance amending Section 10-1-3 (Improvements or Escrow for New Residential Construction) of the Albertville Building and Development Regulations (Title 10) of the 2005 Albertville Municipal City Code, relating to the improvements required on a property prior to issuance of a Certificate of Occupancy or refund of an escrow. BACKGROUND: The City Attorney has prepared an amendment to the Building and Development Regulations (Title 10) of the City Code, regarding the improvements that are required on a property prior to the issuance of a Certificate of Occupancy or the refund of an Escrow. The amendment specifically addresses the removal of all silt fencing on a property. Currently, the Building and Development Regulations (Section 1O-1-3.A.1.a) outline improvements needed in order to receive a Certificate of Occupancy for a newly constructed residential dwelling. Some of those improvements include: residential development standards and individual lot requirements in a developer's agreement. The proposed amendment adds language regarding the removal of silt fencing on a property as one of the improvements required prior to the issuance of a Certificate of Occupancy. The Building and Development Regulations (Section 10-1-3.e.) also address the timing of the refund of an escrow. The proposed amendment adds language that specifies that the person or company which established the escrow must apply for a refund and that any silt fencing on the property must be removed prior to the refund of an escrow. KEY ISSUES: · The amendment adds specific language that all silt fencing shall be removed on a property prior to the issuance of a Certificate of Occupancy. . It also adds specific language that any silt fence on the property shall be removed prior to the refund of an escrow. . Staff recommends that the Council approve the enclosed Ordinance Amendment. M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 9H2 Planning RCA City Code 10-1-3.doc Agenda Item No.9 .H.2. Meeting Date April 6, 2009 51 Mayor and Council Communication - March 23, 2009 Planning - City Code Amendment - Silt Fence Removal Page 2 of2 POLICY CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission for the amendment to the City Code. They recommended the City Council amend this section of the Code. FINANCIAL CONSIDERATIONS: There are no significant financial issues related to these amendments. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to amend Ordinances, which requires a majority vote of the City Council and becomes effective upon publication. Respectfully submitted, oP~~~~ Larry R. Kruse City Administrator Department/Responsible Person: Planning/City Planner Alan Brixius Attachments: Ordinance No. 2009-011 M:\PubJic Data\Requests for Council Actions (RCA)\2009\04 06 2009 9H2 Planning RCA City Code IO-I-3.doc Agenda Item No. 9 .H.2. Meeting Date April 6, 2009 52 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2009-011 AN ORDINANCE AMENDING SECTION 10-1-3 (IMPROVEMENTS OR ESCROW FOR NEW RESIDENTIAL CONSTRUCTION) OF THE ALBERTVILLE BUILDING AND DEVELOPMENT REGULATIONS (TITLE 10) OF THE 2005 ALBERTVILLE MUNICIP ALCITY CODE, RELATING TO THE IMPROVEMENTS REQUIRED ON A PROPERTY PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR REFUND OF AN ESCROW THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 10-1-3 (Improvements or Escrow for New Residential Construction) of Chapter 1 (General Building and Development Regulations), relating to the improvements required on a property prior to the issuance of a Certificate of Occupancy, is hereby amended as follows: 10-1-3: IMPROVEMENTS OR ESCROW FOR NEW RESIDENTIAL CONSTRUCTION: A.1.a. Installed all improvements to the property upon which the dwelling is located as required by subsections 1000.7B and 1200AH, appendix A, of this code, the residential development - standards as on file with the city administrator's office, all individual lot requirements contained in any applicable developer's agreement, and the requirements of title 9, chapter 6 of this code, and removed all silt fencing on the property; or SECTION 2. Section 10-1-3 (Improvements or Escrow for New Residential Construction) of Chapter 1 (General Building and Development Regulations), relating to the improvements required on a property prior to the refund of an escrow, is hereby amended as follows: 10-1-3: IMPROVEMENTS OR ESCROW FOR NEW RESIDENTIAL CONSTRUCTION: C. Refund Of Escrow: Upon atJP1ication by the person or company which established the escrow, and Wwithin thirty (30) days of certification by the city that all required improvements have been satisfactorily installed and that any silt fence on the property has been removed, said escrow amount shall be refunded without interest to the person or company depositing such escrow with the city. (Ord. 2004-08) M:IPublic Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-011 (City Code 10-1-3).doc Agenda Item No. 9.B.2. Meeting Date April 6, 2009 53 City of Albertville County of Wright Ordinance No. 2009- Building & Development Regulations re: Improvements Required Prior to Issuance of a e.O. or Refund of Escrow Page 2 of2 THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIA TEL Y FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this _ day of April 2009. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-011 (City Code 10-1-3).doc Agenda Item No. 9.H.2. Meeting Date April 6, 2009 54 ~ ~~~!!~tlL€ Mayor and Council Communication March 23, 2009 SUBJECT: PLANNING - ZONING ORDINANCE AMENDMENT - AMENDMENT AND CONDITIONAL USE PERMIT PROCESSING RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion to adopt Ordinance No. 2009-012 entitled an Ordinance amending Section 300.1 (Procedures) and 400.2 (Procedures) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to the number of Council votes needed to approve an amendment (text and map) or a conditional use permit. BACKGROUND: Staff recently discovered that the current language in the Zoning Ordinance is incorrect in regards to the number of Council votes needed to grant a variance, conditional use permit, and amendment request. Staffhas already brought forward the Ordinance Amendment language pertaining to variance processing and is now bringing forward the Ordinance Amendment language pertaining to conditional use permit requests and amendment (text or map) requests. Currently, the Zoning Ordinance states that an amendment (text or map) or conditional use permit shall be granted by a four-fifths (4/5) vote of the council. According to Minnesota Statutes, however, a majority vote of the council is required in order to grant a conditional use permit or amendment request. The Planning and Zoning Commission held a public hearing and recommended approval at their March 10th, 2009 meeting of the Ordinance Amendment that revises the number of Council votes needed to grant an amendment and a CUP from a four-fifths vote to a majority vote. Staff recommends that the Council approve the enclosed Ordinance Amendment. KEY ISSUES: · Current language in the Zoning Ordinance is incorrect in regards to the number of Council votes needed to grant an amendment or a CUP request. · Zoning Ordinance states that an amendment (text and map) or conditional use permit shall be granted by a four-fifths (4/5) vote of the council. · According to Minnesota Statutes, a majority vote of the council is required in order to grant an amendment or conditional use permit request. · Staff recommends that the Council approve the Ordinance Amendment, which revises the number of Council votes needed to grant an amendment or a conditional use permit from a four-fifths vote to a majority vote. M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 9H3 Planning RCA Amendment & CUP Votes. doc Agenda Item No.9 .H.3. Meeting Date April 6, 2009 55 Mayor and Council Communication - March 23, 2009 Planning - Zoning Ordinance Amendment - Amendment & CUP Processing Page 2 of2 POLICY CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission for the amendment to the Zoning Ordinance. They recommended the City Council amend this section of the code. FINANCIAL CONSIDERATIONS: There are no significant financial issues related to these amendments. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to amend Ordinances, which requires a majority vote ofthe City Council and becomes effective upon publication. Res~ectfully submitted, cfc~ ~Mt~ Larry .~. ~:~ ~- City Administrator Department/Responsible Person: Planning/City Planner Alan Brixius Attachments: Ordinance No. 2009-x M:\Public Data\Requests for Council Actions (RCA)\2009\04 062009 9H3 Planning RCA Amendment & CUP Votes.doc Agenda Item No.9 .H.3. Meeting Date April 6, 2009 56 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2009-012 AN ORDINANCE AMENDING SECTION 300.1 (PROCEDURES) AND 400.2 (PROCEDURES) OF THE ALBERTVILLE ZONING ORDINANCE (APPENDIX A) OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE RELATING TO THE NUMBER OF COUNCIL VOTES NEEDED TO APPROVE AN AMENDMENT (TEXT AND MAP) OR A CONDITIONAL USE PERMIT THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 300.1 (PROCEDURES) of Chapter 300 (Administration - Amendments (Text and Map)), relating to the number of votes needed to grant an amendment, is hereby amended as follows: 300.1: PROCEDURE: N. Approval of a proposed request for an amendment (text or map) shall require passage by a four fifths (41-~j maiority vote of the effiife city counciL, except approval of a request for an amendment which changes all or part of an existing residential zoning district classification to either a commercial or industrial district shall require passage by a four- fifths (4/5) vote of the entire city council. SECTION 2. Section 400.2 (PROCEDURES) of Chapter 400 (Administration - Conditional Use Permits), relating to the number of votes needed to grant a conditional use permit, is hereby amended as follows: 400.2: PROCEDURE: N. Approval of a request for a conditional use permit shall require passage by a four fifths f41-~j maioritv vote of the city council. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIA TEL Y FOLLOWING ITS PASSAGE AND PUBLICATION. M:\PubJic Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-012 (Amend & CUP Votes).doc Agenda Item No.9 .B.3. Meeting Date April 6, 2009 57 City of Albertville County of Wright Ordinance No. 2009- Zoning Ordinance re: Amendment & CUP Processing Page 2 of2 Approved by the Albertville City Council this _ day of April 2009. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-012 (Amend & CUP Votes).doc Agenda Item No.9 .0.3. Meeting Date April 6, 2009 58 ~ ~~~!!~~!L€ Mayor and Council Communication March 19, 2009 SUBJECT: PLANNING - ALBERTVILLE MARKET PLACE CONVENIENCE STORE - PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT - SITE AND BUILDING PLAN REVIEW RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to adopt Resolution No. 2009-004 approving a Planned Unit Development Concept Amendment for a site and building plan review of the expansion of the convenience store at the Albertville Market Place, located in the southeast quadrant of CSAH 37 and Interstate 94. BACKGROUND: The original PUD/CUP was approved on April 2, 2007 with the condition that any modifications to the PUD that proposed changes to the building sizes by more than 10%; changes to site circulation; or changes to anyon-site parking would require a site and building plan review by the Planning Commission and City Council. At this time, the applicant is proposing the following changes: increasing the size of the convenience store floor plan from 4,700 square feet to 6,208 square feet; moving the gasoline pump area slightly; reducing the number of gas pumps from ten to eight; and adding to the parking area. A planning report, dated March 3, 2009, and an engineering report, dated March 5, 2009, have been prepared and included with this memo. A car wash stacking diagram and . exterior elevations have also been provided in support of the requested amendment. The Planning and Zoning Commission held a public hearing and recommended approval of the application, along with attached planning and engineering conditions, at their March 10, 2009 meeting. Staff recommends approval of the Planned Unit Development (PUD) Concept Amendment for a site and building plan review of the expansion of the convenience store at the Albertville Market Place, based on the following conditions: Plannine:: 1) A more-detailed site plan shall be submitted that clearly indicates that the required parking area standards are met in the parking area south of the building, including sidewalks, parking stall sizes, drive aisle widths, setbacks, and the landscaping between the second parking row and the private street. Staff would support the idea of moving the building slightly to the north in order to accommodate this parking area. 2) A more-detailed site plan shall be submitted that clearly directs traffic circulation with the following updates: a. The three new parallel parking stalls located north of the building shall be removed and replaced with green space; b. The landscaping island located to the west of the car wash shall be increased in size, extending north and west; M:\Public Data\Requests for Council Actions (RCA)\2009\04 062009 9H4 Planning RCA Albertville Marketplace PUD Amendment Cony Store. doc Agenda Item No.9 ..H.4. Meeting Date April 6, 2009 59 Mayor and Council Communication - March 23, 2009 Planning - Albertville Market Place PUD Concept Amendment - Site & Building Plan Review Page 2 of 4 c. Two "Do Not Enter" signs shall be placed in the northwest corner of the lot, facing west - one on either side of the drive lane exiting the site. A "One Way" sign shall be placed across the drive aisle and slightly northeast of the building, facing east; and d. The car wash stacking lane shall be striped to delineate the stacking lane from the drive lane that exits the site to the west. 3) The revised building shall be similar in design and exterior materials as the other buildings in the development; 4) Brick and stone shall compromise at least 50% of the exterior of the building; 5) Colored renderings of the elevation drawings shall be submitted; Ene:ineeriD!! - General: 6) The submitted site plan has been found to be generally consistent with the previously approved development plans. However, the drawings submitted do not include engineered construction drawings that address the modifications to the previously approved site plan. It is recommended that Developer complete the submittal requirements as detailed in Chapter 15 of the Zoning Ordinance; 7) All construction shall comply with City of Albertville engineering standards and all MPCA, and MN Department of Health guidelines; 8) An as-built survey shall be submitted to the City for review and approval prior to issuance of occupancy permit; 9) Finish floor elevation shall be as originally proposed on the approved development plans (959.00); 10) SAC and WAC will be calculated and collected prior to building permit issuance. The water usage specifications of the car wash will be required to compute the actual fees; Sanitary Sewer and Water: 11) The location of the sewer and water services and where they will enter the structure shall be submitted and approved by the City prior to issuance of building permit; 12) The 6 - inch water service shall be C900 PVC with 8-gauge solid copper coated trace wire and all fittings shall be epoxy coated. The 2 - inch water service shall be copper pipe; 13) Hydrant spacing and water supply shall meet the requirements of the latest version of the Minnesota State Fire Code and that of Albertville's Fire Chief; 14) The proposed location of the FDC on the building shall be submitted for review. The FDC shall be within 100' of a Hydrant; 15) Sanitary sewer service pipe and fittings shall be SDR 26 PVC; Erosion Control & Drainae:e: 16) The overall site drainage shall remain consistent with that of the previously approved development plans; 17) The site shall be graded such that there is positive drainage away from the proposed building; M:\Public Data\Requests for Council Actions (RCA)\2009\04 062009 9H4 Planning RCA Albertville Marketplace PUD Amendment Conv Store. doc Agenda Item No.9 ..H.4. Meeting Date April 6, 2009 60 Mayor and Council Communication - March 23, 2009 Planning - Albertville Market Place PUD Concept Amendment - Site & Building Plan Review Page 3 of 4 18) Drop-in style inlet protection shall be provided and maintained at all storm sewer catch basins receiving water from the lot; 19) If the roof drain will be connected to the storm sewer, the location of such connection shall be approved by the City; 20) If roof drains will be discharged above grade, they shall be discharged into green areas and not onto sidewalks; 21) Silt fence shall be installed around the perimeter of the site prior to any turf disturbing activity; 22) All green areas shall be restored with a minimum of 6" of topsoil; 23) All streets shall be kept clean and free of tracked material at all times; 24) All construction shall be in accordance with the approved SWPPP and NPDES permit issued for the development; Streets. Parkine:. & Boulevards: 25) Excluding handicapped parking stalls, all stalls shall be a minimum of 9-feet wide and 20-feet in width. All drive lanes shall be a minimum of 24-feet in width; 26) Internal circulation shall accommodate WB-50 turning requirements (WB-60 recommended); 27) All pedestrian ramps and handicapped stalls shall meet ADA and MnDOT requirements (truncated domes); 28) It is recommended that a geotechnical engineer design a pavement section for the parking lot that is compatible with the soils on site; 29) No parking signs and striping shall be as required by the Fire Chief; and 30) Location of underground fuel tanks shall comply with all regulatory requirements. KEY ISSUES/FINDINGS: · Need to provide sufficient space for the parking area south of the building. The applicant must submit a more-detailed site plan indicating ample room. · Need to ensure traffic circulation through the car wash area is one-way only from the east to west: · Remove the three parallel parking spaces located north of the building, which shall remove possible traffic congestion that could occur between vehicles leaving the site, attempting to park, or utilizing the car wash; · Increase the size of the landscaping island located to the west of the car wash by extending it north and west, which will essentially narrow the drive aisle exiting the site and will assist in directing the one-way traffic from the east to west; · Install two "Do Not Enter" signs in the northwest corner of the lot, facing west - one on either side of the drive lane - that shall prevent vehicles from entering the site in this location and traveling west to east; · Installing a "One Way" sign across the drive aisle and slightly northeast of the building facing east, which shall direct traffic either to the car wash stacking lane, or to the drive lane to exit the lot; and M:\Public DataIRequests for Council Actions (RCA)\2009\04 06 2009 9H4 Planning RCA Albertville Marketplace PUD Amendment Cony Store. doc Agenda Item No.9 .H.4. Meeting Date April 6, 2009 61 Mayor and Council Communication - March 23, 2009 Planning - Albertville Market Place PUD Concept Amendment - Site & Building Plan Review Page 4 of 4 · Stripe the stacking lane to help to delineate the car wash stacking lane from the drive lane that exits the site. · Revised building shall be similar in design and exterior materials as the other buildings in the development: · Brick and stone shall compromise at least 50% of the exterior of the building; and · Colored renderings of the elevation drawings shall be submitted. · Numerous engineering comments and concerns. POLICYIPRACTICES CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission. They recommended the City Council approve this PUD Concept Amendment application with the attached conditions. FINANCIAL CONSIDERATIONS: There does not appear to be any financial concerns at this time. