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2006-03-06 CC Agenda PacketL Albertville aum . ft 0tv Ufa. ALBERTVILLE CITY COUNCIL AGENDA MARCH 6, 2006 7:00 PM 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 3. MINUTES A. February 21, 2006 City Council minutes (pgs. 5-12) 4. CITIZEN FORUM — (10 Minute Limit) • 5. CONSENT AGENDA A. Approve payment of claims check numbers 22587-22608 (pgs. 13-16) B. Liquor License Renewals 1). Off -Sale Liquor License a. C. L. Gentile Inc. (Geez Sports Bar & Grill) b. Westside Liquor, Inc. C. Hackenmueller's Inc. (Hack's Liquor Store) 2). On -Sale Liquor Licenses a. C. L. Gentile Inc. (Geez Sports Bar & Grill) b. D. Michael B's Il Inc. C. Major's Sports Cafe 3). Special Sunday On -Sale Liquor License a. C. L. Gentile Inc. (Geez Sports Bar & Grill) b. D. Michael B's 11 Inc. C. Major's Sports Caf6 4). On -Sale Wine License a. Hong Thai Inc. 5). On -Sale 3.2% Malt Beverage a. Hong Thai Inc. C. Move to authorize purchase of a portable generator from Ziegler Cat at a cost not to exceed $69,600 with funds coming from the Sewer Access Charges (SAC) Account which has $3,228,398 of unreserved fund balance (pg. 17) • 1 D. Move to Authorize the City to contract with Flanagar Sales Inc to purchase and install a 20' x 20' all steel gazebo for the Albert Villas Park at a cost not to exceed $12,478.with funds coming from the Park Dedication Account which has $276,120 of undesignated funds (pg. 19) E. Move to pass Resolution Number 2006-XX entitled "A Resolution requesting Federal Transportation Funding for Interstate 94 Access and Safety Improvements at CSAH 19 and CSAH 37 in the City of Albertville. Move to authorize the Mayor and City Clerk to sign a one year contract with the Tinklenberg Group to lobby for 1-94 Federal Funding in the amount not to exceed $36,000 to be paid on a monthly basis, with funds expended to the 1-94 Interstate Project account (pgs. 21-25) 6. ACTION ON PULLED CONSENT ITEMS 7. DEPARTMENT BUSINESS A. Public Works Department 1). Public Works — Parks Maintenance Report (pg. 27) 2). New Public Works Employee - Ryan Zachman B. Finance Department 1). Accounts Receivable Update (pgs. 29-30) 2). Project Status Update (pg. 31) so C. Planning and Zoning 1). State Bank of Long Lake (pgs. 33-47 , plus full set of plans attached for Council) a. Site and Building Plan Review b. Resolution No. 2006-12 2). Sign Ordinance Amendment (pgs. 49-55) a. Ground Signs and Grand Opening Signs b. Ordinance No. 2006-04 3). Zoning Ordinance Amendment (pgs. 57-61) a. Land Excavation and Filling b. Ordinance No. 2006-05 D. Engineering E. Legal 1). Assignment of Karston Cove Third Addition Developer's Agreement (pgs. 63-66) 2). Prairie Run — PUD Amendment to the Developer's Agreement to Release Occupancy Permits (pgs. 67-70) 3). Amendment to Albertville Crossings Third Agreement (pgs. 71-74) J Oil r� F. Administration 1). Tinklenberg Brochure (pg. 75-78) 2). Set March 20, 2006 as date for Public Hearing for Eull Concrete Tax Increment Financing 3). Set date for Groundbreaking of City Hall Construction 4). Set March 16, at 5:30 for Ribbon Cutting for Grand -Opening of Ice Arena Locker Room 5). Authorize the Mayor and City Clerk to sign an Option Agreement to purchase the three parcels of railroad property with a closing date within 120 days. 6). Set an 1-94 Council Workshop in the next couple weeks. (Any day but March 16th) 8. ADJOURNMENT 0 Albertville ALBERTVILLE CITY COUNCIL February 21, 2006 Albertville City Hall 7:00 PM PRESENT: Acting Mayor LeRoy Berning, Council members Ron Klecker, Tom Fay, and John Vetsch, City Attorney Mike Couri, City Engineer Mark Kasma, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, City Tech Engineer Bill Douglas, and City Clerk Bridget Miller ABSENT: Mayor Don Peterson Acting Mayor Berning 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 Klecker, seconded by Council member Fay to approve the agenda as presented and on file in the office of the City Clerk. Motion carried unanimously. MINUTES MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the February 6, 2006 regular City Council minutes as presented and on file in the office of the City Clerk. Motion carried unanimously. CONSENT AGENDA MOTION BY Council member Fay, seconded by Council member Klecker to approve the consent agenda as presented. Motion carried unanimously. A. Approve payment of claims check numbers mailed out separately B. Approve SEH's recommendation for Application for Payment No. 5 for 2005 Ice Arena Locker Room to KUE Construction in the amount of $107,329.10 C. Approve SEH's recommendation for Application for Payment No. 9 for Wastewater Treatment Plant Expansion to Gridor Construction in the amount of $244,620 D. SEH's recommendation for Application for Payment No. 6 (FINAL) for 2004 School Pedestrian and Bike Path to Buffalo Bituminous in the amount of $25,595.15 E. Approve Bolton & Menk's recommendation to reduce the Letter of Credit for Towne • Lakes 6th Addition from $16,000 to be released in full WRIGHT COUNTY SHERIFF REPRESENTATIVE S Due to miscommunications a representative was unable to attend. DEPARTMENT BUSINESS CITY CLERK City Clerk Miller informed the Council that Space Aliens has applied for their On -Sale, Special Sunday, and 2:00 a.m. closing Liquor Licenses. A background check has been completed by the Wright County Sheriff's Department, which came back with no records. Miller went on to explain this is a new application and requires additional time to process. The State of Minnesota would conduct background checks as well. Miller pointed out that the applicant will be required in 2007-2008 to amend their Certificate of Insurance to reflect the dates according to the Albertville Municipal Code Liquor License dates of April 15 to April 15. A Council member directed staff to check with the County or the State to do a background check with the State of North Dakota. MOTION BY Council member Fay, seconded by Acting Mayor Berning to approve the On -Sale Liquor, Special Sunday Liquor and 2:00 a.m. closing application for Space Aliens Grill and Bar contingent on the background checks with the State of Minnesota and North Dakota. Motion carried unanimously. PUBLIC WORKS DEPARTMENT Purchase Toro Lawn Mower City Administrator Kruse reported that PW Supervisor Guimont was unable to attend the meeting but did include pamphlets in the packet for the Toro mower he would like to purchase. In 2005, the PW staff had the opportunity to test a number of mowers and the Toro mower appeared to be the best to meet the needs of the City. More detailed information was presented in the last council packet. The Toro mower is available on the State of Minnesota Contract. The price of the mower is $41,832 plus tax. MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the purchase of the Toro lawn equipment in the amount of $41,832 plus tax with the funds budgeted for the equipment. Motion carried unanimously. Parks Committee Candidates Acting Mayor Berning confirmed the candidates were invited to attend the meeting. Denise Prow called to inform us she was unable to attend. Berning then inquired if there were any other candidates present. Marjorie Hart approached the podium to introduce herself and answer questions or concerns the Council may have. is • 1 Acting Mayor Berning stated there are currently two members on the Committee, PW Supervisor Guimont, Mayor and Council member serving. According to the Rules established with the Committee, there are two vacancies to fill. MOTION BY Council member Fay, seconded by Council member Vetsch to approve appointing Majorie Hart to the Parks and Recreation Committee. Motion carried unanimously. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve appointing Denise Prow to the Parks and Recreation Committee. Motion carried unanimously BUILDING DEPARTMENT Building Permit Activity City Administrator Kruse reported the Building Department remains busy with plan reviews and inspections. Storm damage continues to create a high number of additional permit applications and other related workload. Council inquired how much time is allowed for a homeowner to repair damage to their home from the fall 2005 storm. Council further asked if there any City Ordinances that staff or the City could enforce to encourage the homeowners to repair the damage. Kruse reported that most homeowners appear to be moving forward making necessary repairs • and that the City has received no complaints regarding unsightly properties. Kruse is unaware that the City has any ordinance which would force homeowners to shingle or fix the siding a it is more cosmetic. City Attorney Couri stated he would review the 2005 Municipal Code relating to a timeline for repairs to be completed. Rental License Applications Council inquired about Rental Dwellings within the City of Albertville. Is there a limit to the amount of rental dwellings allowed or is there a possibility the City could restrict future developments from rental units becoming available. City Administrator Kruse informed the Council that the City does require a Rental License for the dwellings and inspections are done every two -years. He would look into the number of rental licenses approved within the City of Albertville, especially in the Kollville Estates Development and report back to the Council at a later date. ENGINEERING Prairie Run (discussion item only) Assistant City Engineer Nafstad reported that staff has been evaluating compliance of constructed and proposed low floor and low opening elevations of buildings in the Prairie Run Development. Bolton and Menk, Inc. has calculated the 100 year high water elevation of the wetland/drainage basin abutting the development to be 950.9. Upon reviewing the plat, it is believed that there are approximately 7-8 lots in which the homes do not comply with city • requirements, of which 3-4 homes have been issued certificates of occupancy. 7 City Attorney Couri informed the Council members that staff is working with Dean Johnson of . Gold Key, to correct the lots which do not have certificates of occupancy. Couri further stated that the residents of the lots that have occupancy permits would be notified in some form as to the 100 year flood elevation and the amount of freeboard their home(s) has above the 100 year flood. Assistant City Engineer Nafstad recommended the City formally adopt the 950.9 as the determined 100 year flood elevation for this plat. Nafstad further recommended that the low floor elevation of the homes yet to be constructed be a minimum of 953.5. City Attorney Couri to draft a PUD Amendment for the Prairie Run Development to present to the Council at the March 6, 2006 Council meeting, which will include an exhibit showing the constructed and proposed low floor elevations of homes adjacent to the wetland. Flood Stud (discussion item only) City Engineer Kasma stated that this is an item for discussion and no action is expected at this time. Kasma reported that staff has reviewed the 2003 Flood Study conducted by SHE and has explored several methods of correcting the flooding problems. BMI Water Resource Specialist, Bill Douglas began by identifying the watershed boundary lines, which are noted in the 2003 Flood Study. He noted approximately 636-acres of the watershed passes through the Albert Villas area, and eventually drains to County Ditch 9. Staff believes the most feasible method to correct the flooding, is to detain the water west of the Albert Villas area. • Staff has drafted up five (5) Options to resolve the problems. Council inquired about how the City could creatively assess the project since the land being considered for purchase is not within the City of Albertville. City Attorney Couri agreed this would take some coordination to get around the assessment. There is a possibility the City could do a partial assessment, but to figure or calculate will be a very difficult process. It is easier to assess when you have street, storm water or a water improvement project. The main area affected by the flooding issue is the Albert Villas, to expand beyond this area would be very difficult to assess. Council wanted to know what the balance of the Stormwater Account was and stated the City could use these funds to assist with the financing of this project. City Administrator Kruse informed the Council there is about $400,000 in the Stormwater Account. City Attorney Couri confirmed that the Council could use some of these funds to finance the Flood Study implementation project. Staff requested authorizations to work with the STMA School District and property owners to explore additional options that would benefit both the School District and the City. • Council directed staff to eliminate Option No. 4 and Option No. 5 from further consideration and to focus on Options 1 — 3, maximize mitigation within Albertville and continue to work to minimize detention pond size. MOTION BY Council member Vetsch, seconded by Council member Klecker to authorize staff to continue working with the STMA School District, St. Michael property owner Montgomery, St. Michael property owner Lafarve, and the City of St. Michael to narrow down the options available to relieve some of the flood issues within the City limits. Motion carried unanimously. LEGAL 2005 Municipal Code — Alcohol Consumption on City Property — Ordinance No. 2006-03 City Attorney Couri reported the Ordinance before you is to clarify the intention of the Council regarding the consumption of alcoholic beverages in City parks as well as parking lots within the boundaries of City parks and to prohibit the issuance of Liquor Licenses to applicants who have failed to pay fines, fees and charges owed to the City. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve Ordinance No. 2006-03 entitled (an Ordinance Modifying City code Sections 4-1-10 and 5-1-8). Motion carried unanimously. Hunter's Pass Outlot A Easement City Attorney Couri stated this is a basic Easement Agreement between the Hunters Pass Estates Homeowners Association and the City of Albertville. The easement grants to the Association a perpetual, non-exclusive easement for purposes of installing and maintaining a monument sign over, across and upon that portion of the Property shown on Exhibit A. The Association shall be responsible for maintaining the improvements and shall keep the easement mowed in accordance with City ordinances at all times during which the improvements are in place. In the event the Association fails to maintain the improvements and the easement, then, following seven (7) days written notice to the Association, the City shall have the right, but not the obligation, to: a) maintain the improvements and the easement; or b) remove the improvements and restore the turn within the easement. In such event, the City may bill the Association for the City's costs of such maintenance and/or removal, and the Association shall reimburse the City for all such costs with thirty (30) days of receipt of the City's billing. In the event the City removes improvements, the improvements shall become the property of the City and the City shall have the right to dispose of the improvements in any manner it sees fit without paying compensation to the Association for the loss of the improvements. MOTION BY Council member Fay, seconded by Council member Klecker to approve the Hunter's Pass Outlot A Easement. Motion carried unanimously. ATL 40-acre Draft Purchase Agreement City Attorney Couri informed the Council this is an Option Agreement to Purchase a 40-acre parcel of land from ATL, Inc. • 9 City Attorney Couri pointed out that the purchase price for the property described in the agreement shall be $40,000 per acre, which shall be paid by Purchaser within 60-days of the • exercise of this option by Purchaser. Also, upon exercise of this option, Purchaser shall have the right to enter upon the property for inspection and testing purposes. Purchaser may terminate its obligations under this option, including its obligation to close on the Property after exercise of this option, in the event hazardous substances or pollutants as defined by state or federal law are found to be on or in the Property. Couri would amend this section to include taking soil borings on the property. City Administrator Kruse reported the most the City would financial forfeit would be the $5,000 to enter into the agreement. Once staff has obtained the test results and would continue to work with the STMA School District and the City of St. Michael to work out more of the details on negotiating the purchase of the land. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve the City enter into the Purchase Option for the 40-acre parcel with a $5,000 deposit; to continue to work with the STMA School District and the City of St. Michael; and to work with the STMA School District on how much land they need in relation to what Albertville needs for flood mitigation. Motion carried unanimously. ADMINISTRATION I — 94 / Knechtl Purchase City Administrator Kruse updated the Council regarding the purchase of the Knechtl property. Mr. Knechtl declined our offer to purchase his land. Staff will continue to negotiate a settlement with him by May 2nd deadline when the moratorium expires. Eull Concrete Building — TIF Addendum City Administrator Kruse presented a draft Tax Increment Financing (TIF) Development Program for the Eull Concrete site currently owned by Roger Negaard. The proposed 15,000 square -foot commercial development would have an estimated value of $1.5 million and generate an estimated $23,000 per year in TIF revenue. The budget has been designed to have quite a bit of flexibility as the City firms up it's plans and better understands the needs of the developer. The City Council will be asked to set a public hearing date at the next City Council meeting. WWTF Update City Administrator Kruse noted that SEH is looking for Council approval to obtain quotes for providing and planting the reeds, which was not included in the original construction contract of the Wastewater Treatment Plant Phase 2 Expansion. The cost for the reed planting is not to exceed $50,000. The City can obtain services and materials under $50,000 through direct quotes in lieu of the public bidding process. • 10 • MOTION BY Acting Mayor Berning, seconded by Council member Fay to authorize SEH to obtain quotes for reed planting services outside of the construction contract eliminates the general contractor's markup at a cost not to exceed $50,000. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Klecker, seconded by Council member Vetsch to adjourn at 10:15 p.m. Motion carried unanimously. • 40 11 •A�Ibcrtvillcif City of Albertville Check Detail Register March 6, 2006 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 022587 3/6/2006 AFLAC G 101-21710 Other Deducations $16.16 131690 AFLAC Insurance Prem Total AFLAC $16.16 Paid Chk# 022588 3/6/2006 CARQUEST E 101-43100-404 Repair/Maint - $107.42 D2396 oil filters, air filters, fuel E 101-43100-404 Repair/Maint - $46.49 D2403 anti seize lube, UV Cable tie, E 101-43100-404 Repair/Maint - $175.32 D2452 Oil Filters, Fuel Filters, Air E 101-43100-404 Repair/Maint - $368.98 D2453 Air Filters, fuel filters, oil E 101-43100-404 Repair/Maint- $9.06 D2455 Oil Filter E 101-43100-404 Repair/Maint - $108.05 D2456 spin -on trans fil, air filters E 101-43100-404 Repair/Maint - ($190.32) D2473 return for credit on filters E 101-43100-404 Repair/Maint - $52.99 D2544 Light repair, tie rod end E 101-43100-404 Repair/Maint- $81.62 D2735 tie rod end E 101-43100-215 Shop Supplies $11.32 D2741 tie rod separator Total CARQUEST $770.93 Paid Chk# 022589 3/6/2006 DJ'S TOTAL HOME CARE CENTER E 101-42000-200 Office Supplies (GENERAL) $2.90 finance charge E 101-42000-200 • Office Supplies (GENERAL) $15.06 8376 hardware, finish wash nkl, cli E 101-42000-200 Office Supplies (GENERAL) $22.44 8633 tape mounting, clip board, anc E 101-42000-200 Office Supplies (GENERAL) $21.45 8966 de-icer, bulbs Total DJ'S TOTAL HOME CARE CENTER $61.85 Paid Chk# 022590 3/6/2006 ELAN FINANCIAL SERVICES E 101-41400-208 Training and Instruction $140.00 annual conf BM E 101-41500-208 Training and Instruction $8.88 monthly mtg TILL E 101-41400-200 Office Supplies (GENERAL) $9.59 supplies E 101-45100-208 Training and Instruction $50.00 Conf TG Turf & Ag E 101-41400-200 Office Supplies (GENERAL) $67.40 Supplies E 101-41400-200 Office Supplies (GENERAL) $108.05 supplies E 101-41300-321 Telephone $242.81 new phone LK E 101-41400-200 Office Supplies (GENERAL) $24.79 supplies E 101-41300-208 Training and Instruction $8.40 monthly meeting LK E 10141300-331 Travel Expenses $341.16 conf LK E 602-49400-208 Training and Instruction $125.00 Conf JM Rural wtr E 602-49400-208 Training and Instruction $200.00 Conf JM Total ELAN FINANCIAL SERVICES $1,326.08 Paid Chk# 022591 3/6/2006 HUBER CONSTRUCTION COMPANY G 101-21705 Building Permit Surcharge $2.50 Reimb bldg permit R 101-00000-32210 Building Permits $118.00 Reimb bldg permit Total HUBER CONSTRUCTION COMPANY $120.50 Paid Chk# 022592 3/6/2006 INSPECTRON INC. E 101-42400-300 Professional Srvs (GENERAL) $1,200.00 January Service Total INSPECTRON INC. $1,200.00 • 13 March 6, 2006 - Payment of Claims - page 2 Check Amt Invoice Comment • Paid Chk# 022593 3/6/2006 LARSON PUBLICATIONS E 101-41100-351 Legal Notices Publishing $35.76 01527703-00 PP bldg plan review E 101-41100-351 Legal Notices Publishing $45.61 01527704-00 amend ord 1800 & 1900 E 101-41100-351 Legal Notices Publishing $43.14 01527705-00 amend ground signs E 101-41100-351 Legal Notices Publishing $52.99 01527802-00 ord 2006-01 E 101-41100-351 Legal Notices Publishing $41.86 01527803-00 ord 2006-02 E 101-41100-351 Legal Notices Publishing $41.38 01527900-00 bids generator Total LARSON PUBLICATIONS $260.74 Paid Chk# 022594 3/6/2006 M M HOMES R 602-00000-99999 UNALLOCATED UTILITY $26.36 reim over pd wtr bill Total M M HOMES $26.36 Paid Chk# 022595 3/6/2006 MII LIFE E 101-41300-131 Employer Paid Health $14.10 Emp Life Ins G 101-21710 Other Deducations $7.50 Emp Life Ins Emp port E 101-42400-130 Employer Paid Ins $18.90 Emp Life Ins E 101-43100-130 Employer Paid Ins $26.10 Emp Life Ins E 101-45100-130 Employer Paid Ins $5.40 Emp Life Ins E 602-49400-130 Employer Paid Ins $3.90 Emp Life Ins E 601-49450-130 Employer Paid Ins $5.40 Emp Life Ins E 101-41500-131 Employer Paid Health $2.40 Emp Life Ins E 101-41400-131 Employer Paid Health $4.80 Emp Life Ins Total Mil LIFE $88.50 Paid Chk# 022596 3/6/2006 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $413.43 144804 Copier Maintenance Agreement Total MINNESOTA COPY SYSTEMS $413.43 Paid Chk# 022597 3/6/2006 MINNESOTA STATE TREASURER G 101-21705 Building Permit Surcharge $6,147.73 4th qtr 05 surcharge Total MINNESOTA STATE TREASURER $6,147.73 • Paid Chk# 022598 3/6/2006 NEXTEL COMMUNICATIONS E 101-41400-323 Nextel Radio Units $31.72 718183318-0 Nextel phones E 101-42400-323 Nextel Radio Units $31.92 718183318-0 Nextel phones E 101-45100-323 Nextel Radio Units $32.72 718183318-0 Nextel phones E 101-43100-323 Nextel Radio Units $34.81 718183318-0 Nextel phones E 602-49400-323 Nextel Radio Units $31.72 718183318-0 Nextel phones E 101-45100-323 Nextel Radio Units $31.72 718183318-0 Nextel phones E 101-42400-323 Nextel Radio Units $31.72 718183318-0 Nextel phones E 101-41400-323 Nextel Radio Units $31.72 718183318-0 Nextel phones E 601-49450-323 Nextel Radio Units $34.70 718183318-0 Nextel phones E 101-41300-321 Telephone $48.49 718183318-0 Nextel phones E 101-43100-323 Nextel Radio Units $31.88 718183318-0 Nextel phones E 101-42000-321 Telephone $31.72 718183318-0 Nextel phones Total NEXTEL COMMUNICATIONS $404.84 Paid Chk# 022599 3/6/2006 OFFICE MAX - A BOISE COMPANY E 101-41400-200 Office Supplies (GENERAL) ($38.29) 300535 refund returned items E 101-41400-200 Office Supplies (GENERAL) $64.69 388265 clips, labels, folders, paper Total OFFICE MAX - A BOISE COMPANY $26.40 Paid Chk# 022600 3/6/2006 PINNACLE PRINTING, INC. E 101-41100-300 Professional Srvs (GENERAL) $300.33 5336 newsletter (ppr) Total PINNACLE PRINTING, INC. $300.33 Paid Chk# 022601 3/6/2006 PITNEY BOWES E 101-41400-413 Office Equipment Rental $208.45 0787150-fb06 Postage Machine Rental Total PITNEY BOWES $208.45 Paid Chk# 022602 3/6/2006 RC GRADING & EXCAVATING INC E 602-49400-408 R/M - Water Services $491.00 3367 leaking water line Total RC GRADING & EXCAVATING INC $491.00 • 14 • • 0 March 6, 2006 - Payment of Claims - Paid Chk# 022603 3/6/2006 S.E.H. E 101-41710-303 Engineering Fees $427.31 141950 Towne Lakes 5th E 101-41710-303 Engineering Fees $258.14 141952 Albertvillas 6th Total S.E.H. $685.45 Paid Chk# 022604 3/6/2006 SCHARBER & SONS E 101-45100-404 Repair/Maint- $8.99 01 351478 drain plug Total SCHARBER & SONS $8.99 Paid Chk# 022605 3/6/2006 SPRINT- MO E 101-41940-321 Telephone $57.46 497-4182 E 101-42400-321 Telephone $57.46 497-7416 E 101-42400-321 Telephone $57.46 497-7485 E 101-41940-321 Telephone $59.80 497-2215 E 101-41940-321 Telephone $64.41 497-5106 E 101-41940-321 Telephone $57.46 497-3758 E 101-41940-321 Telephone $239.64 taxes & surcharge E 101-41940-321 Telephone $62.00 497-1888 E 601-49450-321 Telephone $36.69 497-0269 E 101-41940-321 Telephone $145.80 497-3384 E 101-42000-321 Telephone $47.50 497-4836 E 101-43100-321 Telephone $47.46 497-3145 E 101-41940-321 Telephone $47.46 497-0179 E 101-42000-321 Telephone $38.55 497-7474 E 101-43100-321 Telephone $37.51 497-0774 E 101-41940-321 Telephone $37.51 497-0452 E 101-41940-321 Telephone $36.69 497-3210 E 101-41940-321 Telephone $30.71 Idst E 101-41940-321 Telephone $29.01 497-4214 E 101-41940-321 Telephone ($62.01) credit E 101-42400-321 Telephone $116.68 497-5007 E 101-41940-321 Telephone $57.46 497-3106 Total SPRINT- MO $1,302.71 Paid Chk# 022606 3/6/2006 TOSHIBA AMERICA INFO SYS INC E 101-41400-413 Office Equipment Rental $496.16 44074550 Copier lease Total TOSHIBA AMERICA INFO SYS INC $496.16 Paid Chk# 022607 3/6/2006 WRIGHT-HENNEPIN ELECTRIC CO-OP E 601-49450-381 Electric Utilities $57.17 401714 lift stations E 101-43160-381 Electric Utilities $53.75 401714 street lights E 101-45100-381 Electric Utilities $146.08 401714 parks Total WRIGHT-HENNEPIN ELECTRIC CO-OP $257.00 Paid Chk# 022608 3/6/2006 XCEL ENERGY E 601-49450-381 Electric Utilities E 601-49450-381 Electric Utilities E 101-43100-381 Electric Utilities E 601-49450-381 Electric Utilities E 601-49450-381 Electric Utilities E 101-43160-381 Electric Utilities E 101-42000-381 Electric Utilities E 101-41940-381 Electric Utilities $3,362.36 51468978490 6451 Maciver Ave $335.12 51468978490 11200 60th St $437.08 51468978490 6461 Maciver Ave $74.17 51468978490 11942 52nd Lift station $31.64 51468978490 4940 Kaiser Ave Swr $29.82 51468978490 11060 61st signal $307.38 51468978490 11350 57th $258.73 51468978490 5975 Main Ave E 101-45100-381 Electric Utilities $153.94 51468978490 11401 58th Street E 101-45100-381 Electric Utilities $129.97 51468978490 5801 Main Ave E 101-41940-381 Electric Utilities $91.33 51468978490 protective Igt E 101-42400-381 Electric Utilities $53.16 51468978490 5964 Main Ave E 101-45100-381 Electric Utilities $7.97 51468978490 11474 58th Park Shelter E 101-41940-381 Electric Utilities $54.29 51468978490 6002 Main Total XCEL ENERGY $5,326.96 10100 Premier Bank $19,940.57 page 3 15 March 6, 2006 Fund Summary 101 GENERAL FUND 601 SEWER FUND 602 WATER FUND — Payment of Claims - 10100 Premier Bank $15,125.34 $3,937.25 $877.98 $19,940.57 page 4 • • 16 • A\1bertville Small Town Uvina. Bic Ghee Ufa. TO: City Council FROM: John Middendorf, Larry Kruse and Tina Lannes DATE: February 28, 2006 RE: Portable Generator HISTORY: The City identified the need to have an emergency backup generator for the new City Hall's Emergency Operations Center (EOC) and has additional generation equipment needs for emergency operation of the sewer lift stations. A generator capable of providing emergency service for the EOC and lift stations was included in the City Hall bid as an alternate item. The Council chose not to accept the generator with the City Hall bid but rather to purchase it separately. Staff has advertised and obtained bids on a similar generator with the anticipation to purchase the generator before June of 2006. aComments • Two bids were received from Ziegler and Cummins, however, the Cummins submittal did not meet the bid requirements. It appears that either Cummings are unable to provide the required alternate voltage package or did not receive and acknowledge the addenda that describe the alternate voltages. The Ziegler submittal appears to have all the features described in the specifications and acknowledges addenda 1, 2 and 3. Zeigler genset bid is for $69,600.00. Once a purchase order is sent, staff recommend that the City require shop drawings be submitted for final review of features, capabilities and paint color. Recommendations: Based on specification requirements and total cost, we recommend Zeigler Cat in the amount of $69,600. Request for Council Approval Move to Authorize purchase the generator from Ziegler Cat at a cost not to exceed $69,600 with funds coming from the Sewer Access Charges (SAC) Account. 