The URL can be used to link to this page

2008-09-02 CC Packet4.J��i A,1bf.rtvflj1E City of Albertville Council Agenda s� T� We es� uM. g TUESDAY, SEPTEMBER 2, 2008 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 of the 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. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS 4. CITIZENS OPEN FORUM — (time reserved 5 minutes) 5. AMENDMENTS TO AGENDA 6. MINUTES A. August 18, 2008 regular City Council minutes (pgs. 1-12) 7. 0 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 8.11.1. Public Works — Replacement of Skid Steer Loader (pgs. 13-14) 0 8.E.1 Finance — Semi-monthly Payment of Claims (bills) (pgs. 17-24) 8.E.2. Finance — Approve Resolution No. 2008-043 — Certifying Delinquent Bills/Invoices (pgs. 25-31) 8.E.3. Finance — Set Date for Truth -in -Taxation Hearing (no pages) 0 8.E.4. Finance - Approval Resolution No. 2008-046 entitled a Resolution Adopting the 2008 Tax Levy Collectible in 2009 (pgs. 33-37) 0 8.E.5. Finance - Approval Resolution No. 2008-047 entitled a Resolution Adopting the 2009 Preliminary Budget (pgs. 33-35 + 39-41) N 8.E.6. Finance - Approval Resolution No. 2008-048 entitled a Resolution Accepting the Capital Improvement Plan (CIP) (pgs.33-35 + 43) M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 1-A Agenda.doc Meeting Date: September 2, 2008 City of Albertville Council Agenda September 2, 2008 Page 2 of 0 8.11.1. Planning- Approval Ordinance No. 2008-007 related to signage (pgs. 49-65) 8.H.2. Planning - Approve Ordinance No. 2008-008 related to Parkside Commercial (pgs. 67-81, plus exhibits) 8.I.1. Engineering — Approve Grading Permit for Niemeyer Trailer Sales (pgs. 115-123) 8.I.2. Engineering — Approve Plans and Specs for Franklin Property (pgs.125-129) 8.11. Legal — Approve Assessment of Outstanding Utility Bill (pgs. 135-138) 8.K.1. Administration — Approve Resolution No. 2008-044 relating to 1-94 Corridor (pgs. 197-200) 8. DEPARTMENT BUSINESS A. Fire Department B. Public Works Department 1). 0 Approve Replacement of Skid Steer Loader through Bobcat Buy Back Program (pgs. 13-14) 2). Accept the Public Works Supervisors Report dated August 25, 2008 (pg. 15) C. Utilities Department (WWTP) D. Building Department E. Finance Department 1). 0 Approve the Tuesday, September 2, 2008 Payment of Claims (bills) for check -numbers 026066 to 026113 (pgs. 17-24) 2). 0 Approval Resolution No. 2008-043 entitled a Resolution Certifying Uncollected Utility Bills and Delinquent Invoices to Wright County for Collection with Real Estate Taxes (pgs. 25-31) 3). 0 Set Monday, December 1, 2008 for the 2008 Truth -in -Taxation Hearing beginning at 6:30 p.m.; and Monday, December 15, 2008 beginning at 6:30 p.m. to continue the Truth -in -Taxation Hearing if necessary (no pages) 4). 0 Approval Resolution'No. 2008-046 entitled a Resolution Adopting the 2008 Tax Levy Collectible in 2009 (pgs. pgs. 33-37) 5). 0 Approval Resolution No. 2008-047 entitled a Resolution Adopting the 2009 Preliminary Budget (pgs. 33-35 + 39-41) 6). 0 Approval Resolution No. 2008-048 entitled a Resolution Accepting the Capital Improvement Plan (CIP) (pgs. 33-35 + 43) 7). Declare the City Council intent to provide property owners in the newly created CSAH 37 West Utility District the opportunity assess their connection charge over a ten year period at an interest rate of 6.2% provided they submit a signed Assessment Agreement waiving their rights to appeal and waiving any irregularities by December 1, 2008 (pgs. 45-47) M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 1-A Agenda.doc Meeting Date: September 2, 2008 City of Albertville Council Agenda September 2, 2008 Page 3 of F. City Clerk G. City Council H. Planning and Zoning 1). 0 Approval Ordinance No. 2008-007 entitled an Ordinance Amending Title 10, Chapter 7, Section 8 of the Albertville Municipal City Code Relating to Wall Signs Accessory to Single Occupancy Commercial or Community Store Uses; Single Occupancy Industrial Uses; Multiple Occupancy, Commercial and Industrial Uses, Including Shopping Centers (pgs. 49-65) 2). 0 Approve Ordinance No. 2008-008 amending the Official Zoning Map of the City of Albertville, Relating to the Property at Parkside Commercial Center, Located West of CSAH 19 and North of 57th Street NE (pgs. 67-81) 3). Approve Ordinance No. 2008-009, entitled an Ordinance amending the official Zoning Map of the City of Albertville, relating to the property at 10172 65th Street NE, located south of Burlington Northern Railroad Right -of -Way, north of 651h Street NE, and east of Kadler Avenue NE; and approve Resolution No. 2008-045, entitled a Resolution Approving a Preliminary Plat known as NIEMEYER TRAILER SALES, and a Conditional Use Permit (CUP) to allow Trailer Sales and a Conditional Use Permit (CUP) to allow Outdoor Storage at the location of 10172 — 65t' Street NE, located south of Burlington Northern Railroad Right-of-way, north of 65th Street NE, and east of Kadler Avenue NE (pgs. 83-114, plus exhibits) I. Engineering 1). 0 Approve a Grading Permit for the proposed Niemeyer Trailer Sales plat conditioned upon Council approval of the preliminary plat, execution of the "Grading Contract", its conditions and the conditions stated in the Tuesday, August 26, 2008 Engineering memorandum (pgs. 115-123) 2). 0 Approve Plans and Specifications for Franklin Property located at 5720 Barthel Industrial Drive NE for Extension of Sewer (pgs. 125-129) 3). Accept the Assistant City Engineer's Progress Report dated August xx, 2008 (pgs. 131-133) J. Legal 1). 0 Approve Agreement Regarding Payment of Special Assessments on Lot 5, Block 1, which is now owned by Scherer Bros. Lumber Company (Towne Lakes Outstanding Utility Bill) (pgs.135-138) 2). Approve Dominium Townhomes Developer's Agreement and approve Resolution No. 2008-049 entitled a Resolution Vacating Drainage and Utility Easements (pgs. 139-186, plus exhibits) 3). Approve Settlement Agreement to Remedy Default Occurring Under the Terms of Developer's Agreement (S.J. Louis Construction, Inc.) (pgs.187-191) 4). Accept the City Attorney's Report dated August 26, 2008 (pgs. 193-195) K. Administration M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 1-A Agenda.doc Meeting Date: September 2, 2008 City of Albertville Council Agenda September 2, 2008 Page 4 of q 1). 0 Approve Resolution No. 2008-044 entitled I-94 West Chamber of Commerce a Resolution Supporting I-94 Corridor Expansion (pgs. 197-200) 9. CITIZENS OPEN FORUM - (continued if necessary) 10. ANNOUNCEMENTS and or UPCOMING MEETINGS September 2008 8 6:00 p.m. STMA Ice Arena Board meeting (Albertville upper level) 9 7:00 a.m. Primary Election — Poles Open 9 5:00 p.m. Filing for Candidacy Closes 9 8:00 p.m. Primary Election — Poles Close 10 7:00 p.m. Planning and Zoning Commission meeting 15 7:00 p.m. City Council meeting 22 6:00 p.m. Joint Powers Water Board meeting 29 6:00 p.m. A. City of Albertville; City of St. Michael and STMA School Board meeting (School Board Room) October 2008 6 7:00 p.m. City Council meeting 13 all day Columbus Day observed — City Offices closed 13 6:00 p.m. STMA Ice Arena Board meeting 14 7:00 p.m. Planning and Zoning Commission meeting 20 7:00 p.m. City Council meeting 27 6:00 p.m. Joint Powers Water Board meeting 27 7:00 p.m. Committee of the Whole Workshop (tentative) November 2008 2 2:00 a.m. Daylight Savings ends (set clocks back) 4 7:00 a.m. General Elections — Poles Open 4 8:00 p.m. General Elections — Poles Close 5 7:00 p.m. City Council meeting 6 6:00 p.m. Canvas Board (Canvas Election Results) 10 6:00 p.m. STMA Ice Arena Board meeting 11 all day Veterans' Day observed — City Offices closed 12 7:00 p.m. Planning and Zoning Commission meeting 17 7:00 p.m. City Council meeting 24 6:00 p.m. Joint Powers Water Board meeting 24 7:00 p.m. Committee of the Whole Workshop (tentative) 27 all day Thanksgiving Day observed — City Offices closed 28 all day Thanksgiving Holiday observed — City Offices closed 11. ADJOURNMENT M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 1-A Agenda.doc Meeting Date: September 2, 2008 AFFIDAVIT OF POSTING STATE OF MINNESOTA SS. COUNTY OF WRIGHT Bridget Miller, being first duly sworn, says that on the 28 h day August 2008 Bridget posted the documents as shown on the reverse side a true copy of each thereof at 4:15 p.m. at the Albertville City Offices in the window, at the City of Albertville located at 5959 Main Avenue NE, County of Wright, State of Minnesota. Subscribed and sworn to before me this c)f day of -tic 12008. r) , s+ ilNA LOUISE LANNES NCT:vvY F'JFtt!C•h11P:NE�TA y Comm. ExA, Jasti, 31, 20WO W-Public Data\City Council\Council Agendas\Affidavit of Agenda Posting format.doc A,Ibc&vlc Mayor and Council Communication �T Whm..D4Q August 25, 2008 SUBJECT: CITY COUNCIL MINUTES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider approving the City Council minutes that have been prepared and submitted by the City Clerk and the City Administrator with the following motions: Motion to approve the August 18, 2008 regular City Council minutes as presented, and on file in the office of the City Clerk. BACKGROUND: Space is reserved on the agenda to accommodate the Mayor and Council, should it be their desire to amend the minutes. KEY ISSUES: It is the City's policy to review and approve City Council minutes that have been taken, prepared and submitted by the City Clerk. POLICY CONSIDERATIONS: It is at the discretion of the Mayor and Council whether the City Council minutes that have been prepared and submitted should be amended. However, the contents of the minutes via the amendment process typically require Mayor and Council consideration thereof at the appropriate time during the meeting, in which such amendments that are made requires a motion and affirmative vote of the majority of the members present. FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to approval of the City Council minutes. LEGAL ISSUES: In accordance with Council procedures, the Mayor and Council possess the authority to amend the minutes. Respectfully submitted, Larry R. Kruse City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: August 18, 2008 regular Council minutes M:\Public Data\Requests for Council Actions (RCA)\2008109 02.2008 6 City Council minutes.doc Agenda Item No. 6. Meeting Date September 2, 2008 A�Ibcrtvillc TOU#n UvkW 09 Obi UhL ALBERTVILLE CITY COUNCIL AUGUST 18, 2008 MINUTES ALBERTVILLE CITY HALL 7:00 PM ALLEGIANCE — Mayor Klecker called the Albertville City Council meting to odder at 7:00 p.m: folded by the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Ron Klecker, Council members Dart Wagner, Torn Fay, LeRoy Berning and John Vetsch, City Attorney Mike Couri, Assistant City Engi eex Adam Nafstad, City Planner Al Brixius, City Administrator Larry Kruse, and City Clerk Bridged Miller ABSENT: none NS — no comments Mayor Klecker'ked if there4as anyone in the audience that wanted to discuss an item with the Council that was :fit already * the agenda. Mark Barthel of 1143 8" Street NE had a concern with Central -City Park. He brought to the Council's attention tha'on Wednesday, August 13, there was a considerable amount of noise, which he called 9-1-1 at 11:45 p.m. On Thursday, August 14, there was another incident at Central -City Park, which the Wright County Sheriff was present. On Friday, August 15, again there were people hitting balls towards the cars in the parking lot until they broke a windshield. Mr. Barthel went on to report there have been a number of occasions when he went over park to shut-off ball field lights. City Administrator Kruse stated that staff has contacted Ms. Greninger regarding the ball field lights, which she said the lights are supposed to be turned off every evening there is a game. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 08-18-08 B-drafts.doc Agenda Item No. 6. Meeting Date August 18, 2008 2 City of Albertville City Council Minutes August 18, 2008 Page 2 of 11 Staff informed the Council that certain members have the combination to the paddle lock that accesses the switch to the ball field lights; however, the ball field box could use updating. Staff has received a copy of the police report that involved the broken windshield. Staff suggests installing a timer for the lights, which they have received a quote. Kruse reported that PW employees have noticed an increase in the amount of garbage left behind since the beginning of the summer. Council directed staff to try without the timer for the remainder of the summer season of ball games. Beginning in 2009, Council will consider the installation of a timef with a secure lock so others are not allowed to over -ride the, timer by simply turning on thlights. Lynda Hughes of 11473 — 58th Street NE informed the Council that the ligh-ts at the Lions Pavilion were left on recently by some kids there were skateboarding. Ms. 1%g12es went on explaining to the Council the main reason she was hein regards to Full Moon saloon Bar and Grill. Ms. Hughes reported that the noise from Full xi has continued to get w6is6'and worse. Not only is the noise a problem. She also stated she has problems accessing her property as the beer trucks block her driveway or customers park across th�,crlveway. Ms. Hughes brought to the Council's attentiof such as Friendly City,,, Days. Every year it gets worse and worse. She or other family members have: a hard time aewssing her property. Full Moon continues to play their music after the ,ark closes I- er son had a hard time getting home as he was not allowed through Ms. Hughes contacted the poliic'dept. numerous times when Full Moon has a band. Btit'nolt., � g ever seemsto'be done about it. Council directed staff'ti notify Fu11 Moon Saloon Bar and Grill that a number of complaints have been filed against their esfi' shm"' Mayor K1$ ker asked if them ere anf amendments to the agenda. Upon hearing no amendments to the agenda, lleeker asked for a motion to approve the agenda as presented. MOTION BY Council meg5br Berning, seconded by Council member Vetsch to approve the Monday, August 18, 14.: regular Albertville City Council agenda as presented. Motion carried unanimously, MINUTES August 4, 2008 regular City Council minutes M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 08-18-08 B-drafts.doc Agenda Item No. 6. Meeting Date August 18, 2008 3 City of Albertville City Council Minutes August 18, 2008 Page 3 of 11 Mayor Klecker asked the Council if there were any changes needed to be made to the Monday, regular City Council minutes. Upon hearing no comments from the Council, Mayor Klecker then asked for a motion to approve the August 4, 2008 regular City Council minutes as presented. MOTION BY Council member Fay, seconded by Council member Wagner to approve the Monday, August 4, 2008 regular City Council minutes as presented, wWph a signed copy will be scanned and an electronic copy will be kept on file in the office of the City`Clerk. Mayor Klecker, Council members Berning, Fay, and Wagner voted aye Council member Vetsch abstained. Motion carried. CONSENT AGENDA CONSENT AGENDA All items with an asterisk O are considered to be routine -r nature by the City Staff and will be enacted by one motion. There will be no separate discuss, on 'vf these items unless a Council member or citizen so requests. In such event, the item will be re ,.9yed from the General Order of Business and considered in its normal se�n the agenda Mayor Klecker asked the Council members if there were` y4taems they wanted pulled from the August 4, 2008 Consent Agenda ,Upon hearing n comments from the Council, Mayor Klecker asked for a motion to approve the August 4, 200$; Consent Agenda as presented. MOTION BY Council me'mA*r Bernina, €qqonded'by Council member Vetsch to approve the Monday, Ault 8 2008 CoilSet Agenda png items 8.K.1, 8.K.2., and 8.K.3., which the items will 'be removed from the orOb al Order of Business and considered in its normal sequence on the #*da and will regili e a se p Ie. otion. Motion carried unanimously. FIRE DEP. PUBLIC WORKS DEPARTMENT — no comments UTILITIES DEPARTMENT (WWTP) — no comments M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 08-18-08 B-drafts.doc Agenda Item No. 6. Meeting Date August 18, 2008 51 City of Albertville City Council Minutes August 18, 2008 Page 4 of 11 BUILDING DEPARTMENT Accept the Building Official's Report dated August 7, 2008 Mayor Klecker noted that the Building Official was not present, but asked the Council members if they had any questions or concerns regarding the Building Official's Report. Hearing no comments from the Council members, they proceeded to accept the Building Official's Report dated August 7, 2008 as presented in the Monday, August 18, 2008 City Council packet. FINANCE DEPARTMENT Approve the Monday, August 18, 2008 Payment of to 026061 MOTION BY Council member Berning, seconded by Counc Monday, August 18, 2008 Semi-monthly Payment of Claims ,� 026061 as presented except the bills specifically pulled, which from the Consent Agenda and a separate ;motion from the Cor supporting documents will be scanned and*.' electronically Director. Motion carried unanimously. CITY CLERK ls) for chi' pumbers 026005 ber Vetsch au sizing the 'br check numbers 026005 to will require a separate discussion ent, Agenda. The checks and in the office of the Finance Approve. One -Day 1�2 % Malt Liquor License Application from the Albertville Lions for a Benefit to be held at the St, lbert l' rtsh Center wi n the Albertville city limits on Saturday, September 6 ,3�0 m rWO0mad ht MOTION, BY Council member Bering, "seconded by Council member Vetsch to approve One - Day talt Liquor Lice) Application from the Albertville Lions for a Benefit to be held at the St. Albert 1Parish Center vt in the Albertville city limits on Saturday, September 6 from 3:00 p.m. to 12:00 >ght as preented except the items specifically pulled, which will require a separate discussionm theonsent Agenda and a separate motion from the Consent Agenda, which a signed copy � 1 b+e'scanned and kept electronically on file in the office of the City Clerk. Motion carriedarlimously. Approve One -Day 3.2 % Malt Liquor License Application from the Albertville Lions for the annual Pork Chop Dinner event to be held at the St. Albert Parish Center within the Albertville city limits on Saturday, September 13 from 3:00 p.m. to 10:00 p.m. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 08-18-08 B-drafts.doc Agenda Item No. 6. Meeting Date August 18, 2008 5 City of Albertville City Council Minutes August 18, 2008 Page 5 of 11 MOTION BY Council member Berning, seconded by Council member Vetsch to approve One - Day 3.2 % Malt Liquor License Application from the Albertville Lions for the annual Pork Chop Dinner event to be held at the St. Albert Parish Center within the Albertville city limits on Saturday, September 13 from 3:00 p.m. to 10:00 p.m. as presented except the items specifically pulled, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda, which a signed copy will be scanned and kept electronically on file in the office of the City Clerk. Motion carried unanimously. Approve a One -Day Temporary Intoxicating Liquor License A.plcation from the Albertville Lions for the Albertville Fire Department Annual Retirement Dihnef t&be held at the Albertville Fire Hall on Saturday, September 20, 2008 from 3:00 p.m. to b:00 mid night MOTION BY Council member Berning, seconded by Coul One -Day Temporary Intoxicating Liquor License Appcatil Albertville Fire Department Annual Retirement Dinner to Saturday, September 20, 2008 from 3:00 p.m. to 12:00 mid. specifically pulled, which will require a', separate discussion separate motion from the Consent Agenda which a signed c electronically on file in the office of the City Cleft ..Motior CITY COUNCIL — no PLANNING AND ZONING Accept the Cit' Plannerr's Monte Report dA'&c August 11, 2008 fiber Vetsch tb approve a the Albertville ions for the the Albertville Fire Hall on as presented except the items the Consent Agenda and a be scanned and kept inanimously. MayorNg j.,rcker asked the Council me rrs if they had any questions or concerns for the City Planner reg�r_di mg the August 11, 200$ Planner's Report. Upon hearing no comments from the Council, thdy;p ceeded to adept the City Planner's Monthly Report dated August 11, 2008 as presented in theonday, August 18, 2008 City Council packet. ENGINEERING A`Approve to Release in full the State Bank of Long Lake Letter of Credit No. 226 conditioned upon all outstanding balances owed to the City are paid in full MOTION BY Council member Berning, seconded by Council member Vetsch to approve to Release in full the State Bank of Long Lake Letter of Credit No. 226 conditioned upon all M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 08-18-08 B-drafts.doe Agenda Item No. 6. Meeting Date August 18, 2008 City of Albertville City Council Minutes August 18, 2008 Page 6 of 11 outstanding balances owed to the City are paid in full as presented except the items specifically pulled, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda, which a signed copy will be scanned and kept electronically on file in the office of the City Clerk. Motion carried unanimously. Approve to Release in full the 7' Square Properties, LLC Letter of Credit No. NZS562465 conditioned upon all outstanding balances owed to the City are paid in full MOTION BY Council member Berning, seconded by Council member Vetsch to approve to Release in full the T-Square Properties, LLC Letter of Credit No'. NZ$5b2465 conditioned upon all outstanding balances owed to the City are paid in full as presented exKgept the items specifically pulled, which will require a separate discussion.frorn the ConsentAgenda and a separate motion from the Consent Agenda, which a signed copy will be scanni&And kept electronically on file in the office of the City Clerk 1Vlotion carried unanimously Accept the Assistant City Engineer's Progress Report Assistant City Engineer Nafstad reviewer on with the Parks and Recreation Commi to better identify costs and to tailor the G City Park Parking Lot Im presented to Council at th the parking lot are being that would be adequate parking lot section that et Although Option No . 2 w surfacing and will rlgt' Na Dennis Fehr; Omann Bros:. ?ark Improvement§;which staff has been working Staff;has requested quotes from local Contractors -City Pik Prefect scope. Quotes for the Central - were due to the pity on august 14th, which would be 18tb meeting; "Staff repofted that two surfacing options for he 1st option=consists of a more substantial parking section ominous surfacing: The 2nd option proposes a reduced ss aggregate material and requires less excavation. it l t4iely not be adequate for future bituminous Option 1 and Option 2 are as follows: Option 1 Option 2 $61,422.90 $39,594.40 $97.808.00 $54,000.00 (after adjustments) Nafstad went on to rep( that the $39,594.40 would be the costs associated with salvaging as much of the rock and other material that would be cleaned as best can be with minimal effort as it would be re -used in the park improvement. Nafstad reminded the Council that Option 2 will require more routine maintenance and not adequate for future bituminous surfacing. Council questioned where funds were available in the budget for the Park Improvement. Council member Berning brought up the fact that he had contacted the Knights of Columbus who would donate towards the improvement, which the Albertville Lions said they would match the M:\i'ublic Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 08-18-08 B-drafts.doc Agenda Item No. 6. Meeting Date August 18, 2008 7 City of Albertville City Council Minutes August 18, 2008 Page 7 of 11 donation. The draw back to the Albertville Lions donation is the City would not receive the donation until 2009. Council had a concern with the type of material being used. If the City changes the surface from gravel to asphalt, how would that affect the drainage? The water slowly drains through the gravel, whereas with asphalt it would not be able to drain through. Where would the water drain or run-off to. Staff recommended that they would do research that would include the'costs and where funds are available in the City's Budget to implement the Park Improvement --Staff states that Central -City Park has been here for a many years and feels the park will con, tlinud to exist for many more years. Staff noted that if the improvement is achievable, it wo41d be bto invest in the project. Staff reported that as for the drainage concern and what type of material to use there is:a slight difference between using asphalt or gravel. During the 7researcl staff has identifiedahat the water is supposed to run north. Council was in favor of the Central -City 'ark Parking Lot Improovement and directed staff to report back at a future date with updated proposals. After hearing Assistant City Engineer Nafstad's additional information regarding Central -City Park, the Council accepted the Assistant City Engineer's Progress Report dated Friday, August 8, 2008 as presented in the August 18, 2008 City Cpuncil packo " and on the Addition plat MOTION BY Cb�1l mernlber Beming, seconded by Council member Vetsch to approve request that the Join powers Water Board convey a water line easement in Westwind Third Addition to the City _*"id set a public hearing for 7:00 Pm. on Tuesday, September 2, 2008 to consider vacating a portion of this easement and a portion of the drainage and utility easement on the Westwind Third Addition plat as presented except the items specifically pulled, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda, which a signed copy will be scanned and kept electronically on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 08-18-08 B-drafts.doc Agenda Item No. 6. Meeting Date August 18, 2008 City of Albertville City Council Minutes August 18, 2008 Page 8 of 11 Albertville City -Wide Garbage Service (discussion and update) City Attorney Couri began by stating a tentative date was set to hear from the Waste Haulers regarding their concern with a City -Wide Garbage Service. Since the August 18 City Council meeting, where staff received the approval to notify the Waste Haulers about the potential of a City -Wide Garbage Service, staff received language of a law that applies to going to a City -Wide Garbage Collection Service. City Attorney very briefly went over the State Statute and the necessary steps that are required to take in order to accomplish a City Wide Garbage Service. One of the steps includes holding a public hearing, which would T!wh at1he City's intentions ,are regarding garbage collection. It was the consensus of the Albertville City Council to until further notice (no date has been set at this time). City Attorney Couri went on to report that there have attempted to go with City -Wide Garbage Collection S Statutes lays out the process and or steps to pass an or( hauler for collection throughout the City. Couri stated on how they want to proceed. Council directed staff to retract any previous, i There was an additional concern of the Counc on the roads and what resOurc , e.5,4tv, needed to In summary, it MOTION wanted to the Garbage Service court cases andwhere;City's Puri reiterated thafit e State meet the goal of a single -waste is looking for Council direction is this really going to save ish for now. Council member Wagner to drop the consideratinu f A bertville ftft_Wide Garbage Service and any further notices at which time the CrtXceived more iunents frxn vendors. Motion carried unanimously. Approve purchase d instalation of a one -ton air conditioning unit from Weidner's Mechanical Contractors to be mtden the City Hall computer room at a cost of $2, 780 Council informed staff they had no problem with the installation of an A/C unit in the computer/server room at City Hall. Council directed staff to obtain additional quotes from local vendors for consideration. Council reiterated the fact they want to do their best to support the local businesses. Mayor Klecker tabled the request to purchase and installation of a one -ton air conditioning unit from Weidner's Mechanical Contractors to be installed in the City Hall computer room at a cost M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 08-18-08 B-drafts.doc Agenda Item No. 6. Meeting Date August 18, 2008 City of Albertville City Council Minutes August 18, 2008 Page 9 of 11 of $2,780 until the Tuesday, September 2, 2008 regular City Council meeting, which would allow staff time to obtain additional quotes from local vendor. Approve continuing with work hours at four (4) 10-hour days until at such time the City Council deems it appropriate to modify. Staff is to closely monitor customer service, employee safety and other factors and report back to Council regularly to determine any need to modify or change hours Council had a concern with the future of the four (4) 10-hour upcoming snowplow season and or winter. How will the fou. time should there be a snow storm on Fridays? Is it really co going to be paying over -time should there be a need to plow;3 Council directed staff to report back what the projected cost with the four (4) 10-hour days. MOTION BY Council member Beming, seconded by Councj continuing with work hours at four (4) 10,-hour days until Day 2008). Staff is to closely monitor customer sere, employee back to Council regularly to determine any oeedA,, modify or the items specifically pulled, which will require a sepat +disc and a separate motion from the Consent Agenda, which a sib electronically on file in the ofice of the City Clerk. Motion;c had to deal with the days effect the over - we are potentially there would 6r:could be member Fay to approve ght Savings Time (November 2, a and other factors and report iange.lours as presented except issiQn from the Consent Agenda fcopy will be scanned and kept Tied unanimously. Approve leasing marquee` `4 spade to both Inspiration Fitness and LivMusic for $50 per month paid on a bi-monthly, sublamendment into their building lease Council I1ada concern, t the amm tznt the current Sign Leasees' are paying in comparison to the t propos. Inspiration Fi ies ,and LivM tsic. If the current Sign Leasees' are paying more then Council hold like to re evte those✓"agreements to be comparable in fees. MOTION BY e3Micil membo Fay, seconded by Council member Berning to approve leasing marquee sign spa both lthspiration Fitness and LivMusic for $50 per month paid on a bi- monthly, subject to iiat this amendment into their building lease as presented except the items specifically pled, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda, which a signed copy will be scanned and kept electronically on file in the office of the City Clerk. Motion carried unanimously. Council member Fay withdrew the Motion for approval of leasing marquee sign space to both Inspiration Fitness and LivMusic for $50 per month paid on a bi-monthly, subject to incorporating this amendment into their building lease. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 08-18-08 B-drafts.doc Agenda Item No. 6. Meeting Date August 18, 2008 10 City of Albertville City Council Minutes August 18, 2008 Page 10 of 11 MOTION BY Council member Berning, seconded by Council member Fay directing staff to contact the current leasees (Albertville Body Shop and Kay Marie's Dance Studio) informing them of the rate of $60 per month paid on a bi-monthly basis, and discussing the rate with both Inspiration Fitness and LivMusic, which would be subject to incorporating this amendment into their building lease. Motion carried unanimously. Accept the City Administrator's Written Report City Administrator Kruse proceeded to give a brief update, w Run Litigation that appeared to be looking good for Albertvil After hearing the brief update from City Administ Administrator's Report dated Wednesday, August City Council packet. CITIZENS OPEN FORUM Mayor Klecker brought up the presence of Vv members asked and encouraged the Wright Co when a law enforcement officer is in the area t Council recommended shin'' te.message wii officer stop by the park(s), step out .of the vehic the park. By doing thtsranple task, Council is City is monitoring the parks IthWthe City. MMY17 as ,touched on the Prairie ccep*, the. City in the August:l>8. 2008 County Deputy in the audience. Council epxesentative to pass the message on that isionallystot'by and visit the local parks. er officers"'that serve Albertville to have the stretch and visit with the individuals within lg this would send out a message that the Mayor KlWwr asked the Cb cil to review the upcoming meetings and calendar of events. Klecker notes that the upconft August 25, 2008 Budget Workshop has been cancelled. August 2008 25 6 0 Joint Powers Water Board meeting 25 7.0(* m. 2008 Budget Workshop (tentative) 26 8:06 a.m. Filing for Candidacy Opens September 2008 1 all day Labor Day observed — City Offices closed 2 6:00 p.m. Committee of the Whole workshop (RFS City-wide Garbage) 2 7:00 p.m. City Council meeting 8 6:00 p.m. STMA Ice Arena Board meeting (Albertville upper level) M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 08-18-08 B-drafts.doc Agenda Item No. 6. Meeting Date August 18, 2008 �1 City of Albertville City Council Minutes August 18, 2008 Page 11 of 11 9 7:00 a.m. 9 5:00 p.m. 9 8:00 p.m. 10 7:00 p.m. 15 7:00 p.m. 22 6:00 p.m. 29 6:00 p.m. October 2008 6 7:00 p.m. 13 all day 13 6:00 p.m. 14 7:00 p.m. 20 7:00 p.m. 27 6:00 p.m. 27 7:00 p.m. November 2008 2 2:00 a.m. 4 7:00 a.m. 4 8:00 p.m. 5 7:00 p.m. 6 6:00 p m 10 6 00,6ym. 1.1 all d„ 12 7:00 p m 17 7:00 P.M. 24 7 00 27 all day, 28 all day MOTION BY C August 18, 2008 Primary Election — Poles Open Filing for Candidacy Closes Primary Election — Poles Close Planning and Zoning Commission meeting (Wednesday) City Council meeting Joint Powers Water Board meeting Jt. City of Albertville; City of St. Michael and STMA School Board meeting (School Beard Roorn') City Council meeting Columbus Bay observed C, Off STMA Ice Arena Board tmleetng Planning and Zoning f6mm ssion i City Council meet>Eng Joint Powers Wrd meeting Committee of the Whol Wo>l�kshu Daylight'5 � 1 General Electi General Electi City Council`ta Canvas Board ST1YlA Ice Arf Oans' Bay Plal nine and ends (set clod I --,Poles Open (tentative) lvas Election Results) oard meeting rved — Cite Offices closed 4 Commission meeting ;Njpt Povver'ter Board meeting Coittee of the Whole Workshop (tentative) Tha ` ding Bay observed — Cite Offices closed Thanlo-t'wing Holiday observed — City Offices closed )er Wagner, seconded by Council member Berning to adjourn the Council meeting at 8:45 p.m. Motion carried unanimously. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 08-18-08 B-drafts.doe Agenda Item No. 6. Meeting Date August 18, 2008 12 Nibertville Mayor and Council Communication 5MMT�ftakuwo. August 25, 2008 SUBJECT: 0 PUBLIC WORKS DEPARTMENT — REPLACEMENT OF SKID STEER LOADER THROUGH BOBCAT BUY BACK PROGRAM RECOMMENDATION: Motion approve purchase and participation in Lano Equipment, Inc. Melroe Bobcat buyback program paying $2,500 plus 6.5% tax to update the City's machine. BACKGROUND: In November 2006, the City of Albertville purchased a new Bobcat to replace a nine years old machine. Then the following year (November 2007) the City took advantage of a buy back program and purchased a new Bobcat for $2,500 plus sales tax. Again this year it is staff s recommendation to again participate in the buy back program at a cost of $2500 plus tax. In 2006 Public Works Supervisor Guimont evaluate the annual maintenance cost and determined a $2,336 a year for deprecation and maintenance of the Bobcat over its nine years life not including labor. When factoring the risk of a major repair to an older machine, it strongly indicates that keeping a new machine is cost effective for the City. KEY ISSUES: • The Bobcat is a critical piece of equipment used almost daily. • Under the buy back program, the new machine is always under warranty. • As new machines are developed they have upgraded safety features and ergonomics • The cost to budget to replace the machine over ten years is similar to the cost to update annually. POLICY CONSIDERATIONS: The City does not have a specific policy regarding participation programs like this, and evaluates replacement of equipment on a case by case basis. FINANCIAL CONSIDERATIONS: The 2008 budget for Tractor/Loader/Bobcat plus the reserved/designated Tractor/Loader/Bobcat funds balance is approximately $13,443.13, LEGAL CONSIDERATIONS: There are no legal issues involved in this transaction. The City Council has the authority to participate in this program and the purchase does not exceed state law limits requiring quotes or bids. Respectfully Submitted Larry Kruse City A inistrator Department/Responsible Person: Public Works/Public Works Supervisor Tim Guimont Attachments: Quote(s) M:\Public Data\Requests for Council Actions (RCA)\2008\9 02 2008 8-B-1 Public Works Melore Bobcat RCA.doc Agenda Item No. O.B.I. Meeting Date: September 2, 2008 09/25f2008 16:40 rAX ` stiz6ftshred in 1946 002; 002 MANY Bobcat. •� •� �� 61.40 Navy 10 NW * Am*$, MN MM • Phone 7 ms-irao. + Faw 7 a"m • wwwasnoequip.mm GUARANTEED TRADE PRICE CONTRACT 800100to tOM114 andconditions Of this contract, L.AINO EQUIPMENT, INC., setter agraNes to trade back from buyer, i (qty) Bobcat (make) 42M tmodeij (s/nj SM71630Y for the stmt of $ $11600 plus UPPI1041110 bass, one year later, based on Opp hours or lass on equipment. Tereus & Condition$ 1. paymerry by buyer. delivery of agrees to pay Geller full payraent 30 days not upon et equtparord, 2. Maintenance. Buyers will keep the equipment In good condition and will make aft - neeassary r"Sla, WIN assume that all Ga►sty devices are at ON times Installed on the equlpmsnq will keep the equlpment frees from liens said encumbrances; WM permit seller to Impact the equipment at as reasonable (Imes, will uss the equipment ewleiy in the conduct of buyer's bs*oacs and will permit the equipment to be opens tGd only by 40112pstent operators, 8. Misce"ansous. Guaranteed trade price If f i sgdrlptasnt with 4W hours or Ises, anything owar 400 flours will occur a sure wqp of 38 per each additiweal hour, plus any applicable tax.. 4. Default N buyer tails to pay any amount due, If buyer felts to keep equipment In good condition, normmi wear and taar 1$.axpucted. 