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to approve or deny an amendment to a Planned Unit Development. Respectfully submitted, cj:~ ~. ,'\,'-~ Larr;~. ~~ ' ~ City Administrator Department/Responsible Person: Planning/ Al Brixius, City Planner Attachments: Resolution No. 2009-004 M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 9H4 Planning RCA Albertville Marketplace PUD Amendment Cony Store. doc Agenda Item No. 9.H.4. Meeting Date April 6, 2009 62 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2009-004 RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT FOR A SITE AND BUILDING PLAN REVIEW OF THE EXPANSION OF THECONVENIENCE STORE AT THE ALBERTVILLE MARKET PLACE, LOCATED IN THE SOUTHEAST QUADRANT OF CSAH 37 AND INTERSTATE 94 WITHIN THE ALBERTVILLE CITY LIMITS. WHEREAS, Neil Weber, of Weber Architecture & Planners, has applied for a Planned Unit Development (PUD) Concept Amendment for a site and building plan review of the convenience store at the Albertville Market Place in order to expand the size of the previously-approved convenience store, on the property to be legally described as follows: Lot 2, Block I, Albertville Market Place, according to the plat thereof, Wright County, Minnesota. WHEREAS, the amendment is proposing the following changes: to increase the size of the cdnvenience store floor plan from 4,700 square feet up to 6,208 square feet (Exhibit A); move the gasoline pump area slightly; reduce the number of gas pumps from ten to eight; and add to the parking lot area (Exhibit B); and WHEREAS, City Staff has reviewed the submitted application: the planning report, dated March 3,2009, has been prepared by Northwest Associated Consultants (Exhibit H), and the engineering report, dated March 5,2009, has been prepared by Bolton & Menk, Inc. (Exhibit I); and WHEREAS, the Albertville Planning and Zoning Commission met and held a public hearing on March 10, 2009 to consider the PUD Concept Amendment application; and WHEREAS, upon review of the staff reports and hearing public testimony, the Planning and Zoning Commission closed the public hearing and recommended that the City Council approve the PUD Concept Amendment with the conditions outlined in the March 3, 2009 planning report and the March 5, 2009 engineering report; and WHEREAS, the Albertville City Council met on April 6, 2009 to consider the PUD Concept Amendment application; and WHEREAS, the Albertville City Council received the application, staff review documents, and the Planning Commission recommendation, and agrees with the findings and recommendation of the Planning Commission; and M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-004 (A1b Marketplace Con Store PUD Concept Amend).doc Agenda Item No. 9.H.4. Meeting Date April 6, 2009 63 City of Albertville County of Wright Resolution No. 2009-0xx Page 2 NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the PUD Concept Amendment application, subject to the attached Findings of Facts and Decision, with the attached conditions. Findings of Fact: Based on review of the evidence received, the City Council now makes the following finding of fact and decision: A. The site shall be legally described as Lot 2, Block 1, Albertville Market Place, according to the plat thereof, Wright County, Minnesota. B. The PUD/CUP was approved on April 2, 2007 with the condition that any modifications to the PUD that changed the building sizes by more than 10%, site circulation, or on-site parking would require a site and building plan review by the Planning Commission and City Council. C. The planning report dated March 3, 2009 from Northwest Associated Consultants IS incorporated herein. D. The engineering report dated March 5, 2009 from Bolton & Menk, Inc. is incorporated herein. D. The subject site is zoned B-3, Highway Commercial District and is guided for future commercial use as designated by the City's Comprehensive Plan. The proposed use is not changing via this amendment and was found to be consistent with the permitted uses within the B-3 District and will be compatible with present and future land uses of the surrounding area. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the Planned Unit Development (PUD) Concept Amendment for a site and building plan review of the expansion of the convenience store at the Albertville Market Place, based on the above-mentioned findings-of-fact and subject to the following conditions: Plan nine:: 1. A more-detailed site plan shall be submitted that clearly indicates that the required parking area standards are met in the parking area south of the building, including sidewalks, parking stall sizes, drive aisle widths, setbacks, and the landscaping between the second parking row and the private street. Staff would support the idea of moving the building slightly to the north in order to accommodate this parking area. 2. A more-detailed site plan shall be submitted that clearly directs traffic circulation with the following updates: a. The three new parallel parking stalls located north of the building shall be removed and replaced with green space; b. The landscaping island located to the west of the car wash shall be increased in size, extending north and west; M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-004 (Alb Marketplace Con Store PUD Concept Arnend).doc Agenda Item No. 9.H.4. Meeting Date April 6, 2009 64 City of Albertville County of Wright Resolution No. 2009-0xx Page 3 c. Two "Do Not Enter" signs shall be placed in the northwest comer of the lot, facing west - one on either side of the drive lane exiting the site. A "One Way" sign shall be placed across the drive aisle and slightly northeast of the building, facing east; and d. The car wash stacking lane shall be striped to delineate the stacking lane from the drive lane that exits the site to the west. 3. . The revised building shall be similar in design and exterior materials as the other buildings in the development; 4. Brick and stone shall compromise at least 50% of the exterior ofthe building; and 5. Colored renderings of the elevation drawings shall be submitted. Ene:ineerine: - General 6. The submitted site plan has been found to be generally consistent with the previously approved development plans. However, the drawings submitted do not include engineered construction drawings that address the modifications to the previously approved site plan. It is recommended that Developer complete the submittal requirements as detailed in Chapter 15 of the Zoning Ordinance. 7. All construction shall comply with City of Albertville engineering standards and all MPCA, and MN Department of Health guidelines. 8. An as-built survey shall be submitted to the City for review and approval prior to issuance of occupancy permit. 9. Finish floor elevation shall be as originally proposed on the approved development plans (959.00). 10. SAC and WAC will be calculated and collected prior to building permit issuance. The water usage specifications of the car wash will be required to compute the actual fees. Sanitary Sewer and Water 11. The location of the sewer and water services and where they will enter the structure shall be submitted and approved by the City prior to issuance of building permit. 12. The 6 - inch water service shall be C900 PVC with 8-gauge solid copper coated trace wire and all fittings shall be epoxy coated. The 2 - inch water service shall be copper pIpe. 13. Hydrant spacing and water supply shall meet the requirements of the latest version of the Minnesota State Fire Code and that of Albertville's Fire Chief. 14. The proposed location of the FDC on the building shall be submitted for review. The FDC shall be within 100' of a Hydrant. 15. Sanitary sewer service pipe and fittings shall be SDR 26 PVC. Erosion Control and Drainae:e 16. The overall site drainage shall remain consistent with that of the previously approved development plans. 17. The site shall be graded such that there is positive drainage away from the proposed building. 18. Drop-in style inlet protection shall be provided and maintained at all storm sewer catch basins receiving water from the lot. M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-004 (Alb Marketplace Con Store PUD Concept Amend).doc Agenda Item No.9 .H.4. Meeting Date April 6, 2009 65 City of Albertville County of Wright Resolution No. 2009-0xx Page 4 19. If the roof drain will be connected to the storm sewer, the location of such connection shall be approved by the City. 20. If roof drains will be discharged above grade, they shall be discharged into green areas and not onto sidewalks. 21. Silt fence shall be installed around the perimeter of the site prior to any turf disturbing activity. 22. All green areas shall be restored with a minimum of 6" of topsoil. 23. All streets shall be kept clean and free of tracked material at all times. 24. All construction shall be in accordance with the approved SWPPP and NPDES permit issued for the development. Streets. Parkine: and Boulevards 25. Excluding handicapped parking stalls, all stalls shall be a minimum of 9-feet wide and 20-feet in width. All drive lanes shall be a minimum of 24-feet in width. 26. Internal circulation shall accommodate WB-50 turning requirements (WB-60 recommended). 27. All pedestrian ramps and handicapped stalls shall meet ADA and MnDOT requirements (truncated domes). 28. It is recommended that a geotechnical engineer design a pavement section for the parking lot that is compatible with the soils on site. 29. No parking signs and striping shall be as required by the Fire Chief. 30. Location of underground fuel tanks shall comply with all regulatory requirements. Adopted by the Albertville City Council this 6th day of April 2009. Attachments: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Revised floor plan Site plan Parking calculation Car wash stacking diagram Elevations Correspondence with car wash services Letter from applicant Planning Report dated March 3, 2009 Engineering Report dated March 5, 2009 Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-004 (A1b Marketplace Con Store PUD Concept Amend).doc Agenda Item No. 9.H.4. Meeting Date April 6, 2009 66 -~- )i iFf- ,( ... II Ii i ~l --------'-_._._._--~-:' r;:';--=V , .J~I 'i-r.J j ill ill ;+! Ij in I" $Ilil HI j--J I '---' ~tfji ; j ; ; , , ~ tij'l i I ~ ' I if $111 ,~, i j:! ~ .. '" <S "" I 8 ~ i ~ - ~ ~ 5" ..... , ~i$ $ "llI"i ' ,..> IE " <> ~"~ ""g ~.., ~1 e lfl € ~J... II !t i. s. 115 r'~ . 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Ii 1.0 t.l 1~ ~ ~~ 11; . ~ c:! .s ~ a:,t- U O.t.>i ~~c :tiS~<( ~:~g g~si !1!l':a; ~!..~ ",w!~ ~~!&; ~~i~ ~rt~ U:r.o~:S l'5~2.... >-.$ g'1:r 1Dt-.~I-. ~!~i '" '" !:! .. :z Q ~ <<: ;- w~. ...CI ~1:! ~ Ii III 1Il -; ... ! II; p ..- i C/)11 Z~ 0;:: -'.. t-W ~..~ w(l) ..J W 72 Page 1 of 1 weberarchitects.comlnw From: Paul Starke [paul.starke@comcast.net] Sent: Friday, February 06, 20091:10 PM To; 'weberarchitects.comlnw' Subject: Car wash Info Neil, An average through~putspeed forilie in-bay automatic that ""e proposed is 10 cars per hour.. . This in~ud6$ the drying cycle time. It is probably is tad slower with human error In entering wash c006$, money etc. Let me know what further information is needed! Have a great day! Paul Starke Re.lioble Plus Car Wash Services, Inc. 9311 Penn Avenue South Bloomington, MN 55431 952-88S~8023 Office 952-888-1288 Fax 612-865-8551 Cell www.reliableplus.com From: weberarchltects.comfnw [maUto:nw@weberarchitects.com) Sent: Flil;iay, February 06, 2009 8:48 AM To: 'Paul Starke' Subject: Car wash Paul... You gave me some basic Information for a wash layout. Could you please teU me appro>t how many carstould go thiougha typ.car wash in 30 mirt? Thanks! Neil Weber,A1A Weber Ardlite<::ls & PIann$l'S 22llO Watertown ROad Long Lake,MiIlnesota55356 (952)476-4434 nW@Weberllrchltllcts.com 2/9/2009 73 , , 2280 Watertown Road. Long lake, MN 55356.9419 952.476.4434' Fax 952.476.5863' nw@weberarchltects.com 6 February 2009 ;.~~~~~.~\tv~~~r1/lY.(J/~ Weber Architects & Planners RE: Albertville Market Place Convenience Store Revised The attached documentation isa request of the revision forthe Convenience Store of the AlbertVille Mark.et Place. project The intent of this application is to increase the size ofthefacility.Attachedis material to support our request; 1. REVISED FLOOR PLAN Our revised floor plan is 6208 sf (up from 4700 sf). The increase is attributed to the -increase infoodservi~ area. .Both food prep and seating areas have been added to the plan. Fresh food is importantto this concept. We are attempting toupgragethe facility from a standard convenience store. To provide fresh quality food is Jmportant to the GOncept. 2. REVISED SITE PLAN The site plan changes do not chang e any of theacoess points. No circulation patterqs win be changing. The pumpareah~s been moved slightly and the number'of pumps has b~nre.duced from tanges pumps to 8 gas pumps. Two diesel pumps will remain. .Wehaveadp~dthe appropriate patkingasdescribedbelow. 3. . PARKING CALCULATION ThepCirkiQQ~lcUlatipn taKes info account the kitchen area 'and. the . s~atingarea.alongwiththeretailcom~onent. The. new plan reql.iires.43 parking stalls and We. are providing 55 stalls. 4~ CAR WASH STACKING DIAGRAM TMeeafwashwill service 1 0 cars per hour. We are required to provid~.5 'cars in a stacking !"9w. V\lehav$shown 6. The system is a onaway. system as wasoriginaUyapproved. 5. EX,-eRIQR E~EVATION$ .' . '. .. . ..' .... The exterior is ,entirely masonrylnmateriat Thehe'ight of the buUdingis 2Qfeet. Mptedetailandcolorsainptes wHI~e presentectarthe meeting. ' ~if,""",;",;';i",i~'~"~'~,t.~~,",",,,,,",<A,'4M;""0i4*S~~ 74 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Larry Kruse FROM: Carie Fuhrman I Alan Brixius DATE: March 3, 2009 RE: Albertville - Albertville Market Place Convenience Store - Planned Unit Development Concept Amendment - Site and Building Plan Review FILE NO: 163.06 - 09.03 BACKGROUND Neil Weber, of Weber Architecture & Planners, has applied for a Planned Unit Development (PUD) Concept Amendment for a site and building plan review of the convenience store at the Albertville Market Place. The intent of the application is to expand the size of the previously-approved convenience store located on Lot 2, Block 1, Albertville Market Place. The property is located in the southeast quadrant of CSAH 37 and Interstate 94. The PUD/CUP was approved on April 2, 2007 with the condition that any modifications to the PUD that changed the building sizes by more than 10%, site circulation, or on-site parking would require a site and building plan review by the Planning Commission and City Council. The property owner, Phil Morris, submitted revised site plans in January of 2008. At this time, the amendment is proposing the following changes: increasing the size of the convenience store floor plan from 4,700 square feet up to 6,208 square feet; moving the gasoline pump area slightly; reducing the number of gas pumps from ten to eight; and adding to the parking area. A car wash stacking diagram and exterior elevations have also been provided in support of the requested amendment. Attached for reference: Exhibit A: Revised floor plan Exhibit B: Site plan Exhibit C: Parking calculation Exhibit D: Car wash stacking diagram Exhibit E: Elevations 75 Exhibit F: Exhibit G: Correspondence with car wash services Letter from applicant ANAL YSIS Zoning & Guided Land Use. The subject site is zoned B-3, Highway Commercial District and is guided for future commercial use as designated by the City's Comprehensive Plan. The proposed use is not changing via this amendment and was found to be consistent with the permitted uses within the B-3 District and will be compatible with present and future land uses of the surrounding area. Building and Site Plan Review. The applicant is proposing the following revisions to the approved site and building plan: 1) An increase in the size of the convenience store building from 4,700 square feet to 6,208 square feet (increase of 1,508 square feet). The food service area is proposed to be increased in size: both a food preparation and seating area have been added to the plan. According to the applicants, fresh food is important to this concept, and they are attempting to upgrade this facility from a standard convenience store by providing freshly prepared food as part of the convenience store operation. This will include take-out and very limited in-house dining (See Exhibit A). 