2007-04-02 CC Packet4
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ALBERTVILLE CITY COUNCIL
AGENDA
APRIL 2, 2007
7:00 PM
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER ROLL CALL — ADOPT AGENDA
3. MINUTES
A. March 19, 2007 City Council minutes (pgs. 5-14)
4. INTRODUCTION OF GERALD GERADS
5. CITIZEN FORUM — (10 Minute Limit)
6. CONSENT AGENDA
A. Approve
payment of claims check numbers 024076 to 024128 (pgs. 15-22)
B. Liquor License
Renewals
1). Off -Sale Liquor License
a.
Holm's Holding (152 Club)
b.
C. L. Gentile Inc. (Geez Sports Bar & Grill)
c.
Twin Star Food / Beverage Co. Inc. (Full Moon Saloon & Bar)
d.
Westside Liquor, Inc.
e.
Hackenmueller's Inc. (Hack's Liquor Store)
f.
Coborn's Liquor Store
2). On
-Sale Liquor Licenses
a.
Holm's Holding (152 Club)
b.
C. L. Gentile Inc. (Geez Sports Bar & Grill)
c.
Twin Star Food / Beverage Co. Inc. (Full Moon Saloon & Bar)
d.
D. Michael B's II Inc.
e.
Major's Sports Cafe
L
Space Alien's Grill & Bar
g.
Cedar Creek Bar & Grill
h.
Rancho Grande
3). Special Sunday On -Sale Liquor License
a.
Holm's Holding (152 Club)
b.
C. L. Gentile Inc. (Geez Sports Bar & Grill)
c.
Twin Star Food / Beverage Co. Inc. (Full Moon Saloon & Bar)
d.
D. Michael B's II Inc.
ie.
Major's Sports Cafe
L Space Alien's Grill & Bar
g. Cedar Creek Bar & Grill
h. Rancho Grande
4). Off -Sale 3.2% Malt Beverage
a. Croix Oil — Mobil Convenience Store
b. Coborn's Grocery Store
5). On -Sale Wine License
a. Hong Thai Inc.
6). On -Sale 3.2% Malt Beverage
a. Hong Thai Inc.
C. Approve Resolution No. 2007-xx entitled a Resolution Approving Plans and
Specifications for Municipal Improvements for Proposed Albertville 2007 Street
Overlay Project and Authorizing to Advertise for Bids
D. Approve Resolution No. 2007-xx entitled a Resolution Approving Plans and
Specifications for Municipal Improvements for Proposed Albertville 2007 Sealcoat
Improvement Project and Authorizing to Solicit Bids
E. Approve application for 3.2 Malt Liquor License for the Albertville Lions for the
Albertville Fire Department Steak and Shrimp Dinner to be held on Saturday, April 21
at the St. Albert Parish Center
F. Approve the Bolton & Menk, Inc. Engineer's recommendation to Release the Letter of
Credit for Mooney's 2"d Addition from $25,000 to $0.00
7. ACTION ON PULLED CONSENT ITEMS
8. PUBLIC HEARING
A. Resolution No. 2006-69 Vacation of MacKenzie Avenue NE that lies North of 52"d
Street NE and South of the Burlington Northern Railroad within the City of Albertville
(table at the March 5, 2007 meeting)
9. DEPARTMENT BUSINESS
A. Public Works Department
1). Public Works Monthly Update
B. Finance Department
1). Accounts Receivable Update
2). Project Status Update
3). Quarterly Update
4). Fire Department 800 mhz Update
C. City Clerk
2
D. Planning and Zoning
• 1). Albertville Marketplace (Phil Morris Property) (pgs. 43-78, plus attachments)
a. Approve Resolution No. 2007-xx entitled a Resolution Approving a
Preliminary Plat and Planned Unit Development (PUD), Conditional Use
Permit (CUP) for the Albertville Marketplace Located at the Corner of
CSAH 37 and Interstate 94 within the City of Albertville
b. Bolton & Menk, Inc. Engineers Report
c. Developer's Agreement
2). Shoppes at Prairie Run 2nd Addition (pgs. 79-81)
a. Approve Resolution No. 2007-xx entitled a Resolution Approving Shoppes
of Prairie Run 2nd Addition Preliminary Plat and Final Plat located at 5292
Kyler Avenue NE within the City of Albertville
E. Engineering
1). Approve Resolution No. 2007-xx entitled a Resolution Ordering Plans and
Specifications for the Albertville Marketplace (Phil Morris) Lift Station
(pgs. 83-85)
F. Legal
1). Approve Ordinance No. 2007-03 entitled an Ordinance Amending Title 6,
Chapter 2, Section 2 of the 2005 Albertville Municipal City Code Relating to
Animal Control (pgs. 87-100)
• 2). Approve Ordinance No. 2007-04 entitled an Ordinance Amending Title 5,
Chapter 5, Section 2 of the 2005 Albertville Municipal City Code Pertaining to
the Hours of Operating Equipment (pg. 101)
G. City Council
1). Albert Villas Stormwater Ponding (discussion)
H. Administration
1). Personnel Committee March 30, 2007 Agenda — Minutes (pg. 103)
2). Authorization to Hire Gerald Gerads for the position of Utility Operator Assistant
(pg. 105)
10. ADJOURNMENT
0
3
AFFIDAVIT OF POSTING
STATE OF MINNFIRt' T e
SS.
COUNTY OF WRIGHT
Tracey Nubbe, being first duly sworn, says that on the 30"' day March 2007
Tracey posted the documents as shown on the reverse side a true copy of each
thereof at 3:20 p.m. at the Albertville City Offices in the window, at the City of
Albertville, County of Wright, State of Minnesota.
Subscribed and sworn to before me this_3 D day of t'L , 2007.
fbajffiL� BRIDGET MARIE MILLER
Notary Pu lc NOTARY PUBLIC- MINNESOTA
My Commission Expires Jan 31 20OR
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April 2, 2007 Attendance
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Albertville City Council
April 2, 2007 Attendance
Page 2
PRINT Name
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ALBERTVILLE CITY COUNCIL
March 19, 2007
Albertville City Hall
7:00 PM
PRESENT: Mayor Ron Klecker, Council members Dan Wagner, Tom Fay, John Vetsch, and
LeRoy Berning, Assistant City Planner Cassie Schumacher-Georgopoulos, City Attorney Mike
Couri, City Administrator Larry Kruse, and City Clerk Bridget Miller
ARRIVING LATER: Assistant City Engineer Adam Nafstad
Mayor Klecker called the Albertville City Council meeting to order at 7:00 p.m. followed by the
Pledge of Allegiance.
ADOPT AGENDA
MOTION BY Council member Wagner, seconded by Council member Fay to approve the
agenda as amended: tentatively adding 9. H.3. STMA School District Agreement, and on file in
the office of the City Clerk. Motion carried unanimously.
MINUTES
MOTION BY Council member Vetsch, seconded by Council member Wagner to approve the
Monday, March 5, 2007 regular City Council minutes as presented and are on file in the office of
the City Clerk. Motion carried unanimously.
CITIZEN FORUM
Mayor Klecker asked if there was anyone present that wanted to speak to the Council regarding
an issue that was not on the agenda.
There was no one present to discuss an issue with the Council.
CONSENT AGENDA
MOTION BY Council member Wagner, seconded by Mayor Klecker to approve the consent
agenda pulling check number 024022. Motion carried unanimously.
A. Approve payment of claims check numbers 024010 to 024070
B. Approve the Application to Conduct Excluded Bingo, Raffles, Paddlewheels, Pull -
Tabs, and Tipboards with proceeds for the Catholic Aid Association which will be held
at St. Albert Catholic Church on July 15, 2007 (Exemption Permit No. X-00752-06-
001)
ACTION ON PULLED CONSENT ITEMS
Check number 024022
Check number 024022 to Design Electrical Contractors in the amount of $540.00 was for exit
lights, labor, and material for the new City Hall. Following an inspection by the Building
Official, it was recommended to add exit signs to the upper level of the building. When the
building was being constructed there was no intended use for the upper level. Since then, the
city had been contacted by the Crow River Senior group to conduct some exercise classes in the
upper level. Therefore, the exit signs were not included in the original bid.
MOTION BY Council member Fay, seconded by Council member Berning to approve check
number 024022 to Design Electrical Contractors in the amount of $540.00 for additional exit
lights, labor, and material for the upper level of the new City Hall. Motion carried unanimously
PUBLIC HEARING
There were no public hearings set for the Monday, March 19, 2007 City Council meeting.
2005 ALBERTVILLE MUNICIPAL CITY CODE TEXT AMENDMENTS
Approve Ordinance No. 2007-01 entitled an Ordinance Amending Title 10, Chanter 7,
Subsection 8 of the 2005 Albertville Municipal City Code Relating to Permitted Business Signs
Assistant City Planner Schumacher-Georgopoulos reported that the ground sign zoning text
amendment is coming back due to a claim by an applicant that the language was a possible
trademark infringement. The requirement the City approved in March 2006 stated that all
ground signs are to have dark background with light lettering to reduce the glare, which has the
potential of altering the appearance and or color of a businesses' logo.
Schumacher-Georgopoulos went on to explain that the City Attorney researched the restrictions
stating that there is no clear controlling law in the Bch Circuit Court, which is Minnesota's
jurisdiction as to whether a City's ordinance requiring a business to modify its' logo on an
outdoor sign constitutes a violation of the Latham Act for trademark protection.
Schumacher-Georgopoulos stated that the Planning and Zoning Commission reviewed the text
amendment at the February 13, 2007 meeting. The Commission is recommending option two,
which is Ordinance No. 2007-01 that was included in the Council packet. In the text
amendment, ground signs with lightly colored background would be permitted provided the
following conditions are met:
C
1. Hours of illumination are limited to 7:00 a.m. to 11:00 p.m., unless the
business is open.
2. Illumination of the sign does not exceed 500 lumens per square foot of sign
face. Certification from the sign manufacturer shall be provided stating that
full illumination of the sign will not exceed 500 lumens per square foot at the
sign face.
3. The sign height does not exceed thirty (30) feet.
4. The sign is located three hundred (300) feet from all residential property
lines.
Council member Berning commented that the reader board portion of the Lake Community Bank
ground sign is brighter than the main business portion of the sign; therefore, the restricted hours
of illumination would not reduce the amount of glare.
Council members discussed the pros and cons to the illumination of the signage. Some members
commented that the businesses coming into the city use the signage to identify and inform the
customers of their location.
There was additional discussion on the reader board portion of the Lake Community Bank sign
being brighter than the actual sign. There was a comment that the reader board portion is always
on.
It seemed to be the consensus of the Council that they did not want to discourage potential
business owners from locating within Albertville, yet at the same time wanted to respect the
residents who live here.
City Administrator Kruse reported that he had been in contact with Jay Eull from Lake
Community Bank and informed the Council that it would require an electrician to set the timing
for the reader board portion of the sign.
Council questioned if we amend the Text, would Lake Community Bank need to amend their
Planned Unit Development (PUD).
City Attorney Couri replied stating that the Lake Community Bank development was under a
PUD. Couri reminded Council that Lake Community Bank applied for a variance for the
signage, allowing the light background. Depending on the outcome of the text amendment, there
is the possibility that Lake Community Bank would need to amend the sign variance that they
applied for.
Council brought up the fact that the City puts together these ordinances or city codes setting
these restrictions on signage throughout Albertville. Then you have the Federal Government
installing signage on the freeway, which display messages about an "amber alert", "accident
ahead", or "icy road conditions ".
7
MOTION BY Council member Wagner, seconded by Council member Berning to approve the
Planning and Zoning Commissions' recommendation that is stated in Ordinance No. 2007-01
entitled an Ordinance Amending Title 10, Chapter 7, Sub section 8 of the 2005 Albertville
Municipal City Code Relating to Permitted Business Signs as amended eliminating the hours of
illumination. Motion carried unanimously.
Mayor Klecker and Council members brought up the possibility of placing a Moratorium on
highway signage within the Albertville city limits until they have had the opportunity to review
the text amendment staff is putting together. The Council would like it noted, should an
application for signage be submitted to the City for such signage, the applicant would know that
the Council is considering a moratorium.
Approve Ordinance No. 2007-02 entitled an Ordinance Amending Appendix A; Chanter_ 1200;
Section 1200.4 of the 2005 Albertville Municipal City Code Relating to General Provisions for
Off -Street Parking and Section 1200.6 Relating to the Location of Parking Stalls
Assistant City Planner Schumacher-Georgopoulos stated the City is considering amendments to
its off-street requirements section f the 2005 Albertville Municipal City Code. The proposed
amendments address the parking and storage of oversized commercial vehicles and off-street
parking standards for angled parking, which the current City Code does not address.
City Administrator Kruse reported that it was brought to staff's attention that a business within
Albertville would receive deliveries, which the delivery vehicle would park so that it would take
up to 2-3 parking stalls within the parking lot. Staff researched the current City Code to enforce
the parking situation, when it was discovered there was nothing in the code that addressed the
issue.
MOTION BY Council member Wagner, seconded by Council member Berning to approve the
Planning and Zoning Commissions' recommendation that is stated in Ordinance No. 2007-02
entitled an Ordinance Amending Appendix A; Chapter 1200; Section 1200.4 of the 2005
Albertville Municipal City Code Relating to General Provisions for Off -Street Parking and
Section 1200.6 Relating to the Location of Parking Stalls as amended eliminating Section
1200.6.G and changing the 45' angle aisle width to 18'. Motion carried unanimously.
Approve Ordinance No. 2007-03 entitled an Ordinance Amending Title 6, Chapter 2, Section 2
of the 2005 Albertville Municipal City Code Relating to Animal Control
City Attorney Couri informed the Council that the 2005 Albertville Municipal City Code
currently relates to Commercial Kennels only. There is no definition in the City Code that
relates to residents that have more than two dogs. Staff is looking for Council direction to update
the 2005 Albertville Municipal City Code amending the section adding a definition for private
kennels, which would allow residents to have more than two dogs for their personal pleasure
provided they follow the conditions that will be updated in the City Code.
Couri went on to explain that as staff researched the commercial kennel in the City Code it was
noted in the zoning section there was nothing stating where commercial kennels are allowed
within the Albertville city limits.
Couri then informed the Council that Private Kennels licenses would be issued by the City and
the fee associated would be set by Resolution. Commercial Kennel licenses would be issued by
Wright County or the Animal Control Authority.
Mayor Klecker asked if there was anyone present in the audience that would like to comment on
the text amendment relating to kennels within Albertville.
Don Deckert of 10739 57th Street NE informed the Council that he and his wife currently own
six (6) huskies. Mr. Deckert reported that he participates in sled dog racing and the dogs are his
racing team. Mr. Deckert has lived in Albertville for about 10-years, since 2003; to the best of
his knowledge has had no complaints from surrounding neighbors. Mr. Deckert shared with the
Council that he liked the fact that Wright County handled the kennel licensing, which he did
obtain a commercial kennel license in 2003. Mr. Deckert stated that Wright County had a three
strike rule, which they enforced.
City Attorney Couri inquired from the Council if they wanted a limit on the number of dogs that
would be allowed in a residential zoning district. Council could put a condition in the City Code
allowing X number of dogs with a purpose; such as K-9 or rescue dogs. These residents could
obtain approval for such special cases by the Council.
Chris Wall of 5868 Kalland Avenue NE brought to the Council's attention that he and his wife
own three (3) huskies. In 2006, he came into the City to license his dogs and had no problem
with that, but was not comfortable applying for a commercial kennel license. The City Attorney
stated the commercial license is for breeding, boarding, etc, which Mr. Wall is not doing. Mr.
Wall talked to a City employee in 2006 questioning the kennel license and was exempt. Mr.
Wall would not have a problem applying for a kennel license if the language was amended to
identify something other than commercial.
City Administrator Kruse wanted to discourage the special cases that would require Council
approval. Kruse recommended amending the ordinance or City Code to make it simple.
City Attorney Couri summarized what was discussed and the Council appeared to be in
agreement to amend the text to be somewhat restrictive yet at the same time simple.
Couri wanted to confirm that the Council was in agreement to restrict commercial kennels in an
industrial zone.
Council directed staff to draft the text amendment to make it more restrictive yet simple and to
restrict commercial kennels in an industrial zoning district.
C
Mr. Wall brought to the Council's attention that the USDA has regulations set for commercial ^
breeding of dogs and or cats that may potentially override the City's regulations.
Couri stated that staff would research the USDA regulations and incorporate the language in the
text amendment that would be presented at the next Council meeting.
DEPARTMENT BUSINESS
BUILDING DEPARTMENT
There was nothing to report on at this time.
FIRE DEPARTMENT
There was nothing to report on at this time.
PUBLIC WORKS DEPARTMENT
There was nothing to report on at this time.
FINANCE DEPARTMENT
There was nothing to report on at this time.
CITY CLERK
There was nothing to report on at this time.
PLANNING AND ZONING
Assistant City Planner Cassie Schumacher-Georgopoulos discussed the text amendments earlier
in the meeting.
LEGAL
There was nothing to report on at this time.
CITY COUNCIL
Set Agenda Items for Monday. March 26, 2007 joint Planning and Zoning Commission and City
Council Workshop - Comprehensive Plan Maps - Freeway Signage Height Restrictions -
Billboard Signage Electronic Restrictions
It was the consensus of the Council members to place the above items on the upcoming
workshop.
lu
Council directed staff to put together an Ordinance or Resolution placing a moratorium on
freeway signage.
2007 Friendly City Days events — Albertville vs. St. Michael Tournament
Council members directed staff to extend an invitation to the St. Michael Council and staff to
another softball tournament to be held on Friday, June 8 beginning at 6:00 p.m. This year we
will allow time for two innings and Council member Berning would check with the Albertville
KC to see if they would be willing to donate some beer.
ADMINISTRATION
Written Report
City Administrator Kruse briefly went over the written report touching on the City Hall
construction.
Council questioned the mobility of the podium and staff table. According to the plans these
tables were supposed to be easy to connect and disconnect, which it does not appear to be.
Kruse informed the Council that it was not quite as simple as it appears to be. Yes you can
quickly disconnect the podium and then reconnect, but it could take approximately 30 minutes
for staff to complete the process. Once you reconnect you would need to verify that everything
was connected properly and that it works the way it was intended.
Mayor Klecker encouraged the Council members to keep an open mind as to whether we leave
the equipment plugged in for now. In the future, Council will evaluate whether to re -locate the
connection box or go wireless.
There was discussion regarding the STMA Ice Arena. Council member Berning informed the
Council and staff the fact that some residents or members of the community are looking for a
walking track. The Council was not sure if it was feasible or not to put a walking track in the
balcony of the STMA Ice Arena future expansion. There are hockey supporters that enjoy
watching the game from the balcony.
Skate Board Park
After discussing the possibility of re -opening the Albertville Skate Board Park the Council came
to the consensus not to re -open; therefore it would remain closed. Council would consider re-
opening if it was guaranteed that adults would be there to police the activity that took place.
11
ALBERT VILLAS POND PROJECT
STMA High School Bids Received
City Attorney Couri reported that Assistant City Engineer Nafstad is currently attending the
STMA School Board meeting. At the meeting, the School is making a decision as to whom they
will award the bid to for the construction of the new STMA High School.
According to the bids that the school received, Frattalone appears to be the low bid for the base
grading work for the school. Albertville staff met with STMA School staff to discuss the
potential of awarding the bid to Veisor who has a lower bid for the ponding.
Staff recommended to Council to make a motion to award the bid to Veisor for the STMA
School Project. Staff would then attend the upcoming St. Michael workshop to continue the
discussion of the ponding on the school property. Following the workshop, Albertville would
then notify the school with the outcome of the workshop. In essence, there does not appear to be
a sufficient amount of timeline to set a public hearing for a special assessment. There is not
enough time to bring this back to the April 2 City Council meeting.
Council inquired about the possibility of assessing the properties next year.
City Attorney Couri stated that the Council would have approximately twelve (12) months to
assess the properties.
There was additional discussion on how Albertville can continue some type of coordination to
resolve the flood storage mitigation project on the school property. There were a number of
unknowns at this point in the process. It is unknown as to what bid the STMA School is going to
award; were they going with Frattalone or Veisor. Another unknown is what way the St.
Michael Council will go with amending their City Code. The main item that needs to be
resolved now is for Albertville to come to an agreement with St. Michael on the ponding.
City Attorney Couri informed the Council that staff put together another form of a proposal, or a
counter-offer, to present to the St. Michael Council.
Assistant City Engineer Nafstad arrived and reported to the Albertville Council and staff that the
STMA School Board awarded the base bid to Frattalone, which was the low bid on the base
grading work rather than Veisor, which was the low bid for the combined grading and ponding
work.
City Attorney Couri continued reviewing the alternative proposal, or counter-offer, that the
Albertville City Council could present to St. Michael.
City Administrator Kruse encouraged the Council to consider the alternate proposal as the costs
go up; this is becoming less financially feasible. It seems the best approach is to go with Council
member Berning's recommendation to offer $250,000 or $256,000 as a maximum limit to offer
to St. Michael.
12
Council member Berning made the recommendation for Mayor Klecker to present Option 2,
eliminating number 3 of the proposal, to St. Michael during the upcoming workshop. That is
provided St. Michael will even listen or acknowledge Albertville.
City Administrator Kruse suggested to the Council that Albertville Council table the item until
Tuesday, following the St. Michael Workshop. At that time, the Albertville Council can
continue the issue and make a motion whether to go forward or not.
ALBERT VILLAS POND OPTIONS WITH ST. MICHAEL
Option 2
1. Albertville pays St. Michael $130,000 in fees.
2. Albertville pays Agricultural class taxes on the property until the
Montgomery property to the south develops with sanitary sewer service from
St. Michael, at which time Albertville begins paying "in lieu of development
taxes" payments to St. Michael.
3. Tax payments to be based on a set number, which takes into account the fact
that St. Michael developed 16 lots in the Highlands that are coming on line
now. That amount is $5,000.00.
4. Tax payment to stop when and if Main Avenue NE connection into St.
Michael is placed on the Albertville Comprehensive Plan. Payments will
resume when and if Main Avenue NE connection is removed from the
Albertville Comprehensive Plan.
5. St. Michael will provide paved access to the Zachman property north of I-94
within two years of opening of the Main Avenue NE connection into St.
Michael.
6. St. Michael will approve all zoning and other City regulatory requirements
related to the construction of Albertville's proposed pond on the school
property consistent with the alternate grading plan submitted by the school,
with such approvals coming before April 10, 2007.
MOTION BY Council member Berning, seconded by Council member Wagner to authorize
Mayor Klecker to present a counter-offer, Option 2 eliminating number 3, to the St. Michael City
Council for the Albertville Villas Pond, which would require a reply back to Albertville by
Friday, March 23.
Following the motion, Council and staff continued the discussion on how to proceed with the
flood storage mitigation for the Albert Villas pond.
13
Assistant City Engineer Nafstad wanted it noted that he had concerns with the School's bids.
The bids came in considerably low and on rare occasion low bids are not always good bids, they
can become a struggle.
It was the consensus of the Council to continue the STMA School Project and Ponding until the
March 26, 2007 meeting.
ENGINEERING
Set a date for a Public Hearing for Flood Mitigation Project (discussion)
Assistant City Engineer Nafstad and City Attorney Couri asked the Council to set a date for a
Public Hearing for the Flood Mitigation Project, which special assessment notices would be sent
to the appropriate property owners.
MOTION BY Council member Berning, seconded by Council member Wagner to set Monday,
April 23, 2007 at 7:00 p.m. to hold a Public Hearing for Flood Mitigation Project. Motion
carried unanimously.
ADJOURNMENT
Mayor Klecker asked for a motion at 11:40 p.m. to recess the regular City Council.
MOTION BY Council member Berning, seconded by Council member Fay to recess the regular
City Council meeting until Monday, March 26, 2007 at 6:45 p.m. or soon thereafter. Motion
carried unanimously.
14
-A�Ibcrtvillcif
City of Albertville
Check Detail Register
April 2, 2007
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 024076 4/2/2007 ACTION RADIO & COMMUNICATIONS
E 101-42000-404 Repair/Maint - $125.00 31099 Fire Dept Pager Repair
E 101-42000-404 Repair/Maint - $125.00 31143 Fire Dept pager repair
Total ACTION RADIO & COMMUNICATIONS $250.00
Paid Chk# 024077 4/2/2007 AFLAC
G 101-21710 Other Deducations $16.16 772216 Aflac Ins. Premium
Total AFLAC $16.16
Paid Chk# 024078 4/2/2007 ALBERTVILLE ELECTRIC CO
E 101-42000-404 Repair/Maint - $410.00 2-2007 Fire Dept Wiring for relocatin
Total ALBERTVILLE ELECTRIC CO $410.00
Paid Chk# 024079 4/2/2007 ALBERTVILLE FIRE RELIEF ASSOC.
E 101-42050-437 Misc. Donations
$125.75
Raffle Tickets (donations) FD
Total ALBERTVILLE FIRE RELIEF ASSOC.