17 i Albertville Small Town Uvina. Bic Cite We. TO: City Council FROM: Tim Guimont, Parks Department DATE: March 1, 2006 RE: Public Works — Parks Department Update REQUEST FOR COUNCIL ACTION Parks On February 27, 2006, the Parks and Recreation Committee determined there is a need for a 20' x 20' all steel gazebo for the Albert Villas Park. PW Supervisor Guimont has received five (5) quotes for the gazebo which includes the installation of concrete footings and the structure. Flangar Sales Inc. $12,478 Midwest Play Scapes $14,298 St. Croix Recreation $13,703.73 Minnesota Wisconsin P1ayGound $14,070 Earl F. Anderson $16,028 Comments The contractor will install the concrete footings and structure. City crews will install the concrete slab and complete the landscaping around the building. Recommendation Move to Authorize the City to contract with NAME to purchase and install a 20' x 20' all steel gazebo for the Albert Villas Park at a cost not to exceed $12,478.with funds coming from the Park Dedication Account which has $276,120 in it. TG:bmm • 19 i Albertville Small Town Living. 1319 CitV We. • TO: City Council FROM: Larry R. Kruse DATE: March 3, 2006 RE: I-94 Resolution of Support for Federal Funding March 2006 REQUEST FOR COUNCIL ACTION BACKGROUND In your packet is a brief I-94 Project description, which the Tinklenberg Group will use to educate and inform Congress about our transportation needs. The brochure is brief, to the point and will hopefully be a document our legislators can use to lobby for our project. To compliment this, a resolution has been developed to show that the Albertville City Council supports and endorses the I-94 project. RECOMMENDATION: Move to pass Resolution Number 2006-XX entitled "A RESOLUTION REQUESTING FEDERAL TRANSPORTATION FUNDING FOR INTERSTATE 94 ACCESS AND SAFETY IMPROVEMENTS AT CSAH 19 AND CSAH 37 IN THE CITY OF ALBERTVILLE". 21 TO: City Council FROM: Larry R. Kruse DATE: March 3, 2006 RE: Tinklenberg Group Consultation Contract REQUEST FOR COUNCIL ACTION BACKGROUND In 2005, the City contracted with the Tinklenberg Group to help us lobby for State and Federal Funding for the I-94 Interchange. The City was successful in 2005 receiving a commitment for $800,000 of Federal Funds. As you may know, Federal Transportation dollars are very limited and very competitive. Getting the initial appropriation is a huge accomplishment, however, we still need several million dollars more to be able to fund one or more of the phased construction 18 projects. In 2007, the goal will be to get another appropriation for approximately $1.5 million. ADMINISTRATOR'S COMMENTS: The Tinklenberg Group has been successful in getting Albertville's I-94 Project on Congress's radar. Kruse recommends that the City continue to work with the Tinklenberg Group to lobby Congress for transportation funds. It may take us several years to accumulate enough funds to begin construction. Currently, the majority of the $800,000 commitment we have received will go towards acquisition of the right-of-way from Mr. Knechtl. Now our goal is to get a Federal appropriation for engineering design and development of plans and specifications. RECOMMENDATION: Move to authorize the Mayor and City Clerk to sign a one year contract with the Tinklenberg Group to lobby for I-94 Federal Funding in the amount not to exceed $36,000 to be paid on a monthly basis, with funds expended to the I-94 Interstate Project account. is 23 • (Draft resolution of support for the City of Albertville) CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2006-XX A RESOLUTION REQUESTING FEDERAL TRANSPORTATION FUNDING FOR INTERSTATE 94 ACCESS AND SAFETY IMPROVEMENTS AT CSAH 19 AND CSAH 37 IN THE CITY OF ALBERTVILLE WHEREAS, Transportation improvements are essential to the safety of the motoring public traveling through and within the City of Albertville, and; WHEREAS, adequate road capacity and freeway access assists with the efficient movement of goods and provision of services along the I-94 corridor and vital to the City and the region, and; WHEREAS, planning and project development activities are necessary to addressing growing demands on existing highways and local streets, and; • WHEREAS, current I-94 interchange improvement, planning and environmental studies and design activities being conducted by the City provide a framework for access, roadway capacity, and safety improvements to guide investment decisions and; WHEREAS, this activity is part of a comprehensive, multi jurisdictional effort involving the City, Wright County and the Minnesota Department of Transportation and; WHEREAS, all parties are supportive in concept of the safety and access improvements developed consistent with planned future expansion in capacity to I-94 through the City, and; WHEREAS, the City has provided 100% funding for project activities to date. WHEREAS, the I-94 interchange project in the City of Albertville has been designated to receive $800,000 in High Priority Project funding in SAFETEA-LU; NOW, THEREFORE BE IT RESOLVED by the City of Albertville: The City of Albertville requests federal transportation program funding to finalize Interstate 94 access and interchange improvements at CSAH 19 and CSAH 37 and for construction and associated activities in the City of Albertville and will provide adequate matching funds to funding provided by Congress. 25 A�Ibcrtvillca TO: City Council FROM: Tim Guimont DATE: March 1, 2006 RE: Public Works — Parks Department Update Parks The Outdoor Ice Rinks were closed on Tuesday, February 28`h due to weather conditions. Even though it has been a tough year for ice the rinks have seen a lot of use. If weather conditions change we may open them again; otherwise they will remain closed for the season. The new Public Works employee, Ryan Zachman, has been working out well. Mr. Zachman has done some major repairs on the bucket truck as well as general maintenance on the other trucks and equipment to ensure their working properly. 9 TG:bmm • 27 s A�Ibcrtvillcif TO: City Council FROM: Tina L. Lannes DATE: March 14, 2006 RE: Accounts Receivable Update Total accounts receivable outstanding through February 27, 2005 is $442,035.85. The percentage of the total due based on the aging report is as follows: 0-30 days outstanding 30-60 days outstanding 60-90 days outstanding Over 90 days outstanding $24,642.89 5.57% $40,482.74 9.16% $38,979.00 8.82% $337,931.22 76.45% The majority of the over 90 day's amount due Edina Development. Edina Development bills are $331,739.64 or 75% of the total outstanding receivables. • 29 Vendor Amount Due 0-30 Days 30-60 days 60-90 clays 90 days & Over 152 CLUB $153.78 $153.78 ALBERTVILLE HOLDINGS $1,955.85 $1,955.85 BROWN, STEVE & CHRISTY $51.68 $51.68 BURGER KING $484.69 $484.69 CASCADE II LAND DEVELOPMENT $9,027.75 $1,888.44 $625.00 $6,514.31 COBORN'S $604.35 $253.19 $351.16 CPG PARTNERS $145.85 $145.85 Dr. KIM ALLEN MACNAB $150.00 $150.00 EDINA DEVELOPMENT $331,739.64 $7,791.08 $62.50 $3,702.27 $320,183.79 GOLD KEY DEVELOPMENT $5,083.88 $2,500.63 $2,358.25 $225.00 LACHAPELLE, TAMMY $76.90 $76.90 MARINE SERVICE $4,317.85 $3,280.17 $993.05 $44.63 MINNESOTA DEVELOPMENT AGENCY $37,838.68 $1,288.68 $18,150.71 $18,205.25 $194.04 MOBIL $1,010.88 $135.00 $875.88 P J'S CUSTOM HOMES $195.75 $195.75 PETERSON, JOSH $240.24 $240.24 PREMIER DEVELOPMENT GROUP $2,112.82 $46.60 $832.64 $317.50 $916.08 SHOPPES AT TOWN LAKES $180.39 $180.39 SHOPPES AT TOWNE LAKES 2 $5,276.69 $5,276.69 SMACKDOWN BAR & GRILL $0.00 TOWNE LAKES $29,765.67 $1,036.01 $13,259.06 $15,470.60 WOODSIDE COMMUNITIES $284.86 $253.61 $31.25 YEARWOOD DEVELOPMENT $5,423.53 $130.56 $3,438.98 $357.50 $1,496.49 Total $441,398.04 $24,642.89 $40,472.23 $38,979.00 $337,303.92 Current 0-30 days $24,642.89 5.58% 30-60 days $40,472.23 9.17% 60-90 days $38,979.00 8.83% over 90 day $337,303.92 76.42% • • • 30 • • TO: City Council FROM: Tina L. Lannes DATE: March 14, 2006 RE: Project Update Council requested an update on outstanding project status. Below are the contracted projects with amounts paid to date as of February 27, 2006: Fund 476 473 101 101 466 400 101 400 602 491 101 602 204 463 488 496 482 470 468 Project Total Contract Paid to Date Difference 2004 School Pedestrian Trail Bituminous $353,876.90 $331,703.71 $22,173.19 2004 Prairie Run $1,595,233.53 $1,567,701.19 $27,532.34 2004 Seal Coat Improvement $19,965.00 $18,692.60 $1,272.40 2004 Street Overlay $98,070.00 $89,978.40 $8,091.60 Public Works Building $1,714,020.00 $1,706,967.00 $7,053.00 2003 CSAH 19 Upgrade $1,446,496.70 $1,340,629.92 $105,866.78 2003 Seal Coat Improvement $10,421.00 $10,061.62 $359.38 Frontage Avenue Improvements $313,719.00 $281,440.31 $32,278.69 Water Main Change Order $32,394.00 $30,288.00 $2,106.00 CSAH 37 / 60th Street Storm Sewer $49,983.00 $47,941.00 $2,042.00 WWTF Expansion $3,705,000.00 $3,286,362.00 $418,638.00 05 Overay $94,713.00 $71,348.90 $23,364.10 Mud Lake Water Main $70,923.14 $67,725.89 $3,197.25 Hunter Pass Lift Station $127,600.00 $111,878.59 $15,721.41 NW Commercial Park $1,349,333.40 $1,292,804.00 $56,529.40 Ice Arena Locker Room $683,581.00 $644,377.00 $39,204.00 Hockey Rink $100,953.00 $88,820.92 $12,132.08 City Hall $1,595,233.53 $1,595,233.53 37 Trail $241,522.75 $202,281.60 $39,241.15 194 Project $223,073.40 -$223,073.40 Total $13,603,038.95 $11,414,076.05 $2,412,036.30 83.91 % 31 • NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners! rinacplanning.com COUNCIL MEMORANDUM TO: Larry Kruse FROM: Kimberly Thompson DATE: February 27, 2006 RE: State Bank of Long Lake- Revised Plans NAC FILE: 163.06-06.02 HTG Architects and the State Bank of Long Lake submitted revised building plans dated February 22, 2006 to address recommendations made by the Planning Commission. Attached please find a resolution approving the site and building plan for the March 6, 2006 City . Council meeting. Please note, to date the following items have been addressed: 1. The parking lot has been striped to delineate all drive-thru service lanes. 2. Additional directional signage has been posted near the entrance of the drive-thru, the exit of the south parking lot, and the ATM. 3. Location of snow storage has been indicated on the site plan. 4. Sidewalks have been added to provide connections from the parking lots to the bank building. Said sidewalks are accompanied by crosswalks and access ramps in compliance with ADA standards. 5. A five foot boulevard has been added along the southern perimeter of the site, separating the sidewalk from the adjacent street. Future parking stalls in the south parking lot are proposed at a 601 angle. • 33 NANORTHWEST ASSOCIATED C! t �&= ---a 4300 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Larry Kruse FROM: Kimberly Thompson/Alan Brixius DATE: February 9, 2006 RE: Albertville - State Bank of Long Lake NAC FILE: 163.06 - 06.02 BACKGROUND The State Bank of Lon Lake and HTG Architects have submitted a site plan for the construction g of a new bank facility to be located on Lot 1, Block 1 of the Albertville Crossings P Addition. The site is zoned 132-A, Limited Business. The site is at the corner of County Road 19 and 57' Street NE, with access to the site off of 57th Street NE. The project will be completed in two phases. Phase I includes a 6,500 square foot main building with a drive-thru. Phase II includes a 3,200 square foot expansion to the west of the main building, for a finished size of 9,700 square feet. Attached for Reference: Exhibit A Site Plan Exhibit B Grading Drainage and Erosion Control Plan Exhibit C Utility Plan Exhibit D Landscape Plan Exhibit E Photometric Plan Exhibit F Building Elevations Exhibit G City Engineer's Report Exhibit H Fire Protection Engineer's Report • 35 ANALYSIS Zoning. The site is zoned B-2A, Limited Business. Bank buildings are a permitted use in this 40 district. Drive-thru service lanes are allowed with a Conditional Use Permit. Lot Requirements and Setbacks. In determining lot requirements and setbacks, both phases of the project were taken into account. The lot requirements and building setbacks are compliant with the requirements for the B2-A District as indicated below: Setback Required Proposed Complaint Lot Area 1 acre 2.84 acres Yes Lot Width 150 feet 300 feet Yes Front Yard 35 feet 50 feet Yes Side Yard (East) 10 feet 60 feet Yes Side Yard West 35 feet 50 feet Yes Rear Yard 20 feet 140 feet Yes South Parking lot 20 feet 60 feet Yes North Parking lot 20 feet 55 feet Yes ATM (South) 35 feet 58 feet Yes ATM (East) 10 feet 50 feet Yes Maximum Site Coverage 80% 66% Yes Site Access. Access to the site will rely on the construction of a dead-end private drive, extending north off 57t11 Street. Access will be provided at two points off a dead-end private is drive to the east, into the site. All accesses shall also conform to any recommendations by the City Engineer. Parking Area. The site plan indicates 67 parking stalls, each twenty feet by nine feet, broken down into two phases. Phase I will incorporate 40 stalls, and Phase II will add 27 stalls. Two parking lots are proposed, one to the north of the building and one to the south. The parking requirement for service establishments is 1 space for every 200 square feet of floor area. According to the following calculation, the building would require 50 parking stalls: Phase Required Proposed 1 6,500 s . ft./200= 32.5 stalls 40 stalls 2 3500 s . ft./200= 17.5 stalls 27 stalls Total 50 stalls 67 stalls The proposed parking sufficiently satisfies the parking requirement for this use, with 17 spaces in excess of the minimum requirement. It appears as though parking lot circulation will be controlled by one-way driveways, identified with directional signage. However, the center lane is wide enough to accommodate two-way traffic. If this lane is intended for two-way traffic, striping should be added to indicate two lanes. • 36 • The south entrance to the parking lot contains an island to encourage proper flow of traffic. A future one-way driveway is proposed along the western perimeter of the site. When constructed, this driveway should be a minimum of 20 feet wide with a 33-foot inside and 48-foot outside turning radius to accommodate emergency vehicles. At the request of the City, the applicant has provided a street easement for a right -turn lane on 57th Street NE. Drive-Thru. The site plan proposes five drive-thru lanes to the west side of the bank building. The stacking diagram shows space available at each lane for four cars. The length of the stacking lanes are adequate for an efficient drive-thru system. In addition to the drive-thru adjacent to the building, a drive -up ATM is proposed in the southeast corner of the site. The drive -up ATM shall be treated as a drive-thru and require 120 feet of stacking space. The lane to the northwest of