2) The gas pump area has been moved slightly to the east of its originally-approved location. 3) The number of gas pumps has been reduced from ten to 8. 4) The number of parking spaces provided has been increased from 35 to 55 spaces. Lot Area and Setbacks: The B-3 District does not have a minimum lot area requirement. Setback requirements for the B-3 District, as well as those being proposed by the revised site plan are shown in the table below: Buildina Setbacks Parkina Setbacks Front Yard Side Yard Rear Yard i1Vetland Front Yard Side/Rear Wetland Yard Required 35 feet 20 feet 20 feet 30 10 feet 5 feet 30 feet feet Revised 47 ft- Proposed 22 ft - W 85 ft - S* 230 ft -10 ft - Proposed o ft- W 150ft Plans ROW! N ROW! N 17 ft - S* 65 ft - Street N E 11 ft-StreetNE *The south property line is being considered a side or rear property line, and not a front property line with a right-of- way, because a private street is proposed to run east and west, directly adjacent to the south property line. As shown in the table, the proposed site plan appears to be consistent with the setback requirements for the B-3 District and the original PUD approvals; however, staff would like to point out the following issues: · Three additional parking stalls have been added in the northwest corner of the site. The revisions were hand-drawn over the original site plan, which makes it difficult to distinguish exactly where the curb line falls, but it appears that the 76 parking stalls encroach into the 10 foot setback to the proposed right-of-way (of 60th Street) and the 5 foot side yard setback to the west property line. · The site is over-parked according to the Ordinance (see parking calculations below). As such, the loss of these three stalls would still result in compliance with the Ordinance. The removal of these stalls will also increase the green space and improve the vehicle circulation near the car wash stacking area. Therefore, staff would recommend that the three new parallel parking stalls proposed north of the building be removed from the site plan. Off-Street ParkinQ: The revised site plans indicate the addition of 20 parking spaces- including two disability accessible spaces-for a total of 55 parking spaces. Given the proposed increase in building size, the following parking calculations have been applied: " Revised Area Ordinance Required Parking Provided Parking (Per Revised Site Pla~) Kitchen Area 1,208 SF 1 space for each 80 square feet of kitchen 16 - area Seating Area 540 SF At least 1 space for each 40 square feet 14 - of gross floor area of dinino Retail Area 2,456 SF At least 1 space for each 200 square feet 13 - of floor area Motor fuel o in addition to that station car req uired for the 0 - wash station Total Parkin!=) I 43 spaces 55 spaces As the table indicates, the revised site plan provides more than enough parking spaces to meet the needs of the building. It should be noted, if staffs recommendation is followed, 52 parking spaces shall be provided. The additional parking is being added in the following areas: 7 stalls directly south of the building and 4 stalls across the drive aisle from these stalls and adjacent to the 4 stalls originally proposed. Staff would like to point out the following issues: · There is a concern regarding the parking area south of building. According to the submitted site plan, it is difficult to determine if sufficient area is being provided in order to accommodate these necessary items. The applicant must clearly dimension the following items: o Sidewalk south of the building; o Stall depth of at least 20 feet; o Stall width of at least 9 feet; o Drive aisle width of at least 24 feet; o At least a 5 foot setback from the parking area to the private road, which provides space for landscaping to be planted to act as a buffer between headlights and the private street. · Because of these matters, staff is recommending that a more-detailed site plan be submitted that clearly indicates that the required parking area standards are met; including sidewalks, parking stall sizes, drive aisle widths, setbacks, and the 77 landscaping between the second parking row and the private street. Staff would support the idea of moving the building slightly to the north in order to accommodate this parking area. Two parallel parking stalls have been added to the south of the gas pumps, with a 21 foot drive aisle and eight 90-degree stalls have been added to the east of the gas pumps (proof of parking area), with a 34 foot drive aisle. Parallel parking stalls require a stall width of 9 feet, a curb length of 23 feet, and an aisle width of 12 feet - all of which have been met. Because the number of gas pumps has been reduced from 10 to 8, the number of parking stalls provided in that area has been reduced from 20 to 16. The 11 parking spaces originally provided directly to the east of the building have been shifted approximately 10 feet to the east because of the building expansion, and the gas pumps have shifted approximately 13 feet to the east, providing a 33 foot drive aisle. Lot Coveraae: Within the B-3 District, a maximum of 80 percent of the total lot area is permitted to be covered by impervious surfaces. According to the Site Plan submitted with the original approval, Lot 2 contains 66,250 square feet and 49,658.4 square feet of impervious surface (75%).The proposed amendment adds 1,508 square feet in building area and 3,735 square feet in parking spaces (5 parallel parking spaces at 9 feet by 23 feet and 15 at 9 by 20 feet), for a total of additional 5,243 square feet. Therefore, the revised site plan contains approximately 54,901.4 square feet, or 83% impervious surface: This exceeds the allowed amount of impervious surface allowed on an individual lot. However, when this PUD was reviewed, the impervious surface of the entire PUD was reviewed and came out to be 61 %, which is well under the maximum allowed amount. With that being said, staff would still recommend the following: · The three parallel parking spots north of the building should be removed and replaced with green space; and · The landscaping island located to the west of the car wash should be increased in size, extending north and west, increasing the green space. SiQns: As the Car Wash Stacking (See Exhibit D) diagram indicates, cars are to enter the car wash from the east. To assist in directing traffic, two "Do Not Enter" signs shall be placed in the northwest corner of the lot facing west - one on either side of the drive lane. A "One Way" sign shall also be placed across the drive aisle and slightly northeast of the building, facing east. Car Wash Stackina: The applicant has included e-mail correspondence with Reliable Plus Car Wash Services, Inc., stating that an average speed for an automatic car wash is 10 cars per hour. They are required to provide 5 cars in a stacking row, and the site plan actually depicts 6 cars. The stacking system is still a one-way system as was 78 originally-approved. Staff would recommend that the car wash stacking lane be striped to delineate the stacking lane from the drive lane that exits the site to the west. Site Traffic Circulation: The traffic circulation appears that it should adequately serve the site. However, the previously-mentioned recommendations have been made in order to ensure that the circulation through the car wash area is one-way only from the east to west: · Removing the three parallel parking spaces located north of the building shall remove possible traffic congestion that could occur between vehicles leaving the site, attempting to park, or utilizing the car wash; · Increasing the size of the landscaping island located to the west of the car wash by extending it north and west will essentially narrow the drive aisle exiting the site and will assist in directing the one-way traffic from the east to west; · Installing two "Do Not Enter" signs in the northwest corner of the lot, facing west - one on either side of the drive lane. These signs shall prevent vehicles from entering the site in this location and traveling west to east; · Installing a "One Way" sign across the drive aisle and slightly northeast of the building facing east shall direct traffic either to the car wash stacking lane, or to the drive lane to exit the lot; and · Striping the stacking lane will help to delineate the car wash stacking lane from the drive lane that exits the site. Exterior Finish: The application materials state that the exterior is proposed to be entirely masonry in material. Black and white exterior elevations have been submitted with the application. The height of the building is 20 feet. The applicant has stated that more detail and color samples will be presented at the meeting. The following criteria shall be met regarding the building materials: · The revised building shall be similar in design and exterior materials as the other buildings in the development; · Brick and stone shall compromise at least 50% of the exterior of the building; and · Colored renderings shall be submitted. RECOMMENDATION Staff recommends approval of the Planned Unit Development (PUD) Concept Amendment for a site and building plan review of the expansion of the convenience store at the Albertville Market Place, based on the following conditions: 1) A more-detailed site plan shall be submitted that clearly indicates that the required parking area standards are met in the parking area south of the building, including sidewalks, parking stall sizes, drive aisle widths, setbacks, and the landscaping between the second parking row and the private street. Staff would support the idea of moving the building slightly to the north in order to accommodate this parking area. 79 2) A more-detailed site plan shall be submitted that clearly directs traffic circulation with the following updates: a. The three new parallel parking stalls located north of the building shall be removed and replaced with green space; b. The landscaping island located to the west of the car wash shall be increased in size, extending north and west; c. Two "Do Not Enter" signs shall be placed in the northwest corner of the lot, facing west - one on either side of the drive lane exiting the site. A "One Way" sign shall be placed across the drive aisle and slightly northeast of the building, facing east; and d. The car wash stacking lane shall be striped to delineate the stacking lane from the drive lane that exits the site to the west. 3) The revised building shall be similar in design and exterior materials as the other buildings in the development; 4) Brick and stone shall compromise at least 50% of the exterior of the building; and 5) Colored renderings of the elevation drawings shall be submitted. c: Bridget Miller Jon Sutherland Tori Leonhardt Mike Couri Adam Nafstad Neil Weber @ nw@weberarchitects.com 80 E3C::>LTC:::>N &.. ~ EN K, INC:. Consulting Engineer$ a.surveyors 7533 SunwoodDriveNW-Rt:lmsey, MN5!;303 Phon~(763)433-2851. fax (763) 421..0633 www.bQlton"fflenl<.eom MEMORANDUM Date: March 5, 2009 To: Jon Sutherland, Building Official Cc: Tori Leonhardt, Permit Technician AI Brixius, City Planner From: Adam Nafstad, P.E., City Engineer Subject: Albertville Marketplace Convenience Store Site and Building Plan Review City of Albertville, Minnesota BMI Project No.: T15.21726 We have reviewed the site sketch prepared by Weber Architects; received on February 19,2009, and titled Site Plan, for the above referenced project. Approval of the plan is recommended with the conditions below: . General 1. The submitted site plan has been found to be generally consistent with the previously approved development plans. However, the drawings submitted do not include engineered construction drawings that address the modifications to the previously approved site plan. It is recommended that Developer complete the submittal requirements as detailed in Chapter 15 of the Zoning Ordinance. 2. All construction shall comply with City of Albertville engineering standards and all MPCA, and MN Department of Health guidelines. 3. An as-built survey shall be submitted to the City for review and approval prior to issuance of occupancy permit. 4. Finish floor elevation shall be as originally proposed on the approved development plans (959.00). 5. SAC and WAC will be calculated and collected prior to building permit issuance. The water usage specifications of the car wash will be required to compute the actual fees. Sanitary Sewer and Water 6. The location of the sewer and water services and where they will enter the structure shall be submitted and approved by the City prior to issuance of building permit. 7. The 6 - inch water service shall be C900 PVCwith 8-gauge solid copper coated trace wire and all fittings shall be epoxy coated. The 2 - inch water service shall be copper pipe. 8. Hydrant spacing and water supply shall meet the requirements ofthe latest version of the Minnesota State Fire Code and that of Albertville's Fire Chief. t:iE~ING~RA8fil.t~lf~ROW BQltQn * Me.nk..~.allequal QppottUnitYettlplo)'ct 81 6\. ... . ~~~~~ 27, 2009 ~ Page20f2 9; The proposed location of the FDC on the building shall be submitted for review. The FDC shall be within 100' of a Hydrant. 10. Sanitary sewer service pipe and fittings shall be SDR 26PVC. Erosion Control and DrainalZe 11. The overall site drainage shall remain consistent with that of the previously approved development plans. 12. The site shall be graded such that there is positive drainage away from the proposed building. 13. Drop-in style inlet protection shall be provided and maintained at all storm sewer catch basins receiving water from the lot. 14. If the roof drain will be connected to the storm sewer, the location of such connection shall be approved by the City. 15. If roof drains will be discharged above grade, they shall be discharged into green areas and not onto sidewalks. 16. Silt fence shall be installed around the perimeter of the site prior to any turf disturbing activity. 17. All green areas shall be restored with a minimum of 6" of topsoil. 18. All streets shall be kept clean and free of tracked material at all times. 19. All construction shall be in accordance with the approved SWPPP and NPDES permit issued for the development. Streets. ParkinlZ and Boulevards 20. Excluding handicapped parking stalls, all stalls shall be a minimum of9-feet wide and 20-feet in width. All drive lanes shall be a minimum of 24-feet in width. 21. Internal circulation shall accommodate WB-50 turning requirements (WB-60 recommended). 22. All pedestrian ramps and handicapped stalls shall meet ADA and MnDOT requirements (truncated domes). 23. It is recommended that a geotechnical engineer design a pavement section for the parking lot that is compatible with the soils on site. 24. No parking signs and striping shall be as required by the Fire Chief. 25. Location of underground fuel tanks shall comply with all regulatory requirements. Please let me know if you have any questions. 82 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Larry Kruse FROM: Alan Brixius DATE: March 30, 2009 RE: Albertville - Neimeyer Trailer Sales Final Plat FILE NO: 163.06 - 09.04 BACKGROUND 'In August 2008, the Albertville City Council approved the following development applications for Neimeyer Trailer Sales on property located at 10172 65th Street NE: 1. Rezoning of property from I, Limited Industry to PUD/BW, Business Wa rehousing. 2. Preliminary plat. 3. Conditional use permit for trailer sales and outdoor storage. 4. Site and building plan review. The applicant submitted a final plat on March 17, 2009 and a revised landscape plan dated 3/12/09 for City Council consideration. FINAL PLAT Streets. The final plat illustrates a 75 foot right-of-way dedication from the centerline of County Road 37. This is consistent with Wright County requirements. Site access will be provided via a private street shown as Outlot A. Said Outlot A aligns with Karston Avenue to provide a full intersection at County Road 37. The outlot is 55 feet wide, consistent with the preliminary plat. Outlot A will remain a private street until such time as the City requests its dedication as a public street to provide access to adjoining properties. The PUD/plat development agreement shall outline the terms for said future dedication. q.