$125.75
Paid Chk# 024080 4/2/2007 ALBERTVILLE QUEEN COMMITTEE
R 101-00000-36200 Donations
$1,380.00 03-2007
Royalty Donation - Lions
Total ALBERTVILLE QUEEN COMMITTEE
$1,380.00
Paid Chk# 024081 4/2/2007 ALLEY COMPANIES INC
E 101-42000-200 Office Supplies (GENERAL)
$137.09 1199
Fire Dept liners, tp, handwash
E 101-43100-215 Shop Supplies
$52.74 1199
Public Works liners, tp
E 101-41400-200 Office Supplies (GENERAL)
$299.56 1199
CH liners, tp, handwash, ppr t
Total ALLEY COMPANIES INC
$489.39
Paid Chk# 024082 4/2/2007 ALPINE HOMES
G 101-22800 Landscaping Escrow
$2,750.00 04-2007
Escrow 10574 62nd Street NE
Total ALPINE HOMES
$2,750.00
Paid Chk# 024083 4/2/2007 ANOKA-HENNEPIN TECHNICAL
E 101-42000-208 Training and Instruction
$563.24 00057537
Fire Dept Jamie Weinzierl Medi
Total ANOKA-HENNEPIN TECHNICAL
$563.24
Paid Chk# 024084 4/2/2007 BARR ENGINEERING COMPANY
E 604-49660-300 Professional Srvs (GENERAL) $1,640.24 2386065-1 Albertvillas Flooding
Total BARR ENGINEERING COMPANY $1,640.24
15
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 024085 4/2/2007 BARTHEL UPHOLSTERY
E 482-49300-300 Professional Srvs (GENERAL) $170.00 Poduim cover
Total BARTHEL UPHOLSTERY $170.00
Paid Chk# 024086 4/2/2007 BOLTON & MENK, INC
E 493-49000-303
Engineering Fees
$296.00 0101286
CSAH 19 North of 1-94
E 101-41700-303
Engineering Fees
$672.00 0101292
Staff mtgs
E 101-43100-224
Street Overlayment
$630.00 0101292
2007 Overlay
E 101-41700-303
Engineering Fees
$245.00 0101292
Outlet Mall Wetland Monitoring
E 101-41700-303
Engineering Fees
$882.00 0101292
2007 MSAS rpt
E 101-41700-303
Engineering Fees
$168.00 0101292
Fraser/City Purchase Agreement
E 101-41700-303
Engineering Fees
$42.00 0101292
review 07 Development fees
E 101-43100-223
Seal Coating
$490.00 0101292
2007 Sealcoat
E 101-41700-303
Engineering Fees
$2,971.00 0102076
Lachman Ave Prelim eng Rpt
E 468-49000-303
Engineering Fees
($1,189.00) 0102091
Credit Interchange Alt and Hus
E 468-49000-303
Engineering Fees
$1,651.00 0102091
1-94 Study Report
E 604-49660-300
Professional Srvs (GENERAL)
$65.00 0102093
Flood Study
E 494-49000-303
Engineering Fees
$2,730.00 0102094
CSAH 19 & 50th
E 101-41700-303
Engineering Fees
$126.00 0102114
241 Detour settlement
E 101-41700-303
Engineering Fees
$126.00 0102114
MPCA rpt
E 101-41700-303
Engineering Fees
$860.00 0102114
Main Ave Comp Plan
E 101-41710-303
Engineering Fees
$84.00 0102114
Sigange Review
E 101-41700-303
Engineering Fees
$84.00 0102114
Site review w/ JS
E 101-41710-303
Engineering Fees
$126,00 0102114
Heuring Meadows Commercial
E 101-41700-303
Engineering Fees
$84.00 0102114
Site Reviews w/TG
E 101-41710-303
Engineering Fees
$210.00 0102114
Field Plaza 2nd
E 101-41710-303
Engineering Fees
$1,344.00 0102114
Outlet Mall
E 101-41700-303
Engineering Fees
$1,260.00 0102114
Staff mtgs
E 101-41710-303
Engineering Fees
$126.00 0102114
Heuring Meadows Commercial
E 101-41700-303
Engineering Fees
$966.00 0102114
07 MSAS Rpt
E 101-41700-303
Engineering Fees
$1,008.00 0103588
2007 MSAS Reporting
Total BOLTON & MENK, INC
$16,057.00
Paid Chk# 024087 4/2/2007 BRAUN INTERTEC CORP
E 492-49000-300
Professional Srvs (GENERAL)
$666.75 272116
52nd Street NE
Total BRAUN INTERTEC CORP
$666.75
Paid Chk# 024088 4/2/2007 CARQUEST
E 101-43100-404
Repair/Maint -
$51.12 1536-17515
multi -purpose clnr, alternator
E 101-42000-404
Repair/Maint -
$118.53 1536-18806
Fire Dept microfiber ext white
E 101-42000-404
Repair/Maint -
$13.76 1536-18948
Fire Dept spark plugs
E 101-42000-404
Repair/Maint -
$5.88 1536-19448
Fire Dept 30 HD motor oil
E 101-42000-404
Repair/Maint -
$1.66 1536-19456
Fire Dept spark plug
E 101-42000-404
Repair/Maint -
$268.93 1536-19535
Fire Dept fuel kit
E 101-43100-404
Repair/Maint -
$15.02 1536-21104
Fuel Inj Hose
E 101-43100-404
Repair/Maint -
$19.94 1536-21494
oil filters
E 101-43100-404
Repair/Maint -
$56.96 1536-21702
Valve Cover Gskt set, water ou
E 101-43100-404
Repair/Maint-
$35.82 1536-21725
Trans Fluid
E 101-43100-404
Repair/Maint -
($28.79) 1536-21830
Valve Cover Sgsk Set refund
E 101-43100-404
Repair/Maint -
$3.16 1536-21847
Carb/air cleaner gskt
E 101-43100-404
Repair/Maint-
$6.27 1536-21849
oil filter
E 101-43100-404
Repair/Maint -
($6.27) 1536-21850
returned oil filter
Total CARQUEST
$561.99
Paid Chk# 024089 4/2/2007 CENTRAL MN COUNCIL ON AGING
E 101-41400-433 Dues and Subscriptions $10.00 03-2007 2007 Resources for Seniors Dir
Total CENTRAL MN COUNCIL ON AGING $10.00
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 024090 4/2/2007 CHARTER COMMUNICATIONS
E 101-42000-321 Telephone $80.05 03-2007 Fire Dept Internet 03/22 - 4-2
Total CHARTER COMMUNICATIONS $80.05
Paid Chk# 024091 4/2/2007 CROW RIVER NEWS NORTH
E 101-41100-351 Legal Notices Publishing $46.74 715769 PH Commercial Kennels
Total CROW RIVER NEWS NORTH $46.74
Paid Chk# 024092 4/2/2007 DAVIS, JEFF
E 101-42000-404 Repair/Maint - $229.74 IVC0001573 Fire Dept oil caddy/co sensor,
Total DAVIS, JEFF $229.74
Paid Chk# 024093 4/2/2007 DEHMER FIRE PROTECTION
E 101-42000-405 Repair/Maint -Buildings
$52.08 14385
Fire Dept Fire Ext Repair
Total DEHMER FIRE PROTECTION
$52.08
Paid Chk# 024094 4/2/2007 DESIGN ELECTRICAL CONTRACTORS
E 482-49300-300 Professional Srvs (GENERAL)
$309.30 9809
Dishwasher hookup New City Hal
Total DESIGN ELECTRICAL CONTRACTORS
$309.30
Paid Chk# 024095 4/2/2007 DJ'S TOTAL HOME CARE CENTER
E 101-42000-200 Office Supplies (GENERAL)
$17.98 19892
Fire Dept Oil Tray - GFCI Cove
E 101-42000-200 Office Supplies (GENERAL)
($1.00) 19894
Credit on return of GFCI Cover
E 101-42000-200 Office Supplies (GENERAL)
$42.29 20038
Fire Dept shelf, anchor, brack
E 101-42000-200 Office Supplies (GENERAL)
$83.41 20166
Fire Dept Insul hot water nozz
Total DJ'S TOTAL HOME CARE CENTER
$142.68
Paid Chk# 024096 4/2/2007 DOCUMENT DESTRUCTION SERVICE
E 101-41000-300 Professional Srvs (GENERAL) $30.00 109344
Total DOCUMENT DESTRUCTION SERVICE $30.00
Paid Chk# 024097 4/2/2007 EMBARQ - TX
E 101-43100-321 Telephone
E 101-42000-321 Telephone
E 101-45100-321 Telephone
E 101-41940-321 Telephone
E 101-43100-321 Telephone
E 101-42000-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 101-42400-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 601-49450-321 Telephone
E 601-49450-321 Telephone
Total EMBARQ - TX
Paid Chk# 024098 4/2/2007 FASTENAL COMPANY
^` E 101-42000-404 Repair/Maint-
Total FASTENAL COMPANY
$37.51 03-2007
$36.69 03-2007
$16.11 03-2007
$47.46 03-2007
$47.46 03-2007
$48.92 03-2007
$36.69 03-2007
$37.51 03-2007
$169.60 03-2007
$36.69 03-2007
$38.55 03-2007
$36.69 03-2007
$16.11 03-2007
$36.69 03-2007
$642.68
Shredding
763-497-0774
763-497-3704
763-497-2215
763-497-0179
763-497-3145
763-497-4836
763-497-0261
763-497-0452
Taxes & Surcharges
763-497-3695
763-497-7474
763-497-3486
763-497-1888
763-497-0269
$235.66 MNTC446920 Fire Dept Solaris o2 sensor
$235.66
17
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 024099 4/2/2007 FRONTLINE PLUS FIRE & RESCUE
E 101-42000-404 Repair/Maint - $399.95 10059 Fire Dept Select Flow Viper No
E 101-42000-404 Repair/Maint - $258.50 10068 Fire Dept Replacement WYE for
Total FRONTLINE PLUS FIRE & RESCUE $658.45
Paid Chk# 024100 4/2/2007 FTTH COMMUNICATIONS
E 101-43100-321 Telephone
$65.92 03-2007
Public Works Internet
Total FTTH COMMUNICATIONS
$65.92
Paid Chk# 024101 4/2/2007 FYCC
E 101-45000-598 Pledges & Contributions
$8,000.00 03-2007
2007 Donation Youth Community
Total FYCC
$8,000.00
Paid Chk# 024102 4/2/2007 1-94 WEST CHAMBER OF COMMERCE
G 101-22900 Park Rental Deposit Escrow
$100.00 03-2007
Deposit Refund after event - r
Total 1-94 WEST CHAMBER OF COMMERCE
$100.00
Paid Chk# 024103 4/2/2007 IVERSON REUVERS, LLC
E 473-49000-300 Professional Srvs (GENERAL)
$4,743.09 3978
Albertville VS SEH
Total IVERSON REUVERS, LLC
$4,743.09
Paid Chk# 024104 4/2/2007 JOINT POWERS BOARD
E 602-49400-376 JP Fed Wtr Test
$966.12 March 2007
1 Fed Water Test
E 206-49400-378 JP WAC
$9,075.00 March 2007
WAC jp
E 602-49400-371 JPDIST COMBO
$877.49 March 2007
51 JP Dist Combo
E 602-49400-376 JP Fed Wtr Test
$34.83 March 2007
1 Fed Water Test Pen
E 602-49400-375 JP Access
$0.00 March 2007
4 JP Access
E 602-49400-373 JP Dist II Low
$1,148.92 March 2007
6 JP Dist II low
E 602-49400-372 JP Dist
$32,688.71 March 2007
5 JP Dist
E 602-49400-374 JP Dist Pen
$1,132.85 March 2007
5 JP Dist Pen
Total JOINT POWERS BOARD
$45,923.92
Paid Chk# 024105 4/2/2007 LEAGUE OF MINNESOTA CITIES
E 601-49450-433 Dues and Subscriptions $20.00 1-000029236 Registration John Middendorf
E 101-43100-433 Dues and Subscriptions $20.00 1-000029236 Registration - Tim Guimont
Total LEAGUE OF MINNESOTA CITIES $40.00
Paid Chk# 024106 4/2/2007 MENARDS - BUFFALO
E 482-49300-300 Professional Srvs (GENERAL) $934.95 16735 CH Shelves
E 602-49400-210 Operating Supplies $27.76 16735 Closet Rod
Total MENARDS - BUFFALO $962.71
Paid Chk# 024107 4/2/2007 MFSCB
E 101-42000-208 Training and Instruction $44&00 03-2007 Fire Dept Training
Total MFSC13 $440.00
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 024108 4/2/2007 Mil LIFE
E 101-41400-131
Employer Paid Health
$11.40 04-2007
Emp Life Ins
E 101-43100-130
Employer Paid Ins
$9.00 04-2007
Emp Life Ins
E 101-41300-131
Employer Paid Health
$14.10 04-2007
Emp Life Ins
E 101-42400-130
Employer Paid Ins
$18.90 04-2007
Emp Life Ins
E 101-45100-130
Employer Paid Ins
$5.40 04-2007
Emp Life Ins
E 101-41500-131
Employer Paid Health
$2.40 04-2007
Emp Life Ins
G 101-21710 Other Deducations
$7.50 04-2007
Emp Life Ins Emp Port
E 602-49400-130
Employer Paid Ins
$3.90 04-2007
Emp Life Ins
E 601-49450-130
Employer Paid Ins
$5.40 04-2007
Emp Life Ins
E 101-42400-130
Employer Paid Ins
$63.40 4-2007
Emp STDis Ins
E 101-41300-131
Employer Paid Health
$54.29 4-2007
Emp STDis Ins
E 101-43100-130
Employer Paid Ins
$49.17 4-2007
Emp STDis Ins
E 101-41400-131
Employer Paid Health
$39.27 4-2007
Emp STDis Ins
E 101-41500-131
Employer Paid Health
$30.97 4-2007
Emp STDis Ins
E 101-45100-130
Employer Paid Ins
$19.55 4-2007
Emp STDis Ins
E 601-49450-130
Employer Paid Ins
$26.05 4-2007
Emp STDis Ins
E 602-49400-130
Employer Paid Ins
$17.99 4-2007
Emp STDis Ins
Total MII LIFE
$378.69
Paid Chk# 024109 4/2/2007 MINNESOTA COPY SYSTEMS
E 101-41400-413
Office Equipment Rental
$22.63 156426
Copier Maintenance and usage
E 101-41400-413
Office Equipment Rental
$142.83 156657
Copier Maintenance
Total
MINNESOTA COPY SYSTEMS
$165.46
Paid Chk# 024110 4/2/2007 N. A. C.
E 101-41910-306
Planning Fees
($85.50) 03-2007
Credit for creation of CD and
E 101-41910-306
Planning Fees
$66.85 16167
Truck Parking Ordinance
E 494-49000-306
Planning Fees
$45.00 16167
CSAH 19 Improvements
E 101-41910-306
Planning Fees
$230.70 16167
Ice Arena Analysis
E 101-41910-306
Planning Fees
$790.52 16167
signs, subdivisions, billboard
E 101-41910-306
Planning Fees
$1,142.70 16167
Land Use Plan Concepts
E 101-41910-306
Planning Fees
$1,555.25 16167
Main Avenue Comp Plan Amend.
E 101-41910-306
Planning Fees
$21.20 16167
Freeway Sign Height Amendment
E 101-41910-306
Planning Fees
$53.00 16252
Downtown planning/railroad pro
E 101-41910-306
Planning Fees
$329.90 16252
Freeway sign height amendment
E 604-49660-300
Professional Srvs (GENERAL)
$620.45 16252
St. Michael Pond Applications
E 101-41910-306
Planning Fees
$502.40 16252
led signs/billboards
E 101-41910-306
Planning Fees
$522.00 16252
Sign amendment ground signs
E 101-41910-306
Planning Fees
$642.80 16252
Ice Arena site (new ice sheet)
E 101-41910-306
Planning Fees
$967.48 16252
city code, edina, gravel minin
E 101-41910-306
Planning Fees
$21.20 16252
Truck parking ordinance
E 101-41915-306
Planning Fees
$336.00 16253B
Albertville Body Shop
E 101-41910-306
Planning Fees
$500.00 16254
Council, Planning & staff meet
Total N. A. C.
$8,261.95
Paid Chk# 024111 4/2/2007 NCL OF WISCONSIN
E 601-49450-210
Operating Supplies
$182.39 214899
Wastewater treatment supplys p
Total NCL OF WISCONSIN
$182.39
Paid Chk# 024112 4/2/2007 NEXTEL COMMUNICATIONS
E 101-42400-323
Nextel Radio Units
$65.30 718183318-0
Nextel Phones
E 602-49400-323
Nextel Radio Units
$33.46 718183318-0
Nextel Phones
E 601-49450-323
Nextel Radio Units
$33.46 718183318-0
Nextel Phones
E 101-41500-323
Nextel Radio Units
$71.85 718183318-0
Nextel Phones
E 101-43100-323
Nextel Radio Units
$65.30 718183318-0
Nextel Phones
E 101-45100-323
Nextel Radio Units
$33.46 718183318-0
Nextel Phones
E 101-41400-323
Nextel Radio Units
$33.46 718183318-0
Nextel Phones
E 101-41300-321
Telephone
$71.85 718183318-0
Nextel Phones
Total NEXTEL COMMUNICATIONS
$408.14
19
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 024113 4/2/2007 QUICK FUEL FLEET SERVICES
E 101-43100-212 Motor Fuels $660.03 66953
E 101-43100-212 Motor Fuels $1,310.98 68715
Total QUICK FUEL FLEET SERVICES $1,971.01
Paid Chk# 024114 4/2/2007 RAPIT PRINTING
E 101-41400-200 Office Supplies (GENERAL) $153.94 6654
Total RAPIT PRINTING $153.94
Paid Chk# 024115 4/2/2007 RED'S PORTABLE TOILETS
E 101-45100-415 Other Equipment Rentals $92.66 10728
Total RED'S PORTABLE TOILETS $92.66
fuel
fuel
Embossing Seal
Regular Unit Winter Charge
Paid Chk# 024116 4/2/2007 S & T OFFICE PRODUCTS
E 101-41400-200
Office Supplies (GENERAL)
($14.89) 01 L07958
Credit on 8 x 14 paper did not
E 101-41400-200
Office Supplies (GENERAL)
$2&59 01L09457
white copy paper
E 101-41400-200
Office Supplies (GENERAL)
$239.98 01 LP6527
paper, mailer envelopes, corre
E 101-42400-200
Office Supplies (GENERAL)
$10.59 0106626
Canary paper
E 482-49300-300
Professional Srvs (GENERAL)
$2,000.00 LH3178
Final pmt on CH furn.
Total S & T OFFICE PRODUCTS
$2,256.27
Paid Chk# 024117 4/2/2007
SCHARBER & SONS
E 101-45100-404
Repair/Maint -
$92.29 372521
John Deere bolts, ball bearing
E 101-45100-404
Repair/Maint -
$58.91 372687
ball, 0-ring, hose, washer, to
E 101-45100-404
Repair/Maint -
$24.03 372688
snowblower parts
E 101-45100-404
Repair/Maint-
$245.87 372785
Seal, packing, universal, linc
Total SCHARBER & SONS
$421.10
Paid Chk# 024118 4/2/2007
SENTRY SYSTEMS, INC.
E 101-42000-405
Repair/Maint Buildings
$4.21 528218
Fire Dept Alarm
E 101-42000-405
Repair/Maint Buildings
$28.38 528218
Fire Dept Alarm
E 101-43100-405
Repair/Maint - Buildings
$29.23 528218
Public Works Alarm
E 101-45100-405
Repair/Maint - Buildings
$30.96 528218
Park Alarm 5801 Lander
Total SENTRY SYSTEMS, INC.
$92.78
Paid Chk# 024119 4/2/2007 SHORT ELLIOT HENDRICKSON
E 468-49000-303
Engineering Fees
$5,939.92 0158256
CSAH 19 ramps Jan 1 - Jan 31
Total
SHORT ELLIOT HENDRICKSON
$5,939.92
Paid Chk# 024120 4/2/2007 SOUTH CENTRAL COLLEGE
E 101-42000-108
Medical Training
$510.00 00056504
Fire Dept Medical Training
Total SOUTH CENTRAL COLLEGE
$510.00
Paid Chk# 024121 4/2/2007 SRF CONSULTING GROUP,
INC
E 494-49000-300
Professional Srvs (GENERAL)
$25,081.86 5952-2
CSAH 19 Street Lighting & Land
Total
SRF CONSULTING GROUP, INC
$25,081.86
20
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 024122 4/2/2007 TRYCO LEASING INC
E 101-41400-413 Office Equipment Rental $689.62 3174 Copier Lease and added Fax
Total TRYCO LEASING INC $689.62
Paid Chk# 024123 4/2/2007 VERIZON
E 101-42000-321 Telephone $6.10 1634729348 Fire Dept, phone in rescue
Total VERIZON $6.10
Paid Chk# 024124 4/2/2007 WESTSIDE WHOLESALE TIRE
E 101-45100-404 Repair/Maint - $207.70 580803 2 tires and mount
Total WESTSIDE WHOLESALE TIRE $207.70
Paid Chk# 024125 4/2/2007 WRIGHT COUNTY EDP
E 101-41100-208
Training and Instruction
$50.00 03-2007
Lannes & Klecker 2/14/ State o
E 101-41100-433
Dues and Subscriptions
$1,586.50 03-2007
2007 Membership Dues
Total WRIGHT COUNTY EDP
$1,636.50
Paid Chk# 024126 4/2/2007 WRIGHT COUNTY HIGHWAY DEPT.
E 101-43100-221
Ice Removal
$855.29 6669
Salt
Total WRIGHT COUNTY HIGHWAY DEPT.
$855.29
Paid Chk# 024127 4/2/2007 WRIGHT-HENNEPIN COOPERATIVE
E 601-49450-381
Electric Utilities
$80.15 03-2007
Lift stations
E 101-45100-381
Electric Utilities
$163.52 03-2007
Parks
E 101-41940-381
Electric Utilities
$269.33 03-2007
Street
Total WRIGHT-HENNEPIN COOPERATIVE
$513.00
Paid Chk# 024128 4/2/2007 XCEL ENERGY
E 101-41940-381
Electric Utilities
$306.99 03-2007
Auto Protective Light
E 601-49450-381
Electric Utilities
$3,864.24 03-2007
6451 Maclver Avenue NE Sewage
E 601-49450-381
Electric Utilities
$292.10 03-2007
11200 60th Street NE Sewer Lif
E 601-49450-381
Electric Utilities
$60.02 03-2007
11942 52nd Street NE
E 601-49450-381
Electric Utilities
$35.76 03-2007
4940 Kaiser Avenue NE Sewer
E 101-41940-381
Electric Utilities
($508.54) 03-2007
Elec Interim Ref Cr
E 101-43100-381
Electric Utilities
$320.79 03-2007
6461 Maclver Avenue NE
E 101-45100-381
Electric Utilities
$8.52 03-2007
11474 58th Street NE Park Shel
E 101-42000-381
Electric Utilities
$247.55 03-2007
11350 57th Street NE
E 101-41940-381
Electric Utilities
$214.35 03-2007
Auto Protective Light
E 101-45100-381
Electric Utilities
$172.88 03-2007
11401 58th Street NE Skating R
E 101-45100-381
Electric Utilities
$125.27 03-2007
5801 Main Avenue NE Picnic She
E 101-42400-381
Electric Utilities
$65.56 03-2007
5964 Main Avenue NE Old Public
E 101-41940-381
Electric Utilities
$45.27 03-2007
Auto Protective Light
E 101-41940-381
Electric Utilities
$42.14 03-2007
5975 Main Avenue NE
E 101-41940-381
Electric Utilities
$36.60 03-2007
6002 Main Avenue NE
E 101-41940-381
Electric Utilities
$31.77 03-2007
11060 61st Street NE Signal
E 101-41940-381
Electric Utilities
$16.83 03-2007
Auto Protective Light
E 101-41940-381
Electric Utilities
$24.05 162791413
11830 51st Street NE
E 101-45100-381
Electric Utilities
$3.24 162791525
5799 Lander Avenue NE
E 101-41940-381
Electric Utilities
$987.41 162960007
02/07/2007-03/08/2007
E 101-41940-381
Electric Utilities
$26.74 163086307
2/07/07 - 03/09/07
Total XCEL ENERGY
$6,419.54
21
Fund Summary
101 GENERAL FUND
206 WAC FUND
468 CSAH 19 RAMPS/I 94 Project
473 PRAIRIE RUN
482 CITY HALL 2004-5
492 52nd st Industrial Park
493 CASH 19 & 57th Intersection
494 CSAH 19 & 50th St. (South 19)
601 SEWER FUND
602 WATER FUND
604 STORM WATER
10100 Premier Bank $144,037.46
10100 Premier Bank
$47,673.50
$9,075.00
$6,401.92
$4,743.09
$3,414.25
$666.75
$296.00
$27,856.86
$4,652.37
$36,932.03
$2,325.69
$144,037.46
22
B01_TUN & MF="K, INC.
• Consulting Engineers & Surveyors
7533 Sunwood Drive • Suite 206 • Ramsey, MN 55303
Phone (763) 433-2851 • FAX (763) 427-0833
March 26, 2007
Mr. Larry Kruse, City Administrator
City of Albertville
5975 Main Avenue NE, P.O. Box 9
Albertville, MN 55301
RE: Approval of Plans and Specifications
2007 Overlay Improvements
City of Albertville, MN
Honorable Mayor and City Council Members:
Public Works Supervisor Tim Guimont and I have identified City roadways to be overlaid as part
of the 2007 Overlay Project. The recommended roadways are as follows:
• Lander Avenue NE (541/2 Street NE to 55t' Street NE)
• • 55t' Street NE (Main Avenue NE to Lannon Avenue NE)
• Lake Avenue NE (55th Street NE to 57t' Street NE)
• Lannon Avenue NE (55t' Street NE to 57t' Street NE)
Bolton & Menk, Inc. has completed the plans and specifications for the 2007 Overlay
Improvement project and prepared the attached engineering estimate. The estimate includes a
base bid estimate of $173,455.30. The proposed project includes overlaying of the road
segments mentioned above, replacement of settled and/or damaged concrete and rehabilitation of
storm sewer catch basins located on the project roadways.
We recommend approval of plans and specifications and authorization to advertise for bids for
the proposed improvements. Upon receiving and tabulating bids, the exact extents of the project
can then be determined.
Please let me know if you have any questions concerning your project.
Sincerely,
BOLTON & MENK, INC.
Adam Nafstad, P. E.
Assistant City Engineer
cc: Tim Guimont - Public Works Supervisor
• Brian Yavarow - BMI
23
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2007-xx
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR
PROPOSED ALBERTVILLE 2007 OVERLAY IMPROVEMENTS
AND AUTHORIZING THE SOLICITATION OF BIDS
WHEREAS, plans and specifications for the overlaying and improvement of Lander Avenue NE
from 54 t/2 Street NE to 551h Street, 551h Street NE from Main Avenue NE to Lannon Avenue NE,
Lake Avenue NE from 551h Street NE to 571h Street NE, and Lannon Avenue NE from 55th Street
NE to 571h Street NE have been prepared by Bolton & Menk, Inc. and such plans and
specifications have been presented to the Albertville City Council for approval; and
NOW, THEREFORE BE IT RESOLVED by the City Council of Albertville, County of
Wright, State of Minnesota:
1. Such plans and specifications, a copy of which is on file with the City Clerk are hereby
approved.
2. The City Clerk and City Engineer are directed to advertise for bids and present bids to the
City Council for consideration.
Ron Klecker, Mayor
Bridget Miller, City Clerk
24
B01_Tc>N a ME=— N K, I NC.
Consulting Engineers & Surveyors
7533 Sunwood Drive • Suite 206 • Ramsey, MN 55303
Phone (763) 433-2851 • FAX (763) 427-0833
March 26, 2007
Mr. Larry Kruse, City Administrator
City of Albertville
5975 Main Avenue NE, P.O. Box 9
Albertville, MN 55301
RE: Approval of Plans and Specifications
2007 Seal Coat Improvements
City of Albertville, MN
Honorable Mayor and City Council Members:
Public Works Supervisor Tim Guimont and I have identified City roadways to be seal coated as
part of the 2007 Seal Coat project. The recommended roadways are as follows:
• Kalland Drive NE (Kalland Avenue NE to CSAH 37)
• • Kalland Circle NE
• Karston Avenue NE (Kahler Drive NE to Kalenda Drive NE)
• Kalenda Drive NE (53rd Street NE to 56' Street NE)
Bolton & Menk, Inc. has completed the plans and specifications for the 2007 Seal Coat
Improvement project and prepared the attached engineering estimate. The estimate includes
21,304 square yards of bituminous pavement to be seal coated.
We recommend approval of plans and specifications and authorization to solicit bids for the
proposed improvements.
Please let me know if you have any questions concerning your project.
Sincerely,
BOLTON & MENK, INC.
Adam Nafstad, P. E.
Assistant City Engineer
cc: Tim Guimont —Public Works Supervisor
Brian Yavarow - BMI
25
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2007-xx
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR
PROPOSED ALBERTVILLE 2007 SEAL COAT IMPROVEMENTS AND
AUTHORIZING THE SOLICITATION OF BIDS
WHEREAS, plans and specifications for the seal coating of Kalland Drive NE from Kalland
Avenue NE to CSAH 37, Kalland Circle NE, Karston Avenue NE from Kahler Drive NE to
Kalenda Drive NE, and Kalenda Drive NE from 53`d Street NE to 56t" Street NE have been
prepared by Bolton & Menk, Inc. and such plans and specifications have been presented to the
Albertville City Council for approval; and
NOW, THEREFORE BE IT RESOLVED by the City Council of Albertville, County of
Wright, State of Minnesota:
1. Such plans and specifications, a copy of which is on file with the City Clerk are hereby
approved.
2. The City Clerk and City Engineer are directed to solicit bids and present to the City
Council for consideration.
Ron Klecker, Mayor
Bridget Miller, City Clerk
• Eacx.-rON a ME=— N K, I NC.
Consulting Engineers & Surveyors
7533 Sunwood Drive • Suite 206 • Ramsey, MN 55303
Phone (763) 433-2851 • FAX (763) 427-0833
March 29, 2007
Mr. Larry Kruse, City Administrator
City of Albertville
5975 Main Avenue NE, P. O. Box 9
Albertville, MN 55301
RE: Mooney's 2nd Addition — Release of Letter of Credit
Albertville, Minnesota
BMI Project No. T15.21660
Dear Mr. Kruse:
OAs requested, I have reviewed the Developer's (Ace Properties, LLC) request to release the
remaining Letter of Credit ($25,000) for the above referenced development. The $25,000
currently held by the City was to ensure completion of the On- and Off -Site improvements.
To the best of our knowledge all improvements have been completed and have been found to be
in general compliance with the plans and specifications for the development.
It is our recommendation that the Developer's request be approved and the full amount of the
remaining Letters of Credit be returned.
Please let me know if you have any questions or would like additional information.
Sincerely,
BOLTON & MENK, INC.
Adam Nafstad, P. E.
Assistant City Engineer
Cc: Tina Lannes - Albertville Finance Director
•
27
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28
11�
n
CITY OF ALBERTVILLE
. COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2006-69
RESOLUTION VACATING A PORTION OF
MACKENZIE AVENUE NE WITHIN THE
BARTHEL'S INDUSTRIAL PARK SECOND ADDITION
WHEREAS, the City Council, pursuant to its own motion and it's authority under
Minnesota Statute §412.851 did hold a public hearing on December 4, 2006 at 7 p.m. at the
Albertville City Hall. At said time and place the City Council heard all interested parties on
whether to vacate that portion of Mackenzie Avenue NE which lies North of 52°d Street and
South of the Burlington Northern Railroad within the City of Albertville.
WHEREAS, all notice requirements of Minnesota Statute §412.851 have been satisfied;
and
WHEREAS, the City Council finds and determines that it is in the public interest to vacate the
roadway as legally described above as such roadway is no longer required by the City.
NOW THEREFORE BE IT RESOLVED that the City Council of City of Albertville, Wright
County, Minnesota does hereby order as follows:
1. That portion of Mackenzie Avenue NE which lies North of 52"d Street and
South of the Burlington Northern Railroad within the City of Albertville is
hereby vacated.
2. The City Council has determined that the following property owners have not
been negatively affected by the road vacation:
a. Albertville Investments, LLC
c/o Scherer Brothers Lumber Company
9401 73`d Avenue N., Suite 400
Brooklyn Park, MN 55428
b. Dale Rossing
544 Marlow Avenue NE
Albertville, MN 55301
•
W
3. The City Clerk is directed to file a certified copy of this Order in the records of
the City and along with a "Notice of Completion of Proceeding" with the Office
of the Wright County Auditor and Recorder.
Adopted by the Albertville City Council this 2"d day of April 2007.
Ron Klecker, Mayor
Bridget Miller, City Clerk
30
•
A.Ibe tville
Small Town Uving. 819 Cigr We.
•
TO: City Council
FROM: Tim Guimont
DATE: March 26, 2007
RE: Monthly Update
Compost Site
I met with a gentleman from Environmental Wood Supply, LLC. They are a division of the
Market Street Energy Company, LLC (E. W. S.) that supplies the power plant with wood chips to
burn to make electricity. E.W.S. would come to our compost site, chip and haul the brush away
at no cost to the city. They would likely do this on an annual basis. This would double the size of
our compost site so we could collect and store brush for the year.
This may be an opportunity to do something with the City of Otsego at our compost site.
Parks
The playgrounds have been inspected and repaired .The portable restrooms are on order for
delivery by April 15. This year we will be maintaining all the parks in Towne Lakes except
Linwood Park.
The PW Department has been removing trees from an old fence line at winter park to make room
for the ball and soccer fields.
Streets
The city streets will be swept the week of April 1 thru April 6. We will begin crack filling soon
after.
31
A�Ibcrtvillc
Small 'fawn Uving. Big City Ufa.
TO: City Council
FROM: Tim Guimont
DATE: March 26, 2007
RE: Monthly Update
Compost Site
I met with a gentleman from Environmental Wood Supply, LLC. They are a division of the
Market Street Energy Company, LLC (E.W.S.) that supplies the power plant with wood chips to
burn to make electricity. E.W.S. would come to our compost site, chip and haul the brush away
at no cost to the city. They would likely do this on an annual basis. This would double the size of
our compost site so we could collect and store brush for the year.
This may be an opportunity to do something with the City of Otsego at our compost site.
Parks
The playgrounds have been inspected and repaired .The portable restrooms are on order for
delivery by April 15. This year we will be maintaining all the parks in Towne Lakes except
Linwood Park.
The PW Department has been removing trees from an old fence line at winter park to make room
for the ball and soccer fields.
Streets
The city streets will be swept the week of April 1 thru April 6. We will begin crack filling soon
after.
31
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32
A,lbertville
Small Touin Uving. Big City Ufa.
TO:
City Council
FROM:
Tina L. Lannes
DATE:
March 30, 2007
RE:
Accounts Receivable Update
Total accounts receivable outstanding through March 26, 2007 is $94,011.97
The percentage of the total due based on the aging report is as follows:
0-30 days outstanding $53,307.11 56.70%
60-90 days outstanding $12,195.82 12.97%
Over 90 days outstanding $28,509.04 30.33%
The majority of 90 days outstanding is as follows:
30% Edina Development and Gold Key
27% Towne Lakes staff is working with Dan Hempel for payment
18% Phil Morris sending payment, if no payment received will be assessed in November
12% Minnesota Development working with Joe for payment by 4/15
13% Miscellaneous will be assessed if possible in November is payment is not received
33
Vendor
Amount
Due
0-30 Days
30-60 days
60-90
days
90 days &
Over
152 CLUB
$3,520.00
$3,520.00
ALBERTVILLE BODY SHOP
$1,236.00
$1,236.00
ALBERTVILLE HOLDINGS
$2,158.27
$2,158.27
ALBERTVILLE PLAZA
$1,121.36
$1,121.36
CINGULAR WIRELESS
$709.12
$151.00
$558.12
COLLYARD GROUP
$349.63
$150.00
$199.63
CPG PARTNERS
$2,977.57
$1,902.75
$1,074.82
CULVERS
$127.04
$127.04
DAIGLE, FRANK
$8,703.00
$8,703.00
EDINA DEVELOPMENT
$2,522.54
$2,522.54
FRANCIS PROPERTIES
$112.76
$112.76
FRANKLIN OUTDOOR
ADVERTISING
$1,650.00
$1,650.00
FULL MOON SALOON
$32520.00
$3,520.00
GOLD KEY DEVELOPMENT
$5,946.54
$5,946.54
HOEY OUTDOOR ADVERTISING
$150.00
$150.00
HOUCK, THOMAS
$75.00
$75.00
K. HOVNANIAN
$1,629.00
$1,629.00
KARR, JEREMY
$75.00
$75.00
LAMAR COMPANIES
$225.00
$225.00
LAPATITE DAY CARE
$157.75
$157.75
MD MECHANICAL
$2,401.28
$2,401.28
MINNESOTA DEVELOPMENT
AGENCY
$4,797.88
$415.50
$1,174.21
$3,208.17
NEARY, BRIAN
$103.32
$103.32
NEXTEX PROPERTIES
$62.50
$62.50
NORTHWOODS CUSTOM HOMES
$353.71
$100.00
$253.71
OTSEGO, CITY OF
$14,109.90
$14,109.90
PHILMORRIS
$7,967.18
$1,891.80
$1,149.00
$4,926.38
PREMIER DEVELOPMENT GROUP
$49.70
$49.70
RANCHO GRANDE
$3,520.00
$3,520.00
SHOPPES AT TOWNE LAKES
$93.60
$93.60
SHOPPES AT TOWNE LAKES 2
$545.00
$545.00
SPACE ALIENS
$3,481.35
$2,639.40
$517.63
$324.32
ST. MICHAEL, CITY OF
$7,126.03
$7,126.03
STATE BANK OF LONG LAKE
$518.20
$518.20
TOWNE LAKES
$16,672.74
$247.00
$8,796.86
$7,628.88
Total
$94,011.97
$53,307.11
$0.00
$12,196.82
$28,509.04
Current 0-30 days
$53,307.11
56.70%
30-60 days
$0.00
0.00%
60-90 days
$12,195.82
12.97%
over 90 day
$28,509.04
30.32%
34
A,lbertville
Small Town Uving. Big Cites Ufa.