the ATM serves as the only exit for the south parking lot. The proposed driveway is 25 feet wide and therefore, capable of accommodating one lanes of traffic, and one lane for ATM stacking space. Staff recommends that the applicant stripe the traffic lane to provide evidence of proper stacking space and to delineate the exit lane and drive-thru service lane. Staff also recommends directional signage at this point to ease traffic flow. Pedestrian Circulation. A six-foot wide sidewalk is proposed along the southern perimeter of the site. It is indicated on the site plan that this sidewalk will be constructed per City standards. Si na e. The site plan proposes one ground monument sign, one pylon sign, and two directional signs. A monument ground sign with an 80 square foot face is proposed for the southeast corner of the site. A pylon sign 29 feet 11 inches in height with a face approximately 110 square feet in area is proposed for the northwest corner of the site. The sign ordinance limits single -occupancy commercial uses to one ground sign. For each 100 lineal feet of lot width, 60 square feet of signage is permitted. In this case, 180 square feet of signage would be allowed. The applicant is proposing two ground signs with a total face area of approximately 190 square feet, exceeding the total area allowed for ground signs. The city may consider distributing the 180 feet of permitted signage area between two signs, if the applicant can demonstrate that both signs are necessary. However, the total face area of both signs will need to be 180 square feet or less. The site plan illustrates two cables on the pylon sign, fastened to the base with eye bolts. Staff is concerned that these cables are intended to provide additional signage. Staff recommends that these cables be removed to prohibit any additional signage, as the site is already proposing to exceed what is allowed for ground signs in the 132-A District. Two directional signs are proposed near the entrance, communicating the one-way direction of the driveway. Directional signage should also be placed at the entrance of the drive-thru and near the ATM. Any wall signs shall be in compliance with 132-A standards. • 37 Architectural Standards. The colored building elevation plans illustrate a building design consistent with the architectural design standards for the Albertville Crossings development, which requires a minimum 100% finished masonry material, including integrally colored concrete masonry units. The proposed materials include a combination of brick, natural stone and stucco in natural tones, with teal accented gables. Landscape Plan. The south parking lot will be screened with Ash and Maple trees, with a single hedge of Alleman's Compact Dogwood at the corner of County Road 19 and 57th Street to screen from the adjacent roadways. The north parking lot will contain two Ash trees and a single hedge of Blue Chip Juniper bushes to screen from County Road 19. The drive-thru will be screened to the west by six Spring Snow Crabapple trees. The perimeter of the bank building and signs will be landscaped with a variety of shrubs and perennials and the remainder of the site will contain a variety of evergreen trees, ornamental trees, shrubs, and perennials. Drainage, Grading, and Utilities. The site plan shows a 2.28 acre drainage pond on the north end of the site to handle stormwater. All grading and drainage must comply with the original Albertville Crossings grading and drainage plan and comply with all recommendations in the City Engineer's report. The City Engineer has stated that the layout of the site, design of utilities and design of site grades are, to an extent, all dependant upon the design/construction of the development to the east. Prior to construction, it is recommended that plan changes and as - constructed conditions of the development to the east be accounted for. Per the City Engineer's report, the applicant needs to submit storm sewer and pond design calculations and a drainage area map for review. In order to construct the proposed outfall, an easement will need to be obtained from the landowner to the north. Since the project abuts CSAH 19, the plans and plat shall also be submitted to the Wright County Highway Department for review. Lighting. The photometric plan indicates that the intensity of lighting is within the one foot candle limit. Lighting fixtures are proposed to be 25 feet tall and bronze in color. Fire Protection. The site plan was reviewed by the Fire Protection Engineer to determine compliance with the 2003 Minnesota State Fire Code for Service Features. It was determined that the proposed structure is in compliance with the codes and standards with the exception of Fire Service Features. In order to come into compliance, the Fire Engineer made the following recommendations: If the building is sprinklered, a fire department connection (FDC) will be required. The location of the FDC should be reviewed by the fire chief. To access the north side of the building, the dead-end drive should be reduced to less than 150 feet or provide a temporary turn around for emergency vehicles until the construction of the one-way driveway is complete. This may be waived upon approval by the City Fire Chief. Verify that the actual water supply is able to support the minimum fire flow of 1,500 gpm at 20 psi as required by the Minnesota State Fire Code. 0 NR • • Verify that the buildings will not be used for high piled storage of any kind. Trash Enclosure. A trash enclosure is proposed for the northeast corner of the site. The enclosure will be screened from the adjacent property by three Colorado Spruce trees. Proposed building materials for the trash enclosure were not provided, but they must match the building materials of the bank building. Snow Storage. The site shall be responsible for its own snow storage, and the location of such storage should be illustrated on the site plan. RECOMMENDATION Based on review of the submitted site plan, we recommend approval of the construction of the State Bank of Long Lake on Lot 1, Block 1 of the Albertville Crossings 3rd Addition and a Conditional Use Permit for drive-thru service lanes, subject to the following conditions: Stripe the parking lot to delineate all drive-thru service lanes in accordance with the latest edition of the MMUTCD and as required by fire regulations. 2. The northern dead-end drive is subject to approval by the Fire Chief. In lieu of Fire Chief approval, said drive may be modified to provide turn around access for emergency vehicles. 3. The City may consider distributing 180 square feet of signage between two signs, if the applicant can demonstrate that two signs are necessary. The cables on the pylon sign shall be removed. 4. Additional directional signage shall be posted at the entrance of the drive-thru and the exit of the south parking lot, near the ATM. The applicant complies with all recommendations of the Fire Protection Engineer. 6. The applicant shall submit storm sewer and pond design calculations and a drainage area map for review. 7. Obtain an easement from the landowner to the north for the proposed outfall. 8. The grading, drainage, erosion control plan and utility plan shall comply with all recommendations of the City Engineer. 9. Plans and plat shall be submitted to the Wright County Highway Department for review. 10. Building materials for the trash enclosure shall match the materials of the bank • building. 39 11. Location of snow storage shall be shown on the site plan. • Pc: Bridget Miller Mike Couri Mark Kasma State Bank of Long Lake 1964 West Wayzata Boulevard Long Lake, MN 55356 HTG Architects c/o Phil Blasko 9300 Hennepin Town Road Eden Prairie, MN 55347 • .O 0 0 IW V/ WRZATA BLVD * PO BOX ON LONG LAKE, MMI P-SOTA,366-05W 95Z,47-2-7347 w FAX 19521472-MU2 w".sblor-qaO,,o" February n, Xft . BricgeL Miller City of ?'Oi Box 9 Albemille, MIN 551,01 Re, State &wk. of Lon g Lakc Pruti cc t Lot 10 Block 1, Albemille Crossing Third Addition D = ms"Millcr: Emlo" is Ow "evuted hananait Tmil E-'wnlcnt fk)T tivabnve referenced project. SIPC =My, N idlact J. Bymc- Ftcldent 41 PER,MAN ENT TRAIL EASEMENT T141S MENTURE. madc this of-r4ay of rab",ary _,1006, by and between State Bank of Long Lake, aMliuie�Ui Coat lxjraLion , (Grantor), and the City, of Albetivillc, Wright County,'Nfinnesota, (Grantee). WITNESSETH: W11 Ell F.AS, Grantor is the owner in fee simple of the real estate hereinafter described, That for good and valuable consideration, the rectipt of whi ch is 1-mrcby aciota owlodged, Grantor does bcmby bargain, sell and transfer unto the It of Albertville its sucorssors and assigns the follouing.- An mcmrmt for it purpQns. I OwlO with, Qv , wq0r. and that pan of Lot 1, Slock 1, ALBERTVILLE CROSSUNGTHIRD ADDITION, according to the recorded, plat thereof, Wright County, Minnesota, I)ing southerly of a line 10 feet northerly of, as rwasured at a right angle, and parallel with the south line (it said Lot 1, and its westerly extension, Grantor does hereby covcnantwrith tht City of Albertville, tb.at lt is lawfiully seind" and Pm"W'sse4 of thereal ",tate above, described. fN WI'I'N,,ESS WHEREOF, the, said parties have, caused this instrument to bt: rmecutcd the day and year first abovt wtittem State flank of Long Lake J By, 'ILO" 0 0 42 C] STATF, OF MINNESOTA ) )s-s- COUNTY OF, WRIGHT ) The foregaing inAnuncnt was acknowleOgcd before me t tr day of r-a,quary 200@� by micuol J. qmv. af; f4rOSiftnt Gf St,ate bar, 6-t LOD9 Lak-,--G 11iis instrmrent was drafted by: Couri & MacArthur Law Office 705 Central Ave, East 11.0. Box 369 St- MichaeLNMN 55376 0 C TM# QWrmW,," 0 FIN 01• ;i-I 1:23p.m MA • CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2006-12 RESOLUTION APPROVING THE SITE AND BUILDING PLAN FOR THE STATE BANK OF LONG LAKE, LOCATED AT THE CORNER OF COUNTY ROAD 19 AND 57" STREET WITHIN THE CITY OF ALBERTVILLE WHEREAS, HTG Architects and the State Bank of Long Lake have submitted a site plan and building plans for the construction of a new bank on a site legally described as follows; and Lot 1 of Block 1 of the Albertville Crossings 3rd Addition WHEREAS, City staff has reviewed submitted plans and prepared a planning report dated February 9, 2006; and WHEREAS, the Albertville Planning Commission met and held a public hearing on February 14, 2006 to consider the State Bank of Long Lake 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 site and building plan application with the conditions outlined in the February 9, 2006 planning report with additional conditions recommended by the Planning Commission; and WHEREAS, upon receiving comments from the Planning Commission, the applicant met with City staff and revised plans in accordance with Planning Commission recommendations; and WHEREAS, the Albertville City Council has received the State Bank of Long Lake application, 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 Site and Building Plans for the State Bank of Long Lake 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 is legally described as Lot 1 of Block 1 of Albertville Crossings 3rd Addition. B. The planning report dated February 9, 2006 from Northwest Associated Consultants 0 is incorporated herein. 45 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 proposed use will be compatible with present and future land uses of the area. H. The proposed use conforms to applicable Zoning Ordinance performance 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 APPROVES the site and building plans based on the most current plans dated January 21, 2006 and revised February 21, 2006, and information received to date subject to the following conditions: 12. The northern dead-end drive is subject to approval by the Fire Chief and City Engineer. In lieu of Fire Chief approval, said drive may be modified to provide turn around access for emergency vehicles. 13. The City may consider distributing 180 square feet of signage between two ground signs as part of a comprehensive sign plan, if the applicant can demonstrate that two signs are necessary. The cables on the pylon sign shall be removed. 14. The applicant complies with all recommendations of the Fire Protection Engineer. 15. The applicant shall submit storm sewer and pond design calculations and a drainage area map for review. 16. Obtain an easement from the landowner to the north for the proposed outfall. 17. The grading, drainage, erosion control plan and utility plan shall comply with all recommendations of the City Engineer. 18. Plans and plat shall be submitted to the Wright County Highway Department for review. • M • 19. Building materials for the trash enclosure shall match the materials of the bank building. 