\4.S. 83 Lots/Block. The site has been rezoned to PUD/B-W, Business Warehouse. The B-W District requires a lot size of 20,000 square feet and lot width of 100 feet. The plat includes three lots and two outlots. Each of the lots exceed the B-W District standards as follows: Lot 1 Lot 2 Lot 3 Area 35,225 s uare feet 51 ,732 s uare feet 294,732 s uare feet Width 1 00 feet 130 feet 302 feet Com Iiance Yes Yes Yes Outlots A and B are established for the following purposes. Outlot A will contain the private street that will access the lots. Outlot B will be dedicated to the City and will contain a sewer lift station. Easements. The final plat illustrates the size and location of all drainage and utility easements. The City Engineer has reviewed these easements and found them to be sufficient. Park Dedication. The applicant shall give a park land contribution in lieu of a land dedication. The amount shall be set out in the development agreement. , Development Agreement. The applicant shall enter into a development agreement that will outline all the terms of the planned unit development and final plat approvals. LANDSCAPE PLAN A revised landscape plan has been submitted for Council consideration. The changes include: 1. Replace shrubs along the private street with four 15 foot tall Colorado Spruce. The larger trees will give a more immediate visual impact to the site entrance. 2. The screening along the south side of the sales area has been changed from three to four foot Black Hills Spruce to a combination of Spruce and taller Pin Oaks. Both trees are taller than the original plantings and will provide immediate screening. CONCLUSION We find that the final plat is consistent with the approved preliminary plat and recommend approval with the following conditions: 1 . Payment of the park dedication fee. 2. Entering into the PUD development agreement and post necessary securities. 2 q. \-\ .,5. 84 3. 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L', / /V " -,I l.!: ~illi rJl --.----~.~{l_._.1.. ~I , I ~~'\>- '"I .r! -1 .-- -./ 11~---<::-- :. ,i I . .-1 __ __' .,.",.Jy ........r... .... ) . i i" ._-,- ,/- L ~",., >- -- 'I .r _ 'I. : ' I " / \ J ",mOT. I ~ "-~ '~----:J--'--t----------"""'----:r------- I II ~_....._ . ~.1 _" . I. ' -.-- 477.-........ '-- . "I ) ;::::t.~.._.._.._.. ~-;---t--~J:.,';~~"!;:~ ---;-';~;:;:-(C~..&.H.-NO. 3;--~.=-.."':"'-=-=--=-J-' - " 1IJ ~ ;: ..~.-.... f='. ..-111,.r- -::!!!!......=-. - - , VICINITY MAP SECTION 35, T, 121. R. 24 NO SCALf : p' (";. .~~ , , ~________________..J.._______________ '~ . llOoDllSlIIllIoIlIIOIUilDIfnuc OllENOllSlIlONlIllIIUlDf15SUAHO ""*lEDIJrUCOl5(NO.14>> .000000001I'lON~nl8[SET _0fl(1I;AlIOF/lD:OlIOM'1HIS PlAr__IJrUCDl5l:NO.14.J1 ellO<OlD-*,"COIoWfI'"_ rllR 1W[ PUI'IPOStS Of' ...5 PUT. fHt :u':.t:~IID~ ~~~~= ~A~:,~=~=~.~TA ~'~ ~:. ~: It: ~i~~~ ~.::::;:;:~~~~.,;~C -'~~~;;~'~;'.~.~ , SECCMJ ADcrnc,..' I NIEM:EYER TRAILER SALES ......... ...... . '. 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'" :" X ~~ ",,.j ,.,'" -ca.6 C\,~.E;, 88 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2009-007 RESOLUTION APPROVING A FINAL PLAT, KNOWN AS NIEMEYER TRAILER SALES; FOR THE PROPERTY AT 10172 65th STREET NE LOCATEB'1h , "~fi.*:,,,/Mi~~~).~ SOUTH OF BURLINGTON NORTHERN RAILRO""RIGlIT-OF-WAY, NORTH OF 65TH STREET NE AND EAST OF R AVENUE NE WITHIN THE ALBERTVILLE 0 ' S \~1~~tk,. All that part ofthe Southwest Quarter of the No .......... t Q~1ttet south of Burlington Northern Railroad, EXCEPT the west 5' ., in Section 35, Township 121, Range 24, Wright County, M~esota. .:~* WHEREAS, Niemeyer Properties LLC has submitted,~. ,",:::::.: property legally described as followS:A~':~t' '" ?~:\~", ". WHEREAS, City staffhas reviewed the s ..,tl~~I;.~gplications '.... ....... s and prepared a planning reported dated August 7, 2008 addrtt.,ssirigili~~llQwing ~1?plications: (1) Preliminary Plat; (2) Conditional Use Permit to allow mof~r v~~j8ie;'~ . ,"~Wsales, leasing/rental, service and repair; (3) Conditional U.~~tl~l to allow out\id~storage;' d (4) Site and Building Plan Review; and i~t,\/H ","\';t;}i\A \t~\. and Zoning ~lJfumssion met and held a public hearing on ; A~l plat, conditional use permits, and site and WH ,*,,*:~:' Albert approve th , subject to con ::'rt and hearing testimony from the public, the Com ssion recommended that the Albertville City Council ndit16nal Use Permits, and Site and Building Plan review, WHEREAS, the A plat, conditional use City Council met on September 2, 2008, to consider the preliminary . ts, and site and building plan review applications; and WHEREAS, the Albertville City Council has received the preliminary plat, conditional use permits, and site and building plan review applications, staff review documents, and the Planning and Zoning Commission recommendation, and agrees with the findings and recommendation of the Planning and Zoning Commission. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota, hereby approves the preliminary plat, conditional use permit, and site and building plan review applications, subject to the attached findings of fact and decision: C\.\-\.s. 89 City of Albertville County of Wright Resolution No. 2008-045 Page 2 Findings of Fact: Based on review of the evidence received, the City Council now makes the following findings of fact and decision: A. The site is legally described as All that part of the Southwest Quarter of the Northwest Quarter south of the Burlington Northern Railroad, EXCEPT the west 507 feet, in Section 35, Township 121, Range 24, Wright County, Minnesota. B. The planning report, dated August 7, 2008, from Northwest Ass ciated Consultants is incorporated herein. .. C. The City Engineer's memo, dated July 25,2008, from Bot incorporated herein. D. The proposed preliminary plat meets all required sub BW Zoning District. E. The proposed actions have been considered in provisions of and have been found to be co . F. The proposed uses - trailer sales and outc!,4' present and future land uses of the area. . G. Theyroposed uses conform with all performance'"" ..' Ordmance. ~b",qK~,'~., H. The proposed uses will not tend t(f~~t~~~llally depreciamlt~>~ea in which it is proposed. 1. The proposed use can be accommo~t~~~~..~xisting pubt,ij~~rVices and will not overburden the city's service capacit~",,>k'" ;" J. Traffic generated by the proposed use8l~ w' 'lities of streets serving the property. icies and Plan. ltle with \1t\~ ormation all~'~flPplicable Ordinances, the City Council lat by Meyeti~ohlin Inc.(received July 17,2008), known . %to allow motor vehicle (trailer) sales, ,II e permit for outside storage; and a site and lans and elevations by Larson Associates, Inc. (dated . , Inc. (dated August 1, 2008 and revised August 22, s: . Council this 6th day of April, 2009. 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It .J ~~ .~~ ~~ .l!~ ~8 d J ~ ~ ~ ~ ~ I .E E . ~ ~ .l! ~ 8 ~ ~ o 8 ~ '- 1 S ~ ~~ ! ~ ~ i < ~ ~ ~I ~ j 01 ~I , j ~ 11 i c; .2 1 .!! i J It-- l<) "l "- ~ II> I- ~ III .. ~ l- I ~:t ~ ~ ~I ~i ~I' ~ <=1. \-\.5~ 92 ~ i\!~~!!'!~!l~ Mayor and Council Communication March 26, 2009 SUBJECT: . ENGINEERING - TOWNE LAKES 5TH ADDITION LETTER OF CREDIT (LOC) REDUCTION RECOMMENDA TION: It is respectfully requested that the Mayor and Council consider reducing the letter of credit held for the Towne Lakes 5th Addition. Motion to approve to reduce the letter of credit held for the Towne Lakes 5th Addition to no less than $25,000, with the following condition: Development is current with all fees and obligations owed to the City. BACKGROUND: Dave Hempel, formerly ofCPDC and currently representing Scherer Bros. Lumber Co., has requested a reduction to the letter of credit held as warranty security for the Towne Lakes 5th Addition. This letter of credit is secured by Scherer Bros. Lumber Co. and is currently in the amount of $56,650. To date, the majority of all required work and repairs have been completed and the remaining work primarily includes: repair of bituminous trail sections, completion of stub streets, and minor restoration items. Based on the work completed and accounting for the work remaining, it is recommended that Letter of Credit No. 13 be reduced from $56,650 to no less than $25,000. Prior to reduction, please ensure the Development is current with all fees owed to the City. The reduced balance as proposed represents 125% of the estimated cost to complete all remaining construction requirements. It is understood that the remaining work will be completed by mid-summer. POLICY CONSIDERATIONS: This reduction is consistent with the agreement between the City and Developer. With or without a letter of credit in place, the Developer is required to comply with the conditions of the Development Agreement. FINANCIAL CONSIDERATIONS: There are no financial implications for this request. LEGAL CONSIDERATIONS: The City has the legal authority under the Development Agreement to reduce or release the letter of credit upon completion of the required improvements. The City also has legal authority under the Development Agreement to deny requests for release or reduction if the required improvements are found unacceptable. Respectfully submitted, cf~\R~~ Larry R.Ieuse City Administrator Department/Responsible Person: Finance & Engineering/Tina Lannes, Finance Director & Adam N afstad, City Engineer Attachments: Bolton & Menk, Inc.' s Recommendation M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 9Il Engineering TL5 RCA (LOC Reduct3).doc Agenda Item No.9 .1.1. Meeting Date April 6, 2009 93 m E3C>L TC>N & I'v'1 EN K / Consulting Engineers & Surveyors 7533 Sunwood Drive NW . Ramsey, MN 55303 Phone (763) 433-2851 . Fax (763) 427-0833 www.bolton-menk.com INC@ March 5, 2009 Mr. Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE, P. O. Box 9 Albertville, MN 55301 RE: Towne Lakes 5th Addition - Letter of Credit Reduction BMI Project No.: T15.21677 Honorable Mayor and City Council: Dave Hempel, formerly of CPDC and currently representing Scherer Bros. Lumber Co., has requested a reduction to the letter of credit held as warranty security for the Towne Lakes 5th Addition. This letter of credit is secured by Scherer Bros. Lumber Co. and is currently in the amount of $56,650. ,To date, the majority of all required work and repairs have been completed and the remaining work primarily includes: repair of bituminous trail sections, completion of stub streets, and minor restoration items. Based on the work completed and accounting for the work remaining, it is recommended that Letter of Credit #060913 be reduced from $56,650 to no less than $25,000. Prior to reduction, please ensure the Development is current with all fees owed to the City. For your information, the reduced balance as proposed represents 125% of the estimated cost to complete all remaining construction requirements. It is our understanding that the remaining work will be completed by mid-summer. Please let me know if you have any questions or would like additional information. Sincerely, BOLTON & MENK, INC. Adam Nafstad, P. E. Albertville Engineer Cc: Tina Lannes - Albertville Finance Director Bridget Miller - Albertville City Clerk Peter Scherer - Scherer Bros. via email Dave Hempel - CPDC/Consultant via email DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer 94 ~ AJ~~!!~tlL€ Mayor and Council Communication March 31, 2009 SUBJECT: . ENGINEERING - CSAH 37 WEST UTILITY EXTENSION PROJECT AWARD BID RECOMMENDATION: It is respectfully requested that the Mayor and Council adopt the following motion: Motion to approve Resolution No. 2009-005 entitled a Resolution Accepting Bid for CSAH 37 Utility Extension Project, contingent upon Niemeyer Trailer Sales entering into a development contract and recording the plat for the proposed Niemeyer Trailer Sales subdivision and further for IRS purposes declare the City's intent to bond for the project. BACKGROUND: The proposed project consists of extending trunk sewer and water service to the properties located north ofCSAH 37, south ofInterstate 94 and lying between 64th Street NE and Kadler Avenue NE. The proposed project includes the addition of a lift station, two utility crossings under CSAH 37, and the addition of sanitary sewer (gravity and pressurized) and watermain. These, along with other related improvements, are necessary to serve the subject properties with municipal sanitary sewer and water. This impetus of this project is the Niemeyer Trailer Sales plat application and the requests of the City by Mr. Niemeyer. This project has been coordinated in conjunction with the proposed Niemeyer Trailer Sales subdivision, which will be the initial user of the sewer and water extensions. Currently it is not know when development of the two parcels adjacent to the Niemeyer plat, which also depend on this extension, will occur. Bids to construct the trunk improvements have been received and were opened on January 14, 2009. A total of sixteen (16) bids were received with proposals ranging from $339,699.55 to $418,953.34. Nodland Construction Company, Inc, of Alexandria, Minnesota, submitted the low bid for the project in the amount of$339,699.55. It is proposed that the project be funded through a combination of sources. The proposed funding sources and their associated percentages are as follows: Sewer Connection Charges Water Connection Charges Niemeyer Trailer Sales City Funds (Sewer Trunk) (59.2%) (20.6) (10.5%) (9.7%) To fund the project as currently proposed, a utility district over the benefiting parcels and connection charges will need to be established. With the exception of the funding from City funds, the connection charges will fund 100% of the costs associated with the trunk M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 912 Engineering CSAH 37 Improve Proj (Niemeyer) Award Bid RCA (ftnal).doc Agenda Item No.9 .1.2. Meeting Date April 6, 2009 95 Mayor and Council Communication - March 31, 2009 ENGINEERING - CSAH 37 WEST UTILITY EXTENSION PROJECT AWARD BID Page 2 of2 improvements, or those improvements necessary to serve all subject parcels. The City funded portion is as directed by Council and is a City contribution that is based on the cost of the lift station and intended to provide assistance to all subject properties. The City's contribution will come from the Sewer Trunk Fund. Furthermore, it is proposed that Niemeyer Trailer Sales fund 100% of the non-trunk improvements, or those improvements that may not be needed by other properties. Provisions to the development contract for Niemeyer Trailer Sales have been included that, in the event of another property desiring to connect to improvements initially funded by Niemeyer trailer Sales, allow for reimbursement to Niemeyer Trailer Sales for a portion of the related costs. Upon review of the bids and proposed funding with City staff, Mr. Niemeyer has asked the City to proceed with the proj ect and prepare the necessary agreements for him to move forward with his project. If the City and Niemeyer Trailer Sales choose to go forward with the project, based on the bid received, it is recommended that the contract in the amount of$339,699.55 be awarded to Nodland Construction Company, Inc. Upon award, staffwill finalize contract documents and proceed with the improvements. POLICY /PRACTICES CONSIDERATIONS: It is City policy for the City Council to formally review and award all contracts, as well as, approve project funding and financing. FINANCIAL CONSIDERATIONS: All project costs, including financing, shall be paid through connection charges andlor reimbursed by Niemeyer Trailer Sales. Given the unknown timing of connection charge payment, staff recommends issuing a separate negotiated bond. All ofthe required Minnesota Statutes 429 Assessment processes have been followed to provide the legal authority to issue a bond for the project. At Mr. Niemeyer's and other property owner's request the City will assess the connection charge and private improvements following issuance of the bond. The City's financial contribution to this project will be limited to the $48,592 for its share of the lift station which will be paid from the Sewer Trunk Fund. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to enter into contracts for improvements for and on behalf of the City and to collect charges from benefiting properties for the cost of making a local improvement. Respectfully submitted, ~~~~ Larry R~se City Administrator Department/Responsible Person: Engineering/Adam Nafstad, City Engineer Attachments: Resolution No. 2009-005 and Bolton & Menk, Inc. letter of recommendation, construction cost breakdown, and cost and funding summary M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 9U Engineering CSAH 37 Improve Proj (Niemeyer) Award Bid RCA (final).doc Agenda Item No.9. 1.2. Meeting Date April 6, 2009 96 13<:::::> L -r<:::::>f'.J &. I'v1 E:: f'.J 1<, I NC:@ Consulting Engineers & Surveyors 7533 Sunwood Drive NW, Suite 206 · Ramsey, MN 55303 phone 17631433-2851 · Fax 17631 427-0833 www.bolton-menk.com (:~ March 24,2009 Minnesota Department of Health Environmental Health Division 625 North Robert Street P.O. Box 64975 St. Paul, Minnesota 55164-0975 Re: CSAH 37 Utility Extension City of Albertville, Minnesota BMI Project No.: R13.040276 Dear Sir or Madam: Enclosed for your review is a completed permit application, a check in the amount of$150.00 to cover the application fee, and one plan set for the above-referenced project. The installation will be completed in accordance with the previously approved City Engineers Association of Minnesota Watermain Specifications, 1999 edition. Please contact our office at (763) 433-2851 if you have any questions. Sincerely, BOLTON & MENK, INC. AL4/d Adam N afstad, P .E. Project Manager Enclosures Cc: Bridget Miller - City Clerk DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. 97 E3C::>L TC::>N &. I'v-1 E:I'J K., I NC:~ Consulting Engineers & Surveyors 7533 Sunwood Drive NW . Ramsey, MN 55303 Phone (763) 433-2851 . Fax (763) 427-0833 www.bolton-menk.com March 26, 2009 Mr. Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE, P.O. Box 9 Albertville, MN 55301 RE: Award of Contract CSAH 37 Utility Extension Project BMI Project No.: R13.040276 Honorable Mayor and City Council Members: Attached is an abstract of bids received and opened on January 14,2009, for the above referenced project. A total of sixteen (16) bids were received with proposals ranging from $339,699.55 to $418,953.34. Nodland Construction Company, Inc, of Alexandria, Minnesota, submitted the low bid for the project in the amount of $339,699.55. The proposed project funding sources and associated percentages are as follows: Niemeyer Trailer Sales City Funds (Sewer Trunk) Sewer Connection Charges Water Connection Charges (10.5%) (9.7%) (59.2%) (20.6) Also enclosed, please find a detailed allocation of the constructions costs, as well as, a total project cost and funding summary. Upon review of the bids and proposed funding with City staff, Mr. Niemeyer has asked the City to proceed with the project and prepare the necessary agreements for him to move forward with his project. If the City and Niemeyer Trailer Sales choose to go forward with the project, based on the bid received, it is recommended that the contract in the amount of$339,699.55 be awarded to Nodland Construction Company, Inc. Upon award, staff will finalize contract documents and proceed with the improvements. DESIGNING FOR A BillER TOMORROW Bolton & Menk is an equal opportunity employer 99 0'" Award : lIi~-" 3/26/09 I! ~ Page 2 I will be at your April 6th City Council Meeting to present this information and discuss any questions you may have concerning your project. Sincerely, BOL TON & MENK, INC. ~E:.E Albertville Engineer Enclosures: Abstract of Bids Council Resolution Construction Cost Allocation Project Cost and Funding Summary Cc: Bridget Miller - City Clerk Tina Lannes - Finance Director John Middendorf - Utility Superintendent 100 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2009-XX RESOLUTION ACCEPTING BID FOR CSAH 37 UTILITY EXTENSION PROJECT WHEREAS, plans and specifications for the extension and construction of municipal sanitary sewer and municipal water to service those properties north ofCSAH 37, south of Interstate 94 and lying between 64th Street NE and Kadler Avenue NE, along with related improvements, have been prepared by Bolton & Menk, Inc. and such plans and specification have been presented and approved by the Albertville City Council; and WHEREAS, pursuant to an advertisement for bids for the proposed improvements, bids were received, opened and tabulated according to law; and WHEREAS, it appears that Nodland Construction Company, Inc. of Alexandria, Minnesota is the lowest responsible bidder for the proposed improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Minnesota, as follows: 1'. The bid of NodI and Construction Company, Inc., said "Low Bidder" in the amount of $339,699.55 for the construction ofthe proposed improvements, in accordance with the plans and specifications and advertisement for bids, is the lowest responsible bid. 2. Said bid of said Low Bidder is accepted. 3. The City Administrator and City Clerk are hereby authorized and directed to enter into a contract with said "Low Bidder" for the construction of said improvements for and on behalf of the City of Albertville, contingent upon Niemeyer Trailer Sales first entering into a development agreement for the improvements to the proposed Niemeyer Trailer Sales plat. Approved by the City Council of the City Albertville this 6th day of April 2009. Ron Klecker, Mayor Bridget Miller City Clerk 101 CONSTRUCTION COST ALLOCATION CSAH 37 UTILITY EXTENSION CITY OF ALBERTVILLE, MINNESOTA BMI PROJECT NO.: R13.040276 SHARED SHARED SHARED SHARED L.S L.S L.S. L.S. L.S L.S. L.S. L.S. L.S SHARED SAN L.S SAN SAN SAN SAN SAN SAN SAN SAN SHARED WMN WMN WMN WMN WMN WMN WMN WMN WMN WMN WMN WMN WMN SHARED SHARED SHARED SHARED FUNDING ITEM GROUP NO. ITEM BASE BID, Section A MOBILIZATION TRAFFIC CONTROL EXPLORATORY EXCAVATION SUBGRADE EXCAVATION (1) SELECT GRANULAR BORROW (CV)(1) COMMON BORROW (CV) AGGREGATE BASE CL 5 (CV)(4) STABILIZING AGGREGATE (CV)(1) 11/2" TYPE MV WEAR COURSE MIXTURE (4) 2 1/Z' TYPE MV NON-WEAR COURSE MIXTURE (4) GEOTEXTILE FABRIC (4) 6" CONCRETE PAVEMENT (4) BOLLARD (4) STREET AND BOULEVARD RESTORATION (7) REMOVE SEWER PIPE (STORM)(5) CONSTRUCT LIFT STATION - COMPLETE (3) CORE & BOOT CONNECTION TO EXISTING SANITARY 8" DIP SANITARY SEWER PIPE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Bn SDR-26 SANITARY SEWER PIPE (6) 4" HOPE FORCE MAIN (TRENCHLESS) 4" PVC FORCEMAIN ~ C900 (OPEN CUT) SANITARY MANHOLE, DES. 4007-48" MH CHIMNEY SEAL, SANITARY CASTING ASSEMBLY, SANITARY JACK & AUGER 14" STeEL CASING (2) CONNECT TO EXISTING WATERMAfN SALVAGE & REINSTALL HYDRANT AND VALVE HYDRANT - WATEROUS PACER WB-67-250; 9.5' BURY 6" PVC WATERMAIN, C900 8" PVC WATER MAIN, C900 12" PVC WATER MAIN, C900 6" GATE VALVE & BOX 8" GATE VALVE & BOX 12" GATE VALVE & BOX WATERMAIN FITTINGS - EPOXY COATED WET TAP (0' ON 12") WET TAP (12" ON 12") ADJUST VALVE BOX EROSION CONTROL BLANKET, CATEGORY 2 INLET PROTECTION SEED, MULCH, & FERTILIZE SILT FENCE, PRE-ASSEMBLED ADD ALTERNATE, Section B 6" SDR-26 SANITARY SEWER SERVICE (6) 8" SDR~3S SANITARY SEWER PIPE 8" SDR-26 SANITARY SEWER PIPE 8"X6" SDR-26 SANITARY SEWER INYE SANITARY MANHOLE, DES. 4007-48" MH CHIMNEY SEAL, SANITARY CASTING ASSEMBLY, SANITARY HYDRANT - WATEROUS PACER WB-67-2S0; 9.5' BURY 6" PVC WATER MAIN, C900 8" PVC WATERMAIN, C900 6" GATE VALVE & BOX 10 11 12 13 8" GATE VALVE & BOX WATER MAIN FITTINGS - EPOXY COATED APPROX. QUANT. UNIT 65 65 265 65 65 205 205 250 45 26 ,. 809 275 258 62.1 150 30 125 834 850 575 1.85 1750 210 329 67 33.3 171 410 650 UNIT PRICE LS LS HR CY CY CY CY CY SY SY SY SY EA LS LF LS EA LF LF LF EA LF EA EA LF EA EA EA LF LF LF EA EA EA LB EA EA EA SY EA AC LF $3,500.00 $1,250.00 $150.00 $10.00 $25.00 $17.50 $35.00 $50.00 $10,99 $15,52 $2.25 $75.00 $425.00 $4,000.00 $15.00 $120,500.00 $500.00 $50.00 $35.00 $26.00 $17.00 $135.00 $1,00 $425.00 $245.00 $500,00 $250.00 $2,750.00 $19.00 $20.00 $26.00 $1,150.00 $1,500.00 $2,650.00 $3.BO $1,250.00 $4,000.00 $350,00 $2,00 $1.00 $780.00 $0.50 TOTAL Section A: LF LF LF EA LF EA EA EA LF LF EA EA LB $12.00 $20,00 $35,00 $100.00 $135.00 $1.00 $425.00 $2,750.00 $19.00 $20.00 $1,150.00 $1,500.00 $3,60 TOTAL PROJECT BID (Section A + Sec:tion B): TOTAL Section B: City of Albertville - R13.040276 2/112009 Construction Cost Allocation AMOUNT $3,500.00 $1,250.00 $600.00 $650.00 $1,625.00 $4,637.50 $2,975.00 $3.250.00 $2,252.95 $3,181.60 $562.50 $3,375.00 $1,700.00 $4,000.00 $390.00 $120,500.00 $500.00 $700.00 $28,315.00 $7,150,00 $4,386.00 $8,383.50 $3.00 $1,275.00 $36,750.00 $500.00 5250.00 $8,250.00 $570.00 $2,500.00 $21,6B4.00 $3,450.00 $3,000.00 $5,300.00 $3,230.00 $1,250.00 $4,000.00 $700.00 $1,150.00 $4.00 $1,443.00 $875.00 $300,068,05 $2,520.00 $6,580.00 $2,345.00 $200.00 $4,495.50 $2.00 $850.00 $2,750.00 $3,249.00 $6,200.00 $4,600.00 $1,500.00 $2,340.00 1-Feb-08 BASE BID ALLOCATION WATER TRUNK SEWER TRUNK LS. CONTRIBUTION aUANT. AMOUNT aUANT. AMOUNT aUANT. AMOUNT 0.26 $910.00 0.25 $875.00 0.49 $1,715.00 0.26 $325.00 0.25 $312.S0 0.49 $612.50 1.04 $156.00 1 $150.00 196 $294.00 16.9 $169.00 16.25 $162.50 31.85 $318.50 65 $1,625.00 265 $4,637.50 85 $2.-975.00 65 $3,250.00 205 $2,252.95 205 $3,181.60 250 $562.50 45 $3,375.00 4 $1,700.00 0.5 $2,000.00 0.5 $2,000.00 26 $390.00 1 $120,500.00 1 $500.00 14 $700.00 809 528,315.00 275 $7,150.00 258 $4,386.00 62.1 $8,383.50 3 $3.00 3 $1,275.00 75 $18,375.00 75 $18,375.00 1 $500.00 1 $250.00 3 $8,250.00 30 $570.00 125 $2,500.00 B34 $21,684.00 3 $3,450.00 2 $3,000.00 2 $5,300.00 850 $3,230.00 1 $1,250.00 1 $4,000.00 2 $700.00 250 $500.00 325 $650.00 2 $2.00 2 $2.00 0.85 $663.00 1 $780.00 875 $437.50 875 $437.50 $78221.50 $74,847.00 $146999.55 26% 25% 49% $300,068.05 $339,899.55 $39,831.50 (100% PAlO BY NIEMEYER) 10f1 103 CSAH 37 UTILITY EXTENSION CITY OF ALBERTVILLE, MINNESOTA BMI PROJECT NO.: R13.040276 PROJECT COST SUMMARY CONSTRUCTION PRIVATE UTILITY CHARGES SUBTOTAL CONSTRUCTION ENGINEERING (20%) PERMITS & TESTING (4%) LEGAL & ADMIN. (5%) LS. LAND ($3. 15/SF) SUBTOTAL PROJECT FINANCE (2.5%) PROJECT COST PROJECT COST ALLOCATION CONSTRUCTION PRIVATE UTILITY CHARGES SUBTOTAL CONSTRUCTION ENGINEERING (25%) PERMITS & TESTING (4%) LEGAL & ADMIN. (5%) LS. LAND (4900 SF @ $2/SF) SUBTOTAL PROJECT FINANCE (2.5%) CAPITALIZED INTEREST (XX%) TOTAL PROJECT FUNDING NIEMEYER UTILITIES: CITY CONTRIBUTION (25% LS.): TRUNK SANITARY SEWER: TRUNK WATER: TOTAL: $ $ $ $ $ $ $ $ $ $ 339,699.55 (per 1/14/09 BID) 27,000.00 (Xcel Energy Estimate) 366,699.55 73,339.91 14,66798 18,334.98 15,435.00 488,477,42 12,211.94 500,689,36 SANITARY SEWER WATERMAIN LIFT STATION NIEMEYER UTILITIES TOTAL PROJECT $ 74,847.00 $ 78,221.50 $ 146,999.55 $ 39,631.50 $ 339,699.55 $ 27,000.00 $ 27,000.00 $ 101,847.00 $ 78,221.50 $ 146,999.55 $ 39,631.50 $ 366,699.55 $ 20,36940 $ 15,644.30 $ 29,399.91 $ 7,926.30 $ 73,339.91 $ 4,073.88 $ 3,128.86 $ 5,879.98 $ 1,585.26 $ 14,667.98 $ 5,092.35 $ 3,911.08 $ 7,349.98 $ 1,981.58 $ 18,334.98 $ 15,435.00 $ 15,435.00 $ 146,817,63 $ 100,905.74 $ 189,629.42 $ 51,124.64 $ 488,477.42 $ 3,670.44 $ 2,522.64 $ 4,740.74 $ 1,278.12 $ 12,211.94 $ 150,488.07 $ 103,428.38 $ 194,370.15 $ 52,402.75 $ 500,689,35 $ $ $ $ $ 52,402.75 48,592.54 296,265.69 103,428.38 500,689.35 10.47% 9.71% 59.17% ~ 100.00% CONNECTION CHARGE APPORTIONMENT SEWER CHARGE PER ACRE: WATER CHARGE PER ACRE: $16,919.80 $6,408.20 (BASED ON 17.51 ACRE SANITARY SERVICE AREA) (BASED ON 1641 ACRE WATER SERVICE AREA) BUILDABLE CONNECTION CHARGE TOTAL PROPERTY ACRES SEWER WATER COST MILLER PROPERTY 8.75 $148,048.24 $56,071.77 $204,120.01 WELLERSON LLP/NIEMEYER 7.39 $125,037.32 $47,356.61 $172,393.93 PROGESSIVE BUILDING SYSTEMS LDT 1.37 $23,180.13 N/A $23,180.13 TOTALS City of Albertville - R13.040276 3/26/09 17.51 $296,265.69 $103,428.38 $399,694.07 Project Cost and Fundaing Summary 2 off 134 E:3C>L T<::::>N & ~ E: N I< ~ Consulting Engineers & Surveyors 7533 Sunwood Drive NW. Ramsey. MN 55303 Phone (763) 433-2851 . Fax (763) 427-0833 www.bolton-menk.com I NC:@ MEMORANDUM Date: March 25, 2009 To: The Honorable Mayor and City Council Cc: Larry Kruse, Albertville City Administrator From: Adam Nafstad, P.E., Albertville Engineer Subject: Project Status Update The following is a brief project status update as of March 31, 2009: 1. Albertville Marketplace A convenient store concept will be presented to the Council at the April 6th City Council meeting. Mr. Morris is hoping to begin construction of the convenience store in the spring. 2. Niemeyer Trailer Sales The final plat and development contract will be presented to the Council for review and approval at the April 6th meeting. 3. CSAH 37 (West) Utility Extension - Niemeyer Development Contingent upon the approval of the final plat and development contract, staff is recommending award of the contract to Nodland Construction, the low bidder. If awarded at the April 6th meeting, staff will finalize contracts and authorize construction. Given the coordination required with the Niemeyer plat, the contract will require completion by October 1 S\ 2009. It is anticipated that construction will commence mid to late-May. 4. CSAH 19 Proiect (57th Street to Albertville Southerly Limits) With the exception of a few warranty items, construction is complete. Ongoing project related tasks include the assessment appeals and the project closeout proceedings. 5. Hunters Pass The City has received the wetland monitoring report for 2008 and authorized Prairie Restoration, Inc. to perform the required maintenance as recommended by the 2008 report. Staff will continue to coordinate the completion of all remaining work and punchlist items. The costs associated with wetland monitoring and maintenance, as well as, the other tasks required to complete the project will be paid using the previously drawn letter of credit. 6. Phil Morris Lift Station Xcel has changed-out the defective transformer and completed the electrical service installation. The lift station is fully functional and ready to be put in service. The driveway will be completed in the spring by Oman Brothers and Northdale Construction will be addressing a few warranty items this summer. M:\Public Data\City Council\Council Packet information\2009\04-06-09\04 06 2009 913 Engineering Progress Report March 31, 2009.doc Agenda Item No. 9.1.3 Meeting Date April 6, 2009 1135 t/) C to u. o I- o ~ l- t/) to <( '-:ijC G>_ "'co ,liil:w .. 0 'Q; ii C> Q. I- :2 ::> I- .; z .E 5 >oz::; i::!:c:( Ol ~ tf 8g :o:~ G> _ > g: I- :2 ::> C I- :8 ~ g 0 ~~~ 6 ..: coO~ G> 0 ~ fi .cJ:w ~ !,! ~ ~ I- :2 ::> I- .. z c ::> o 0 CIlz::; oll:;;< " i ~~ ; e Ii! 0 o..Jw .g ~ o a: Q. I- :2 ::> I- Z '" ::> c 0 +:i :E ~zc( ~:;; <D ~ ~ :iQ2 .. 2 w m !,! a: Q. I- :2 ::> I- C Z o ::> ~zg E ~< .. ~ c$ '" 0 co o ~ c co G> G> C-w coo ~ i2 Q. 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'" '" (:) a o 0 t '" ... <D ~ ~ ~ ~ ~ ~"""(,.)m -.I 0 '" 0> co 0 0 a t.n (:) b (:) a 0 0 0 z~~ 9~~ OJ () )> s:: C/) OJ - :x> ,,, "'U :r: 'I' ::u VJ -f 0-...J;::tJ '-C)> ~:jO ~ S-f 0-<0 :.m"TI ::U~OJ ~m- zC ~~cn 00 ~Z (J) ;;: " o o '" ::j m ;: ~ CJ~ c" ~" ~~ . ?< c z ::j 5" QO <; !!'l/l ~~g o !!' c :; ~ ~ '" <It ., '" 0 <.n b o 0 o 0 (:) 0 o 0 c z ::j < " 0 ~-agl m-S 3! id '" '" s. :i' :: =IC )>.!D go ;:3: I OZCD c .. z ~ ... cil '" '" ., '" 0 In b o 0 o 0 (:) 0 o 0 c z ::j " l/l " S- O " mcn~ .. ~ < m i ~ ~ - < i: ~ g. o IC ~ ~ c z ::j " Z " 0 ~cn~ ;i ~~ i ~ w . "C ~3:::r ~z~ ~ ~ c z ::j " Z " 0 ~~~ ~~ ~&'. CD ::l )>3:~ ~Z~ c: ~ Z 0 ... ::l '" '" ., '" -0'1 b o 0 o 0 b b o 0 c z ::j 0 " .. ~ Ci m::u'l .. ~ 3 ~ '" ::l ~ :; 0; ~3:g ~z~ c " z e: ... cil c Z ~ !: " ::l oOcc m&~ ::l 0 ::ro .. ::l gl!e.m ~-~ ~ ~ ~ g' C _ ~ ~ . Albertville Project Status Update 3/25/09 Page 2 of2 7. Towne Lakes 6th Addition Staff is working with the Owner and their representative to amend the development contract and complete the trunk watermain in 2009. 8. 70th Street CCSAH 19 to MacIver) Staff has received the final invoice from the City of Otsego and is recommending final payment to Otsego for the project. 9. Mapping With the exception of the utility maps, the 2009 map revisions are complete. Utility maps are expected to be complete by the end of April. 10. Intersection Crash History Staffhas received crash histories for the CSAH 19 intersections at 57th Street and CSAH 37. The County is aware of Albertville's concerns regarding intersection safety and is researching potential enhancements that would be designed to reduce crash rates. Staff will have a follow-up meeting with the County. 11. 2009 Municipal State Aid System Staffhas submitted the 2009 Needs Report. Upon review of the system and available mileage, no system revisions will be recommended for 2009. Staff will be reviewing potential street projects that could utilize MSA funds. The current MSA fund balance is approximately $1,000,000. 12. Albert Villas 6th Addition The assessment hearing for sidewalk and landscaping improvements will be held at the April 6th meeting. It is proposed that that the vacant lots, which have not been sold to private parties, be assessed the full cost of the project. If the special assessments are approved, staff will present recommendations of award at the next meeting. 13. Annual Maintenance Proiects Staff is evaluating candidate overlay and seal coat projects for 2009. Given budget limitations, staff will be reviewing alternatives such as potentially holding off on the overlay project and performing a larger seal coat project. Staffwill also continue to work towards development of a short-term improvement plan, as well as, a long term work plan. 14. Proiects to resume in the Spring Include: · Franklin Property Sewer Extension - Punchlist Items. · Winter Park Improvements - Punchlist Items · Niemeyer Trailer Sales - Grading and site improvments · Albertville Townhomes - Site Improvements . Towne Lakes 5th - Punchlist Items. . Karston Cove 3rd - Private Driveways and Punchlist Items · Railroad Exchange Plat - Storm Sewer Investigation I will be at your April 6th City Council meeting to discuss any questions concerning these and/or other projects taking place in town. M:\Public Data\City Council\Council Packet information\2009\04-06-09\04 06 2009 913 Engineering Progress Report March 31, 2009.doc Agenda Item No.9. 