TO:
City Council
FROM:
Tina L. Lannes
DATE:
March 26, 2007
RE:
Project Update
Council requested an update on outstanding project status. Below are the contracted projects
with amounts paid to date as of March 26, 2007:
Fund
476
473
466
400
400
602
602
204
488
496
482
470
Project
Total Contract
Paid to Date
Retaina a
Difference
2004 School Pedestrian
Trail Bituminous
$353,876.90
$331,703.71
15,004.15
$22,173.19
2004 Prairie Run
$1,595,233.53
$1,567,701.19
62,266.71
$27,532.34
Public Works Building
$1,714,020.00
$1,706,967.00
84,566.00
$7,053.00
2003 CSAH 19 Upgrade
$1,446,496.70
$1,340,629.92
70,531.24
$105,866.78
Frontage Avenue
Improvements
$313,719.00
$281,440.31
13,066.09
$32,278.69
Water Main Change Order
$32,394.00
$30,288.00
1,514.40
$2,106.00
CSAH 37 / 60th Street
Storm Sewer
$49,983.00
$47,941.00
2,042.00
$2,042.00
Mud Lake Water Main
$70,923.14
$67,725.89
$3,197.25
Hunter Pass Lift Station
$127,600.00
$111,878.59
5,888.00
$15,721.41
Ice Arena Locker Room
$683,581.00
$644,377.00
33,918.00
$39,204.00
Hockey Rink
$100,953.00
$88,820.92
$12,132.08
City Hall
$3,113,287.00
$2,969,824.45
$143,462.55
37 Trail
$241,522.75
$226,608.96
$14,913.79
Total
$9,843,590.02
$9,415,906.94
$288.796.59
$427,683.08
95.66%
468 194 Project $412,670.65 1 $412,670,65
35
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36
A,lbertville
Small moan Uving. fNg City Ufa.
TO: City Council
FROM: Tina L. Lannes
DATE: March 26, 2007
RE: Budget Update
BACKGROUND
This report is an un-audited 1 St Quarter 2007 General Fund summary of revenues and
expenditures through March 26, 2007. Revenues and Expenditures should be at approximately
25%.
REVENUES
The City of Albertville is currently at 3.9% of its annual budgeted revenue for the General Fund,
which is normal due to the fact the City of Albertville doesn't receive tax settlements until July.
EXPENSES
The City of Albertville is currently at 10.6% of its annual budgeted expenses in the General
Fund.
VARIANCES
Revenues
The Business Licenses larger than their budgeted amount because we receive the annual
franchise payment each March. The franchise fee is based on 5% of gross revenues therefore,
Charters double for this year.
Liquor Licenses are close to their budgeted amount because they expire in April of each year and
must be renewed.
Other State Aids and grants reflect of receipt of monies for the municipal maintenance.
Fines and Forfeits include a payment for 2006 violation.
37
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38
A,lbertville
Smolt Town Wing. Big City We.
2007 Council Update
General Fund
General Fund Revenue: 2007 2007 Actual % of
Budget 3/26/2007 Budget
31010
Current Ad Valorem Taxes
2,009,558
0.0%
32100
Business Licenses & Permits
28,000
53,435
190.8%
32110
Liquor Licenses
22,000
18,470
84.0%
32120
3.2 Liquor Licenses
200
30
15.0%
32150
Sign Permits
3,094
250
8.1%
32210
Building Permits
420,000
28,986
6.9%
32240
Animal Licenses
700
624
89.1%
33401
Local Government Aid
-
-
0.0%
33405
Police Aid
17,000
-
0.0%
33406
Fire Aid
55,000
-
0.0%
33422
Other State Aid Grants
500
4,185
837.0%
33620
County Grants & Aids
10,000
-
0.0%
34000
Charges for Services
8,000
1,165
14.6%
34101
Lease Payments - City Property
27,700
900
3.2%
34001
Administration Fees
276,351
-
0.0%
34050
Developer Fees
125,000
-
0.0%
34103
Zoning & Subdivision
15,000
1,200
8.0%
Plan Check fee
74,000
15,239
20.6%
34105
Sale of Maps
300
25
8.3%
34106
PID/Le al Description Requests
1,500
-
0.0%
34107
Title Searches
1,500
40
2.7%
34302
Fire Protection Contract Charges
84,944
-
0.0%
34780
Park Rental Fees
2,000
1,100
55.0%
34950
Other Revenues
10,000
3,561
35.6%
35000
Fines & Forfeits
200
550
275.0%
36210
Interest Earnings
75,000
-
0.0%
Reserves
25,000
-
0.0%
Total Revenues
$ 3,292,647
$ 129,760
3.9%
39
General Fund Expenditures 2007 2007 Actual % of
Budget 3/26/2007 Budget
41100
Council
39,494
4,802
12.2%
41300
Administrator
124,327
28,299
22.8%
41400
City Clerk
137,177
33,235
24.2%
41410
Elections
6,000
-
0.0%
41500
Financial Administration
92,542
21,570
23.3%
41550
1 City Assessor
35,000
294
0.8%
41600
City torney
32,760
2,136
6.5%
41700
City Engineer
42,500
3,470
8.2%
41800
Economic Development
9,700
-
0.0%
41910
Planning & Zoning
34,084
1,172
3.4%
41940
City Hall
259,591
13,665
5.3%
42000
Fire Department
404,192
20,574
5.1%
42110
Police
453,200
76,285
16.8%
42400
Building Inspection
485,390
49,762
10.3%
42700
Animal Control
3,500
258
7.4%
43100
Public Works - Streets
464,101
47,540
10.2%
43160
Street Lighting
55,000
9,838
17.9%
43200
Recycling
45,000
10,616
23.6%
45000
Culture & Recreation
35,250
-
0.0%
45100
Parks & Recreation
196,239
26,997
13.8%
1-94
100,000
-
0.0%
49300
Capital Reserves 1
237,500
0.0%
Total Expenditures $ 3,292,547 $ 350,514
10.6%
40
Albertville
Small Town Wing. Big City life.
TO:
City Council
FROM:
Tina L. Lannes
DATE:
March 26, 2007
RE:
800 MHZ Update
Council requested staff to research the timing and cost for the 800 MHZ switch over. According
to Wright County the proposed date for the turn over to 800 MHZ is on the completion of the
new Jail that is projected to be 2009. Today the costs for portable Motorola's on this system are
$2,300 and mobiles are about $4,000 each.
Looking at our needs for the conversion would run on these estimates $42,000 plus maintenance.
The estimated maintenance costs have come down since the 2005 notification for Motorola for
2006 per radio and type of radio. Therefore, with the number of units the City of Albertville will
need the annual maintenance on these would be an estimated $4,500.
~ Staff will revisit this information in the 2008 budget process starting in June.
M
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42
-�1W4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231 .2555 Facsimile: 763.231 _2561 plan ners@nacplanning_com
MEMORANDUM
TO: Larry Kruse
FROM: Alan Brixius / Laurie Shives
DATE: June 30, 2006
RE: Albertville — Albertville Marketplace; PUD-CUP / Preliminary Plat
FILE: 163.05 — 06.15
BACKGROUND
Phil Morris, along with his development team, has submitted a PUD-CUP and preliminary plat
for the property located in the southeast quadrant of CSAH 37 and Interstate 94. The proposed
development is to be known as Albertville Marketplace and consists of various retail and
commercial uses including a bank, motor fuel station and car wash and drive through service
lanes.
The City has reviewed two previous PUD Concept Plans for the subject site in August 2003 and
May 2004. The concept plan currently being presented appears to be much more intense in
terms of number of buildings, proposed building floor area and traffic circulation. Both concept
plans previously submitted offered more green space, greater building and parking area setbacks.
The current proposal indicates five new commercial buildings with a total of 29,100 square feet
of floor area with an integrated village design. Previous concept plan submittals in 2003 and
2004 for the subject site consisted of three buildings totaling approximately 26,700 square feet of
floor space and two buildings totaling 24,300 square feet of floor space, respectively. While the
site plan is more intense, the proposal appears to be in line with B-3 Zoning requirements.
The City reviewed a Concept Plan for the subject site in May 2006. The applicant has made
several revisions in response to City staff and City officials' comments following review of the
concept plan. In addition to the submission of revised site and building plans, the applicant has
included the submission of a traffic study concerning traffic generation and circulation patterns
for the proposed development.
The site is currently vacant and is zoned B-3, Highway Commercial. The applicant is requesting
a PUD-CUP in order to allow for the proposed mix of uses including motor fuel sales, a car wash
and a drive through which are conditional uses in the B-3 District and the establishment of lots
which do not have direct access to a public street.
43
Attached for reference:
Exhibit A
— Existing Conditions
Exhibit B
— Preliminary Plat
Exhibit C
— Site Plan
Exhibit D
— Grading, Drainage and Erosion Control Plan
Exhibit E
— Utility Plan
Exhibit F
— Lighting Plan
Exhibit G
— Landscape Plan
Exhibit H
— Building Elevations & Signage
Exhibit I —
Project Narrative
Exhibit J —
Westwood Traffic Analysis
ANALYSIS
Preliminary Plat
The applicant is proposing to subdivide the 11.97 acre site into four lots and three outlots. The
proposed lot areas meet the requirements of the B-3 Zoning District. The proposed lots have
irregular shapes, however, the design of the lots has been planned around the internal private
street layout. The proposed lots must have cross access and ingress/egress easements recorded
as part of the PUD Development Agreement to ensure that traffic can flow from one lot to
another utilizing the proposed internal streets.
Outlot A is proposed to be overlaid with a drainage and utility easement and dedicated to the
City for preservation of the existing wetland. Outlot B must be dedicated as public street right of
way for the future construction of an access street through the Potter property and connected
with MacKenzie Avenue NE. Outlot C shall contain a sanitary sewer lift station.
Zoning: The subject site is zoned B-3, Highway Commercial District and the proposed motor
vehicle oriented, commercial and service uses are permitted uses and permitted conditional uses
in the B-3 District. The subject site is guided for future commercial uses as designated by the
City's Comprehensive Plan. The applicant is requesting a PUD-CUP to allow for the
subdivision of the site into lots which do not have access to a public road and to allow for
multiple drive through lanes and gas sales. Drive through lanes and gas sales are conditional
uses within the B-3 District.
The 2003 PUD Concept approval stipulated that motor fuel sales would be acceptable for the
site, provided it would be preceded by the construction of a sit-down restaurant. Staff advises
that this condition should be a condition of approval for the current proposal as well.
Access: The subject site is proposed to access off of CSAH 37. This access location does not
meet the County's intersection spacing requirements, however, the County is approving the full
access noting that as the area continues to develop and traffic volumes increase, future street
designs may require this access to be changed to a right in/right out only access. The City offers
no assurances that direct, full access to CSAH 37 will be maintained in the future and therefore
an alternate access is necessary. The City is proposing a backage road extending to the south and
east of the subject and connecting with MacKenzie Avenue. As a condition of approval, the
applicant shall contribute to the construction of a backage road accessing off MacKenzie Avenue
to provide additional future access to the site. The site plan indicates a future roadway extension
of the proposed site access road shown as Outlot B. Outlot B shall be platted as public street
right-of-way.
Open Space and Park Dedication: Outlot A, a total of 4.47 acres, will remain as permanent
open space as it contains a delineated wetland. According to the applicant, approximately 63
percent of the total site acreage will remain as open space. The applicant is not proposing to
dedicate any land to the City for the purpose of creating parks or trails. As such, the applicant
shall be required to pay a cash fee in lieu of land to satisfy park dedication requirements
equivalent to $7,500 per buildable acre for a total fee of $43,500. Park dedication fees are to be
paid at the time of final plat.
Site Plan Review
Lot Area and Setbacks: The B-3 District does not have a minimum lot area requirement.
Setback requirements for the B-3 District as well as those being proposed by the applicant are
shown in the table below:
Setbacks
Parking Setbacks
Front
Yard
Side Yard
Rear
Yard
Front
Yard
Side/Rear
Yard
Wetland
Setback
Required
35 feet
20 feet
20 feet
10 feet
5 feet
30 feet
Proposed
35 + feet
20 + feet
20 + feet
10 feet
5 feet
30+ feet
As shown in the table, the proposed site plan is consistent with the setback requirements for the
B-3 District.
Lot Coverage: Within the B-3 District, a maximum of 80 percent of the total lot area is
permitted to be covered by impervious surfaces. According to the submitted site plans, the
subject site encompasses 7.16 acres in total developable area (not including the wetland and
wetland buffer areas). There is a total of 4.34 acres of impervious surfaces proposed on the site,
which translates to a total of 61 percent impervious surfaces. As such, the proposed
development is compliant with the maximum lot coverage requirements of the B-3 District.
Vehicle Circulation: The applicant has submitted a traffic study conducted by Westwood
Professional Services. The traffic study includes diagrams of the subject site showing the
accommodation of a 50-foot semi tractor trailer circulating throughout the entire site as well as a
67-foot semi tractor trailer/tanker truck circulating throughout the proposed gas station site.
The proposed median located within the entrance area of the site shall be raised to prohibit traffic
from existing out of the gas station parking area's north entrance. This northern -most curb cut
shall be for ingress traffic to Lot 2 only.
45
Pedestrian Circulation: The site plan indicates the addition of sidewalks along the building
storefronts of Buildings A, B, C and E to promote the village design of the project. The
developer shall provide designated crosswalk areas to accommodate safe circulation of
pedestrians from building to building. The City's Park and Trail Plan adopted in 1997 identifies
a future pedestrian trail segment along CSAH 37. The applicant shall construct a trail along the
subject site's frontage to CSAH 37 or shall establish an escrow for the purposes of constructing
the trail in the future.
Traffic Generation: The submitted traffic study indicates that the proposed project will
produce an estimated 5,482 trips per day, with the gas station/convenience store generating the
majority of the trips (59 percent). The study also advises that the proposed traffic generation for
the site is substantially less than proposed traffic generation for previous site concepts. Trip
generation for the proposed site development submitted in 2004 was a total of 6,274 daily trips,
which is 792 trips (14 percent) more than what is currently being proposed.
Off -Street Parking: The submitted site plans indicate the addition of 197 parking spaces,
including 12 handicap accessible spaces. Given the proposed restaurant, gas station and
convenience store and bank and the requirements of the Zoning Ordinance, the proposed number
of parking spaces for those uses appears to be adequate.
It is assumed that Buildings A and B will have multiple tenants and therefore those buildings
shall be held to the parking requirements for shopping centers as stated in Section 1200.9 of the
Zoning Ordinance. Given that the total proposed leasable area for Buildings A and B totals
15,600 square feet, the applicant shall provide 5.5 parking spaces per 1,000 square feet for a total
of 77 parking spaces.
The applicant has shown a total of 77 parking spaces to be shared by Building A and Building B,
as required. The site plan also indicates eight "proof of parking" stalls within Lot 2 for the
proposed motor fuel station. The applicant may be required to establish this parking area if it is
determined by City staff and officials that additional parking is necessary to accommodate
vehicles visiting the site.
Off -Street Loading: The submitted site plans indicate the location of loading areas for
Buildings A, C and D. The applicant is required to demonstrate the location of off-street loading
areas for each proposed building on the subject site and, as such, the site plans must be revised to
indicate loading areas for Buildings B and E. Off-street loading areas are subject to the
provisions outlined in Section 1300 of the Zoning Ordinance.
The proposed site plan does not indicate the locations of the underground fuel tanks which will
presumably be accessed by large fuel tanker trucks. The site plan shall be revised to identify fuel
tank locations for the proposed gas station.
Drive -through Service Lanes: The applicant is proposing a total of three separate drive
through uses. The two proposed drive through lanes shown on Lot 1 will be single lane, while
the drive through for the proposed bank shown on Lot 3 will have two lanes. Section 4400A.H.1
we
of the Zoning Ordinance requires at least 120 feet of stacking space is required for a single lane
drive through. The submitted site plan indicates the required 120 feet of stacking space for the
single lane drive through lanes proposed for Buildings A and B. The site plan also shows 60 feet
of stacking space for each drive through lane proposed for the bank (Building E), as required.
The drive through design for the drive through lanes proposed for Building A and Building B has
been revised to allow for better circulation and operation in response to City staff s comments on
the proposed concept plan. The applicant is also proposing to add additional signage and striping
to direct traffic in and around the proposed drive through lanes. All drive through service lanes
shall meet the conditional use requirements for drive through uses shown in Section 4350.4.G of
the Zoning Ordinance.
Building Materials: The site plans indicate that the proposed buildings will be similar in design
and exterior materials. Architectural interest will be provided by the varying rooflines and the
proposed awnings and sun screens located above windows and building entrances. The primary
exterior building materials will be brick, EFIS and rock face block in earth tone colors. The
proposed materials and building design is consistent with the requirements of the Zoning
Ordinance. Architectural design standards and guidelines have been submitted as a part of the
proposed building elevation drawings. These design standards and guidelines shall be made a
part of the PUD-CUP Development Agreement. The applicant has submitted preliminary
renderings of the proposed buildings, however, each building, prior to issuance of a building
permit, must be reviewed by the City through the site and building plan review process.
Trash Enclosures: The submitted site plans indicate the location of trash enclosures for the
proposed gas station and multi -tenant retail buildings. The site plan indicates that the proposed
restaurant will have an interior trash storage room located adjacent to the loading area. The
applicant shall also provide trash enclosure detail for the bank building. Building elevations
shall be revised to show trash enclosure detail. Trash enclosures for the subject site shall be of
masonry construction and shall complement the building materials and design of the principal
building. All proposed trash enclosures shall be consistent with the requirements of Section 5-7-
3 of the City Code.
Lighting: The applicant has submitted a lighting plan indicating the addition of 30 single and
back-to-back mounted, shoe box style exterior lights. The proposed lights will be 30 feet in
height including the concrete mounting base which is consistent with Ordinance requirements.
The submitted lighting plan also indicates the proposed photometric calculations for the site.
Section 1000.10.1) of the Zoning Ordinance states that no light source shall cast light on a public
street in excess of one foot candle as measured at the right-of-way line. The submitted lighting
plan shows metric readings over one foot candle in several locations outside of the property
boundary. The proposed lighting plan shall be revised to show compliance with Section 1000.10
of the Zoning Ordinance.
Signage: Detailed signage plans were submitted with the proposed PUD-CUP and preliminary
plat application. The plans indicate the addition of a 164 square foot monument sign location at
the site entrance off of CSAH 37 and two 120 square foot pylon signs located at the northwest
and southwest corners of the site adjacent to Interstate 94. In the past, the City has allowed
47
larger pylon signs for multi -use shopping center developments such as the subject site.
Albertville Crossings was permitted to have a freestanding pylon sign with a total of 250 square
feet of sign area on either side of the sign. City staff feels that the applicant should be allowed to
have two 120 square foot pylon signs as proposed.
Additionally, the submitted plans indicate a monument sign for the proposed convenience
store/fuel station and a monument sign for the proposed bank. However, Section 10-7-8.A.3 of
the City Code allows only one ground sign per lot. The site plan shows the proposed entrance
ground sign as well as the ground sign for the convenience store/fuel station both located within
Lot 2. The applicant shall eliminate the proposed entrance ground sign and revise the signage
plan to indicate one ground sign for each lot. Individual lots are permitted to have one ground
sign 12 feet in height and totaling no more than 80 square feet.
The proposed signage plan also includes wall signs for each of the proposed trail uses within
Buildings A and B. The submitted plans indicate that the proposed signage will be located on
both the front and rear sides of the building. Wall signage shall not exceed 15 percent of the
tenant bay fagade. As shown in the submitted plans, the walls signs are compliant with Code
requirements.
The site plans indicate the addition of several directional signs to accommodate traffic
circulation throughout the site. The location of these traffic signs as well as the need for any
additional traffic signs shall be subject to the review and approval of the City Engineer.
Landscaping: The submitted landscape plan shows significant landscaping given the nature of
the proposed uses and the site design. The applicant has provided additional landscaping in the
form of shrubs, overstory trees and evergreen plantings along the east property line to establish
screening/buffering from the existing cemetery adjacent to the site in response to City staff
comments.
The applicant has provided noteworthy landscaping and parking area buffering along the parking
area boundaries. Additional landscaping is necessary, however, to provide this same level of
screening along the south parking area perimeter to provide sufficient screening of the parking
area from cars traveling north on Interstate 94.
The applicant is also proposing to install over 3,000 square feet of rain gardens located within
the proposed parking lot median between Building A and Building C as well as within an open
area to the northeast of Building C.
The landscaping plan must be revised to indicate the number of each plant species proposed and
the location of each species on the landscape plan.
Grading, Drainage and Erosion Control: The applicant has submitted revised grading,
drainage and erosion control plans. The plans have been revised to show retaining walls along
the southwest portion of the site ranging from two feet to three feet. This is an improvement
over the previously proposed retaining walls that were four feet and higher. All grading,
drainage and erosion control matters shall be subject to the review and approval of the City
Engineer.
CONCLUSION / RECOMMENDATION
The applicants are proposing to construct five buildings with a total floor area of 29,600 square
feet. The number of buildings, as well as the proposed amount of total floor area, is greater than
previous submittals for the subject site. However, the site maintains consistency with Ordinance
requirements and the developer has revised plans to respond to issues raised by our review of the
Concept Plan. As such, we would recommend approval of the PUD-CUP preliminary plat for
Albertville Marketplace as shown on the submitted plans dated June 13, 2006, subject to the
following conditions:
Preliminary Plat Approval:
1. Outlot B shall be dedicated as public street right-of-way.
2. A drainage and utility easement shall be dedicated over all of Outlot A and Outlot C.
3. The applicant shall be required to contribute to the construction of a backage road
intersecting with MacKenzie Avenue south of the existing cemetery to provide additional
future access to the subject site.
4. The applicant shall be required to pay a cash fee in lieu of land to satisfy park dedication
requirements totaling $43,500 at the time of final plat approval.
The applicant shall construct a trail along the north side of the property bordering CSAH
37 or shall put monies an escrow and enter into an assessment waiver agreement for trail
construction at a later date, subject to City staff approval.
PUD-CUP Approval:
1. Designated crosswalk areas shall be provided to accommodate safe circulation of
pedestrians from building to building, subject to the approval of the City Engineer.
2. Site plans must be revised to indicate off-street loading areas for Building E or applicant
must demonstrate that a loading area is not necessary when individual site and building
plans are submitted.
3. The site plan shall be revised to identify fuel tank locations for the proposed gas station.
4. The proposed median located within the entrance area of the site shall be raised to
prohibit traffic from existing out of the gas station parking area's north entrance.
5. Applicant shall provide trash enclosure detail for Building E.
.•
6. Building elevations shall be revised to show trash enclosure detail.
7. The proposed lighting plan must be revised to show compliance with Section 1000.10 of
the Zoning Ordinance.
8. Additional landscaping shall be provided along the southwest parking area perimeter to
offer sufficient screening of the parking area from cars traveling north on Interstate 94.
9. The landscaping plan must be revised to indicate the number of each plant species
proposed and the location of each species on the landscape plan.
10. All grading, drainage and erosion control issues shall be subject to the review and
approval of the City Engineer.
11. Construction of a motor fuel station shall not occur until the proposed restaurant or retail
building are constructed on the subject site.
12. Each proposed building shall be required to receive separate site and building plan
approvals prior to issuance of a building permit.
13. The applicant shall enter into a PUD-CUP Development Agreement outlining the
conditions of approval and the development allowed on the site, subject to the review and
approval of the City Attorney.
PC. Adam Nafstad, Bolton & Menk, Inc.
Linda Fisher, Larkin Hoffman Daly & Lindgren Ltd.
Shari Ahrens, Westwood Professional Services, Inc.
Neil W
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4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners@a nacplanning.com
MEMORANDUM
TO: Larry Kruse, City Administrator
FROM: Cassie Schumacher-Georgopoulos
DATE: March 19, 2007
RE: Albertville — Albertville Marketplace
NAC FILE: 163.06 — 06.15
Our office has reviewed plans submitted by Phil Morris for the Albertville Market Place. We
find the plans submitted appropriate and hold all plans to the conditions listed in the Resolution
dated for April 2, 2007. The plans dated 03/01/07 addressing the City's and Owners comments
shall also respond to all comments of the City Engineer as attached to the following resolution.
51
CITY OF ALBERTVILLE
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO.:
RESOLUTION APPROVING A PRELIMINARY PLAT AND PLANNED UNIT
DEVELOPMENT -CONDITIONAL USE PERMIT FOR THE ALBERTVILLE
MARKETPLACE LOCATED AT THE CORNER OF CSAH 37 AND INTERSTATE 94
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, Property owner Phil Morris and his development team have submitted an
application for a preliminary plat and planned unit development- conditional use permit to
construct a new retail shopping center including a sit-down restaurant and a motor fuel station on
site legally described as follows; and
That part of the NE 1/4 of the NE'/4 of Sec. 1, T. 120, R. 24, Wright County, Minnesota, lying
Southerly of CSAH 37 and Northerly of Minnesota Highway Number 94.
WHEREAS, City staff has reviewed submitted plans and prepared a planning report
dated July 6, 2006; and
WHEREAS, the Albertville Planning Commission met and held a public hearing on July
11, 2006 to consider the Albertville Marketplace application; and
WHEREAS, upon review of the staff reports and hearing public testimony, the Planning
Commission closed the public hearing and recommended that the City Council approve the
preliminary plat and planned unit development- conditional use permit application with the
conditions outlined in the July 6, 2006 Planning Report and the July 5, 2006 Engineer's Report
with additional conditions recommended by the Planning Commission.
WHEREAS, the Albertville City Council has received the Albertville Marketplace
application, revised Developer plans dated March 1, 2007, staff review documents, and the
Planning Commission recommendation, and agrees with the findings and recommendation of the
Planning Commission.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville,
Minnesota hereby approves the preliminary plat and planned unit development- conditional use
permit for the Albertville Marketplace subject to the attached Findings of Facts and Decision.
Findings of Fact: Based on review of the evidence received, the City Council now makes the
following finding of fact and decision:
52
A. The site legally described as that part of the NE 1/4 of the NE 1/4 of Sec. 1, T. 120, R. 24,
Wright County, Minnesota, lying Southerly of CSAH 37 and Northerly of Minnesota
Highway Number 94.
B. The planning report dated July 6, 2006 from Northwest Associated Consultants and
the Engineer's Reports dated July 5, 2006 and August 11, 2006 from Bolton &
Menk, Inc. are incorporated herein.
C. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
D. Traffic generated by the proposed use is within capabilities of streets serving the
property as proposed.
E. The requirements of the Albertville Zoning Ordinance have been reviewed in
relation to the proposed use.
F. 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.
G. The subject site is zoned B-3, Highway Commercial District. The proposed use is
consistent with permitted uses within the B-3 District and will be compatible with
present and future land uses of the surrounding area.
H. The proposed use conforms to applicable Zoning Ordinance performance standards
and approved planned unit development standards.
I. The proposed use will not tend to or actually depreciate the area in which it is
proposed.
Decision: Based on the foregoing information and applicable ordinances, the City Council
hereby APPROVES the preliminary plat and conditional use permit/planned unit development
based on the most current plans dated June 13, 2006 and revised March 1, 2007 and information
received to date, subject to the following conditions:
Preliminary Plat
1. The applicant shall be required to provide escrow to the City for a signal at the
intersection of CSAH 37 and Street A. The contribution terms shall be determined and
agreed upon by both the applicant and City prior to final plat approval.
2. The applicant shall be required to pay a cash fee in lieu of land to satisfy park dedication
requirements totaling $47,560 at the time of final plat approval.
53
3. In lieu of installing a three-legged stoplight ("Traffic Signal") at the entrance to developer's
property upon development of the plat, developer shall agree to all the City to construct the
Traffic Signal and Developer shall agree to be specially assessed and waive its right to
appeal a special assessment of 100% of the costs of the Traffic Signal. The current cost
estimate of the Traffic Signal is $ and shall be indexed using an engineer's
index to determine the amount of the special assessment at the time of the assessment. The
Traffic Signal shall be installed when either Wright County or the City finds that it is in the
public's health, interest and welfare to have the Traffic Signal installed.
4. The applicant shall provide escrow to construct a trail along the north side of the property
bordering CSAH 37 or enter into an assessment waiver agreement for trail construction at
a later date, subject to approval of the City Attorney.
5. The developer shall deed Outlot B to the City for use as a sanitary sewer lift station to be
constructed by the City.
6. The applicant shall construct all street, curb, gutter, storm sewer, municipal water, municipal
sanitary sewer, and ponding improvements shown on the attached exhibits as well as the
private drive shown on the Phase 1 Paving Plan with the initial construction of the plat.
Additional drive lanes necessary to support traffic flow and parking lots necessary for
individual buildings shall be constructed with the corresponding individual building
construction.
7. The City shall reasonably maintain the sanitary sewer lines and municipal water lines and
fire hydrants located within publicly dedicated utility easements on Said Plat, provided,
however that in the event it is necessary for the City to excavate any portion of the easement
area to maintain, repair or replace any such lines, the City shall be obligated to restore the
easement area to grade with gravel and the owner of the property or the Property Owner's
Association shall be responsible for replacing pavement and any improvements above grade.
Planned Unit Development- Conditional Use Permit
A motor fuel station/convenience store with car wash in the size, location and
configuration shown on the attached site plan is approved as a conditional use, subject to
the conditions contained herein.
2. No occupancy permit shall be issued for a motor fuel station until either the applicant
constructs a retail building on Lot 1 and an occupancy permit is issued, or applicant
constructs a restaurant of at least 4,000 square feet and an occupancy permit is issued on
Lot 4.