20. Three Black Hill Spruce trees shall be planted in the southeast corner of the site near the monument sign, per the original landscape plan submitted January 17, 2006. Adopted by the Albertville City Council this 6th day of March, 2006. Don Peterson, Mayor Bridget Miller, City Clerk • 47 • E 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 COUNCIL MEMORANDUM TO: Larry Kruse FROM: Kimberly Thompson/Alan Brixius DATE: February 8, 2006 RE: Albertville - Sign Ordinance: Ground Signs NAC FILE: 163.05 - 05.17 The City is considering an amendment to its Sign Ordinance relating to ground signs. The amendment addresses the issue of color on all ground signs. The City, in its consideration of a number of sign issues relating to location, size, glare, hours of operation signs, or ground signs, has determined that signs with vast amount of light colored background are a glare nuisance for neighboring properties and traffic on roadways abutting the signs. This is particularly an issue for signs with height exceeding neighboring building rooflines. Signs with white or lightly colored area, particularly used as a background color, produce a significant amount of glare. Glare produced by signs is a nuisance to surrounding properties and a potential hazard for passing vehicles. Requiring the background of all freestanding signs to be a dark or subdued tone will reduce the amount of light reflected and therefore decreases the amount of glare. The attached amendment requires ground signs to have dark backgrounds with light colored lettering to create a sufficient contrast. The said amendment is attached for your review and subject to further modification by the City Council. The second ordinance is a housekeeping correction related to the City's past amendments regulating temporary signs. M • NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 ,2561 planners@nacplanning.com PLANNING REPORT TO: Larry Kruse FROM: Kimberly Thompson/Alan Brixius DATE: January 5, 2006 RE: Albertville - Sign Ordinance: Ground Signs NAC FILE: 163.05 - 05.17 The City is considering an amendment to its Sign Ordinance relating to ground signs. The amendment addresses the issue of color on all ground signs. . The City, in its consideration of a number of sign issues relating to location, size, glare, hours of operation signs, or ground signs, has determined that signs with vast amount of light colored background are a glare nuisance for neighboring properties and traffic on roadways abutting the signs. This is particularly an issue for signs with height exceeding neighboring building rooflines. Signs with white or lightly colored area, particularly used as a background color, produce a significant amount of glare. Glare produced by signs is a nuisance to surrounding properties and a potential hazard for passing vehicles. Requiring the background of all freestanding signs to be a dark or subdued tone will reduce the amount of light reflected and therefore decreases the amount of glare. The attached amendment requires ground signs to have dark backgrounds with light colored lettering to create a sufficient contrast. The said amendment is attached for your review and subject to further modification by the City Council. Pc: Bridget Miller Jon Sutherland Mike Couri Mark Kasma • 51 • CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2006-04 AN ORDINANCE AMENDING SECTION 10-7-8 OF CHAPTER 7 RELATING TO PERMITTED BUSINESS SIGNS THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 10-7-8 A.3 relating to permitted business signs is hereby amended to read as follows: Subd. j. Ground Signs. In business districts, ground signs shall have a background which is dark in color in contrast to the sign lettering or message which is light in color to create a sufficient contrast and be clearly legible. No ground signs with lightly colored backgrounds shall be permitted. • SECTION 2. Section 10-7-8.B. relating to automobile service station signs is hereby amended to read as follows: Subd. 9. Ground Signs. In business districts, ground signs shall have a background which is dark in color in contrast to the sign lettering or message which is light in color to create a sufficient contrast and be clearly legible. No ground signs with lightly colored backgrounds shall be permitted. SECTION 3. Section 10-7-8.C.3 relating to signs accessory to single occupancy industrial uses is hereby amended to read as follows: Subd. j. Ground Signs. In industrial districts, ground signs shall have a background which is dark in color in contrast to the sign lettering or message which is light in color to create a sufficient contrast and be clearly legible. No ground signs with lightly colored backgrounds shall be permitted. 53 SECTION 4. Section 10-7-8.D.4 relating to accessory signs for multiple occupancy, commercial, and industrial uses, including shopping centers, is hereby amended to read as follows: Subd. c. Ground Signs. In business or industrial districts, ground signs shall have a background which is dark in color in contrast to the sign lettering or message which is light in color to create a sufficient contrast and be clearly legible. No ground signs with lightly colored backgrounds shall be permitted. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION Approved by the Albertville City Council this 6�h day of March, 2006 Don Peterson, Mayor Bridget Miller, City Clerk • s 54 • CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2006-xx AN ORDINANCE AMENDING SECTION 10-7-8 OF CHAPTER 7 RELATING TO PERMITTED BUSINESS SIGNS THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 10-7-8 B. 3 relating to automobile service station signs is hereby amended to read as follows: 3. Portable signs, placards, pennants, streamers, flags (except the U.S. flag), revolving placards and all other signs not specifically permitted in the section are prohibited. pt f l s1(ALLU a V Y41 i: a e, „bs e fie 10 7 '7, ef this VAVV l LV THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION Approved by the Albertville City Council this 6t' day of March, 2006 ATTEST • CITY OF ALBERTVILLE Don Peterson, Mayor 55 • J* 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 MEMORANDUM TO: Larry Kruse FROM: Cassie Schumacher-Georgopoulos DATE: February 8, 2006 RE: Albertville — Land Filling and Excavation Zoning Ordinance Amendments NAC FILE: 163.05 — 06.02 • During City staff discussion, the Building Official and City Engineer expressed concern that the Land Filling (1800) and Excavation (1900) Chapters of the Zoning Ordinance should include projects smaller than 50 cubic yards when they occur within drainage easements. The attached amendment is the language that was recommended. • 57 • CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1800.1 OF CHAPTER 1800 RELATING TO LAND FILLING OPERATIONS AND SECTION 1900.1 OF CHAPTER 1900 RELATING TO LAND EXCAVATION/GRADING THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 1800.1 relating to land filling operations is hereby amended to read as follows: 1800.1 PERMIT REQUIRED: Any person who proposes to add land fill in-exeess the following manner shall apply to the city for a land fill permit: a. Any deposit of fill within a drainage or utility easement. b. Any deposit of fill within a natural drainage way. c. Any deposit of fill within 10 feet of a property line. d. Adding land fill in excess of twenty (20) cubic yards. SECTION 2. Section 1900.1 relating to land excavation/grading is hereby amended to read as follows: 1900.1 PERMIT REQUIRED: The extraction of sand, gravel, black dirt or other natural material from the land or the grading of land shall be termed "land excavation/grading." Any said act performed in the following manner aftd shall require a permit: a. Removing gravel, black dirt or other natural materials or grading land within a drainage or utility easement. b. Removingsand, and, gravel, black dirt or other natural materials or grading land within a natural drainage way. C. Removing sand, gravel, black dirt or other natural materials or grading land within 10 feet of a property line. d. Removing sand, gravel, black dirt or other natural materials or grading land in excess of twenty (20) cubic yards. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION • Approved by the Albertville City Council the 6th day of March, 2006 59 • CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2006-05 AN ORDINANCE AMENDING SECTION 1800.1 OF CHAPTER 1800 RELATING TO LAND FILLING OPERATIONS AND SECTION 1900.1 OF CHAPTER 1900 RELATING TO LAND EXCAVATION/GRADING THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 1800.1 relating to land filling operations is hereby amended to read as follows: 1800.1 PERMIT REQUIRED: Any person who proposes to add land fill in excess of fifty (50) cubic yards to any property or any person who proposes to land fill in a drainage or utility easement within the city limits shall apply to the city for a land fill permit. SSECTION 2. Section 1900.1 relating to land excavation/grading is hereby amended to read as follows: 1900.1 PERMIT REQUIRED: The extraction of sand, gravel, black dirt or other natural material from the land or the grading of land by a person in the amount of fifty (50) cubic yards or more, or any amount of land within a drainage or utility easement shall be termed "land excavation/grading" and shall require a permit. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION Approved by the Albertville City Council the 6t' day of March, 2006 Don Peterson, Mayor Bridget Miller, City Clerk • 61 • ASSIGNMENT AGREEMENT KARSTON COVE THIRD ADDITION THIS ASSIGNMENT AGREEMENT, entered into this day of , 2006 by Woodside Karston Cove, L.L.C. (a limited liability corporation organized under the laws of the State of Minnesota), referred to herein as "Assignor"; and Lyon Contracting and Development, Inc. (a corporation organized under the laws of the State of Minnesota), referred to herein as "Assignee" and; the CITY OF ALBERTVILLE (a municipal corporation incorporated under the laws of the State of Minnesota), County of Wright, State of Minnesota, hereinafter referred to as "City"; WHEREAS, City and Assignor signed and agreed to the terms of the City of Albertville Developer's Agreement Karston Cove Third Addition dated September 30, 2004 and recorded as document # 942285 ("Developer's Agreement"); and WHEREAS, The Developer's Agreement governs the development of the real property described in the attached Exhibit A and which shall hereinafter be referred to in its entirety as "Subject Property'; and WHEREAS, Assignor desires to assign its rights, duties and obligations in the Developer's Agreement to Assignee; and WHEREAS, the assignment of the Developer's Agreement requires the consent and approval of the City. NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Assignor assigns all right, duties and obligations in the Developer's Agreement to the Assignee. 2. Assignee assumes all rights, duties and obligations of Assignor in the Developer's Agreement. 3. By terms of this Agreement, the City is not releasing the existing letter of credit provided by Assignor pursuant to the terms of the Developer's Agreement. The City reserves the right to draw on said existing letter of credit as provided by the terms of the Developer's Agreement. The City agrees to release said letter of credit at such time as the Assignee provides a letter of credit in the amount of $472,800.00, the form and issuing bank of which shall be subject to approval by the City Attorney. 4. For purposes of receiving notices under the Developer's Agreement, Assignee designates the following address as the official address to which notices should be sent: Lyon Contracting and Development, Inc., 3601-18t' Street South, Suite 103, St. Cloud, • Minnesota, 56301. 63 5. The City's costs associated with the drafting and recording of this Assignment Agreement shall be deemed to be City costs arising under the Developer's Agreement and shall be paid by the Assignee. In witness whereof, Assignor, Assignee and City have executed this Agreement the day and year first written above. CITY OF ALBERTVILLE, Its Mayor By Its Clerk LYON CONTRACTION AND DEVELOPMENT, INC. By Its: WOODSIDE KARSTON COVE, LLC By Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2006, by Don Peterson 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 • E • 0 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2006, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) The foregoing instrument was acknowledged before me this day of , 2006, by Jeffrey J. Drown, as Chief Executive Officer of Lyon Contracting and Development, Inc. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2006, by , as of Woodside Karston Cove, LLC. Notary Public DRAFTED BY: Couri, MacArthur & Ruppe, P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497-1930 65 EXHIBIT A TO ASSIGNMENT AGREEMENT The legal description of the Plat to which this Assignment Agreement applies is as follows: Lots 1-15, Block 1 Lots 1-30, Block 2 Outlot A All said property in Karston Cove Third Addition, City of Albertville, County of Wright, Minnesota. 0 40 • • Draft Dated February 28, 2006 RELEASE AGREEMENT City of Albertville Prairie Run THIS AGREEMENT, dated the day of , 2006 by and between the CITY OF ALBERTVILLE, a municipal corporation incorporated under the laws of the State of Minnesota ("City"), and, , ("Owner"), memorializes the agreement of the parties as follows. REQUEST FOR RELEASE OF OCCUPANCY PERMITS. The Owner has asked the City to approve the release of an occupancy permit for property described as follows ("Property"). 2. CONDITIONS OF APPROVAL. The City hereby approves the release of the occupancy permit on the condition that the Owner enters into this Agreement and abides by its terms. 3. ALBERTVILLE ZONING ORDINANCE REQUIREMENTS. The Owner acknowledges that the City has set forth in its Zoning Ordinance certain requirements regarding the lowest elevation for all structures located on the Property in order to comply with the City of Albertville Zoning Ordinance. The Owner acknowledges that the City of Albertville Zoning Ordinance, including but not limited to, Sections 1000.9 and 5000.4, sets forth the City requirements with respect to structure elevation above sea level and provides, in pertinent part, as follows: A. Section 1000.9: (d) No structure, except docks and retaining walls, shall be placed at an elevation such that the lowest floor, including the basement floor, is less than two (2) feet above the highest known surface water level or ordinary high water level, or less than one (1) foot above the 100-year flood level, if determined.... B. Section 5000.4 (a) The lowest ground floor elevation shall be three (3) feet above the 100-year flood elevation or four (4) feet above the ordinary high water mark of public waters.... 4. DATA REGARDING THE HIGH WATER MARK, LOWEST FLOOR ELEVATION LEVEL AND HIGHEST KNOWN SURFACE WATER LEVEL. Owner acknowledges and agrees that the following water and ground floor elevations apply to the Property per applicable City Ordinances: a. 100 - year flood elevation: 950.9 feet above sea level b. Lowest ground floor elevation (abutting a wetland): 953.9 feet above sea 67 level C. Highest known surface water level: between 952.5 and 952.7 feet above sea 40 level (data based on the year 2003 major rainfall event) 5. ZONING ORDINANCE CHANGES. Owner acknowledges that after 2 years from the date of Final Plat approval, this Agreement shall not prevent any modifications or amendments to the City of Albertville Zoning Ordinance which relate to the 100-year flood elevation, lowest ground floor elevation or highest known surface water level or any other similar ordinances applying to the Property. 6. APPLICATION OF RAINFALL DATA TO ALBERTVILLE CITY ORDINANCES. Owner acknowledges and agrees that the as -built survey, dated July 20, 2005, shows an as -built lowest floor elevation of 952.6 feet for the structure currently located on the Property. Owner further acknowledges and agrees that based on the as -built survey and the information gathered by the City Engineer regarding the high water levels, the Property, in its current condition, is not in compliance with the City of Albertville Zoning Ordinance. Owner is aware that due to this non-compliance the occurrence of a rainfall event of a similar or greater magnitude than that which occurred in the year 2003 will likely cause flooding to the lowest floor of any structure on the Property. 