6. Cost quoted are forth* same equipmant or isae. Upgrades or additional sgtripmant will Incur additional oharges. N0604 to brryw." &Myer Untl etstands and agrsa4 that tha, terms and valm9bons consit`tuis a part of the cpntraot BOYM that do not Clem tNa aon&gW before you read it an0 you errs *NOW to an exact copy of the smnbao you sign. Bayer and sslhr have executad this contract on —the Contract lose. Buyer acknowledgesnaeipt Of a true and eampletety fiti Ir copy of this cantrrct: Halm The Char of Albertville ryes or print &OVER'S namrr Wjtr Gene Equipment, ine K__ Title __ by - TIUe M:\Public Data\Requests for Council Actions (RCA)\2008\9 02 2008 8-B-1 Public Works Melore Bobcat RCA.doe Agenda Item No. 8.B.1. Meeting Date: September 2, 2008 Albcrtville Big GIVu0s. TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: August 25, 2008 RE: Public Works and Parks Maintenance Department Update PARKS We still continue to maintain and repair the sprinkler systems around town; however most of the work has been in the Towne Lakes area. We have been placing mulch around most of the trees in the parks and watering the newer ones as we feel it is needed. We placed wood chips in three playground areas. We trimmed some of the larger trees at Central Park. Most of this was done to clear the blocked lights for field number one. We have sprayed weeds in some of the parks again and will do more of this in the fall. Mowing has been a little slow but we continue to do weed control and trimming. We were able to ad a mulching kit to our older 48" walk behind mower to use on the County 19 medians. By doing this we can put off buying a mower for the medians at this time. The parks in Towne Lakes Development have been aerated. We couldn't do the earlier because the sprinklers weren't operational. STREETS We have been doing some street patching around town. We repaired two sections of trail along Karston Ave. We have been repairing some catch basins around town .Some of these were done with the help of a contractor. M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-13-2 Public Works Report. doc a Agenda Item No. 8.B.2. Meeting Date September 2, 2008 15 lbcrtvijl£ Mayor and Council Communication August 27, 2008 SUBJECT: 0 FINANCE DEPARTMENT — PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion authorizing the Tuesday, September 2, 2008 payment of the claims that includes check numbers 026066 to 02611.3 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 approval. KEY ISSUES: Check No. 26102 Railroad Management Company — annual permit/license for 6" and 12" water main crossing the railroad property Check No. 26109 Valerius, Bill — Supplies for Fire Hall including Ink for printer and paper Check No. 26110 Vetsch Custom Cabinets — Display Cabinet at Fire Hall paid out of their Donation account. 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 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, (Jwvk�h Larry R. use City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail M:\Public Data\Requests for Council Actions (RCA)\2008\09 02 2008 8-e-1 Finance Bills Report (RCA).doc Agenda Item No. 8.E.1. Meeting Date September 2, 2008 17 A�Ibertvillcif Check Detail Register September 2, 2008 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026066 9/2/2008 AFLAC G 101-21710 Other Deducations $16.16 556268 AFLAC Insurance Prem Total AFLAC $16.16 Paid Chk# 026067 9/2/2008 ALL STAR CHEMICAL CORP E 101-42000-200 Office Supplies (GENERAL) $596.78 17603 Fire Dept Cleaning Supplies Total ALL STAR CHEMICAL CORP $596.78 Paid Chk# 026068 9/2/2008 AMERICAN TEST CENTER E 101-43100-405 Repair/Maint -Buildings $100.00 2082261 Overhead Lift Tested Unit 2 E 101-43100-405 Repair/Maint -Buildings $150.00 2082261 Overhead Lift Tested Unit 1 E 101-43100-404 Repair/Maint - Machinery/Equip $435.00 2082261 Bucket Truck Tested Total AMERICAN TEST CENTER $685.00 Paid Chk# 026069 9/2/2008 ARAMARK UNIFORM SERVICES E 101-43100-417 Uniform Rentals $19.09 629-6546618 Public Works -Uniform Sery E 601-49450-417 Uniform Rentals $19.09 629-6546618 Sewage Dept. - Uniform Sery E 101-45100-417 Uniform Rentals $19.10 629-6546618 Parks Dept - Uniform Sery E 602-49400-417 Uniform Rentals $19.09 629-6546618 Water Dept - Uniform Sery E 101-45100-417 Uniform Rentals $12.24 629-6551249 Parks Dept - Uniform Sery E'101-43100-417 Uniform Rentals $12.24 629-6551249 Public Works -Uniform Sery E 601-49450-417 Uniform Rentals $12.24 629-6551249 Sewage Dept. - Uniform Sery E 602-49400-417 Uniform Rentals $12.24 629-6551249 Water Dept - Uniform Sery E 101-41940-405 Repair/Maint - Buildings $65.92 629-6551250 City Hall - mops, towels, mats E 101-43100-417 Uniform Rentals $14.55 629-6555935 Public Works -Uniform Sery E 101-45100-417 Uniform Rentals $14.57 629-6555935 Parks Dept - Uniform Sery E 602-49400-417 Uniform Rentals $14.57 629-6555935 Water Dept - Uniform Sery E 601-49450-417 Uniform Rentals $14.57 629-6555935 Sewage Dept. - Uniform Sery E 602-49400-417 Uniform Rentals $12.03 629-6560598 Water Dept - Uniform Sery E 101-45100-417 Uniform Rentals $12.03 629-6560598 Parks Dept - Uniform Sery E 601-49450-417 Uniform Rentals $12.03 629-6560598 Sewage Dept. - Uniform Sery E 101-43100-417 Uniform Rentals $12.01 629-6560598 Public Works -Uniform Sery E 101-41940-405 Repair/Maint - Buildings $65.92 629-6560599 Ch mats, towels Total ARAMARK UNIFORM SERVICES $363.53 Paid Chk# 026070 9/2/2008 BERRY COFFEE COMPANY E 101-41400-200 Office Supplies (GENERAL) $61.95 738199 Coffee Total BERRY COFFEE COMPANY $61.95 Paid Chk# 026071 9/2/2008 BOBCAT OF WEST METRO E 101-43100-404 Repair/Maint - Machinery/Equip $25.73 27530 Gauge Total BOBCAT OF WEST METRO $25.73 M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-E-1 Payment Posted Batch.doc.rtf Agenda Item No. O.E.I. . Meeting Date September 2, 2008 19 Mayor and Council Communication - September 2, 2008 Finance - Payment of Claims Page 2 of 6 Check Amt Invoice Comment Paid Chk# 026072 9/2/2008 BOLTON & MENK, INC E 101-43100-303 Engineering Fees $1,830.00 111347 Services 9/22/07-11/2/07 57th E 201-45200-303 Engineering Fees $562.50 111351 Winter Park E 501-49000-303 Engineering Fees $475.00 113729 Phillip Morris Lift Station E 101-42400-313 Engineer Plan Check Fee $150.00 115812 plan chek/as builts E 101-41710-303 Engineering Fees $860.00 118275 LaBeaux Station Plat E 101-41710-303 Engineering Fees $95.00 118276 Phillip Morris E 101-41710-303 Engineering Fees $845.00 118287 Hunters Pass Plan & Plat E 101-41710-303 Engineering Fees $227.50 118288 Towne Lakes 5th E 201-45200-303 Engineering Fees $2,11T50 118289 Winter Park E 501-49000-303 Engineering Fees $285.00 118290 Phillip Morris Lift Station E 101-41710-303 Engineering Fees $4,333.00 118291 Franklin Sewer Ext E 101-41710-303 Engineering Fees $475.00 118293 Dominium Dev - TH E 101-43100-303 Engineering Fees $1,130,00 118295 2008 Seal Coat E 101-43100-303 Engineering Fees $2,680.00 118296 - 2008 Overlay E 101-41710-303 Engineering Fees $1,335.00 118298 Niemeyer Trailer E 101-42400-303 Engineering Fees $93.00 118299 Building Perm.its E 101-41700-303 Engineering Fees $570.00 118300 Staff Meetings 6/28-7/25 E 482-49300-303 Engineering Fees $47.50 118300 City Hall Plat E 473-00000-303 Engineering Fees $637.50 118300 Prairie Run Survey E 101-41710-303 Engineering Fees $190.00 118300 Dev Fees Dominium TH E 497-00000-303 Engineering Fees $142.50 118300 70th Street West E 101-41710-303 Engineering Fees $95.00 118300 Project Updates E 101-41710-303 Engineering Fees $95.00 118300 Revised Fees Marketplace E 101-41700-303 Engineering Fees $112.50 118300 LGU Respon. Gen Engineering Total BOLTON & MENK, INC $19,383.50 Paid Chk# 026073 9/2/2008 BONGAARTS, ROBERT G 101-22900 Rental Deposit Escrow $100.00 refund damage rental deposit Total BONGAARTS, ROBERT $100.00 Paid Chk# 026074 9/2/2008 CARQUEST E 101-43100-404 Repair/Maint - Machinery/Equip $26.39 1536-46183 Car wash Gal E 101-43100-404 Repair/Maint - Machinery/Equip $147.67 1536-46411 Oil and fuel filters E 101-43100-404 Repair/Maint - Machinery/Equip $9.24 1536-46442 Bobcat exact Fit Wiper Blade E 101-41400-200 Office Supplies (GENERAL) $35.74 1536-46544 2000 GMC Truck Total CARQUEST $219.04 Paid Chk# 026075 9/2/2008 CUSHMAN MOTOR CO., INC. E 101-45100-210 Operating Supplies (GENERAL) $23.28 143893 1/4" coupling Total CUSHMAN MOTOR CO., INC. $23.28 Paid Chk# 026076 9/2/2008 DHB E 101-45100-323 Nextel Radio Units $63.89 32248 Battery for Nextel - Tim Total DHB $63.89 Paid Chk# 026077 9/2/2008 DJ'S TOTAL HOME CARE CENTER E 101-42000-405 Repair/Maint - Buildings $63.45 32500 Fire Dept Misc Hall Supplies Total DJ'S TOTAL HOME CARE CENTER $63.45 Paid Chk# 026078 9/2/2008 DOCUMENT DESTRUCTION SERVICE E 101-41400-300 Professional Srvs (GENERAL) $31.20 128088 Document Destruction Paid Chk# 026079 9/2/2008 ELECTION SYSTEMS & SOFTWARE E 101-41410-300 Professional Srvs (GENERAL) $0.32 617546 Seals E 101-41410-300 Professional Srvs (GENERAL) $22.87 687129 Accessibility Headset Total ELECTION SYSTEMS & SOFTWARE $23.19 M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-E-1 Payment Posted Batch.doc.rtf Agenda Item No. 8..1',r.1. Meeting Date September 2, 2008 rr Mayor and Council Communication — September 2, 2008 Finance — Payment of Claims Paid Chk# 026080 9/2/2008 EMBARQ - TX E 101-42400-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-43100-321 Telephone E 101-42400-321 Telephone E 101-41940-321 Telephone E 601-49450-321 Telephone E 601-49450-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone Total EMBARQ - TX Paid Chk# 026081 9/2/2008 FEDERATED CO-OPS, INC. E 101-45100-210 Operating Supplies (GENERAL) Total FEDERATED CO-OPS, INC. Check Amt Invoice Comment $36.69 7634970261283 497-3695 $123.74 7634970261283 taxes & surcharge $39.01 7634970261283 497-0261 $37.51 7634970261283 497-0774 $36.69 7634970261283 497-3704 $36.69 7634970261283 497-3486 $36.69 7634970261283 497-0269 $16.11 7634970261283 497-1888 $37.51 7634970261283 497-0452 $6.77 7634977474915 Idst $423.52 $185.59 F28737 Buccaneer Plus and Trimec $185.59 Paid Chk# 026082 9/2/2008 FUTRELL FIRE CONSULT & DESIGN E 101-41000-300 Professional Srvs (GENERAL) $177.70 20088 Niemeyr Trailer zoning permiit Total FUTRELL FIRE CONSULT & DESIGN $177.70 Paid Chk# 026083 9/2/2008 GRAINGER E 101-41940-405 Repair/Maint -Buildings $729.27 9701811052 Filters Total GRAINGER $729.27 Paid Chk# 026084 9/2/2008 INSTRUMENT CONTROL SYSTEMS E 601-49450-404 Repair/Maint - Machinery/Equip $1,885.09 11913 Install Panelview 550 Total INSTRUMENT CONTROL SYSTEMS $1,885.09 Paid Chk# 026085 9/2/2008 JOHN DEERE COMPANY E 101-45100-210 Operating Supplies (GENERAL) $28.20 22480205 DC Latching Solendoid Total JOHN DEERE COMPANY $28.20 Paid Chk# 026086 9/2/2008 JOHN DEERE LANDSCAPES E 101-42000-405 Repair/Maint - Buildings $192.32 22585525 Fire Hall Pop Up Rotor E 101-42000-405 Repair/Maint - Buildings $11.62 22585526 Fire Hall Total JOHN DEERE LANDSCAPES $203.94 Paid Chk# 026087 9/2/2008 JOHN'S AUTO ELECTRIC II, INC E 101-42000-404 Repair/Maint - Machinery/Equip $1,763.85 August Fire Dept Alternator for Fire Total JOHN'S AUTO ELECTRIC II, INC $1,763.85 Paid Chk# 026088 9/2/2008 LEAGUE OF MINNESOTA CITIES E 101-41300-208 Training and Instruction $10.00 1000034873 Street Maint. - Tim E 101-41300-208 Training and Instruction $10.00 1000034873 Street Maint. Larry Total LEAGUE OF MINNESOTA CITIES $20.00 Paid Chk# ,026089 9/2/2008 MAJESTIC BLDR INC G 101-22800 Landscaping Escrow $2,750.00 5227 Kali Crt Escrow Total MAJESTIC BLDR INC $2,750.00 Paid Chk# 026090 9/2/2008 MIDWEST LANDSCAPES E 101-45100-530 Improvements $73.49 100240 Purchase park material Total MIDWEST LANDSCAPES $73.49 Paid Chk# 026091 9/2/2008 MIDWEST PLAYSCAPES INC E 101-45100-404 Repair/Maint - Machinery/Equip $47.39 3683 Whole Sphere for bridge, space E 101-45100-530 Improvements $1,894.90 3684 Wood Fiber Total MIDWEST PLAYSCAPES INC $1,942.29 Paid Chk# 026092 9/2/2008 MILLER TRUCKING/LANDSCAPING SU E 101-42000-405 Repair/Maint -Buildings $31.15 Fire Hall 3/4 Buff Total MILLER TRUCKING/LANDSCAPING SU $31.15 M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-E-1 Payment Posted Batch.doc.rtf Page 3 of 6 Agenda Item No. 8.E.1. Meeting Date September 2, 2008 21 Mayor and Council Communication - September 2, 2008 Finance - Payment of Claims Page 4 of 6 Check Amt Invoice Comment Paid Chk# 026093 9/2/2008 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $148.19 12628 Copier Maintenance Agreement E 101-41400-413 Office Equipment Rental $67.62 12629 Copier Maintenance Agreement Total MINNESOTA COPY SYSTEMS $215.81 Paid Chk# 026094 9/2/2008 MN DEPT. OF TRADE/ECON. DEV. E 203-00000-310 Other Professional Services $594.04 September 9/15/08 Fraser Loan Total MN DEPT. OF TRADE/ECON. DEV. $594.04 Paid Chk# 026095 9/2/2008 MTR SERVICES INC E 101-43100-403 Repair/Maint - Catch Basins $1,640.00 3882a 10587 Karston Repair Culvert a Total MTR SERVICES INC $1,640.00 Paid Chk# 026096 9/2/2008 N. A. C. E 101-41915-306 Planning Fees $160.20 17752 Dominium PUD E 101-41915-306 Planning Fees $364.90 17752 Neidermeier Garage CUP E 101-41915-306 Planning Fees $598.20 17752 Parkside Comm Rezone E 101-41915-306 Planning Fees $969.90 17752 Niemeyer Trailer Sales Plat & Total N. A. C. $2,093.20 Paid Chk# 026097 9/2/2008 NEXTEL COMMUNICATIONS E 101-43100-323 Nextel Radio Units $72.46 718183318-081 Nextel Phones E 101-42400-323 Nextel Radio Units $67.03 718183318-081 Nextel Phones E 101-42000-321 Telephone $66.47 718183318-081 Nextel Phones FD E 101-45100-323 Nextel Radio Units $72.46 718183318-081 Nextel Phones E 101-41500-323 Nextel Radio Units $74.44 718183318-081 Nextel Phones E 101-41300-321 Telephone $87.96 718183318-081 Nextel Phones E 101-41400-323 Nextel Radio Units $67.03 718183318-081 Nextel Phones E 602-49400-323 Nextel Radio Units $67.03 718183318-081 Nextel Phones E 601-49450-323 Nextel Radio Units $67.03 718183318-081 Nextel Phones Total NEXTEL COMMUNICATIONS $641.91 Paid Chk# 026098 9/2/2008 NORTHERN SAFETY CO., INC. E 101-43100-215 Shop Supplies $99.94 P219558601019 Safety Equipement, ear plugs, Total NORTHERN SAFETY CO., INC. $99.94 Paid Chk# 026099 9/2/2008 NORTHERN WATER WORKS E 602-49400-250 Meters for Resale $2,942.73 S01155790.001 3" meter - high school E 602-49400-250 Meters for Resale $6,147.31 S01158580.001 60 wall Assy w/pigtail lock sc Total NORTHERN WATERWORKS $9,090.04 Paid Chk# 026100 9/2/2008 OMANN BROTHERS E 101-45100-530 Improvements $88.04 8032 AC Mix Total OMANN BROTHERS $88.04 Paid Chk# 026101 9/2/2008 PITNEY BOWES - POSTAGE E 101-41400-200 Office Supplies (GENERAL) $220.57 August Postage Total PITNEY BOWES - POSTAGE $220.57 Paid Chk# 026102 9/2/2008 RAILROAD MANAGEMENT COMPANY E 101-45100-415 Other Equipment Rentals $82.50 238386 Rent from 9/16/08 - 9/15/09 E 602-49400-300 Professional Srvs (GENERAL) $82.50 238387 Rent 9 16 08 - 9 15 09 Total RAILROAD MANAGEMENT COMPANY $165.00 Paid Chk# 026103 9/2/2008 RAPIT PRINTING E 101-41500-200 Office Supplies (GENERAL) $125.86 65920 Letterhead E 601-49450-203 Printed Forms $1,425.95 66227 Utility Bills E 602-49400-203 Printed Forms $654.53 66227 Utility Bills E 604-49660-203 Printed Forms $257.14 66227 Utility Bills E 101-41500-200 Office Supplies (GENERAL) $63.57 66229 Payroll Blank Check Paper Total RAPIT PRINTING $2,527.05 M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-E-I Payment Posted Batch.doc.rtf Agenda Item No. 8.E. I.. Meeting Date September 2, 2008 22 Mayor and Council Communication — September 2, 2008 Finance - Payment of Claims Check Amt Invoice Comment Paid Chk# 026104 9/2/2008 S & T OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $257.39 01DD4857001 Copy Paper, ink cartridges for E 101-41400-200 Office Supplies (GENERAL) $15.45 OIMS9418 Clip Board, post it notes E 101-42400-200 Office Supplies (GENERAL) $21.32 01MT1641 11 x 17 paper E 101-42400-200 Office Supplies (GENERAL) $15.23 01MT6216 8 1/2 x 14 copy paper E 101-42400-200 Office Supplies (GENERAL) $32.80 01 MT7236 1 box labels for Elections Total S & T OFFICE PRODUCTS $342.19 Paid Chk# 026105 9/2/2008 SENTRY SYSTEMS, INC. E 101-43100-405 Repair/Maint - Buildings $30.11 583257 alarm PW E 101-42000-405 Repair/Maint - Buildings $29.23 583257 alarm FH E 101-42000-405 Repair/Maint Buildings $4.21 583257 alarm FH E 101-45100-405 Repair/Maint - Buildings $31.89 583257 alarm Pks Total SENTRY SYSTEMS, INC. $95.44 Paid Chk# 026106 9/2/2008 SHERWIN-WILLIAMS CO E 101-43100-400 Repair/Maint - Paved Rd $75.99 7233-3 5 gal White 5 E 101-43100-400 Repair/Maint - Paved Rd $303.95 7265-5 5 gal White 20 E 101-43100-400 Repair/Maint - Paved Rd $107.03 7619-3 5 gal paint Total SHERWIN-WILLIAMS CO $486.97 Paid Chk# 026107 9/2/2008 T C HOMES, INC G 101-22800 Landscaping Escrow $2,750.00 August Total T C HOMES, INC $2,750.00 Paid Chk# 026108 9/2/2008 UMC G 1Ql-22900 Rental Deposit Escrow $100.00 Total UMC $100.00 Paid Chk# 026109 9/2/2008 VALERIUS, BILL E 101-42000-200 Office Supplies (GENERAL) $45.29 Total VALERIUS, BILL $45.29 Paid Chk# 026110 9/2/2008 VETSCH CUSTOM CABINETS E 101-42050-437 Misc. Donations $3,036.00 79044 Total VETSCH CUSTOM CABINETS $3,036.00 Paid Chk# 026111 9/2/2008 WATER LABORATORIES INC E 601-49450-218 Testing Expenses $36.00 08G-167 E 601-49450-218 Testing Expenses $18.00 08H-099 Total WATER LABORATORIES INC $54.00 Paid Chk# 026112 9/2/2008 WRIGHT-HENNEPIN COOPERATIVE E 101-45100-381 Electric Utilities $213.04 E 601-49450-381 Electric Utilities $116.19 E 101-43160-381 Electric Utilities $417.77 Total WRIGHT-HENNEPIN COOPERATIVE $747.00 Escrow Refund for 5209 Kalenda refund damage rental deposit FH Misc Office Supplies Fire Hall Display Cabinet- Do Testing Expense (CBOD-5) Testing Expense (CBOD-5) Electric - parks Electric lift station Electric - street lights M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-E-1 Payment Posted Batch.doc.rtf Page 5 of 6 Agenda Item No. 8. E. l.. Meeting Date September 2, 2008 23 Mayor and Council Communication — September 2, 2008 Finance — Payment of Claims Page 6 of 6 Check Amt Invoice Comment Paid Chk# 026113 9/2/2008 XCEL ENERGY E 101-43160-381 Electric Utilities $24.14 235200353 11830 51st Street NE E 101-45100-381 Electric Utilities $3.32 235200527 5799 Lander Aenue NE E 601-49450-381 Electric Utilities $38.48 82008 4940 Kaiser Avenue NE Unit Sew E 101-45100-381 Electric Utilities $9.56 82008 5801 Main Avenue NE E 101-43160-381 Electric Utilities $36.38 82008 11060 61st Street NE Unit Sign E 101-41940-381 Electric Utilities $37.12 82008 6002 Main Avenue NE E 101-43160-381 Electric Utilities $49.30 82008 5050 LaBeaux Avenue Unit Signa E 601-49450-381 Electric Utilities $5,319.55 82008 11728 63rd Street NE E 101-45100-381 Electric Utilities $9.32 82008 11474 58th Street NE E 601-49450-381 Electric Utilities $93.92 82008 11474 58th Street NE E 101-42000-381 Electric Utilities $333.96 82008 11350 57th Street NE E 601-49450-381 Electric Utilities ($23.81) 82008 Credit E 101-43160-381 Electric Utilities $63.32 82008 5050 LaBeaux Avenue NE Unit Li E 101-43160-381 Electric Utilities $83.55 82008 5300 LaBeaux Avenue NE Unit Li E 101-41940-381 Electric Utilities $121.91 82008 Auto Ptorective Lights E 101-41940-381 Electric Utilities $127.19 82008 5964 Main Avnue NE Old Public E 101-45100-381 Electric Utilities $245.64 82008 11401 58th Street NE Skating R E 101-43100-381 Electric Utilities $389.18 82008 11822 63rd Street NE E 601-49450-381 Electric Utilities $306.55 82008 11200 60th Street NE Total XCEL ENERGY $7,268.58 10100 Premier Bank $64,171.86 Fund Summary 10100 Premier Bank 101 GENERAL FUND $39,707.47 201 PARK DEDICATION $2,680.00 203 REVOLVING LOAN $594.04 473 PRAIRIE RUN $637.50 482 CITY HALL 2004-5 $47.50 497 70th Street $142.50 501 Phil Morris Lift Station $760.00 601 SEWER FUND $9,393.68 602 WATER FUND $9,952.03 604 STORM WATER $257.14 $64,171.86 M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-E-1 Payment Posted Batch.doc.rtf Agenda Item No. 8. E. I . Meeting Date September 2, 2008 24 Mayor and Council Communication A.1bertville Two �. ma caw ur.. August 25, 2008 SUBJECT: 0 Finance Department — Approval of the 2008 Certification of Uncollected Utility Bills and Outstanding Invoices RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve Resolution No. 2008-043 entitled a Resolution Certifying Uncollected Utility Bills and Outstanding Invoices to Wright County for Collection with Real Estate Taxes. BACKGROUND: On an annual basis, it is the City's procedure to send notification to residents, developers, and other business owners that there are outstanding utility bills or invoices, allowing them sufficient time to pay such fees owed to the City. If such outstanding debt has not paid before November 15, 2008 the City has the ability to certify such outstanding debt to the appropriate property that would be collected with the Real Estate Taxes. Due to the recent foreclosures, city staff has worked the City Attorney and upon his recommendation are requesting a mid -year assessment of outstanding receivables. KEY ISSUES: The key issue regarding the outstanding debt is allowing the City to certify it to the property taxes ensuring collection. POLICY CONSIDERATIONS: It is the City's policy to review and authorize staff to certify uncollected utility bills and outstanding invoices to Wright County for Collection with Real Estate Taxes. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of Certification list, which would be updated as payments are received up until November 15, 2007. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to authorize staff to certify pursuant to Minnesota State Law, which requires uncollected utility bills and invoices are paid in a timely manner, generally within 120 days unless one party determines dispute the billing. Respectfully Submitted Larry R. use City Administrator Department/Responsible Person: Administration/Finance/Tina Lannes, Finance Director Attachments: Draft Resolution and uncollected utility bills and outstanding invoice spreadsheet M:\Public Data\Requests for Council Actions (RCA)\2008\9 02 2008 8-E-2 Certification of Outstanding UBs forclosures RCA.doc Agenda Item No. O.E.2. Meeting Date September 2, 2008 Mayor and Council Communication - August 27, 2008 Finance - Resolution No. 2008-043 Certification Page 2 of 3 Balance Property Address PID Assessment 240.24 10417 62ND STREET NE 101-097-003070 Dlq. W & S 295.34 10455 KARSTON CIRCLE NE 101-068-001050 Dlq. W & S 10602 KARSTON AVENUE 103.94 NE 101-051-002010 Dlq. W & S 211.64 10707 51ST STREET NE 101-103-0020100 Dlq. W & S 483.73 10741 58TH STREET NE 101-045-008050 Dlq. W & S 217.11 10831 KANTAR COURT NE 101-051-005010 Dlq. W & S 206.79 11415 54TH STREET NE 101-016-002050 Dlq. W & S 390.61 11582 53RD STREET NE 101-041-001050 Dlq. W & S 903.59 5349 LACHMAN AVENUE NE 101-039-003020 Dlq. W & S 197.63 5522 LAMBERT AVENUE NE 101-065-006010 Dlq. W & S 363.30 5564 LANDER AVENUE NE 101-015-002070 Dlq. W & S 617.21 5570 MAIN AVENUE NE 101-015-001040 Dlq. W & S 333.23 5693 KALLAND AVENUE NE 101-045-004020 Dlq. W & S 219.09 6113 KARMEN AVENUE NE 101-097-006050 Dlq. W & S 514.15 6196 KAITLIN AVENUE NE 101-097-004-070 Dlq. W & S 208.67 6202 KARMEN AVENUE NE 101-097-009050 Dlq. W & S 393.53 6229 KAHLER DRIVE NE 101-042-001170 Dlq. W & S 472.47 6735 LAKEVIEW CIRCLE NE 101-083-006060 Dlq. W & S 215.16 6804 LAKEVIEW CIRCLE NE 101-093-005040 Dlq. W & S $484.53 10452 61st ST NE 101-048-002040 Dlq. W & S $1,M.58 10295 Karston Ave NE 101-053-007050 Dlq. W & S $725.66 5772 Main Ave NE 101-013-001041 DIq. W & S $443.68 1014149th 101-085-002010 Dlq. Invoices $206.50 10382 62nd 101-097-001010 Dlq. Invoices $106.50 10408 62nd St 101-097-001030 Dlq. Invoices $213.00 10474 49th St 101-085-004060 Dlq. Invoices $213.00 10508 62nd St 101-097-002040 Dlq.Invoices $213.00 10568 62nd St 101-097-002080 Dlq. Invoices $110.95 10586 48th Ave 101-096-007170 Dlq. Invoices $118.97 10625 4M St 101-096-003040 Dlq. Invoices $106.50 1067951st 101-103-002080 Dlq.Invoices $106.50 1068051st 101-103-002090 Dlq.Invoices $106.50 10687 51st 101-103-002060 Dlq. Invoices $106.50 1069151st 101-103-002050 Dlq.Invoices $106.50 10692 51st 101-103-002120 D1q. Invoices $106.50 10695 51st 101-103-002040 Dlq. Invoices $106.50 10699 51st 101-103-002030 Dlq. Invoices $106.50 10700 51st 101-103-002130 Dlq. Invoices $319.50 4890 Kama Ln 101-096-006120 Dlq. Invoices $213.00 4954 Kagan Ave 101-085-003220 Diq. Invoices $319.50 4984 Kama Ln 101-096-006210 Dlq. Invoices $106.50 5204 Kalenda Ct 101-103-002210 Dlq. Invoices $106.50 5473 Lambert Ave 101-027-001010 Dlq. Invoices $426.00 5479 Main Ave NE 101-043-001020 Dlq. Invoices M:\Public Data\Requests for Council Actions (RCA)\2008\9 02 2008 8-E-2 Certification of Outstanding UBs forclosures RCA.doc Qr Agenda Item No. 8. E.2. Meeting Date September 2, 2008 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2008-043 A RESOLUTION CERTIFYING UNCOLLECTED UTILITY BILLS AND DELINQUENT INVOICES TO WRIGHT COUNTY FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, the City Council is desirous of collecting all charges for the use of the wastewater treatment facility, the storm water system, and water department; and WHEREAS, the City Council has determined that some sewer, storm water, water accounts and invoices remain uncollected and delinquent. Exhibit A attached NOW, THERFORE, BE IT RESOLVED the City Council of Albertville, Wright County, Minnesota, hereby directs the Finance Director to certify all uncollected sewer, storm water, and water, accounts that have not been paid to the City on Monday, August 25, 2008, to the Wright County Auditor for collection with real estate taxes. BE IT FURTHER RESOLVED, the City Council hereby orders that delinquent accounts certified to the tax rolls will be assessed a ten percent (10%) interest charge by the city upon certification and the total assessment will be collectible along with the 2009 taxes. Adopted by the City Council of the City of Albertville this 2nd day of September 2008. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Resolutions\2008 Resolutions\draft\09 02 2008 8-E-2 2008-xx draft Resolution (0908 Certification of Deliquent Utility Bill).doc Agenda Item No. 8.E.2. Meeting Date: September 2, 2008 29 City of Albertville County of Wright Resolution No. 2008-043 Page 2 Exhibit A Balance Property Address PID Assessment 240.24 10417 62ND STREET NE 101-097-003070 Dlq. W & S 295.34 10455 KARSTON CIRCLE NE 101-068-001050 Dlq. W & S 103.94 10602 KARSTON AVENUE NE 101-051-002010 Dlq. W & S 211.64 10707 51ST STREET NE 101-103-0020100 Dlq. W & S 483.73 10741 58TH STREET NE 101-045-008050 Dlq. W & S 217.11 10831 KANTAR COURT NE 101-051-005010 Dlq. W & S 206.79 11415 54TH STREET NE 101-016-002050 Dlq. W & S 390.61 11582 53RD STREET NE 101-041-001050 Dlq. W & S 903.59 5349 LACHMAN AVENUE NE 101-039-003020 Dlq. W & S 197.63 5522 LAMBERT AVENUE NE 101-065-006010 Dlq. W & S 363.30 5564 LANDER AVENUE NE 101-015-002070 Dlq. W & S 617.21 5570 MAIN AVENUE NE 101-015-001040 Dlq. W & S 333.23 5693 KALLAND AVENUE NE 101-045-004020 Dlq. W & S 219.09 6113 KARMEN AVENUE NE 101-097-006050 Dlq. W & S 514.15 6196 KAITLIN AVENUE NE 101-097-004-070 Dlq. W & S 208.67 6202 KARMEN AVENUE NE 101-097-009050 Dlq. W & S 393.53 6229 KAHLER DRIVE NE 101-042-001170 Dlq. W & S 472.47 6735 LAKEVIEW CIRCLE NE 101-083-006060 Dlq. W & S 215.16 6804 LAKEVIEW CIRCLE NE 101-093-005040 Dlq. W & S $484.53 10452 61st ST NE 101-048-002040 Dlq. W & S $1,829.58 10295 Karston Ave NE 101-053-007050 Dlq. W & S $725.66 5772 Main Ave NE 101-013-001041 Dlq. W & S $443.68 1014149th 101-085-002010 Dlq. Invoices $206.50 10382 62nd 101-097-001010 Dlq. Invoices $106.50 10408 62nd St 101-097-001030 Dlq. Invoices $213.00 10474 49th St 101-085-004060 Dlq. Invoices $213.00 10508 62nd St 101-097-002040 Dlq. Invoices $213.00 10568 62nd St 101-097-002080 Dlq. Invoices $110.95 10586 48th Ave 101-096-007170 Dlq. Invoices $118.97 10625 48th St 101-096-003040 Dlq. Invoices $106.50 10679 51st 101-103-002080 Dlq. Invoices $106.50 10680 51st 101-103-002090 Dlq. Invoices $106.50 10687 51st 101-103-002060 Dlq. Invoices $106.50 1069151st 101-103-002050 Dlq. Invoices $106.50 10692 51st 101-103-002120 Dlq. Invoices $106.50 10695 51 st 101-103-002040 Dlq. Invoices $106.50 10699 51st 101-103-002030 Dlq. Invoices $106.50 10700 51st 101-103-002130 Dlq. Invoices $319.50 4890 Kama Ln 101-096-006120 Dlq. Invoices $213.00 4954 Kagan Ave 101-085-003220 Dlq. Invoices M:\Public Data\Resolutions\2008 Resolutions\draft\09 02 2008 8-E-2 2008-xx draft Resolution (0908 Certification of Deliquent Utility Bill)).doc Agenda Item No. 8.E.2. Meeting Date: September 2, 2008 30 City of Albertville County of Wright Resolution No. 2008-043 Page 3 $319.50 4984 Kama Ln 101-096-006210 $106.50 5204 Kalenda Ct 101-103-002210 $106.50 5473 Lambert Ave 101-027-001010 $426.00 5479 Main Ave NE 101-043-001020 $426.00 5564 Main Ave NE 101-015-001040 $426.00 5570 Main Ave NE 101-015-001040 $213.00 5590 Main Ave NE 101-015-001020 $213.00 5596 Main Ave NE 101-015-001020 $106.50 6013 Kalland Circle NE 101-029-004090 $213.00 6196 Kaitlin 101-097-004070 $213.00 6202 Karmen 101-097-04305(1- $106.50 6460 64th St 101-104-001140 $248.25 5794 Main Ave NE 101-500-011206 $305.11 5772 Main Ave NE 101-013-001041 Dlq. Invoices Dlq. Invoices Dlq. Invoices Dlq. Invoices Dlq. Invoices Dlq. Invoices Dlq. Invoices Dlq. Invoices Dlq. Invoices Dlq. Invoices Dlq Inveiees, Dlq. Invoices Dlq. Invoices Dlq. Invoices M:\Public Data\Resolutions\2008 Resolutions\draft\09 02 2008 8-E-2 2008-xx draft Resolution (0908 Certification of Deliquent Utility Bill).doc Agenda Item No. Q.E.Z. Meeting Date: September 2, 2008 31 A�Ibcrtvi11c sn.0 r u+rw. 00 eaw ur.. Mayor and Council Communication August 27, 2008 SUBJECT: 0 Finance Department - 2009 Preliminary Budget and Property Tax Levy RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following two motions: Motion to approve the Resolution No. 2008-046 entitled a Resolution Adopting the 2009 Preliminary Property Tax Levy. Motion to approve the Resolution No. 2008-047 entitled a Resolution Adopting the 2009 Preliminary Budget. Motion to approve the Resolution No. 2008-048 entitled a Resolution Adopting the 2009 Capital Improvement Plan BACKGROUND: The budget and property tax levy process starts each year in June with staff preparing estimates and projections for Council workshops which were reviewed through the two workshops this summer. Attached for your review is the tax levy and budget summary for 2009 that pity staff has prepared for preliminary certification to Wright County no later than September 15th. Please keep in mind that this is the preliminary levy. At the last budget meeting, staff was asked to reduce 2009 budgeted expenses by $20,000, staff went through the preliminary budget in detail and reduced it by $32,106. But in doing so it did reduce revenues due to reductions in administrative costs since they are based on budget expenses. The end result staff reduced the levy by $20,000 as directed by council and added the additional reductions to working capital. The attached preliminary budget for 2009 totals $3,192,000 million. The budget includes a General Fund tax levy of $2,208,496 for taxes payable 2008. This is an increase of $64,325 over last year. Plus, the debt service levy has increased from $545,560 to $604,767. Therefore, the total levy, both general fund and debt service has increased from $2,689,731 in 2008 to $2,813,263. The estimated impact on the City of Albertville portion of property taxes would be a slight increase as illustrated below. Payable 2008 Annual Le est. Payable 2009 est. Increase Levy $2,689,761 $2,813,263 Impact on $200,000 home $652 $682 Impact on $300,000 home $997 $1,022 M:\Public Data\Requests for Council Actions (RCA)\2008\09 02 2008 8-e-5 Prelimary Budget.doc $123,532 $30 4.59% $45 4.59% Agenda Item No. 8XA-6. Meeting Date September 2, 2008 Mayor and Council Communication — September 2, 2008 Finance Director - 2009 Property Tax Levy and 2009 Preliminary Budget Page 2 of Impact on $400,000 home $1,303 $1,363 $60 4.59% Doesn't include Homestead Credit due to that is based on individual values Doesn't include increase in market value KEY ISSUES: Levy Adoption Schedule: The final levy is not certified until mid December so there is a still opportunity to review, discuss and change the 2009 budget and tax levy as needed. The important thing to note is that the final levy can be less than the preliminary levy but it cannot be more. So we don't want to get "locked" into a levy that is inadequate to fund our programs and projects for next year. General Fund Reserves: Annually, the Mayor and Council to adopt a Preliminary Budget and set Property Tax Levy. During the annual audit review, the Auditor cautioned the City as the General Fund Reserves are at the lower end of the spectrum of what they want to see and what the State Auditor recommends. The City must maintain adequate reserves to provide cash flow for City operation through the first half of the following year providing gap financing until property tax revenue is received in July. In 2007, the City's budget reserves were short $650,000 and in 2008 it is estimated that the City's reserves will be short $350,000. It is staff s recommendation to levy the full amount allowed under State mandated levy limits and use those funds to increase the General Fund Reserve and/or designate funds for pending lawsuit settlements for which the Court has ruled against the City. This being known, Staff understands it is now a political decision of how much to levy our residents. Other Revenue and Expense items to evaluate through the remainder of 2008: As we progress through the remain months of the year and prepare for next year Staff will scrutinize expenses, and identified some potential revenues enhancements for the 2009 budget. Although increasing fees can be difficult it is a good discussion to have. 1. Right now the arena charges to use the indoor facilities, however some other sports where the City spends a significant amount of money and time are not charged. For example, Youth softball baseball, broomball and outdoor hockey do not pay or pay a very limited amount. 2. Adult hockey does not pay for outside ice time 3. Mowing Rates — perhaps a progressive mowing rate schedule, whereby if we do it a second and third time, it gets more expensive 4. It is unusual for a City to give scholarships. Right now Albertville grants $4,200 in Scholarships and savings bonds for Albertville Royalty. 5. Sidewalk snow removal. The City removes snow from school route sidewalks. Perhaps everyone should be responsible to clear their sidewalks with 24 hours of a snowfall. Mayor and Council Communication — September 2, 2008 Finance Director - 2009 Property Tax Levy and 2009 Preliminary Budget Page 3 of POLICY CONSIDERATIONS: It is the City's policy to review and approve the 2009 Budget and Proposed Property Tax Levy. FINANCIAL CONSIDERATIONS: In reviewing Albertville projected the 2008 budget, we anticipate a $350,000 shortfall in designated funds for general reserve. Although staff can work with a shortfall, it is recommended that the City Council continue to increase the General Funds reserve and not rely on other capital reserves to fund cash flow needs. Levy limits will be on for at least three years and in certain situation will preempt the City from increasing its levy. Pending lawsuit settlements are a concern and may impact general fund reserves. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve the 2008 Annual Budget and Property Tax Levy pursuant to Minnesota State Law. Respectfull y Submitted, Larryy R se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Resolution No. 2008-046, Resolution No. 2008-047, Resolution No. 2008-048 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2008-046 A RESOLUTION ADOPTING THE 2008 TAX LEVY COLLECTIBLE IN 2009 BE IT RESOLVED BY THE council of the City of Albertville, County of Wright, Minnesota, that the following sums of money be levied for the current year, collectible in 2009, upon taxable property in the City of Albertville for the following purposes: Total levy $2,813,263 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the county auditor of Wright County, Minnesota. Adopted by the City Council of the City of Albertville this 2nd day of September 2008. Mayor Ron Klecker City Clerk Bridget Miller M:\Public Data\City Council\Council Packet information\2008\09-02-08\R 2008-xx (2008 Proposed Tax Levy collected in 2009).doc Agenda Item No. 8.E.4. Meeting Date September 2, 2008 37 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2008-047 A RESOLUTION ADOPTING THE 2009 PRELIMINARY BUDGET WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and WHEREAS, the Albertville City Council has adopted a preliminary tax levy to be placed upon the taxable property in the City of Albertville; and WHEREAS, the Albertville City Council desires to reserve within the General Fund those monies designated as capital outlays within various budget classifications, such that those monies can be disbursed only for those capital outlays so specified within the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA: The attached budget is hereby adopted as the preliminary budget for the City of Albertville for the period January 1, 2009, through December 31, 2009. 2. All monies designated within the budget, as capital outlays shall be reserved within the Capital Reserves Fund, such that those monies can be disbursed only for those capital outlays so specified within the budget. 3. The Albertville City Council has hereby complied with Minnesota Statutes. 4. The Finance Director is hereby authorized to transmit certification of compliance with Minnesota Statutes to the Commissioner of Revenue as required. Adopted by the Albertville City Council this 2nd day of September, 2008. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\City CounciWouncil Packet information\2008\09-02-08\R 2008-xx (2009 Preliminary Budget).doc Agenda Item NA.E.5. Meeting Date September 2, 2008 CIO A,Jbertvillc Srtnoll Tio tun Uvin BI Lifs. 2009 PRELIMINARY BUDGET SUMMARY COMPARISON GENERALFUND Difference Difference General Fund Revenue: 2008 Budget 2009 Budaet 08 to 09 $ 08 to 09 31010 Current Ad Valorem Taxes 2,144,171 2,208,496 $64,325 3.00% 32100 Business Licenses & Permits 35,000 59,500 $24,500 70.00% 32110 Liquor Licenses 25,000 28,500 $3,500 14.00% 32120 3.2 Liquor Licenses 150 150 $0 0.00% 32150 Sign Permits 2,400 2,500 $100 4.17% 32210 Building Permits 300,000 177,321 -$122,679 -40.89% 32240 Animal Licenses 700 700 $0 0.000N 33405 Police Aid 20,000 20,000 $0 0.001/1 33406 Fire Aid 55,000 55,000 $0 0.001/1 33422 Other State Aid Grants 8,500 9,000 $500 5.881/, 33620 County Grants & Aids 10,000 10,000 $0 0.00% 34000 Charges for Services 6,000 11,000 $5,000 83.33% 34101 Lease Payments - City Property 20,000 43,200 $23,200 116.00% 34001 Administration fees 259,336 150,611 -$108,725 -41.92% Engineering plan check 15,000 10,000 -$5,000 -33.33% 34050 Developer Fees 100,000 75,000 -$25,000 -25.00% 34103 Zoning & Subdivision Fees 10,500 7,000 -$3,500 -33.33% Plan Check Fee 60,000 42,412 -$17,588 -29.31% 34105 Sale of Maps 200 100 -$100 -50.00% 34106 PID/Legal Description Requests 500 250 -$250 -50.00% 34107 Title Searches 500 250 -$250 -50.00% 34302 Fire Protection Contract Charges 92,220 148,507 $56,287 61.04% 34780, Rental Fees 4,000 5,000 $1,000 25.000 34950 Other Revenues 7,000 10,000 $3,000 42.86% 35000 Fines & Forfeits 200 500 $300 150.00% 36210 Interest Earnings 120,001 118,000 -$2,001 -1.67% Reserves 0 Total Revenues 3,296,378 3,192,996 -$103,382 -3.14% Difference Difference General Fund Department Expenditures: 2008 Budget 2009 Budget 08 to 09 $ 08 to 09 % 41100 Council 46,344 48,485 $2,141 4.6297 41300 Administrator 127,960 135,463 $7,503 5.86% 41400 City Clerk 136,003 142,165 $6,162 4.53% 41440 Elections 9,000 9,300 $300 3.33% 41500 Finance 113,465 118,040 $4,575 4,03% 41550 City Assessor 35,000 33,000 -$2,000 -5.71% 41600 City Attorney 35,400 36,450 $1,050 2.97% 41700 City Engineer 65,000 65,000 $0 0.00% 41800 Economic Development 3,500 10,000 $6,500 185.71% 41910 Planning & Zoning 34,934 35,334 $400 1.15% 41940 City Hall 108,700 110,095 $1,395 1.28% 42000 Fire Department 298,753 275,662 -$23,091 -7.73% 42110 Police 474,000 489,250 $15,250 3.22% 42400 Building Inspection 417,931 294,171 -$123,760 -29.61% 42700 Animal Control 3,500 3,200 -$300 -8.57% 43100 Public Works - Streets 449,145 470,065 $20,919 4.66% 43160 Street Lighting 75,000 77,500 $2,500 3,33% 43200 Recycling 46,5001 48,000 $1,500 3.23% 45000 Culture & Recreation 40,927 45,377 $4,450 10.87% 45100 Parks & Recreation 153,3171 152,857 -$461 -0.30% 49300 Capital Reserves 622,0001 593,585 -$28,415 -4.57% Total Expenditures 3,296,378 3,192,996-103,382 -3.14I Agenda Item 8.E.5. M:\Public Data\City Council\Council Packet information\2008\09-02-08\Summary 2009 Draft preliminary Budget.xls Meeting Date September 2, 2008 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2008-048 A RESOLUTION ACCEPTING THE CAPITAL IMPROVEMENT PLAN (CIP) WHEREAS, the Albertville City Council has reviewed its Capital Improvement Plan (CIP) during the annual preliminary budget workshop; and NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that the following actions are implemented: Exhibit A — attached 2009 Capital Improvement Plan (CIP) Adopted by the City Council of the City of Albertville this 2nd day of September, 2008. Ron Klecker, Mayor Bridget Miller City Clerk M:\Public Data\City Council\Council Packet information\2008\09-02-08\R 2008-xx (Accepting the Capital Improv Plan).doc Agenda Item No. 8. E.6. Meeting Date September 2, 2008 43 2009 CIP Facilities Nb£rtvi1l£ Mayor and Council Communication s." ram, u�. eb Cu„ ur. August 27, 2008 SUBJECT: FINANCE- CSAH 37 WEST UTILITY EXTENSION PROJECT ASSESSMENT OF CONNECTION CHARGE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to declare the City Council intent to provide property owners in the newly created CSAH 37 West Utility District the opportunity to assess their connection charge over a ten (10) year period at an interest rate of 6.2% provided they submit a signed Assessment Agreement waiving their rights to appeal and waiving any irregularities by December 1, 2008. BACKGROUND: The City has authorized development of Plans and Specifications to bid a Water and Sewer Project known as the CSAH 37 West Utility Extension Project. The project affects three landowners and is unique in that the City will create a separate Water and Sewer District and establish a separate connection charge system to fund the cost of the improvements. The City has received a request from one of the properties to assess the cost of the connection charge over a ten (10) year period. 1114 8=19=11 The assessment is a safe investment collateralized by the land. The City has the option to finance these assessments internally; issue a separate bond or package with a future bond issue, assuming one will be issued in the next year. 6.2% interest is consistent with CSAH 19 South assessment interest rates (most recent bond issued). 6.2% is almost double our current average investment rate and based on the past five years is an attractive investment rate. POLICY CONSIDERATIONS: The City Council evaluates assessment opportunities on a case by case basis and does not have a formal Assessment Policy. The City Council has the authority to assess water/sewer connection charges over a term and at such rate to be determined by the City Council. These parcels of land are unique in character and location as it relates to utilities. Staff sees no policy issues providing the opportunity to assess the connection charge over time. M:\Public Data\Requests for Council Actions (RCA)\2008\09 02 2008 8-E-7 CSAH 37 Assessment of Connection Charge RCA.doc Agenda Item No. 8. E. / . Meeting Date September 2, 2008 Mayor and Council Communication - August 27, 2008 Finance - CSAH 37 West Utility Extension Project Assessment of Connection Charge Page 2 of 3 FINANCIAL CONSIDERATIONS: The following schedule is an example of what the assessment schedule will look like. The amount of the connection charge and amount assessed will vary based on the project bids and actual cost of the project distributed on a developable square foot basis. From a financial perspective the 6.2% interest is almost double the current rate of investment interest we earn and looking over the past five (5) years is an attractive rate. Staff proposes to structure this such that we can combine this with another bond issue in the next year, or to finance this internally with an interfund loan. Investment risks are minimal as the assessment is secured by the land. Estimated Assessment startti i taayable 2010 6.2% $242,7 4.00 Plus 1 year interest L$ 57,783.51� _ _ Payment date Pa ment amountP irncipal Interest ;Endinq Balance 5/15t2010 1 10/15,2010 $17 ,678.58 $9 ,687� 8 $7 ,991 29 3 $23� 8 ,406.941 5/152011 10/15{2011 $17 ,678.58 $10 ,287.90 $7 ,39 60 8 $217 833.14 5/1842012' $17,678.58 $10 925 75 $6 752.83E 10/15t2012 $17 ,678.58 $10 925 75 i $6 ,762. 8 1$195 ,981. 65 - 5/15t2013 $17 ,678.58 $11,603.14 $6 ,075.43 -T 0 15/2013 : $17 ,678.58 $11,603.14 $6 ,075.43 $172 ,775.36 _ _ 8 _ _ 5/15/2� $17 ,678.58 $12, 22.54 $5 ,356.04E 10115/2014i $17.678.581 $12,322.54 3 6.041 $148,13 9 5/15/2015 ?? $17 ,678.5_8 i $13,086.541 $4 ,592 04 L--10/16/2$17.678.58 ! $13 ,0 66. 54 _ $4,5592. 04 $121,957 .221 5/15/2016 ------ $17 678.58 $13 ,897.90� $3 ,780.68 �I 10/16/2016 ? 5/10_u 17` $17 678.58 $1,897.90 _$3 780 .68 $94 16142 ..385/15i201$17678581 $14 759.57$2,919.01 5t2$17,678.58 $14,759.5 $2,919.0$64,642.2 $00391,5/2018 $1767.58 15674.66 10/15_t20 8 $17 ,678.51 $15 ,674.66 $2 ,003. 91 $33 ,292.95 f � 5/15/2019$17,678.58' $15,614.41 $1,032.08f 10/15/20191 $17 ,678.558 15 ,614.41 $1,0 23 08 --$0. 55� $353 ,5711.51 $255 ,719.35 $95 ,787.96 ! ! M:\Public Data\Requests for Council Actions (RCA)\2008\09 02 2008 8-E-7 CSAH 37 Assessment of Connection Charge RCA.doc Agenda Item No. 8. E. ! . Meeting Date September 2, 2008 Mayor and Council Communication — August 27, 2008 Finance — CSAH 37 West Utility Extension Project Assessment of Connection Charge Page 3 of 3 LEGAL CONSIDERATIONS: Minnesota State Statute 429 provides the opportunity to assess benefited properties for municipal improvements. It has been the City's past practice in certain instances to assist projects like D. Michael B's Restaurant, Space Aliens and Phil Morris by providing an assessment option assuming the property owner signs an Assessment Agreement waiving the right to appeal and any irregularities that might occur. Legal Counsel is aware of only one default in an assessment that resulted in a City not receiving its full principal and interest, but that was on property that was a wetland, could not be developed and thus had no benefit from the improvement. In this case, the assessment will be paid either by the land owner or financial institution to protect their investment in the property. From a legal perspective, the City has the ability to assess this project at any agreeable term and rate. Respectfully submitted, Ou'�yR se City Administrator Department/Responsible Person: Finance — Tina Lannes, Finance Director Attachments: None M:\Public Data\Requests for Council Actions (RCA)\2008\09 02 2008 8-E-7 CSAH 37 Assessment of Connection Charge RCA.doc Agenda Item No. S.E. ! . Meeting Date September 2, 2008 �bcrtvi 11 c Mayor and Council Communication S'noN Town UW". 6% City We. August 21, 2008 SUBJECT: 0 PLANNING - PERMITTED BUSINESS WALL SIGNS ORDINANCE AMENDMENT (SECTION 10-7-8) RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion approve Ordinance Number 2008-007 entitled an Ordinance Amending Title 10, Chapter 7, Section 8 of the Albertville Municipal City Code Relating to Wall Signs Accessory to Single Occupancy Commercial or Community Store Uses; Single Occupancy Industrial Uses; Multiple Occupancy, Commercial And Industrial Uses, Including Shopping Centers. BACKGROUND: The Planning and Zoning Commission met and held a public hearing on Tuesday, August 12, 2008, to consider an ordinance amendment to Title 10, Chapter 7, Section 8 of the 2005 Albertville Municipal City Code to make the following revisions: (1) Single Occupancy Commercial or Community Store Uses; (2) Single Occupancy Industrial Uses; and Multiple Occupancy, Commercial and Industrial Uses • Front Wall Signs was revised to read: Signage on Walls Abutting a Public Right -of - Way • The limit on the number of signs on walls abutting a public ROW was removed • Including windows and doors was added to further explain the dimensions that should be utilized in calculating the total wall area • Side and Rear Wall Signs was revised to read: Signage on Walls Not Abutting a Public Right -of -Way • Change from allowing strictly delivery signs for signs on walls not abutting a public ROW to allowing delivery and directional signs • Change the total area allowed for signs on walls not abutting a public ROW from 9 square feet to 9 square feet per access door Single Occupancy Industrial Uses: • The total area allowed for signs on walls abutting a public ROW was changed from 200 SF to 200 SF or ten percent (10%) of the wall area, whichever is less Multiple Occupancy, Commercial and Industrial Uses • Change the method for calculating wall sign areas in multi -tenant buildings from: utilizing the combined wall surfaces on walls that abut streets to calculating each tenant's wall space separately • The limit on the size of signs on walls abutting a public right-of-way was removed M:\Public Data\Requests for Council Actions (RCA)\2008\09 02 2008 8-H-1 RCA Business Wall Signs Ordinance Amendment 09.02.08 CC Mtg.doc Agenda Item No. 8.H.1. Meeting Date September 2, 2008 49 Mayor and Council Communication — August 21, 2008 Planning - Business Wall Signs Ordinance Amendment Page 2 of 2 Upon review of the staff report and hearing public testimony, the Planning and Zoning . Commission recommended that the City Council approve the Ordinance amending Title 10, Chapter 7, Section 8 of the Albertville Municipal City Code relating to wall signs accessory to single occupancy commercial or community store uses; single occupancy industrial uses; multiple occupancy, commercial and industrial uses, including shopping centers. Respectfully submitted, wp,vt K Alan Brixius City Planner Department/Responsible Person: Planning/City Planner Al Brixius Attachments: Ordinance No. 2008-007, City Planner's Report dated August 7, 2008 M:\Public Data\Requests for Council Actions (RCA)\2008\09 02 2008 8-H-1 RCA Business Wall Signs Ordinance Amendment 09.02.08 CC Mtg.doc Agenda Item No. 8.H.1. Meeting Date September 2, 2008 50 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2008-007 AN ORDINANCE AMENDING TITLE 10, CHAPTER 7, SECTION 8 OF THE ALBERTVILLE MUNICIPAL CITY CODE RELATING TO WALL SIGNS ACCESSORY TO SINGLE OCCUPANCY COMMERCIAL OR COMMUNITY STORE USES; SINGLE OCCUPANCY INDUSTRIAL USES; MULTIPLE OCCUPANCY, COMMERCIAL AND INDUSTRIAL USES, INCLUDING SHOPPING CENTERS THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 10-7-8.A.1., relating to the clarification of front wall signs, the number of signs allowed, and the total allowable wall sign area for walls abutting a public right-of-way for single occupancy commercial or community store uses, is hereby amended to read as follows: F,.ent WallSigns. Sianage on Walls Abutting a Public Right -of -Way' 1 1 VS a. The total a-rea of two (2) signs shaR not exeeed fifteen per-eei:A Not fner-e than two (2) signs shall be pefmitted on the front wa4l of any pr-ineipa4 building. ,110) of the wall area. One sign may be a ehangeable message board (ineluding reader- beafds/ehangeable >.,,,,,ners) that is framed t rdefine its per-ir3eten (Or-d. 2005 04, 7 5 2005)-Signage placed on a wall abutting a public right-of-wav shall not exceed fifteen percent 15%) of the wall area (including windows and doors). One sign may be a changeable message board (including reader boards/changeable banners) that is framed to define its perimeter. b. Fro * wall s Signage placed on a wall abutting a public right-of-way, if illuminated, shall be by shielded illumination, shielded silhouette lighting or shielded spot lighting but not any lighting where the light source itself is visible or exposed on the face or sides of the characters. c. Frcn* _��a�� ales Signage placed on a wall abutting a public right-of-wav may be gaseous tube or may be illuminated by interior means of lighting of an intensity to prevent excessive glare and shall comply with the regulations established in section 10-7-7 of this chapter. SECTION 2. Section 10-7-8.A.2., relating to the clarification of side and rear wall signs, the number of signs allowed, and the total allowable wall sign area for walls not abutting a public right-of-way for single occupancy commercial or community store uses, is hereby amended to read as follows: MA\Public Data\Ordinances\2008 Ordinances\Drafts\09 02 2008 8-H-1 Draft O 2008-007 (Business Wall Signs Amendment).doc Agenda Item No. 8..H.1.. Meeting Date September 2, 2008 51 City of Albertville County of Wright State of Minnesota Ordinance No. 2008-007 Page 2 of 4 2. Side And Rear- Wa4l Signs! A sign E)r- signs shall be permiRed an the r-ear- and/er- side wall e �r"' „ a building, ubjec�fo the "�-re�� Signage on Walls Not Abutting a lAll' J111 � Public Right -of -Way: A sign or signs shall be permitted on those walls not abutting a public right-of-way of any principal building subject to the following regulations: a. No rear- or- side wall signs, other than a sign pr-evided in subseetien A2b of this The total area of sueh r-ear- E)r- side wall sign or- signs shall not exeeed nine (9) square feet. sha4l make use of any word, plffase, symbol or- ehar-ae4er- other- than te designate delivery areas Signage placed on a wall not abutting a public right-of-way, other than a sign provided in subsection A.2.c of this section shall be of directional and/or delivery purpose only. b. wall,use in the pr-ineipal building opens en a side wall, er- on a r-ear- the applieaR4 shall be peFmitted to sign the side or r-eaT- wall i-a aeeer-danee NN4th the fient wa4l sign provision e subseetio A! eftt,is seetion. (Amended Ord. 1987 3, 10 19 ' 987)The total area of each sign or signs shall not exceed nine (9) square feet per access door. c. Notwithstanding Subsection A.2.a of this Section if the main entrance/exit to a particular use in the principal building opens on a wall not abutting a public right-of-way, the applicant shall be permitted to sign the walls not abutting a public right-of-way in accordance with the provision of Subsection A 1 of this Section SECTION 3. Section 10-7-8.C.1., relating to the clarification of front wall signs, the number of signs allowed, and the total allowable wall sign area for walls abutting a public right-of-way for single occupancy industrial uses, is hereby amended to read as follows: 1. pier* W It Signs: Signage on Walls Abutting a Public Right -of -Way. a. Not more than osign shall b efmiaed oft wall o��ne luvl v Lr teta4 area of sueh sign shall net exeeed two hundred-(200) square f;�. Signage placed on a wall abutting a public right-of-way shall not exceed two hundred (200) square feet or ten percent (10%) of the wall area (including windows and doors), whichever is less b. Front wallsigns Signage placed on a wall abutting a public right-of-way, if illuminated, shall be by shielded illumination, shielded silhouette lighting, or shielded spot lighting but not any lighting where the light source itself is visible or exposed on the face or sides of the characters. c. Fr-e * •��r� o, s Signage placed on a wall abutting a public right-of-way may be gaseous tube or may be illuminated by interior means of lighting of an intensity to prevent excessive glare and shall comply with the regulations established in section 10-7-7 of this chapter. M:\Public Data\Ordinances\2008 Ordinances\Drafts\09 02 2008 8-H-1 Draft O 2008-007 (Business Wall Signs Amendment).doc Agenda Item No. S.H. L Meeting Date September 2, 2008 City of Albertville County of Wright State of Minnesota Ordinance No. 2008-007 Page 3 of 4 SECTION 4. Section 10-7-8.C.2., relating to the clarification of side and rear wall signs, the number of signs allowed, and the total allowable wall sign area for walls not abutting a public right-of-way for single occupancy industrial uses, is hereby amended to read as follows: 2. Side And Rear- Wall Signs- A sign or- signs shall be pennit4ed on the rear- and/or side wall e ""t building, -subs -to the following regulatron&.t Signage on Walls Not Abutting a Public Right -of -Way: A sin or signs shall be permitted on those walls not abutting a public right-of-way of M principal building subject to the following regulations: a. No rear- or- side wall signs, other- than a sign provided in subsee4ion A2b of this The total area of sueh reaf or- side wa4l sign er- ig iha4l not eyeeed nine (9) square feet. shall make use of any word, phfase, symbel or- ehafae4er- other than to designate delivery areas: Signage placed on a wall not abuttingublic right-of-wayother than a sign provided in subsection C.2.c of this section shall be of directional and/or delivery purpose only. b. use in the r ral building opensa sidewall, pefmit4ed to sign the side or- r-eaf- wall in aeeer-danee with the front wall *- . . n+-ef , The total area of each sign or signs shall not exceed nine (9)square feet per access door. c. Notwithstanding Subsection C.2.a of this section if the main entrance/exit to a particular use in the principal building opens on a wall not abutting a public right-of-waythe applicant shall be permitted to sign the walls not abutting_a public right-of-way in accordance with the provision of subsection C. 1 of this Section SECTION 5. Section 10-7-8.D.3, relating to the clarification of front wall signs, the number of signs allowed, and the total allowable wall sign area for walls abutting a public right-of-way for multiple occupancy, commercial and industrial uses, including shopping centers, is hereby amended to read as follows: 3. Wall Signs: Signage on Walls Abutting a Public Right -of -Way' a. The total allowable sign area for- a multiple eeoupaney stfuetufe shall not exeeed fiftee.n. ) ef the eembined wall suf&ees en walls w-hieh abut streets in eenuner-eia4 disc ets or to pe (10,046) + industrial =a�.d + r[c cs The allowed wall sign area for a multiple occupancy structure shall be calculated for each tenant separately. The allowed wall sign area for each tenant shall not exceed fifteen percent (15%) of the individual tenant's wall surfaces abutting a public right-of-way (including windows and doors) in commercial districts (or ten percent 10%) in industrial districts). h No muUiple eee Y J straetwe J display more t two (2) over-all building ident fleat; M:\Public Data\Ordinances\2008 Ordinances\Drafts\09 02 2008 8-H-1 Draft O 2008-007 (Business Wall Signs Amendment).doc Q Agenda Item No. Q.H.. L Meeting Date September 2, 2008 53 City of Albertville County of Wright State of Minnesota Ordinance No. 2008-007 Page 4 of 4 Eb.Individual tenants located within multiple occupancy structures, other than shopping centers, shall not be permitted to display individual signs, except for tenants which have separate exterior entrances to their use or tenants in shopping centers:, in whrieh mat 111 ore than e be displayed. d. No indiyidrialsi-V11V lll.{11�Tan mK ;„-ed i, a a (t nmsqtiar-e � + in mea. \1 e. A delivery sig A exeeeding nine (9) square fe� in area may be leeated on t side or- r-eaf wall e-ston-lc-tufe. (Amended Ord. 3, 10 19 1987) SECTION 6. Section 10-7-8.D.4., relating to the number of signs allowed and the total allowable wall sign area for walls not abutting a public right-of-way for multiple occupancy, commercial, and industrial uses, including shopping centers, is hereby amended to read as follows: 4. F4fetmd SigSignage on Walls Not Abutting a Public Right -of -Way: A sign or signs shall be permitted on those walls not abutting a public right-of-way of any principal building subject to the following regulations: a. Signage placed on a wall not abutting a public right-of-way shall be of directional and/or delivery purpose only. b. The total area of each sign or signs shall not exceed nine (9) square feet per access door. 5. Ground Signs: This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 2nd day of September 2008. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Ordinances\2008 Ordinances\Drafts\09 02 2008 8-H-1 Draft O 2008-007 (Business Wall Signs Amendment).doc Agenda Item No. 8. H.1. Meeting Date September 2, 2008 54 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 7+63.231.25f31 plan ners&nacplannincg.corn PLANNING REPORT TO: Larry Kruse, City Administrator FROM: Carie Fuhrman / Alan Brixius DATE: August 7, 2008 RE: Albertville — Ordinance Amendment — Permitted Business Signs (Section 10-7-8) NAC FILE: 163.05 — 08.05 BACKGROUND A recent request resulted in staff researching the wall sign regulations for businesses. Currently, the Zoning Ordinance addresses this issue in Section 10-7-8 of the City Code, titled Permitted Business Signs. A tenant of a multi -occupancy building recently expressed the desire for additional wall signage for their business. In response, staff researched and analyzed the Wall Signs portion of the above -mentioned sections. Specific issues were brought to the Planning Commission at their last meeting as discussion points for possible changes to the Ordinance. Two options are being presented to the Planning Commission for Ordinance amendments at this time. ANALYSIS Planning Commission Concerns. At the last Planning Commission meeting, concerns were raised whether or not businesses were going to be allowed adequate wall signage with the newly proposed ordinance amendments. The Planning Commission requested that additional edits be made to the Ordinance. An ordinance has been drafted to address these concerns by the Planning Commission and is included with this memo as Option 1 (Exhibit A). The following requests were made by the Commission: M:\Public Data\City Council\Council Packet inform ation\2008\09-02-08\09 02 2008 8-H-1 Business Wall Signs PC Memo and Ord.ddocrr77 Agenda Item No. Q.H.1. . Meeting Date September 2, 2008 55 Mayor and Council Communication — August 21, 2008 Planning - Business Wall Signs Ordinance Amendment NORTNW[ST ASSOCIATED DONSY tiKH TS, INC. Page 2 of 11 Parking Lots: • Add the language: "or Parking Lot" to "Signage on Walls Abutting a Public Right - of -Way". The language shall read: "Signage on Walls Abutting a Public Right -of - Way or Parking Lot' or "Signage on Walls Not Abutting a Public Right -of -Way or Parking Lot' o This was to address those businesses within buildings that do not directly abut a public right-of-way or street, but instead directly abut a parking lot. Include Windows and Doors: Instead of the language: "minus windows and doors," the request was to add: "including windows and doors" o This was to allow windows and doors to be included when calculating the area of a wall to determine the amount of signage allowed. This would allow for more signage for each business Option 2 Staff Response: After review of the Planning Commission recommendations, staff offers an ordinance has been drafted to address the concerns by staff and is included with this memo as Option 2 (Exhibit B). The following items were raised as concerns: Parking Lots: • Many of the existing multi -occupancy buildings that abut parking lots were approved through the PUD process, in which special provisions were applied to each individual situation (Ex: Outlet Mall). • Adding the language to include tenants abutting parking lots opens up a wide array of businesses that could be included in this category and may allow an over -abundance of signage. o For example, a business that contains one wall abutting a public right-of- way could easily have another wall that abuts a parking lot (Ex: an end unit tenant in a multi -occupancy building). This would mean that this tenant would be allowed up to 15% of each wall surface for signage. • The Ordinance still requires a Comprehensive Sign Plan for multi -tenant buildings. The Comprehensive Sign Plan addresses individual tenant signage and does not require it to face public right-of-way. The Comprehensive Sign Plan allows signage toward parking lots. Exclude Windows and Doors: • Windows and doors already have a separate allowance for signs, therefore, there is no need to include windows and doors in calculating the area of a wall. Hence the reason for "minus windows and doors." • The regulation to not include windows and doors in calculating the area of a wall seems to have been working as this is how it has been applied in the past. M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-1 Business Wall Signs PC Memo and Ord.ddoc Agenda Item No. 8. H.1.. Meeting Date September 2, 2008 56 Mayor and Council Communication — August 21, 2008 Planning - Business Wall Signs Ordinance Amendment NYRTNWFST ASSYCIAT50 CO NSY IiAN iS, INC. Page 3 of 11 The "True Value" example (Exhibit C) displays 15% of the individual tenant walls (minus windows and doors). The 15% of tenant fact has worked successfully within the Outlet Mall's Comprehensive Sign Plan. RECOMMENDATION Each of the proposed options expand signage opportunities above the current regulations. The Planning and Zoning Commission should recommend approval to the City Council of one of the two options which they feel best addresses this sign issue, relating to wall signs accessory to single occupancy commercial or community store uses, signs accessory to single occupancy industrial uses, and accessory signs for multiple occupancy, commercial and industrial uses, including shopping centers, as stated in the attached Ordinance amendment options. Staff recommends Option 2. Encl: Exhibit A: Option 1 Exhibit B: Option 2 Exhibit C: "True Value" Example cc: Bridget Miller Jon Sutherland Tori Leonhardt Mike Couri Adam Nafstad M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-1 Business Wall Signs PC Memo and Ord.doc Agenda Item No. 8. H. L Meeting Date September 2, 2008 57 OPTION 1 — PLANNING COMMISSION RECOMMENDATIONS CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.: 2008- AN ORDINANCE AMENDING SECTION 10-7-8 OF CHAPTER 7, RELATING TO WALL SIGNS ACCESSORY TO SINGLE OCCUPANCY COMMERCIAL OR COMMUNITY STORE USES; SINGLE OCCUPANCY INDUSTRIAL USES; MULTIPLE OCCUPANCY, COMMERCIAL AND INDUSTRIAL USES, INCLUDING SHOPPING CENTERS. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 10-7-8.A.1., relating to the clarification of front wall signs, the number of signs allowed, and the total allowable wall sign area for walls abutting a public right-of-way or parking lot for single occupancy commercial or community store uses, is hereby amended to read as follows: Fr^r* Alal dins! Signage on Walls Abutting a Public Right -of -Way or Parking Lot: a. Not more than two (2) signs sha4l be pefmiaed en the fient wall of any pr-imeipal building. The total area of two (2) signs shall not emeeed fifteen per-eent 0 ) of the wall afea. One sign may be a ehangeable Message board (ineluding reader- bear-ds/ehangeable bamer-s) giat is 4-af ed to define its per-ifneter-. (Oyd2005 -04, 75-2005)-Signagplace d- on a wall abutting a public right-of-wav or parking lot shall not exceed fifteen percent (15%) of the wall area (including windows and doors). One sign may be a changeable message board (including reader boards/changeable banners) that is framed to define its perimeter. b. Fr-efA wall s Signage placed on a wall abutting a public right-of-way or parking lot, if illuminated, shall be by shielded illumination, shielded silhouette lighting or shielded spot lighting but not any lighting where the light source itself is visible or exposed on the face or sides of the characters. c. Front �•�all sib Signage placed on a wall abutting, a public right-of-wav or parking lot may be gaseous tube or may be illuminated by interior means of lighting of an intensity to prevent excessive glare and shall comply with the regulations established in section 10-7-7 of this chapter. SECTION 2. Section 10-7-8.A.2., relating to the clarification of side and rear wall signs, the number of signs allowed, and the total allowable wall sign area for walls not abutting a public right-of-way for single occupancy commercial or community store uses, is hereby amended to read as follows: 4 OPTION 1 — EXHIBIT A City of Albertville County of Wright State of Minnesota 2. Side And Rear- Wall Signs: A sign or- signs sha4l be pefmitted on the rear- afl&er- side wall of arry-pr. ipal building, subject to the following regulations.-- Signage on Walls Not Abutting a Public Right -of -Way or Parking Lot: A sign or signs shall be permitted on those walls not abutting a public right-of-way or parking lot of M principal building subject to the following regulations: a. No rear- of side wall signs, other than a sign pr-evided in subseefien A2b of this The total aiva of sueh rear- or- side wall sign or- signs shall not eKeeed nine (9) square feet. shall malre use of any war-d, plffase, syff�bel or- ehar-ae4ef other- than to designate deliver-y areas. Signage placed on a wall not abutting a public right-of-wayor parking lot other than a sign provided in subsection A.2.c of this section shall be of directional and/or delivery purpose only. b. Notwithstanding subseetien A2a of this , use in the pr-ineipal building opens en a side wall, or- en a rear- wall, the applieai:A sha4l be subteen -of this seetien. (Amended Ord. 1987 3, 10 19 1987)The total area of each sign or signs shall not exceed nine () square feet per access door. c. Notwithstanding Subsection A.2.a of this Section if the main entrance/exit to a particular use in the principal building opens on a wall not abutting a public right-of-way or parking lot, the applicant shall be permitted to sign the walls not abutting a public right-of-way or parking lot in accordance with the provision of Subsection A. l of this Section SECTION 3. Section 10-7-8.C.1., relating to the clarification of front wall signs, the number of signs allowed, and the total allowable wall sign area for walls abutting a public right-of-way or parking lot for single occupancy industrial uses, is hereby amended to read as follows: R ePA WA Signs- Signage on Walls Abutting a Public Right -of -Way or Parking Lot: a Not more tuih ll be ..o,.mit4ed o the ient "'�i4 of aff P==== pal building. The tetal area of s eh s�!}noteyweed two hundred (200) squarereet. Signage placed on a wall abutting a public right-of-way or parking lot shall not exceed two hundred (200J square feet or ten percent (10%) of the wall area (including windows and doors), whichever is less. b. Fr-epA wall s Signage placed on a wall abutting a public right-of-way or parking lot, if illuminated, shall be by shielded illumination, shielded silhouette lighting, or shielded spot lighting but not any lighting where the light source itself is visible or exposed on the face or sides of the characters. c. Rei4 wa4l s Signage placed on a wall abutting a public right-of-way or parking lot may be gaseous tube or may be illuminated by interior means of lighting of an intensity to prevent excessive glare and shall comply with the regulations established in section 10-7-7 of this chapter. SECTION 4. Section 10-7-8.C.2., relating to the clarification of side and rear wall signs, the number of signs allowed, and the total allowable wall sign area for walls not abutting a public right-of-way for single occupancy industrial uses, is hereby amended to read as follows: OPTION 1 — EXHIBIT A 59 City of Albertville County of Wright State of Minnesota 2. Side And Rear- Wall Signs. A sign E)r- signs shall be peEmitted on the rear- an&er side wall of , . .ripal building,-s*ee4 to the fo"^«'i„g ' +' Signage on Walls Not Abutting a Public Right -of -Way or Parking Lot: A sin or signs shall be permitted on those walls not abutting a public right-of-waA of gny principal building, subject to the following regulations: a. No r-ear- or- side wall signs, other- than a sign provided in stibseetion A2b of this The total area ef such r-ear- er side wall sign or- signs shall not exeeed nine (9) squafe ��. shall make use of any word, phfase, symbol or- eha-r-aeter- other- than to designate delivef ems. Signage placed on a wall not abutting a public right-of-way or parking lot other than a sign provided in subsection C.2.c of this section shall be of directional and/or delivery purpose only. b. Netv4thstandiag subseetion A2a of this seetion, if the main epAfanee/exit to a pai4ietil use in the pr-ineipal building opens on a side wall, or- en a Year- wa4l, the appheaR4 sha4l be pefmiAed to sign the side or r-ear- wall in aeeer-danee v4th the front wa4l sign provision e subseetio A! d Or 1987 � 1 n 19 1 987 The total area of es�eEtie�de��z �� each sign or signs shall not exceed nine (9)square feet per access door. c. Notwithstanding Subsection C.2.a of this section if the main entrance/exit to a particular use in the principal building opens on a wall not abutting a public right-of-waoror parking lot, the applicant shall be permitted to sign the walls not abutting a public right-of-way in accordance with the provision of subsection C.1 of this Section. SECTION 5. Section 10-7-8.D.3, relating to the clarification of front wall signs, the number of signs allowed, and the total allowable wall sign area for walls abutting a public right-of-way or parking lot for multiple occupancy, commercial and industrial uses, including shopping centers, is hereby amended to read as follows: 3. Wall Signs- Signage on Walls Abutting a Public Right -of -Way or Parking Lot: a. The teta4 allowable sign area for- a multiple eeeupaney s4ueture shall not emeeed fifteeft dis+, etsor- to per-eent (1 noi) in in"str-ial distr-iets. The allowed wall sign area for a multiple occupancy structure shall be calculated for each tenant separately. The allowed wall sign area for each tenant shall not exceed fifteen percent (15%) of the individual tenant's wall surface(s) abutting a public right-of-waor parking lot (including windows and doors) in commercial districts (or ten percent (10%) in industrial districts. b. No m triple st e4ffe ri, display fnere than + (2) 11 b 'ld' ..,. �.., ..�»�...t.�v vvviiY �.uivy .�u uv�...iv iuu� idenli fieat e b.Individual tenants located within multiple occupancy structures, other than shopping centers, shall not be permitted to display individual signs, except for tenants which have separate exterior entrances to their use or tenants in shopping centers, in whneh oast mer-e than a be displayed d No individual sign may o ^d one hundred (1 00) .quar-e f + in e. A delivery sig )t eKeeeding nine (9) squaf-e feet in area may be leeated en t side or -Year- wa14 effestwuleetufe. (Amended ended Or-d.. ' 987 3, 10 19 1987) 6 OPTION 1 — EXHIBIT A City of Albertville County of Wright State of Minnesota SECTION 6. Section 10-7-8.D.4., relating to the number of signs allowed and the total allowable wall sign area for walls not abutting a public right-of-way or parking lot for multiple occupancy, commercial, and industrial uses, including shopping centers, is hereby amended to read as follows: 4 Gket,,a Sig Signage on Walls Not Abutting a Public Right -of -Way or Parking Lot: A sign or signs shall be permitted on those walls not abutting a public right-of-way or parking lot of any principal building, subject to the following regulations: a. Signage placed on a wall not abutting a public right-of-way or parking lot shall be of directional and/or delivery purpose only. b. The total area of each sign or signs shall not exceed nine (9)square feet per access door. 5. Ground Signs: This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this day of August 2008. Ron Klecker, Mayor Bridget Miller, City Clerk 7 OPTION 1 — EXHIBIT A 61 OPTION 2 — STAFF RECOMMENDATIONS CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.: 2008- AN ORDINANCE AMENDING SECTION 10-7-8 OF CHAPTER 7, RELATING TO WALL SIGNS ACCESSORY TO SINGLE OCCUPANCY COMMERCIAL OR COMMUNITY STORE USES; SINGLE OCCUPANCY INDUSTRIAL USES; MULTIPLE OCCUPANCY, COMMERCIAL AND INDUSTRIAL USES, INCLUDING SHOPPING CENTERS. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 10-7-8.A.1., relating to the clarification of front wall signs, the number of signs allowed, and the total allowable wall sign area for walls abutting a public right-of-way for single occupancy commercial or community store uses, is hereby amended to read as follows: Front Wall Signs. Signage on Walls Abutting a Public Right -of -Way a. Not mefe tha* two (2) signs shall be pefmitted on the ffeftt wail of any prineipal building. The total afea of two (2) signs shall not exeeed fifteen per-eei# 0 ) of the waR area. One sign may be a ehangeable message board (ineluding reader- baar-ds�ehangeable , anaer-s) that ;s framed to define ts perimeter-. (8fd. 2005-04;7 5 2005)-Signage placed on a wall abutting a public right-of-way shall not exceed fifteen percent (15%) of the wall area (minus windows and doors). One sign_may be a changeable message board (including reader boards/changeable banners) that is framed to define its perimeter. b. Front wall s Signage placed on a wall abutting a public right-of-way, if illuminated, shall be by shielded illumination, shielded silhouette lighting or shielded spot lighting but not any lighting where the light source itself is visible or exposed on the face or sides of the characters. C. Fr^n* wa4 sign Signage placed on a wall abutting a public right-of-way may be gaseous tube or may be illuminated by interior means of lighting of an intensity to prevent excessive glare and shall comply with the regulations established in section 10-7-7 of this chapter. SECTION 2. Section 10-7-8.A.2., relating to the clarification of side and rear wall signs, the number of signs allowed, and the total allowable wall sign area for walls not abutting a public right-of-way for single occupancy commercial or community store uses, is hereby amended to read as follows: 2. Side Azad Rear- Wall Signs! A sign or- signs sha4l be peffflit4ed on the rear- and/or- side wall of Signage on Walls Not Abutting a 8 OPTION 2 — EXHIBIT B 62 City of Albertville County of Wright State of Minnesota Public Right -of -Way: A sign or signs shall be permitted on those walls not abutting a public right-of-wav of any principal building subject to the following regulations: a. No fear- er- side wa4l signs, othef than a sign pfevided in subseefien A2b of this The total area of sueh rear- or- side wall sign of signs shall net emeeed nine (9) squafe feet. sha4l make use ef any wefd, phfase, symbol of ehafaeter- ethef than to designate delivefy areas. Signage placed on a wall not abutting a public right-of-wav other than a sign provided in subsection A.2.c of this section shall be of directional and/or delivery moose only, b. use in the prineipa4 building opens on a side wall, er- on a fear- wa4l, the appheant shall be pefmit4ed to sign the side of- rear- wall in aeeer-danee with the front wall sign provision 0 subseefie A! of this seetie ended Or-d.19873, 1�-19 19-87-)The total area of each sign or signs shall not exceed nine (9) square feet per access door. c. Notwithstanding Subsection A.2.a of this Section if the main entrance/exit to a particular use in the principal building opens on a wall not abutting a public right-of-waythe gpplicant shall be permitted to sign the walls not abutting a public right-of-way in accordance with the provision of Subsection A.1 of this Section SECTION 3. Section 10-7-8.C.1., relating to the clarification of front wall signs, the number of signs allowed, and the total allowable wall sign area for walls abutting a public right-of-way for single occupancy industrial uses, is hereby amended to read as follows: 1. Ffent Wall Signs;- Signage on Walls Abutting a Public Right -of -Way: a. Not more th .- ,hall be pefmitted on the ftepA wall of any prineipal building. The teta4 area of stieh sign shall not exeeed two 4undfed (200) squme feet. Signage placed on a wall abutting a public right-of-way shall not exceed two hundred (200) square feet or ten percent (10%) of the wall area (minus windows and doors) whichever is less b. Front «ra'�.all-sib Signage placed on a wall abutting a public right-of-way, if illuminated, shall be by shielded illumination, shielded silhouette lighting, or shielded spot lighting but not any lighting where the light source itself is visible or exposed on the face or sides of the characters. c. Front -wall signs Signage placed on a wall abutting a public right-of-way may be gaseous tube or may be illuminated by interior means of lighting of an intensity to prevent excessive glare and shall comply with the regulations established in section 10-7-7 of this chapter. SECTION 4. Section 10-7-8.C.2., relating to the clarification of side and rear wall signs, the number of signs allowed, and the total allowable wall sign area for walls not abutting a public right-of-way for single occupancy industrial uses, is hereby amended to read as follows: 2. Side And Rear- ATA Signs. A sign or- signs sha4l be pefmiRed on the rear- andier- side wall of Signage on Walls Not Abutting a 9 OPTION 2 - EXHIBIT B 63 City of Albertville County of Wright State of Minnesota Public Right -of -Way: A sign or signs shall be permitted on those walls not abutting a public right-of-way of any principal building, subject to the following regulations: a. No r-ear- or side wall signs, other- than a sign provided in stibseetion A2b of this The total area of sueh r-ear or- side wall sign or- signs shall not exeeed nine (9) squafe feet. areas. Signage placed on a wall not abutting a public right-of-way, other than a sign provided in subsection C.2.c of this section shall be of directional and/or delivery purpose only. b. , if the main en4r-ane&exit to a paftie� use in the pr-ineipal building opens on a side wa4l, or- en a r-ear- wa4l, the appliean4 shall be pefmifted ie sign the side or- r-ear wall in aeeer-daflee with the front wall i - ' neon A! of this seeti9�ended-9r�To — 1��-?�� The total area of each sign or signs shall not exceed nine (9) square feet per access door. c. Notwithstanding Subsection C.2.a of this section if the main entrance/exit to aparticular use in the principal building opens on a wall not abutting a public right-of-wav the applicant shall be permitted to sign the walls not abutting a public right-of-way in accordance with the provision of subsection C.1 of this Section. SECTION 5. Section 10-7-8.D.3, relating to the clarification of front wall signs, the number of signs allowed, and the total allowable wall sign area for walls abutting a public right-of-way for multiple occupancy, commercial and industrial uses, including shopping centers, is hereby amended to read as follows: Wall Si nT Si�nage on Walls Abutting a Public Right -of --Way a. The total a4lowable sign area for- a multiple eeeupaney strueWr-e shall not exceed fiftee ) of the eembined wall surfaees on walls whieh abut streets in eommer-eial. gist, non to pereen (10-%) in indusstrial distriets. The allowed wall sign area for a multiple occupancy structure shall be calculated for each tenant separately. The allowed wall sign area for each tenant shall not exceed fifteen percent (15%) of the individual tenant's wall surface(s) abutting a public right-of-wav (minus windows and doors in commercial districts (or ten percent (10%) in industrial districts] h Ne multiple eeoupaney stru.4„ may display more diafl t (2) over-all building Eb.Individual tenants located within multiple occupancy structures, other than shopping centers, shall not be permitted to display individual signs, except for tenants which have separate exterior entrances to their use or tenants in shopping centers_, in whieirease, not. more than .,, ,,, ,I, be displayed. d. No indiyid,,,alsign inay Viiexeeea � V111, NL1Qa a (1 nmsquare feet u side or- rr-earrwa14 of-ttte Stntntufe. (Amended Or`' 1a 987 3, 1- 10 19 1987) SECTION 6. Section 10-7-8.D.4., relating to the number of signs allowed and the total allowable wall sign area for walls not abutting a public right-of-way for multiple occupancy, 10 OPTION 2 - EXHIBIT B WE City of Albertville County of Wright State of Minnesota commercial, and industrial uses, including shopping centers, is hereby amended to read as follows: 4. Signage on Walls Not Abutting a Public Right -of -Way' A sign or signs shall be permitted on those walls not abutting_a public right-of-wayof M principal building subject to the following regulations: a. Signage placed on a wall not abutting a public right-of-way shall be of directional and/or delivery purpose only. b. The total area of each sign or signs shall not exceed nine (9) square feet per access door 5. Ground Signs: This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this day of August 2008. Ron Klecker, Mayor Bridget Miller, City Clerk 11 OPTION 2 — EXHIBIT B 65 Nlbertville s� Tauxs urine. ft esa, ui.. Mayor and Council Communication August 21, 2008 SUBJECT: 0 PLANNING - PARKSIDE COMMERCIAL CENTER REZONING FROM B-2A SPECIAL BUSINESS DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion approve Ordinance Number 2008-008 entitled an Ordinance amending the official Zoning Map of the City of Albertville, relating to the property at Parkside Commercial Center, located west of CSAH 19 and north of 57th Street NE. BACKGROUND: The Planning and Zoning Commission met and held a public hearing on Tuesday, August 12, 2008, to consider the rezoning request from Trident Development, on behalf of Merlin Bird Properties, LLC. The site is currently zoned B-2A, Special Business District, and the request is to rezone the site to PUD, Planned Unit Development District, in order to expand the permitted uses on the site. Upon review of the staff report and hearing public testimony, the Planning and Zoning Commission recommended that the City Council approve the rezoning request for Parkside Commercial Center from B-2A, Special Business District, to PUD, Planned Unit Development District, subject to the conditions outlined in Ordinance No. 2008-008. Retail uses, retail sales of bakery goods, and convenience foods were not recommended as allowed uses by the Planning and Zoning Commission in the Parkside Commercial Center. Respectfully submitted, C �cc Alan Brixius City Planner Department/Responsible Person: Planning/City Planner Al Brixius Attachments: Ordinance No. 2008-008 and City Planner's Report dated August 7, 2008 M:\Public Data\Requests for Council Actions (RCA)\2008\09 02 2008 8-H-2 RCA Parkside Commercial. doc Agenda Item No. 0...[.l..2. Meeting Date September 2, 2008 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners@naeplanning.com PLANNING REPORT TO: Larry Kruse, City Administrator FROM: Carie Fuhrman / Alan Brixius DATE: August 7, 2008 RE: Albertville Premier Development Group, Inc./ Merlin Bird Properties, LLC — Rezoning for Parkside Commercial Center NAC FILE: 163.06 — 08.11 .BACKGROUND Trident Development, on behalf of Merlin Bird Properties, LLC, has applied for a change of zoning for Parkside Commercial Center, located west of Highway 19 and north of 57th Street Northeast — at 10900 to 11004 57th Street Northeast (See Exhibit A). The property is 5.33 acres in size and is legally described as Lot 2, Block 1, Parkside Commercial Center. The site is currently zoned B-2A, Special Business District, and the request is to rezone the property to PUD, Planned Unit Development District, in order to expand the permitted uses on the site. Merlin Bird Properties, LLC has signed a contingent Purchase Agreement with the current property owners, Premier Development Group, Inc. Merlin Bird Properties, LLC would like to expand the permitted uses allowed on the subject property. ANALYSIS The subject property, Parkside Commercial Center, received Conditional Use Permit/ Planned Unit Development and Site Plan approval on May 16, 2005 for three office buildings. At that time, the Zoning Ordinance allowed for Commercial PUDs in the 13- 2A District through the conditional use permit process and subject to the requirements of Section 2700 of the Zoning Ordinance. Since then the CUP/PUD was repealed in favor of a PUD Zoning District. M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-2 Parkside Rezoning PC Report.doc Agenda Item No. 8. H.2. Meeting Date September 2, 2008 Mayor and Council Communication — August 21, 2008 Planning — Parkside Commercial Rezoning NORTXWEST ASSOCI4TE0 CON SU ITAN i3, INt. Page 2 of 11 In 2005, the applicant's proposal was an office condominium. The developer proposed that the building be managed through an office condominium arrangement. With respect to the adjoining residential land uses, the developer's site design and staff comments emphasized the need to buffer the adjoining neighborhoods from the commercial activities through building design, building orientation, parking arrangements, and landscaping. At that time, it was also suggested by staff that the City may wish to restrict the type of uses within the CUP/PUD to professional office uses, clinics, or personal or on -site services. This ensured that no other high volume retail type of use that may impact the overall site such as those businesses that require a high degree of truck traffic or storage from occupying space within the buildings. The CUP/PUD was approved subject to the condition that the uses within the buildings would be limited to a specific list of uses, as shown below in the table: Approved Uses for Parkside Commercial Center Buildin s: General Office Medical Use .. Personal Service Use Insurance Agency General Practice Physician Hair & Beauty Salon • no nails only Travel Agency Dental Practice Student Learning Center Accounting/Bookkeeping firms Medical Specialty Use Physical Therapy Management companies Eye Care Offices • with associated retail products Physical Fitness • limited to 2,000 SF max Bank/Credit Union/DepositoryUnion/Depository Institutions Orthodontist Occu ational Therapy Financial Planner Chiro ractic Investment Banker Psych iatric/Fa m ilCounseling Loan Production Office Hearing aid examination • with associated retail products Appraisal Firm Other medical or dental related use • as may be approved by City Title Insurance Company Mortgage Loan Company Small Loan Company Realty Company/Agency Real Estate Development Office Architectural Firm Engineering Firm Laboratory/Research Offices Telemarketing Collection Agency The property currently contains one, single -story office building-14,830 square feet in size —and one continuous asphalt parking lot with 162 parking spaces. All parking lot lighting, trash enclosures, and underground utilities have been completed. Some M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-2 Parkside Rezoning PC Report.doc Agenda Item No. O. H.2. Meeting Date September 2, 2008 Mayor and Council Communication — August 21, 2008 Planning — Parkside Commercial Rezoning NOETHWEST ASSOCIRf EO CONSU LTRNTS, INC. Page 3 of 11 landscaping has been finished, but not all of it has been installed. According to the Conditional Use Permit/Planned Unit Development Agreement for Parkside Commercial Development, which was signed July 26, 2005, the Developer shall construct all on- and off -site improvements including... All yard areas shall be sodded with grass or landscaped in accordance with the attached Landscape Plan ... Said on- and off -site improvements shall be installed no later than October 31, 2006, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. Staff is recommending that the improvements as detailed on the Landscape Plan be installed before any more improvements shall be allowed on the site, including allowing additional tenants in the existing building, constructing additional building(s), and so on, with a final deadline of landscape improvements to be completed prior to reduction of their letter of credit. At this time, the applicant wishes to expand the list of approved uses for the site, but is currently limited by the existing CUP/PUD conditions. Since 2005, an amendment to the Zoning Ordinance was made, which no longer allows for CUP/PUDs. Therefore, the applicant can not simply apply for an amendment to the CUP/PUD. Instead, the City has asked the applicant to apply for a change of zone to rezone the site to Planned Unit Development. Rezoning the property to PUD would establish this site as a Planned Unit Development District, which is conforming to the existing Zoning Ordinance and would allow the applicant to establish a wider variety of allowed uses. The applicant is requesting to broaden the range of land uses allowed in the Parkside Commercial Center. Besides the already -approved uses in the original Conditional Use Permit, the applicant is proposing to allow additional specific uses in each individual building at Parkside Commercial Center. As was stated earlier, only one of the three proposed buildings has been constructed. The following table illustrates the proposed uses that the applicant would like to see allowed within each specific building: Proposed Uses for Parkside Commercial Center Buildings: (As proposed by Applicant) #10904 57 Avenue NE #10900 57 Avenue NE #11004 57 Avenue NE Animal Veterinary Clinics Animal Veterinary Clinics Animal veterinary clinics • Small animal • Small animal • Small animal • No pet boarding • No pet boarding No pet boarding Government and public related Government and public related Government and public related office use office use office use Service business Service business Service business • On -site service only . On -site service only • On site services only Assembly Use Assembly Use Convenience food M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-2 Parkside Rezoning PC Report.doc Agenda Item No. 8.H.2. Meeting Date September 2, 2008 70 Mayor and Council Communication — August 21, 2008 Planning — Parkside Commercial Rezoning NORTHWEST ASSOCIATED CONSULTANTS, INC. Page 4 of 11 • Leasehold occupancy only • Leasehold occupancy only Must obtain Conditional Use • Assembly use floor area not to • Assembly use floor area not to Permit prior to occupancy exceed 1,500 SF exceed 1,500 SF • No planned outdoor activities • No planned outdoor activities allowed allowed • Satisfactory arrangement for • Satisfactory arrangement for parking are provided parking are provided Bakery goods and baking of goods for retail sales on premises Allowing additional uses brings up questions, concerns, and potential effects on the area, which staff shall address in the following section: M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-2 Parkside Rezoning PC Report.doc Agenda Item No. 8.1..[..2. Meeting Date September 2, 2008 71 Mayor and Council Communication — August 21, 2008 Planning — Parkside Commercial Rezoning NORTHWEST A450CIATEU CONSULTANTS. INC. Page 5 of 11 1) Animal Veterinary Clinics: The applicant is proposing to allow Animal veterinary clinics (small animal) (no pet boarding) in all three buildings (#10904, 10900, and 11004). The B-2A District currently allows Animal veterinary clinics (small animal) (with no overnight care), as regulated by chapter 2300 of this ordinance, as a permitted use. According to the Zoning Ordinance Definition Section (200.2), a veterinary clinic is defined as those uses concerned with the diagnosis, treatment, hospitalization, surgery and medical care of animals, which place is owned and operated by a licensed veterinarian. Medical uses (general practice physician, dental practice, eye care offices, and so on) are already approved uses in the existing conditional use permit. Staff believes that veterinary clinics would produce similar traffic counts and would operate at similar hours as other medical use buildings. Staff is recommending that the proposed allowed use match the allowed use language in the B-2A District, along with the applicant's added condition of no pet boarding. Therefore, it shall read as follows.- Animal veterinary clinics (small animal) (with no overnight care) (no pet boarding, as regulated by chapter 2300 of this ordinance. Z Government and Public Related Office Use: The applicant is proposing to allow Government and public related office use in all three buildings also. The B-2A District currently allows Government and public related utility buildings and structures as a permitted use. According to the Zoning Ordinance Definition Section (200.2), public uses are defined as uses owned or operated by municipal, school districts, county, state, or other governmental units. The applicants are proposing only office uses associated with the government and public; therefore, uses such as utility buildings are not being proposed, which could possibly bring additional truck traffic and additional nuisance issues. A list of specific general office uses (insurance agency, travel agency, accounting firm, appraisal firm, financial planner, architectural firm, and so on) is already approved for Parkside Commercial Center as a part of the existing conditional use permit, and staff does not believe that additional government or public related offices would add any nuisance issues. 3) Service Business Uses (on site services only): The applicant is proposing to allow service business uses (on site services only) in all three buildings. The B-2A District currently allows service business — on site and off site as a permitted use. The Zoning Ordinance defines "Service Business, On Site" as an establishment that provides services related to maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks (not including drive -through facilities), copy M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-2 Parkside Rezoning PC Report.doc Agenda Item No. 8.H.2. Meeting Date September 2, 2008 72 Mayor and Council Communication — August 21, 2008 Planning — Parkside Commercial Rezoning X04TXWEST A330 CI ATFO OXSU LiAN TS INC Page 6 of 11 centers, laundromats, dry cleaners, funeral homes and mortuaries, appliance repair, tailor shops, and travel bureaus (200.2. P.) In addition to the list in the Ordinance definition, the following are examples of on -site service uses that could be allowed,: advertising consultants, personnel/staffing services, copy/printing services, event planning, photography studios, electronic repair, and so on. On -site service businesses have a fairly broad range of uses. Some of the uses (i.e., photography studio, copy centers, tailor shop, travel bureaus) have similar characteristics of the currently permitted office or personal service uses. In this regard, they would be acceptable. However, other service uses such as Laundromat, dry cleaners, and funeral homes will raise concerns for traffic volumes and nuisance issues related to noise or odors. If the Planning Commission and City Council are open to allowing on -site service businesses, staff would recommend that the City limit the range of service businesses through a specific list of uses or a list of general criteria that defines the types or characteristics of service businesses that may be acceptable. For ease of enforcement, staff would recommend a specific list of services of businesses to avoid confusing interpretation. 4) Assembly Use: The applicant is proposing to allow Assembly Uses in Building #10904 and 10900, provided the following conditions are met: 1) leasehold occupancy only; 2) assembly use floor area not to exceed 1, 500 square feet, 3) no planned outdoor activities allowed, and 4) satisfactory arrangements for parking are provided. The Assembly Use is to accommodate the New Horizon Church as a lessee within one of the buildings. The Assembly Use may also include classrooms for professional training, staff assembly locations of off -site employees, etc. In discussion with the applicant, staff expressed the following concerns for large assembly uses: traffic, site access and egress, proper parking for the entire mixed use PUD, concerns for outdoor issues (loitering or outdoor events) related to the proximity to the residential neighborhoods, and size of potential assembly use. In response, the applicant has provided conditions to mitigate the aforementioned issues: M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-2 Parkside Rezoning PC Report.doc Agenda Item No. 8. H..2. Meeting Date September 2, 2008 73 Mayor and Council Communication — August 21, 2008 Planning — Parkside Commercial Rezoning NORTHWEST ASSOCI pf EO <ON SULT0.NT5, INC. Page 7 of 11 a. Leasehold occupancy only. This provision avoids the issue of ownership and outgrowing the assembly capacity of the location. It provides some ease in the relocation of the use. b. Assembly Use floor area shall not exceed 1,500 square feet. This is to limit the size of the assembly facility to avoid overwhelming the site. The Planning Commission should discuss the size. Staff would also recommend that the Assembly Use be accessory to office uses leased on the site. With this condition, we may avoid such uses as banquet halls or conference centers that are more transient type uses. C. No planned outdoor activities. This is intended to insure all assembly events must occur within the building. An issue raised related to New Horizon's evening bible studies is the potential for group loitering outside the building while awaiting rides home. We would suggest removing the word "planned" from this criteria. d. Satisfactory arrangements for parking are provided. This standard is intended to limit the size, number, or timing of assembly land uses or events at the Parkside Commercial lot. This site was approved based on office land uses and large Assembly Uses that would conflict with other businesses within the site by creating traffic/parking concerns that would not be acceptable. To better clarify this suggested condition, staff would recommend that it read as follows: The Assembly Use shall not conflict or result in a parking shortage within the PUD site per the Albertville parking requirements. If Assembly Uses are determined to be acceptable, the PUD agreement should include the following definition: "Assembly Use: An accessory use to an office business where people come together, congregate or meet for the purpose of training, conducting business, education, or counseling." 5 Retail: The applicant is proposing to allow retail uses in Building #11004 (the east building) only. The Zoning Ordinance provides a definition for retail business: an establishment engaged in the display and sale of products produced off site directly to consumers within a building or portion of a building excluding any exterior display and sales (200.2.N.). Retail businesses are a permitted use in the B-2A District. However, when the original conditional use permit was approved for Parkside Commercial Center, it was approved to be managed through an office condominium arrangement, with the approved uses restricted to general office uses, medical uses, and personal service uses. This was done to ensure that no other high volume retail type of use that could impact the overall site, such as those businesses that require a high degree of truck M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-2 Parkside Rezoning PC Report.doc Agenda Item No. 8. H.2. Meeting Date September 2, 2008 74 Mayor and Council Communication — August 21, 2008 Planning — Parkside Commercial Rezoning NORtNWfST ASSOCI AtFU CONSVLTANiS, ANC. Page 8 of 11 traffic or storage, would occupy the space within the buildings (Planning Report, dated April 6, 2005). The applicant would limit the retail uses to just the eastern most building. This is the smallest of the three proposed buildings and provides the greatest separation from the adjoining residential neighborhoods. This building abuts Casey's Convenience Store which is a retail land use. The retail parking is the same as the parking standards for office land uses. In this regard, the site will have adequate parking. The site plan will need to demonstrate truck access, truck maneuvering, and delivery locations in the event that this building has a retail tenant. Staff would recommend that if this future building becomes a retail location, property owners be required to go through the site and building plan review process before Planning Commission and City Council review to ensure the site design can accommodate truck deliveries. The applicant will need to demonstrate truck circulation patterns throughout the site. 6) Bakery Goods and Baking of Goods for Retail Sales on Premises: The applicant is proposing to allow Bakery good and baking of good for retail sales on premises in Building #11004 only. See retail comments. 7) Convenience Food: The applicant is proposing to allow Convenience food, subject to terms of a Conditional Use Permit obtained prior to occupancy in Building #11004 only. The Zoning Ordinance Definition Section states that a convenience food establishment is an establishment which serves food in or on disposable or edible containers in individual servings for consumption on or off the premises (200.2), This proposed use differs greatly from the already -approved uses, which focus on general office, medical use, and personal service use. Related to convenience food use would be concerns for traffic, evening operations, and assembly. It also differs from the other newly proposed uses. If the Planning and Zoning Commission and City Council find that this use is consistent with the Zoning Ordinance, staff would recommend that the Convenience food uses be subject to the approval of a Conditional Use Permit obtained prior to occupancy, as stated by the applicant. RECOMMENDATION M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-2 Parkside Rezoning PC Report.doc Agenda Item No. 8. i 1..2. Meeting Date September 2, 2008 75 Mayor and Council Communication — August 21, 2008 Planning — Parkside Commercial Rezoning NORtHWESi ASSOCIAiFO CONSU LTAN FT IN<, Page 9 of 11 The Parkside Commercial Center site contains unique physical and geographical constraints; including: 1) Single family residential homes on the west boundary; 2) Multi -family residential homes south of 57th Street NE; and 3) A single point access off of 57th Street NE. The original conditional use permit was approved with a list of specific identified uses that were to be allowed within the buildings in order to address concerns raised from numerous neighboring property owners. Those concerns included issues such as headlights, traffic noise, traffic spacing, screening, lighting, and so on. Rezoning the Parkside Commercial Center property to Planned Unit Development and allowing additional uses to be allowed on the site comes down to a policy decision for the City, whether or not they want to broaden the uses allowed on the site or not. The property owners have indicated difficulty in leasing out the existing space, which only includes one of the three buildings currently. Allowing additional uses would hopefully further promote the leasing of the space and full build out of the site. However, neighboring property owners have voiced concerns over the maintenance and upkeep of the existing site (see Exhibit B). As such, the expansion of uses must be sensitive to the compatibility concerns of the neighborhood. If the Planning and Zoning Commission finds that the proposed change of zone and additional uses (as outlined in the above -referenced table) are generally consistent with the Zoning Ordinance, then staff recommends that the Planning Commission recommend approval of the rezoning of Parkside Commercial Center and that the following conditions be required as part of the approval: 1) Landscape improvements must be installed according to. the approved landscape plan and completed prior to release of any letter of credit. 2) The Animal veterinary clinics shall be allowed in all three buildings and shall read as follows: Animal veterinary clinics (small animal) (with no overnight care) (no pet boarding), as regulated by chapter 2300 of this ordinance. 3) The specific service business uses (on -site services only) allowed within each building shall be listed, instead of allowing on -site service businesses in general, and subject to review and approval of the City. 4) A definition of Assembly Use shall be added to the PUD agreement: "Assembly Use: An accessory use to an office business where people come together, M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-2 Parkside Rezoning PC Report.doc Agenda Item No. 8. H..2. Meeting Date September 2, 2008 76 Mayor and Council Communication — August 21, 2008 Planning — Parkside Commercial Rezoning NORTHWEST ARSOCI0.tF0 CONSUL 6NT5, INC. Page 10 of 11 congregate or meet for the purpose of training, conducting business, education, or counseling." 5) Assembly uses shall be subject to a Conditional Use Permit approval obtained prior to occupancy for Buildings #10904 and #10900, provided the following conditions are met: a) Leasehold occupancy only; b) Assembly use shall be accessory to a permitted office use; c) Assembly use floor area not to exceed 1,500 square feet; d) No outdoor activities allowed; and e) The assembly use shall not conflict with or result in a parking shortage within the PUD site per Albertville's parking requirements. 6) The Planning Commission and City Council must determine the appropriateness of any retail uses within the PUD. If acceptable, staff recommends: Retail uses shall be subject to a site and building plan approval obtained prior to occupancy for the #11004 Building. 7) The Planning Commission and City Council must determine the appropriateness of any retail uses within the PUD. If acceptable, staff recommends: Bakery goods and baking of goods for retail sales on premises shall be subject to a site and building plan approval obtained prior to occupancy for the #11004 Building. 8) If the Planning Commission and City Council finds convenience foods acceptable for Building #11004, staff recommends that it be processed as a conditional use permit within the B-2A Zon.ing District. 9) The Common Interest Community (CIC) declaration, by-laws, and related association documents shall be revised as needed and shall be subject to the review and approval of the City Attorney. 10) The Developer's Agreement shall be revised as needed and shall be subject to the review and approval of the City Attorney. Proposed Uses for Parkside Commercial Center Buildings: (As proposed by Applicant with Staffs Recommendations) #10904 571HAve NE #10900 57 Ave NE #11004 57,nAve NE Animal Veterinary Clinics Animal Veterinary Clinics Animal Veterinary Clinics • Small animal • Small animal • Small animal • No pet boarding . No pet boarding • No pet boarding • No overnight care . No overnight care • No overnight care • As regulated by Chapter 2300 • As regulated by Chapter 2300 • As regulated by Chapter 2300 M:\Pub11c Oata\City C;ounci\Council Packet intormation\2008\09-02-08\09 02 2008 8-H-2 Parkside Rezoning PC Report.doc Agenda Item No. 8. H.2. Meeting Date September 2, 2008 77 Mayor and Council Communication — August 21, 2008 Planning — Parkside Commercial Rezoning NORTHWEST ASSOCIATEC CONSULTANTS, INC. Paie 11 of 11 Government and public related Government and public related Government and public related office use office use office use Service business Service business Service business • On -site service only • On -site service only • On site services only • List the specific service • List the specific service o List the specific service businesses allowed businesses allowed businesses allowed -OR- -OR- Allow through Conditional Use • Allow through Conditional Use Permit approval Permit approval Assembly Use Assembly Use Convenience food • Leasehold occupancy only o Leasehold occupancy only • Must obtain Conditional Use • Assembly use floor area not to • Assembly use floor area not to Permit prior to occupancy exceed 1,500 square feet exceed 1,500 square feet • No planned outdoor activities • No planned outdoor activities allowed allowed • Satisfactory arrangement for e Satisfactory arrangement for parking are provided parking are provided • Add a definition of Assembly o Add a definition of Assembly Use to Zoning Ordinance Use to Zoning Ordinance Bakery goods and baking of goods for retail sales on premises Subject to approval Retail Subject to site and building plan approval Encl.: Exhibit A — Site Location Map Exhibit B — Email from Area Property Owner Exhibit C — Site Plan c: Bridget Miller Tori Leonhardt Jon Sutherland Mike Couri Adam Nafstad Applicant: Merlin Bird Properties LLC, 58 South 10th Avenue, Waite Park, MN 56387 Owner: Premier Development Group Inc., 6216 Baker Road, Eden Prairie, MN 55346 M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-2 Parkside Rezoning PC Report.doc Agenda Item No. 8.H.2. Meeting Date September 2, 2008 f CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2008-08 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ALBERTVILLE, RELATING TO THE PROPERTY AT PARKSIDE COMMERCIAL CENTER, LOCATED WEST OF CSAH 19 AND NORTH OF 57TH STREET NE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNEOSTA ORDAINS: SECTION 1. The Albertville Zoning Map shall be amended, relating to property legally described as: Lot 2, Block 1, Parkside Commercial Center SECTION 2. The lot shall be rezoned from B-2A, Special Business District, to PUD, Planned Unit Development District, in order to expand the permitted uses on the site, and subject to the following conditions: 1. All site developments shall be consistent with approved plans for Parkside Commercial Center dated March 15, 2005 and the conditions of City Council approval for said development dated May 16, 2005. 2. The following landscape improvements shall be completed in accordance with the approved Landscape Plan prior to the issuance of any new occupancy permit for the existing building: a) All dead plantings shall be replaced over the entire site. b) The lawn around building #10904 57th Street NE shall be free of invasive weeds. c) The construction debris located south of the existing building shall be cleaned up and removed from the site. d) Applicant shall install the full double row of coniferous trees for the full length of the western property line per the approved Landscape Plan. e) The area surrounding the trash enclosure shall be graded and finished with either a retaining wall, landscaping, and/or a maintainable landscaped ground cover to a finished condition. f) Applicant shall install four deciduous trees along 57th Street NE per the approved Landscape Plan. g) The undeveloped areas of the site shall be reseeded and maintained to control weeds. h) The trash enclosure shall be repaired. M:\Public Data\Ordinances\2008 Ordinances\Drafts\09 02 2008 8-H-2 O 2008-008 (Parkside Commercial Center).doc Agenda Item No. 8.H..2. Meeting Date September 2, 2008 79 City of Albertville County of Wright Ordinance No. 2008-008 Page 2 3. The permitted uses allowed by this rezoning to PUD, Planned Unit Development, are in addition to the original permitted uses (Exhibit A). 