3. All buildings shall be constructed in the locations and configurations shown on the Site
Plan attached as Exhibit A. Developer shall develop the plat consistent with the plans
attached hereto.
54
4. No building shall be required to receive separate site and building plan approvals prior
to issuance of a building permit unless the building size is reduced by more than 10%
from that shown on Exhibit A, or the parking, drive lanes, traffic flow or curb locations
are changed from those shown on Exhibit A, or site grading varies from the approved
grading plan (Exhibit B).
5. The proposed sidewalks, crosswalks and overall pedestrian circulation plan shall be
subject to the approval of the City Engineer.
6. The landscaping plan must be revised to indicate the number of each plant species
proposed and the location of each species on the landscape plan. The landscaping
shown along the north property line of Lots 1 and 2, the retain walls, the landscape
restoration of the stormwater pond in Outlot C, and the plantings along Street A and the
private east/west street shall be install during the initial construction of the site. The
balance of the landscape plan shall be installed per lot with each individual site
development.
7. Land uses approved with this planned unit development shall be consistent with the
approved PUD site plan as follows:
a. Lot 1 —
Any B-3 use
b. Lot 2 —
Motor Fuel Station/Convenience Store
c. Lot 3 —
Any B-3 use
d. Lot 4 —
Restaurant of at least 4,000 square feet in building size
8. Fifty percent (50%) of exterior building finishes exclusive of doors and windows shall
be brick or stone.
9. Developer shall establish permanent access easements, cross parking easements, and
drainage and utility easements on all lots in a form acceptable to the City Attorney.
10. Developer shall establish a property owners association to provide for maintenance of
the private drives, parking areas, pond and public street in a form acceptable to the City
Attorney. The City street shown on the plat shall be maintained by the property owners
association until such time as a backage road is constructed east to MacKenzie Avenue,
at which time the City shall then maintain the City street. The City shall pay a portion
of the pond maintenance expense equal to the percentage of water entering the pond
which runs off of the City street.
11. All grading, drainage and erosion control issues shall be subject to the review and
approval of the City Engineer, including the following specific conditions:
a. An entrance permit and/or work within the right-of-way permit from the County
shall be obtained.
Gf
b. Applicant shall submit all plans and plat to MNDOT for review and comments,
and shall comply with the requirements of MNDOT.
c. Drainage calculations shall be submitted for review and approval of the City
Engineer.
12. The applicant shall enter into the PUD-CUP Development Agreement approved by the
City Council on April 3, 2007 for this project, subject to the review and approval of the
City Attorney.
13. The Developer shall comply with all recommendations and requirements of the City
Engineer as contained in the City Engineer's July 5, 2006 memorandum review of the
plat and site plans.
Adopted by the Albertville City Council this 2nd day of April, 2007.
Attest:
IN
Bridget Miller, City Clerk
City of Albertville
In
Ron Klecker, Mayor
56
BOLTON a. MAN K, INC.
Consulting Engineers & Surveyors
7533 Sunwood Drive • Suite 206 • Ramsey, MN 55303
Phone (763) 433-2851 • FAX (763) 427-0833
MEMORANDUM
Date: March 25, 2007
To: Al Brixius, City Planner
Cc: Larry Kruse, City Administrator
Michael Couri, City Attorney
Virgil Hawkins, P.E., Wright County
Linda Fisher, Larkin Hoffman Daly & Lindgren, Ltd.
Michele Caron, P.E., Westwood Professional Services, Inc.
Lani Leichty, P.E., BMI
From: Adam Nafstad, P.E., Albertville City Engineer
Subject: Phillip Morris Property - Preliminary Plat
Site & Utility Plan - Review No. 5
City of Albertville, Minnesota
BMI Project No. T15.21724
We have reviewed the revised civil plans titled "Albertville Market Place — Site Development Plans
for Preliminary Plat & PUD/CUP Submittal", prepared by Westwood Professional Services, Inc,
dated 03/01 /07, and offer the following comments:
General
1. 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. Any bonding requirements of the County will be the responsibility of the
Developer.
2. The Developer will be responsible for all construction permits required for the improvements
(sanitary, water, storm water, etc.). A copy of all permits shall be submitted to the City prior
to the commencement of work.
3. No construction activity shall take place on adjacent properties without permission and/or
easement from the respective property owner.
Sanitary Sewer and Watermain
4. A third gate valve shall be added at the first tee south of the connection to the existing
watermain for testing and isolation.
5. A hydrant shall be added at the northeast corner of the C-Store lot.
6. MH-106 shall be relocated such that it receives the C-Store sanitary service line.
7. If the buildings will have sprinkling type fire protection, separate water shutoffs and services
for the fire line and for the domestic line will be required, as well as, easement over services
and their shutoffs.
57
8. All buildings shall have external sanitary sewer clean -outs with cast-iron covers lettered
"SEWER". .-.
9. Alignment of sanitary sewer line between MH-104 and lift station shall be coordinated with
City (note on plans).
Grading, Drainage & Erosion Control
10. It appears that the pervious area in drainage basin DA-IA is twice as large as it should be.
Recalculate the impervious/pervious areas for this basin and the revise the storm water
calculations as necessary. Given the lack of space for additional on -site ponding,
underground storage could be considered as an option, if additional ponding space is needed.
11. The calculations show that the NURP volume was calculated using 6.35 acres with an
impervious percent of 70 for a volume of 0.85 acre-feet. Using these numbers and a CN of
65 in the NURP spreadsheet shows that 0.97 acre-feet of dead storage is needed. Provide the
calculations showing how the 0.85 acre-feet was derived.
12. The 4" orifice invert elevation for CBMH-28 in HydroCad does not match the grading plan
elevation. These two elevations should match.
13. Pond Basin 1 and Pond Basin 2 are modeled with 4-ft long sharp -crested weirs as the primary
device in the HydroCad calculations. These should be modeled as 27-inch diameter
horizontal orifices flowing to the corresponding culvert. The orifice should be routed to the
culvert.
14. Add the overflow elevation of 950.50 on the grading plan between the swale and the pond.
15. Show the invert elevations of the pipes, top of weir and orifice on the detail for CBMH-28, on
sheet 11 of 26. �.
16. Show the invert elevations for all of the aprons associated with structure OCS-31 on the
Utility Plan or show on sheet 11 of 26.
Please let me know if you have any questions.
58
DRAFT 3.1, March 27, 2007
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT/
CONDITIONAL USE AGREEMENT
ALBERTVILLE MARKETPLACE
THIS AGREEMENT, entered into this day of , 2007 by and between Albertville
Marketplace, LLC, a Minnesota Limited Liability Company, referred to herein as "Developer"; and
the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as
"City";
WITNESSETH:
WHEREAS, Developer is the fee owner of the real property described in the attached
Exhibit A, which real property is proposed to be subdivided and platted for development, and which
subdivision, which is the subject of this Agreement, is intended to bear the name "Albertville
Marketplace" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"
the final plat of which is attached as Exhibit B; and
WHEREAS, Developer has received final plat approval for 4 lots within Said Plat; 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 Said Plat and the conditions imposed thereon; and
WHEREAS, approval of a Planned Unit Development is required to permit development of
Said Plat in the manner proposed by the Developer; and
WHEREAS, the City has given final approval of Said Plat contingent upon compliance
with certain City requirements including, but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not limited
to bituminous street, curb and gutter, grading, sanitary sewer, municipal water, and storm sewer be
59
installed to serve Said Plat and other properties affected by the development of Developer's land, to
be installed and financed by Developer; and
WHEREAS, the City further requires that certain other improvements be installed by the
Developer within Said Plat, which improvements consist of paved private streets, boulevards, top
soil and sod, grading control per lot, bituminous or concrete driveways, parking lots, drainage
swales, berming, street signs, street lights, street cleanup during project development, erosion
control, and other site -related items; and
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein set forth, as follows:
Planned Unit Development and Conditional Use. Said Plat is hereby allowed to be developed as
a Planned Unit Development with flexibility from the strict requirements of the City's Zoning
Ordinance in relation to selected items detailed in this paragraph.
A. Developer agrees that all buildings shall be constructed in the locations shown on the
attached Exhibit C unless otherwise approved by motion of the City Council. The
Developer shall comply with all site plan approvals set by the City Council except
where specifically set out in this agreement.
B. At the time of the recording of this Agreement at the Wright County Recorder's Office,
Developer shall record a permanent access and cross -parking easement between Lots 1-
4 on Said Plat. Such permanent access and cross -parking easement must meet the
approval of the City Attorney as to form and content.
C. Developer shall construct the number of parking stalls in the locations and dimensions
as shown on the attached Exhibit C.
D. Developer shall maintain the infiltration plantings shown on Exhibit D in good working
order at all times.
E. Use of lots on Said Plat.
i. The uses on all lots of Said Plat shall be limited to uses that are permitted
under the City's B-3 zoning ordinance as amended from time to time, except
as otherwise restricted in this Agreement. No other type of use on said lot
shall be allowed under this Agreement without a modification to this
Agreement.
ii. The uses on Lot 4, Block 1 of Said Plat shall be limited to a restaurant using
at least 4,000 square feet of enclosed building space, and other uses in the
remainder of the building as are allowed under the City's B-3 zoning
ordinance, unless this provision is specifically altered by amendment of this
Agreement between the City and the owner of Lot 4, Block 1 in the future.
iii. If a motor fuel station (with or without a convenience store and car wash) is
located on Said Plat, it may only be located on Lot 2, Block 1 of Said Plat,
unless as otherwise approved by motion of the City Council.
F. For five (5) years from the date of this Agreement, no amendments to the City's
comprehensive plan or official controls shall apply to or affect the use, development
density, lot size, lot layout, or dedications of the approved plat unless required by
State or Federal law or agreed to in writing by the City and the Developer.
Thereafter, to the full extent permitted by State law, the City may require compliance
with any amendments to the City's Comprehensive Plan or official controls, enacted
after the date of this Agreement, provided that such changes shall not change the
usage restrictions set out in paragraphs 1.E.ii. and 1.E.iii. of this Agreement.
G. No occupancy permit shall be issued for a motor fuel station use on Lot 2, Block 1 until
either 1) An occupancy permit is issued for the restaurant building on Lot 4, Block 1, or
2) An occupancy permit is issued for a retail or office building on Lot 1, Block 1 of Said
Plat.
H. Developer shall develop Said Plat consistent with the site plan attached as Exhibit C.
No building and site construction which otherwise complies with the Site Plan
attached as Exhibit C shall be required to receive separate site and building plan
approvals from the City Council. In addition, no separate building plan approval is
needed from the City Council for any building plan where the building size has been
reduced by not more than 10% of the square footage shown on Exhibit C and
otherwise complies with the Site Plan shown on Exhibit C. However, this
requirement shall not relieve the applicant from obtaining all necessary building plan
approvals required by the City's building code. Any changes to the building
configuration, increases in building size, decrease in building size greater than 10%,
change in parking configuration, curb locations, drive lanes or traffic flow shall
require the requisite building and/or site approval from the City Council, and may,
depending upon the scope of the change, be required to be referred back to the City's
planning commission for additional public hearing proceedings.
I. All grading, drainage, utility, wetland mitigation, and transportation issues that arise
during development of Said Plat shall be subject to review and approval by the City
Engineer.
J. Trees, shrubs, berms and screening are to be planted and installed as shown on the
landscape plan attached as Exhibit D. Developer shall install landscaping shown on the
perimeter of Said Plat by October 31, 2007, and shall install the remaining landscape on
a lot -by -lot basis as buildings are constructed on each lot. The Developer shall
guarantee that all new trees shall survive for two full years from the time the planting
has been completed or will be replaced at the expense of the Developer.
K. Developer shall replace, at its own expense, any plantings as shown on attached Exhibit
D that might be damaged during the construction of any future buildings on Said Plat.
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Developer shall guarantee that all plantings replaced pursuant to this paragraph shall
survive for two full years from the date of planting.
L. Developer shall maintain the storm sewer system and ponds located on Said Plat.
Developer shall not modify nor obstruct said storm sewer system or ponds without the
express written consent of the City. The City shall pay the Property Owners'
Association % of the cost of maintaining said storm water pond (but
excluding property taxes) in recognition that % of the water flowing into the storm
water pond originates from the dedicated City street on Said Plat.
M. The City shall reasonably maintain the sanitary sewer lines and municipal water lines
and fire hydrants located within publicly dedicated utility easements on Said Plat,
provided, however that: 1) in the event it is necessary for the City to excavate any
portion of the easement area to maintain, repair or replace any such lines, the City shall
be obligated to restore the easement area to grade with gravel and the owner of the
property or the Property Owner's Association shall be responsible for replacing
pavement and any improvements above grade; and 2) nothing in this Agreement shall
act to limit the City's ability to finance such improvements in accordance with
applicable law. The City shall have full responsibility to restore pavement within the
dedicated City street on Said Plat in the event the City excavates any portion of the street
to maintain, repair or replace such lines located within the street right of way.
N. Developer shall create a Retail Property Owners' Association ("Association")
consisting of the owners of Lots 1-4 of Said Plat. Said Association shall maintain the
storm water pond, all storm sewer on Said Plat not designated as Municipal
Improvements under this Agreement, the grounds of Outlot C of Said Plat, all parking
lot and private drive areas, all retaining walls, and shall maintain the dedicated City
street on Said Plat until such time as the City constructs a backage road extending
east to MacKenzie Avenue, at which time the City shall then maintain said dedicated
City Street. Maintenance of the City street by the Association shall be limited to
snow plowing and street sweeping. The City shall perform all road repairs and may
finance such activities in any manner permitted by law, and shall provide ordinance
enforcement on such City street in a like manner as on other City streets.
O. The City has agreed to permit a full access from Said Plat to County State Aid
Highway No. 37 ("CSAH 37") with the conditions provided for in this paragraph.
With respect to the access to CSAH 37, Developer agrees as follows:
i. The Traffic Signal shall consist of a three-legged stoplight (red, yellow
and green) system configured similar to that shown on the attached
Exhibit E ("Traffic Signal") and constructed to Wright County Highway
Department standards in existence at the time the Traffic Signal is
constructed. The estimated cost of the Traffic Signal if it were constructed
in 2007 is $231,000.00 ("Estimated Cost").
ii. The Traffic Signal may be constructed whenever the City or the Wright
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County Highway Department, in either's respective sole discretion, deems
it necessary for the health, safety and welfare of the public. At such time,
the City, the City of Otsego, or Wright County, or any combination of the
three, may construct the Traffic Signal as a Minn. Stat. Chapter 429
improvement project and may special assess 100% of the costs of such
Traffic Signal to the numbered lots and blocks in Said Plat. If such a
special assessment is levied, the City shall assess the costs to the lots in
Said Plat according to the following percentages:
a. Lot 1, Block 1
% of the cost.
b. Lot 2, Block 1
% of the cost.
c. Lot 3, Block 1
% of the cost.
d. Lot 4, Block 1
% of the cost.
iii. In such case, Developer agrees to waive its right to appeal such special
assessment to District Court pursuant to Minn. Stat. § 429.081 to the
extent the total amount special assessed to all lots on Said Plat is not
greater than the following amount ("Adjusted Assessment"), calculated as
follows: by taking the Engineering News Record Construction Cost Index
("Index") level published for the month preceding the month in which this
Agreement is dated (the "Base Month") and multiplying it by one plus the
percentage increase in the Index that occurs between the Base Month and
the month preceding the month in which the City, Wright County or the
City of Otsego lets a contract for the installation of the Traffic Signal, and
multiplying that product by the Estimated Cost. In the event that the City
special assesses more to such lots than the Adjusted Assessment, the
Developer and/or Lot Owners may appeal to the District Court the
difference between the Adjusted Assessment and the actual special
assessment.
iv. The City acknowledges that a condition of the Developer obtaining an
access permit from Wright County with regard to CSAH 37 is that the
City, Wright County and the City of Otsego enter into a three -party
agreement with regard to the construction of the Traffic Signal discussed
herein (the "Three Party Agreement"). The City further acknowledges
that it is the lead agency for the preparation and negotiation of the Three
Party Agreement. The City agrees to copy Developer on all
correspondence related to the negotiation of the Three Party Agreement
and to provide Developer with copies of drafts of the same. The City shall
keep Developer informed as to the progress of the negotiation of the Three
Party Agreement. The City will use good faith efforts to cause the Three
Party Agreement to be executed by all of said parties on or before June 1,
2007. If such an agreement is not able to be arrived at to the satisfaction
of Albertville, the City of Otsego and Wright County, then Albertville will
work in good faith with the Developer and Wright County to obtain
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approval for the eventual installation of the traffic signal.
v. Notwithstanding anything to the contrary in this Section 1(0), the
Developer and/or Lot Owner shall only be assessed for the actual costs of
the construction of the Traffic Signal (including all City costs incurred for
construction, engineering, financing, legal and a 3.5% administrative fee).
Should the City, Wright County, or the City of Otsego decide to add an
additional fourth leg to the Traffic Signal after initial construction of the
Traffic Signal, all costs of construction related to the fourth leg of such
Traffic Signal shall be paid for by third parties other than Developer.
P. Fifty percent of each building's exterior finish (exclusive of doors and windows) shall
be brick or stone.
Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located on and off Said
Plat as detailed in the Plans and Specifications for Albertville Marketplace, as prepared
by Westwood Professional Services, Inc. dated March 1, 2007 and on file with the City
Clerk, said improvements to include installation of water main, sanitary sewer main,
pond, street, curb and gutter located within the street right of way, storm sewer _
located in the street right of way and storm sewers draining from the street to the
pond, all such improvements depicted graphically on the attached Exhibit F. All such
improvements shall be constructed according to the standards adopted by the City, along
with all items required by the City Engineer. Unless the City Engineer specifies a later
date, said improvements shall be installed by October 31, 2007.
B. 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 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.
C. Developer shall provide the City with lien waivers from all contractors and
subcontractors engaged to construct said Municipal Improvements on Said Plat.
Should Developer fail to provide the City with all applicable lien waivers, the City
reserves the right to draw upon Developer's surety 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.
D. The City shall, at its option, have the City Engineer present on Said Plat for
inspection purposes at all times (or such times as the City may deem necessary)
during the construction and installation of said Municipal Improvements. Developer
agrees to pay for all costs incurred by the City during said inspections.
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E. In lieu of requiring the Developer to install a trail along the north side of Said Plat
(but located in the CSAH 37 right of way), the City may construct said trail in the
future. The estimated cost of such trail in 2007 dollars is $ ("Estimated
Trail Cost"). In the event the City constructs such trail in the future and chooses to
special assess the costs of the trail against the property in Said Plat, Developer agrees
to waive its right to appeal such special assessment to District Court pursuant to
Minn. Stat. § 429.081 to the extent the total amount special assessed to all lots on
Said Plat is not greater than the following amount ("Adjusted Trail Assessment"),
calculated as follows: by taking the Engineers Index ("Index") level on
the date of this Agreement and multiplying it by one plus the percentage increase in
the Index from the date of this Agreement to the date that the City contracts for the
construction of said trail, and multiplying the product of this calculation by the
Estimated Trail Cost. In the event that the City special assesses more to such lots
than Adjusted Trail Assessment, the Developer may appeal to the District Court the
difference between the Adjusted Trail Assessment and the actual special assessment.
If such a special assessment is levied, the City shall assess the costs to the lots in Said
Plat according to the following percentages:
a. Lot 1, Block 1
% of the cost.
b. Lot 2, Block 1
% of the cost.
C. Lot 3, Block 1
% of the cost.
d. Lot 4, Block 1
% of the cost.
Construction of Private Improvements.
A. Developer shall construct all on- and off -site improvements ("Private
Improvements") including installation of paved private streets, private street curb
and gutter, sidewalks, storm sewer not located in the street right of way and not
conveying water from the street, boulevards, street signs, traffic signs, yard top soil,
sod and seed in all yards, grading control per lot, bituminous or concrete driveways
and parking lots, drainage swales, berming, and like items as necessary, street
cleanup during project development, and erosion control, all as required by City
ordinance. All yard areas shall be sodded with grass or landscaped in accordance
with the attached Landscaping Plan. In all cases permanent turf or grass must be
established over all areas of the lot not covered by a hard or impervious surface.
Except as set out below, Private Improvements shall be installed on each lot with the
construction of a building on each respective lot. The private street shown on the
attached Exhibit G shall be installed by October 31, 2007. Erosion control, drainage
swales and berming, shall be installed upon initial grading of Said Plat. The grading
of Said Plat shall be performed in accordance with the Grading Plan attached as
Exhibit J.
B. Developer shall, at its own expense, cause the following items to be installed within
Said Plat, all such items to be installed under ground, within the street right of way
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or within the private street easements or such other location as may be approved by
the City Engineer, accessible to all lots and in compliance with all applicable state
and local regulations:
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;
In addition, the Developer shall, at its own expense, cause street lights and street
signs to be of such type and to be installed at such locations as required by the City
Engineer and in conformance with the Manual on Uniform Traffic Control Devices,
provided, however, that this sentence shall not be interpreted to require Developer to
install the Traffic Signal referred to in paragraph 1.0. above.
C. Developer has submitted a utility plan for Said Plat showing all existing and
proposed utility lines and easements, attached hereto and incorporated herein as
Exhibit H. Developer agrees to have all utilities installed according to this Exhibit
H.
D. Developer shall install silt fencing in back of all curbing within 30 days after said
curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and
cable television) have been installed, whichever occurs sooner. Developer shall
abide by the City Engineer's requirements for silt fencing of the lots and access to
the lots during building construction.
E. Notwithstanding the requirements of subparagraph 3A above, the Developer shall
install to the City's satisfaction improvements for each lot or parcel prior to the date
that a certificate of occupancy (temporary or permanent) is issued by the City for a
building located on the lot, unless the certificate of occupancy is issued after October
1st and before March 30th in any given year, in which case a certificate of
occupancy shall be issued if all Private Improvements except landscaping and sod
have been installed. In such cases, the Developer shall cause the required
landscaping and sod to be installed by the first June 30'' following the issuance of
the occupancy permit.
4. Surety Requirements.
A. 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 contract shall be performed. Said letter of credit or surety shall be in the
amount of $ representing the sum of 100% of the estimated cost of the
Municipal Improvements ($ ), 100% of the cost of selected Private
Improvements including grading, utility installation and retaining wall installation ^
and 150% of the estimated cost for landscaping/screening materials
($ ). Said letter of credit or surety must meet the approval of the City
attorney as to form and issuing bank.
B. The City may draw on said letter of credit or surety to complete work not performed
by Developer (including but not limited to Private Improvements, Municipal
Improvements described above, erosion control, and other such measures), to pay
liens on property to be dedicated to the City, 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 Developer under
this agreement.
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, the Developer agrees that upon being billed by the
City, 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 Developer's property
for any and all costs incurred by the City in enforcing any of the terms of this
agreement should Developer's letter of credit or surety prove insufficient or should
Developer fail to maintain said letter of credit or surety in the amount required above
within 30 days of mailing of written request by the City.
E. In the event a surety referred to herein is in the form of an irrevocable letter of credit,
which by its terms may become null and void prior to the time at which all monetary
or other obligations of the Developer are paid or satisfied, it is agreed that the
Developer shall provide the City with a new letter of credit or other surety,
acceptable to the City, at least forty-five (45) days prior to the expiration of the
original letter of credit. If a new letter of credit is not received as required above, the
City may without notice to 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. Developer shall maintain said letter of credit in the
amount required by the City at all times.
5. Surety Release.
A. Periodically, as payments are made by the Developer for the completion of portions
of the Municipal Improvements, Private Improvements or Landscaping, and when it
is reasonably prudent, the Developer may request of the City that the surety be
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proportionately reduced for that portion of the Municipal Improvements, Private
Improvements or Landscaping which have been fully completed and payment made
therefor. All such decisions shall be at the reasonable 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. The 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 required improvements have been installed, the
letter of credit or surety may be reduced by the dollar amount attributable to
that portion of improvements so 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. Developer may
substitute a warranty bond acceptable to the City Attorney for the warranty
letter of credit in the same amounts and duration as required for the warranty
letter of credit.
iii. As to all requests brought under this paragraph, the City Council shall have
complete discretion whether to reduce or not to reduce said letter of credit or
surety.
C. The City shall act upon Developer's letter of credit reduction requests within 35 days of
submission of a written request for reduction. 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 Proieet - Costs and Expenses.
In the event Developer should abandon the proposed development of Said Plat, the City's costs
and expenses related to attorney's fees, professional review, drafting of this Agreement,
preparation of the feasibility report, plans and specifications, and any other expenses undertaken
in reliance upon Developer's various assertions shall be paid by said Developer within thirty
(30) days after receipt of a bill for such costs from the City. In addition, in the event the
Developer abandons the project, in whole or in part, ceases substantial field work for more than
nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from
Said Plat, or fails to leave the abandoned property in a condition which can be mowed using
conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in
taking whatever action is reasonably necessary to provide ground -cover and otherwise restore ^
Said Plat to the point where undeveloped grounds are level and covered with permanent
vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing
of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the
above -mentioned surety for the purpose of paying the costs referred to in this paragraph.
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, engineering and other professional costs incurred in the
creation, administration, enforcement or execution of this Agreement and the approval of Said
Plat, as well as all reasonable engineering expenses incurred by the City in designing,
approving, installing, and inspecting said Improvements described above. Developer agrees to
pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts,
Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount
owed against any or all of properties in Said Plat without objection.
8. Development Related Fees and Credits.
A. Sanitary Sewer Trunk Line Fees.
i. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance
currently requires the Developer to pay $1,825.00 per acre upon
development of said Plat. There are 5.8 acres in said Plat which received
final plat approval. Therefore, the Sanitary Sewer Trunk Line Fees for all
property receiving final plat approval is $10,585.00.
ii. Developer shall be entitled to a trunk line credit for the installation of the
forcemain from the lift station to the City's existing gravity sewer main
shown on the attached Exhibit I. The credit amount shall be $ ,
calculated based on a forcemain installation cost of $ Said
credit shall be offset against the Sanitary Sewer Trunk Line Fee set out in
paragraph 8Ai. above. The City shall pay Developer said $
within 30 days of submission of a bill for said forcemain installation
following final completion of said forcemain.
B. Water Trunk Line Fees. Developer agrees that the City's Water Trunk Line Fee
Ordinance currently requires the Developer to pay $1,660.00 per acre upon development
of said Plat. There are 5.8 acres in said Plat which received final plat approval.
Therefore, the Water Trunk Line Fees for all property receiving final plat approval is
$9,628.00. Developer shall pay such fees prior to the release of the final plat by the
City.
C. Administrative Fee. A fee for City administration of this project shall be paid prior
to the City executing the Plat and this Agreement. Said fee shall be 3.5% of the
estimated construction costs of the Municipal Improvements within the Plat. The
administrative fee for this Plat is $ . Seventy-five percent of this fee
e
shall be paid upon issuance of the final Plat with the remaining twenty-five percent of
the fee to be paid upon substantial completion of the Municipal Improvements.
9. Erosion and Siltation Control.
Before any grading is started on any site, all erosion control measures as shown on the approved
Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the
attached Exhibit J. Developer shall also install all erosion control measures deemed necessary
by the City Engineer should the erosion control plan prove inadequate in any respect.
10. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any county ditch or
other ditch through which water from Said Plat may drain, and shall make any necessary
improvements or go through any necessary procedures to ensure compliance with any federal,
state, county or city requirements, all at Developer's expense.
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 Said
Plat. The 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 in Said Plat.
Developer agrees to clean the streets 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 Said Plat 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 Said Plat 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
immediately undertake making or causing it to be cleaned up, repaired or maintained. When the
City undertakes such activity, the Developer shall reimburse the City for all of its expenses
within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill
within thirty (30) days, then the City may specially assess such costs against the lots within Said
Plat and/or take necessary legal action to recover such costs and the Developer agrees that the
City shall be entitled to attorney's fees incurred by the City as a result of such legal action.
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12. Temporary Easement Rights.
Developer shall provide access to Said Plat at all reasonable times to the City or its
representatives for purposes of inspection or to accomplish any necessary work pursuant to this
Agreement.
13. Miscellaneous.
A. Developer agrees that all construction items required under this Agreement are items for
which Developer is responsible for completing and all work shall be done at Developer's
expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract
is for any reason held invalid by a Court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of this Contract.
C. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in delays in
completion of public improvements and damage to public improvements caused by the
City, Developer, its contractors, subcontractors, materialmen, employees, agents, or
third parties.
D. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Contract shall not be a waiver or
release.
E. This Contract shall run with the land and shall be recorded against the title to the
property.
F. The Developer represents to the City that Said Plat and its related submissions
(including but not limited to the grading plan, utility plan, and site plan) complies with
all City, county, state and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If the City
determines that Said Plat does not comply, the City may, at its option, refuse to allow
construction or development work in the plat until the Developer so complies. Upon the
City's demand, the Developer shall cease work until there is compliance.
G. Prior to the execution of this Agreement and prior to the start of any construction on
Said Plat, Developer shall provide the City with evidence of good and marketable title to
all of Said Plat. 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.
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H. Developer shall comply with all water, ponding and wetland related restrictions, if
any, required by the Wright County Soil and Water Conservation District and/or the
City and any applicable provisions of State or Federal law or regulations.
Developer shall obtain all required driveway, utility and other permits as required by
either the City Engineer, Wright County and/or the State of Minnesota.
14. Violation of Agreement.
In the case of default by the Developer, its successors or assigns, of any of the covenants and
agreements herein contained, the City shall give Developer thirty (30) days mailed notice
thereof (via certified mail), and if such default is not cured within said thirty (30) day period,
the City is hereby granted the right and the privilege to declare any deficiencies governed by
this Agreement due and payable to the City in full. The thirty (30) day notice period shall be
deemed to run from the date of deposit in the United States Mail. Upon failure to cure by
Developer, the City may thence immediately and without notice or consent complete some
or all of the Developer's obligations under this Agreement, and bring legal action against the
Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and
attorney's fees incurred in enforcing this agreement. The City may also specially assess all
said costs incurred upon default against the properties in Said Plat pursuant to the terms of
this agreement.
Notwithstanding the 30-day notice period provided for above, in the event that a default by
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.
This paragraph of this Agreement shall not apply to any acts or rights of the City under
paragraph 4E, and no notice need be given to the Developer as a condition precedent to the
City drawing upon the expiring irrevocable letter of credit as therein authorized. The City
may elect to give notice to 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.
Breach of any of the terms of this Contract by the Developer shall be grounds for denial of
building permits.
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15. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good and marketable
title to Said Plat, and upon completion of all construction work and certification
of completion by the City Engineer, shall dedicate all street right-of-ways and
drainage and utility easements to the City. Upon acceptance of dedication,
Developer shall provide to the City "As-Builts" (both in paper form an electronic
form as required by the City Engineer) of all publicly dedicated streets, utilities,
storm sewers, storm water ponds and other Municipal Improvements required
under this Agreement. Acceptance by City of any dedication shall occur upon
passage of a resolution to such effect by the City Council, provided, however, that
the City shall not accept the storm water pond as a completed constructed unit for
purposes of satisfying Developer's pond construction obligations under this
Agreement until after the last lot in Said Plat has a completed building
constructed upon it and the City's Engineer confirms that the pond does not
contain an excessive amount of silt and other solid materials as a result of the
development activity on Said Plat.