7. INDEMNIFICATION, HOLD HARMLESS. The Owner hereby agrees to release the City from all liability and agrees to hold the City and its officers and employees harmless from claims made by the Owner and third parties for damages sustained and costs incurred resulting from the release of the occupancy permit for the Property. The Owner shall indemnify the City and its officers and employees for all costs, damages and expenses which the City may pay or incur in is consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 8. SEVERABILITY CLAUSE. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Agreement. 9. RECORD. This Agreement shall run with the land, be recorded against the title to the property and shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. 10. RELEASE. The Owner shall not be released from its obligations under this Agreement without the express written consent of the City Council through Council resolution. 11. INTEGRATION CLAUSE, MODIFICATION BY WRITING. Owner and City agree that the developer's agreement entitled City of Albertville Planned Unit Development Prairie Run, (Doc. No. A943058) recorded on December 22, 2004 in the Wright County Recorder's Office shall remain in full force and effect, except where explicitly contradicted by this Agreement, in which case the specific provisions of this Agreement shall govern. Taken together, these agreements represent the full and complete understanding of the Parties with respect to any and all issues relating to building structure elevation, 100—year flood elevation, lowest ground floor 0 • elevation and highest known surface water level requirements as they relate to potential flooding issues. The Parties further agree that neither party is relying on any prior agreement or statement(s), whether oral or written, with respect to those water and floor issues. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both Parties. • CITY OF ALBERTVILLE Don Peterson, Mayor Bridget Miller, City Clerk OWNER: By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2006, by Don Peterson 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. STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) Notary Public The foregoing instrument was acknowledged before me this day of , 2006, by Bridget Miller, as Administrator of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City • Council. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2006, by as of OWNER. Notary Public THIS INSTRUMENT DRAFTED BY: Couri, MacArthur & Ruppe PLLP P.O. Box 369 705 Central Ave. E St. Michael, MN 55376 is • 70 • ---------------------------------------------Reserved for Recording Data - AMENDMENT TO DEVELOPMENT AGREEMENTS THIS AMENDMENT TO DEVELOPMENT AGREEMENTS("Amendment") is made as of the day of March, 2006 between THE CITY OF ALBERTVILLE ("City") and ALBERTVILLE 2002, LLC, a Minnesota limited liability company ("A-2002"), whose address is c/o H.J. Development L.L.P., 15600 Wayzata Boulevard, Suite 201, Wayzata, Minnesota 55391. • WHEREAS, A-2002 is the owner of that certain property generally known as the Albertville Crossing Shopping Center as set forth and legally described on Exhibit A attached hereto ("Property"). WHEREAS, the Property and certain other properties are subject to (i) that certain Developer's Planned Unit Development Agreement/Conditional Use Agreement, Albertville Crossing ("AC First Agreement") dated April 30, 2002 between the City and Cascade II Land Company, LLC ("Cascade") and (b) that certain Developer's Planned Unit Development Agreement/Conditional Use Agreement, Albertville Crossing Second Addition ("AC Second Agreement") dated December 31, 2002 between the City and Cascade. The AC First Agreement and AC Second Agreement are referred to collectively herein as the "Developer Agreements". WHEREAS, City and A-2002, as owner of the Property ("Owner"), now desire to amend the Development Agreement insofar as the same affects the Property as more particularly set forth herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Notwithstanding anything contained in the Development Agreements to the contrary, the • City acknowledges and agrees that no violation, breach or default under the Developer 71 Agreements which (i) is not caused by the Owner of the Property (or portion thereof) and (ii) does not impact the operation of the Property, and (iii) does not arise from a violation, breach or • default physically located on the Property, and (iv) arises entirely out of an action or failure to act after the date of this Amendment, shall be enforced against or otherwise affect Owner or the Property (or any portion thereof) or the rights of the Owner under the Development Agreements (including without limitation, issuance of building permits). This Amendment may be executed in two or more counterparts, and all counterparts so executed shall for all purposes constitute one agreement, binding on all the parties hereto and their successors and assigns, notwithstanding that all parties shall not have executed the same counterpart. The provisions hereof shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, this Amendment is executed and delivered on behalf of the City and Owner as of the date first written above. CITY OF ALBERTVILLE By: Printed Name: • Mayor By: Printed Name: City Administrator ALBERTVILLE 2002, LLC, a Minnesota limited liability company By: Name: Printed Name: • 72 • STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by , the Mayor of the City of Albertville 2002, LLC, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public My Commission Expires: STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by , as City Administrator of the City of Albertville 2002, LLC, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public My Commission Expires: STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2006, by , the of Albertville 2002, LLC, a Minnesota limited liability company, on behalf of said limited liability company. Notary Public My Commission Expires: 73 • EXHIBIT A LEGAL DESCRIPTION Parcel I: Lots 1, 2 and 3, Block 1, Albertville Crossing, Wright County, Minnesota. Together with the easements contained in Agreement Concerning Easements and Restrictions, dated April 30, 2002, filed May 3, 2002, as Document Nos. 789448 and 789449. Parcel I1: Lot 1, Block 1, Albertville Crossing Second Addition, Wright County, Minnesota. And That part of Lot 2, Block 1, Albertville Crossing Second Addition, Wright County, Minnesota, lying North of the South 148.00 feet of said Lot 2. 0 And The South 148.00 feet of Lot 2, Block 1, Albertville Crossing Second Addition, Wright County, Minnesota. Together with the easements contained in Agreement Concerning Easements and Restrictions, dated April 30, 2002, filed May 3, 2002, as Document No. 789449, as amended by a First Amendment to Agreement Concerning Easements and Restrictions dated September 16, 2002, filed September 24, 2002, as Document No. 808468. 74 C] The Tinklenberg Group The interchange of strategies and solutions City of Albertville Consulting Services Agreement Amendment Number 1 March 1, 2006 Introduction The City of Albertville has determined that additional effort is warranted to secure federal support for the construction of traffic management alternatives along 1-94 in the City. SAFETEA-LU, the federal transportation authorization, has identified $800,000 in High Priority Project funding for this project as a result of the City's effort to date. Additional funding, however, will be necessary to advance construction of the project and reduce the cost to the City. Work necessary to accomplish this goal has been identified in the 2005 Consulting Services Proposal submitted to the City by The Tinklenberg Group. This amendment maintains those tasks through the balance of 2006 with particular emphasis on tasks associated with project funding strategies and activities. In addition, The Tinklenberg Group will be available to assist the City in securing the High Priority Project funding already authorized, processing right of way funding and other duties as assigned and within available funding. This amendment will be in effect through December 31, 2006. The cost of this amendment is $36,000 and will be billed monthly according to the terms of the original agreement between The Tinklenberg Group and the City. Agreed and Approved By: Don Peterson, Mayor City of Albertville Date Elwyn Tinklenberg, President The Tinklenberg Group Date 75 • • City of Albertville 1-94 Access Improvement Project Project Overview The City of Albertville is located approximately 25 miles northwest of Minneapolis along both sides of Interstate 94 (I-94). Because the freeway provides convenient access to the metropolitan area and because of their relatively close proximity, Albertville and its neighboring communities of Otsego and St. Michael have become desirable locations for residential and commercial growth. These communities rely on I-94 interchanges at CSAH 19 and CSAH 37 located in Albertville as the main access points to/from I-94. These three communities estimate the population to grow six -fold by 2040. Current commercial developments and planned residential growth necessitate access and safety improvements at the two interchanges. Average daily traffic counts estimate the number of trips to nearly triple by the year 2040. The Albertville outlet mall is a major regional commercial attraction and continues to expand. Primary access to the outlet mall is limited at the CSAH 19 interchange that forces traffic on to city streets at CSAH 37. Local vehicular and pedestrian traffic and safety issues are prime concerns for the City. Albertville, Wright County and other local governments have recognized the need to plan for growth by protecting important transportation corridor; improving system mobility and connectivity and developing and maintaining critical transportation infrastructure. Albertville recognizes the direct impact of growth on the community and has initiated the process for access and safety improvements at CSAH 19 and CSAH 37 interchanges. The City is currently in the final stages of design and environmental work to support improvements. The Minnesota Department of Transportation's (Mn/DOT) Interregional Corridor Management Plan identifies the need to expand I-94 to six lanes from Rogers, through Albertville to Monticello. The interchange access and safety improvements today, will compliment this growth in capacity and lower overall costs when expansion occurs. Request Summary The City is requesting a total of $2 million in the form of a FY07 Appropriations Request to complete final design work and acquire the necessary right-of-way for the project. As part of the SAFETEA-LU High Priority Project funds, the City of Albertville was awarded $800,000 of a $13 million request to continue work. While these funds will significantly help keep the project moving, more funding is necessary to bring it to a construction - ready status. 77 Next Steps Final design could begin immediately after funds are made available, and construction could begin as early as 2007. Thus far, the City of Albertville has provided 100% funding for the project development activities that have been completed to date. The expansion of I-94 is included in Mn/DOT's accelerated projects list if additional state funding becomes available. Given that funding is limited, the City is pursuing "interim" strategies that can be constructed as part of a phased approach to the full project design. The cost to complete an interim strategy is approximately $6 million, or one-half of the initial $13 million estimate. The City is committed to the full implementation of the project, but recognizes that the need is increasing and implementation of a "Phase 1" is critical to the region. 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R _ . g. _ .. g' g' g' S g' g' g' g' g' g _, ...g ..._ g' g' g' g' g' g' gg' g' g' g' g' g' C g g g e g g' g' g' g' g' g' g' g' g g' g° g' g' g' g g' g" g' g' g' E' g' g' g g g g g g g g T STATE BANK OF LONG LAKE NEW BUILDING SITE PLAN PHOTOMETRIC SJFMAM HICKEY THORMSON GROVER LTD O� Aw' m PRAIRIE, MN. 52-278-8880 W_ NGNME rn UOLO iv u�mv nwt n°e rura eoecwrwma an ne�owr wMe er a uae° 1M p101 MYBNBOq MD TMT I All w dlv lrCE1B® B+i®1 IM91 TIfG UW6 (>1u) 970-OiIUC (992) 9J11-0777 ALBERTVILLE, MINNESOTA a,= b iT► _> I I Iz I I I I I � � I I I I I I � I I I I I I I I I II I i Icl, I I00 N N00°04'08"E 387.74 14 _—_—____ _ ___—_—__---_—_ _--___ ---- ___ __ _Y---_— —___ FUTURE ONE WAY DRIVEWAY 0 — — ------------------------------------- r � r I I " i I I pb TS�mo m � I N � � I Lil ---� -- 3 y .➢—Z r- T< -1 Z------ Q r O ---- I �o I y a o� � y > T 1 � I L tea h I� 0 v , elm 11206 01-13-064 l J. 11, 7006-11:41cm — - STATE BANK OF LONG LAKE LANDSCAPE PLAN ®®®O RUTYMRSITA"00tTRZM 9300 HENNEPIN TOWN ROAD H �- ALBERTVILLE OFFICE ® £DEN PRAIRIE, MN. 55347 952-278-6880 ARONITECTS H HIGHWAY no.19 & 57th. STREET N.E. �Y�pA �T pAµBREOK. A ORnEPgTWABPREPAAFDBYMEORUN06 MV O/ECf $AElNI90N AND TF1AT AM OU.Y UCEN8® AROHIEOT UNDER T11E UVYB �„�Nlp- 5 ALBERTVILLE, MINNESOTA a �BTAEa M�EA FEpBTRATgN NUMBER cNEOI�EO BY. MPL wTE rsauEa z ►- rrr { m r- -a r- z FA.-041544,9 " 11, 2" - 11:53M I O O vv� v y WNW 1 II�IiiYiu� Nt■nwn��ea. 111■�II�NNII�1 STATE BANK OF LONG LAKE MAIN LEVEL JFIF__ HICKEY THORSTENSONGROVERLTD P N FLOOR PLAN oA EDEN PRAIRIE, AN. 55347952-278-8880 y ALBERTUILLE OFFICE IV ARCHITECTS ' HIGHWAY no.19 & 57th, STREET N.E.T ALBERTUILLE, MINNESOTA OO�CT SIAEM1flIDIt MD TH4T I MI A OIIY 110ElJ9ED MDIILEOf WAEF THE lAW4 °`TME--°` �EM NECKED BT. DLE DnTE 59UED PHILIP V. BLASKO I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - ------------------ ---------------- Fn West Line of the NW 1/4 of /I �----- - - - - - - - - - - - - - - - - - - - - - Sec. 1, rWP 120, Rng. 24 -------- �� — — — — — -� — — — ---� -- 12" vaTERManu I '7C.S.A.H. No..19 �ABEAUX AVE. 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MN. 55347 952-278-8680 z 00111TECTS HIGHWAY no. 19&57th.STREET N.E.