1.3 Meeting Date April 6, 2009 106 ~ ~~~!!,!il)~ Mayor and Council Communication Aprill, 2009 SUBJECT: LEGAL - NIEMEYER TRAILER SALES DEVELOPER'S AGREEMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion: Approve PLANNED UNIT DEVELOPMENT AGREEMENT, NEIMEYER TRAILER SALES BACKGROUND: Last fall, Niemeyer Properties, LLC and Wellerson LLP applied for and received preliminary plat approval for the Niemeyer Trailer Sales plat. Over the lastseveral months City Staff has been working with Tim Niemeyer to wrap up the loose items and put the developer's agreement into final form. That agreement is now on the City Council's agenda for approval at this meeting. The Developer's Agreement is based on the City's standard form and incorporates the conditions set forth in the preliminary plat approval granted by the City last fall. KEY ISSUES: . A conditional use on Lot 3, Block 1 of the Subject Property is approved for motor and recreational vehicle sales, leasing/rental, service and repair, subject to a number of restrictions previously approved by the City Council. · If he desires to do so, the developer has five years to relocate the billboard to the common lot line between lots 1 and 2. · The City will make a good faith effort to install trunk sewer and water improvements to the property by October 31, 2009. This means the City will need to award the bid for the trunk project immediately, contingent upon the execution of the Developer's Agreement and the recording of the plat. · The Developer consents to the special assessment of its property for the amount of $169,956.25 for the trunk improvements, and the Developer waives its right to appeal the assessment. The assessment will be levied for a period of at least 10 years at our bond rate plus 2%. · The City will make a good faith effort to install sewer and water service within the street that Niemeyer is constructing on the property. As with the trunk utilities, the City is agreeing to make a good faith effort to install these utilities by October 31, 2009. The Developer waives its right to appeal the assessment in the amount of $52,402.75, the entire cost of these utilities. The City agrees to levy the assessment over a 10 year period at the City's bond rate plus 2%. · The City will establish a trunk sewer and water district to recover the remaining cost of the trunk improvements from the Miller property and the property to the east at such time as they connect to the utilities. The ordinance establishing this district will appear on a later City Council agenda. M:\Public Data\Requests for Council Actions (RCA)\2009\04 062009 Legal Niemeyer RCAdoc Agenda Item No. 9.J .1. Meeting Date April 6, 2009 107 Mayor and Council Communication - March 31,2009 Legal - Niemeyer Trailer Sales Page 2 of 3 · If the Miller property connects to the sewer and water lines in the street at the north end of the street, the trunk ordinance will require the Miller property to pay one-half the costs of installing the utilities in the road. The City would then rebate to Niemeyer an amount equal to the lesser of what we receive from the Miller property or $26,201.38. · The street will remain a private street until such time as the City requires that it be dedicated to the public. The property owners will maintain the road until such time as the City requests that it be dedicated to the Public. At such time as the Miller property develops, and assuming that the Miller property seeks to use the private street, the City could require its dedication and may attempt to collect one half of the street costs from the developer of the Miller property, with this money to be then rebated back to Niemeyer in a maximum amount of $140,090. · Niemeyer is putting in the remainder of the municipal improvements and is backing that with a letter of credit in the amount of $93,521. · The City has the option to purchase approximately 4,900 square feet of land from the plat for a lift station at the purchase price of$15,435.00. · The Developer has a problem with the developer's representation language in paragraph 16H where the developer represents that its plat complies with all local, state and federal regulations. This is a standard clause in all of our developer's agreements and is used to require a developer to fix a faulty design or remedy some other problem that comes to light after the plat has been recorded. I exrect the developer to request to discuss this issue with the City Council at the April 6t meeting. · The developer is paying a park dedication fee of $45,1 00. · The developer is paying an administrative fee of$1,505. POLICY CONSIDERATIONS: Adoption of the Developer's Agreement is required by the City's subdivision ordinance, although the City Council has the authority to modify the contents of the Developer's Agreement before it is approved and signed. This agreement is based on the City's standard form agreement. The various rebates included in this agreement were approved in concept by the City Council at the time preliminary plat approval was granted. FINANCIAL CONSIDERATIONS: The City will receive park dedication funds and administrative funds with the signing of the developer's agreement and the release of the plat for recording. All City expenses incurred in processing this plat will be paid by the Developer. The City will incur expenses in installing the trunk and local utilities. While the city will collect a majority of these costs from special assessments levied upon the Niemeyer property, City Staffis unable to predict when the remaining two landowners will develop and pay their share of the trunk charges. The City will carry these costs until the neighboring properties connect to these utilities. M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 Legal Niemeyer RCAdoc Agenda Item No. 9.J .1. Meeting Date April 6, 2009 108 Mayor and Council Communication - March 31, 2009 Legal - Niemeyer Trailer Sales Page 3 of3 LEGAL CONSIDERATIONS: Once adopted, the Development Agreement will be binding upon both the City and the Developer and will be recorded on the property records at the Wright County Recorder's Office. Respectfully submitted, cf~~ Larry R. KJuse City Administrator Department/Responsible Person: Legal/Mike Couri, City Attorney Attachments: PLANNED UNIT DEVELOPMENT AGREEMENT, NEIMEYER TRAILER SALES M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 Legal Niemeyer RCA.doc Agenda Item No. 9.J .1. Meeting Date April 6, 2009 109 DRAFT DATED MARCH 30, 2009 CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT Niemeyer Trailer Sales THIS AGREEMENT, entered into this day of , 2008 by and between City of Albertville, a body corporate and politic existing under the law of the State of Minnesota, the "City", and Niemeyer Properties, LLC, a Minnesota Limited Liability Company ("Niemeyer"), and Wellerson, LLP, a Minnesota Limited Liability Partnership ("Wellerson"); Niemeyer and W ellerson may collectively be referred to herein as "Developer"; WITNESSETH: WHEREAS, Wellerson is the fee owner and Niemeyer.is the developer of the real property legally described on the attached Exhibit A (the "Subject Property"); and WHEREAS, the City has given preliminary and final plat approval to the Subject Property contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the Subject Property is currently owned by Wellerson and leased by Niemeyer pursuant to a certain Ground Lease Agreement dated ; and WHEREAS, the City has given fmal approval of Developer's plat of the Subject Property contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and 1 111 WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, curb and gutter, grading, sanitary sewer, municipal water, storm sewer and drainage ponds as defined and described in paragraph 4 below to be installed to serve Said Plat and other properties affected by the development of Developer's land, to be installed and 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 and erosion control per lot, bituminous or concrete driveways, drainage swales, berming, street signs, street lights, street cleanup during project development, erosion control, landscaping, and other site-related items; and WHEREAS, final approval of the Planned Unit Development ("PUD") is required to allow for the aforementioned Subject Property proposed by Developer; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of the Subject Property and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Planned Unit Development. The City hereby grants approval of the Development on the Subject Property as a Planned Unit Development. Unless otherwise explicitly set forth in this Agreement, however, Developer must conform to the requirements of the Business Warehousing ("BW") zone of the Albertville Zoning and Subdivision Ordinance, as well as all other applicable land use regulations. Developer agrees that the following conditions will be met on a continuing basis: A. Conditional Use Permit Approval for Lot 3, Block 1. A conditional use on Lot 3, Block 1 of the Subject Property is approved for motor and recreational vehicle sales, leasing/rental, service and repair, subject to the following conditions: 1. All structures shall be constructed in the configuration, location, floor plan and materials as shown on the plans attached as Exhibits B and C to this Agreement. 2 112 11. Developer shall construct the number of parking stalls in the locations and dimensions as shown on the attached Exhibit B. The parking stalls shall not be used for outdoor sales or storage and shall be specifically marked for customer and employee use. iii. Outdoor storage of waste material, debris, refuse, damaged vehicles, or new or junk vehicle parts on said Lot 3, Block 1 shall be prohibited. iv. The outdoor repair of motor vehicles or motor vehicle parts anywhere on the property is prohibited. v. Only the area designated for outdoor sales as shown on Exhibit B shall be used for outdoor sales. No other area may be used for this purpose. vi. Developer shall install signage along the parking lots and sales lots at locations approved by the City Engineer indicating the location of wetland buffer areas. vii. All lighting shall be hooded with a ninety degree (90 degree) cutoff that directs lighting downward so that no lighting shines on adjacent property, building, or structures. V11l. Developer shall pave those portions of the Subject Property labeled "bituminous pavement" as shown on Exhibit B prior to the issuance of an occupancy permit for any building on said lot 3, block 1. ix. Developer, shall maintain the area labeled Outdoor Sales Lot on Exhibit B as a gravel sales areas until not later than seven years after the building permit is issued for any building on said Lot 3, Block 1, at which time Developer shall pave such gravel area. x. Trees, shrubs, berms and screening are to be planted and installed as shown on the Landscape Plan attached as Exhibit D and may not be removed without the written consent of the City unless such plants have died and are removed and immediately replaced with plantings consistent with said Landscape Plan. The lot owner shall guarantee that all new trees shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the lot owner. Each lot owner will be required to post a cash escrow with the City prior to the issuance of a building permit for such lot to ensure the installation of the required landscaping, which must be installed during the building season 3 113 in which the building is substantially completed, or the following building season if weather conditions do not permit the installation of such landscaping upon substantial completion of the building. The escrow shall cover the estimated cost to purchase and install landscaping for that lot and the escrow shall remain with the City for the full two year guarantee period, provided, however, that the escrow shall be reduced by 50% upon the planting of all landscaping required on said lot. The lot owner shall replace, at its own expense, any plantings as shown on attached Exhibit D that might be damaged during the construction of any buildings on Subject Property. xi. Developer shall maintain the infiltration and wetland buffer plantings shown on Exhibit D in good working order at all times. Developer shall maintain all ponds, storm sewers and drainage ways on the Subject Property . B. Developer has submitted a utility plan for Subject Property showing all existing and proposed utility lines and easements, attached hereto and incorporated herein as Exhibit B. Developer agrees to install all such utilities at Developer's expense according to this Exhibit B. C. Use of Easement Areas. Developer shall be permitted to plant trees and construct improvements consisting of bituminous pavement and concrete curb over drainage and utility easement areas in the locations shown on the attached Exhibit E ("Easement Area"), provided that such structures do not inhibit the use of the Easement Area by the City and provided that in the event the City uses such Easement Area in the future for its intended purpose, the City may remove such structures and improvements from the Easement Area as may be necessary, and Developer shall be responsible for reinstalling such improvements and structures at Developer's cost. Furthermore, the Easement Area, including all improvements in it, shall be maintained continuously by the Developer, except for those improvements for which a public authority or utility company is responsible. Such maintenance shall include snow and ice removal within a reasonable time of its accumulation such that vehicles can reasonably travel on such easement area during normal business hours. D. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the City of Albertville, Wright County Soil and Water District and/or any applicable provisions of State and Federal law. Any and all dewatering and dewatering operations will be the sole responsibility of the Developer and shall be performed as required by the City and in accordance with 4 114 all applicable county, state, and federal rules and regulations. Developer shall install wetland buffer between the wetlands and parking lots/sales display areas as required by City Ordinance and shown on Exhibit B. E. All grading, drainage, utility, wetland mitigation, and transportation issues that arise during development of the Subject Property shall be subject to review and approval by the City Engineer. F. Developer shall establish a Reciprocal Easement Agreement ("REA") or a maintenance agreement that shall be recorded at the Wright County Recorder's Office and which shall require the owners ofthe numbered lots on the Subject Property to maintain all ponds, drainage ways and storm sewers within the Subject Property, including those located on Outlot A. Such REA or maintenance agreement shall be subject to approval by the City Attorney. G. All construction shall comply with the City of Albertville engineering standards, Standard Utility Specifications of the City Engineers Association of Minnesota, 1999 edition, and the latest edition of the MnDOT Standard Construction Specifications and all regulatory requirements (MPCA, MN Department of Health, etc.) H. Developer may, at Developer's expense and within five years from the date of this Agreement, relocate the existing billboard now located on Lot 2 of Said Plat to the property line between Lots 1 and 2 of Said Plat. 2. Sanitary Sewer and Municipal Water Trunk Improvements. A. Construction. Upon the execution of this Agreement by all parties, and upon the recording of Said Plat at the Wright County Recorder's Office, the City shall make good faith efforts to construct trunk sanitary sewer and municipal water improvements in the configuration shown on the attached Exhibit F, with the intention to complete such improvements by October 31, 2009. B. Special Assessment. The Developer has requested that the City special assess any trunk charges to the Subject Property rather than require payment of all trunk charges upon the platting of the Subject Property. The Developer hereby acknowledges that the Subject Property will benefit from the City's construction of the sanitary sewer and municipal water trunk improvements as shown on Exhibit F. Upon the City entering into a contract for the construction of such trunk utilities, Developer consents to the special assessment of sanitary sewer and municipal water trunk charges in the amount 5 115 of $169,956.25 against Lots 1,2 and 3 as follows: Lot 1: $42,489.06; Lot 2: $42,489.06; Lot 3: $84,978.13. Developer waives the right to appeal $169,956.25 of such sanitary sewer and municipal water trunk improvement special assessment to the Wright County District Court pursuant to Minn. Stat. ~ 429.081. In the event the City special assesses the Subject Property for such costs, the City shall amortize such special assessments over a period not less than 10 years at an annual interest rate not exceeding the rate of any bond issued to finance said Municipal Improvements (or the most recently issued Albertville special assessment bond if none is issued for this project) plus 2%. 3. Outlot A. A. Utilities B. The Developer has requested that the City construct sanitary sewer and municipal water improvements on Outlot A. Upon the execution of this Agreement by all parties, and upon the recording of Said Plat at the Wright County Recorder's Office, the City shall make good faith efforts to construct said sanitary sewer and municipal water improvements on Outlot A in the configuration shown on the attached Exhibit G, with the intention to complete such improvements by October 31,2009. C. Special Assessment. The Developer hereby acknowledges that construction of the sanitary sewer and municipal water improvements on Outlot A will benefit the Subject Property. Upon the City entering into a contract for the construction of such utilities, Developer consents to the special assessment of all costs related to the installation of such improvements on Outlot A of Subject Property in the amount of$52,402.75 against Lots 1,2 and 3 as follows: Lot 1: $13,100.69; Lot 2: $13,100.69; Lot 3: $26,201,38. Developer waives the right to appeal $52,402.75 of such special assessment to the Wright County District Court pursuant to Minn. Stat. ~ 429.081. In the event the City special assesses Subject Property for such costs, the City shall amortize such special assessments over a period not less than 10 years at an annual interest rate not exceeding the rate of any bond issued to finance said Municipal Improvements (or the most recently issued Albertville special assessment bond if none is issued for this project) plus 2%. D. If, at the City's request, Outlot A is dedicated to the City, and if, at any time after that dedication, the City receives payment from the landowner adjoining the westerly line of the plat of Niemeyer Trailer Sales for initial connection to sanitary sewer and municipal water improvements constructed on Outlot A, the 6 116 City shall rebate to the Developer an amount equal to the lesser of: 1) the amount received by the City from the landowner adjoining the westerly line of the plat of Niemeyer Trailer Sales specifically attributable to its initial connection with the utilities constructed on Outlot A (but excluding connection charges attributable to the trunk sanitary sewer and municipal water mains described in paragraph 2A above); or 2) 50% of the principal amount special assessed to Developer pursuant to paragraph 3Aii. However, the City's obligation to rebate monies to the Developer under this paragraph shall not arise unless Developer first notifies the City Clerk in writing of its intent to be reimbursed, and such notification occurs within 120 days before the date preliminary plat approval is granted by the City for the land adjoining the westerly line of the plat of Niemeyer Trailer Sales. Failure of Developer to notify the City within said 120 day time period shall extinguish any obligation of the City to rebate monies to the Developer under this paragraph. Said rebate shall expire in 30 years from the date of this Agreement, after which time the City shall have no obligation to rebate any monies to Developer under this paragraph. E. Private Street 1. Developer shall construct a private street on Outlot A as shown on Exhibit H. Said street shall be constructed consistent with the plans and specifications shown on the plans and specifications as prepared by dated 2008 and on file with the City Clerk. 