B. Park Dedication.
The Developer is required to pay a cash contribution of $47,560 in satisfaction of
the City's park and trail dedication requirements. This charge is calculated as
follows: 5.8 acres x $8,200 per acre = $47,560.00.
C. Lift Station Property Dedication and Construction.
The Developer shall deed Outlot B to the City for use as a sanitary sewer lift
station to be constructed by the City (the "Lift Station"). The City shall make
good faith efforts to have the Lift Station constructed and operational by March
31, 2008. For purposes of this Section 15(C), "constructed and operational" shall
mean that the Lift Station shall be ready for use by the public for its intended
purpose consistent with other City lift stations and at such time as the City's
engineer has certified in writing that the Lift Station has been completed in
accordance with the plans and specifications therefore and in accordance with
applicable laws and regulations, and so as not to delay the issuance of any
requisite permits, consents, approvals or like items in connection with the
development of Albertville Marketplace, including any certificates of occupancy
for tenants or Lot Owners. The City shall keep the Developer informed as to the
progress of the construction of the Lift Station. In the event construction falls
behind schedule, the City shall notify Developer in writing as soon as practicable
under the circumstances and Developer and the City shall meet to determine the
appropriate method for getting the Lift Station construction on schedule. The
City's timely performance under this paragraph is contingent upon Developer
deeding said Outlot B to the City no later than June 1, 2007, and Developer
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allowing the City's Lift Station contractor continuous access to Outlot B and a
designated staging area for the Lift Station construction in the immediate vicinity
of Outlot B.
16. Indemnity.
Developer shall hold the City and its officers and employees harmless from claims made by
Developer and third parties for damages sustained or costs incurred resulting from Said Plat
approval and development. The Developer shall indemnify the City and its officers and
employees for all costs, damages or expenses which the City may pay or incur in
consequence of such claims, including attorney's fees. Third parties shall have no recourse
against the City under this contract.
17. Assignment of Contract.
The obligations of the Developer under this Contract can be assigned by the Developer.
However, the Developer shall not be released from its obligations under this contract
without the express written consent of the City Council through Council resolution.
18. Limited Approval.
Approval of this Agreement by the City Council in no way constitutes approval of anything
other than that which is explicitly specified in this Agreement.
19. Professional Fees.
The Developer will pay all reasonable professional fees incurred by the City as a result of
City efforts to enforce the terms of this Agreement. Said fees include attorney's fees,
engineer's fees, planner's fees, and any other professional fees incurred by the City in
attempting to enforce the terms of this Agreement. The Developer will also pay all
reasonable attorney's fees 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
party is relying on any prior agreement or statement(s), whether oral or written.
Modification of this Agreement may occur only if in writing and signed by a duly
authorized agent of both parties.
74
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 Marketplace, LLC
23. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives, heirs, successors
and assigns of the parties hereto.
CITY OF ALBERTVILLE
By
Its Mayor
By
Its Clerk
ALBERTVILLE MARKETPLACE, LLC
By
Its
75
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2007, 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
a Minnesota
2007, by Bridget Miller, as Clerk of the City of Albertville,nnesota
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
, 2007, by
as of
Albertville Marketplace, LLC.
Notary Public
DRAFTED BY:
Court, MacArthur & Ruppe Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
76
� EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies is as follows:
Lots 1, 2, 3, and 4
Outlots A and B and C
All such property in the plat of Albertville Marketplace, as said plat is on file in the Wright County
Recorder's Office, Wright County, Minnesota.
77
EXHIBIT B
Final Plat
EXHIBIT C
Site Plan
EXHIBIT D
Landscaping Plan
EXHIBIT E
Traffic Signal
EXHIBIT F
Municipal Improvements
EXHIBIT G
Phased Paving Plan
EXHIBIT H
Utility Plan
EXHIBIT I
Force Main
EXHIBIT J
Grading and Drainage Plan
78
CITY OF ALBERTVILLE
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO.: 2007-
RESOLUTION APPROVING SHOPPES OF PRAIRIE RUN 2°d ADDITION
PRELIMINARY PLAT AND FINAL PLAT LOCATED AT 5292 KYLER AVENUE NE
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, Finken Water Inc. has submitted a Preliminary and Final Plat for the
property legally described as follows; and
Lot 1 and Lot 2 Block One of Shoppes of Prairie Run
WHEREAS, the property will be subdivided into Lot 1, Lot 2 and Lot 3 Block 1 of
Shoppes of Prairie Run 2nd Addition; and
WHEREAS, City staff has reviewed the submitted Preliminary and Final plat and
planning report dated March 7, 2007 prepared by Northwest Associated Consultants; and
WHEREAS, the Albertville Planning Commission met and held a public hearing on
March 13, 2007 to consider the Preliminary and Final Plat; and
WHEREAS, upon review of the staff reports and hearing public testimony, the Planning
Commission closed the public hearing and recommended that the City Council approve the
Preliminary and Final Plat with the conditions outlined in the March 7, 2007 planning report; and
WHEREAS, the Albertville City Council has received the Preliminary and Final Plat,
staff review documents, and the Planning Commission recommendation, and agrees with the
findings and recommendation of the Planning Commission as amended by the City Council.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville,
Minnesota hereby approves the Shoppes of Prairie Run 2nd Addition Preliminary and Final Plats
subject to the attached Findings of Facts and Decisions.
Findings of Fact: Based on review of the evidence received, the City Council now makes the
following finding of fact and decision:
A. The site shall be legally described as Lot 1, Lot 2 and Lot 3 Block 1 of Shoppes of
Prairie Run 2nd Addition
B. The planning report dated March 7, 2007 from Northwest Associated Consultants is
incorporated herein.
79
C. The single lot will be subdivided into two lots with the Gem Business Park 2nd
Addition Preliminary and Final Plat.
D. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
E. Traffic generated by the proposed use is within capabilities of streets serving the
property as proposed.
F. The requirements of the Albertville Zoning Ordinance have been reviewed in
relation to the proposed use.
G. 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.
H. The proposed use will be compatible with present and future land uses of the area.
L The proposed use conforms to applicable Zoning Ordinance performance standards
and approved planned unit development standards.
J. The proposed use will not tend to or actually depreciate the area in which it is
proposed.
Decision: Based on the foregoing information and applicable ordinances, the City Council
APPROVES the Shoppes of Prairie Run 2nd Addition Preliminary and Final Plat, based on plans
dated 01/03/2007 and subject to the following conditions:
1. Ingress and egress easements shall be established across Lots 1 and Lots 2 within the
subdivision and so noted on the Preliminary and Final Plats.
2. All existing dead or unhealthy landscaping shall be replaced by the developer.
3. The grading and erosion control plan and the utility plan are subject to the review and
approval of the City Engineer.
4. Comments from other City Staff.
5. Certificate of Building Inspection per Building Code.
6. Sidewalk/trail connection from the parking lot to the trail along County Road 19.
7. Developer shall execute a developer's agreement incorporating the provisions of the
Shoppes of Prairie Run developer's agreement and all conditions imposed in this
resolution approving final plat.
Adopted by the Albertville City Council this 2"d day of April 2007.
CITY OF ALBERTVILLE
I0
Attest:
By: _
Bridget Miller, City Clerk
Appropriate
Ron Klecker, Mayor
81
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82
BO L_TON a Mr-== N K, I NC.
Consulting Engineers & Surveyors
7533 Sunwood Drive • Suite 206 • Ramsey, MN 55303
Phone (763) 433-2851 • FAX (763) 427-0833
March 26, 2007
Mr. Larry Kruse, City Administrator
City of Albertville
5975 Main Avenue NE, P.O. Box 9
Albertville, MN 55301
RE: Engineering Services for the Phillip Morris Lift Station
City of Albertville, MN
Honorable Mayor and City Council Members:
Based on your request, we are pleased to present to you a proposal for Engineering Services for
the Phillip Morris Lift Station. Our estimate is based upon the preliminary grading plan prepared
by the Developer's engineer. The proposed project scope is comprised of the following three
major components: Preliminary Engineering Report, Design and Construction/Start-up.
Preliminary Engineering Report
The project team shall prepare a report summary that will include:
• Basis of design (service area, flow, pump capacity)
• Discussion of preferred location
• Capital cost estimates
• Discussion of electrical/control/energy saving features and recommendations
• Site survey
• Geotechanical evaluation
• Preliminary process flow diagram
• Preliminary site layout for the recommended alternative
• Implementation schedule
Project Staff will meet with City Staff for a detailed review of the Engineering Report.
Discussion regarding the report will result in a clear understanding of design requirements and
concepts for final lift station design. This will enable the design staff to prepare a final design,
which addresses the short-term goals and long-term needs for the city.
Design
Based on the survey, geotechnical evaluation and report summary, Bolton & Menk, Inc. will
prepare final design plans and specifications. Preparation of contract documents includes
production of design drawings, specifications and bidding documents. Bolton & Menk, Inc. will
coordinate with city staff to perform necessary bidding services, including: preparation of
83
invitation to bid, duplication and distribution of plans and specifications to bidders, response to
bidders' questions, distribution of addenda, pre -bid meeting at site and opening and evaluation of
bids.
Construction/Start Up
The construction/start up services involve administration of the construction contract, assisting
the contractor in interpretation of the contract documents, and observing the construction for
general conformance with contract documents. Start up services and the preparation of an
operation manual will also be provided.
Basis for Fees
The estimated engineering fees for the proposed work are as follows:
Preliminary Engineering Report $ 8,375
(Including geotechnical services)
Design Plans and Specifications $ 15,372
Construction/Start-Up 8 225
$ 32,325
Tentative Project Schedule
Should Council choose to authorize the report, preparation of plans and specifications, the
following project schedule is proposed:
April 2nd C.C. Mtg. Order Plans and Specifications
May 71h C.C. Mtg. Approve Plans/Specifications & Authorization to Advertise
July 41h C.C. Mtg. Award Contract
Mid to End of June Anticipated Start of Construction
October 31 St Substantial Completion Date
We appreciate the opportunity to submit this proposal. Please do not hesitate to call me at (612)
328-0878 with any questions.
Sincerely,
BOLTON & MENK, INC.
Adam Nafstad
Assistant City Engineer
cc: Paul Saffert, P.E- Bolton & Menk, Inc.
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2006-XX
RESOLUTION ORDERING PREPARATION OF PLANS AND
SPECIFICATIONS FOR CONSTRUCTION OF PHILLIP MORRIS LIFT
STATION TO SERVE ALBERTVILLE PROPERTIES NORTH OF
INTERSTATE 94 AND SOUTH OF CSAH 37
WHEREAS, the Albertville City Council desires to extend sanitary sewer service to the Phillip
Morris property located north of Interstate 94, south of County State Aid Highway 37 and west
of the St. Albert's Cemetery; and
WHEREAS, the extension of the sanitary sewer trunk lines is necessary to provide future
service to the Albertville properties located north of Interstate 94 and south of County State Aid
Highway 37; and
--� NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Albertville,
County of Wright, State of Minnesota:
1. The City Engineer is hereby directed to prepare plans and specifications for the necessary
sanitary sewer improvements to serve the Phillip Morris property and designed to
accommodate the future expansion of sanitary sewer to Albertville properties located
north of Interstate 94 and south of County State Aid Highway 37.
Adopted by the Albertville City Council this 2d day of April, 2007.
Attest:
Bridget Miller, City Clerk
CITY OF ALBERTVILLE
In
Ron Klecker, Mayor
85
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n
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
ORDINANCE 2007-
AN ORDINANCE AMENDING THE 2005 ALBERTVILLE MUNICIPAL
CITY CODE RELATING TO SPECIFIC ANIMAL CONTROL REGULATIONS
BY AMENDING TITLE 6, CHAPTER 2, SECTIONS 1 THROUGH 21
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE DOES ORDAIN AS FOLLOWS:
The Albertville City Code shall be amended by replacing the existing Sections 6-2-1 through
Sections 6-2-20 with the following amended Sections 6-2-1 through 6-2-21:
6-2-1: DEFINITIONS:
Unless the context clearly indicates otherwise, the words, combination of words, terms, and
phrases as used in this chapter shall have the meanings set forth as follows:
ANIMAL: every non -human species of animal, both domestic and wild.
ANIMAL CONTROL AUTHORITY: a person employed by or under contract with the
City or Wright County who is responsible for animal control enforcement and investigating
noise complaints, including all on -duty Wright County deputies and the Wright County
Sheriff while operating in the City.
DOG: any animal in whole or in part of the species canis familiarus.
AT LARGE: A dog is "at large" when it is off the property of the person owning,
harboring, or keeping said dog, and it is not under restraint.
CITATION: A notice or complaint issue by the animal control authority to the owner
of any animal apprising said owner of one or more violations of this chapter.
KENNEL, COMMERCIAL: any place where: 1) more than two (2) dogs over six
months of age are owned, kept, boarded, or bred for purposes of sale; or 2) more
than two (2) dogs over six months of age and owned by persons other than the
kennel owner are kept or boarded for a fee or other remuneration.
KENNEL, PRIVATE: any place where more than two (2) dogs over six months of
age owned by the kennel owner are kept for private enjoyment and not for
breeding, sale, a fee or other remuneration.
87
KENNEL RUN: enclosed area, indoor or outdoor, whereupon animals are kept to
allow such animals to exercise.
OWNER: Any person owning, keeping, harboring, or acting as custodian of a dog or
other domesticated animal.
PERSON: one (1) or more natural persons; a partnership, including a limited
partnership; a corporation; a trust; or any other business organization or
association.
PET SHOP: A place kept or maintained for the exhibition for sale, or sale or purchase of
live dogs, cats, rabbits or other small animals, or any birds, reptiles or fish. Pet shops may
include incidental animal grooming and adoption activities, but not animal hospitals,
veterinary clinics, or places selling live bait for fishing.
PREMISES: Any building, structure, shelter, or land whereon dogs or other animals are
kept or confined.
PUBLIC NUISANCE ANIMAL OR ANIMALS: Any animal which:
A. If a dog, is repeatedly found at large.
B. Damages the property of anyone other than its owner.
C. Is a vicious animal.
D. Causes fouling of the air by odor.
E. Causes unsanitary conditions of enclosures or surroundings.
F. By virtue of number or types of animals maintained, is offensive or dangerous to
the public health, safety, or welfare.
G. Excessively makes disturbing noises.
H. Molests passersby or passing vehicles.
I. Attacks other domestic animals.
UNDER RESTRAINT: A dog is "under restraint" if it is on the premises of the person
harboring or keeping the dog; if it is within a private motor vehicle of a person owning,
harboring, or keeping the dog; or if it is controlled by a leash not exceeding six feet (6') in
length.
VETERINARY HOSPITAL: Place for the treatment, hospitalization, surgery, care, and
boarding of animals, which place is owned and operated by a licensed veterinarian.
VICIOUS ANIMAL OR ANIMALS: Any animal or animals which constitute a physical
threat to human beings or other animals by virtue of one or more attacks of such severity
as to cause property damage or physical injury, however slight. (Ord. 1989-5, 5-16-1989;
amd. 2005 Code)
ALTERED: spayed female or neutered male dog over six months of age.
UNALTERED: non -spayed female or non -neutered dog over six months of age.
6-2-2: ANIMAL CONTROL OFFICER; ANIMAL CONTROL AUTHORITY:
A. Animal Control Officer or Animal Control Authority: The city council may appoint
or designate an animal control officer or animal control authority to enforce the
provisions of this chapter and to perform such duties in connection with the
enforcement hereof as the city administrator or this code may direct. (Ord. 1989-5, 5-
16-1989)
B. Animal Control Authority:
1. The animal control officer or animal control authority may authorize, at such
times as he or she may deem necessary, persons to be designated as animal control
authority and to purchase equipment for the purpose of capturing and conveying to
an animal pound all animals in violation of this code. Such animal control authority
shall be under the supervision of the city administrator. Such animal control
authority is authorized to issue violation tags and to carry and display appropriate
badges or identification. (Ord. 1989-5, 5-16-1989; amd. 2005 Code)
2. No person shall in any manner molest, hinder, or interfere with the animal control
authority employed directly or by contract with the city to capture animals and
convey them to the animal pound while such person is engaged in such occupation.
(Ord. 1989-5, 5-16-1989)
6-2-3: DOG LICENSING PROVISIONS:
A. License Required: No person shall keep any dog within the city without securing a
license therefor from the city clerk, who shall keep a record of all licenses issued and
shall issue a metal tag for each license. Proof of vaccinations shall be submitted in
order to obtain a license. (Ord. 1989-5, 5-16-1989)
1. The licensee shall at all time remain compliant with all applicable local, state
and or federal laws, rules and or regulations. Any violation of any applicable
local, state and or federal laws, rules and or regulations, may result in the
immediate revocation of the license.
B. Fees and Application Requirements: It shall be required of each person owning,
keeping, or harboring a dog to pay a license fee to the city administrator or finance
director as imposed by this section. The license fee for any dog shall be computed at
the rate duly set by resolution of the council. Each application for such license shall
include a statement, signed by the person applying for the license, which certifies that
the dog has been inoculated for rabies not more than twenty four (24) months
preceding the date of application. Upon receipt of the license fee and the signed
application, the city administrator or finance director shall execute the receipt in
duplicate, the original of which shall be given to the person who pays the fee. The
duplicate shall be retained in the records of the city administrator. This receipt shall
describe the dog as to color, breed, age, sex, and weight. Any owner shall produce for
inspection the license receipt upon the request of the animal control authority.
C. Dog Tags: The city administrator shall procure a sufficient number of metallic tags for
delivery of one such tag to the person paying the license fee. It shall be the
responsibility of the owner of the dog for which said tag was obtained to permanently
attach the tag to the collar of the dog in such manner that the tag may be readily seen.
The tag is not transferable to any other dog or to a new owner of the dog. If a tag is
lost or stolen, the owner may obtain a new tag by surrendering the license receipt for
the first tag and by paying an additional fee as duly set by resolution of the city
council. (Ord. 1989-5, 5-16-1989; amd. 2005 Code)
D. Unauthorized Use of Dog License Receipts, Tags And Certificates: It shall be
unlawful for any person to use for any dog a license receipt, license tag, or a rabies
inoculation certificate issued to another person or dog. (Ord. 1989-5, 5-16-1989)
E. Commercial Kennel License: may be issued by the Animal Control Authority.
F. Private Kennel License: may be issued by the Animal Control Authority.
6-2-4: DOGS AT LARGE PROHIBITED:
No dog shall be allowed by its owner to run at large, and every owner of a dog shall
cause the same to be:
A. Confined to the owner's property by training, fencing, or leashing, and females in heat
shall be confined in an enclosure and so kept and confined therein during such entire
period and until such dogs shall not attract other dogs on account thereof.
a
B. While in any public place, such as a school, playground, or a park, to be on a leash,
chain, or cord of not more than six feet (6) in length and in the custody of a person of
sufficient age to adequately control the dog at all times.
C. While in all other areas, such as on a public street or in an automobile, to be in the
custody of a person of sufficient age to adequately control the dog at all times, and to
have and keep said dog under control. (Ord. 1989-5, 5-16-1989)
6-2-5: ABANDONMENT OF ANIMALS PROHIBITED:
It shall be unlawful to abandon any dog or other animal within the city. (Ord. 1989-5, 5-
16-1989)
6-2-6: RABIES CONTROL:
A. Vaccination Of Dogs And Cats Required: No person shall keep, harbor, or maintain
care, custody, or control over any dog or cat over four (4) months of age unless said
dog or cat has been vaccinated in accordance with the terms of this section. After
three (3) months of age and before four (4) months of age, the dog or cat shall be first
vaccinated with an approved rabies vaccine. Within twelve (12) months after its
original vaccination, the dog or cat shall receive a booster vaccination with an
approved rabies vaccine. Thereafter, the dog or cat shall receive booster vaccinations
every twelve (12) to thirty six (36) months, depending on the prescribed frequency of
booster vaccinations in the manufacturer's specifications for the vaccine previously
used. All rabies vaccinations shall be performed by or under the direct supervision of
a licensed veterinarian, and the dog or cat owner shall obtain a certificate of
vaccination.
B. Impoundment And Confinement Of Rabies Suspects:
1. Any dog or cat not vaccinated in accordance with subsection A of this section
which has bitten any person and caused an abrasion or puncture of the skin of such
person shall be seized and impounded under the supervision of a licensed veterinarian
or at the city contract kennel facility for a period of not less than ten (10) days. If,
after a complete examination by a veterinarian, the dog or cat has no clinical sign of
rabies, it may be released to the owner upon the condition that the owner has the
animal vaccinated as required by subsection A of this section and licensed as required
by subsection 6-2-3A of this chapter. In the case of a stray, the animal shall be
disposed of in accordance with the applicable laws. It shall be unlawful for any owner
or person having custody or control of any dog or cat not vaccinated in accordance
with subsection A of this section and which has bitten any person to refuse to release
such dog or cat and make it immediately available to the animal control authority
for the purpose of quarantine.
91
2. Any dog or cat vaccinated in accordance with subsection A of this section which
has bitten any person shall be confined by the owner or other responsible person in
such manner as the animal control authority may direct and for a period of not less
than ten (10) days. The animal control authority or authorized representative shall
conduct a midterm and terminal examination of the animal. If no signs of rabies are
observed by the animal control authority, the dog or cat may be released from
confinement. It shall be unlawful for any owner or person in custody or control of any
vaccinated dog or cat which has bitten any person to refuse or fail to quarantine such
dog or cat as required by this subsection B2. The animal control authority, or his
agent, shall seize any dog or cat not quarantined in accordance with this subsection
B2. (Ord. 1989-5, 5-16-1989; amd. 2005 Code)
3. Any other animal which has bitten any person and caused an abrasion or puncture
of the skin of such person shall be seized and impounded under the supervision of a
licensed veterinarian or at the city contract kennel facility for a period of not less than
ten (10) days. If, after a complete examination by a veterinarian, the animal has no
clinical signs of rabies, the animal may, with the approval of the animal control
authority, be released to the owner. In the case of an unclaimed animal, it shall be
disposed of in accordance with applicable laws. It shall be unlawful for any owner or
person in custody or control of any animal which has bitten any person to refuse to
release such animal and make it immediately available to the animal control
authority for the purpose of quarantine.
4. Any rabies suspect impounded or confined under this subsection which is found to
be sick or diseased shall be reported immediately in writing to the animal control
authority by the attending veterinarian or operator of the quarantine facility. The
animal control authority shall then take possession of such animal for the purpose of
determining if it is suffering from rabies. (Ord. 1989-5, 5-16-1989)
6-2-7: DISEASED OR DANGEROUS ANIMALS:
A. Any dog or other animal displaying symptoms of being rabid may be seized at any
place or time and shall be confined in the city dog pound, or other appropriate place
designated for such purpose by the council from time to time, at the expense of the
owner, until found to be free from rabies.
B. If any dog or other animal appears to be diseased, vicious, dangerous, rabid, or has
been exposed to rabies, and such dog or other animal cannot be taken up and
impounded without serious risk, such dog or other animal may be killed if reasonably
necessary for the safety of any person or persons. (Ord. 1989-5, 5-16-1989)
C. When any dog or other animal has bitten any person, wherein the skin has been
punctured or the services of a doctor are required, a report of the incident shall be
92
made to the animal control authority by the owner or custodian of the biting dog or
animal or the person bitten or his parent or guardian within twenty four (24) hours of
the bite. (Ord. 1989-5, 5-16-1989; amd. 2005 Code)
6-2-8: DANGEROUS DOGS:
A. Definitions:
DANGEROUS DOG: A canine animal which has:
1. Without provocation, inflicted substantial bodily harm on a human being on
public or private property;
2. Killed a domestic animal without provocation while off the owner's property; or
3. Been found to be potentially dangerous, and after the owner has notice that the
dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the
safety of humans or domestic animals.
POTENTIALLY DANGEROUS DOG: Any canine animal that:
-- 1. When unprovoked, inflicts bites on a human or domestic animal on public or
private property;
2. When unprovoked, chases or approaches a person, including a person on a
bicycle, upon the streets, sidewalks, or any public or private property, other than the
dog owner's property, in an apparent attitude of attack; or
3. Has a known propensity, tendency, or disposition to attack unprovoked, causing
injury or otherwise threatening the safety of humans or domestic animals. (Ord.
1989-5, 5-16-1989; amd. 2005 Code)
B. Authority To Destroy: The animal control authority shall have the authority to order
the destruction of dangerous dogs.
C. Procedure: The animal control authority or his designee, after having been advised
of the existence of a dangerous dog, may proceed in the following manner:
1. Notice To Owner; Hearing:
a. The animal control authority shall cause the apparent owner to be notified in
writing or in person that his dog appears to be dangerous. The apparent owner shall
be notified as to dates, times, places, and parties bitten, and shall be given ten (10)
93
days to request a hearing before the animal control authority for determination as
to the dangerous nature of the dog.
b. If the apparent owner does not request a hearing within ten (10) days of said
notice, the animal control authority shall make such order as he deems proper.
The animal control authority may order the dog into custody for destruction. If
the dog is ordered into custody for destruction, the owner shall immediately make
the dog available to the animal control authority.
c. If the owner requests a hearing for determination as to the dangerous nature of
the dog, the hearing shall be held before the courts, which shall set a date for
hearing not more than three (3) weeks after demand for said hearing. The records of
the animal control authority shall be admissible for consideration by the courts
without further foundation. After considering all the evidence pertaining to the
temperament of the dog, the court shall make a determination as to whether or not
the dog is dangerous. If the dog is found to be dangerous, the court shall make such
order as it deems proper. The court may order the animal control officer to take the
dog into custody for destruction. If the dog is ordered into custody for destruction,
the owner shall immediately make the dog available to the animal control officer.
2. Impoundment; Quarantine; Destruction: If a dangerous dog is running at large, the
animal control authority shall apprehend the dog; and if, upon apprehension, the
dog bears no identification which reasonably reveals its ownership, the animal
control authority shall impound the dog until the quarantine period is completed. If
the dog has not been claimed, it shall be immediately destroyed.
3. Harboring Dangerous Dog Prohibited: No person shall harbor a dog after it has
been found by the animal control authority to be dangerous and ordered into
custody for destruction. (Ord. 1989-5, 5-16-1989)
6-2-9: CONFINEMENT OF ANIMALS THAT BITE:
Every fierce, dangerous, or vicious animal, including dogs, that has a history of biting a
human or any domestic animal shall be confined by the owner within a building or
secure, covered enclosure. Such animal shall not be taken out of such building or secure,
covered enclosure unless muzzled and on a leash. (Ord. 1989-5, 5-16-1989)
6-2-10: WILD OR VICIOUS ANIMALS PROHIBITED:
No person shall keep or allow to be kept any place in the city an animal of a ferocious or
vicious character, habit, or disposition, or any animal which is wild by nature. (Ord.
1989-5, 5-16-1989)
6-2-11: NUISANCE, VICIOUS ANIMALS:
No person shall keep, own, harbor, or otherwise possess within the city an animal which
is a public nuisance animal or vicious animal. (Ord. 1989-5, 5-16-1989)
6-2-12: DOGS DISTURBING THE PEACE:
It shall be unlawful for any person to own, keep, have in possession, or harbor any canine
which howls, yelps, or barks to the reasonable annoyance of another person or persons.
Any person violating this section who, upon first request by an animal control authority
or any duly authorized assistant to stop or prevent the annoyance, refuses to comply with
the request, will be issued a citation; and if the officer deems it necessary to stop the
annoyance, he may have the canine taken to the city animal pound. Any canine placed in
the pound may be reclaimed by the owner upon payment of the fee prescribed. If not
reclaimed, it may be disposed of in the proper manner. (Ord. 1989-5, 5-16-1989)
6-2-13: IMPOUNDMENT OF DOGS:
A. The animal control authority shall seize and impound any dogs running at large or
any dogs found in the city without the tag provided by this chapter. To enforce this
chapter, the animal control authority may enter upon any private premises in pursuit
of a dog running at large. It shall be unlawful for any person or persons to interfere
with the animal control authority engaged in taking a dog hereunder for impounding
or to refuse to surrender a dog to the animal control authority for confinement as
required.
B. The animal control authority may seize or impound any dog found astray on public
property or claimed to be astray by the owner of the premises upon which such
animal may be found; provided, that the owner of the premises demands such seizure
or impoundment and agrees in writing to indemnify and hold harmless the city from
any claim for damages by the owner of said dog. Disposition of such impounded stray
shall thereafter be pursuant to the provisions of this chapter. (Ord. 1989-5, 5-16-1989)
6-2-14: REDEMPTION OF IMPOUNDED ANIMALS:
A. Fees: The owner or harborer of dogs impounded shall be liable for the impoundment
fees, plus the charges or fees for transporting the animal to the animal impound
facility, and for boarding and keeping the dog while impounded. The impoundment
fees and the charges for transporting, boarding and keeping a dog shall be established
by resolution of the city council. All fees and charges shall be paid prior to the release
of the dog. (Ord. 1989-5, 5-16-1989; amd. 2005 Code)
95
B. Release Form: The city administrator shall deliver a release form to the owner or
harborer of a dog after payment to the city of all fees and charges provided for herein,
other than the boarding and keeping fees collected directly by the animal impound
facility, which release form shall be displayed to the animal impound facility utilized
by the city.
C. Disposition Of Unredeemed Animals: If, at the end of six (6) days after said
impounding, the dog or other animal has not been redeemed, it may be sold at private
sale, or the keeper of the pound may dispose of the dog or other animal in a humane
manner or pursuant to the terms of Minnesota statutes section 35.71. (Ord. 1989-5, 5-
16-1989)
6-2-15: EXCREMENT REMOVAL:
A. Owner's Property: The owner of any dog or any person having the custody or control
of any dog shall be responsible for cleaning up any feces of the animal and disposing
of such feces in a sanitary manner. (Ord. 1989-5, 5-16-1989; amd. 2005 Code)
B. Property Of Another; Public Property:
1. It is unlawful for any person owning, keeping, or harboring a dog to cause or
permit said dog to be on property, public or private, not owned or possessed by such
person, without having in his/her immediate possession a device for the removal of
feces and depository for the transmission of excrement to a proper receptacle located
on the property owned or possessed by such person.
2. It is unlawful for any person in control of, causing, or permitting any dog to be on
any property, public or private, not owned or possessed by such person, to fail to
remove feces left by such dog to a proper receptacle located on property owned or
possessed by such person.
C. Exemptions: The provisions of this section shall not apply to the ownership or use of
seeing eye dogs by blind persons, dogs when used in police activities by the city, or
tracking dogs when used by or with the permission of the city.
D. Citation Issuance: Any animal control warden, or any duly authorized officer or agent
authorized by the city administrator, may issue citations. (Ord. 1989-5, 5-16-1989)
6-2-16: COMMERCIAL KENNELS
A. License Required: No person shall operate a commercial dog kennel in the city
without first obtaining a license and being compliant with the zoning ordinance.