��-T�`�w������� OFECT 9tAERvB,DN, wND TNT � ,.M a ()lf�Y UCENSE9 •RCwtEci UNDER ,..E tawH ALa g r_ ALBERTVILLE, MINNESOTAa� OF RE3nEORE_°" REaSTR4RON cRECREn er PVB NUFBER t oAIE eavm a 4 rn -+ rn r rn { - D O z - N O EE-04154,6u9 J n 11, 20 6 - V 4b— STATE BANK OF LONG LAKE EXTERIOR HJF__ HICKEY THORSTENSON DROVER LTD ELEVATIONS 9300 HENNEPIN TOWN ROAD EDEN PRAIRIE, MN. 55347 ^ ALBERTVILLE OFFICE 952-278-8880 - ARCHITECTS HIGHWAY no.19 & 57th. STREET N.E. c.1a arc. s„oembsgn ww nar � u4 w pwv ucer�sEo ,wde�e. uwEn r� uws °�wNe" EAe ALBERTVILLE, MINNESOTA o �E �"OTA �asrnsmr+ wuaw i]im G+EC+�O By DIE w -L-IP V, BLA5K0 TO: City Council FROM: Larry R. Kruse DATE: March 6, 2006 RE: Additional Agenda Items Administration 7. Joint Powers Sludge 8. Catholic Aid Association Gambling Permit Scheduled for March 26, 2006 at St. Albert's Parish Center 9. Set City Council Workshop with the Management of Premium Outlets 10. Rental Housing Licensing Update (Karston Cove) M:\Public Data\City Administrator\2006\March 6, 2006 Additional Agenda items.doc TO: City Council FROM: Larry R. Kruse DATE: March 6, 2006 RE: Joint Powers Sludge REQUEST FOR COUNCIL ACTION BACKGROUND The Joint Water Board requested City input on how they want to handle sludge, a by- product of water production. The following are options to consider: 1. Alternatives / Issues discussed: a. Co -disposal: trucked to each member City's wastewater plant according to that City's water consumption. (for example, Albertville uses 35% of the water, therefore takes 35% of the backwash sludge generated, etc) This alternative would be acceptable to St. Michael if each City (Albertville and St. Michael) were to be paid for the sludge disposal by the JPWB. The JPWB currently pays about $2,300 per year to Albertville for such disposal and payment should continue so that the receiving City can put the revenue into the appropriate expense (City Sewer) account. We would assume this $2,300 would no longer go to Albertville if not discharging into their system. b. Contract disposal: a hauler such as Sewerman would remove and dispose of the sludge (usually discharged to Met Council). This would seen to be an acceptable "fair market" alternative but given the cost of the quote you already received of 6.5 cents per gallon (120,000 gal/yr = $7,800) from Sewerman and the thought that you might be able to get it for 5 cents per gallon from another contractor, this option doesn't seem to make sense if the member Cities could charge less (see alternative "d") M:\Public Data\Requests for Council Actions (RCA)\2006\Joint Water Sludge RCA March 2006.doc c. Water billing: Joint Powers may want to discuss potentially having each City pay for their water usage at the City -owned facilities (parks, City Halls, Fire Halls, etc). Even though the JBWB has not charged member Cities for water in the past, we realize that this may be a justified way for the board to gain more revenue in the future. However, we feel this is a separate issue from the sludge since it would come out of separate City budgets/accounts. If the Board decides to charge for water then we feel that decision should be made separate from this sludge issue. d. Bids: get bids from each member City for hauling and/or disposal. Based on our past expenses and capacities for sludge disposal, St. Michael would be willing to accept all or part (see alternative "a") of the sludge for 3.5 cents per gallon. If Albertville wants to take their portion for the same price, then we are fine with alternative "a". If Albertville can do it cheaper (say 3 cents per gallon) than St. Michael, then we are fine with them taking all the sludge. ADMINISTRATOR'S COMMENTS: In relative terms sludge disposal cost are very minor. Last year we spent $.08 cents per gallon removing sludge from our ponds. St. Michael is proposing to take the sludge for $.035 cents per gallon. We will be switching to the reed bed soon, and it is both John Middendorf and my recommendation that we let St. Michael take the sludge through December of 2008. This will give us time to better understand our system and then we can decide if we want to take our share of it or seek other options. RECOMMENDATION: Move to recommend the Joint Powers Board accept St. Michael's proposal to take 100% of the sludge through 2008 at which time the cities can reevaluate future sludge disposal. M:\Public Data\Requests for Council Actions (RCA)\2006\Joint Water Sludge RCA March 2006.doc Minnesota Lawful Gambling Page 1 of 2 LG240B Application to Conduct Excluded Bingo (No fee) 11/04 Excluded bingo maybe conducted by an organization that conducts or fewer bingo occasions in a calendar year, Orin connection with a county fair, the state fair, or a civic celebration if it is conducted on 12 or fewer consecutive days in a calendar year. Ifyour organization has been licensed orexempted in the current calendaryear, you are noteligible to apply for excluded bingo. Organization Information Orgaizatiion,yle/g�al Previous license or number, if any/ jname permit 5 _ Street City State Zip Zip code County / ll I / Type of nonprofit organization (check one): FFraternal ❑ Religious Veterans ❑ Other nonprofit organization Type of proof of nonprofit - attach a copy (see instructions) Nonprofit Articles of Incorporation or Certificate of Good Standing - Minnesota Secretary of State's Office Internal Revenue Service Affiliate of parent nonprofit organization (charter) Excluded Bingo Activity Information Has your organization held a bingo event in the current year? No--Z-- Yes If yes, list the dates that bingo was conducted (� The bingo event will be one of four or fewer bingo events held this year. Date(s) of bingo event(s) 3- -OR- The bingo event will be conducted (up to 12 consecutive days) in connection with a: County Fair -------- Date(s)-of bingo event State Fair ----------- Date(s) of bingo event Civic Celebration - Date(s) of bingo event A civic celebration is defined as an event conducted in Minnesota that is sponsored by a local unit of government having jurisdiction over the event. Name of person inchargeof the bingo event e. Daytime phone 1 (r ? • Li-lr-7 - `i74 4 Bingo equipment (hard cards, bingo paper, and bingo ball selection device) must be purchased from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-639-4000. Premises Where Excluded Bingo Will Be Conducted Name.of premises Street address L. City or township y Zip code County Page 2 of 2 LG240B Application to Conduct Excluded Bingo 11/04 Organization name ( L - �Lc- i l 4 �� �"�'l fi �1. �1� '� [`: v 1,V —7 Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. ;Lt / 3 f 117 7 Signature � `t't , �`�"���'''� (%°r Daytime phone number 7 � �' � ° � � Name (please print) 6 thi I i L,4 Date I ( / 06Z Local Unit of Government Acknowledgment and Approval If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I hereby approve this application for excluded bingo activity at the premises located within the city's jurisdiction. Print n4me of city 1 Signature of ci personnnel receiving application Title `` \ P�(l Date 3 /�! C% If the gambling premises is located in a township, both the county and township must sign this application. For the township. On behalf of the township, I acknowledge that the organization is applying for excluded bingo activity within the township limits. Print name of township A township has no statutory authority to approve or Signature of towrship official acknowledging application deny an application (Minnesota Statute 349.213, subd.2). Title Date / / For the county: On behalf of the county, I hereby approve this application for excluded bingo activity at the premises located within the county's Print name of county jurisdiction. (Signature of county personnel receiving application) Title Date Mail application and attachment(s) Send the completed application and a copy of your proof of nonprofit status (see instructions) at least 30 days prior to the activity date to: Gambling Control Board Suite 300 South 1711 W. County Rd. B Roseville, MN 55113 This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you an authorization. If you supply the information requested, the Board will be able to process your application. Your narne and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your authorization. When the Board issues your authorization, all of the information that you have provided to the Board in the process of applying for your authorization will become public. If the Board does not issue you an authorization, all the information you have provided in the process of applying for an authorization remains private, with the exception of your narne and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety, the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal la v to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. Building Department A,lbertville 5964 Main Avenue NE • P.O. Box 9 • Albertville, MN 55301 smon Wn9.619 Ufa. Phone: 763-497-5106 • Fax: 763-497-2068 MEMORANDUM TO: Honorable Mayor, City Council, and City Staff FROM: Jon Sutherland, Building Official 4°=� DATE: March 6, 2006 RE: TIME ALLOWED TO COMPLETE STORM DAMAGE At the February 21, 2006 Council Meeting the Council inquired as to how much time is allowed to repair storm damage. The Building Code requires all buildings to be maintained according to the Code in effect at the time the building was constructed. As soon as there is damaged is must be repaired. So essentially, your time is up, get it done now. This may not be practical however so I suggest the following: Siding: Since the damage is readily visible from the street I suggest that we start working with residents that are not complete with siding repairs by late summer. It is my understanding insurance companies have some guidelines that require policyholders to get the repairs done within a certain length of time. Roofing: Roofing sustained various damage and it is not easily observed. We will not be able to ascertain if there is damage without a detailed and close inspection. I suggest we could add a paragraph about storm damage to the newsletter. Suggest that residents request their insurance company to inspect the site and if they have any questions they could contact the building department. Attachment: Storm Damage Activity Report Month Number of Total Issued Permits Issued Valuation September 6 $ 24,750.00 October 140 $ 1,154,115.00 November 193 $ 2,044,750.00 December 102 $ 1,627,307.00 Totals To Date 441 $ 4,850,922.00 Total Fee Paid $ 652.10 $ 27,173.09 $ 39, 666.00 $ 26,964.46 $ 94,455.65 A,lberty� ij City of Albertville 1-94 Access Improvement Project Project Overview The City of Albertville is located approximately 25 miles northwest of Minneapolis along both sides of Interstate 94 (I-94). Because the freeway provides convenient access to the metropolitan area and because of their relatively close proximity, Albertville and its neighboring communities of Otsego and St. Michael have become desirable locations for residential and commercial growth. These communities rely on I-94 interchanges at CSAH 19 and CSAH 37 located in Albertville as the main access points to/from 1-94. These three communities estimate the population to grow six -fold by 2040. Current commercial developments and planned residential growth necessitate access and safety improvements at the two interchanges. Average daily traffic counts estimate the number of trips to nearly triple by the year 2040. The Albertville outlet mall is a major regional commercial attraction and continues to expand. Primary access to the outlet mall is limited at the CSAH 19 interchange that forces traffic on to city streets at CSAH 37. Local vehicular and pedestrian traffic and safety issues are prime concerns for the City. Albertville, Wright County and other local governments have recognized the need to plan for growth by protecting important transportation corridor; improving system mobility and connectivity and developing and maintaining critical transportation infrastructure. Albertville recognizes the direct impact of growth on the community and has initiated the process for access and safety improvements at CSAH 19 and CSAH 37 interchanges. The City is currently in the final stages of design and The Minnesota Department of Transportation's (Mn/DOT) Interregional Corridor Management Plan identifies the need to expand I-94 to six lanes from Rogers, through Albertville to Monticello. The interchange access and safety improvements today, will compliment this growth in capacity and lower overall costs when expansion occurs. Request Summary The City is requesting a total of $2 million in the form of a FY07 Appropriations Request to complete final design work and acquire the necessary right-of-way for the project. As part of the SAFETEA-LU High Priority Project funds, the City of Albertville was awarded $800,000 of a $13 million request to continue work. While these funds will significantly help keep the project moving, more funding is necessary to bring it to a construction - ready status. Next Steps Final design could begin immediately after funds are made available, and construction could begin as early as 2007. Thus far, the City of Albertville has provided 100% funding for the project development activities that have been completed to date. The expansion of I-94 is included in Mn/DOT's accelerated projects list if additional state funding becomes available. Given that funding is limited, the City is pursuing "interim" strategies that can be constructed as part of a phased approach to the full project design. The cost to complete an interim strategy is approximately $6 million, or one-half of the initial $13 million estimate. The City is committed to the full implementation of the project, but recognizes that the need is increasing and implementation of a "Phase 1" is critical to the region. The project is designed to accommodate the expansion of I-94 to six lanes when funding is identified by Mn/DOT. Contact Persons Larry Kruse Albertville City Administrator 763/497-3384 Ikrusena ci.albertville.mn.us Elwyn Tinklenberg President, The Tinklenberg Group 763/783-1288 elwyntinklenber2().tinklenber2t3oun.com M City of Albertville - Interstate 94 /CSAH 19 and CSAH 377 Interchanges Reconstruction Design Current CSAH 19 Limited Access Interchange and Prime Outlet Mall Development Area Current access to outlet mall, western Otsego and St. Michael traffic must travel on local streets in Albertville )sed 1 37 :hange The Tinklenberg Group ���"��r, Air Minnesota Department of Transportation �O4 District 3 �e1:218?828-2460 'oFTapa 7694 Industrial Park Rcad Fax: 218i828-221Q Baxter, IVIN 5642v-8Q96 Tall Free; 1l8QQr'657-3971 February 15, 2006 Mr. Larry Kruse, City Administrator City of Albertville 5975 Main Avenue P.O. Box 9 Albertville, MN 55301 Dear Mr. Kruse: Thank you for your request for a letter of support regarding your application for federal transportation program funding for the reconstruction of interchanges with Interstate 94 at CSAH 19 and CSAH 37. The City, Wright County, and Mn/DOT District 3 have partnered in project development activities to address safety, full interchange access issues, and the future expansion of Interstate 94 to six lanes when project funding becomes available. Our District 3 staff agrees in general on the design alternative selected by the city, and is pleased that the