11. The City may, but is not required to, request that Developer dedicate Outlot A to the City in its entirety as a public street. If, at any time, the City makes such a request, Developer must dedicate Outlot A to the City within 30 days of such request, free of charge, by executing and delivering to the City the easement attached as Exhibit I, free and clear of liens and encumbrances. iii.Until such time as Outlot A may be made a public street by direction of the City Council pursuant to the terms of this Agreement, Developer shall maintain the private street located on Outlot A in a commercially reasonable manner such that the street is paved and plowed at all times and such that cars and emergency vehicles can safely pass on said road at all times. At the time of recording of this Agreement at the Wright County Recorder's Office, Developer shall record a private street maintenance agreement or Reciprocal Easement Agreement ("REA") 7 117 which requires all three lots on the Subject Property to maintain said private street in a commercially reasonable manner as required by this Agreement. Such maintenance agreement or REA must meet the approval of the City Attorney as to form and content. Upon recording of such, Developer shall be relieved of the maintenance of such private street except to the extent Developer's maintenance obligations arise by virtue of Developer's ownership of property subject to such maintenance agreement or REA. The maintenance agreement or REA shall specifY that the underlying maintenance obligations may not be modified or eliminated without the written approval of the Albertville City Council, and such agreement shall specifY that at such time as Outlot A becomes a public street the maintenance agreement or REA shall terminate. iv. If, at the City's request, Outlot A is dedicated to the City, and if, at any time after that dedication, the City receives payment from the landowner adjoining the westerly line of the plat of Niemeyer Trailer Sales specifically attributable to its initial connection to Outlot A as a public street, Developer shall receive a rebate not to exceed the lesser of 1) $140,090.00, representing 50% of the estimated cost of construction of the street; or 2) the amount of said payment received from the landowner adjoining the westerly line of the plat of Niemeyer Trailer Sales for initial connection to Outlot A as a public street. However, the City's obligation to rebate monies to the Developer under this paragraph shall not arise unless Developer first notifies the City Clerk in writing of its intent to be reimbursed, and such notification occurs within 120 days before the date preliminary plat approval is granted by the City for the land adjoining the westerly line of the plat of Niemeyer Trailer Sales. Failure of Developer to notifY the City within said 120 day time period shall extinguish any obligation of the City to rebate monies to the Developer under this paragraph. Further, the City's obligation to rebate such monies to Developer shall not include special assessments received by the City from the landowner adjoining the westerly line of the plat of Niemeyer Trailer . Sales pursuant to a road improvement project undertaken by the City. Said rebate shall expire in 30 years from the date of this Agreement, after which time the City shall have no obligation to rebate any monies to Developer under this paragraph. 4. Construction of Municipal Improvements. 8 118 A. The Developer shall construct grading, storm sewer, storm water ponding, drainage ponds and improvements to CSAH 37 as required by the Wright County Highway Department (collectively, "Municipal Improvements") and the private street, curb and gutter, all (except the improvements to CSAH 37) as shown on the plans and specifications as prepared by dated 2008 and on file with the City Clerk. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31, 2009. B. The Developer shall provide the City with record drawings for all Municipal . Improvements and the private street (in both paper and electronic forms), consistent with City requirements and subject to review and approval of the City Engineer. Record drawings shall be certified by registered land surveyor or engineer that all ponds, swales, emergency overflows, and Municipal Improvements have been constructed on public easements. C. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements and that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. Acceptance shall be by City Council motion or resolution. D. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said Municipal Improvements and the private street on the Subject Property. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety after providing Developer with 30 days written notice and pay any contractors who performed work on any Municipal Improvements or on the private street and whom Developer has failed to fully pay for the performance of said work, subject in all events to applicable retainage. In the event Developer contests such payments, Developer shall have the right to contest and resolve in good faith and with reasonable diligence the validity of any such lien or claimed lien pursuant to Minnesota Statute S 514.10, or, if Developer has not initiated an action within forty five days after the date of the City's written notice, the City may initiate an interpleader action in Wright County District Court naming the Developer and one or more contractors and pay the disputed sums into the Court for disposition by the Court 9 119 E. The City shall, at its option, have the City Engineer present on the Subject Property for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements and the private street. Developer agrees to pay for all costs incurred by the City during said inspections at the City Engineer's standard billing rates in effect at the time said inspections occur. 5. Construction of On- and Off-Site Improvements. A. Developer shall construct all on- and off-site improvements including installation of boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading and erosion control, drainage swales, berming, and like items as necessary, street cleanup during project developmellt and erosion control (collectively, "On- and Off-site Improvements'''), all as required by City ordinance (in effect on the date of this Agreement) and this Agreement. Said On- and Off-site improvements shall be installed no later than October 3 1, 2009, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of the Subject Property. B. Developer shall maintain erosion control measures in accordance with MPCA's Best Management Practices, including the placement of silt fencing in back of all curbs. Developer shall be allowed to substitute hay bales or a rock surface acceptable to the City Engineer for a 22- foot section of silt fencing in areas designated by the City Engineer for the purpose of allowing construction vehicles to pass from the street to the building being constructed. No construction vehicles shall pass from the street to the building being constructed except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing as sod is installed. Developer shall abide by the City Engineer's requirements for silt fencing of the lots and access to the lots during building construction. C. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under ground, within the street right of way or within the private street easements 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: 1. Electrical power supply, to be provided by Xcel Energy or other such carrier; 11. Natural gas supply, to be provided by Reliant Energy or other such carrier; 10 120 iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; D. In addition, the Developer shall, at its own expense, cause street signs to be of such type and to be installed at such locations as requin~d by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. E. Developer has submitted a grading plan for Subject Property attached as Exhibit H. Developer shall implement the grading plan in a manner that will minimize soil erosion. 6. Surety Requirements. ~ A. The Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this Agreement shall be performed. Said letter of credit or surety shall be in the amount of$93,521.00 representing the sum of 100% of the estimated cost of the Municipal Improvements and private street ($86,131.00), and 100% of the On and Off-site Improvements ($7,390.00). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank, and must be available in its entirety to fulfill the obligations ofthe Developer under this Agreement. The letter of credit to the City shall be automatically renewed prior to December 31, of each calendar year, by the Developer unless cancellation of the letter of credit is approved by the City. B. Upon default of Developer, notice to Developer as required by this Agreement, and Developer's failure to cure, the City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to On- and Off-site Improvements, Municipal Improvements described above, private street, erosion control, and other such measures), to pay liens on the Subject Property not subject to an active, good faith dispute by the Developer, to pay special assessments not timely paid by Developer, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of the Developer under this Agreement. Said letter of credit must be maintained by Developer at all times at the level provided in paragraph 6A above or a lesser amount authorized by the City Council pursuant to paragraph 7 below. 11 121 C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to payor reimburse the City in total as required herein, Developer agrees that upon being billed by the City, the Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, within 30 days after making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess any or all lots within the Subject Property for any and all costs incurred by the City in enforcing any of the terms of this Agreement should the Developer's letter of credit or surety prove insufficient or should the Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. E. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to the Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. F. In the event the Developer files bankruptcy or in the event a bankruptcy proceeding is filed against Developer by others and is not dismissed within 60 days, or in the event a court appoints a receiver for the Developer, the City may draw on its letter of credit or surety in its full amount to secure its surety position. Upon completion of all Developer's obligations under this Agreement which are secured by said surety and reimbursement of all expenses incurred by the City under this Agreement, the City shall then release the proceeds of said letter of credit or surety to the bankruptcy court or receiver in the same manner that it would be required to release the letter of credit under this Agreement. 7. Surety Release. 12 122 A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements, private street, On- and Off-site Improvements, and/or Landscaping Improvements and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of such improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. B. Developer may request of the City a reduction or release of any surety as follows: 1. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. 11. When all or a portion of the Municipal Improvements and private street have been installed, that portion of the letter of credit or surety attributable to the Municipal Improvements and private street may be reduced by the dollar amount of such Municipal Improvements and private street installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements and private street during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements and private street during the second year of the warranty period. iii. When all or a portion of the On- and Off-site Improvements have been installed, that portioJl of the letter of credit or surety attributable to the On- and Off-site Improvements may be reduced by the dollar amount of such On- and Off-site Improvements installed. iv. When all or a portion of the Landscaping Improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of such Landscaping Improvements installed, except the City shall retain the letter of credit or surety in the amount of 25% of the estimated Landscaping Improvement costs for two years from the time of the installation of said landscaping materials. v. When all or portions of the principal balance. of the special assessments set out in paragraph 3Aii is paid, that portion of the letter of credit or surety attributable to such special assessments may be reduced by the dollar amount of the principal balance so paid. 13 123 C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 8. Option to Purchase Land for Lift station. Developer hereby grants the City the option to purchase Outlot B for $15,435.00. Said option shall be valid for two years from the date of this Agreement, and may be exercised by delivering written notice of the City's intent to exercise the option to Developer at the address provided in this Agreement. The closing shall occur within 60 days of delivery of the notice of intent to exercise the option. At closing, Developer shall provide the City with marketable title to the property via a general warranty deed. Developer shall pay all prior years taxes and any deferred taxes that are recaptured under the state's green acres program or other such programs. Real estate taxes due in the year of closing shall be prorated to the date of closing. Outlot B shall be cleared of all personal property at the time of closing. Developer agrees not to disturb the soils on Outlot B during the term of this option unless the City first consents to such disturbance in writing. 9. Abandonment ofProiect - Costs and Expenses. In the event Developer should abandon the Development of the Subject Property, the City's reasonable 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 representations shall be paid by Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event Developer abandons the Development, 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 Subject Property, or fails to leave the Subject 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 the Subject Property to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from the Subject Property and to facilitate mowing ofthe Subject Property. In the event that said costs are not paid, the City may specially assess such costs against the Subject Property and/or take necessary legal action to recover such costs, including reasonable attorneys' fees. 10. 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, mapping, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Developer's PUD application, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, mapping and inspecting said 14 124 Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, then the City may specially assess such costs against the Subject Property. 11. 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 J. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 12. Drainae:e Requirements. Developer shall comply with all applicable requirements for drainage into any county ditch, railroad ditch or other ditch through which water from the 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 drainage requirements, all at Developer's sole expense. 13. Ditch Cleanine:. Developer shall comply with all requirements set forth for drainage into any county ditch, railroad ditch or other ditch through which water from the Development may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county, city and railroad requirements, all at Developer's expense. 14. Maintain Public Property Damae:ed or Cluttered Durine: 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 the Subject Property. Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place on the Subject Property. Developer agrees to clean the public streets providing access to the Subject Property on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on the Subject Property will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on the Subject Property will be repaired within 14 days if not deemed to be an emergency by the City. 15 125 If Developer fails to so clean the streets or repair or maintain said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If . Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the Subject Property and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to reasonable attorneys' fees incurred by the City as a result of such legal action. The Developer shall not be responsible for damage or clutter to public property to the extent such damage or clutter is caused by the City, its employee, its agents or its contractors. 15. Temporary Easement Ri2hts. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or, after notice and expiration of the cure period as set forth in this Agreement to accomplish any necessary work pursuant to this Agreement. Upon expiration of the warranty period and completion of all warranty work, such temporary easement shall terminate. 16. 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 Agreement 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 Agreement. C. Developer, its successors or assigns, shall strictly comply with all City weed control ordinances. D. Developer shall not stockpile excess or unsuitable earthen material on the Subject Property without prior approval from the City Council. E. Ifbuilding 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 16 126 improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. 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 Agreement shall not be a waiver or release. G. This Contract shall run with the land and shall be recorded against the title to the property. Upon completion of all of Developer's obligations under this Agreement, and upon the request of Developer, the City shall release Developer from paragraphs 2, 4,5,6, 7, 9, 12, 13, 15, 16A, 161, 16N, and 20 of this Agreement. The remainder of this Agreement shall remain binding upon the owners of the properties that make up the Subject Property. H. Developer represents to the City that the Subject Property and the proposed use on the Subject Property complies with all City, County, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. Developer agrees to obtain all required federal, state and local permits. If the City reasonably determines that the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until Developer so complies. Upon the City's demand in such event, the Developer shall cease work until there is compliance as determined by the City. I. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, the Developer shall provide the City with evidence of good and marketable title to the Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. 1. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. K. Developer shall obtain all required driveway, utility and other permits as required by the City Engineer, Wright County and/or the State of Minnesota. 17 127 L. Developer shall restore or replace, at its own expense, any public right-of-way, concrete curb and gutter, bituminous pavement, sidewalk or vegetative cover damaged by construction occurring on the Subject Property. Developer shall also replace at his own expense any damaged turfwith sod within the public right of way. M. Developer shall establish an REA which shall provide for the maintenance of the following items in perpetuity which are located within the Subject Property: all storm water ponds and infiltration basins, retaining walls, drainage swales, emergency overflows and storm sewer system. Such REA shall set out the proportionate share of such maintenance cost to be borne by each numbered lot on the Subject Property. Except as otherwise provided in this Agreement, upon the failure by the Developer or the owners of the Subject Property to properly maintain or repair the items outlined in this paragraph (as reasonably determined by the City) or should any portion ofthe Subject Property be forfeited to the State or other governmental entity for non-payment of taxes, 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 fix any deficiencies governed by this Agreement and bill the owners of the numbered lots on the Subject Property for said costs. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by the Developer and the owners of the Subject Property, the City may thence immediately and without notice or consent of the owners of the Subject Property complete its obligations under this Agreement, and specially assess the costs thereof against the Subject Property and/or bring legal action against the owners of the numbered lots on the Subject Property to collect any sums due to the City pursuant to this Agreement, plus all costs and reasonable attorney's fees incurred in enforcing this Agreement. Should the City assess the Subject Property for said maintenance and administrative costs, Developer, it's successor or assigns, agree not to contest or appeal such assessment. N. Prior to beginning construction work on the Subject Property, Developer shall provide the City with a general liability and property damage insurance policy naming the City and the City's consulting engineering firm as additional insureds in the minimum amount of$I,200,000. o. From time to time at Developer's request, the City shall provide an estoppel letter for use by Developer for refinancing or a proposed sale of all or a portion of the Subject Property. Such estoppel letter shall state whether the City Council is 18 128 aware of any existing violations of this Agreement, and may reserve the right in the City to identifY and enforce any violations the City Council is not aware of as of the date of said estoppel letter. Prior to issuing such estoppel letter, the City may require the requestor to pay all City costs incurred in issuing such letter. 17. Violation of A2:reement. A. Except as otherwise provided in this Agreement, upon any default by Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give the Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by the Developer, the City may thence immediately and without notice or consent of the Developer complete the Developer's obligations under this Agreement, and specially assess the costs thereof against the Subject Property, 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, draw on the Surety provided herein, or pursue any combination of the above remedies as well as any other remedy available to the City in law or equity. B. Notwithstanding the 3D-day notice period provided for in paragraph 17 A above, in the event that a default by the Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this Agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good- faith, reasonable efforts to notifY the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 17 A of this section shall not apply to any acts or rights of the City under paragraph 6E above, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as authorized by paragraph 6E. The City may elect to give notice to the Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. 19 129 D. Breach of any of the terms ofthis Contract by the Developer shall be grounds for denial of building permits. 18. Enforcement and Release. Although the obligations of Weller son and Niemeyer under this Agreement are joint and several, the City may not enforce any of the terms of this Agreement against Wellerson until the City has served notice of default upon Niemeyer and Niemeyer has failed to cure such default within the time period permitted by this Agreement. If, at any time, Niemeyer purchases the Subject Property from Wellerson, the City and Niemeyer agree to release Wellerson from the terms of this Agreement as it applies to Wellerson as Developer. In such event, the terms of this Agreement shall remain binding upon Wellerson, to the extent Wellerson retains an ownership interest in the property that is subject to the terms of this Agreement. 19. Dedications to the City. Developer, upon presentation to the City of evidence of good and marketable title to the Subject Property, shall make the following dedications to the City: A. Developer shall provide to the City "As-Builts" of all sewers, water mains, storm water retention ponds and trails contained within easement areas. Acceptance by City of any improvement contained within such easement area shall occur upon passage of a resolution to such effect by the City Council. B. The Developer is required to pay a cash contribution of$45,100.00 in satisfaction of the City's park and trail dedication requirements. This charge is calculated as follows: 5.5 acres x $8,200.00 per acre = $45,100.00. jDeveloper shall pay this amount prior to the release of the final plat by the City. C. If, at any time, the City requests that Developer dedicate Outlot A to the City, Developer must do so, subject to provision 3Aiii of this agreement. At the time such dedication to the City is made, Developer shall have marketable title in Outlot A and such dedication shall be made free and clear of all encumbrances except for the drainage and utility easement required by this Agreement. 20. Administrative Fee. A fee for City administration of this project shall be paid prior to the City executing the Plat and this Agreement. Said fee shall be 3.5% of the estimated construction costs of the Municipal Improvements and private street within the Plat. The parties acknowledge that the administrative fee related to the installation of sanitary sewer and municipal water has already been included in the cost estimate set out in paragraph 3.A.ii. above, and thus shall be excluded from 20 130 the administrative fee required to be paid in this paragraph. The administrative fee for this Plat to be paid pursuant to this paragraph is $1,505.00. Seventy-five percent of this fee shall be paid upon issuance of the final Plat with the remaining twenty-five percent of the fee to be paid upon substantial completion of the Municipal Improvements~ 21. Indemnitv. Developer shall hold the City and its officers and employees harmless from claims made by Developer or third parties for damages sustained or costs incurred resulting from the Subject Property. Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including reasonable attorney's fees, provided, however, that in the event the negligence of the City, its officers, or employees contributes to such damage, Developer's obligation to indemnify the City shall be reduced by the percentage of the City's negligence. In the event of any such claim is brought against the City which is in the nature of a tort action, the City shall seek to apply the tort limitations of Minn. Chapter 466 to such claim. Third parties shall have no recourse against the City under this Agreement. 22. Assif!nment of Af!reement. The obligations of Developer under this Agreement cannot be assigned without the express written consent of the City Council through Council resolution. 23. Limited Approval. Approval of this Agreement and Planned Unit Development which is the subject of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 24. Professional Fees. Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorneys' and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 25. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise . specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 26. Intee:ration Clause. Modification bv Written Af!reement Only. This Agreement represents the full and complete understanding of the parties and neither party is 21 131 relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing, approved by the Albertville City Council and signed by the duly authorized agents of both parties. 27. Notification Information. All notices or other communications required or desired to be given under this Agreement shall be in writing and shall be deemed given, effective and received upon the earlier of (a) the date of personal delivery; (b) 30 days after deposit in the United States mail, postage prepaid, certified or registered mail, return receipt requested, to the parties at the following addresses: If to City: City Clerk City of Albertville P.O. Box 9 Albertville, MN 55301 If to Niemeyer: Niemeyer Properties, LLC 7918 Troy Lane Maple Grove, MN 55311 If to Wellerson: Any notice not given to a notice party above shall not be binding on that"party. Any party may change its address for notices by following the procedure set forth above. 28. Ae:reement Effect. This Agreement shall be recorded against the Subject Property at the Wright County Recorder's Office, shall run with the land, and be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto, except as to those portions of this Agreement specifically released by the City pursuant to paragraph 16G of this Agreement. CITY OF ALBERTVILLE, , By Its Mayor 22 132 By Its Clerk NIEMEYER PROPERTIES, LLC By: Niemeyer Properties, LLC Its: WELLERSON, LLP By: Wellerson, LLP Its: STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2008, by as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public 23 133 STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2008, by , as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this , 2008, by , as Niemeyer Properties, LLC, on behalf of such limited liability company. day of of Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this , 2008, by , as Wellerson, LLP, on behalf of such limited partnership. day of of Notary Public 24 134 EXHIBIT LIST EXHIBIT A Legal Description EXHIBIT B Site Plan/Utility Plan EXHIBIT C Building Elevations and Floor Plans EXHIBIT D Landscape Plan EXHIBIT E Easement Areas EXHIBIT F City Improvements EXHIBIT G Utility Improvements in Outlot A EXHIBIT H Street to be constructed on Outlot A/Grading and Erosion Control Plan EXHIBIT I Outlot A Easement Dedication Document EXHIBIT J Storm Water Pollution Prevention Plan 26 135 DRAFTED BY: Couri, MacArthur & Ruppe, P .L.L.P. P.O. Box 369 705 Central Avenue East 81. Michael, MN 55376 (763) 497-1930 25 136 EXHIBIT A Lots 1,2, and 3, and Outlots A and B, Niemeyer Trailer Sales, according to the plat of record in the Wright County Recorder's Office, Wright County, Minnesota. 137 I; i ~! i ,....,.. e,..) ~, ....-... 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"",IIIJoQ1(t',. .0 _::':~ 'lVJ.LIl1>lIi:1S ~:) i \'.L(>>t'SKNlJ" '~J^.l,n::ffl'l,," S:il'IVS }J;iJ'lIv}{ ,T, H::![_~::![T\I;iJIN +" .AlIWII L m ~ .m ~~ ~ ~ ~~l ~ hI ~f ~ I Inn ! r!Qi .~ ' ~ ~ tl! Ig ~.I' ~:; i ' ~t I. tli ~or: ~l ~ ~ !~ a ~ i- !l!ll "< ~ I ~. y:~ ~~ i- '. - - "~h~ . ~ &u ~~ ~ ~ to .~. ~r H~, M ~ ~ U M !~ H!~ ~~~ g ~ ii h<~ !. i~i~ ~fi~ Xii ~ ~. ~h d. ~ h .i ~ ~~ ~t~ ~~ Ii & ~!i~ ~~ ~ U =h ~~ hh f~~ ~~ !~ n il~ IP~ ! .~~ ~.. ~~ ., . ~ !J ~~It J! t. H 'I~ ~ " zgj~ ~: ~s ill ~ I J.P.. ., ii~ r,. ~-~" ;i~ . ~~~ "; ,,~ ~- 6.~~ I" , ~~~ ~i ~3 d R~;~ d ~ ~ n ~ :It g~ <: .~. ~ o1t .~ ..,1 ~~ J~g .. ;; ~R I.';" ;;t ~ ~'". ~, I~":~ ~~ ~ ~~, r~~bt gl.~ a~ Ji~ ~ '.~ -. ! ,u~ i b_'-' .. ~ .' i i!1 n: II ~ IU;~ ~i ~~~d nid h . ~i~ tl~1 i!! .g ~ iii~! ~! l~n~; ~ h~~~ ~~ t ~~i I~~B ;,' tl ~ ih J' o~ GJh ' a~e~~ i~" ~~,,~ ;t; I,,' ."f ~ ~~~.; ~i la~i ~ :~~.j. ,~~ ~~ ~~~ t!. It s t. . ~~I.. ,~ ....I . 'h!B' II.. '. ~.. ~~ii ~~! l~! e ~r; H~ .~ lh~~ 4 ~I;~ii !iOj ~; .~! ;U~ Iii ~!~ i it; ~II; itl;li ~ ~~d'l iiI ~~ In i!li~ l~~! PI; h.h u B~ I!~~I! t. !hlij u~ 1~8i~~ ~~~ ~.t o. ,. " .tl~,~ ., "II li f"'5~l i~ .~. .... ~ f ,~ ~. ~ ~ ~!i ". . a 1I~~ ~... ~." ~~r ~di Iii - rl h ,ii {' Ie,. R r,.i~~a I~ '~~ I d. '311 U; f !~~ ~~ ~l! i~ Iii ~ ~ ~ 1';Ui ~il lid: i~i~ I~~~ ili I U~ I! ~I' ~U ii~ J ~ I lm~~ ~~: t~~~J ;f~i ~s9~ rl. ~ ~~i &8 Pi AV~ h~ " I I d'~.! Il~ I-h- ~S~. i~~~ f~i~ ~ ill ' ~, r~ .~i ili~ ~~ " ! ~ 'U;; ~ii B~~~~ ~!ld 1I ~ " . " t . I. . l I~~ r ~. f ". ,~Ut Jr,~ .M J~~ . f~. ~ k !I~ h~ hI ~J!U ~ ~ !trh~ M ...if Jah 147 EXHIBIT I PERMANENT ROAD EASEMENT THIS INDENTURE, made this _ day of , by and between the City of Albertville, Wright County, Minnesota, (Grantee). ("Grantor") and WITNESSETH: WHEREAS, Grantor is the owner in fee simple of the real estate hereinafter described. That for good and valuable consideration, the receipt of which is hereby acknowledged, Grantor has this day bargained and sold, and by these presents does bargain, sell and transfer unto the City of Albertville its successors and assigns the following: A perpetual easement for street purposes over all of Outlot A, Niemeyer Trailer Sales, according to the plat of record on file in the Wright County Recorder's Office, Wright County, Minnesota. Grantor does hereby covenant with the City of Albertville, that it is lawfully seized and possessed of the real estate above described. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. GRANTOR By: Its: 148 STATE OF MINNESOTA) ) S.s. COUNTY OF ) The foregoing instrument w().s acknowledged before me this day of , by Grantor. SIGNATURE OF NOTARY This instrument was drafted by: Couri, MacArthur & Ruppe, P .L.L.P. 705 Central Ave. East P.O. Box 369 St. Michael, MN 55376 149 H~.-\.;''il"t.::IlX J'lJ:L S:'nyS HM' U Vn~T. n~L\:tU'll:'UN It I i (11't' ~ tliI>f...nt (cW) U'J I&tl-m (~> ''Ill f 1'1 I tl~~~t! ~ f'lrn ~"f!Ir!u"""WI"'NiWII.1 I, I : :fJ.~~t.; i! VIlllO.A..M~ ON"'''..~ ""f ~~{.:.Ht.. ( 'ONl 'N17HOI:/-I:I3A3W It'l-l' j I H'I~:J'I'I' ~ ...._ _., I j 1I.lo 0 H !H' lCi_~:'I.W ';0, ,- o,ol,)l))s:.n..:;: "1 ~ Ii! !U~ Iii i~; f~~ It i{t !~!li ,~.t:p l.: -I ,~ ~ . ~. _ . 0 " I ~I I- ~ -!'_ ~I ~J ~ ~l - ~ - -, ,!t ~n m ~Hj V.L()H~"K.''\:JJV ':-t'l'lIM~Ir."nv S:ti'lV~ M:!I.'IIY"M.L M[j[X:!JJ\T:!JIN fd-n-d-A\-~) NY"Id ~ NOld~N~A~nld ~ }ly~i~,~~,1~~6~~ ~ 0 I ~ ~j~l;;' it~ =b ~ I~d ;J ~ti I~~ ~ .~.~ 1" r~! r e. e ^<~ ~i [s~ ~ ~ - 'l~". ~ ~'i - < ?J ,!~~~ i ~&t ~ 3 i-l 1~~! ~j~! ~~~y. ! ~! e .. .t..i!i~ ~~~t' g..:5l.. a:u . E' ~!lt f:i'{ ,-" ~ 'F,H i ~if~' ,...! g " ;" I h ~- , , ~ ~~~ ~~ " I ~ I ~ I; I j .\. I. I r ", - 'fh Iii i j1 il~ f.!! 1ul. 'j ~~lll df I Ii!; ~'! I II fa' !I' m ~R' .d, '.- 'I!. 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