M
B. Application For License Fee: Application for such license shall be made to the animal
control authority and shall be accompanied by the fee established by resolution of
the city council.
C. Annual License; Expiration; Fee: Commercial kennel license shall be issued on an
annual basis expiring on December 31 following the first effective day of the kennel
license. The commercial kennel license fee shall be the amount per year or fraction
thereof as set by resolution of the city council. (Ord. 1989-5, 5-16-1989; amd. 2005
Code)
D. Number Of Dogs: No person shall own, harbor, or keep upon his premises more than
two (2) dogs over the age of six (6) months unless in a commercial kennel duly
licensed under this section or a private kennel duly licensed under section 6-2-17 and
provided such commercial kennel is operated as part of a veterinary clinic operation at
the same location. The maximum number of dogs permitted in a commercial kennel
shall be 30.
E. Commercial Kennel License: A license for a commercial kennel may be issued by the
animal control authority for the keeping of dogs. Such license shall specify any
restrictions, limitations, conditions or prohibitions which the animal control
authority deems reasonably necessary to protect any person or neighboring use from
unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the
public health or safety, including the health and safety of the animals to be housed in
the kennel. Such a license may be modified from time to time or revoked by the
animal control authority or the City Council for failure to conform to such
restrictions, limitations, conditions, or prohibitions. Such modification or revocation
shall be effective after ten (10) days following the mailing of written notice thereof by
certified mail to the person or persons keeping or maintaining such dogs.
F. Sanitary Premises: Commercial kennels shall be kept in a clean and healthful
condition at all times and shall be open for inspection by duly authorized city
authorities at any reasonable time. A commercial kennel license may be revoked by
the animal control authority or the city council by reason of the violation of this
chapter or any health or nuisance order, laws, or regulations. (Ord. 1989-5, 5-16-
1989)
6-2-17: PRIVATE KENNELS
A. License Required: No person shall operate a private dog kennel in the city
without first obtaining a license and being compliant with the zoning ordinance.
97
B. Application For License Fee: Application for such license shall be made to the
city administrator or city clerk and shall be accompanied by the license fee
established by resolution of the city council.
C. Annual Licenses; Expiration; Fee: Private kennel licenses shall be issued on an
annual basis, expiring on December 31 following the first effective day of the
kennel license. The private kennel license fee shall be the amount per year or
fraction thereof as set by resolution of the city council. Such license shall specify
any restrictions, limitations, conditions or prohibitions which the animal control
authority deems reasonably necessary to protect any person or neighboring use
from unsanitary conditions, unreasonable noise or odors, or annoyance, or to
protect the public health or safety. Such a license may be modified from time to
time or revoked by the animal control authority or the city council for failure to
conform to such restrictions, limitations, conditions, or prohibitions. Such
modification or revocation shall be effective after ten (10) days following the
mailing of written notice thereof by certified mail to the person or persons
keeping or maintaining such dogs.
D. Maximum Number Of Dogs Without a Kennel License: No person shall own,
harbor, or keep upon his premises more than two (2) dogs over the age of six (6)
months unless in a private dog kennel duly licensed under this section or unless
in a commercial dog kennel duly licensed under the City code.
E. Maximum Number of Dogs: The maximum number of dogs that may be
contained in any duly licensed private dog kennel is 6, provided the following
conditions are met:
1. When the dogs remain outside and not on a leash, they shall remain confined
in a fenced area where the fence acts as a physical barrier (not an electronic
fence) that reasonably restrains the dogs to a confined area.
2. All such dogs must be formally trained through obedience school or other
such training program.
3. All such dogs must have a micro -chip identification device inserted in their
skin.
4. All such dogs shall be trained for one or more of the following specialized
uses: sled dog team, assistance, guide, hearing or service for a handicapped
person, and police canine unit, including sniffer, tracking and rescue uses.
5. The applicant must demonstrate a need for the requested number of dogs.
F. Consent of Neighboring Property Owners: The animal control authority may
grant any license pursuant to this section after the applicant has sought and
received the written consent of at least eighty percent (80%) of the occupants of
the several descriptions of the real estate situated within one hundred feet (100')
.•
of the applicant's real estate. Such written consent shall be required on the first
and initial application and as often thereafter as the city administrator or city
clerk deems necessary.
G. Sanitary Premises: Private kennels shall be kept in a clean and healthful
condition at all times and shall be open for inspection by duly authorized city
authorities at any reasonable time. A private kennel license may be revoked by
the animal control authority or the city council by reason of the violation of this
chapter or any health or nuisance order, laws, or regulations.
6-2-18: MAINTENANCE, LOCATION, AND CONDITION OF ANIMAL
QUARTERS AND COMMERCIAL AND PRIVATE KENNELS:
A. Animal housing facilities and commercial and private kennel facilities shall be
structurally sound and maintained in good repair. Indoor housing facilities should be
adequately ventilated and have ample light and heat, either natural or artificial. (Ord.
1989-5, 5-16-1989)
B. Dogs kept outside shall be provided with access to shelter to protect them from the
sun, rain, and snow in accordance with Minnesota statutes section 343.40,
subdivisions 1, 2, 3. (Ord. 1989-5, 5-16-1989; amd. 2005 Code)
C. If dogs are confined by chains, such chains shall be so attached that they cannot
become entangled with the chains of other dogs or any other objects. Chains shall be
of a size commonly used for the size of dogs involved and shall be attached to the dog
by means of a well fitted collar. Such chains shall be at least three (3) times the length
of the dog as measured from the tip of its nose to the base of its tail.
D. Enclosure shall be of sufficient size to allow each dog to turn around fully and stand,
sit, and lie in a comfortable normal position. The floors of the enclosure shall be
constructed so as to prevent injury to the dog's legs and feet.
E. The temperature for indoor housing facilities shall not be allowed to fall below fifty
degrees Fahrenheit (50°F) for dogs not accustomed to lower temperatures.
F. Disposal facilities shall be provided to minimize vermin, infestation, odors, and
disease hazards.
G. Adequate storage and refrigeration shall be provided to protect food supplies against
contamination and deterioration. (Ord. 1989-5, 5-16-1989)
H. Commercial and private kennels must comply with building setbacks within the
applicable zoning district.
I. Commercial and private kennels may require a building permit if over 120 sq. ft.
in size.
6-2-19: ENFORCEMENT:
A. Enforcement Officers: The provisions of this chapter shall be enforced by the animal
control authority and those officers designated in this chapter. The animal control
authority may issue citations for violations of this chapter.
B. Right Of Entry: The animal control authority shall have the right to enter upon any
premises at all reasonable times for the purpose of discharging the duties imposed by
this chapter where there is a reasonable belief that a violation of this chapter has been
committed. (Ord. 1989-5, 5-16-1989)
6-2-20: RECORDS KEPT:
It shall be the duty of the animal control authority to keep the following records,
subject to inspection by the council, city administrator, or their designated agents:
A. Accurate and detailed records of the licensing, impoundment, and disposition of all
animals coming into custody.
B. Accurate and detailed records of all reported bite cases and investigations for a period
of three (3) years.
C. Accurate records of all citations issued for violations of this chapter. (Ord. 1989-5, 5-
16-1989)
6-2-21: MISDEMEANOR VIOLATION; PENALTIES:
Any person violating any provision of this chapter shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished as provided in section 1-4-1 of this code. (Ord.
1989-5, 5-16-1989; amd. 2005 Code)
ADOPTED BY THE CITY COUNCIL ON APRIL 2, 2007
Ron Klecker, Mayor
ATTEST:
Bridget Miller, Clerk
100
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
ORDINANCE 2007-
AN ORDINANCE AMENDING THE ALBERTVILLE CITY
CODE RELATING TO SPECIFIC NOISES PROHIBITED BY AMENDING
TITLE 5, CHAPTER 5, SECTION 2M AND 2N
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE DOES ORDAIN AS FOLLOWS:
The Albertville City Code shall be amended by replacing the existing Sections 5-5-2M and 5-5-
2N with the following amended Sections 5-5-2M and 5-5-2N:
5-5-2 M. Construction Or Repair Of Buildings: The erection (including excavating),
demolition, alteration, or repair of any building between the hours of nine
o'clock (9:00) P.M. and seven o'clock (7:00) A.M. Monday through
Saturday and all day Sunday except where single individuals or families
work on single-family residences owned by them, for their own occupancy;
provided, that the building official may, in cases of emergency, grant
permission to repair at any time when he finds that such repair work will
not affect the health and safety of the persons in the vicinity.
5-5-2 N. Equipment Use And Power Hammers: The operation between the hours of
nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. Monday through
Saturday and all day Sunday of any pile driver, power shovel, pneumatic
hammer, jack hammer, derrick, power or electric hoist, or other
construction equipment, or other appliance, the use of which is attended by
loud or unusual noise, except where single individuals or families are using
such equipment to work on single-family residences owned by them, for
their own occupancy. This paragraph shall not apply to the use of lawn
care equipment and snow removal equipment. The city administrator may
cause exception to this subsection for good cause.
ADOPTED BY THE CITY COUNCIL ON APRIL 2, 2007
Ron Klecker, Mayor
ATTEST:
Bridget Miller, Clerk
101
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102
1b�rty� j j �
Small To:uin Uving. Big City Ufa.
PERSONNEL COMMITTEE MEETING
AGENDA/MINUTES
MARCH 30, 2007
• Waste Water Operator: Staff Recommendation to hire Gerald Gerads as per memo.
Consensus to make recommendation to Council to hire Gerald Gerads and have him
present at the meeting for council questions.
• Public Works Request to Work four days a week, 10 hour days Monday through
Thursday, Memorial Day to Labor Day.
Consensus to keep current working our
• Seasonal Workers Wages:
Consensus to grant the regular cost of living increase for seasonal employees.
• Personnel Policy (Distributed update policy & wage schedule)
• Other Business
City Administrator Kruse suggested the Council complete his performance
evaluation as required by his employment contract stating his desire for feedback
from the Council. Mayor Klecker and Berning agreed and suggested a workshop
where Kruse could receive his review and provide a summary of the other
employees' performance evaluations. It was the consensus to schedule a workshop in
May for this purpose.
103
This page left blank on purpose.
104
A�Ibertvillcif
TO: Mayor and City Council
FROM: John Middendorf, Tim Guimont
Larry Kruse
DATE: March 29, 2007
RE: Wastewater Treatment Operator Position
REQUEST FOR COUNCIL ACTION
BACKGROUND
The City received 24 applications for the Wastewater Treatment Operator position. Staff scored
the applicants and their surveys selecting four candidates to interview. Our first choice is Mr.
Gerald Gerads currently works as a mechanic for Morries Buffalo Ford. Mr. Gerads graduated
from Winona, Hutchinson and Dakota Technical College in mechanics, electronic and material
testing and has excellent work experience. Although Gerads lacks his Waste Water Class D
License, he does possess his Class B Commercial Driver's License and has complimentary
education and skills which should enable him to get his Class D license within 14 months.
Gerald's references were excellent and his background check was positive.
ADMINISTRATOR'S COMMENTS:
John Middendorf, Tim Guimont and I are unanimous in recommending Mr. Gerads and agree he
will be an excellent addition to our staff. All three of his references stated they never met a finer
person. Gerald is a hard working, sensible, self starter, who is honest and has integrity; farm
background comfortable around equipment; excellent mechanical skills including welding; smart
and has a sense of humor; positive and fun to be around; likeable. All three closed their reference
check by saying they would hire him if they had the opportunity.
RECOMMENDATION:
The Personnel Committee made up of Mayor Klecker and Council member Berning move to
accept the staff recommendation to offer the Wastewater Treatment Operator Assistant position
to Mr. Gerald Gerads at the starting step of $17.34 per hour and going to step one ($17.77) after
six months. Then upon getting his Class D waste water license he would move to step 2 ($18.22)
on the schedule. Further Gerald would receive all of the other benefits enumerated in the
personnel policy and be subject to a six month probationary period.
105
lbertvi) le 5975 Main Avenue N.E. • P.O. Box 9 • Albertville, MN 55301 • (763) 497-3384 • Fax: (763) 497-3210
S.mN Town UvbM,. ea Uly Lft.
ALBERTVILLE FLOOD MITIGATION OFFER
The Albertville City Council appreciates St. Michael's counteroffer dated March 28, 2007. After
discussing this counteroffer at the April 2id Albertville City Council meeting, the Albertville City
Council proposes the following counteroffer for St. Michael's consideration:
1. Albertville will pay St. Michael an initial $128,000 non-refundable cash payment upon
approval of Albertville's pond submission as set out in paragraph #3. below.
2. Albertville will pay St. Michael a $7,500 annual payment beginning January 1, 2008 for
a period of 30 years. This annual payment would be placed by the City of St. Michael in
an interest bearing account. -If Main Street is constructed from 500' Street to the platted
Edgewood Drive at the St. Michael border prior to the 3Oth and final annual. payment, St.
Michael will agree to return all annual payments with interest to the City of Albertville.
If the Main Street connection has not been constructed before the 30rh annual payment,
then the City of St. Michael would not be obligated to return the annual payments.
3. St. Michael will approve all City regulatory requirements necessary for the construction
and operation of Albertville's proposed pond on the school property consistent with the
alternate grading plan submitted by the school, with such approvals coming by April 26,
2007.
Albertville's City Council remains concerned that even with the favorable bids received, the
costs of the ponding project stand at approximately $950,000 including the costs of St. Michael's
March 28rh counteroffer. A large portion of these costs are going to be borne by the residents of
the Albert Villas subdivision where past flooding has occurred. It is critical to these residents
that the costs of this project be reduced to a manageable level. The Albertville City Council
believes that a $7,500 annual payment over the 30 year period, would help to make this project
more affordable for the Albert Villas residents, and is thus asking the St. Michael City Council to
consider this counteroffer.
Albertville has scheduled a special City Council meeting on April 11 1' to decide this issue ahead
of a scheduled Apri.123rd public hearing on the ponding project. We would appreciate your
response by April 11 `h, if possible.. Assuming that this proposal is acceptable to St. Michael,
Albertvilleagrees that the City Attomeys.and staffs from each City should work together to
prepare a document for the formal approval of each City Council Thank you.
1
Dated: April 5, 2007
Ron Kleck Mayor
LeR
John V�etsch
Tom Fay
Dan Wagner
Michael
Avenue NE - St. Michael, MN 55376 - (763) 497-2041 Fax (763) 497-5306
March 28, 2007
Honorable Mayor and Couticilmembers
City of Albertville
P.O. Box 9
Albertville, MN 55301
Rl;; Albertville Flood Mitigation Project
Dear Honorable Mayor and Councilmembers,
The St. Michael City Council discussed Albertville's Mitigation Offer dated March 26,
2007 at its meeting last night. The Council appreciated the attendance of Mayor Klecker
and Engineer Adam Nafstad at this meeting. Staff was authorized to forward the
following counter-offer to Albertville for its consideration;
$128,000initial non-refundable cash payment, and
2. $10000 annual payment to be paid beginning January 1, 2008 for a period of 30
years. This.annual payment would be placed by the City of St. Michael in an
interest -bearing account. If Main Street is constructed from 50`h Street to the
platted Edgewood Drive at the St. Michael border prior to the 30`h and final
annual payment, St. Michael will agree to return all annual payments with interest
to the City of Albertville. If the Main Street connection has not been, constructed
before the 3& annual payment, then the City of St. Michael would not be
obligated to return the annual payments.
In return, St. Michael will work diligently to approve all zoning and other City regulatory
requirements necessary for the. construction and operation of Albertville's proposed pond.
Upon mutual consensus of these general parameters, a document could be prepared by
the City Attorneys and staffs before formal approval by each Council`,
Option #3 - Storm Water Fund, Storm Water Utility Fee Increase and Special
Assessment to Albert Villas
This option uses three funding sources to raise revenue to finance the project. The total
number of existing lots in Albert Villas is 346, of which a special assessment of
$315,000 was applied. The remainder, $315,000, was applied to the storm water utility
fee on a citywide basis. The storm water utility is considered to have an equivalent of
2,692 Single Family Units (SFU). It should be noted that variations to this option are
numerous.
Total Project Cost =
Less Storm Sewer Fund =
Balance =
Assessment to Albert Villas =
Raise Storm Water Utility Fee =
/9yq/1700
($260,000)
4 39;690 7ao
$315,000 "�34� S50
$315,000-f/ 3`44i 850
Y 3y�; 85U
Albert Villas Assessment of $3}5;088 (346 Single
Family Lots in Albert Villas)
20 Year
15 Year
10 Year
Annual Payment =
369
{� 3 5ot.1t
'fig, 834, 07
Annual Cost/ Albert Villas.
$123.69
Home =
,0Ica.
fY,Bso
Utility Fee Increase of (2,692 Single Family
Lots in Albertville)
Storm Water
20 Year
15 Year
10 Year
mn2 d1
Annual Payment =
3-$9
�'3S
4
� 1
Cost/SFU =
Annual Cos
It. /7
/3
Equiv. SFU Bi-Monthly
Billing Fee Increase =
�
�',
� �$-
. a 0
86
DRAFT 5, April 2, 2007—For Council Approval
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT/
CONDITIONAL USE AGREEMENT
ALBERTVILLE MARKETPLACE
THIS AGREEMENT, entered into this day of , 2007 by and
between Albertville Marketplace, LLC, a Minnesota Limited Liability Company,
referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of
Wright, State of Minnesota, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner of the real property described in the
attached Exhibit A, which real property is proposed to be subdivided and platted for
development, and which subdivision, which is the subject of this Agreement, is
intended to bear the name "Albertville Marketplace" and shall hereinafter be referred
to in its entirety as "Said Plat" or "Subject Property," the final plat of which is
attached as Exhibit B; and
WHEREAS, Developer has received final plat approval for 4 lots within Said
Plat; and
WHEREAS, The City acknowledges that the Developer intends to convey
Lots 1-4 of Albertville Marketplace to others (the "Lot Owners"); 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 Said Plat and the conditions imposed thereon;
and
WHEREAS, approval of a Planned Unit Development is required to permit
development of Said Plat in the manner proposed by the Developer; and
1
WHEREAS, the City has given final approval of Said Plat contingent upon
compliance with certain City requirements including, but not limited to, matters set
forth herein; and
WHEREAS, the City requires that certain public improvements including,
but not limited to bituminous street, curb and gutter, grading, sanitary sewer,
municipal water, and storm sewer be installed to serve Said Plat and other properties
affected by the development of Developer's land, to be installed and financed by
Developer; and
WHEREAS, the City further requires that certain other improvements be
installed by the Developer within Said Plat, which improvements consist of paved
private streets, boulevards, top soil and sod, grading control per lot, bituminous or
concrete driveways, parking lots, drainage swales, berming, street signs, street lights,
street cleanup during project development, erosion control, and other site -related
items; and
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each parry's promises and considerations herein set
forth, as follows:
1. Planned Unit Development and Conditional Use. Said Plat is hereby allowed
to be developed as a Planned Unit Development with flexibility from the strict
requirements of the City's Zoning Ordinance in relation to selected items detailed
in this paragraph.
A. Developer agrees that all buildings shall be constructed in the locations
shown on the attached Exhibit C unless otherwise approved by motion of
the City Council. The Developer and Lot Owners shall comply with all
site plan approvals set by the City Council except where specifically set
out in this agreement.
B. At the time of the recording of this Agreement at the Wright County
Recorder's Office, Developer shall record a permanent access and cross -
parking easement between Lots 1- 4 on Said Plat. Such permanent access
and cross -parking easement must meet the approval of the City Attorney
as to form and content.
C. Developer shall construct the number of parking stalls in the locations and
dimensions as shown on the attached Exhibit C.
2
D. Developer shall maintain the infiltration plantings shown on Exhibit D in
good working order at all times.
E. Use of lots on Said Plat.
i. The uses on all lots of Said Plat shall be limited to uses that are
permitted under the City's B-3 zoning ordinance as amended
from time to time, except as otherwise restricted in this
Agreement. No other type of use on said lot shall be allowed
under this Agreement without a modification to this
Agreement.
ii. The uses on Lot 4, Block 1 of Said Plat shall be limited to a
restaurant using at least 4,000 square feet of enclosed building
space, and other uses in the remainder of the building as are
allowed under the City's B-3 zoning ordinance, unless this
provision is specifically altered by amendment of this
Agreement between the City and the Developer or Lot Owner
of Lot 4, Block 1 in the future.
If a motor fuel station (with or without a convenience store and
car wash) is located on Said Plat, it may only be located on Lot
2, Block 1 of Said Plat, unless otherwise approved by motion of
the City Council.
F. For five (5) years from the date of this Agreement, no amendments to
the City's comprehensive plan or official controls shall apply to or
affect the use, development density, lot size, lot layout, or dedications of
the approved plat unless required by State or Federal law or agreed to in
writing by the City and the Developer. Thereafter, to the full extent
permitted by State law, the City may require compliance with any
amendments to the City's comprehensive Plan or official controls,
enacted after the date of this Agreement, provided that such changes
shall not change the usage restrictions set out in paragraphs I.E.H. and
1.E.iii. of this Agreement.
G. No occupancy permit shall be issued for a motor fuel station use on Lot 2,
Block 1 until either 1) An occupancy permit is issued for the restaurant
building on Lot 4, Block 1, or 2) An occupancy permit is issued for a
retail or office building on Lot 1, Block 1 of Said Plat.
H. Developer shall develop Said Plat consistent with the site plan attached as
Exhibit C. No building and site construction which otherwise complies
3
with the Site Plan attached as Exhibit C shall be required to receive _
separate site and building plan approvals from the Planning
Commission and City Council. In addition, no separate building plan
approval is needed from the City Council for any building plan where
the building size has been reduced by not more than 10% of the square
footage shown on Exhibit C and otherwise complies with the Site Plan
shown on Exhibit C. However, this requirement shall not relieve the
applicant from obtaining all necessary building plan approvals required
by the City's building code. Any changes to the building configuration,
increases in building size, decrease in building size greater than 10%,
change in parking configuration, curb locations, drive lanes or traffic
flow shall require the requisite building and/or site approval from the
City Council, and may, depending upon the scope of the change, be
required to be referred back to the City's planning commission for
additional public hearing proceedings.
I. All grading, drainage, utility, wetland mitigation, and transportation issues
that arise during development of Said Plat shall be subject to review and
approval by the City Engineer.
J. Trees, shrubs, berms and screening are to be planted and installed as
shown on the landscape plan attached as Exhibit D. Developer shall
install landscaping shown on the perimeter of Said Plat by October 31,
2008, and Lot Owners shall install the remaining landscape on a lot -by -lot
basis as buildings are constructed on each lot. The Developer shall
guarantee that all new trees shall survive for two full years from the time
the planting has been completed or will be replaced at the expense of the
Developer.
K. Developer shall replace, at its own expense, any plantings as shown on
attached Exhibit C that might be damaged during the construction of any
future buildings on Said Plat. Developer shall guarantee that all plantings
it replaces pursuant to this paragraph shall survive for two full years from
the date of planting. Lot Owners shall guarantee that all plantings they
replace pursuant to this paragraph shall survive for two full years from the
date of planting.
L. Developer shall maintain the storm sewer system and ponds located on
Said Plat. Developer shall not modify nor obstruct said storm sewer
system or ponds without the express written consent of the City. The City
shall pay the Property Owners' Association % of the cost of
maintaining said storm water pond (but excluding property taxes) in r
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recognition that % of the water flowing into the storm water pond
originates from the dedicated City street on Said Plat.
M. The City shall reasonably maintain the sanitary sewer lines and municipal
water lines and fire hydrants located within publicly dedicated utility
easements on Said Plat, provided, however that: 1) in the event it is
necessary for the City to excavate any portion of the easement area to
maintain, repair or replace any such lines, the City shall be obligated to
restore the easement area to grade with gravel and the owner of the
property or the Property Owner's Association shall be responsible for
replacing pavement and any improvements above grade; and 2) nothing in
this Agreement shall act to limit the City's ability to finance such
improvements in accordance with applicable law. The City shall have full
responsibility to restore pavement within the dedicated City street on Said
Plat in the event the City excavates any portion of the street to maintain,
repair or replace such lines located within the street right of way.
N. Developer shall create a Retail Property Owners' Association
("Association") consisting of the owners of Lots 1-4 of Said Plat. Said
Association shall maintain the storm water pond, all storm sewer on
Said Plat not designated as Municipal Improvements under this
Agreement, the grounds of Outlot C of Said Plat, all parking lot and
private drive areas, all retaining walls and shall maintain the dedicated
City street on Said Plat until such time as the City constructs a backage
road extending east to MacKenzie Avenue, at which time the City shall
then maintain said dedicated City Street. Maintenance of the City street
by the Association shall be limited to snow plowing and street
sweeping. The City shall perform all road repairs and may finance such
activities in any manner permitted by law, and shall provide ordinance
enforcement on such City street in a like manner as on other City
streets.
O. The City has agreed to permit a full access from Said Plat to County
State Aid Highway No. 37 ("CSAH 37") with the conditions provided
for in this paragraph. With respect to the access to CSAH 37,
Developer agrees as follows:
i. The Traffic Signal shall consist of a three-legged stoplight (red,
yellow and green) system configured similar to that shown on
the attached Exhibit E ("Traffic Signal") and constructed to
Wright County Highway Department standards in existence at
the time the Traffic Signal is constructed. The estimated cost of
the Traffic Signal if it were constructed in 2007 is $231,000.00
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("Estimated Cost")
ii. The Traffic Signal may be constructed whenever the City or the
Wright County Highway Department, in either's respective sole
discretion, deems it necessary for the health, safety and welfare
of the public. At such time, the City, the City of Otsego, or
Wright County, or any combination of the three, may construct
the Traffic Signal as a Minn. Stat. Chapter 429 improvement
project and may special assess 100% of the costs of such
Traffic Signal to the numbered lots and blocks in Said Plat. If
such a special assessment is levied, the City shall assess the
costs to the lots in Said Plat according to the following
percentages:
a. Lot 1, Block I
% of the cost.
b. Lot 2, Block 1
% of the cost.
c. Lot 3, Block 1
% of the cost.
d. Lot 4, Block 1
% of the cost.
iii. In such case, Developer agrees to waive its right to appeal such
special assessment to District Court pursuant to Minn. Stat. §
429.081 to the extent the total amount special assessed to all
lots on Said Plat is not greater than the following amount
("Adjusted Assessment"), calculated as follows: by taking the
Engineering News Record Construction Cost Index ("Index")
level published for the month preceding the month in which
this Agreement is dated (the "Base Month") and multiplying it
by one plus the percentage increase in the Index that occurs
between the Base Month and the month preceding the month in
which the City, Wright County or the City of Otsego lets a
contract for the installation of the Traffic Signal, and
multiplying that product by the Estimated Cost. In the event
that the City special assesses more to such lots than the
Adjusted Assessment, the Developer and/or Lot Owners may
appeal to the District Court the difference between the Adjusted
Assessment and the actual special assessment.
iv. The City acknowledges that a condition of the Developer
obtaining an access permit from Wright County with regard to
CSAH 37 is that the City, Wright County and the City of
Otsego enter into a three -party agreement with regard to the
construction of the Traffic Signal discussed herein (the "Three
Party Agreement"). The City further acknowledges that it is
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the lead agency for the preparation and negotiation of the Three
Parry Agreement. The City agrees to copy Developer on all
correspondence related to the negotiation of the Three Party
Agreement and to provide Developer with copies of drafts of
the same. The City shall keep Developer informed as to the
progress of the negotiation of the Three Party Agreement. The
City will use good faith efforts to cause the Three Party
Agreement to be executed by all of said parties on or before
June 1, 2007. If such an agreement is not able to be arrived at
to the satisfaction of Albertville, the City of Otsego and Wright
County, then Albertville will work in good faith with the
Developer and Wright County to obtain approval for the
eventual installation of the Traffic Signal.
v. Notwithstanding anything to the contrary in this Section l (0),
the Developer and/or Lot Owner shall only be assessed for the
actual costs of the construction of the Traffic Signal (including
all City costs incurred for construction, reasonable engineering,
financing, legal and a 3.5% administrative fee). Should the
City, Wright County, or the City of Otsego decide to add an
additional fourth leg to the Traffic Signal after initial
construction of the Traffic Signal, all costs of construction
related to the fourth leg of such Traffic Signal shall be paid for
by third parties other than Developer.
P. Fifty percent of each building's exterior finish (exclusive of doors and
windows) shall be brick or stone.
2. Construction of Municipal Improvements
A. The Developer shall construct those municipal improvements located on
and off Said Plat as detailed in the Plans and Specifications for Albertville
Marketplace, as prepared by Westwood Professional Services, Inc. dated
March 1, 2007 and on file with the City Clerk, said improvements to
include installation of water main, sanitary sewer main, pond, street,
curb and gutter located within the street right of way, storm sewer
located in the street right of way and storm sewers draining from the
street to the pond, all such improvements depicted graphically on the
attached Exhibit F (the "Municipal Improvements'). All the Municipal
Improvements shall be constructed according to the standards adopted by
-- the City, along with all items required by the City Engineer. Unless the
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City Engineer specifies a later date, said improvements shall be installed
by October 31, 2008.
B. 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
Municipal Improvements have been constructed to City standards and
shall suffer no significant impairments, either to the structure or to the
surface or other usable areas due to improper construction, said warranty
to apply both to poor materials and faulty workmanship.
C. Developer shall provide the City with lien waivers from all contractors
and subcontractors engaged to construct said Municipal Improvements on
Said Plat. Should Developer fail to provide the City with all applicable
lien waivers, the City reserves the right to draw upon Developer's surety
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.
D. The City shall, at its option, have the City Engineer present on Said Plat
for inspection purposes at all times (or such times as the City may deem
necessary) during the construction and installation of said Municipal
Improvements. Developer agrees to pay for all reasonable costs incurred
by the City during said inspections.
E. In lieu of requiring the Developer to install a trail along the north side of
Said Plat (but located in the CSAH 37 right of way), the City may
construct said trail in the future. The estimated cost of such trail in 2007
dollars is $25,671.00. In the event the City constructs such trail in the
future and chooses to special assess the costs of the trail against the
property in Said Plat, Developer agrees to waive its right to appeal such
special assessment to District Court pursuant to Minn. Stat. § 429.081 to
the extent the total amount special assessed to all lots on Said Plat is not
greater than the following amount ("Adjusted Trail Assessment"),
calculated as follows: by taking the Engineering News Record
Construction Cost Index ("Index") level published for the month
preceding the month in which this Agreement is dated (the "Base Month")
and multiplying it by one plus the percentage increase in the Index that
occurs between the Base Month and the month preceding the month in
which the City contracts for the construction of said trail. In the event that
the City special assesses more to such lots than Adjusted Trail
Assessment, the owner of the any lot at the time of the assessment may
appeal to the District Court the difference between the Adjusted Trail
Assessment and the actual special assessment. If such a special assessment
is levied, the City shall assess the costs to the lots in Said Plat according to
the following percentages:
a. Lot 1, Block 1
% of the cost.
b. Lot 2, Block 1
% of the cost.