project has been designated to receive $800,000 in High Priority Project funding in SAFETEA-LU. The city of Albertville has provided 100% funding to date for the environmental and preliminary design work. With that in mind, Mn/DOT is pleased to support your application for interchange improvements that will benefit traffic flow and improve safety along this important transportation corridor. Mn/DOT'S support does not require Mn/DOT to obtain or provide the matching funds to successful funding applications. Interstate 94 capacity improvements between Rogers and Monticello are identified on an accelerated project list if additional state funding becomes available. I Bob Busch District 3 Transportation Engineer cc: Brad Larson, Federal Relations Manager, Mn/DOT Government Relations Jim Povich, ADE, Mn/DOT District 3 State feels bumps in the budget for roads d Pagel of 4 ROADMONEY Home News,,- Sports v Lifestyle Entertainment-- Opinion s Cars,,, Homes-v Jobs,,,- Shopping,,, Customer Service,,r Welcome I Log in I Member Center Search All GO Help J Home I Local State bumps_ i roads In the face of a $300 million shortfall for metro projects, some critics argue for a permanent way to fund construction. Laurie Blake, Star Tribune Last update: February 20, 2006 — AM Printer 12:03 friendly . i s -mail thisory One thing came up short while the state was delivering on Gov. Tim Pawlenty's 2003 promises to speed up road projects: money. After underestimating the cost of highway building and overestimating federal funding, the Minnesota Department of Transportation this year found itself $300 million short of what it needed to complete the next three years of metro road projects. Related Content Local Mayor wants prosecutor to be prosecuted Red Lake chairman denies allegations he blocked drug probe Parents, teachers want to keep North Star Disabled woman battered, raped during 19-hour ordeal Somali public TV show debuts in Owatonna To keep the Crosstown Hwy. 62-Interstate Hwy. 35W reconstruction on schedule to start this spring, the agency has poached $50 million intended by Congress for local road, bike, transit and walking projects in the metro area. And it has gobbled the entire $100 million increase in federal highway money to pay for cost overruns of metro area projects, leaving none for outstate roads. Now as the governor goes to bat for an ambitious plan to borrow $2.5 billion for roads over the next 10 years, transportation advocates and DFLers say MnDOT's budget hole shows the folly of relying on borrowed money and Congress for the state's pressing transportation needs. "It's now clear that Pawlenty oversold what he could do because federal funds he counted on didn't come through," said Margaret Donahoe, legislative director for the Minnesota Transportation L.1 Alliance. The group says an increase in the gas tax would provide more reliable road funding. Sen. Steve Murphy, DFL-Red Wing and chairman of the Senate Transportation Committee, said the budget deficit is a symptom of a risky transportation plan. "They were betting on the come, and they lost and now they are scrambling around robbing Peter to pay Paul." In the governor's defense, Rep. Mary Liz Holberg, R-Lakeville, chairwoman of the House Transportation Finance Committee, said it time we accelerate projects and get them done it's a good thing." Making road improvements sooner rather than later gives commuters more time to spend with their families and avoids higher future construction prices, Holberg said. In the metro area, MnDOT's budget pothole has local officials shaking their heads at the lack of road funding. Cities and counties are just as strapped for money as MnDOT is, said Dakota County Commissioner Paul Krause, who is a member of the Transportation Advisory Board (TAB) that loaned MnDOT the $50 million. "We need permanent transportation financing," said Krause. MnDOT's use of the $50 million means five local projects designed to ease freeway congestion lost their funding. Among those delayed are the extensions of County Road 5 alongside 1-35W in Burnsville and Lake Drive in Lino Lakes; widening of Hwy. 149 in Eagan; and upgrading Pierce Butler Route between St. Paul and Minneapolis to make it an alternative to crowded Interstate Hwy. 94. MnDOT promised to pay back by 2012 the $50 million that would have gone to these and other projects. Bob McFarlin, assistant to the transportation commissioner, said in a letter to legislators that the governor is delivering on his promise to speed up road construction, unlike other states that have stopped projects due to the delay in federal funds. 'Minnesota has done an excellent job managing through this crisis and keeping the highway improvement program largely on schedule," he said. But legislators of both parties are concerned about the cost overruns "I don't think you ever want to have a shortfall whether it's your personal budget or MnDOT's budget..." Holberg said. "We rely on professional staff to be more realistic about what the money will buy us." Fast -track projects Promising that "relief is on the way," Pawlenty in 2003 initiated an $800 million bond program that used $400 million in state highway bonds to attract $425 million in federal funding. He promised to start 19 projects years ahead of schedule. (Draft resolution for 1-94 corridor and those adjacent communities to Albertville) A RESOLUTION OF SUPPORT FOR THE INTERSTATE 94 ACCESS AND SAFETY IMPROVEMENTS AT CSAH 19 AND CSAH 37 IN THE CITY OF ALBERTVILLE THAT BENEFIT COMMUNITIES ALONG OR ADJACENT TO THE 1-94 CORRIDOR Whereas: Transportation improvements are essential to the safety of the motoring public traveling through and within the City of Albertville, and neighboring communities adjacent to and along the 1-94 corridor, and; WHEREAS, adequate road capacity, freeway access and safety improvements facilitate the efficient movement of goods, provision of services, access to residential and commercial developments along the 1-94 corridor that are vital to the region, and; WHEREAS, current planning and project development activities for 1-94 roadway improvements within the 1-94 corridor are necessary to address future growth in traffic on existing roadways, within the region and adjacent communities, and; WHEREAS, the interchange improvements at CSAH 19 and CSAH37 are part of a comprehensive, multi jurisdictional effort involving local, county and state interests and; WHEREAS, all parties involved are supportive in concept of the safety and access improvements developed consistent with planned future expansion in capacity to 1-94 along the corridor from the City of Rogers to the City of Monticello, and; WHEREAS, the 1-94 interchange project in the City of Albertville has been designated to receive $800,000 in High Priority Project funding in SAFETEA-LU; NOW, THEREFORE BE IT RESOLVED by the City of The City of supports the City of Albertville's desire to make necessary Interstate 94 freeway access and safety improvements at CSAH 19 and CSAH 37 in the City of Albertville that will benefit the communities along or adjacent to the I- 94 corridor. The Tinklenberg Group The interchange of strategies and solutions City of Albertville Consulting Services Agreement Amendment Number 1 March 1, 2006 Introduction The City of Albertville has determined that additional effort is warranted to secure federal support for the construction of traffic management alternatives along 1-94 in the City. SAFETEA-LU, the federal transportation authorization, has identified $800,000 in High Priority Project funding for this project as a result of the City's effort to date. Additional funding, however, will be necessary to advance construction of the project and reduce the cost to the City. Work necessary to accomplish this goal has been identified in the 2005 Consulting Services Proposal submitted to the City by The Tinklenberg Group. This amendment maintains those tasks through the balance of 2006 with particular emphasis on tasks associated with project funding strategies and activities. In addition, The Tinklenberg Group will be available to assist the City in securing the High Priority Project funding already authorized, processing right of way funding and other duties as assigned and within available funding. This amendment will be in effect through December 31, 2006. The cost of this amendment is $36,000 and will be billed monthly according to the terms of the original agreement between The Tinklenberg Group and the City. Agreed and Approved By: Don Peterson, Mayor City of Albertville Date Elwyn Tinklenberg, President The Tinklenberg Group Date (Draft resolution of support for the City of Albertville) A RESOLUTION REQUESTING FEDERAL TRANSPORTATION FUNDING FOR INTERSTATE 94 ACCESS AND SAFETY IMPROVEMENTS AT CSAH 19 AND CSAH 37 IN THE CITY OF ALBERTVILLE Whereas: Transportation improvements are essential to the safety of the motoring public traveling through and within the City of Albertville, and; WHEREAS, adequate road capacity and freeway access assists with the efficient movement of goods and provision of services along the 1-94 corridor and vital to the City and the region, and; WHEREAS, planning and project development activities are necessary to addressing growing demands on existing highways and local streets, and; WHEREAS, current 1-94 interchange improvement, planning and environmental studies and design activities being conducted by the City provide a framework for access, roadway capacity, and safety improvements to guide investment decisions and; WHEREAS, this activity is part of a comprehensive, multi jurisdictional effort involving the City, Wright County and the Minnesota Department of Transportation and; WHEREAS, all parties are supportive in concept of the safety and access improvements developed consistent with planned future expansion in capacity to 1-94 through the City, and; WHEREAS, the City has provided 100% funding for project activities to date WHEREAS, the 1-94 interchange project in the City of Albertville has been designated to receive $800,000 in High Priority Project funding in SAFETEA-LU; NOW, THEREFORE BE IT RESOLVED by the City of Albertville: The City of Albertville requests federal transportation program funding to finalize Interstate 94 access and interchange improvements at CSAH 19 and CSAH 37 and for construction and associated activities in the City of Albertville and will provide adequate matching funds to funding provided by Congress. MnDOT geared up to get the accelerated projects out for bids. Soon the projects were ready to start, but the money to pay for them was not. The Pawlenty plan counted on federal funds from a new congressional transportation bill. In November 2004, the state's transportation commissioner, Lt. Gov. Carol Molnau, warned: " The planning and construction of highway projects has become increasingly difficult given the absence of new federal funds and the unpredictability of future federal funding levels." Under short-term extensions, prior to passage of a new bill, Minnesota received $70 million less than MnDOT projected in 2004 and about $80 million less than projected in 2005. At the same time, project costs were escalating due to cost increases for fuel, steel and concrete. As a result, Molnau delayed start of work on the Interstate Hwys. 694/35E interchange in Little Canada by a year, and ultimately postponed the new interchange at Hwy. 169 and Interstate Hwy. 494 in Edina indefinitely. In August 2005, 22 months after MnDOT expected it, the big federal transportation bill became law, amounting to a 46 percent increase over the previous bill. Exactly what that meant was not clear until January when MnDOT announced it would receive $20 million per year less than it anticipated from the federal government through 2008, and the entire increase would go to cost overruns on metro projects. "We decided long ago that it is better to keep the projects that we had planned on board and moving forward rather than cut a bunch of metro projects and start other projects elsewhere," said Abigail McKenzie, director of MnDOT's Office of Investment Management. Outstate legislators were frustrated. "I've never seen highway projects take the political tenor that they've taken in the last three years, said Rep. Al Juhnke, DFL-Willmar. "MnDOT says, 'Well, guess what, folks, we are short of money... Don't worry, rural Minnesota, you'll never miss it'." Better cost estimates The Federal Highway Administration has encouraged MnDOT to do a better job of estimating and controlling project costs. "If something starts to increase, whether cost or schedule on a highway project, we need to be prepared to explain why," said Tom Sorel, the Minnesota division administrator for the federal agency. Page 4 of 4 MnDOT is taking steps to improve its project estimates and better control costs but not all costs are within the department's control, said Tim Henkel, MnDOT director of program management. "The reality is that as you move towards construction, you are racing to a finish line and trying to get final resolution with the communities," Henkel said. "The end product is sometimes a cost increase, but there has to be a certain amount of flexibility provided so we do the right things and we fix the right things during construction and we get sound projects." Laurie Blake - 612-673-1711 A,Ibicrtvillic Small Town Living. Big City Ufa. TO: City Council FROM: John Middendorf DATE: February 28, 2006 RE: Portable Generator —� -e.��' () 1�0 --b( At the February 6, 2006 Council was presented the s requested to purchase a portable generator set (genset) submitted by Ziegler Cat and Cummins NPower and have the following comments and recommendations: Comments 1. The Cummins submittal does not meet the requirements of the specifications. It appears that either they are unable to provide the required alternate voltage package or did not receive and acknowledge the addenda that describe the alternate voltages. 2. The Ziegler submittal appears to have all the features described in the specifications and acknowledges addenda 1, 2 and 3. 3. The Zeigler genset is the less expensive of the two with a total equipment price of $69,600.00. The cost of the Cummins genset is $74,880.00. Recommendations 1. Based on specification requirements and total cost, we recommend Zeigler Cat. 2. Once a purchase order is sent, we recommend that the City require shop drawings be submitted for final review of features, capabilities and paint color. Action Requested Approve Bid from Zeigler Cat in the amount not to exceed $ MAPublic Data\City Council\Council Packet information\2006\03-06-06\WWTF Report 02-28-06.doc