4. The Animal Veterinary Clinics shall be allowed in all three buildings (# 10904, #10900, and #11004) and shall read as followings: Animal veterinary clinics (small animal) (with no overnight care) (no pet boarding), as regulated by chapter 2300 of this ordinance. 5. The Government and Public -Related Office Uses shall be allowed in all three buildings (# 10904, # 10900, and # 11004). 6. The Service Business Uses (on -site services only) shall be allowed in all three buildings (# 10904, # 10900, and # 11004) and shall be limited to the approved (and excluded) list of on -site service businesses, attached as Exhibit B. 7. Assembly Uses shall be subject to an Administrative Permit obtained prior to occupancy for Buildings #10904 and #10900, provided the following conditions are met: a. Leasehold occupancy only; b. Assembly use shall be accessory to a permitted office use; c. Assembly use floor area not to exceed 1,500 square feet per building; d. No outdoor activities allowed; and e. The assembly use shall not conflict with or result in a parking shortage within the PUD site per Albertville's parking requirements. 8. A definition of Assembly Use shall be added to the PUD agreement: Assembly Use: An accessory use to an office business where people come together, congregate or meet for the purpose of training, conducting business, education, or counseling. 9. The Common Interest Community (CIC) declaration, by-laws, and related association documents shall be revised as needed and shall be subject to the review and approval of the City Attorney. 10. The Developer's Agreement shall be revised as needed and shall be subject to the review and approval of the City Attorney. This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 2nd day of September 2008. Encls: Exhibit A — Original List of Approved Uses Exhibit B — List of Approved and Excluded Service Businesses M:\Public Data\Ordinances\2008 Ordinances\Drafts\09 02 2008 8-H-2 O 2008-008 (Parkside Commercial Center).doc Agenda Item No. 8. H.2. Meeting Date September 2, 2008 Sok� Ib£Y'tY1tvu£ Mayor and Council Communication August 26, 2008 SUBJECT: PLANNING - NIEMEYER PROPERTIES LLC APPLICATIONS FOR: (1) REZONING FROM I-1 LIMITED INDUSTRIAL TO PLANNED UNIT DEVELOPMENT (PUD) WITH B-W BUSINESS WAREHOUSE DISTRICT STANDARDS APPLYING; (2) A PRELIMINARY PLAT KNOWN AS NIEMEYER TRAILER SALES; (3) CONDITIONAL USE PERMIT TO CONDUCT A TRAILER SALES BUSINESS; (4) CONDITIONAL USE PERMIT TO CONDUCT OUTSIDE STORAGE; AND (5) SITE AND BUILDING PLAN REVIEW RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion approve Ordinance No. 2008-009 entitled an Ordinance amending the official Zoning Map of the City of Albertville, relating to the property at 10172 65th Street NE, located south of Burlington Northern Railroad Right -of -Way, north of 651h Street NE, and east of Kadler Avenue NE; AND Motion approve Resolution No. 2008-045, entitled a Resolution approving a Preliminary Plat known as Niemeyer Trailer Sales; conditional use permit to allow trailer sales and conditional use permit to allow outdoor storage; and a site and building plan review relating to the property at 10172 65th Street NE, located south of Burlington Northern Railroad Right -of -Way, north of 651h Street NE, and east of Kadler Avenue NE. BACKGROUND: The Planning and Zoning Commission met and held a public hearing on August 12, 2008, to consider the following requests from Niemeyer Properties LLC: rezoning from I-1 District to PUD District with BW District standards; a preliminary plat, known as Niemeyer Trailer Sales, to subdivide the property into three lots ; a conditional use permit to conduct motor vehicle sales, leasing/rental, service and repair; a conditional use permit to conduct outside storage; and a site and building plan review. Upon review of the staff report and hearing public testimony, the Planning and Zoning Commission recommended that the City Council approve the rezoning request for Niemeyer Properties LLC from I-1 District, to PUD District, with BW District standards; the Preliminary Plat, known as Niemeyer Trailer Sales; the conditional use permits to allow trailer sales and outdoor storage; and the site and building plan review, subject to the conditions outlined in the Planning Report dated August 7, 2008 and the City Engineer's Report dated July 25, 2008. M:\Public Data\Requests for Council Actions (RCA)\2008\09 02 2008 8-1-1-3 RCA Niemeyer Trailer Sales Prelim Plat, CUP & Zoning Change.doc Agenda Item No. 8.11.3. Meeting Date September 2, 2008 Mayor and Council Communication — August 26, 2008 Niemeyer Trailer Sales Rezoning, Preliminary Plat, Conditional Use Permits, and Site and Building Plan Review Page 2 of 3 On August 20, 2008, staff met with Mr. Tim Niemeyer to discuss outstanding issues related to the Planning and Zoning Commission and staff review. The following issues were raised in the meeting: Outdoor Sales Versus Outdoor Storage: The initial application requested conditional use permits for both a motor vehicles sales lot and outdoor storage. Each of these permits has different performance standards. Outdoor sales lots are required to be paved, but can be visible from adjoining streets. Outdoor storage areas do not require a paved surface, however, outdoor storage areas must be completely fenced and screened from adjoining streets. In review of the submitted site plan, staff assumed that the paved area around the building constituted the requested outdoor sales lot and the unpaved area was outdoor storage. Under this assumption, staff recommended the installation of a screen fence and landscaping around the entire storage area. Mr. Niemeyer indicated that he would like the unpaved area to be used as a sales lot providing site visibility from I-94. In his attached letter of August 21, 2008, he requested flexibility from the City paving standards through the PUD zoning. In our discussion, he indicated that this was cost prohibitive at this time. Staff is concerned with a waiver of the paving requirement in that it would establish a precedent for future motor vehicles sales lots that may want to enter the City. A deferment of the paving to a date specified or a specific event may be acceptable through the PUD, however, a complete waiver raises concerns. The city Council should give direction on this flexibility request. Any outdoor storage would have to be fenced and screened. Parking: The building requires 41 parking spaces based on the City's zoning standards. The revised site plan illustrates 53 potential parking spaces. The applicant does not believe he has need of this amount of parking based on his business history. As such, they area requesting to defer striping all the stalls until such time as additional parking is needed. The site plan should show 16 striped stalls at the front of the building with the balance being proof of parking. Since the entire parking lot will be improved, a deferment in striping all of the parking is acceptable through the PUD. We would, however, recommend that the 16 customer stalls at the front of the building and the six (6) employee parking stalls at the north end of the building be striped immediately with site plan approval. The PUD agreement will then specify that the applicant will be required to strip additional stalls at the request of the City if additional parking is required. M:\Public Data\Requests for Council Actions (RCA)\2008\09 02 2008 8-H-3 RCA Niemeyer Trailer Sales Prelim Plat, CUP & Zoning Change.doc Agenda Item No. 8..H.3. Meeting Date September 2, 2008 Mayor and Council Communication - August 26, 2008 Niemeyer Trailer Sales Rezoning, Preliminary Plat, Conditional Use Permits, and Site and Building Plan Review Page 3 of 3 Landscaping• Staff and Planning and Zoning Commission reviewed the submitted landscaping plan and provided specific conditions for approval. The applicant wishes to introduce transplanted trees from his existing lot into the landscape plan and requests the opportunity to submit a revised landscape plan for Council review and approval with the final plat anticipated in October 2008. In our discussion with the applicant, we indicated staff review of the landscape plan outlined our intent to screen the sales lot from homes south of County Road 37. While a revised plan may be acceptable, it should attempt to fulfill staff and Planning and Zoning Commission recommendations. CONCLUSION: The attached revised plans (dated August 22, 2008) show the applicant's intent to utilize the large unpaved area as a sales lot. The site plan also illustrates the proposed proof of parking. In examination of the revised plans, staff recommends approval of the rezoning, preliminary plat, conditional use permits, and site and building plan review, based on the conditions outlined in Ordinance No. 2008-009 and Resolution No. 2008-045. Respectfully submitted, Alan Brixius City Planner Attachments: Ordinance No. 2008-009, Resolution No. 2008-045, which include the following: Exhibit A — Planning Report dated August 7, 2008; Exhibit B — Engineering Report dated July 25, 2008; Exhibit C 1.1 — location within the Albertville City Limits; Exhibit C — Preliminary Plat of Niemeyer Trailer Sales received July 17, 2008; Exhibit C 1.2 — Certificate of Survey; Exhibit CIA — Site & Bldg. Plans; Exhibit C 1.6 — Landscape Plan revised August 22, 2008; Letter from Tim Niemeyer M:\Public Data\Requests for Council Actions (RCA)\2008\09 02 2008 8-H-3 RCA Niemeyer Trailer Sales Prelim Plat, CUP & Zoning Change.doc Agenda Item No. 8.H.3. Meeting Date September 2, 2008 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2008-009 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ALBERTVILLE, RELATING TO THE PROPERTY AT 10172 65" STREET NE, LOCATED SOUTH OF BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, NORTH OF 65TH STREET NE AND EAST OF KADLER AVENUE NE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNEOSTA ORDAINS: SECTION 1. The Albertville Zoning Map shall be amended, relating to property 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. SECTION 2. The parcel shall be rezoned from 1- 1, Limited Industrial to Planned Unit Development (PUD) with B-W Business Warehouse District standards applying, in order to obtain a Preliminary and Final Plat known as Niemeyer Trailer Sales and Conditional Use Permit approvals to conduct a trailer sales business and outside storage onsite, subject to the following conditions: l . Preliminary and Final Plat conditions shall be met. 2. The B-W Business Warehouse Zoning District standards shall be applied to the site. 3. Future dedication of the private street Outlot to the City. 4. All conditions of site plan and conditional use permit approvals related to Lot 3, Block 1, Niemeyer Trailer Sales are complete. This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 2nd day of September 2008. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Ordinances\2008 Ordinances\Drafts\09 02 2008 8-H-3 O 2008-009 (Niemeyer Trailer Sales).doc Agenda Item No. 8.H.3. Meeting Date September 2, 2008 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2008-045 RESOLUTION APPROVING A PRELIMINARY PLAT KNOWN AS NIEMEYER TRAILER SALES; CONDITIONAL USE PERMIT TO ALLOW TRAILER SALES AND CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE; AND A SITE AND BUILDING PLAN REVIEW RELATING TO THE PROPERTY AT 10172 65TH STREET NE, LOCATED SOUTH OF BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, NORTH OF 65T11 STREET NE, AND EAST OF KADLER AVENUE NE WHEREAS, Niemeyer Properties LLC has submitted an application for a rezoning, preliminary and final plat, conditional use permit, and site and building plan review for the property legally described as follows: 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. WHEREAS, City staff has reviewed the submitted applications and plans and prepared a planning reported dated August 7, 2008 addressing the following applications: (1) Preliminary Plat; (2) Conditional Use Permit to allow motor vehicle (trailer) sales, leasing/rental, service and repair; (3) Conditional Use Permit to allow outside storage; and (4) Site and Building Plan Review; and WHEREAS, the Albertville Planning and Zoning Commission met and held a public hearing on August 12, 2008 to consider the preliminary and final plat, conditional use permits, and site and building plan review; and WHEREAS, upon review of the staff report and hearing testimony from the public, the Albertville Planning and Zoning Commission recommended that the Albertville City Council approve the Preliminary Plat, Conditional Use Permits, and Site and Building Plan review, subject to conditions; and WHEREAS, the Albertville City Council met on September 2, 2008, to consider the preliminary plat, conditional use permits, 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 M:\Public Data\Resolutions\2008 Resolutions\draft\09 02 2008 8-1-1-3 R 2008-04x (Niemeyer Trailer Sales).doc Agenda Item No. 8.H..3. Meeting Date September 2, 2008 City of Albertville County of Wright Resolution No. 2008-045 Page 2 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: 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 Associated Consultants is incorporated herein. C. The City Engineer's memo, dated July 25, 2008, from Bolton & Menk, Inc. is incorporated herein. D. The proposed preliminary plat meets all required subdivision and zoning standards of the BW Zoning District. E. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. F. The proposed uses — trailer sales and outdoor storage — are and will be compatible with present and future land uses of the area. G. The proposed uses conform with all performance standards contained within the Zoning Ordinance. H. The proposed uses will not tend to or actually depreciate the area in which it is proposed. 1. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. J. Traffic generated by the proposed use is within the capabilities of streets serving the property. Decision: Based on the foregoing information and applicable Ordinances, the City Council hereby APPROVES the preliminary plat by Meyer-Rohlin Inc.(received July 17, 2008), known as Niemeyer Trailer Sales; a conditional use permit to allow motor vehicle (trailer) sales, leasing/rental, service and repair; a conditional use permit for outside storage; and a site and building plan review, based on floor plans and elevations by Larson Associates, Inc. (dated August 4, 2008) and plans by Meyer-Rohlin, Inc. (dated August 1, 2008 and revised August 22, 2008), subject to the following conditions: Preliminary Plat: 1. Approval of the change of zone request from 1- 1, Limited Industrial, to PUD, Planned Unit Development with BW, Business Warehouse District standards applied. M:\Public Data\Resolutions\2008 Resolutions\draft\09 02 2008 8-H-3 R 2008-04x (Niemeyer Trailer Sales).doc Agenda Item No. 8.H.3. Meeting Date September 2, 2008 City of Albertville County of Wright Resolution No. 2008-045 Page 3 2. The first curb cut access shall be shifted to the north in order to meet the required 40-foot setback from the intersection of the lot lines. 3. Comments and conditions provided by the City Engineer, according to the memorandum dated July 25, 2008. 4. The applicant shall give a park dedication cash contribution in lieu of land dedication to the City (11-2-7A5). The amount of the required cash contribution shall be calculated based upon rates established by the City and in effect as of the date of the release of the final plat for filling (11-7-8-2.A.1). 5. Prior to approval of the final plat, the applicant shall have executed a Developer's Agreement with the City controlling the installation of all required improvements. Said agreement will require all improvements to comply with approved engineering standards and applicable regulations. 6. The applicant shall record the final plat with the County Registrar of Titles within one hundred twenty (120) days, or the approved final plat shall be considered void. 7. When the City deems appropriate, the private street Outlot shall be dedicated as a public right-of-way to the City at no cost to the City. Conditional Use Permits: 1. The outdoor storage of waste material, debris, refuse, damaged vehicles, and junk vehicle parts and the like shall be contained within a specifically defined area of the site no greater than ten percent (10%) of the total site area. 2. The outdoor repair of motor vehicles or motor vehicle parts anywhere on the 3. 4. 5. 6. 7. �'3 property is prohibited. The site plan illustrates the limits of the outdoor the sales lot shall be paved when The required off street parking shall not be used for outdoor sales or storage and shall be specifically marked for customer or employee use. Striping of the designated stalls on both the west and east sides of the building may be deferred until mandated by the City. The proposed grading and drainage system shall be subject to the review and approval of the City Engineer. If additional lighting is proposed for the outdoor sales area, customer parking area, or any other location, an updated Lighting Plan shall be submitted. All lighting shall be hooded — ninety degree (90 degree) cutoff lighting that directs lighting downward away from the public rights of way and so that no light or glare shines on adjacent property, buildings or structures. The Landscape Plan shall be updated to include the following: the Black Hills Spruce Trees shall be increased to 6 to 8 feet in height; the Black Hills Spruce Trees shall be relocated to the north sides of the swales, starting at the edge of the bituminous surface with a 35 foot spacing and continuing north directly between the gravel surface and the stormwater pond; and approved species of wetland shrubs (i.e., dogwoods) shall be staggered with the Black Hills Spruce Trees on the south side of the swales and continuing north between the gravel surface and sales lot. Unpaved portions of M:\Public Data\Resolutions\2008 Resolutions\draft\09 02 2008 8-H-3 R 2008-04x (Niemeyer Trailer Sales).doc Agenda Item No. 8.H.3. Meeting Date September 2, 2008 91 City of Albertville County of Wright Resolution No. 2008-045 Page 4 the stormwater pond; the proposed Fat Albert Spruce Trees on the east side of the bituminous surface shall be increased to 6 to 8 feet in height; the Plant Schedule Table shall be updated to include the quantities of plantings proposed; and a Landscape Guarantee shall be provided by the applicant. 9. The building shall be shifted slightly to the north to meet the Parking requirements. 10. Comments and conditions provided by the City Engineer, according to the memorandum dated July 25, 2008. Adopted by the Albertville City Council this 2nd day of September, 2008. Attachments: Exhibit A — Planning Report dated August 7, 2008 (NAC) Exhibit B — Engineering Report dated July 25, 2008 (Bolton -Meek) Exhibit C — Preliminary Plat of Niemeyer Trailer Sales received July 17, 2008 (Meyer-Rohlin Inc.) Exhibit D — Floor Plans and Elevations dated August 4, 2008 (Larson Associated, Inc.) Exhibit E — Other Plans: Survey, Grading and Drainage Plan, Site Plan, SWPPP, & Landscape Plan revised August 22, 2008 (Meyer-Rohlin, Inc.) Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Resolutions\2008 Resolutions\draft\09 02 2008 8-H-3 R 2008-04x (Niemeyer Trailer Sales).doc u Agenda Item No. 8. H..3. Meeting Date September 2, 2008 92 City of Albertville Atten: Larry Kruse Alan BrOus Honorable Mayor, Council Members and City Staff After meeting with the Planning Commission on August 12t" and reviewing Staffs comments, it became apparent to me that some revisions were going to be necessary before the plans for my project were sent forth for consideration by the City Council. I would like the Council to understand that I take full responsibility for having to change the plans at such a late date, it was NOT City Staffs fault, but my own that I did not ask the right questions, and for this I apologize, and ask you to review the changes sent forth. 1) Z would like to change the storage area to Sales Lot and ask the Councils approval To leave this area a class 5 gravel surface. 2) I adjusted the building on the site to accommodate the 41 parking stalls required, I would ask that Proof of Parking be adequate for the stalls required and be Stripped in the future to fit parking needs. 3) I also would like to resubmit a new landscaping plan after the Sept. 2"d Council Meeting, but have it ready in time for the Final plat and Development agreement Approval by the Council. 4) 1 am going to leave the fence as shown, even though it is not required for a sales Lot. I would only consider leaving the fence out due to budget concerns. Thank you for your consideration of these matters. Sincerely Tim Niemeyer Niemeyer Trailer S'bles 93 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MCA 55422 Telephone, 763.231.2555 Facsimile, 763.231.25el plan ners(u-nacplanning.com PLANNING REPORT TO: Larry Kruse, City Administrator FROM: Carie Fuhrman / Alan Brixius DATE: August 7, 2008 RE: Albertville — Niemeyer Trailer Sales — Rezoning, Preliminary and Final Plat, Conditional Use Permit, Site and Building Plan Review NAC FILE: 163.06 — 07.23 BACKGROUND Niemeyer Properties LLC has submitted an application for a rezoning, a preliminary and final plat, a conditional use permit, and site and building plan review for the property located at 10172 651h St NE, Albertville, MN. The property is located south of Burlington Northern Railroad right-of-way, north of 65th Street NE (C.S.A.H. 37), and east of Kadler Avenue NE. The project was presented to both the Planning and Zoning Commission and City Council in a concept form in January of 2007. The applicant has applied for a preliminary and final plat known as Niemeyer Trailer Sales, and shall include Lots 1, 2, 3, and Outlot A, Block 1. The property is currently zoned 1-1, Limited Industrial, and the request is to rezone the property to PUD, Planned Unit Development with BW, Business Warehouse District, standards. The conditional use permit requests are for 1) motor vehicle sales, leasing/rental, service and repair and for 2) outside storage. ANALYSIS Preliminary and Final Plat. The submitted Preliminary Plat (sheet C1.2) indicates that the Niemeyer Trailer Sales plat shall include Lots 1, 2, and 3 of Block 1. Lots 1 and 2 are proposed in the northwest corner of the lot, with the rear of the properties abutting the Burlington Northern Railroad. Lot 3 has frontage on 65th Street NE/CSAH 37, with the rear of the property abutting the Burlington Northern Railroad also. Lot 3 shall contain Niemeyer Trailer Sales and is the subject property of the requested conditional M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-3 Niemeyer Report Aug PC.doc Agenda Item No. 8.H.3. Meeting Date September 2, 2008 95 Mayor and Council Communication — August 21, 2008 Planning — Niemeyer Trailer Sales N OZRTXW LS;l�5S0 C16i�0 CON ut�'>�t�"PI} m Page 2 of 12 use permits for outdoor sales and outdoor storage. The applicant has communicated with staff that the Preliminary Plat illustrates the possibility of three (3) lots, but he may decide to combine Lots 1 and 2 into one (1) lot at a later date. Staff shall add as condition upon approval that the option is open to keep Lots 1 and 2 separate or to combine into one lot. The appropriate recording steps shall be taken if changes are made. The following table illustrates the lot and setback requirements for the BW Districts, as well as what is proposed for the site: Lot Require ents vs. Proposal: Required Proposed BW District Lot 1 Lot 2 Lot 3 Lot Size 20,000 SF 35,225 SF 51,732 SF 274,549 SF Lot Width 100 ft -111 ft -130 ft +700 ft Public ROW Frontage Yes No -Private No -Private Yes - 65,nSt Site Coverage 80% hard surfaces ? ? 57,391 / 274,549= 21 % Front Yard Setback 30 ft ? ? 88.18 ft - 65,nSt Side Yard Setback 20 ft 30 ft-street or R district ? ? +400 ft - east line 65.50 - west line/private st Reap' Yard Setback 30 ft ? ? 115.84 ft - north line The lot widths, areas, and setbacks were not provided on the Preliminary Plat, which is required information according to the Subdivision Ordinance (11-6-2.C.). In addition, when lots are located on a curve, the width of the lot at the building setback line shall be provided (11-6-2.C.8.). The widths, areas, and setbacks were approximated by staff. The applicant shall submit revised calculations of these figures. As the table illustrates, Lots 1 and 2 do not contain public right-of-way frontage, they contain frontage on the private street (Outlot A). According to the Subdivision Ordinance (11-7-5.E), every lot must have the minimum frontage on a city approved public street other than an alley, as required in the city zoning ordinance. Outlot A is currently being proposed as a private street, thus the need for a Planned Unit Development. According to 11-7-6.K, private streets and reserve strips, except in the case of planned unit developments, shall be prohibited, and no public improvements shall be approved for any private street. When the City deems it appropriate, this street shall be dedicated as a public right-of-way. The setbacks and site coverage information for Lots 1 and 2 shall be reviewed when a building permit comes forward. Once the private street is dedicate to the City as a public right-of-way, Lots 1, 2, and 3 will have frontage on that public street. The current lot widths of Lot 1 (111 ft) and Lot 2 (130 ft) will meet the minimum lot width of at least 100 feet when the street is dedicated to a public right-of-way. The proposed cul-de-sac meets the requirements of Section 11-7-6-1 in length and radius regulations. M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-3 Niemeyer Report Aug PC.doc QQ Agenda Item No. 0.1...1.uu .3. Meeting Date September 2, 2008 Mayor and Council Communication - August 21, 2008 Planning - Niemeyer Trailer Sales N�owHWFS'(�SSOCIA Page 3 of 12 Change of Zone. The applicant is proposing to change the zoning of the subject property from 1-1, Limited Industrial, to PUD, Planned Unit Development with BW, Business Warehouse standards applied. The subject property is surrounded by 1-1 zoning directly to the west, north, and east. To the northeast (across Interstate 94) the property is zoned PUD with B-3 standards. To the south, southwest, and southeast, the property is zoned R-5, Medium Density Multiple Family. The planning commission shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon (but not limited to) the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive plan. Staff Comment: The Comprehensive Plan has this area identified as Industrial. 2. The proposed use is or will be compatible with present and future land uses of the area. Staff Comment: The proposed uses will be compatible with present and future land uses of the area. The change in zoning will reduce the land use intensity of the current 1-1 District to a PUD/B-W District, which is important being the site is in close proximity to a residential area to the south. 3. The proposed use conforms with all performance standards contained herein. Staff Comment: The proposed use of indoor and outdoor trailer sales conforms with the performance standards, except for the private street proposal and the parking standards, which shall need to be addressed. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. Staff Comment: It does not appear that the proposed use will tend to or actually depreciate the area in which it is proposed. 5. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. Staff Comment: The proposed use can be accommodated with existing public services. 6. Traffic generation by the proposed use is within the capabilities of streets serving the property. Staff Comment: Traffic generated by the proposed use is within the capabilities of streets serving the property. Outlot A is currently being proposed as a private street, but will be dedicated to the City as a public street at the City's discretion. M:\Public Data\City Council\Council Packet inforniation\2008\09-02-08\09 02 2008 8-H-3 Niemeyer Report Aug PC.doc Agenda Item No. 8. H.3. Meeting Date September 2, 2008 Ob Mayor and Council Communication — August 21, 2008 Planning — Niemeyer Trailer Sales NOpTNW t3T g330 CI4TE0 CONSUlT6N f3, INC. Page 4 of 12 Conditional Use Permits. 1) Motor vehicle sales, leasing/rental, service and repair; provided, that: A. The minimum lot area shall be four (4) acres. The minimum lot width shall be one hundred fifty feet (150). Staff Comment: The lot area is 6.3 acres, and the lot width is over 700 feet. B. The outdoor sales lot must have a principal building. The principal building and any accessory buildings or structures shall meet the architectural standards of section 4501.8 of this chapter. Staff Comment: A principal building is proposed on the west side of Lot 3. See "Site and Building Plan Review" Section for the architectural standards review. C. The outdoor sales lot shall be set back ten feet (10) from any lot line, The sales lot shall be curbed and landscaped to prevent vehicle encroachment into any setback, Staff Comment: The outdoor sales lot is proposed in the northwest corner of Lot 3, to the north of the proposed building, and directly south of Lot 2. The Site Plan indicates that it shall meet the required 10 foot setback from lot lines. D. The outdoor storage of waste material, debris, refuse, damaged vehicles, and junk vehicle parts and the like shall be contained within a specifically defined area of the site no greater than ten percent (10%) of the total site area. Said area must be located in the rear yard and encompassed by a minimum six foot (6) high screened security fence. Said fence must be accompanied by landscape plantings along all sides which face adjoining properties. Areas intended for the storage of damaged vehicles that may result in the loss of motor vehicle fluids (i.e., gasoline, oil, antifreeze, transmission fluid, battery acid, etc.) shall be designed to prevent the infiltration or drainage of these fluids into area soils or storm water runoff and prevent the deterioration of parking and storage area surfaces. Staff Comment: This shall be added as a condition upon approval. The applicants have also applied for a conditional use permit for outdoor storage to accompany the conditional use permit for motor vehicle sales. The outdoor storage area is proposed on the north side of the lot. E. The outdoor repair of motor vehicles or motor vehicle parts anywhere on the property is prohibited. Staff Comment: This shall be added as a condition upon approval. F. In addition to the required parking for the principal building or activities, one off street parking stall for every two thousand (2,000) square feet of outdoor motor vehicle sales area shall be required. Areas used for outdoor sales shall be M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-3 Niemeyer Report Aug PC.doc Agenda Item No. 8. H.3. Meeting Date September 2, 2008 Mayor and Council Communication - August 21, 2008 Planning — Niemeyer Trailer Sales NORTHWSSI AS SOCIATtb CONSULTANTS INC. Page 5 of 12 separated from the required off street parking stalls. The required off street parking shall not be used for outdoor sales or storage and shall be specifically marked for customer or employee use. Staff Comment: The 5,600 square foot outdoor sales area has been indicated on the site plan to be located on the north side of the proposed building, while the off street parking stalls are located on the south side. If any additional area is to be used for outdoor sales, it shall be designated prior to City Council approval; otherwise the applicant shall be restricted to the 5,600 square foot area that has been designated on the site plan. Three (3) parking stalls are required for the outdoor motor vehicle sales area (5,600/2,000 = 2.8 parking stalls). A condition shall be added that the required off- street parking shall not be used for outdoor sales or storage and shall be specifically marked for customer or employee use. G. All parking shall comply with the performance standards of chapter 1200 of this ordinance. Staff Comment: See "Parking Standards" Section below. H. The entire site shall have a drainage system which shall be subject to city approval. Staff Comment: The proposed drainage system shall be subject to the review and approval of the City Engineer. 1. All lighting shall be hooded - ninety degree (90°) cutoff lighting that directs lighting downward away from the public rights of way and so that no light or glare shines on adjacent property, buildings or structures. Staff Comment: This shall be added as a condition upon approval. J. An enclosed trash handling facility shall be provided which conforms with the following provisions: 1. The exterior wall treatment shall be of masonry construction and be similar and/or complement the principal building. 2. The enclosed trash receptacle shall be located in the rear yard. 3. The trash receptacle must be in an accessible location for trash pick up vehicles. 4. The trash enclosure must be fully screened and landscaped from view of adjacent properties and the public right of way. Staff Comment: A 10 ft by 11 ft trash enclosure is proposed in the rear of the building, on the north elevation. The exterior wall treatment of the trash enclosure is proposed to be constructed with a tan rock faced block, which is similar to the principal building's exterior wall treatment. Landscaping is proposed to the M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-3 Niemeyer Report Aug PC.doc Agenda Item No. 8.H.3. Meeting Date September 2, 2008 Mayor and Council Communication — August 21, 2008 Planning — Niemeyer Trailer Sales [ NO RTXWEEf A530 CIATED CONSULTANTS, INC. Page 6 of 12 northwest and west of the trash enclosure to serve as a screen from the view of the adjacent Lot 2 and Outlot A, which shall become a public right-of-way. 2) Outside storage, as regulated by section 4501.4 and 1000.15B of this ordinance. All nonresidential outside storage shall conform to the following conditions: A. The area occupied is not within a required front or required side yard. Staff Comment: The outside storage area is proposed in the rear yard of Lot 3 on a gravel surface. B. The storage area is totally fenced, fully screened and landscaped according to a plan approved by the zoning administrator, and a landscape guarantee, as determined by the zoning administrator, is provided. Staff Comment: A fence has been proposed on the site plan (C1.4), which. completely encloses the storage area/gravel area. The fence is proposed to be a 6 foot high chain link fence. A landscaping plan has been submitted that provides screening to the south of the outdoor storage area (See C below). No landscaping screening has been proposed on the north side of the outdoor storage area — towards the railroad/ 1-94 right-of-way and Lot 2 property. In the past, .the City required that Pro -Tech Marine, which is also adjacent to Interstate 94, plant the periphery of the fence to break up the horizontal massing of the fence. Staff recommended clusters of three (3) coniferous trees, at a minimum of 6 feet tall, spaced at 30 foot intervals. No landscape guarantee has been provided, so staff will ask for this as a condition upon approval also. C. If abutting a residential district or use, screening and landscaping is provided according to a plan approved by the zoning administrator. Staff Comment: A residential district is located to the south of the subject parcel, across 65th Street/CSAH 37, therefore requiring significant screening to the south. The applicants have proposed a 6 foot high chain link fence and 13 Black Hills Spruce trees to be planted to the south of the outdoor storage area to serve as screening. The proposed Black Hills Spruce are 3 to 4 feet in height, which when placed in their proposed locations —on a downslope and significant spacing —reduces their screening effectiveness. As a condition upon approval, the Landscape Plan shall be updated to include the following: the Black Hills Spruce Trees shall be increased to 6 to 8 feet in height; the trees shall be relocated to the north sides of the swales, starting at the edge of the bituminous surface with a 35 foot spacing and continuing north directly between the gravel surface and the stormwater pond; an approved species of wetlands shrub (i.e., dogwoods) shall be staggered with the Black Hills Spruce Trees on the south side of the swales and continuing M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-3 Niemeyer Report Aug PC.doc Agenda Item No. 8. H.3. Meeting Date September 2, 2008 100 Mayor and Council Communication — August 21, 2008 Planning — Niemeyer Trailer Sales NORTHWEST ASROC ATEG CONSULTANTS INC. Page 7 of 12 north between the gravel surface and the stormwater pond; the proposed Fat Albert Spruce Trees on the east side of the bituminous surface shall be increased to 6 to 8 feet in height; and the Plant Schedule Table shall be updated to include the quantities of plantings proposed. D. The storage area is grassed or surfaced with asphalt, concrete, or crushed rock (concrete or granite) to control dust. Should an area surfaced with anything other than hard surfacing prove to be unmaintainable, the city shall require that a hard surface be installed within three (3) months of formal written notice to the property owner. Staff Comment: The storage area is proposed to be surfaced with a gravel surface (8 inch class five aggregate, 12 inch select granular borrow, geotextile fabric, and approved subgrade). E. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with section 1000.10 of this chapter. Staff Comment: A Lighting Plan has been submitted that indicates lighting on the exterior of the building only, and no lighting is indicated in the outdoor storage area. If additional lighting is proposed for the outdoor sales area, or any other location, an updated Lighting Plan shall be submitted. F. The storage area does not encroach upon required public or employee parking space(s), required loading space, or snow storage area as required by this ordinance. Staff Comment: See below for discussion of parking needs. G. A site plan documenting the location and grading of the storage operation shall be submitted and shall be subject to the approval of the city engineer. Staff Comment: A Grading and Drainage Plan (Sheet C1.3) has been submitted, and shall be subject to the review and approval of the City Engineer. Parking Standards. All parking shall comply with the performance standards of chapter 1200 of this ordinance. The following table outlines the required number of parking stalls for the proposed building: Required Parkin Ordinance Description Building Use Area (SF)* Required Stalls** Office Office, Reception, Entry, Copy, Corridor Main-1,014 U er-1,440 15 Retail Store/ Service Establishment Retail Area Main— 1,452 7 Warehousing/Storage/ Shipping/Receiving, Storage, Main-544 3 (+ 1 max employee + 1 M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-3 Niemeyer Report Aug PC. doc Agenda Item No. 8.H.3. Meeting Date September 2, 2008 101 Mayor and Council Communication — August 21, 2008 Planning — Niemeyer Trailer Sales NORTHWEST ASFOCIpTFO CONSULiPNFS, INC. Page 8 of 12 Handl.ing Bulk Goods Parts U er-1,880 company truck Boats and marine sales and repair Detailing Shop, Show Room Main-7,520 16 TOTAL 41 + spaces 'The term "floor area", for the purpose of calculating the number of off street parking spaces required, shall be determined on the basis of the exterior floor area dimensions of the buildings, structures or use times the number of floors, minus ten percent (10%), except as may hereinafter be provided or modified. The square footage below includes the 10% subtracted from the floor areas. **When determining the number of off street parking spaces results in a fraction, each fraction shall constitute another space. Required Parking per Ordinance: Office Buildings/Professional offices - 3 spaces, plus at least 1 space for each 200 square feet of floor area Calculations: 2,208.6 SF /200 = 11.04 + 3 spaces = 14.04 -> 15 spaces Retail store and service establishment - At least 1 space for each 200 square feet of floor area Calculations: 1,306.8 SF /200 = 6.53 spaces 4 7 spaces Warehousing, storage or handling of bulk goods - That space which is solely used as office shall comply with the office use requirements and 1 space per each 1,000 square feet of floor area, plus 1 space for each employee on maximum shift and 1 space for each company owned truck (if not stored inside principal building) Calculations: 2,181 SF /1,000 = 2.18 spaces 4 3 spaces (plus 1 space each employee on max shift and 1 space for each company -owned truck) Auto repair, boats and marine sales and repair, bottling company, shop for a trade employing 6 or less people - 8 spaces, plus 1 additional space for each 800 square feet of floor area over 1,000 square feet Calculations: 6,768 SF -1,000 SF = 5,768 SF over 1,000 SF; 5,768/800= 7.21 + 8 spaces = 15.21 4 16 spaces As the table indicates, the proposed building and its uses shall require at least 41 parking stalls, depending on the number of employees on maximum shift and the number of company owned trucks not stored inside the building. As the site plan (Sheet C1.4) indicates, 16 parking stalls have been proposed to serve the building and its uses, which does not meet the Ordinance requirements. These parking stalls are proposed to the south of the building. The proposed stalls are 9 feet in width and 19 feet in length, which does not meet the length requirement of 20 feet. In order for the two rows of parking stalls to be 20 feet in length (40 feet) and the parking aisle to be 24 feet in width, 64 feet is needed. Therefore, the building shall be shifted slightly to the north to M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-3 Niemeyer Report Aug PC.doc Agenda Item No. 8..H.3. Meeting Date September 2, 2008 102 Mayor and Council Communication — August 21, 2008 Planning — Niemeyer Trailer Sales WSJIyR, NORtHW Eii 0.5E6CI6LE0 CONSU tTPNT3, INC. Page 9 of 12 meet this requirement (it appears that there is approximately 61 to 62 feet of bituminous currently). The total bituminous surface surrounding the building is approximately 40,500 square feet. The outdoor sales area is proposed to occupy only 5,600 square feet of this area, leaving 34,900 square feet of bituminous area for customer parking, employee parking, traffic maneuvering, trucks loading and unloading, and so on. It appears that there is adequate room for additional parking to be located to the west of the building in order to accommodate the remaining required 25 parking stalls. There is approximately 53 to 54 feet of bituminous on the west side of the building, and staff is recommending that the building be shifted to the east in order to provide for two rows of 20 foot long 90 degree parking stalls and one 24 foot wide parking aisle (64 feet in total). This should still provide adequate room for vehicle maneuvering on the east side of the building. It should be noted that the property meets the site coverage requirement of less than 80% of hard surface. The site actually contains only 21 % impervious surface. Staff is recommending that additional parking be added to the site in order to accommodate the specified uses. According to 1200.4.H.6., No curb cut access shall be located less than forty feet (40) from the intersection of two (2) or more street rights of way. This distance shall be measured from the intersection of lot lines. The first driveway/curb cut access to the building is located approximately 35 feet to the intersection of Karston Avenue and 65tn Street. This curb cut access shall be shifted to the north in order to meet the required 40 foot setback from the intersection of the lot lines. Site and Building Plan Review. The architectural standards of the building shall following Section 4501.8: Staff Comment: Exterior elevations of all four walls have been submitted (Sheet A3). According to the elevation drawings, rock faced block is proposed on all four exterior elevations of the building, which is an accepted material in the B-W zoning district. The rock faced block shall vary in color from tan and brown to an accent color on the front entrance area. The applicant has added detail to the front entrance area from the original elevations that were submitted. There is some variation in the windows from what was originally submitted: there are three different sized windows proposed (2'8" by 4'; 4' by 4'; and 6' by 4'). RECOMMENDATION M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-3 Niemeyer Report Aug PC.doc Agenda Item No. 8. H..3. Meeting Date September 2, 2008 103 Mayor and Council Communication — August 21, 2008 Planning — Niemeyer Trailer Sales NORTHWEST ASSOCIATRO CONSULTANTS, INC Page 10 of 12 Preliminary and Final Plat. Staff recommends the Planning and Zoning Commission recommend approval of the Preliminary and Final Plat, known as Niemeyer Trailer Sales, based on the finding that the proposed plat meets all required subdivision standards and zoning standards of the B-W Zoning District, and subject to the following conditions: 1. The first curb cut access shall be shifted to the north in order to meet the required 40 foot setback from the intersection of the lot lines. 2. The applicant shall give a cash contribution in lieu of land dedication to the City (11-2-7A5). The amount of any required cash contribution shall be calculated based upon rates established by the city and in effect as of the date of the release of the final plat for filing (1 1-7-8-2.A. 1). 3. The applicant shall make an escrow deposit or provide a certified check or irrevocable letter of credit as determined by the city attorney, city engineer, and city administrator. The escrow deposit, certified check or irrevocable letter of credit shall conform to the requirements of Section 11-9-5. 4.' Prior to submission of the final plat to the City Council, the applicant shall determine the size and configuration of Lots 1 and 2 and make any necessary changes to the plat. 5. Prior to approval of a final plat, the applicant shall have executed a Developer's Agreement with the City controlling the installation of all required improvements. Said agreement will require all improvements to comply with approved engineering standards and applicable regulations. 6. The applicant, as a condition of approval, shall record the final plat with the County Registrar of Titles within one hundred twenty (120) days, or the approved final plat shall be considered void. 7. When the City deems it appropriate, the private street will be dedicated as a public right-of-way. M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-3 Niemeyer Report Aug PC.doc Agenda Item No. 8..H.3. Meeting Date September 2, 2008 104 Mayor and Council Communication — August 21, 2008 Planning — Niemeyer Trailer Sales NORTHWEST ASSOCIATED CONSULTANTS. INC. Page 11 of 12 Change of Zoning. Staff recommends the Planning and Zoning Commission recommend approval of the rezoning request from 1-1 District to PUD/B-W, based on the following findings: the proposed action is in compliance with the Comprehensive Plan; the proposed uses are compatible with present and future land uses of the area; the uses conform with the performance standards of the Ordinance; the uses will not tend to or actually depreciate the area in which it is proposed, the uses can be accommodated with existing public services and will not overburden the city's service capacity; and the expected traffic generated is within the capabilities of streets serving the property. Conditional Use Permits. Staff recommends the Planning and Zoning Commission recommend approval of the conditional use permit requests for motor vehicle sales, leasing/rental, service and repair and outside storage, based on finding that the proposed uses meet the required zoning standards, such as minimum lot area, building locations, setbacks, and so on, and subject to the following conditions: 1. The outdoor storage of waste material, debris, refuse, damaged vehicles, and junk vehicle parts and the like shall be contained within a specifically defined area of the site no greater than ten percent (10%) of the total site area. 2. The outdoor repair of motor vehicles or motor vehicle parts anywhere on the property is prohibited. 3. If any additional area is to be used for outdoor sales, it shall be designated prior to City Council approval; otherwise the applicant shall be restricted to the 5,600 square foot area that has been designated on the site plan. 4. The required off-street parking shall not be used for outdoor sales or storage and shall be specifically marked for customer or employee use. 5. The proposed grading and drainage system shall be subject to the review and approval of the City Engineer. 6. If additional lighting is proposed for the outdoor sales area, customer parking area, or any other location, an updated Lighting Plan shall be submitted. 7. All lighting shall be hooded - ninety degree (90°) cutoff lighting that directs lighting downward away from the public rights of way and so that no light or glare shines on adjacent property, buildings or structures. 8. The Landscape Plan shall be updated to include the following: the Black Hills Spruce Trees shall be increased to 6 to 8 feet in height; the Black Hills Spruce Trees shall be relocated to the north sides of the swales, starting at the edge of MA\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-3 Niemeyer Report Aug PC.doc Agenda Item No. 8.H.3. Meeting Date September 2, 2008 105 Mayor and Council Communication — August 21, 2008 Planning — Niemeyer Trailer Sales NORTNWf ST A550CIATED CO-LTANTS, INC. Page 12 of 12 the bituminous surface with a 35 foot spacing and continuing north directly between the gravel surface and the stormwater pond; an approved species of wetlands shrub (i.e., dogwoods) shall be staggered with the Black Hills Spruce Trees on the south side of the swales and continuing north between the gravel surface and the stormwater pond; the proposed Fat Albert Spruce Trees on the east side of the bituminous surface shall be increased to 6 to 8 feet in height; the Plant Schedule Table shall be updated to include the quantities of plantings proposed; and a Landscape Guarantee shall be provided by the applicant. 9. The periphery of the fence (along the railroad property line and Lot 2 property line) shall be planted to break up the horizontal massing of the fence. Staff recommended clusters of three (3) coniferous trees, at a minimum of 6 feet tall, spaced at 30 foot intervals. 10. The building shall be shifted slightly to the north to meet the Parking requirements. The building shall also be shifted to the east in order to provide for two rows of 20 foot long 90 degree parking stalls and one 24 foot wide parking aisle (64 feet in total), in order to meet the remaining required 25 parking stalls . Encl.: Exhibit A — Site Location Map Exhibit B — City Engineer's Memo (based on the original submittal and have since received a revised submittal) Exhibit C — Submitted Plans (Preliminary Plat, Site Plan, etc.) c: Bridget Miller Tori Leonhardt Jon Sutherland Mike Couri Adam Nafstad Owner: Wellerson LLP, 2099 66th Street NW, Maple Lake, MN 55358 Applicant: Niemeyer Properties LLC, 7918 Troy Lane, Maple Grove, MN 55311 M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-3 Niemeyer Report Aug PC.doc Agenda Item No. S. H.3. Meeting Date September 2, 2008 106 F=:q(=>L_-rC>r--4 & N4 ra r--.,j P<z Consulting Engineers & Surveyors 7533 Sunwood Drive NW • Suite 206 • Ramsey, MN 55303 Phone (763) 433-2851 • FAX (763) 427-0833 MEMORANDUM Date: July 25, 2008 To: Al Brixius, City Planner Cc: Carie Fuhrman, City Planner Larry Kruse, City Administrator Michael Couri, City Attorney John Midddendorf, WWTP and Utility Supervisor Jon Sutherland, Building Official Tim Niemeyer, Niemeyer Trailer Sales From: Adam Nafstad, P.E., Albertville City Engineer Subject: Niemeyer Trailer Sales CUP, Preliminary Plat and Final Plat Review No. 1 City of Albertville, Minnesota BMI Project No.: RI3.100122 We have reviewed the submitted civil plan set for "Niemeyer Trailer Sales", prepared by Meyer-Rohlin, Inc., and dated 7-15-08. Based on conversations with the Applicant during the review of the submitted documents, it is believed that a revised submittal will be submitted that addresses the majority of the items below and that will require additional review. Base on the plan sheets, as submitted to date and including sheets C1.1, C1.2, C1.3, C 1.4, C 1.5, and P 1.1, P 1.2, P 1.3, P 1.4, and P 1.5, the following comments are offered: GENERAL 1. The Developer shall be responsible for all construction permits required for the improvements (County, storm water, etc.). A copy of all permits shall be submitted to the City prior to the commencement of work. 2. The plans and plat shall be submitted to the Wright County Highway Department for review and approval. An entrance permit and/or work within the right-of-way permit will be required. 3. A street signage and striping plan for the CSAH 37 turn lane and proposed street shall be submitted for review. All signing and striping shall be in accordance with the latest edition of the MMUTCD and as required by fire regulations. 4. Record drawings depicting the "as -built" condition of all improvements will be required. WATER & FIRE PROTECTION M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-3 Niemeyer Trailer Sales City Engineer Review 07.25.08.doc Agenda Item No. 8. H.3. Meeting Date September 2, 2008 107 Engineer's Report — Niemeyer Trailer Sales 6/25/08 Page 2 of 3 M \ 1. Separate water services and shutoffs are required for the fire suppression and domestic water lines. The shutoff valves shall be located within the public right-of- way. 2. The location of the FDC shall be coordinated with the City and shown on the plans. GRADING, DRAINAGE AND STORM SEWER 1. The site must accommodate and convey all existing off -site drainage entering the plat from adjacent properties, specifically the run-off water entering the site from the adjacent property to the west (Miller Property). The site shall be graded to allow all off -site water entering the site to be conveyed to its pre -developed point of discharge without detention that causes flooding or ponding off -site that did not occur prior land alteration. The grading and/or conveyance system implemented to accommodate off - site drainage shall be intact, operational, and maintained at all times. 2. Other options, other than a concrete Swale, need to be investigated for conveying site runoff to Pond No. 2. The current design of the proposed Swale will not adequately convey the runoff without overtopping and is believed to be problematic. 3. The ditch along west property line is proposed to be flat. The property Owner shall know that this ditch is expected to be wet and will require frequent maintenance 4. Submerged outlets need to be provided for each of the sediment ponds and need to be detailed on the plans (see City Standard Plates for Outlet Detail). 5. A No -Loss wetland application needs to be submitted for this project. 6. Existing driveway and culvert for old homestead shall be removed from the R/W. Access to CSAH 37 at this location will no longer be permitted. 7. Cleaning of the railroad ditch is recommended. Applicant shall contact BNSF Railroad Company and coordinate the cleaning efforts. STREETS & PARKING LOT 1. The site (parking facilities and bldg.) shall meet all ADA and Fire Code accessibility requirements. 2. Edge drain along the road and cul-de-sac will be required. 3. Sheet C 1.2 calls out two contradicting roadway sections. Section shall be as labeled on the "Private Street Section". 4. Given that the proposed street alignment is fixed and is only 25' from the westerly property line, it is recommended that the dedication requirement of the street be relaxed from 60' to 55'. It is further recommended that 5' of road easement/right-of- way be required from the parcel to the west at the time of its platting to provide the full 60'. M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-3 Niemeyer Trailer Sales City Engineer Review 07.25.08.doe Agenda Item No. 8.H.3. Meeting Date September 2, 2008 Engineer's Report —Niemeyer Trailer Sales 6/25/08 Page 3 of 3 5. Two driveways to the trailer sales site are allowed given the street frontage. 6. The location of southerly driveway is less than 40' from the CSAH 37 R/W, but has been found acceptable given the proposed width and intended use of the site. MISCELLANEOUS 1. Demarcation signage for the wetland buffer will be required along the parking lot and sales lots (adjacent to all improved surfaces). 2. It is recommended that a dumping station be considered in the design. 3. Demolition and/or moving permits are needed for the removal of the old homestead. 4. The follow note shall be added to the construction documents: "All construction shall comply with the City of Albertville engineering standards, Standard Utility Specifications of the City Engineers Association of MN (CEAM), 1999 edition, and latest edition of the MnDOT Standard Construction Specifications and all regulatory requirements (MPCA, MN Department of Health, etc). 5. Abandonment of the well and septic system for the old homestead require permitting and shall be performed in compliance with all applicable regulations (City, County and State). 6. Acquisition of a parcel approximately 70' X 70' is necessary to facilitate a lift station. It is proposed that this parcel be located in the southeast corner of the site. 7. The wetland buffer areas shall be within drainage and utility easement. 8. Any stockpiling of material shall be permitted by the City and shall not be for extended amount of time. 9. Locations of trash enclosure shall be shown on plans. 10. Parking stalls shall be a minimum of 9'wide and 20' long. Drive aisles shall be 24' in width at minimum. 11. Show proposed location of electrical transformer(s) on appropriate plan sheets. It is recommended that the above comments be addressed and revised plans be submitted for review and approval. Please let me know if you have questions and/or concerns. M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-H-3 Niemeyer Trailer Sales City Engineer Review 07.25.08.doc Agenda Item No. 8. H.3. Meeting Date September 2, 2008 109 /�TFR LU J LUf p �.t 94 i FIR - City of Albertville Site Location Map Agenda Item No- 8.H.3. Meeting Date September 2, 2008 #"�%# +�#��►raE #x Source: City of Albertville, Wright County, DNR, & Northwest Associated Consultants. 31 July 2008. Exhibit A III z I H A Ell sally 'OIVI 'NI7140h(-bi3A3kV z 2 E-� fflffiffl M[Bffl c IP'l oms!mM0IIlillllk, 1 Emn 0 AgenlItem No. 8 1 11.3. 2,2008 112 mmoPF1 C) L -) 11" WW cl lu T to Agenda Item No. 8.H.3. Meeting Date September 2, 2008 113 „., ,,,,,. S:�f'1\'S 11:9 J1\ 111. 1I:d.i 5111XIN �...-... tt,..<, .”. ��_�.. rn<, �, M10AZAM8 ONV7-YV'AIVION� 'ONI W17HOH-H3.13W 1 - k i F#� •��-II.,.I.v:�17�I�' .�~��Ivs ?I�I�I 13I1 �iI:\ 7F':IeI.Ii1£I.1S I:I;) Gil J tt - F..—..- Item No. Date Set •1.1�V ,er 2, 2008 114 NOTE: WAIERAWN AND SWRARY SEWER TO BE INSTALLED BY OTHERS (APPROXNMTE LOCATION) � 1 ZZZ =mmN I9 I '.� C<m� � �b.qqG Nyy N I SZ�lN rr0 n N N I I1I � __ ._ ' N IMP RE I7� CIO oOAmJ na00 O Hp OOap ngom O oKK«� ,10 ,10 �ry n 3 3ii N y j 0 D 33 , 1 - off, F;N �O 0 �! 1ta , EXISRND cRa • , �, ' tet oRctfwav-.- ,N-: .v, J f ® A'_ R ` O, % w YnooN� 5ANITARY � u `" � �+ ", � o �' o n � �" •_ -s�-1 n m Yn ° wnreunnlN `� n __ n `oom z zy"a g o no N mN 5 mom Alw _ a Y f aom F / mN o^ @off gmo t' ^�9 • I / 1 co nA -g m rpm nooGO m D F 11NEm � o I I A N Afn F IEASEMENT I1NE � rn T_ O . �oWi i �— o;�^ fop I II A� °fan a m�N m I II 1 c i c o g I x - J i\ ........._.. s A Aim� OR IT z eh °f/ oo mI of z 7- IA < �'gs zPnD AAoo b \ I 7 . t..ro i• ©® 9 E) y©000 �R© so yT ¢g I I se°2nDNs �— yi a �, ? ;�gl u, 5 F Q 5S Y.1 i z � t I a 3 :"; v :y z ,tl / ,I N° �A� m > 9 ly i9 a o 55 u� EE gis I A go J �Fo ° < Soso S fil _ ,� r is rg EI i _l L iA o it m° `J1. _ o N C o z n y N F N O rn W o z o m z rn z rnm A- n O A O D z fll z m�o�°N sa 4 - s a< A mN rnn mn n 0 N z ut z y� ys yu' yyl n cr o A z s s = o%n A A N s.p III _ lw finrn o ox N �(;, " N m� rn �a nip yny yy yny ➢ ➢ m n b �`I� rn Y_ �n D --:Lp�°a.PIS - y U� (p N N y• Q I :_ O �: - w- - w° A 4020) 1 BWCK MASONRY CON5TRUCII0N� n 0 Gl G) O 'D x iF fo n� N� aF� oom `sm;� ;�8 ------ A, z n mo m -00 aQ "o° o oNnnm;�cA� ONo Ny SNcnm At�t'nA c6TnFDxz41OO1nnnA n oA myOzNn n0x>0 nmuoo0czn0o0y =N ° m g �I A ogoo oo— 1 Oo zo z o �� z.aAmo--4'7� zz N r�:nmy yva4lAn O�crn DO = ?pJ O OgTNz cm OArn NNE ➢ ODP y cA�mz~�icOrnnNO3znoA-Ozli�n'c`A,��ONi�NZODm nDp�¶ o0y�2m��vsp mo NNiNT TPZoccun' �Z-�i�:n"�AzF�$ g�Znu'N�NNnDlmN oo am, $ n vomzR9 iS ozf�➢Zn $N - nOrn O opAO NopNO -A�o�' n i-00 A Do 777 � 1pNu CD' OND S Ns�NL ZO N�mF N °zrAnp 0°m onmp 6DNG1 oo <o z2m yyn� oo�� :J mA7ngoA=omD yo �onn��T az aoo➢ rn n OOAp DrnnO N<'raTA3 i OiN - rnz zZOAvy 4lnj TORN AU O�pH Z ;nm O , I �P. �_ �o �Op Dff <c-O A D m wa�om�u+ ° �z or°nA o-A F=S ct0om �F"- Oc- ^, Inc i _° <�mz zrn pNN o yaz� ono 2Aomzmz age �T�� _' m `° o a p `�oN o n N��mm�z n(mnm�m a z� °��o ADoms� an ��A n m�- z �maomo' m� nmaoz -z,�� m�Nom mD rnoz �azo��a �`� w^'o F� A� g° D� �A A Oz A oom aN CUP SUBMITTAL Ek a =� NIEMEYER PA C. TRAILER _Id a 1 1 - $ $ MEYER-ROHL/N INC. SITE PLAN �'�'e uTcus 9 i A ^ A 3 d s _ NIEMEYER TRAILER SALES T.MPI-ER o o 3' ENG/11fEERS LAND SURVEYORS TIM NIEMEYER UTILITY PLAN E F0. SALES s t m �= 3 = v � a - — _ _ N „ a gla I I I I Hwy. 25N., Buffalo. MN 55313 7918 TROY LAN ALBERTVILLE, m Q _ �_ 9 o Ph. (763) 682-1781 Fax (763) 682-9492 M.fYT.li caoYr�, SIN 55311 MINNESOTA < 0;/15/08I I I Ia SN�a4 3 g8 Agenda Item No. 8.H.3. Meeting Date September 2, 2008 II Ff 2 0. ml Ij k w - __ F O ; 7L-__--___________________ O N Z H ga n 3 = O N Q � V _ O � 3 _V� Q a E o £ O m 3 3 ° CUP SUBMITTAL �' w � NIEMEYER o u n MEYER—ROHL/N, INC TRAILER A A° _u �� . NIEMEYER TRAILER SALES LANDSCAPE aw SALES -�' aN �" N R x =-< ENO/NEERS — LAND SURVEYORS TIM NIEMEYER • PLAN Am,�c.w,wax a 1 f i 1 Hwy. 25N., Buffalo. MN 55313 7018 TROY LANE a nE71M1 ALBERTVILLE, ,n Ph. (763) 682-178 f Fax (763) 682-9492 MAPLE GROVE, ]Ili 55311 07/15/08 MINNESOTA < U 3 a n Agenda Item No. 8..H.3. Meeting Date September 2, 2008 �be&ville Mayor and Council Communication S-" rm,.., u.k,9. mo ®w uti, August 26, 2008 SUBJECT: 0 ENGINEERING - NIEMEYER TRAILER SALES GRADING PERMIT REQUEST: It is respectfully requested that the Mayor and Council consider the following motion regarding issuance of a grading permit for the proposed Niemeyer Trailer Sales plat. Motion: approving a grading permit for the proposed Niemeyer Trailer Sales plat conditioned upon Council approval of the preliminary plat, execution of the "Grading Contract", its conditions and the conditions stated in the August 26, 2008 engineering memorandum. BACKGROUND: On August 12, 2008, Planning and Zoning Commission met and held a public hearing to consider Tim Niemeyer's, of Niemeyer Trailer Sales, requests for rezoning, preliminary plat, site and building plan review, and the required CUP'S for the proposed use. Upon review and hearing public testimony, the Planning and Zoning Commission recommended that the City Council approve the requests with conditions. Since the August 12th Planning and Zoning Commission meeting, Mr. Niemeyer has requested a grading permit to commence site grading prior to final plat approvals. Staff has reviewed the request and recommends that a grading permit be issued provided the Applicant enters into a Grading Contract with the City and the requirements of the Grading Contract and August 26, 2008 engineering memo are met. It should be noted that Staff is anticipating that the proposed Niemeyer Trailer Sales plat will receive preliminary plat approval at the September 2, 2008 Council meeting. Should the preliminary plat approval not be granted, it is recommended that the grading approval also not be approved. KEY ISSUES: • Grading Contract and surety will be required as security to the City. • Proposed grading is consistent with proposed site and building plans. POLICY CONSIDERATIONS: It is City policy to have all grading applications approved by the City Council. FINANCIAL CONSIDERATIONS: None, as the Applicant will pay all City costs related the issuance of the permit, grading contract, and grading activity. M:\Public Data\Reyuests for Council Actions (RCA)\2008\09 02 2008 8-1-1 Niemeyer Grading Permit RCA.doc Agenda Item No. 8.I. 1.. Meeting Date September 2, 2008 Consulting Engineers & Surveyors Tr 7533 Sunwood Drive NW • Suite 206 Ramsey, MN 55303 Phone (763) 433-2851 • FAX (763) 427-0833 MEMORANDUM Date: August 26, 2008 To: Larry Kruse, - City Administrator Cc: Jon Sutherland - Building Official Mike Couri - City Attorney Tim Niemeyer — Niemeyer Trailer Sales From: Adam Nafstad, P.E. — City Engineer Subject: Grading Permit Niemeyer Trailer Sales BMI Project No.: R13.100122 Tim Niemeyer of Niemeyer Trailer Sales has requested a grading permit to commence site grading prior to final plat approvals. We recommend approval of the Grading Permit with the following conditions: 1. The Grading Contract is finalized (agreement is signed and surety is received). 2. Prior to commencement of work, the Contractor shall obtain a certificate of insurance that is acceptable to the City. 3. Prior to commencement of work, a copy of the MPCA's NPDES permit shall be filed with the City. 4. Prior to commence of work, copies of the County's Access permit and Work With -in the R/W permit are filed with the City. 5. At least 24-hours advanced notice is given to the City before grading operations begin. 6. All work performed shall be consistent with the site plans dated 8/22/08, previous engineering and planning requirements and memos, as well as, all approvals and conditions of the City Council and City Planning Commission. 7. The proper erosion and sediment control shall be implemented, in -place and intact throughout the construction period and shall be in conformance with all MPCA requirements. 8. Any excess material (soil, dirt, and debris) shall be disposed of at a site secured by the Applicant or Contractor. Disposal of any material within the City limits of Albertville requires approval and a permit. Non -permitted dumping is not allowed and is subject to fines and restoration fees. Please call me at (612) 328-0878 if you have any questions. M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-I-3 Niemeyer Grading Permit Engineer's Report.doc Agenda Item No. S.I. L Meeting Date September 2, 2008 117 GRADING CONTRACT City of Albertville Niemeyer Trailer Sales Grading Agreement THIS AGREEMENT, dated , 2008 by and between the CITY OF ALBERTVILLE, a municipal corporation ("City"), and ("Developer"). 1. REQUEST FOR GRADING APPROVAL. The Developer has asked the City to approve the grading for the first phase of that property proposed to be platted as Niemeyer Trailer Sales ("Property"). 2. CONDITIONS OF APPROVAL. The City hereby approves the grading on the condition the Developer enter into this Contract, abide by its terms and furnish the security required by it. 3. GRADING AND DRAINAGE PLAN. The Property shall be graded in accordance with the Grading Plan of Niemeyer Trailer Sales as prepared by and dated and on file with the City of Albertville. 4. TIME OF PERFORMANCE. The Developer shall complete the grading by November 15, 2008. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases (if any) and the extended completion date. 5. EROSION CONTROL. Developer shall implement all erosion control measures detailed in the Storm Water Pollution Prevention Plan ("SWPPP") and on the Grading and Drainage plan (including construction of all temporary and permanent ponds) in the order required by the City Engineer. Developer shall also implement any additional erosion control measures required by the City Engineer or the Wright County Soil and Water Conservation District, and shall abide by all erosion control requirements contained in the Albertville Subdivision ordinance. All areas disturbed by the excavation and backfiling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and/or the requirements of the City Engineer or Wright County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion, and the landowner hereby grants the City permission to enter upon the land and take such necessary erosion control actions. The City will endeavor to notify the Developer in advance of any proposed action, but failure of M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-I-3 Niemeyer Grading Contract.doc Agenda Item No. S.I..1. Meeting Date September 2, 2008 119 GRADING CONTRACT City of Albertville Niemeyer Trailer Sales Grading Agreement Page 2 of 5 the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs or may specially assess Developer's land for the costs not covered by the letter of credit. No development will be allowed and no building permits will be issued unless the development is in full compliance with the erosion control requirements. 6. "AS BUILT" GRADING PLAN. Within thirty (30) days after completion of the grading and before the City releases the security, the Developer shall provide the City with an "as constructed" grading plan, unless the City Engineer waives this requirement. 7. CLEAN UP. The Developer shall promptly clean dirt and debris from streets that has resulted from construction work by the Developer, its agents or assigns. The City may, in its discretion, require the Developer to daily clean any public streets upon which dirt or debris from the Property have become deposited. In the event the Developer fails to promptly clean the streets, the City may have the streets cleaned and Developer agrees to pay any costs incurred by the City in cleaning the streets. 8. SECURITY. To guarantee compliance with the terms of this permit and to reimburse the City for any damage to public property as a result of the grading permitted herein, the Developer shall furnish the City with a cash escrow or irrevocable letter of credit from a bank ("security") in the amount of $9,500 ($1,000 for each acre of land included within the grading plan). The bank and form of the letter of credit shall be subject to the approval of the City Attorney. The letter of credit shall be for a term ending not earlier than one year from the date of this agreement, and shall be renewed annually by the Developer until all grading is complete as specified herein. The City reserves the right to draw on the letter of credit anytime within 45 days of its expiration if the Developer does not provide the City with a renewal or an acceptable substitute letter of credit. 9. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the grading and erosion control, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the permit, the preparation of this permit, and all costs and expenses incurred by the City in monitoring and inspecting the grading and erosion control. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from permit approval and work done in conjunction with it. The M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-I-3 Niemeyer Grading Contract.doc I.A.genda Item No. 8.. Meeting Date September 2, 2008 120 GRADING CONTRACT City of Albertville Niemeyer Trailer Sales Grading Agreement Page 3 of 5 Developer shall indemnify the City and its officers and employees for all costs, damages and expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this permit, including engineering and attorney's fees and cleanup costs. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all work and construction. 10. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default not less than 48 hours in advance. This permit is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost of such in whole or in part to the property under this agreement. 11. PLAT APPROVAL. The City's approval to grade the property is given without prejudice to the City's right to approve or deny the final plat for any portion of Niemeyer Trailer Sales. Developer understands that final City approval of the Niemeyer Trailer Sales project may materially differ from the grading plan referenced in paragraph 3 to this Agreement, and Developer assumes any risk and expense which Developer may incur as a result of commencing grading prior to final plat approval. 12. WETLANDS. Developer agrees that it shall not fill or otherwise perform any grading activities in or upon any lands which have been identified as wetlands until such time as the City Engineer permits said activities to occur in said wetlands. 13. INSURANCE. Prior to the commencement of grading, Developer shall provide the City with a certificate of insurance evidencing general liability insurance in the name of the Developer (with the City and the City Engineer named as additional insureds) in the minimum amount of $400,000 per person and $1,200,000 per occurrence, and shall provide the City with a certificate of insurance evidencing workers' compensation insurance as required by law. 14. TEMPORARY STOCK PILES. Although no temporary stock piles are identified on the grading plan, temporary stock piles shall not remain on site longer than 30 days unless written approval of a longer time frame is provided by the City Engineer. M:\Public Data\City Council\Council Packet infonnation\2008\09-02-08\09 02 2008 84-3 Niemeyer Grading Contract.doc Agenda Item No. 8. T.. 1.. Meeting Date September 2, 2008 121 GRADING CONTRACT City of Albertville Niemeyer Trailer Sales Grading Agreement CITY OF ALBERTVILLE Ron Klecker, Mayor Bridget Miller, City Clerk DEVELOPER: By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) Page 4 of 5 The foregoing instrument was acknowledged before me this day of 2008, by Ron Klecker as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 2008, by Bridget Miller, as Clerk of the City day of of Albertville, a M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-I-3 Niemeyer Grading Contract.doe Agenda Item No. 8.I.1.. Meeting Date September 2, 2008 122 GRADING CONTRACT City of Albertville Niemeyer Trailer Sales Grading Agreement Page 5 of 5 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 of Notary Public THIS INSTRUMENT DRAFTED BY: Michael C. Couri Couri, MacArthur & Ruppe, P.L.L.P. P.O. Box 369 705 Central Ave. E St. Michael, MN 55376 day of as M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-I-3 Niemeyer Grading Contract.doc Agenda Item No. S.I. 1.. Meeting Date September 2, 2008 123 NbertAlle Mayor and Council Communication August 22, 2008 SUBJECT: 0 ENGINEERING - FRANKLIN UTILITY EXTENSION PROJECT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to adopt Resolution Number 2008-050 entitled Resolution Ordering Improvement, Approving Plans and Specifications and Authorizing the Advertisement for Bids. BACKGROUND: The Albertville City Council has received a petition requesting the extension of sanitary sewer service to property owned by James and LaVerne Franklin and requesting that the cost of such sewer improvements be special assessed to the Franklin property under Minnesota Statutes Chapter 429. The City has commissioned, received, and approved a feasibility study for such improvements and the Franklins have waived the requirement of a public hearing to consider whether the requested sewer improvements should be made. KEY ISSUES: • Have consent and approval from Franklins, an appeal waive, and an escrow for the overhead costs associated with the project. • Existing septic system not in compliance. • Franklin's to fund 100% of all project related costs. • Staff to review bids and project costs with the Franklins prior to award. POLICY CONSIDERATIONS: The City Council has the authority to assess project costs to benefitting properties. FINANCIAL CONSIDERATIONS: One hundred percent (100%) of the cost of the project will be borne by the property owner. M:\Public Data\Requests for Council Actions (RCA)\2008\09 02 2008 8-I-2 Franklin RCA (plans and specs).doc Agenda Item No. 8.I.2. Meeting Date September 2, 2008 Consulting Engineers & Surveyors 7533 Sunwood Drive NW • Suite 206 • Ramsey,. MN 55303 Phone (763) 433-2851 FAX (763) 427 0833 August 22, 2008 Mr. Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE, P.O. Box 9 Albertville, MN 55301 RE: Approval of Plans and Specifications Franklin Property Sewer Extension BMI Project No.: RI3.39574 Honorable Mayor and City Council Members: Pursuant to Mr. and Mrs. Franklins request and the City's authorization, we have prepared plans and specifications for the Franklin Property Sewer Extension project. The proposed project consists of extending sanitary sewer from its current terminus south of the railroad and on Barthel Industrial Drive to the Franklin property. The proposed project includes temporary closure of Barthel Industrial Drive, a railroad crossing, and the addition of isolation valves to the municipal water system. Below is a tentative project schedule that assumes a September 2nd Council approval of plans and specifications, should the City decide to move forward with the improvements. September 2nd Approve Plans/Specifications & Authorization to Advertise September 8th,15th, 22nd Publish in Construction Bulletin September 8th,15th Publish in North Crow River News September 30th Open Bids October 6th Award at Council Meeting October 151h Anticipated Start of Construction November 15" Substantial Completion Date Prior to the award, Staff will review bids and project costs with the Franklins to ensure their consent as the solely assessed party. I will be at your September 2nd City Council meeting to present the plans and respond to any questions concerning the project. M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-I-2 Franklin plan approval.doc Agenda Item No. 8. `.2. Meeting Date September 2, 2008 127 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2008-050 RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS WHEREAS, the Albertville City Council has received a petition requesting the extension of sanitary sewer service to property owned by James and LaVerne Franklin and requesting that the cost of such sewer service installation be special assessed to the Franklin property under Minnesota Statutes Chapter 429; and WHEREAS, the City has commissioned and received a feasibility study for the extension of sanitary sewer service to the Franklin property; and WHEREAS, the Franklins have waived the requirement of a public hearing to consider whether the requested sewer improvements should be made; and WHEREAS, the City has commissioned the City Engineer to prepare plans and specifications for such project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: 1. Such improvement is hereby approved and ordered. 2. The plans and specifications prepared by the City Engineer are hereby approved. 3. The City Engineer is directed to advertise for bids as required by Minnesota Statutes Chapter 429. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 2nd DAY OF SEPTEMBER, 2008. Ron Klecker, Mayor ATTEST: Bridget Miller, City Clerk M:\Public Data\Resolutions\2008 Resolutions\draft\09 02 2008 8-I-2 R 2008-050 (Franklin Order improvement and plans and specs).dooc Agenda Item No. 8.I.2. Meeting Date September 2, 2008 129 aL NA E=-7= ,, Consulting Engineers & Surveyors 7533 Sunwood [give NW - Suite 206 • Ramsey, MN 55303 Phone (763) 433-2851 • FAX (763) 427-0833 MEMORANDUM Date: August 22, 2008 To: The Honorable Mayor and City Council Cc: Larry Kruse, Albertville City Administrator From: Adam Nafstad, P.E., Assistant City Engineer Subject: Project Status Update The following is a brief project status update as of August 22, 2008: 1. 2008 Seal Coat Project The seal coat project is complete with the exception of the second sweep. The second sweep is based on need and typically occurs late fall or early spring. 2. 2008 Overlay Project The wear course has been placed on 67th Street NE and Keystone Avenue NE. The planned street patching on Barthel Industrial Drive and Large Avenue are scheduled to be completed the last week of August. 3. Franklin Property Sewer Extension Project The design is complete and will be presented to Council at the first meeting in September. Currently staff is working with Public Works to determine the extents of the temporary water shutdown. Staff is also working to coordinate the project detour and to secure the railroad -crossing permit and is awaiting the geotechnical report. 4. CSAH 19 Project (57th Street to Albertville Southerly Limits) The ditch improvements north of Psyk's have been completed and reseeding of boulevards and yards throughout the project is currently underway and will be completed during last week of August. 5. Storm Water Manaizement Plan Staff is finalizing the modeling component of the study and is working to identify existing and potential flood susceptible area, and is the process of reviewing stormwater management codes and ordinances. 6. Albertville Townhomes (Dominium Development) Staff is working to finalize construction plans and the development agreement. It is believed that the Developer intends to begin construction yet this fall. M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-I-2 Engineering August 22, 2008.doc Agenda Item No. S.I.3. Meeting Date September 2, 2008 131 Albertville Engineer's Project Status Report August 22, 2008 Page 2 of 3 Tr 7. CSAH 37 (West) Utility Extension— Niemeyer Development Staff will proceed with the design once a payment agreement is reached with the Niemeyer development. 8. Hunters Pass Staff has generated a final punchlist for the development and is working with the Developer and Prime Contractor to resolve all outstanding punchlist items and invoices. 9. Albertville Railroad Exchange Plat The plat will be sent to the County for review once all abstracts have been received. As directed by Council, Staff will review the potential Swale improvements along the south side of the plat. 10. Lachman Avenue Extension City Project: The sidewalk and final lift of pavement have been installed and boulevard restoration is complete. LaBeaux Station portion: Construction of the sidewalk is schedule for Monday, August 25, and the placement of the final lift for Thursday the 28th. Public Works crews will open the road, as soon as the final lift is complete. 11. Phil Morris Lift Station Controls and pumps are on hand and will be installed once the Developer supplies power to the site. The driveway and surface improvements included with the project will be constructed once the curb and street in front of the lift station site have been completed. 12. Albertville Market 1p ace Work on the restaurant has begun and is expected to be completed by January with the parking lot expected to be completed yet this fall. 13. Winter arp k Improvements The trails and the final lift of pavement in the parking lot have been completed and the entire project has been over -seeded. Staff is working with the Contractor to complete all final restoration and punchlist items. 14. Towne Lakes 5th Addition Peter Scherer and CPDC have requested that the LOC held for the fifth addition be released in full. Upon site review, with Public Works and David Hemple (formerly of CPDC), staff is not recommending a reduction or release until all outstanding punchlist and warranty items have been completed. M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-I-2 Engineering August 22, 2008.doc Agenda Item No. B.13. Meeting Date September 2, 2008 132 Albertville Engineer's Project Status Report August 22, 2008 Page 3 of 3 15. 701h Street (CSAH 19 to MacIver) The bituminous patching has been completed and the two Cities will be developing the final punch list. 16. City Park Improvements Based on direction from Council, Staff will be preparing a cost estimate that includes all cost components of the project. Staff is also exploring a third project option that greatly reduces the project scope and that could primarily be constructed by Public Works. The cost estimates and alternative improvement option will be presented at the first Council meeting in September. 17. Niemeyer Trailer Sales Staff is working to finalize construction plans and the development agreement. Mr. Niemeyer has also requested that a grading permit be issued for the project in order to commence grading prior to final plat approval. 18. Letter of Credit Reductions Staff has received requested for reductions or releases of letter credits for several developments. Staff will be reviewing the developments and working with the developers to complete or correct all outstanding issues. The developments include: • T-Square (released) • Parkside Commercial — To be reviewed • LaBeaux Station — Site will be reviewed once the roadway is complete • Albertville Plaza - Staff has reviewed and is recommending the request (be denied) • Towne Lakes 5th - Staff has issued final Warranty/Punchlist • Long Lake State Bank (released) • Shoppes at Towne Lakes II — To be reviewed 19. Miscellaneous • Given the added traffic to Albertville's Kassel Avenue and St. Michael's Underwood Avenue, due to the CSAH 19 road closure, the City of St. Michael conducted speed study. Results of the study indicated that out of 5200 vehicles, 85% were traveling at 24mph or less, indicating overall speed compliance. • Several developments, including Towne Lakes 6th, and 7th, and Karston Cove 3rd, have outstanding issues that need to be addressed. Staff has contacted the owners of these properties and is working to correct the issues. I will be at your September 2nd 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\2008\09-02-08\09 02 2008 8-I-2 Engineering August 22, 2008.doc Agenda Item No. 8.1.3. Meeting Date September 2, 2008 133 b£Y"tV111£ Mayor and Council Communication August 27, 2008 SUBJECT: 0 LEGAL — TOWN LAKES (SCHERER BROS.) DELINQUENT WATER BILLING RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion: approve AGREEMENT REGARDING PAYMENT OF SPECIAL ASSESSMENTS. BACKGROUND: The Towne Lakes Developer's Agreement required the Developer, Contractors Property Development Corporation, to maintain the parks for a five year period. This included paying for water used for irrigation of the parks. In addition, CPDC used Lot 5, Block 1 for their sales office for a number of years, which also used City water for lawn irrigation. Unfortunately, when the water service for these sprinklers was originally installed, the water meters were not entered into the City's billing system, and no water bills were sent out for a number of years. When this fact was discovered a few years ago, the meters were read and a large bill was sent to CPDC about the same time they were experiencing financial difficulties. CPDC did not pay this bill. After some discussion of this issue in 2006, CPDC requested that the City special assess Outlot G for the entire amount of the bill and Homer Tomkins told City staff that CPDC would pay it with the next year's taxes. The City special assessed the property in late 2006, but in early 2007, CPDC deeded this property to the City, without informing the City and without paying the special assessments. The developer's agreement called for this lot to be deeded to the City, but only once it was free of all liens and encumbrances. Because deeding the property to the City with unpaid special assessments (now in the $19,000 range, with penalties and interest) violated this provision, City staff notified CPDC and Peter Scherer, the owner of Lot 5, Block 1 of Towne Lakes, that the City intended on special assessing Lot 5, Block 1 for the full amount of the unpaid special assessments pursuant to the terms of the developer's agreement. Mr. Scherer initially objected to his lot bearing all of the special assessments. After some negotiation with the City Attorney, Mr. Scherer's attorney indicated that he would be willing to pay the assessment in full if the City would release the five lots he owns in Towne Lakes from any further financial liability under the developer's agreement. KEY ISSUES: • There currently is no active letter of credit applicable to this subdivision, so any future financial obligations of the developer would normally be special assessed against the vacant lots, of which only five remain in the original Towne Lakes plat, all owned by Mr. Scherer. If this agreement is approved by the City, the only remaining special assessment alternative would be to the residents of Towne Lakes and not to any of the five Scherer lots. M:\Public Data\Requests for Council Actions (RCA)\2008\09 02 2008 8-J-1 (TL) Scherer Bros water bill agreement RCA.doc Agenda Item No. 8.11. Meeting Date September 2, 2008 Mayor and Council Communication August 27, 2008 Legal — Towne Lakes — Scherer Bros. Outstanding Utility Bill Page 2 of 2 • Mr. Scherer's attorney has questioned why we propose special assessing only one lot for the entire water bill rather than all of the lots in Towne Lakes. The developer's agreement does not specify whether one or all lots need be special assessed for a developer's default. • While City staff has no firm way of knowing whether any additional unmet financial obligations of the developer exist in the Towne Lakes plat, staff is unaware of any additional issues and believes that given the number of years that have passed since the original development of this plat, it is unlikely that any other unmet financial obligations of the developer remain related to this plat. • There are some unpaid bills (attorney fees) that the City has incurred related to this issue that possibly could be special assessed against the five vacant lots if the City special assessed the $19,000. These fees will likely remain unreimbursed if this agreement is approved. • City staff recommends that the City approve the agreement in that the receipt of the $19,000 payment now likely outweighs the risk that some other unknown financial obligation may arise that will then not be able to be assessed against the five remaining vacant lots. POLICY CONSIDERATIONS: As noted above, the Council needs to determine if payment now is worth giving up the ability to special assess the five vacant lots in the future should an additional developer default come to light. FINANCIAL CONSIDERATIONS: The City will immediately gain $19,000 in past utility billings by approving the agreement. There are no known financial downsides at this time, but staff can never be sure that all developer -related issues have come to light. LEGAL CONSIDERATIONS: As noted above, approving this agreement will essentially release the five lots from any future financial liability of the developer. Respectfully submitted, Larryse City Administrator Department/Responsible Person: Legal/Mike Couri., City Attorney Attachment: Agreement Regarding Payment of Special Assessments M:\Public Data\Requests for Council Actions (RCA)\2008\09 02 2008 8-J-1 (TL) Scherer Bros water bill agreement RCA.doc Agenda Item No. 8. J .1. . Meeting Date September 2, 2008 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA AGREEMENT REGARDING PAYMENT OF SPECIAL ASSESSMENTS WHEREAS, the City of Albertville ("City") has notified the owner of Lot 1, Block 5, Towne Lakes according to the plat of record on file in the Wright County Recorder's Office that it intends to special assess the unpaid obligations of Contractors Property Development Corporation ("Developer") in the amount of $19,059.48 ("Unpaid Balance") against such lot pursuant to a developer's agreement between Developer and City recorded as document number Office ("Developer's Agreement"); and at the Wright County Recorder's WHEREAS, said Lot 5, Block 1 is now owned by Scherer Bros. Lumber Company ("Scherer"); and WHEREAS, Scherer owns a total of five vacant lots in Towne Lakes, as follows: Lot 2, Block 1, Lot 4, Block 1, Lot 2, Block 2, Lot 1, Block 5 and Lot 3, Block 7 (collectively, "Scherer Properties"); and WHEREAS, Scherer has agreed to pay the Unpaid Balance, provided that the City releases the Scherer Properties from any further financial liability arising from the terms of the Developer's Agreement. NOW, THEREFORE, the City and Scherer agree as follows: 1. Scherer shall pay the City $19,059.48 in satisfaction of the Unpaid Balance of Developer shown on the attached Exhibit A. 2. The City shall not special assess any of the Scherer Properties for the Unpaid Balance, or for any other financial obligations of Developer arising from the Developer's Agreement. 3. Except for the payment set out in paragraph 1 above, the Scherer Properties shall not be responsible for any of the current or future financial obligations of Developer arising from the Developer's Agreement, and the City agrees not to M:\Public Data\Agreernents\2008\09 02 2008 8-J-1 Scherer Agreement (Towne Lakes UB version 2).doc Agenda Item No. O.J.1. Meeting Date September 2, 2008 137 Mayor and Council Communication — August 27, 2008 Legal — Scherer Bros. (Towne Lakes) Agreement Page 2 of 2 special assess the Scherer Properties or otherwise require the Scherer Properties to be financially responsible for any of Developer's financial obligations arising from the Developer's Agreement. 4. Except as modified herein, all other terms of the Developer's Agreement shall remain binding upon the Scherer Properties. Dated: September , 2008 CITY OF ALBERTVILLE SCHERER BROS. LUMBER CO. Ron, Klecker, Mayor Bridget Miller, City Clerk Peter L. Scherer Its: M:\Public Data\Agreements\2008\09 02 2008 8-J-1 Scherer Agreement (Towne Lakes UB version 2).doc Agenda Item No. 8.11. Meeting Date September 2, 200 138 Final for Council Action on September 2, 2008 CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT ALBERTVILLE TOWNHOMES 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 Albertville Townhomes Limited Partnership, a Minnesota Limited Partnership, referred to herein as "Developer"; WITNESSETH: WHEREAS, Developer is the fee owner and developer of the real property legally described as Lot 1, Block 1, Westwind 3rd Addition as recorded at the Office of the Wright County Recorder, Wright County, Minnesota (the "Subject Property"); and WHEREAS, Developer intends to build 37 new rental twnhomes and associated structures and facilities on the Subject Property, which improvements shall bear the name "Albertville Meadows Townhomes" (the "Development"); and WHEREAS, the Subject Property shall be owned by the Developer and managed by Dominium Management Services, LLC, a Minnesota limited liability company ("DMS); and WHEREAS, the City has given preliminary approval of Developer's PUD and Site and Building Plan Review for Albertville Meadows Townhomes contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. 8.J.2. Meeting Date September 2, 2008 139 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 2 of 20 WHEREAS, the City requires that certain on- and off -site private improvements including, but not limited to, bituminous streets, grading, drainage, street signs, traffic control signs, and other site related improvements, all as more specifically described in this Agreement, be installed to serve the Subject Property and be financed by Developer as a condition of development approval; and WHEREAS, the City requires that certain public improvements including, but not limited to, municipal water, sanitary sewer, storm sewer, drainage ponds and trails (hereafter "Municipal Improvements") shown on the attached Exhibit A, be installed to serve the Subject Property and be financed by Developer as a condition of development approval; and WHEREAS, final approval of the Planned Unit Development ("PUD") is required to allow for the aforementioned Development 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 with flexibility from the strict requirements of the City's Zoning Ordinance in relation to set -back requirements, lot coverage, and structures per base lots. Unless otherwise explicitly set forth in this Agreement, however, Developer must conform to the requirements of the R-5 zone of the Albertville Zoning and Subdivision Ordinance, the general townhome performance standards of the Albertville Zoning Ordinance, as well as all other applicable land use regulations. Developer agrees that the following conditions will be met on a continuing basis: A. The City and Developer agree that the Subject Property is intended to be used only for 37 townhomes and associated fixtures and improvements for residential use in the configuration as shown on the site plan attached as Exhibit B. B. 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. M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. 8.12. .2. Meeting Date September 2, 2008 140 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 3 of 20 C. Setbacks may deviate from the R-5 zoning district and townhome regulations as follows: a. Side yard minimum building setback along the east property line shall be 10 feet. b. Setback from drainage ponds shall be as shown on Exhibit B. c. Thirty-seven housing units shall be permitted on one base lot (Lot 1, Block 1), provided all housing units are kept under common ownership. D. All grading, drainage, utility, wetland mitigation, and transportation issues that arise during the Development shall be subject to review and approval by the City Engineer. E. Trees, shrubs, berms and screening are to be planted and installed as shown on the Landscape Plan attached as Exhibit D. The Developer shall guarantee that all new plantings shall survive for two full years from the time all required plantings have been completed and accepted by the City. Developer shall replace any Landscape Plan plantings which do not survive within said two-year period. F. Use of Easement Areas. A Utility and Drainage Easement shown on the attached Exhibit E exists on the Subject Property in favor of the City and the Joint Powers Water Board (the "Easement Area"). Developer shall be permitted to construct improvements over easement areas in the locations shown on the attached Exhibit E, 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 (including, but not limited to sidewalks and private drives) 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. G. 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 all applicable county, state, and federal rules and regulations. M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. O.el .2. Meeting Date September 2, 2008 141 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 4 of 20 H. Developer, its successors or assigns, shall strictly comply with all City weed control ordinances. I. Developer shall construct the play lots and clubhouse according to the Approved Plans and said structures shall be available to all residents residing on the Subject Property. Developer shall obtain a reciprocal easement agreement for parking and access purposes with Lot 2, Block 1, Westwind Third Addition, Wright County, Minnesota (the "Reciprocal Easement"). Said Reciprocal Easement shall be subject to the approval of the City Attorney as to form and content and shall be recorded at the Wright County Recorder's Office at the time this Agreement is recorded. K. Developer shall provide for maintenance of all of the following items in perpetuity which are located within the Subject Property: all structures constructed in the Development, all common areas, play lots, all landscaping, all drive isles and parking areas, all trails and walkways, curb, gutter, monument sign, storm water ponds and infiltration basins, retaining walls, drainage swales, emergency overflows and storm sewer system. Except as otherwise provided in this Agreement, upon the failure by the Developer to properly maintain or repair the items outlined in this paragraph (as reasonably determined by the City) or should any portion of the 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 Developer 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, the City may thence immediately and without notice or consent of the Developer complete its obligations under this Agreement, and specially assess the costs thereof against the Subject Property and/or bring legal action against the Developer 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. L. Pursuant to the authority set forth in Minnesota Statues § 462.358, Subd. 3c, relating to planned unit developments, the City and Developer agree that until August 18, 2009, no amendment to a comprehensive plan or official control shall M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. 8.12. Meeting Date September 2, 2008 142 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 5 of 20 apply to or affect the use, development density, lot size, lot layout or dedication or platting required or permitted by the approved PUD. M. If required by the City's building official, Developer shall install a sump pump and drain tile system approved by the Building Official in residential units as well as the community room. In such event, discharge of drainage water shall be directly to storm water ponds and/or storm sewer structures. Overland flows from the point of discharge to ponds or storm sewers will not be permitted. N. Developer shall not stockpile excess or unsuitable earthen material on the Subject Property without prior approval from the City Council. 2. Construction of Municipal Improvements. A. The Developer shall construct those Municipal Improvements located on and off the Subject Property as detailed in the Plans and Specifications for Albertville Townhomes, as prepared by Boarman, Kroos, Vogel (BKV) Group, Inc. dated 2008 and on file with the City Clerk, said improvements to include installation of water mains, sanitary and storm sewers, and storm water ponding, and trails. 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 December 1, 2008. B. The Developer shall be responsible for cleaning the sanitary sewer lines as required by the City Engineer during construction and during the warranty period. The Developer shall televise and record all sanitary sewer lines installed in the Development prior to acceptance by the City and again within three months prior to the expiration of the warranty period. C. The Developer shall provide the City with record drawings for all Municipal Improvements, 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. D. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. 8.12. Meeting Date September 2, 2008 143 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 6 of 20 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. E. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements 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 and whom Developer has failed to fully pay for the performance of said work, subject in all events to applicable retainage. F. 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. Developer agrees to pay for all costs incurred by the City during said inspections. 3. Construction of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of paved private streets and driveways, curb and gutter, boulevards, sidewalks, street signs, traffic signs, yard top soil, sod and seed in all yards, landscaping, grading control, drainage swales, berming, and like items as necessary, street cleanup during project development, erosion control, and all exterior amenities to be constructed on the Subject Property as shown on Exhibits B, C, D and F attached to this Agreement, including, but not limited to, playgrounds, fencing and retaining walls (collectively, "On- and Off -site Improvements"), all as required by City ordinance and this Agreement. Front, side and portions of the back yards of the townhomes shall be sodded in accordance with the Residential Development Standards as on file with the City Administrator's Office. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all areas of the Subject Property not covered by a hard or impervious surface. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Said On- and Off -site improvements shall be installed no later than September 15, 2009, with the exception of erosion control, drainage M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. 8.12. Meeting Date September 2, 2008 144 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 7 of 20 swales and berming, which shall be installed upon initial grading of the Subject Property. B. Developer shall, at its own expense, be responsible to ensure the following items are installed within the Development, all such items to be installed under ground, within the street right of way or such other location as may be approved by the City Engineer, in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carrier; C. Developer shall maintain erosion control measures in accordance with MPCA's Best Management Practices along the back of all curbing within 7 days after said curbing is installed, or after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. 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. As an alternative to installing silt fencing in back of all curbing as required by this subparagraph, Developer may, at its expense, install sod no less than three feet in width in back of all curbing, provided, however, that if, in the judgment of the City Engineer, the installation of silt fencing in one or more places is needed, the Developer shall install such silt fencing at its expense upon request by the City Engineer. D. All retaining walls shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc �} Agenda Item No. 8.+JT .G. Meeting Date September 2, 2008 145 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 8 of 20 design engineer shall be filed with the City's building official evidencing that the retaining wall was constructed as designed. All retaining walls shall be constructed before any certificates of occupancy are issued. E. Notwithstanding the requirements of 3A above and except as otherwise provided in this Agreement, the Developer shall be responsible to ensure that the On- and Off -site Improvements are installed to the City's satisfaction prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for any building located on the Subject Property, unless the certificate of occupancy is issued after October 1st and before March 30th in any given year, in which case a certificate of occupancy shall be issued with the requirement that the Developer be required to install said On -and Off -site Improvements by the following June 30''. 4. 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 $461,707.00 representing the sum of 100% of the estimated cost of the Municipal Improvements ($230,000.00), 100% of the On and Off -site Improvements ($176,507.00), and 150% of the estimated cost for landscaping/screening materials related to the Subject Property ($55,200.00). 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 of the 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. 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, erosion control, and other such measures), to pay liens on the Subject Property, 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 4A above or a lesser amount authorized by the City Council pursuant to paragraph 5B below. M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version). doe 7 Agenda Item No. 8.J .2. Meeting Date September 2, 2008 146 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 9 of 20 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 pay or 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, upon 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 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. Should the City assess the Subject Property for said costs, the Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081, to the extent of the costs identified in this Agreement. 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. The City shall then release the proceeds of said letter of credit or M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. 8.12. Meeting Date September 2, 2008 147 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 10 of 20 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. 5. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements, 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. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements have been installed, that portion of the letter of credit or surety attributable to the Municipal Improvements may be reduced by the dollar amount of such Municipal Improvements 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 during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. iii. When all or a portion of the On- and Off -site Improvements have been installed, that portion 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 M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. 8.12. .2. Meeting Date September 2, 2008 9M. Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 11 of 20 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. 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. 6. Abandonment of Proiect - 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 of the 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. 7. 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 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. 8. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit F. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. 8.12. .2. Meeting Date September 2, 2008 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 12 of 20 9. Drainage Requirements. Developer shall comply with all applicable requirements for drainage into any county 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. O 11 Maintain Public Property Damaged or Cluttered During Construction Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of 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. 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. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. Upon expiration of the warranty period and completion of all warranty work, such temporary easement shall terminate. M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. 8.12. Meeting Date September 2, 2008 150 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 13 of 20 12. 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. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this 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. E. 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. F. 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. M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. 8.12. .4. Meeting Date September 2, 2008 151 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 14 of 20 G. 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 $1.5 million. 13. Violation of Agreement. 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. Notwithstanding anything herein to the contrary, the Developer's Investor Limited Partner identified in paragraph 22 below shall have the right, but not the obligation, to cure defaults hereunder in the same manner as the Borrower B. Notwithstanding the 30-day notice period provided for in paragraph 13A 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 13A of this section shall not apply to any acts or rights of the City under paragraph 4E above, and no notice need be given to the Developer as a M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. 8.12. Meeting Date September 2, 2008 152 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 15 of 20 condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as authorized by paragraph 4B. 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. 14. Dedications to the City. Developer, upon presentation to the City of evidence of good and marketable title to the Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall make the following dedications to the City: A. Developer shall dedicate to the City all easements shown on the attached Exhibit G. Prior to the City's acceptance of said dedications, Developer shall provide to the City "As-Builts" of all sewers, water mains, storm water retention ponds and trails. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. To fulfill the requirements of this paragraph, Developer shall provide the City with executed originals of the easements attached as Exhibit H to this Agreement. All such easements shall be provided at the time of execution of this Agreement, shall be dedicated to the City at no cost to the City, and Developer shall provide evidence to the City that Developer has good title to said easements at the time of dedication. 15. Administrative Fee. A fee for City administration of this project shall be paid prior to the City executing this Agreement. Said fee shall be 3.5% of the estimated construction costs of the Municipal Improvements required herein. The administrative fee shall be $8,050.00. Seventy-five percent of this fee shall be paid upon execution of this Agreement with the remaining twenty-five percent of the fee to be paid upon substantial completion of the Municipal Improvements. 16. Indemnity. 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 Development. Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including reasonable attorney's fees. Third parties shall have no recourse against the City under this Agreement. 17. Assignment of Agreement. The obligations of Developer under this Agreement cannot be assigned without the express written consent of the City Council through Council resolution. M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. 8.12. Meeting Date September 2, 2008 153 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 16 of 20 18. 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. 19. 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 attorney's 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. 20. 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. 21. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither parry is 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. 22. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Albertville Townhomes Limited Partnership 2355 Polaris Lane North, Suite 100 Plymouth, MN 55447 Attn: Paul R. Sween and David E Dye Telephone 763-354-5500 Any notice sent to developer shall also be sent via registered mail to Developer's Investor Limited Partner at the following address: U.S. Bancorp Community Development Corporation 1307 Washington Avenue, Suite 300 Mail Code: SL MO RMCD St. Louis, MO 63103 M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. 8.12. Meeting Date September 2, 2008 154 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 17 of 20 Attn.: George Hettich Phone: (314) 335-2643 Fax: (314) 335-2601 23. Agreement 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. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk ALBERTVILLE TOWNHOMES LIMITED PARTNERSHIP By: Albertville Townhomes GP, LLC Its: General Partner By: Armand E. Brachman Its: Secretary M.Tublic Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. 8.12. Meeting Date September 2, 2008 155 Mayor and Council Communication —August 26, 2008 Legal —Dominium Developer's Agreement Page 18 of 20 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2008, by Ron Klecker as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2008, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2008, by Armand E. Brachman, as secretary of Albertville Townhomes GP, LLC, the general partner of Albertville Townhomes Limited Partnership, on behalf of such limited partnership. Notary Public M:\Public Data\Development Agreements\Developer's Agreement Dominium Draft 5.1 (latest version).doc Agenda Item No. 8.12. Meeting Date September 2, 2008 156 its Fp z s.�=a� € �'= U v �-Z J O 3'Sq d•{�') 6rt� Jim 3 z.X h ,'�- • v> -Y ggtppFp3 Yl:�p I,.�tijjpi e�[E �5� � Eccloda qq ypy f p ��jrrpbpp@piptpO�Y��pps°pCg��'�sgi�s�CB§pN'p3g�yp39gF� 'f��zar�f�P 8p E[��E; yk�A��°Frisy`$��5A6 Is p0 5op� of �o Rig ° 0 =gip fig=°! i'z _._..___159 8�e W S� g 11i�j�{�=jai E { �jjit d s Ez.$ f�l�it�j'`{lit f fit aj4ffg 1] 30 2,X < • H{;_ 'I`tj i�fa�'; fi; t� wle3F Yidf2kP - ��O•vtzl.ah d� ''L�}��II��t�WY ii O Z pp pp k € y 13 a^a d i d^•�• fyp `§ aa.�j E 3€ ¢ � 4 U LLB? : d _— ��_� �i� p1e g� 4 ��k[[% €fv E� •%� "s € E $ � �a� of�- {R:t{ �� ? e��3 g� SS• Ens �� •kg 'a�ea p3� fs s § �I�rr k � f`R [9• k_r� �ak "a � ��R•� � i4 ai �ygg '� a 's� oz 160 N N £ yy r^N O i N NN zr�i� a Z J w y RR R O i=OLu L(�bEEE g Zz O 3q' �� WzPEYB �c� <Jco s goo -E:gL,z I Amaa1 o 161 ry N E o6 o =vv= 04g� Y �O61 Ecc oW co j g og 5` MM Lca 0 mAH c Ray t_ - � i9 � O � � a U _ o Z U W U e - O m_ 1. W W .sal4Q� 162 i—NNE a �4 i I I �a CL oW m3 I pi 71IIII1 li�l{C.� ��II:�� I��il ? i {{ S� 1 IC (1Y 44(j 1 J,t• 7 SI�I 31'. �. akh Il�ry I : a .'!I �I� h,l 11�11I�p I If�Yj� 15 Iw' �I�,�n�ppl li r'@III f6 Y9RI RI d�rltl }k �Ir til� !b#F�hl ' .�IQ �� I�999,i�i:.1..1. ; aieva Y�'•Ipyti,@rl Y RAM ' 4., r ?Na .:s:...l. 6': Wi:a'." :T ),;•"• z Z O O z 5 I I �,• la�l_�I C � OJ O F I O I. N N N J m_ Q �` W •�l99e3 163 W �W d juj0Z O IT -mo >O L¢ fO Z 7=z P a w c� on Qto 0 - t W tT'✓ �a.EF i c r $ z jCM0c O00 LL a o 0 � tV I;. n � t f . W W 164 oo N N E pc JC L yy . it .pCY X�q R R R f'1 my mFNN �oo,o Z O O Y 7y {Rye Z N O O Y� �pc C O t( € d ry t D ow F �LL Qw mZ Q > O =.Fga� $ fia l Z m I - a - - U_ i I J --- a 0 -o., z - J o U N m illi cn m. s q5 I W 165 ! = 2 5 / § ® !!i Ln }!- 0 \ z \ � } ! u co t \ \ co --- ^� f % 'co Co \\� � . \ \ co N Hq , � i - - . : | I / a � § � . ` \ Clo . \,- ¥ . � ; ui . . �n IMP /J ZCL O < � LU ia8 � Z v< �o�.� W �� g g M v OaOv� o �i �� Q t7 f full -� � I 1111 o r b cog co y E Go co t [ 5 z a' z m ` o m o � J � 1 .i Z liu�:'i:pi O m _W 1 W U 167 } p n N E p �i P m .moo 0 In fb y i �jf j$ Z J 2: r V >> yEi i o � � N m Z a e a , �! ! 7777I 2 2 / § ° !• !!f g g 20 §} ; -CIO 0 § 3 z ; x W 169 P2 Ow s 0 A o ti v> Z CAE mbe> u nF 1 0 z ow < 0!� Q - 2 a_ q L) oa� A z < 00 z m a CL < W,o L > �w ----------- . . . . . . . . . . . . . . . . . . . . ... CS 1. Wa to o li .......... ......... ........... 'X x0 z 0 ui < m co 0 0 14 �: � n 0 LS,) C) m < LO woLai y u Z 0 —Q -: , F4 7 < C� < 0 0AC, ix 00 < QV z *>,— >Ul >0 Q Q- ow s2,14qL,3 170 t E n N cc _Zd t F pia Y O g O1 D O ��w z WC� mY1 CAS rvf1� W i B I J F Si 7755 ��55 RIR!K _ N of LU LLJ 171 �yyi�-Lj E s■p SDI l C y °in LU J w JO E y sf x N Lo O ° Q eo .o �° > O ? Zd Z J _ w Z p 1 O Z Q Ln 4 o g .. y� �+, m "L Z n L .m a v.m om �E M � � Q Q '� �� ym as�� J Q g c e R - 5>,E lil i�!I�;h";Mile �' illiu II ' 4i'I'I!i z cl�:.11i��:; w z tLllit;;j: _ w \`Y 1iil,I .G U u d O m i - CD _ ~ pp -u I � I L � ddJJ CO II: I :all p t J: z f c�'i- 'lli' pNy s-.1� z LJ K m L= Jz N m 1 1 Ly N HE Al m_ k in t W U .�144g3 172 �o � F— to t IR p�r�i °° �Z —cw L�>:d F ' 3d Z ! n ^ O F rV N Z6 zz O Z a_O Y i ? O O 2 O .w J pp i u u f O C O. 0 D. O N a Z49 . CC) O W °� O] J Q0 z b �Y J y i m 'W Q t'1 aa Q_� mx> HLLe gl R o 173 N N N�rn++.No 0 >� �� zz ��€ >�0 a Qo M O ffi a m r s v°> E w j z i'38 ; I J' Q LA 5 rn a Yy Q o fit w _ �, 0 -11, 3 174 NAMry N � d -d 111 N P I Z w J y[�' & �5 R RJR In i m Z O F N N O Z C- p Lu 6 a $�� 8r co ZOO a O w 0 iii # v UP � Ow m 5 hRrS� 175 ry N j mm W W W L� �3 �. I R R R 10 N ZOo —I Y O x L iLL wz co di Z i g OwQ Ln 5 Pis 176 y C M ry LU do qp� >� t ° Z n �i p1€l tl �66a 0 Fzpp ry N O j0 O ci� Z 0" Qe m v m Z s�LLVVVV C f a ZOO Q N LM mwm W a� m s y q 44 IIGijH "I Iilll 11� 1 Eki� Ir III rNll7�.. � � ':i I all+alb .d'.IOJ = �li��i 1 I lil l I _J H 4 yI q. I sa I YI n ,Ir---, pdiiiil I :�"j II 9_ N ; II ....� Y•3a'i'- __ I �d m b m E 34 I Z w ZCD LA l oo 177 E °41 �� r 8 a r Of � ! ?� • I�1Y7 < ita . {tFxiF:il �I I � I $fH• if s � > k 31-II?I��I{I�I#�11� o 5r��2 Ulu 3 6 =l4a € >37 y i Ran gi x i. 1 s: _Eli: Y � HIM, Q s 101,11 �� gg �yy �,j� S 63y :fmi E2 Y i �H I11VM, Se mH �§ `101lb�33 e` e{ r� � ��4'z '3� F i g8a£� Sa 4 q 3y3g p'11 H§ !<E_- ia. 3F'XX yfl 43 F F f�x{ t; e3g3�� tb * �� ari �i4° ` '� 4<i x �.se! �ay c nP ° as fQP = $ ,� HIM! ;� �. Fa ;� �!5€ a € �3 !��_€ io i°nif s `� 3 �[S :a�4� BS p8n`"�$P D: EEi3 '� M �g5 =1 ti p f gay g�� x y e air i� s Q F€� tis €aESax 9 H1111P 36a 1f$f 6e3 H, HIM, _a zi if io tl.l9 5y;fllf, B. 4hg4€3{' te Y; o{i�ay2 : 6 all a 64'�1 g27 z` e gi€ sane 8p�. C ii [E H�HAi Q�r NO �� EE �: �'i z�i D;. E��d�• �b' 3 z�zs q? PF ! :s x`3 8 Es 9$ ;$g : 43c ❑3 FSe Di 'M JIP'l { i ill yy=3e �@ `s9 �@°�; �s it . 1!' S: F �I a�9� 43 i I£4 I' ppil ��t'RE r vI i= a 4 4 4E£ 4 I'll 73Ea`{@e 178 ago a, < 3 12f�� S �5� .j 5P'•$ ° t'•��ift7i a ip� W £ f Zyt o �� IIIIIIIiIIIEj w O � C O d N O C w y J c O p c� d ? o c 3 w �r d ,dam c d m E c H C y w c m y Z. .cf0. 00m t d y W O 10 d N 01L+ N .. N d W C L O d E •p p N w d O w C C 41� F.ad O d Gw •-N plyO 41 O dla SON V T� N •- d' CEO N C ` •c c ccN = N to C °�' 3 •c tOD TO to 0 w V 0) "O +d" N O W O OIL p O •O C O 3 C N U w O V 7 N v cYiuci3 ctEWo u10icdi�oacivEw IV d ap m C N d W C W 0 N t 0) L oI c m •E o a �S oI M dtu 'mac •8 -v ` 10w .. N aw c! 9 w �% O Q U o N y 0 N w p'!'f O N V A 41� V t"•() d E t1L W N dc' U c 0 0 _ �p .L. c d d c d C d d ,.L. N. ' O,cn L d E d Oti L N 0 N IL=z F3!0 '¢. �� `.ice � � •r�� - o - 90 FC `yo og. 6'.b •�`s�S a l / \ i_1_________________J__J 1Y]d Yid 1N _'3 3- 0NY 179 Py! HIM 3Ji xiz$B. o � s� r^ � 8 �F x�:�tj`{tt{ ;�i�i �t5,, �i•�; I 6 ..d 7` t;FFF ! 9� {1 it lIIIIIIIIri bii of`'z@ �§��Y? 9�t fL6j t�►'l� g�l8 o � g6 3€ { F 6 g ;j %" 8F {ri m _. c tl °�b o02 �iR 1 = p er g E 6 3Tf, {(F5 b E! a`iC .. �i��. iEOB: LY{ 'l i _"'- i Q� a �g PI l d ! yy gg sslj LL c 9 o LL 02� a 6s� a 6L HAI �a�E �qt tS�E Egg sa � =iIN u � � cd 8Eo G°�ia im o-i oD- 4' f 6�i Z Ho wif If ,p \ i� ! i' , - - is .. I I_yo l F I i I� xl II rl ca koio .+ i i \ 19 \\ I 1 :1"! 4 °' Q' $& Y''L? d11 � g �'I S. •'& ^g',: � i�l -�— '.''}d III 4 `.• b�. /' ^' `"�, if evs Lo uj •oxrac,vox•,x18 0 rn aoosaiv / z E s z �* <w= 9E O4,Y °S 2 .g,S \Ygg11 s Ts 00-9SL 3„f4,91.00N I j I I I I 1 I I I I 1 I 1 I I I 1 I I I I i I I I i 181 J~� �b£Y`tYlll£ Mayor and Council Communication Sandra U b.Q. fY 40tµ Ur - August 25, 2008 SUBJECT: LEGAL — VACATION OF DRAINAGE AND UTILITY EASEMENTS FOR DOMINIUM DEVELOPMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion: approve Resolution No. 2008-049 entitled a Resolution Vacating Drainage and Utility Easements. BACKGROUND: In 1993, the owners of Lot 1, Block 1, Westwind Third Addition dedicated a utility easement to the Joint Powers Water Board to support the installation of a water line that was intended to serve a 75-unit apartment building. The Joint Powers Board is expected to convey its easement to the City at its August 25t' meeting. Dominium Development now proposes to place townhomes on this lot, and needs to have portions of this easement vacated as well as portions of the drainage and utility easements that were platted with the Westwind Third Addition plat in order to accommodate the townhome plan. The easements to be dedicated are highlighted on the attached exhibits A and B. Dominium will be dedicating new easements to the City consistent with its proposed Townhome plan. The easements to be dedicated by Dominium are shown on the attached Exhibit C. Notice of the required public hearing has been properly published and mailed. 1 / amlilm-11 • Vacation of the easements are required to accommodate the proposed Dominium townhome development. • Dominium will be dedicating additional easements that will fully support the utilities and drainage structures on the lot. POLICY CONSIDERATIONS: Approval of the requested vacation is a policy decision for the City Council. Staff suggests that any motion to approve the vacation be conditioned upon the Dominium dedicating the easements shown on Exhibit C and upon Dominium paying the City's costs of vacation. FINANCIAL CONSIDERATIONS: None. M:\Public Data\Requests for Council Actions (RCA)\2008\09 02 2008 8-J-3 RCA Dominium utility easement vacation.doc Agenda Item No. 8.12. Meeting Date September 2, 2008 'F CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2008-049 RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS WHEREAS, the City of Albertville has duly published and mailed notice of a public hearing to consider the vacation of portions of the drainage and utility easements located on Lot 1, Block, 1, Westwind Third Addition, according to the plat of record in the Wright County Recorder's Office, Wright County, Minnesota, said easements to be vacated being legally described as follows: AND That part of Lot 1, Block 1, Westwind Third Addition, Wright County, Minnesota, being a 20.00 foot strip of land, the centerline of which is described as follows: Commencing at the northeasterly corner of said Lot 1; thence southwesterly on an assumed bearing of South 29 degrees 11 minutes 06 seconds West, along the easterly line of said Lot 1 and its southerly extension, a distance of 394.00 feet; thence North 60 degrees 48 minutes 54 seconds West a distance of 207.00 feet to the point of beginning of the centerline to be described; thence North 60 degrees 48 minutes 54 seconds West a distance of 10.00 feet; thence South 29 degrees 11 minutes 06 seconds West a distance of 33.00 feet and said centerline there terminating. That part of the drainage and utility easement as dedicated in Lot 1, Block 1, WESTWIND THIRD ADDITION, according to the recorded plat thereof, Wright County, Minnesota, which lies within the following described parcel: Commencing at the most southerly corner of said Lot l; thence northeasterly on an assumed bearing of North 29 degrees 11 minutes 06 seconds East along the easterly line of said Lot 1, a distance of 69.54 feet; thence North 60 degrees 48 minutes 54 seconds West a distance of 170.00 feet to the point of beginning of the parcel to be described; thence North 29 degrees 11 minutes 06 seconds East a distance of 62.00 feet; thence North 60 degrees 48 minutes 54 seconds West a distance of 61.07 feet; thence South 00 degrees 16 minutes 43 seconds West a distance of 29.00 feet; thence South 89 degrees 43 minutes 17 seconds East a distance of 17.00 feet; thence South 6 degrees 28 minutes 48 seconds East a distance of 55.18 feet to the point of beginning and there terminating. Together with; That part of the drainage and utility easement as dedicated in Lot 1, Block 1, WESTWIND THIRD ADDITION, according to the recorded plat thereof, Wright M:\Public Data\Resolutions\2008 Resolutions\draft\09 02 2008 8-J-3 R 2008-049 (Dominium Townhomes vacation).doc Agenda Item No. 8.e1.2. Meeting Date September 2, 2008 185 City of Albertville County of Wright Resolution No. 2008-049 Page 2 County, Minnesota, being a 7.50 foot wide strip of land, the southeasterly line of which is described as follows: Commencing at the most northerly corner of said Lot l; thence southeasterly on an assumed bearing of South 60 degrees 48 minutes 54 seconds East, along the northerly line of said Lot 1, a distance of 77.92 feet; thence South 29 degrees 11 minutes 06 seconds West a distance of 10.00 feet to the point of beginning of the line to be described; thence continuing South 29 degrees 11 minutes 06 seconds West a distance of 293.79 feet and said line there terminating. WHEREAS, the City has heard from all interested members of the public at a duly noticed public hearing to consider said vacation; and WHEREAS, the City believes that with the dedication of additional easements by the owner of the property the drainage and utility easements considered for vacation are no longer needed for drainage and utility purposes; and WHEREAS, the City believes that it is in the interest of the public to vacate said drainage and utility easements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ALBERTVILLE: 1. The City finds that said drainage and utility easements described above are no longer needed for public purposes; and 2. The City finds that it is in the interest of the public to vacate said drainage and utility easements described above; and 3. The City Clerk is hereby directed to execute the necessary paperwork to complete the vacation of said drainage and utility easements described above. Dated: , 2008 Ron Klecker, Mayor ATTEST: Bridget Miller, Clerk MAPublic Data\Resolutions\2008 Resolutions\draft\09 02 2008 8-J-3 R 2008-049 (Dominium Townhomes vacation).doc Agenda Item No. 8.12. Meeting Date September 2, 2008 i i I I I I N00°16'43"E 356.00 C 0 A C� N07°4=-116.6 N00° 16' 43"E 153.80 '� N00° 16' 53"E N00° 16' 53' E "`Jy 'A 22. `fir\\�===��`�`~V 9 8 �20. 00 :2 to poi` �5 w N00°16'53"E�"4 6>S• 7 � N C' co lO oCh °o 00 ` ' c19. 00, 9. $_ 0 U �O N N WQ Wo co CD rtCD 0 a N,c+ Dl I0 CD rn co 3 (D rt 14 \'by�o' >>:� 19-,� r° A S' 9° >A. s3•• �b � 700 omo 00„ oC� 'A / 61 Q 9,> 9 A� / J3 / z z o III' 0 ° z y a a o° m ;_� z "" D3 M D z mZ Cl)d °c R 3�aa°ag93yTm 8 < (n �+ O O nZ G= W 3 z ><Ci n n ?� g6 � 'a��p3g$E �d Pd � N • 2 tiC� A3 - r O m 23D z n rn 8�Sgyq;..; ° e_. O 3��,�o z„ C =qzo = m=zt :� s W m Z g �' a z",� 3: Q O o C-I :a -ga FiBy 4i NN$ a M �go 0o y ^n C7 o �— gad 3 i�� a N V nZ OC m V zg gy > D Agenda Item No. 8, «2, Meeting Date September 2, 2008 S so S O 1 0 rt to M S. � tD y O Q aaamo C S C 0 ,r7 � 3 C c 0 m Q .O+ m onto m N y = M �3m? �O S c.CD �O AA 2 tD M. d to m tiN Zto K n-C. t) C• C O OF 7 Q m Ct t0 3 c ° 3. to r 03 A °1 'Fr M m C. O M� c a: 3 tCD - c C m -' n C tD 'O Nc CD CD3 C. -.0 t31 O Q. O A o r 0 3 N Z oOt O c S 0 m 3 d m n O O O "'. cN0 O -Oh�• M 0) ~ N �'rL y tD WtQA�`-'o° tS1 C. ems. CD � .1 N , ota to O '8 c M. ca �' y = O ,,,r C .. O m .C. 3 CM * a r. CL O' tD C. M 0 7 0 to � �� C tAfCfC .C.p.m N r = agn 'O A 3.0.r. to tD -hC.rt Gl 'O O+� O L r a3�� oap'0 3,c zc a3 0 p O ' 'd C1 03� c O•CC O w c_�3 0 Cr�,jy 0�01 A 0 m c m y-9 C 0 =�� °"°GA r 0) tD a) y to 0 y C O� Q -to m M Q o A 0 ,a M tyro CA Z L d r cn55a W y 0 0 (Am tJl .•f rt (S I �G tC O rt S M tt! Q.Q IQ tD CO 7 0 w m M tr O O .C+ O p Z C' _ � 01 � a.C.0 C.C,a�C " Oy 0 y M y .y. y w C' N 3 tD `'�. •-1 to CDOrnt M C rt c w m n a' !C! Pe.2) y 0 m S C O �+ 3 POS to c to m m ,N. = °'wo �'°'0 = °1 w c n� A ty 'C t�D O C• N -• m e C. C C v o 3 _ r. C O C to Q1 O O M O tD A Q SSam O 7 0 0 c Z -.% 3 h" =• � 0 n is ap O 0 -. A p1 tD c ci 3 m,3 Vtv -h S�C 7 y O =0 3 M w; (Ajc��(aZ0� yam CO)cC) S-`< Q� O C' 4 tD C. M M- � 7 C m fOA n * M M S to Z t 'O N c� N ty C to C e' to • S ,.' C Z O 9 � fA tD O � M P tC y m c 00 -h O � Q y C. --k � CL A �, 5• d to " tSD o y r1L cc m 0' ,Or 3. Gp Q C. Cr re- C Q -I .C. r tp aQ�c�tocmttrQtAre,S O cQ 171 Gt ;� O A C O y_& 0 C. r? io to C •Q sk m > z mDD W n n 3 ¢f3 - �gie4�ad a�sE H qz = m qa w '0 o Xnm F a !$!qqc!c}$ o `•_j�$ 7 d s'$ 6�m y• 3 c,�S c m 0 -a=D 71�z Frng8.�� 2 ' 3}i ' a-, O R kgg,. z m OC 70 o =qOz € t} s�}gaa t a� m8Z OP 3 O o Z� N }$ (} }9}Q��s 'c p z ?p m Z H}� }� re N mnr —+i z o } Li y it jr } 3 Nn e y S a nZ p -1 m V `R 5i3 Y Li Lj Agenda Item No. 8.J.2. Meeting Date September 2, 2008 -\ -- . _____- UTILITY AND DRAINAGE EASEMENT PER PLAT to 30 o / -_ - -- --- o ? o '00 o y��'ya larTl �p, / _ //° / I - / I / - I/�/o/ s � �a^aye' / cA, ------------- All \\S'1 I\ . --' i / / I2?BTY Uq\06' cc(o Gj ssj6o�Fss- � S CD Q:NAO Otap M?N— 0 �tt] �* O to �1 tC tD C O o rt rt a C 0 _rt COD tc0 3 MV 0 O 0 to O � � �+ vl � IL 3 O C. CLn CD I"'' M- r C CD rt 7 CA)to CO p 3 — tC 7' tC rt N (A Ot CD CD CD �'* 3 Q: O M atCD 3 a ( C. W OA PIL .-r tD rt p1 O (OA (4) rt 7 O rOlCDs w 3 'a y �+ M( 0'CD 0 to o = fA rn o d CL n 0 P. O 3 Er� 01 2 .-r CL Z -htD wo_= iv _3c(D CD o.o M tv O O a M O A tD O y y 3 to y '_ 11 =p-Ois�t=•G.pp1 pN CCD t(D� It 0 y o M y 40 40= : C 3E CD y CD to '< n tV p, CD C C. 3 tD 3 0 m C tD n p CD tC y to n CD O is C CL CCD H y 3 C; ,may tp CD 11 Ct O CL 0 (� �► .� cD CA n 3 O �, rt Q O at O CD CD CD C 3 0 3 C t' y 0? 3 0 D O O AL co M G ��itg@agg@Bgg�aFD 9(� d ��$ W n a 'N" Yz m r 3 mzD W Yn n a a R �,[ MOnOC m O W o =mm � 8 i ay; a R C 3�A.NvUl m C Imo a P ry Nyr-p C wp �, m OP Z 3 Z A"'o� $d r" O r0 Z m n r O g Y$ It Egg39tg� "� y v= nZ 0 m it ! t Agenda Item No. 8.12. Meeting Date September 2, 2008 STATE OF MINNESOTA COUNTY OF WRIGHT S.J. Louis Construction, Inc., Plaintiffs, V. Minnesota Development Agency, LLC, a Minnesota Limited Liability Company; Hunters Development, LLC, a Minnesota Limited Liability Company; Contractors Capital Corporation; a Minnesota corporation; And City of Albertville, a Minnesota Municipal corporation, Defendants. DISTRICT COURT SEVENTH JUDICIAL DISTRICT CASE TYPE: CONTRACT Court File No. SETTLEMENT AGREEMENT SETTLEMENT AGREEMENT TO REMEDY DEFAULT OCCURRING UNDER THE TERMS OF DEVELOPER'S AGREEMENT WHEREAS, The City of Albertville ("City") and Hunters Development, LLC ("Developer") entered into a Planned Unit Development Agreement dated August 12, 2005 ("Development Agreement") for the Hunters Pass Development; and WHEREAS, Pursuant to the Development Agreement, the Developer has posted a letter of credit with the City which currently has a balance of $195,993.77 remaining; and WHEREAS, Developer's Municipal Improvement warranty obligations extend to damage occurring to Municipal Improvements through August 12, 2008 under the Development Agreement; and WHEREAS, Damage to Municipal Improvements covered under warranty and remaining work to be done by Developer as required by the Developer's Agreement is estimated to cost $54,500.00; and M:\Public Data\Agreements\2008\09 02 2008 844 S J Louis Settlement Agreement 2 (Hunters Pass).doc Agenda Item No. 8.13. Meeting Date September 2, 2008 187 S. J. Louis Construction, Inc. Settlement Agreement to Remedy Default — Under Terms of Developer's Agreement Page 2 WHEREAS, Paragraph 3.0 of the Development Agreement required Developer to provide the City with lien waivers from all contractors and subcontractors engaged to construct required Municipal Improvements; and WHEREAS, Developer contracted with Minnesota Development Agency, LLC ("MDA") to construct the Municipal Improvements, and MDA contracted with S.J. Louis Construction, Inc ("S.J. Louis") as the general contractor to install the Municipal Improvements; and WHEREAS, S.J. Louis installed said Municipal Improvements, but has not been fully paid for such work and is still due $151,082.14 from MDA for such work; and WHEREAS, S.J. Louis has refused to provide lien waivers until it is fully paid by MDA; and WHEREAS, the City has found the Developer in default under the Development Agreement for failure to provide lien wavers required under the Development Agreement and failure to pay costs incurred by the City related to the Hunters Pass Development; and WHEREAS, S.J. Louis has initiated an action against Developer, MDA, Contractor's Capital Corporation and the City seeking a monetary judgment against Developer and a Court order requiring the City to draw on Developer's letter of credit ("Litigation"); and WHEREAS, the City, the Developer, MDA and S.J. Louis have reached an agreement to settle the Litigation. NOW, THEREFORE, the City, Developer and S.J. Louis agree as follows: Developer acknowledges that it is in default under the Developer's Agreement for the following items: a. Breach of Paragraph 3B for failure to remedy curb failures in the Hunters Pass Development; b. Breach of Paragraph 14H for failure to fully comply with all wetland monitoring and maintenance requirements; c. Breach of Paragraph 3C for failure to provide the City with lien waivers for the Municipal Improvements installed in the Hunters Pass Development; d. Breach of Paragraph 19 for failure to indemnify the City and hold it harmless from costs incurred due to the Litigation; e. Breach of Paragraph 8 for failure to reimburse the City for costs incurred in the enforcement of the Development Agreement. M:\Public Data\Agreements\2008\09 02 2008 844 S J Louis Settlement Agreement 2 (Hunters Pass).doc Agenda Item No. 8.13. .3. Meeting Date September 2, 2008 W.. S. J. Louis Construction, Inc. Settlement Agreement to Remedy Default — Under Terms of Developer's Agreement Page 3 2. Developer waives its right to notice of default as required by paragraph 15.A of the Development Agreement for the defaults set out in paragraph 1 above. 3. The City shall draw on Developer's letter of credit in an amount sufficient to: a. Pay for the necessary curb repairs and any other warranty work in the Hunters Pass Development; b. Monitor and maintain the wetlands as required by the Wetland Conservation Act and the approved wetland replacement plan;. c. Reimburse the City for all outstanding expenses incurred by it related to the Hunters Pass Development, including expenses of the Litigation; d. Pay S.J. Louis $151,082.14 it is owed by MDA for work in the Hunters Pass Development; 4. The parties shall file this case in Wright County District Court and agree to seek a Court order authorizing the City to use said letter of credit proceeds to pay S.J. Louis consistent with the terms of this Agreement. Upon the issuance of a court order authorizing the City to use said letter of credit proceeds to pay S.J. Louis, the City shall pay to S.J. Louis $120,000.00 in partial payment of the amounts due S.J. Louis from MDA as a result of S.J. Louis' work installing the Municipal Improvements. 5. The City shall make good faith efforts to get all curbs and other warranty work in the Hunters Pass Development repaired and contracts issued for all required wetland work prior to November 30, 2008, using proceeds from the draw upon the letter of credit to pay for such repairs and pay for such wetland work. Upon completion of all warranty work and issuance of contracts for all required wetland work, the City shall deduct all such costs (including the costs of the required wetland monitoring and maintenance work as set out in such contracts) from the letter of credit proceeds. In addition, the City shall reimburse itself from the proceeds of the letter of credit for all expenses incurred by it related to the Hunters Pass Development, including engineer's expenses, attorneys' fees and other expenses of this Litigation. 6. After the issuance of the Court order contemplated in paragraph 4 above and the reimbursement of all expenses as set out in paragraph 5 above, the City shall use the remaining letter of credit proceeds to pay S.J. Louis, up to an amount that, combined with the payment to S.J. Louis described in paragraph 4 above, equals $151,082.14. 7. Upon payment to S.J. Louis by the City of $151,082.14, S.J. Louis shall: a. Provide the City with lien waivers for all work performed in installing the Municipal Improvements. b. Execute the attached Dismissal With Prejudice dismissing the Litigation in its entirety against all named defendants and provide each defendant with an original of said Dismissal With Prejudice. M:\Public Data\Agreements\2008\09 02 2008 8-J-4 S J Louis Settlement Agreement 2 (Hunters Pass).doc Agenda Item No. 8.13. Meeting Date September 2, 2008 H S. J. Louis Construction, Inc. Settlement Agreement to Remedy Default — Under Terms of Developer's Agreement Page 4 8. In the event S.J. Louis is paid from the proceeds of the letter of credit as contemplated herein but such proceeds are insufficient to fully satisfy S.J. Louis' claim of $151,082.14, S.J. Louis agrees that it shall dismiss the City from this litigation (with prejudice) and agrees to hold the City harmless from any claims of S.J. Louis for payment of remaining monies owned to S.J. Louis by MDA or Developer arising from work on the Hunters Pass development. 9. Any excess proceeds held by the City after payment of all monies required under this Settlement Agreement shall be returned to Developer, except for any monies necessary for wetland mitigation monitoring, which shall not be returned until after all wetland mitigation monitoring has been completed and Developer has fulfilled all of its wetland mitigation obligations with respect to the Hunters Pass Development. 10. In the event the Wright County District Court does not issue an order authorizing the City to pay S.J. Louis for its work on the Municipal Improvements in the Hunters Pass development, the City shall pay any remaining letter of credit funds (after payment of all City construction, contract and reimbursement costs set out in paragraph 5 above) into the Wright County District Court for disposition as the Wright County District Court may direct. 11. The Plaintiff shall pay its own costs and attorneys' fees related to this action, as shall Minnesota Development Agency, LLC, and Hunters Development, LLC. The City's costs and attorneys' fees shall be paid from the letter of credit proceeds as set out in paragraph 5 above, and shall remain governed by the terms of the Development Agreement. 12. Nothing in this Agreement shall act to modify the Development Agreement as it applies to any future default by Developer under said Development Agreement. Dated: CITY OF ALBERTVILLE Ron Klecker, Mayor Bridget Miller, Clerk 2008 M:\Public Data\Agreements\2008\09 02 2008 8-J-4 S J Louis Settlement Agreement 2 (Hunters Pass).doc Agenda Item No. 8.13. Meeting Date September 2, 2008 190 AL� To: Larry Kruse, City Administrator; Albertville City Council From: Mike Couri Date: August 25, 2008 Re: Attorney Report Below is an update of the projects our office has been working on for the City. • Highway 19 South Improvement. Mediation is scheduled for August 28th. We are still trying to get Virgil Hawkins' deposition scheduled and taken. I am also coordinating with Psyk's attorney on a date to meet with the Psyks. • XCEL Franchise Agreement. I have made revisions to Xcel Energy's franchise agreement and have sent it to Xcel for their review. • Albertville Marketplace. The developer's agreement amendment to accommodate Emma Krumbees has been sent to the developer's attorney. • City Hall Plat. The final plat mylars are being printed. Once the County approves the mylars, we will record the plat. • Prairie Run. Gold Key's attorney has yet to get back to me with a plan for addressing the private street maintenance. The last time we spoke he trying to reach Dean Johnson to discuss the issue. • TIF Districts. I have left messages with Albert Barthel and Bertha Fehn to try to get some documentation of the TIF eligible costs incurred by Barthel Bus Garage. M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 844 Attorney Report 12, September 2, 2008.docc Agenda Item No. 8.3 A Meeting Date September 2, 2008 193 Mayor and Council Communication — August 25, 2008 Legal — City Attorney's Report Page 2 of 3 Bertha Fehn has been going through the company's bank records to see if the information we need still exists. • Towne Lakes 6th Addition. Hennen Construction has not been paid by CPDC for some of the utility and street work installed in the 6th Addition. We continue to hold a letter of credit provided by CPDC, and Hennen would like us to draw on that letter of credit to pay Hennen. The developer's agreement appears to allow this, but I would like to see the parties agree to the draw, or, in the alternative, have a court rule that we are authorized to do so as I do not want to have the developer or the bank come back to the City with a claim that the money drawn was improperly used as the improvements have already been installed. I have been in contact with Hennen's attorney recently. To date, they have not contacted the bank and in the meantime, Alliance Bank who issued the letter of credit to the City has sold its interest in the Towne Lakes 6th Addition to another bank. This will likely complicate the matter for Hennen and makes it more likely that Hennen will end up filing a declaratory judgment action similar to that filed by S.J. Louis. I spoke with Hennen's attorney last week and he indicated that Hennen will likely file a declaratory judgment action shortly. • Hunter's Pass. We have drawn on the Hunters Pass letter of credit in full as it was expiring. The bank is having their attorney review the documentation, and is supposed to get back to me by Wednesday, August 27th. I expect the bank to provide us with the full amount of the letter of credit in cash. The S.J. Louis litigation is on this week's agenda as a closed meeting item. • Albert Villas Pond. The School District's Attorney has approved the closing agreement and has forwarded title work to me. I am examining that title work now, after which time we should be able to close on the pond property. • Towne Lakes Water Bill. In the Towne Lakes First Addition Developer's Agreement, CPDC was required to maintain the parks for five years and then dedicate them to the City free and clear of special assessments. CPDC did not pay the water bills on the park lots (now totaling approximately $19,000) when it transferred the park lots to the City. I have sent CPDC a notice that the City is going to special assess its former sales office lot for the unpaid water bills, and copied that notice to Pete Scherer, who purchased CPDC's interest in that lot. I M:\Public Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 844 Attorney Report 12, September 2, 2008.doc Agenda Item No. 8.14. Meeting Date September 2, 2008 194 Mayor and Council Communication — August 25, 2008 Legal — City Attorney's Report Page 3 of 3 spoke with Mr. Scherer's attorney who indicated that Scherer Brothers Lumber is willing to pay the assessment, if the City will release the remaining five vacant lots it owns in Towne Lakes First Addition from any further liability on account of the developer's actions. While we recognize that some other unknown developer - related financial issues may arise, both Tina and I think that we should recover the $19,000 while we can. I have drafted an agreement to that effect an placed it on this agenda. • Dominium Townhomes. I have put together a draft of the developer's agreement for this development and have incorporated all of the developer's changes. The final developer's agreement, subject to confirmation of the letter of credit amounts, is on this agenda for approval. Also on the agenda, is the request to vacate a portion of the drainage and utility easements located on Dominium's property. • Niemeyer Trailer Sales. We are currently drafting the developer's agreement for the Niemeyer development and will begin work on setting up the separate sewer and water trunk districts when Niemeyer posts his letter of credit to pay for plans and specs for the utilities. • Downtown Plat. We are on hold on the downtown plat that includes Geez and the 152 Club pending the 152 Club securing financing. We expect to hear something by mid -September. MAPublic Data\City Council\Council Packet information\2008\09-02-08\09 02 2008 8-J-4 Attorney Report 12, September 2, 2008.doc Agenda Item No. 8.14. Meeting Date September 2, 2008 195 Nbertville Mayor and Council Communication August 27, 2008 SUBJECT: 0 ADMINISTRATION- A RESOLUTION SUPPORTING I-94 CORRIDOR EXPANSION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion approve Resolution No. 2008-044 entitled a Resolution Supporting I-94 Corridor Expansion. BACKGROUND: In recent years, the I-94 Corridor from Monticello to Maple Grove has experienced a significant amount of congestion on a regular basis. At times, on Friday and Sunday afternoons, the traffic slows to a crawl as the metro goes to and from greater Minnesota. This congestion is expanding into the daily commutes to and from work causing time delays and unnecessary fuel expense. Construction of an additional lane is not in MNDOT's twenty (20) year plan, as there is no funding for the project. Most Minnesotans are familiar with, the problem and agree something needs to be done in the near future to add capacity. Albertville has been working on a collector distributor system to move traffic between the CSAH 19 and CSAH 37 interchanges hoping to get the traveling public to where they want to go without using local streets, which are over congested. Most believe the addition of a sixth lane would compliment and be a good time to implement the collector distributor system. KEY ISSUES: • The corridor expansion effort is a multi -City and County effort. • The I-94 Chamber of Commerce has agreed to act as the lead agency to carry this message to our political leaders. • To lobby successfully it is important to have the support of all local jurisdictions. POLICY CONSIDERATIONS: It has been the City's Policy to support and encourage development and investment in regional transportation systems. FINANCIAL CONSIDERATIONS: Passage of this resolution does not have any fiscal implications. However, it may be prudent in the future to assist the I-94 Chamber of Commerce to provide some funding to lobby for these improvements. M:\Public Data\Requests for Council Actions (RCA)\2008\9 02 2008 8-K-1 I-94 Corridor Expansion RCA.doc Agenda Item No. 0..K. I.. Meeting Date: September 2, 2008 107 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2008-044 I-94 WEST CHAMBER OF COMMERCE A RESOLUTION SUPPORTING I-94 CORRIDOR EXPANSION WHEREAS, the City of Albertville is committed to the business and residential growth and expansion along the I-94 corridor from the 494/694 intersection in Maple Grove through Monticello (hereinafter the I-94 corridor); and WHEREAS, the I-94 Corridor has been one of the fastest growth corridors in the State of Minnesota and the Nation, and WHEREAS, City of Albertville believes the continued growth and economic expansion along the I-94 corridor is dependent upon its continued viability as an uncongested major transportation corridor serving businesses and residents of the northwestern Metro area as well as the State of Minnesota as a whole; and WHEREAS, The I-94 Corridor functions as a major transportation route for access to Northern and Northwestern Minnesota recreation areas, and WHEREAS, The I-94 Corridor is routinely congested, particularly in morning and afternoon rush hours, and, due to its role as a major transportation route to access Northern and Northwestern Minnesota recreation areas, congestion on the I-94 Corridor has expanded to weekends in the Summer and Holidays, as well as Fishing and Hunting Seasons. NOW, THEREFORE, BE IT RESOLVED that the City of Albertville hereby fully supports increased capacity in the I-94 Corridor as a transportation priority for the State of Minnesota. BE IT FURTHER RESOLVED that City of Albertville along with Cities, Counties and the I-94 West Chamber of Commerce business members along the I-94 Corridor from Maple Grove to Monticello agree to work with Congressional and Legislative Leaders, along with other Chambers of Commerce and business leaders throughout the state to help secure support from Congressional and Legislative leaders to advance the I-94 corridor improvement a priority for the State of Minnesota. Adopted by City of Albertville this Ron Klecker, Mayor Attest Bridget Miller, City Clerk day of , 2008 M:\Public Data\Resolutions\2008 Resolutions\draft\09 02 2008 R 2008-Oxx (I-94 Cities Revised (2)).doc Agenda Item No. 8. K. I. . Meeting Date September 2, 2008 199 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2008-044 I-94 WEST CHAMBER OF COMMERCE A RESOLUTION SUPPORTING I-94 CORRIDOR EXPANSION WHEREAS, the City of Albertville is committed to the business and residential growth and expansion along the I-94 corridor from the 494/694 intersection in Maple Grove through Monticello (hereinafter the I-94 corridor); and WHEREAS, the I-94 Corridor has been one of the fastest growth corridors in the State of Minnesota and the Nation, and WHEREAS, City of Albertville believes the continued growth and economic expansion along the I-94 corridor is dependent upon its continued viability as an uncongested major transportation corridor serving businesses and residents of the northwestern Metro area as well as the State of Minnesota as a whole; and WHEREAS, The I-94 Corridor functions as a major transportation route for access to Northern and Northwestern Minnesota recreation areas, and WHEREAS, The I-94 Corridor is routinely congested, particularly in morning and afternoon rush hours, and, due to its role as a major transportation route to access Northern and Northwestern Minnesota recreation areas, congestion on the I-94 Corridor has expanded to weekends in the Summer and Holidays, as well as Fishing and Hunting Seasons. NOW, THEREFORE, BE IT RESOLVED that the City of Albertville hereby fully supports increased capacity in the I-94 Corridor as a transportation priority for the State of Minnesota. BE IT FURTHER RESOLVED that City of Albertville along with Cities, Counties and the I-94 West Chamber of Commerce business members along the I-94 Corridor from Maple Grove to Monticello agree to work with Congressional and Legislative Leaders, along with other Chambers of Commerce and business leaders throughout the state to help secure support from Congressional and Legislative leaders to advance the I-94 corridor improvement a priority for the State of Minnesota. Adopted by City of Albertville this day of , 2008 Ron Klecker, Mayor Attest Bridget Miller, City Clerk M:\Public Data\Resolutions\2008 Resolutions\draft\09 02 2008 R 2008-Oxx (I-94 Cities Revised (2)).doc Agenda Item No. 8. K.1.. Meeting Date September 2, 2008 200