C. Lot 3, Block 1
% of the cost.
d. Lot 4, Block 1
% of the cost.
3. Construction of Private Improvements
A. Developer shall construct all on- and off -site improvements ("Private
Improvements") including installation of paved private streets, private
street curb and gutter, sidewalks, storm sewer not located in the street
right of way and not conveying water from the street, boulevards,
street signs, traffic signs, yard top soil, sod and seed in all yards,
grading control per lot, bituminous or concrete driveways and parking
lots, drainage swales, berming, and like items as necessary, street
cleanup during project development, and erosion control, all as
required by City ordinance. All yard areas shall be sodded with grass
or landscaped in accordance with the attached Landscaping Plan. In
all cases permanent turf or grass must be established over all areas of
the lot not covered by a hard or impervious surface. Except as set out
below, Private Improvements shall be installed on each lot with the
construction of a building on each respective lot. The private street
shown on the attached Exhibit G shall be installed by October 31,
2008. Erosion control, drainage swales and berming, shall be installed
upon initial grading of Said Plat. The grading of Said Plat shall be
performed in accordance with the Grading Plan attached as Exhibit J.
B. Developer shall, at its own expense, cause the following items to be
installed within Said Plat, all such items to be installed under ground,
within the street right of way or within the private street easements or
such other location as may be approved by the City Engineer,
accessible to all lots and in compliance with all applicable state and
local regulations:
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;
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iii. Telephone service, to be provided by Sprint/United Telephone
Company or other such carrier;
In addition, the Developer shall, at its own expense, cause street lights
and street signs to be of such type and to be installed at such locations
as required by the City Engineer and in conformance with the Manual
on Uniform Traffic Control Devices, provided, however, that this
sentence shall not be interpreted to require Developer to install the
Traffic Signal referred to in paragraph 1.0. above.
C. Developer has submitted a utility plan for Said Plat showing all
existing and proposed utility lines and easements, attached hereto and
incorporated herein as Exhibit H. Developer agrees to have all utilities
installed according to this Exhibit H.
D. Developer shall install silt fencing in back of all curbing within 30
days after said curbing is installed, or 7 days after the "small utilities"
(gas, phone, electrical and cable television) have been installed,
whichever occurs sooner. Developer shall abide by the City
Engineer's requirements for silt fencing of the lots and access to the
lots during building construction.
E. Notwithstanding the requirements of subparagraph 3A above, the
Developer or Lot Owner shall install to the City's satisfaction
improvements for each lot or parcel prior to the date that a certificate
of occupancy (temporary or permanent) is issued by the City for a
building located on the lot, unless the certificate of occupancy is issued
after October 1st and before March 30th in any given year, in which
case a certificate of occupancy shall be issued if all Private
Improvements except landscaping and sod have been installed. In such
cases, the owner of the lot shall cause the required landscaping and sod
to be installed by the first June 30th following the issuance of the
occupancy permit.
4. Surety Requirements.
A. 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 contract shall be performed.
Said letter of credit or surety shall be in the amount of $
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($ 100% of the cost of selected Private --
Improvements, ($ , including private street, retaining walls,
10
grading, and all utility work), and 150% of the estimated cost for
landscaping/screening materials ($ ). Said letter of credit
or surety must meet the approval of the City attorney as to form and
issuing bank.
B. The City may draw on said letter of credit or surety to complete work
not performed by Developer (including but not limited to Private
Improvements, Municipal Improvements described above, erosion
control, and other such measures), to pay liens on property to be
dedicated to the City, 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 Developer under this agreement.
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, the Developer
agrees that upon being billed by the City, 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
Developer's property for any and all costs incurred by the City in
enforcing any of the terms of this agreement should Developer's letter
of credit or surety prove insufficient or should Developer fail to
maintain said letter of credit or surety in the amount required above
within 30 days of mailing of written request by the City.
E. In the event a surety referred to herein is in the form of an irrevocable
letter of credit, which by its terms may become null and void prior to
the time at which all monetary or other obligations of the Developer
are paid or satisfied, it is agreed that the Developer shall provide the
City with a new letter of credit or other surety, acceptable to the City,
at least forty-five (45) days prior to the expiration of the original letter
of credit. If a new letter of credit is not received as required above, the
City may without notice to 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
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credit or other surety must be approved by the City Attorney prior to
its issuance. Developer shall maintain said letter of credit in the
amount required by the City at all times.
5. Surety Release.
A. Periodically, as payments are made by the Developer for the
completion of portions of the Municipal Improvements, Private
Improvements or Landscaping, and when it is reasonably prudent, the
Developer may request of the City that the surety be proportionately
reduced for that portion of the Municipal Improvements, Private
Improvements or Landscaping which have been fully completed and
payment made therefor. All such decisions shall be at the reasonable
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. The Developer may request of the City a reduction or release of any
surety as follows:
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 required improvements have been
installed, the letter of credit or surety may be reduced by the
dollar amount attributable to that portion of improvements so
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. Developer may substitute a warranty bond
acceptable to the City Attorney for the warranty letter of credit
in the same amounts and duration as required for the warranty
letter of credit.
iii. As to all requests brought under this paragraph, the City
Council shall have complete discretion whether to reduce or not
to reduce said letter of credit or surety.
C. The City shall act upon Developer's letter of credit reduction requests
within 35 days of submission of a written request for reduction. The costs
12
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.
D. To the extent that any of the provisions of this Section 5 conflict with the
provisions of Minn. Stat §462.358(2a) (the "Statute"), the provisions of
the Statute shall control.
6. Abandonment of Proiect - Costs and Expenses.
In the event Developer should abandon the proposed development of Said Plat,
the City's costs and expenses related to attorney's fees, professional review,
drafting of this Agreement, preparation of the feasibility report, plans and
specifications, and any other expenses undertaken in reliance upon Developer's
various assertions shall be paid by said Developer within thirty (30) days after
receipt of a bill for such costs from the City. In addition, in the event the
Developer abandons the project, in whole or in part, ceases substantial field work
for more than nine (9) months, fails to provide sufficient ground -cover to prevent
continuing soil erosion from Said Plat, or fails to leave the abandoned property in
a condition which can be mowed using conventional lawn mowing equipment,
Developer agrees to pay all costs the City may incur in taking whatever action is
reasonably necessary to provide ground -cover and otherwise restore Said Plat to
the point where undeveloped grounds are level and covered with permanent
vegetation sufficient to prevent continuing soil erosion from Said Plat and to
facilitate mowing of Said Plat. In the event that said costs are not paid, the City
may withdraw funds from the above -mentioned surety for the purpose of paying
the costs referred to in this paragraph.
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, engineering and other professional
costs incurred in the creation, administration, enforcement or execution of this
Agreement and the approval of Said Plat, as well as all reasonable engineering
expenses incurred by the City in designing, approving, installing, and inspecting
said Improvements described above. Developer agrees to pay all such costs
within 30 days of billing by the City. If Developer fails to pay said amounts,
Developer agrees to allow the City to reimburse itself from said surety and/or
assess the amount owed against any or all of properties in Said Plat without
objection.
8. Development Related Fees and Credits.
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A. Sanitary Sewer Trunk Line Fees.
i. Developer agrees that the City's Sanitary Sewer Trunk Line Fee
Ordinance currently requires the Developer to pay $1,825.00
per acre upon development of said Plat. There are 5.8 acres in
said Plat which received final plat approval. Therefore, the
Sanitary Sewer Trunk Line Fees for all property receiving final
plat approval is $10,585.00.
ii. Developer shall be entitled to a trunk line credit for the
installation of the forcemain from the lift station to the City's
existing gravity sewer main shown on the attached Exhibit I.
The credit amount shall be $ , calculated based on
a forcemain installation cost of $ . Said credit
shall be offset against the Sanitary Sewer Trunk Line Fee set
out in paragraph 8Ai. above. The City shall pay Developer said
$ within 30 days of submission of a bill for said
forcemain installation following final completion of said
forcemain.
B. Water Trunk Line Fees. Developer agrees that the City's Water Trunk
Line Fee Ordinance currently requires the Developer to pay $1,660.00 per
acre upon development of said Plat. There are 5.8 acres in said Plat which
received final plat approval. Therefore, the Water Trunk Line Fees for all
property receiving final plat approval is $9,628.00. Developer shall pay
such fees prior to the release of the final plat by the City.
C. Administrative Fee. A fee for City administration of this project shall
be paid prior to the City executing the Plat and this Agreement. Said fee
shall be 3.5% of the estimated construction costs of the Municipal
Improvements within the Plat. The administrative fee for this Plat is
$ . Seventy-five percent of this fee shall be paid upon
issuance of the final Plat with the remaining twenty-five percent of the
fee to be paid upon substantial completion of the Municipal
Improvements.
9. Erosion and Siltation Control.
Before any grading is started on any site, all erosion control measures as shown
on the approved Grading, Drainage and Erosion Control Plan shall be strictly
complied with as set forth in the attached Exhibit J. Developer shall also install
all erosion control measures deemed necessary by the City Engineer should the
erosion control plan prove inadequate in any respect.
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10. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from Said Plat may drain, and
shall make any necessary improvements or go through any necessary procedures
to ensure compliance with any federal, state, county or city requirements, all at
Developer's expense.
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 Said Plat. The
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 in Said
Plat.
Developer agrees to clean the streets 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 Said Plat 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 Said Plat 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 immediately undertake making or causing it to be cleaned
up, repaired or maintained. When the City undertakes such activity, the
Developer shall reimburse the City for all of its expenses within thirty (30) days
of its billing to the Developer. If the Developer fails to pay said bill within thirty
(30) days, then the City may specially assess such costs against the lots within
Said Plat and/or take necessary legal action to recover such costs and the
Developer agrees that the City shall be entitled to attorney's fees incurred by the
City as a result of such legal action.
12. Temporary Easement Rights.
Developer shall provide access to Said Plat at all reasonable times to the City or
its representatives for purposes of inspection or to accomplish any necessary
work pursuant to this Agreement.
W
13. Miscellaneous.
A. Developer agrees that all construction items required under this
Agreement are items for which Developer is responsible for completing
and all work shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase
of this Contract is for any reason held invalid by a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portion of this Contract.
C. If building permits are issued prior to the completion and acceptance of
public improvements, the Developer assumes all liability and the costs
resulting in delays in completion of public improvements and damage to
public improvements caused by the City, Developer, its contractors,
subcontractors, materialmen, employees, agents, or third parties.
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure to
promptly take legal action to enforce this Contract shall not be a waiver or
release.
E. This Contract shall run with the land and shall be recorded against the title
to the property.
F. The Developer represents to the City that Said Plat and its related
submissions (including but not limited to the grading plan, utility plan,
and site plan) complies with all City, county, state and federal laws and
regulations, including but not limited to: subdivision ordinances, zoning
ordinances, and environmental regulations. If the City determines that
Said Plat does not comply, the City may, at its option, refuse to allow
construction or development work in the plat until the Developer so
complies. Upon the City's demand, the Developer shall cease work until
there is compliance.
G. Prior to the execution of this Agreement and prior to the start of any
construction on Said Plat, Developer shall provide the City with evidence
of good and marketable title to all of Said Plat. Evidence of good and
marketable title shall consist of a Title Insurance Policy or Commitment
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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.
H. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the Wright County Soil and Water
Conservation District and/or the City and any applicable provisions of
State or Federal law or regulations.
I. Developer shall obtain all required driveway, utility and other permits as
required by either the City Engineer, Wright County and/or the State of
Minnesota.
14. Violation of Agreement.
In the case of default by the Developer, its successors or assigns; of any of the
covenants and agreements herein contained, the City shall give Developer
thirty (30) days mailed notice thereof (via certified mail), and if such default
is not cured within said thirty (30) day period, the City is hereby granted the
right and the privilege to declare any deficiencies governed by this Agreement
due and payable to the City in full. The thirty (30) day notice period shall be
deemed to run from the date of deposit in the United States Mail. Upon
failure to cure by Developer, the City may thence immediately and without
notice or consent complete some or all of the Developer's obligations under
this Agreement, and bring legal action against the Developer to collect any
sums due to the City pursuant to this Agreement, plus all costs and attorney's
fees incurred in enforcing this agreement. The City may also specially assess
all said costs incurred upon default against the properties in Said Plat pursuant
to the terms of this agreement.
Notwithstanding the 30-day notice period provided for above, in the event
that a default by 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.
This paragraph of this Agreement shall not apply to any acts or rights of the
City under paragraph 4E, and no notice need be given to the Developer as a
condition precedent to the City drawing upon the expiring irrevocable letter of
credit as therein authorized. The City may elect to give notice to Developer
17
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.
Breach of any of the terms of this Contract by the Developer shall be grounds
for denial of building permits.
15. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good and
marketable title to Said Plat, and upon completion of all construction
work and certification of completion by the City Engineer, shall
dedicate all street right-of-ways and drainage and utility easements to
the City. Upon acceptance of dedication, Developer shall provide to
the City "As-Builts" (both in paper form and electronic form as
required by the City Engineer) of all publicly dedicated streets,
utilities, storm sewers, storm water ponds and other Municipal
Improvements required under this Agreement. Acceptance by City of
any dedication shall occur upon passage of a resolution to such effect
by the City Council, provided, however, that the City shall not accept
the storm water pond as a completed constructed unit for purposes of
satisfying Developer's pond construction obligations under this
Agreement until after the last lot in Said Plat has a completed building
constructed upon it and the City's Engineer confirms that the pond
does not contain an excessive amount of silt and other solid materials
as a result of the development activity on Said Plat.
B. Park Dedication.
The Developer is required to pay a cash contribution of $47,560 in
satisfaction of the City's park and trail dedication requirements.
This charge is calculated as follows: 5.8 acres x $8,200 per acre =
$47,560.00.
C. Lift Station Property Dedication and Construction.
The Developer shall deed Outlot B to the City for use as a sanitary
sewer lift station to be constructed by the City (the "Lift Station").
The City shall make good faith efforts to have the Lift Station
constructed and operational by March 31, 2008. For purposes of this
Section 15(C), "constructed and operational" shall mean that the Lift
Station shall be ready for use by the public for its intended purpose
18
consistent with other City lift stations and at such time as the City's
engineer has certified in writing that the Lift Station has been
completed in accordance with the plans and specifications therefore
and in accordance with applicable laws and regulations, and so as
not to delay the issuance of any requisite permits, consents,
approvals or like items in connection with the development of
Albertville Marketplace, including any certificates of occupancy for
tenants or Lot Owners.. The City shall keep the Developer informed
as to the progress of the construction of the Lift Station. In the event
construction falls behind schedule, the City shall notify Developer in
writing as soon as practicable under the circumstances and
Developer and the City shall meet to determine the appropriate
method for getting the Lift Station construction on schedule. The
City's timely performance under this paragraph is contingent upon
Developer deeding said Outlot B to the City no later than July 1,
2007, and Developer allowing the City's Lift Station contractor
continuous access to Outlot B and a designated staging area for the
Lift Station construction in the immediate vicinity of Outlot B
16. Indemnity.
Developer shall hold the City and its officers and employees harmless from
claims made by Developer and third parties for damages sustained or costs
incurred resulting from Said Plat approval and development. The Developer
shall indemnify the City and its officers and employees for all costs, damages
or expenses which the City may pay or incur in consequence of such claims,
including attorney's fees. Third parties shall have no recourse against the City
under this contract.
17. Assignment of Contract.
The obligations of the Developer under this Contract can be assigned by the
Developer. However, the Developer shall not be released from its obligations
under this contract without the express written consent of the City Council
through Council resolution.
18. Limited Approval.
Approval of this Agreement by the City Council in no way constitutes
approval of anything other than that which is explicitly specified in this
Agreement.
19. Professional Fees.
WE
The Developer will pay all reasonable professional fees incurred by the City
as a result of City efforts to enforce the terms of this Agreement. Said fees
include attorney's fees, engineer's fees, planner's fees, and any other
professional fees incurred by the City in attempting to enforce the terms of
this Agreement. The Developer will also pay all reasonable attorney's fees
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 party is relying on any prior agreement or statement(s), whether
oral or written. Modification of this Agreement may occur only if in writing
and signed by a duly authorized agent of both parties.
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:
23. Agreement Effect.
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Albertville Marketplace, LLC
20
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE
By
Its Mayor
By
Its Clerk
ALBERTVILLE MARKETPLACE, LLC
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2007, 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.
21
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2007, 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.
STATE OF MINNESOTA
COUNTY OF WRIGHT
of
Notary Public
ss.
The foregoing instrument was acknowledged before me this
2007, by
of Albertville Marketplace, LLC.
DRAFTED BY:
Couri, MacArthur & Ruppe Law
Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
Notary Public
22
day
as
n
EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies
is as follows:
Lots 1, 2, 3, and 4
Outlots A and B and C
All such property in the plat of Albertville Marketplace, as said plat is on file in the
Wright County Recorder's Office, Wright County, Minnesota.
23
EXHIBIT B
Final Plat
EXHIBIT C
Site Plan
EXHIBIT D
Landscaping Plan
EXHIBIT E
Traffic Signal
EXHIBIT F
Municipal Improvements
EXHIBIT G
Phased Paving Plan
EXHIBIT H
Utility Plan
EXHIBIT I
Force Main
EXHIBIT J
Grading and Drainage Plan
24
n
n
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
NOTICE OF CONCURRENT PUBLIC HEARING ON
STORM WATER PONDING IMPROVEMENT
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the Albertville City Council, County of Wright, State of
Minnesota, has scheduled a public hearing for Monday, April 23, 2007 at 7:00 p.m. or soon
thereafter in the Council Chamber of City Hall located at 5959 Main Avenue NE to consider the
making of a municipal improvement consisting of the construction of a storm water pond and
related improvements in the City of St. Michael upstream of property in the City of Albertville.
The improvements are being proposed pursuant to Minnesota Statutes, Sections 429.011 to
429,111 (governing special assessments) and Minnesota Statutes Sections 444.075 to 444.021
(governing the establishment and financing of a storm water taxing district). At the public
hearing the City Council will be considering whether to finance the projects via both special
assessments and the creation of a storm water taxing district.
The areas proposed to be assessed for such improvement are those properties located within the
City of Albertville south of County State Aid Highway No. 18 and west of County State Aid
Highway No. 19. The properties over which a stormwater fee or stormwater taxes are proposed
for such improvement are all properties within the City of Albertville. The proposed term of the
storm water fee or tax is 15 years.
The estimated cost of the improvement is $1,045,000.00. A reasonable estimate of the impact of
the assessment will be available at the hearing, along with estimates of the increase in storm
water fees or taxes. Such persons as desire to be heard with reference to the proposed
improvement will be heard at this meeting.
Published in North Crow River News, on April 9 and 16, 2007.
/s/Bridget Miller, City Clerk
March 29, 2007
To: Newspaper Editors for papers covering part or all of Northeastern Wright
County
From: Tom Salkowski, Wright County Planning and Zoning Administrator
Re: Attached news release-- Wright County NE Quadrant Plan
As you may be aware, Wright County and its consultant team led by Short Elliot
Hendrickson Inc. (SEH) has prepared a Comprehensive Plan for the Northeast
Quadrant of the County, and the centerpiece of this plan will be a new Land Use
Plan for the Townships of Rockford, Buffalo and Monticello. Enclosed is a press
release announcing the public hearing on the completed plan. It would be much
appreciated if you could give this story a prominent place in an upcoming edition
of your paper, prior to April 12. Please feel free to call me (763.682.7330) if you
would like any other information, to flesh out the story any further, or to enhance it
with some of the graphics from the plan. Any assistance that you may be able to
offer in making the public aware of this important meeting, and the ongoing effort
by the Wright County Board of Commissioners to plan for a better future for our
cities and towns, would be greatly appreciated. A wealth of information about the
process, maps, task force meetings and other background on this plan can also be
found on our website at:
http://www.co.wright.mn.us/department/pandz/luphome. asp
NEWS RELEASE --PUBLIC HEARING
WRIGHT COUNTY NORTHEAST QUADRANT LAND USE PLAN DRAFT
The Wright County Planning Commission will hold a public hearing on the Northeast Quadrant Land Use Plan
(Buffalo, Monticello and Rockford Townships) on Thursday, April 12, 2007 at 8:00 p.m. in the County
Commissioner's Board Room in the Wright County Government Center, in the City of Buffalo. The plan is the
result of work by led by the consulting firm of Short Elliot Hendrickson Inc. (SEH) and staff from the Wright
County Office of Planning and Zoning, with valuable input from citizens at two prior public meetings in 2006 and
representatives on a Task Force from all the townships and cities in the Northeast Quadrant. These include the
Townships of Buffalo, Monticello, and Rockford, and the Cities of Albertville, Buffalo, Hanover, Monticello,
Otsego, Rockford and St. Michael. No changes to the County Zoning Ordinance are proposed at this time, and no
changes in zoning to any individual properties are proposed.
This Northeast Quadrant Plan is the first of three phases that Wright County intends to implement to update the
land use plans for the entire County. Phase 2 will include the Northwest Quadrant of the County, which can be
generally described as everything north and west of the City of Buffalo. That project will start in 2007 as soon as
the Northeast Quadrant Plan is completed. Finally, planning for the South section of the County, including all
Townships and Cities along the U.S. Highway 12 corridor, will be started in 2008 upon completion of phase 2.
The current Wright County Land Use Plan was first adopted in 1988 to serve as a guide for the growth and
development of the unincorporated (township) areas of Wright County. It has been amended several times since
then to reflect changes in conditions for individual townships, while the overall policy direction remains the same.
The plan contains varied background information on the entire County, land use plan maps for each township, and
a compilation of County policies on agricultural preservation, development, environmental protection and other
related topics. In very general terms, the Land Use Plan expresses County policy that most growth in the County
should occur in and out from existing cities, while the agricultural and rural areas maintain very low residential
densities and a decidedly rural atmosphere.
The Wright County Board of Commissioners ordered the current plan work with the direction that there should not
be any substantial change to that general philosophy. However, it was recognized that the background data from
1988 needed to be updated, substantial growth has occurred since that time and that Cities and Townships both
need a vehicle to address the impacts of the dramatic growth that has occurred, particularly in the northeast part of
the County. In study groups and public meetings organized by the County, both in 1997 and in 2006 as part of the
current planning process, there has been overwhelming public support for maintaining the rural setting in the
Townships, while accommodating reasonable growth in the Cities. Other important issues, such as the necessity for
and impact of gravel mining, goals for permanently preserving open space and wildlife habitat, and the difficult
issues posed by urban growth on the edge of cities are also addressed in the Northeast Quadrant plan.
At the public hearing on April 12, County staff and the consultant team from SEH will give a presentation at
approximately 8:00 pm, after which public comment will be accepted. Due to time and space constraints, verbal
comment may be limited to allow everyone who wishes an opportunity to speak. You are encouraged to submit
written comments or questions in advance to the Office of Planning and Zoning, or through the website at:
http•//w-\NTw co wright mn us/department/pandz/luphome asp. The website also includes a complete copy of the
Plan as well as a wealth of information regarding the work of the Task Force and the development of the Plan. All
comments received prior to the hearing will be copied and distributed to the Commission members. At the
completion of the public hearing on April 12, the Planning Commission is likely to adjourn to consider all the
information received before making a final recommendation to the County Board of Commissioners, who will
consider and adopt the Plan at a future meeting.
Submitted by Tom Salkowski, Wright County Planning and Zoning Administrator
(763-682-7330, tom.salkowskirtco.wright.mn.us)
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
NOTICE OF CONCURRENT PUBLIC HEARING ON
STORM WATER PONDING IMPROVEMENT
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the Albertville City Council, County of Wright, State of
Minnesota, has scheduled a public hearing for Monday, April 23, 2007 at 7:00 p.m. or soon
thereafter in the Council Chamber of City Hall located at 5959 Main Avenue NE to consider the
making of a municipal improvement consisting of the construction of a storm water pond and
related improvements in the City of St. Michael upstream of property in the City of Albertville.
The improvements are being proposed pursuant to Minnesota Statutes, Sections 429.011 to
429,111 (governing special assessments) and Minnesota Statutes Sections 444.075 to 444.021
(governing the establishment and financing of a storm water taxing district). At the public
hearing the City Council will be considering whether to finance the projects via both special
assessments and the creation of a storm water taxing district.
The areas proposed to be assessed for such improvement are those properties located within the
City of Albertville south of County State Aid Highway No. 18 and west of County State Aid
Highway No. 19. The properties over which a storm water fee or storm water tax are proposed
for such improvement are all properties within the City of Albertville. The proposed term of the
storm water fee or tax islwyears.
The estimated cost of the improvement is A reasonable estimate of the
impact of the assessment will be available at the hearing, along with estimates of the increase in
storm water fees or taxes. Such persons as desire to be heard with reference to the proposed
improvement will be heard at this meeting.
Published in North Crow River News, on April 9 and 16, 2007.
/s/Bridget Miller, City Clerk
Option #3 - Storm Water Fund, Storm Water Utility Fee Increase and Special
Assessment to Albert Villas
This option uses three funding sources to raise revenue to finance the project. The total
number of existing lots in Albert Villas is 346, of which a special assessment of
$315,000 was applied. The remainder, $315,000, was applied to the storm water utility
fee on a citywide basis. The storm water utility is considered to have an equivalent of
2,692 Single Family Units (SFU). It should be noted that variations to this option are
numerous.
Total Project Cost =
Less Storm Sewer Fund =
Balance =
Assessment to Albert Villas =
Raise Storm Water Utility Fee =
19'Mz ?00
($260,000)
$315,000 -'�3`M, 950
$315,00013`f4j 8,4°
-� 3Y4 850
Albert Villas Assessment of $445-, 9 (346 Single
Family Lots in
Albert Villas)
20 Year
15 Year
10 Year
Annual Payment -
1* 3a, a 6s. 6q
Q'"' "" �'
7V 3 Sob. 71
42 mono "'
, ` cfG, gf�l , 07
Annual Cost/ Albert Villas
86.89
Home =
—$443-5t-
-493-.-7+
/CJ-;:? G2
$123.69
//3S 4�2
Storm Water Utility Fee Increase of $34:5--,M (2,692 Single Family Lots in Albertville)
20 Year
15 Year
10 Year
Annual Payment
30. o o f. 39
*3-2,, '
�3�, 3oG • 7/
$42�794.44,
� YG, Ste, o?
Annual Cost/SFU =
-$ i 0.20
-
444-'
Equiv. SFU Bi-Monthly
Billing Fee Increase =
-*s7t0'
(, 86
-$2 1--
�a ao
4444-
of a,96
SUMMARY OF ALBERTVILLE MARKETPLACE
DEVELOPER'S AGREEMENT
Listed below is a summary of the important points of the Albertville Marketplace
Developer's Agreement. The paragraph numbers on the left reference the paragraph
numbers in the developer's agreement.
1 A. Buildings will be constructed in the locations shown on the Site Plan.
1 E. Lots 1 and 3 may be any B-3 uses.
Lot 2 may be a gas station/convenience store.
Lot 4 must be a restaurant of at least 4,000 s.f.
IF. Amendments to the City's zoning ordinances or comprehensive plan will not
apply to this plat for ive years. - � � c , �C u� - ¢aP-
1 G. The occupancy permit for the gas station cannot be issued until the occupancy
permit for the retail or office building on Lot 1 or a restaurant on Lot 4 is issued.
1 H. Buildings may be reduced by up to 10% in size without new site plan approval.
Changes greater than 10% or changes in parking configurations, curb locations,
drive lanes or traffic flow will require an amendment to the PUD/CUP.
1 L. Property owners will maintain the pond, but City will pay owners for its share of
4 maintenance based on the percent of water from the road that drains into the pond.
1M. Water mains and sanitary sewer mains will be owned and maintained by the City.
IN. Developer will create a property owners association to maintain the parking lot,
private street, pond, retaining walls, and to sweep and plow the City street until
the backage road is built, when the City will take over full maintenance of the
City street.
10. The City will install the traffic signal at such time as Wright County or the City of
Albertville deem it necessary. The developer agrees to be special assessed for
100% of the cost of the traffic signal based on today's estimated cost, but indexed
for inflation based on the Engineering News Record Construction Cost Index.
Developer waives its right to appeal the assessment. A three party agreement
with Otsego and Wright County will be required by Wright County. �*
1P. 50% of each building's exteriormustbe brick or stone. C-Q*� "
2. Developer will construct Municipal Improvements at its expense. Developer will
not install a trail, but agrees to be special assessed for the cost of the trail based on
today's estimated cost indexed for inflation using the same index as the traffic
signal. /-1N
1 &2 Developer has until October 31" to install all Municipal Improvements, the on -
and off -site (private improvements), and the perimeter landscaping. All other
landscaping will be installed on a lot -by -lot basis upon completion of each
building.
4. The letter of credit amount has yet to be determined.
8A. The Developer will install the sanitary sewer forcemain with its utilities and we
will credit the developer back for the cost.
8C. The Developer will pay a 3.5% administrative fee (based on Municipal
Improvements).
15B. Developer will pay a park dedication fee of $47,560.
15C. Developer will deed Outlot B, the lift station property, to the City, and the City
construct the lift station and will make good faith efforts to have it operational by
March 31, 2008. This will require authorizing plans and specs preparation
immediately.
,1�
NORTHWEST ASSOCIATED CONSULTANTS, INC.
SEEMML-
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@naeplanning.com
MEMORANDUM
TO: Larry Kruse, City Administrator
FROM: Cassie Schumacher-Georgopoulos
DATE: March 19, 2007
RE: Albertville — Albertville Marketplace
NAC FILE: 163.06 — 06.15
Our office has reviewed plans submitted by Phil Morris for the Albertville Market Place.
We find the plans submitted appropriate and hold all plans to the conditions listed in the
Resolution dated for April 2, 2007. The plans dated 03/01/07 addressing the City's and
Owners comments shall also respond to all comments of the City Engineer as attached
to the following resolution.
CITY OF ALBERTVILLE
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO.:
RESOLUTION APPROVING A PRELIMINARY PLAT AND PLANNED UNIT
DEVELOPMENT -CONDITIONAL USE PERMIT FOR THE ALBERTVILLE
MARKETPLACE LOCATED AT THE CORNER OF CSAH 37 AND INTERSTATE 94
WITHIN THE CITY OF ALBERTVILLE
WHEREAS, Property owner Phil Morris and his development team have
submitted an application for a preliminary plat and planned unit development -
conditional use permit to construct a new retail shopping center including a sit-down
restaurant and a motor fuel station on site legally described as follows; and
That part of the NE'/4 of the NE'/4 of Sec. 1, T. 120, R. 24, Wright County, Minnesota,
lying Southerly of CSAH 37 and Northerly of Minnesota Highway Number 94.
WHEREAS, City staff has reviewed submitted plans and prepared a planning
report dated July 6, 2006; and
WHEREAS, the Albertville Planning Commission met and held a public hearing
on July 11, 2006 to consider the Albertville Marketplace application; and
WHEREAS, upon review of the staff reports and hearing public testimony, the
Planning Commission closed the public hearing and recommended that the City Council
approve the preliminary plat and planned unit development- conditional use permit
application with the conditions outlined in the July 6, 2006 Planning Report and the July
5, 2006 Engineer's Report with additional conditions recommended by the Planning
Commission.
WHEREAS, the Albertville City Council has received the Albertville Marketplace
application, revised Developer plans dated March 1, 2007, staff review documents, and
the Planning Commission recommendation, and agrees with the findings and
recommendation of the Planning Commission.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville,
Minnesota hereby approves the preliminary plat and planned unit development -
conditional use permit for the Albertville Marketplace subject to the attached Findings of
Facts and Decision.
Findings of Fact: Based on review of the evidence received, the City Council now
makes the following finding of fact and decision:
2
A. The site legally described as that part of the NE 1/4 of the NE '/a of Sec. 1, T. 120,
— R. 24, Wright County, Minnesota, lying Southerly of CSAH 37 and Northerly of
Minnesota Highway Number 94.
B. The planning report dated July 6, 2006 from Northwest Associated Consultants
and the Engineer's Reports dated July 5, 2006 and August 11, 2006 from Bolton &
Menk, Inc. are incorporated herein.
C. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
D. Traffic generated by the proposed use is within capabilities of streets serving the
property as proposed.
E. The requirements of the Albertville Zoning Ordinance have been reviewed in
relation to the proposed use.
F. 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.
G. The subject site is zoned B-3, Highway Commercial District. The proposed use is
consistent with permitted uses within the B-3 District and will be compatible with
present and future land uses of the surrounding area.
H. The proposed use conforms to applicable Zoning Ordinance performance
standards and approved planned unit development standards.
The proposed use will not tend to or actually depreciate the area in which it is
proposed.
Decision: Based on the foregoing information and applicable ordinances, the City
Council hereby APPROVES the preliminary plat and conditional use permit/planned unit
development based on the most current plans dated June 13, 2006 and revised March
1, 2007 and information received to date, subject to the following conditions:
Preliminary Plat
1. The applicant shall be required to pay a cash fee in lieu of land to satisfy park
dedication requirements totaling $47,560 at the time of final plat approval.
In lieu of installing a three-legged stoplight ("Traffic Signal") at the entrance to
applicant's property upon development of the plat, the City shall construct the
Traffic Signal and Applicant shall agree to be specially assessed and waive its right
to appeal a special assessment of 100% of the costs of the Traffic Signal. The
current cost estimate of the Traffic Signal is $231,000.00 and shall be indexed
3
using an engineer's index to determine the amount of the special assessment at the
time of the assessment. The Traffic Signal shall be installed when either Wright
County or the City finds that it is in the public's health, interest and welfare to have
the Traffic Signal installed.
\( In lieu of constructing a trail along the north side of the property bordering CSAH
37 upon development of the plat, the City may construct the trail in the future and
the Applicant shall agree to be specially assessed and waive its right to appeal a
special assessment of 100% of the costs of the trail, said special assessment
employing an indexing system similar to that used for the Traffic Signal. The City
Engineer shall provide a current estimated cost at the time of final plat approval.
4. The applicant shall deed Outlot B to the City for use as a sanitary sewer lift station
to be constructed by the City.
5. The applicant shall construct all street, curb, gutter, storm sewer, municipal water,
municipal sanitary sewer, and ponding improvements shown on the attached
exhibits as well as the private drive shown on the Phase 1 Paving Plan with the
initial construction of the plat. Additional drive lanes necessary to support traffic
flow and parking lots necessary for individual buildings shall be constructed with the
corresponding individual building construction.
6. The City shall reasonably maintain the sanitary sewer lines and municipal water
lines and fire hydrants located within publicly dedicated utility easements on Said
Plat, provided, however that in the event it is necessary for the City to excavate any
portion of the easement area to maintain, repair or replace any such lines, the City
shall be obligated to restore the easement area to grade with gravel and the owner
of the property or the Property Owner's Association shall be responsible for
replacing pavement and any improvements above grade.
Planned Unit Development- Conditional Use Permit
1. A motor fuel station/convenience store with car wash in the size, location and
configuration shown on the attached site plan is approved as a conditional use,
subject to the conditions contained herein.
2. No occupancy permit shall be issued for a motor fuel station until either the
applicant constructs a retail building on Lot 1 and an occupancy permit is issued,
or applicant constructs a restaurant of at least 4,000 square feet and an
occupancy permit is issued on Lot 4.
3. All buildings shall be constructed in the locations and configurations shown on the
Site Plan attached as Exhibit A. Developer shall develop the plat consistent with
the plans attached hereto.
4. No building shall be required to receive separate site and building plan
approvals from the Planning Commission and City Council prior to issuance of a _
0
building permit unless the building size is reduced by more than 10% from that
shown on Exhibit A, or the parking, drive lanes, traffic flow or curb locations are
changed from those shown on Exhibit A, or site grading varies from the
approved grading plan (Exhibit B).
5. The proposed sidewalks, crosswalks and overall pedestrian circulation plan
shall be subject to the approval of the City Engineer.
6. The landscaping plan must be revised to indicate the number of each plant
species proposed and the location of each species on the landscape plan. The
landscaping shown along the north property line of Lots 1 and 2, the retaining
walls, the landscape restoration of the stormwater pond in Outlot C, and the
plantings along Street A and the private east/west street shall be installed
during the initial construction of the site. The balance of the landscape plan
shall be installed per lot with each individual site development.
7. Land uses approved with this planned unit development shall be consistent with
the approved PUD site plan as follows:
a. Lot 1 — Any B-3 use
b. Lot 2 — Motor Fuel Station/Convenience Store
c. Lot 3 — Any B-3 use
d. Lot 4 — Restaurant of at least 4,000 square feet in building size; remainder
in any B-3 use
8. Fifty percent (50%) of exterior building finishes exclusive of doors and windows
shall be brick or stone.
9. Applicant shall establish permanent access easements, cross parking
easements, and drainage and utility easements on all lots in a form acceptable
to the City Attorney.
10.Applicant shall establish a property owners association to provide for
maintenance of the private drives, parking areas, pond and public street in a
form acceptable to the City Attorney. The City street shown on the plat shall be
maintained (snow plowing and street sweeping) by the property owners
association until such time as a backage road is constructed east to MacKenzie
Avenue, at which time the City shall then maintain the City street. The City
shall pay a portion of the pond maintenance expense equal to the percentage of
water entering the pond which runs off of the City street.
11.All grading, drainage and erosion control issues shall be subject to the review
and approval of the City Engineer, including the following specific conditions:
a. An entrance permit and/or work within the right-of-way permit from the
County shall be obtained.
5
b. Applicant shall submit all plans and plat to MNDOT for review and
comments, and shall comply with the requirements of MNDOT.
c. Drainage calculations shall be submitted for review and approval of the
City Engineer.
12.The applicant shall enter into the form of the PUD-CUP Development
Agreement approved by the City Council on April 2, 2007 for this project,
subject to the review and approval of the City Attorney and insertion of final
numbers and calculations to be approved by the City Council with final plat
approval.
13. The Developer shall comply with all recommendations and requirements of the
City Engineer as contained in the City Engineer's July 5, 2006 memorandum
review of the plat and site plans.
Adopted by the Albertville City Council this 2"d day of April, 2007.
Attest:
MI
Bridget Miller, City Clerk
City of Albertville
Ron Klecker, Mayor
9
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763,231.2561 planners@nacplanning.com
BOL—TON 8L MAN K, INC_
Consulting Engineers & Surveyors
2638 Shadow Lane, Suite 200 • Chaska, MN 55318
Phone (952) 448-8838 • FAX (952) 448-8805
MEMORANDUM
Date: July 5, 2006
To: Al Brixius, City Planner
Cc: Larry Kruse, City Administrator
Michael Couri, City Attorney
Virgil Hawkins, P.E., Wright County
Linda Fisher, Larkin Hoffman Daly & Lindgren, Ltd.
Shari Ahrens, Westwood Professional Services, Inc.
From: Adam Nafstad, P.E., Albertville Assistant City Engineer
Subject: Phillip Morris Property
Site & Utility Plan Review — Preliminary Plat
City of Albertville, Minnesota
BMI Project No. T15.21660
We have reviewed, the civil plans titled "Preliminary Site Improvement Plans for Albertville
Market Place", prepared by Westwood Professional Services, Inc, dated 6/13/06, and have
the following comments:
General
1. 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.
2. The plans and plat shall be submitted to the State for review and comments.
3. The Developer will be responsible for all construction permits required for the
improvements (sanitary, water, storm water, etc.).
4. No construction activity shall take place on adjacent properties without permission
and/or easement from the respective property owner.
5. Add note to plan stating "All construction shall comply with City of Albertville
engineering standards, the 2000 edition of the MnDOT standard construction
specifications (including supplements), and all MPCA and MN Department of Health
guidelines".
MANKATO, MN • FAIRMONT, MN • SLEEPY EYE, MN • BURNSVILLE, MN • WILLMAR, MN
CHASKA, MN • AMES, IA
An Equal Opportunity Employer
Streets & Boulevards
6. Development should include reconstruction of County Road 37/60th Street NE with a
westbound left turn lane and an eastbound right turn lane, as directed by County.
Constructions plans will be required for review.
7. Signing and striping of the turn lanes, access roads and parking lots shall be in
accordance with the latest edition of the MMUTCD and as required by fire
regulations. The location of the proposed stop sign for vehicles approaching CSAH
37 / 60th Street is not correct. The location of this sign shall be revised per the
MMUTCD and County requirements.
8. The proposed access road within the future City right-of-way shall be designed and
constructed as a 9-ton section, as recommended by a geotechnical engineer. The
following is the City's minimum standard for a 9-ton typical section:
a. 1-1/2" MVWE45030B Bituminous
b. 1-1/2" LVWE45030B Bituminous Binder
c. 2-1/2" LVNW35030B Bituminous Base
d. 8" Class 5 aggregate base (100% crushed)
e. 18" Select Granular Material, MnDOT 3149.213
f. Geotextile fabric — Mirafi 500X
9. Typical sections for the proposed roadways and parking areas shall be included in the
plans.
10. The access road within the future City right-of-way shall be extended an additional
40-feet to allow for access to the lift station site. The location of the curb cut or point
of access to the lift station site will be determined upon completion of design of the
lift station facility.
11. All sidewalks and pedestrian ramps shall meet the requirements of ADA and MnDOT
(truncated domes).
12. All boulevard and green spaces shall be restored with a minimum of 4-inches of
topsoil.
13. Two type 3 barricades at the stub end of the access road shall be installed and noted
on the plans.
Sanitary Sewer and Watermain
14. It is recommended that the City design the required lift station facility. Upon
completion of design of the facility, revisions pertaining to the layout/locations at
which the sanitary sewer main and force main enter Outlot C, may be required.
15. The tie-in/connection to the existing watermain and sanitary sewer shall be labeled on
the plans as "connect to existing - verify in field".
16. Sanitary sewer main shall be SDR 35 or greater and noted on plans.
17. All sanitary sewer service pipe and fittings shall be SDR 26 and noted on plans.
18. An easement over all sanitary sewer and watermain will be required. The easement
shall be a minimum of 20-feet in width and extend a minimum of 10-feet on each side
of both sanitary and water mains.
19. Gate valves shall be added at the following locations:
a. At the south leg of the tee adjacent to CBMH-13.
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b. At the east leg of the tee just south of the connection to the existing main.
c. At the north leg of the tee adjacent to MH-105.
20. Tracer wire access boxes (valve boxes lettered SEWER) shall be installed at 300-foot
intervals along the force main. 8-gauge solid coated copper tracer wire shall be
installed along all force main and shall surface at all access boxes (note on plans).
21. If the buildings will have sprinkling type fire protection, separate water shutoffs and
services for the fire line and for the domestic line will be required, as well as,
easement over services and their shutoffs.
22. Hydrant spacing and water supply shall meet the requirements of the latest version of
the Minnesota State Fire Code and that of Albertville's Fire Chief.
23. All watermain shall be PVC C9000 and fittings shall be epoxy coated, and noted on
plans.
24. 8-gauge solid coated copper tracer wire shall be installed along watermain and
surface through all gate valves and attached to the bottom flange of all hydrants (note
on plans).
25. Gate valve adaptors for valve boxes and nut extensions shall be required and noted on
plans.
26. Note on plans that all watermain shall have a minimum of 7.5-feet of cover.
27. Note on plans that a minimum of 3-feet of separation is required at all sewer and
water crossings.
28. A hydrant shall be added south of CBMH-6a.
29. A temporary hydrant shall be added at the end of the watermain in place of the plug.
30. The proposed sanitary sewer clean -out for building C, shall be located in a boulevard
or green space, or replaced with a manhole.
31. Repair to existing manhole invert and/or bench shall be performed as required and noted
on plans.
Grading, Drainage & Erosion Control
32. Proposed drainage calculations and pre- and post -development drainage area maps, that
include pre- and post -development impervious calculations, shall be submitted for review
and approval.
33. HWL of adjacent wetland shall be identified (all low floor elevations shall be a
minimum of 2' above HWL).
34. Pond outlet skimmer structure shall have submerged inlet and details of structure
shall be included on plan.
35. Guardrail/fence will be required along top of retaining walls adjacent to parking
stalls.
36. A drainage and utility easement over the pond shall be provided and recorded.
37. No wetlands and/or impacts to non-exempt wetlands are indicated on plans. Developer
shall be responsible for any disturbances to adjacent wetlands caused by development of
site.
38. Developer shall submit a copy of storm water permit application (including SWPPP) and
permit to City.
39. A stabilized emergency overflow for the pond shall be designed and incorporated into the
plan.
40. Drop -in style inlet protection shall be installed in all catch basins and maintained as
required, until all turf has been established.
Please let me know if you have any questions.
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4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231 .2555 Facsimile: 763.231 _2561 planners('cPnacplanning.com
MEMORANDUM
TO: Larry Kruse
FROM: Alan Brixius / Laurie Shives
DATE: July 6, 2006
RE: Albertville — Albertville Marketplace-, Preliminary Plat, PUD-CUP,
Site and Building Plan Review
FILE: 163.05 — 06.15
BACKGROUND
Phil Morris, along with his development team, has submitted a PUD-CUP and
preliminary plat for the property located in the southeast quadrant of CSAH 37 and
Interstate 94. The proposed development is to be known as Albertville Marketplace and
consists of various retail and commercial uses including a bank, motor fuel station and
car wash and drive through service lanes.
The City has reviewed two previous PUD Concept Plans for the subject site in August
2003 and May 2004. The concept plan currently being presented appears to be much
more intense in terms of number of buildings, proposed building floor area and traffic
circulation. Both concept plans previously submitted offered more green space, greater
building and parking area setbacks. The current proposal indicates five new
commercial buildings with a total of 29,100 square feet of floor area with an integrated
village design. Previous concept plan submittals in 2003 and 2004 for the subject site
consisted of three buildings totaling approximately 26,700 square feet of floor space and
two buildings totaling 24,300 square feet of floor space, respectively. While the site
plan is more intense, the proposal appears to be in line with B-3 Zoning requirements.
The City Staff reviewed a Concept Plan for the subject site in May 2006. The applicant
has made several revisions in response to City staff and City officialscomments
following review of the concept plan In addition to the submission of revised site and
building plans, the applicant has included the submission of a traffic study concerning
traffic generation and circulation patterns for the proposed development.
The site is currently vacant and is zoned B-3, Highway Commercial. The applicant is
requesting a PUD_CUP in order to allow for the proposed mix -of _-uses including motor
fuel sales, a car wash and a drive through which are conditional uses in the B-3 Des ncT
and the establishment of lots w is ono ave erect access to a public street.
Attached for reference:
Exhibit A
— Existing Conditions
Exhibit B
— Preliminary Plat
Exhibit C
— Site Plan
Exhibit D
— Grading, Drainage and Erosion Control Plan
Exhibit E
— Utility Plan
Exhibit F
— Lighting Plan
Exhibit G
— Landscape Plan
Exhibit H
— Building Elevations & Signage
Exhibit I —
Project Narrative
Exhibit J —
Westwood Traffic Analysis
Exhibit K
— Engineer Review
ANALYSIS
Preliminary Plat
The applicant is proposing to subdivide the 11.97 acre site into four lots and three
outlots. The proposed lot areas meet the requirements of the B-3 Zoning District. The
proposed lots have irregular shapes; however, the design of the lots has been planned
around the internal private street layout. The proposed lots must have cross access
and ingress/egress easements recorded as part of the PUD Development Agreement to
ensure that traffic can flow from one lot to another utilizing the proposed internal streets.
Outlot A is proposed to be overlaid with a drainage and utility easement and dedicated
to the City for preservation of the existing wetland. Outlot B must be dedicated as
public street right of way for the future construction of an access street through the
Potter property and connected with MacKenzie Avenue NE. Outlot C shall contain a
sanitary sewer lift station.
Zoning: The subject site is zoned B-3, Highway Commercial District and the proposed
motor vehicle oriented, commercial and service uses are permitted uses and permitted
conditional uses in the B-3 District. The subject site is guided for future commercial
uses as designated by the City's Comprehensive Plan. The applicant is requesting a
PUD-CUP to allow for the subdivision of the site into lots which do not have access to a
public road and to allow for multiple drive through lanes and gas sales. Drive through
lanes and gas sales are conditional uses within the B-3 District.
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The 2003 PUD Concept approval stipulated that motor fuel sales would be acceptable
for the site, provided it would be preceded by the construction of a sit-down restaurant.
Staff advises that this condition should be a condition of approval for the current
proposal as well.
Access: The subject site is proposed_to access off of CSAH 37. This access location
does not meet the County.'s_ intersection spacing requirements, however, the County is
moving the full access noting that as ttie area continues to develop and traffic
volumes increase, future street designs may require this access to be changed to aright
in/right out only access. The City offers no assurances that direct, full access to CSAH
37 will be maintained in the future and therefore an alternate access is necessar The
City is proposing a backage road extending to a south and east of the subject and
connecting with MacKenzie Avenue. As a condition of approval, the applicant shall
contribute to the construction of a backage road accessing off MacKenzie Avenue to
provide additional future access to the site. The site plan indicates a future roadway
extension of the proposed site access road shown as Outlot B. Outlot B shall be platted
as public street right-of-way.
Open Space and Park Dedication: Outlot A, a total of 4.47 acres, will remain as
permanent open space as it contains a delineated wetland. According to the applicant,
approximately 63 percent of the total site acreage will remain as open space. The
applicant is not proposing to dedicate any land to the City for the purpose of creating
parks or trails. As such, the applicant shall be required to pay a cash fee in lieu of land
to satisfy park dedication requirements equivalent to $7,500 per buildable acre for a
total fee of $43,500. Park dedication fees are to be paid at the time of final plat.
Site Plan Review
Lot Area and Setbacks: The B-3 District does not have a minimum lot area
requirement. Setback requirements for the B-3 District as well as those being proposed
by the applicant are shown in the table below:
Setbacks
Parkin Setbacks
Front Yard
Side Yard
Rear Yard
Front Yard
Side/Rear
Wetland
Yard
Setback
Required
35 feet
20 feet
20 feet
10 feet
5 feet
30 feet
Proposed
35 + feet
20 + feet
20 + feet
10 feet
5 feet
30+ feet
As shown in the table, the proposed site plan is consistent with the setback
requirements for the B-3 District.
Lot Coverage: Within the B-3 District, a maximum of 80 percent of the total lot area is
permitted to be covered by impervious surfaces. According to the submitted site plans,
the subject site encompasses 7.16 acres in total developable area (not including the
wetland and wetland buffer areas). There is a total of 4.34 acres of impervious surfaces
proposed on the site, which translates to a total of 61 percent impervious surfaces. As
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such, the proposed development is compliant with the maximum lot coverage
requirements of the B-3 District.
Vehicle Circulation: The applicant has submitted a traffic study conducted by
Westwood Professional Services. The traffic study includes diagrams of the subject site
showing the accommodation of a 50-foot semi tractor trailer circulating throughout the
entire site as well as a 67-foot semi tractor trailer/tanker truck circulating throughout the
proposed gas station site.
The gas station parking area's north entrance shall be signed to prohibit traffic from
exiting at this location. This northern -most curb cut shall be for ingress traffic to Lot 2
only.
Pedestrian Circulation: The site plan indicates the addition of sidewalks along the
building storefronts of Buildings A, B, C and E to promote the village design of the
project. The developer shall provide designated crosswalk areas to accommodate safe
circulation of pedestrians from building to building. The City's Park and Trail Plan
adopted in 1997 identifies a future pedestrian trail segment along CSAH 37. The
applicant shall construct a trail along the subject site's frontage to CSAH 37 or shall
establish an escrow for the purposes of constructing the trail in the future.
Traffic Generation: The submitted traffic study indicates that the proposed project will
produce an estimated 5,482 trips per day, with the gas station/convenience store
generating the majority of the trips (59 percent). The study also advises that the
proposed traffic generation for the site is substantially less than proposed traffic
generation for previous site concepts. Trip generation for the proposed site
development submitted in 2004 was a total of 6,274 daily trips, which is 792 trips (14
percent) more than what is currently being proposed.
Off -Street Parking: The submitted site plans indicate the addition of 197 parking
spaces, including 12 handicap accessible spaces. Given the proposed restaurant, gas
station and convenience store and bank and the requirements of the Zoning Ordinance,
the proposed number of parking spaces for those uses appears to be adequate.
It is assumed that Buildings A and B will have multiple tenants and therefore those
buildings shall be held to the parking requirements for shopping centers as stated in
Section 1200.9 of the Zoning Ordinance. Given that the total proposed leasable area
for Buildings A and B totals 15,600 square feet, the applicant shall provide 5.5 parking
spaces per 1,000 square feet for a total of 77 parking spaces.
The applicant has shown a total of 77 parking spaces to be shared by Building A and
Building B, as required. The site plan also indicates eight "proof of parking" stalls within
Lot 2 for the proposed motor fuel station. The applicant may be required to establish
this parking area if it is determined by City staff and officials that additional parking is
necessary to accommodate vehicles visiting the site.
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Off -Street Loading: The submitted site plans indicate the location of loading areas for
Buildings A, C and D. The applicant is required to demonstrate the location of off-street
loading areas for each proposed building on the subject site and, as such, the site plans
must be revised to indicate loading areas for Buildings B and E. Off-street loading
areas are subject to the provisions outlined in Section 1300 of the Zoning Ordinance.
The proposed site plan does not indicate the locations of the underground fuel tanks
which will presumably be accessed by large fuel tanker trucks. The site plan shall be
revised to identify fuel tank locations for the proposed gas station.
Drive -through Service Lanes: The applicant is proposing a total of three separate drive
through uses. The two proposed drive through lanes shown on Lot 1 will be single lane,
while the drive through for the proposed bank shown on Lot 3 will have two lanes.
Section 4400.4.H.1 of the Zoning Ordinance requires at least 120 feet of stacking space
is required for a single lane drive through. The submitted site plan indicates the
required 120 feet of stacking space for the single lane drive through lanes proposed for
Buildings A and B. The site plan also shows 60 feet of stacking space for each drive
through lane proposed for the bank (Building E), as required.
The drive through design for the drive through lanes proposed for Building A and
Building B has been revised to allow for better circulation and operation in response to
City staff's comments on the proposed concept plan. The applicant is also proposing to
add additional signage and striping to direct traffic in and around the proposed drive
through lanes. All drive through service lanes shall meet the conditional use
requirements for drive through uses shown in Section 4350.4.G of the Zoning
Ordinance.
Building Materials: The site plans indicate that the proposed buildings will be similar in
design and exterior materials. Architectural interest will be provided by the varying
rooflines and the proposed awnings and sun screens located above windows and
building entrances. The primary exterior building materials will be brick, EFIS and rock
face block in earth tone colors. The proposed materials and building design is
consistent with the requirements of the Zoning Ordinance. Architectural design
standards and guidelines have been submitted as a part of the proposed building
elevation drawings. These design standards and guidelines shall be made a part of the
PUD-CUP Development Agreement. The applicant has submitted preliminary
renderings of the proposed buildings, however, each building, prior to issuance of a
building permit, must be reviewed by the City through the site and building plan review
process.
Trash Enclosures: The submitted site plans indicate the location of trash enclosures for
the proposed gas station and multi -tenant retail buildings. The site plan indicates that
the proposed restaurant will have an interior trash storage room located adjacent to the
loading area. The applicant shall also provide trash enclosure detail for the bank
building. Building elevations shall be revised to show trash enclosure detail. Trash
enclosures for the subject site shall be of masonry construction and shall complement
5
the building materials and design of the principal building. All proposed trash
enclosures shall be consistent with the requirements of Section 5-7-3 of the City Code.
Lighting: The applicant has submitted a lighting plan indicating the addition of 30 single
and back-to-back mounted, shoe box style exterior lights. The proposed lights will be
30 feet in height including the concrete mounting base which is consistent with
Ordinance requirements. The submitted lighting plan also indicates the proposed
photometric calculations for the site. Section 1000.10.D of the Zoning Ordinance states
that no light source shall cast light on a public street in excess of one foot candle as
measured at the right-of-way line. The submitted lighting plan shows metric readings
over one foot candle in several locations outside of the property boundary. The
proposed lighting plan shall be revised to show compliance with Section 1000.10 of the
Zoning Ordinance.
Signage: Detailed signage plans were submitted with the proposed PUD-CUP and
preliminary plat application. The plans indicate the addition of a 164 square foot
monument sign location at the site entrance off of CSAH 37 and two 120 square foot
pylon signs located at the northwest and southwest corners of the site adjacent to
Interstate 94. In the past, the City has allowed larger pylon signs for multi -use shopping
center developments such as the subject site. Albertville Crossings was permitted to
have a freestanding pylon sign with a total of 250 square feet of sign area on either side
of the sign. City staff feels that the applicant should be allowed to have two 120 square
foot pylon signs as proposed.
Additionally, the submitted plans indicate a monument sign for the proposed
convenience store/fuel station and a monument sign for the proposed bank. However,
Section 10-7-8.A.3 of the City Code allows only one ground sign per lot. The site plan
shows the proposed entrance ground sign as well as the ground sign for the
convenience store/fuel station both located within Lot 2. The applicant shall eliminate
the proposed entrance ground sign and revise the signage plan to indicate one ground
sign for each lot. Individual lots are permitted to have one ground sign 12 feet in height
and totaling no more than 80 square feet.
The proposed signage plan also includes wall signs for each of the proposed retail uses
within Buildings A and B. The submitted plans indicate that the proposed signage will
be located on both the front and rear sides of the building. Wall signage shall not
exceed 15 percent of the tenant bay fagade. As shown in the submitted plans, the walls
signs are compliant with Code requirements.
The site plans indicate the addition of several directional signs to accommodate traffic
circulation throughout the site. The location of these traffic signs as well as the need for
any additional traffic signs shall be subject to the review and approval of the City
Engineer.
Landscaping: The submitted landscape plan shows significant landscaping given the
nature of the proposed uses and the site design. The applicant has provided additional -
C
landscaping in the form of shrubs, overstory trees and evergreen plantings along the
east property line to establish screening/buffering from the existing cemetery adjacent to
the site in response to City staff comments.
The applicant has provided noteworthy landscaping and parking area buffering along
the parking area boundaries. Additional landscaping is necessary, however, to provide
this same level of screening along the south parking area perimeter to provide sufficient
screening of the parking area from cars traveling north on Interstate 94.
The applicant is also proposing to install over 3,000 square feet of rain gardens located
within the proposed parking lot median between Building A and Building C as well as
within an open area to the northeast of Building C.
The landscaping plan must be revised to indicate the number of each plant species
proposed and the location of each species on the landscape plan.
Grading Drainage and Erosion Control: The applicant has submitted revised grading,
drainage and erosion control plans. The plans have been revised to show retaining
walls along the southwest portion of the site ranging from two feet to three feet. This is
an improvement over the previously proposed retaining walls that were four feet and
higher. All grading, drainage and erosion control matters shall be subject to the review
and approval of the City Engineer.
RECOMMENDATION
The applicants are proposing to construct five buildings with a total floor area of 29,100
square feet. The number of buildings, as well as the proposed amount of total floor
area, is greater than previous submittals for the subject site. However, the site
maintains consistency with Ordinance requirements and the developer has revised
plans to respond to issues raised by our review of the Concept Plan. As such, we
would recommend approval of the PUD-CUP preliminary plat for Albertville Marketplace
as shown on the submitted plans dated June 13, 2006, subject to the following
conditions:
Preliminary Plat Approval:
1. Outlot B shall be dedicated as public street right-of-way.
2. A drainage and utility easement shall be dedicated over all of Outlot A and Outlot
C.
3. The applicant shall be required to contribute to the construction of a backage
road intersecting with MacKenzie Avenue south of the existing cemetery to
provide additional future access to the subject site.
4. The applicant shall be required to pay a cash fee in lieu of land to satisfy park
dedication requirements totaling $43,500 at the time of final plat approval.
5. The applicant shall construct a trail along the north side of the property bordering
CSAH 37 or shall put monies an escrow or enter into an assessment waiver
agreement for trail construction at a later date, subject to City staff approval.
PUD-CUP Approval:
1. Designated crosswalk areas shall be provided to accommodate safe circulation
of pedestrians from building to building, subject to the approval of the City
Engineer.
2. Site plans must be revised to indicate off-street loading areas for Building E or
applicant must demonstrate that a loading area is not necessary when individual
site and building plans are submitted.
3. The site plan shall be revised to identify fuel tank locations for the proposed gas
station.
4. The gas station parking area's north entrance shall be signed to deter traffic from
exiting at this location.
5. Applicant shall provide trash enclosure detail for Building E. --
6. Building elevations shall be revised to show trash enclosure detail.
7. The proposed lighting plan must be revised to show compliance with Section
1000.10 of the Zoning Ordinance.
8. Additional landscaping shall be provided along the southwest parking area
perimeter to offer sufficient screening of the parking area from cars traveling
north on Interstate 94.
9. The landscaping plan must be revised to indicate the number of each plant
species proposed and the location of each species on the landscape plan.
10. All grading, drainage and erosion control issues shall be subject to the review
and approval of the City Engineer.
11. Construction of a motor fuel station shall not occur until the proposed restaurant
or retail building is constructed on the subject site.
12. Each proposed building shall be required to receive separate site and building
plan approvals prior to issuance of a building permit.
E:11
13. The applicant shall enter into a PUD-CUP Development Agreement outlining the
conditions of approval and the development allowed on the site, subject to the
review and approval of the City Attorney.
PC. Mike Couri, City Attorney
Bridget Miller, City Clerk
Adam Nafstad, City Engineer
Jon Sutherland, Building Official
Linda Fisher, Larkin Hoffman Daly & Lindgren Ltd.
Shari Ahrens, Westwood Professional Services, Inc.
Neil Weber, Weber Architects & Planners
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