Loading...
2005-03-21 CC Packet . . . ~ 1\!~€I!'!iJL€ ALBERTVILLE CITY COUNCIL AGENDA March 21, 2005 7:00 PM 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 3. MINUTES a. March 7, 2005 City Council Minutes (pgs 3-10) 4. CITIZEN FORUM - (10 Minute Limit) 5. CONSENT AGENDA a. Approve payment of claims check numbers 021150-021207 (pgs 11-17) c. Accept a Donation of Gambling Funds from the Albertville Lions in the amount of $1,000 and make a donation to the Albertville Queens Committee for Float Repair in the amount of $1 ,000 d. Accept a Donation of Gambling Funds from the Albertville Lions in the amount of $1,000 and make a donation to the Roy Simms Library in the amount of $1 ,000 e. Application for Payment No.2 (FINAL) for 2004 Seal Coat Improvement payable to Pearson Bros., Inc. in the amount of $934.63 (pg. 19) 6. ACTION ON PULLED CONSENT ITEMS 7. 1-94 Tinklenberg Update 8. City Hall Construction discussion - Bonestroo 9. DEPARTMENT BUSINESS a. Public Works - Wastewater Treatment Plant 1. Public Works Written Report (pg. 21) 2. WWTP - Residential Radio Reads Recommendation (pg. 23) b. Planning 1. Towne Lakes 6th Addition - Final Plat and Development Agreement (pgs. 25-76) 2. Shoppes at Towne Lakes One request from Dan Temple to convert Restaurant lot to Bank site (pg. 77) 1 neutral position on locating a casino in Albertville. It was suggested that City Administrator Kruse continue to relay that the City has not taken a position on the casino issue. Any decision would come after much more information is received and evaluated. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Klecker to adjourn at 9: I 0 p.m. Motion carried unanimously. 10 . . . ----~ . . . ~ ~l?~!'!iJL€ City of Albertville City Council Minutes March 7, 2005 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members Tom Fay, Ron Klecker, LeRoy Berning and John Vetsch, City Attorney Mike Couri, City Planner Al Brixius, City Administrator Larry Kruse, and City Clerk Bridget Miller Mayor Peterson called the Albertville City Council meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. AGENDA MOTION BY Council member Klecker, seconded by Council member Berning to approve the Agenda as presented. Motion carried unanimously. MINUTES MOTION BY Council member Fay, seconded by Council member Klecker to approve the February 22,2005 regular City Council minutes, February 28,2005 City Council 1-94 Public Information Workshop minutes and March 2,2005 City Council Workshop as presented. Motion carried unanimously. CITIZEN FORUM See notebook CONSENT AGENDA MOTION BY Council member Klecker, seconded by Council member Berning to approve the consent agenda pulling item b. Motion carried unanimously. b. Approve payment of claims check numbers 021120-021141 c. Liquor License Renewals 1). Off Sale Liquor Licenses (a). Westside Liquor, Inc. (b). C.L. Gentile Inc. (c). Hackenmueller's Inc. (d). Vetsch, Gary E. 2). On Sale Liquor Licenses (a). C. L. Gentile Inc. (b). D. Michael's B's II Inc. (c). Vetsch, Gary E. (d). Cedar Creek Golf 3 3). Special Sunday On Sale Liquor License . (a). C. L. Gentile Inc. (b). D. Michael B's II Inc. (c). Vetsch, Gary E. (d). Cedar Creek Golf 4). Off Sale 3.2 Malt Beverage (a). JTS Auto Service, Inc. d. Approve Contracting with Bonestroo to Complete City Hall Topo and Boundary Survey for $4,645.00 e. Approve City Engineer's Recommendation to Accept Application for Payment No.2 (FINAL) for the 2004 Overlay Project in the amount of $4,546.42 f. Approve the City Engineer's Recommendation to Reduce the Letter of Reduction for Towne Lakes 4th Addition from $292,500 to no less than $253,500 ACTION ON PULLED CONSENT ITEMS Liquor License Renewals Staff brought to the Council's attention that a resident called commenting on Smackdown's music. City Attorney Couri suggested the City could amending the Liquor License Ordinance regulating the noise coming from within the establishment. Council tabled the Liquor License Renewals until the March 21, 2005 Council meeting. City Attorney Couri will write up the amended Liquor License Ordinance to be general for all establishments to follow. . DEPARTMENT BUSINESS PUBLIC WORKS Wastewater Superintendent Middendorf stated that Sean and himself have built carts to store the UV disinfection lamps. WW Superintendent Middendorf reported that on February 17 the sludge-dosing tank overflowed. Approximately 33,000 gallons overflowed. I contacted the duty officer, report no. 68524. What happened was the sludge-wasting pump was set to pump 9,500 gallons a day; it stuck and pumped 69,000 gallons. The reason it stuck was the PLC waits until it gets an open sign from the check valve to start counting gallons. The switch on the check valve malfunctioned, therefore it did not count the gallons it was pumping and overflowed the sludge- dosing tank. WW Superintendent Middendorf continued explaining that the sludge-dosing tank was set to decant. There was 36,000 gallons of volume left in the tank. But the pump pumped 69,000 gallons overflowing 33,000 gallons. The solids settled to the bottom of the tank and the clear water overflowed. I ran tests on the overflow water. The results were CBOD 2.37, TIS 4.8, total Phosphorus 0.781. WW Superintendent Middendorfwrapped it up stating he had completed three items to prevent this from happening in the future: 1. fixed the switch on the check valve, 2. had the computer . 4 . . programmer change the program so it does not need a signal from the check valve to start counting gallons, 3. installed a high level alarm float in the sludge-dosing tank. WW Supt. Middendorf stated the water went into a small swale between the WWTF and the PW Department. After that filled up then it proceeded on down until it hit the lake. The water that overflowed into the lake was clean water, which when tested met discharge standards.. City Administrator Kruse was very pleased with how WW Supt. Middendorfhandled the situation. He discovered the overflow and too immediate action to correct the current situation as well as noting how to prevent this in the future. METER READERS WW Supt. Middendorfupdated the Council on remote water meter (radio read) installation stating the original plan would require up to nine (9) years to complete city-wide installation. Council then suggested that staff look into hiring some temporary help to speed the installation up. CSAH 19 & 68TH STREET WATER MAIN WW Supt. Middendorf wanted the Council to consider extending the water main on the north end ofCR 19. With the proposal to widen 68th Street intersection now, it would be a good time to extend the water main. Council recalled when 67th Street went in, there would be a water main that would cross under CR 19 to service that area. Assistant City Engineer Moberg confirmed that a water main line did cross under CR 19 to service the area, but with the future expansion of Towne Lakes 5th it could use an additional water main line. PLANNING AND ZONING None BUILDING DEPARTMENT FEBRUARY 2005 MONTHLY REPORT City Administrator Kruse stated that Building Official Sutherland would be submitting a report to the Council on a monthly basis. Council directed staff to include it in the packet only not as a separate item in their envelope and to send it in an executive summary format. The Council commented it was a good report, but to conserve on paper. . ENGINEERING 5 1-- ApPROVAL OF WASTEWATER TREATMENT PLANT EXPANSION No.2 PLANS AND SPECIFICATIONS MOTION BY Council member Klecker, seconded by Mayor Peterson to approve the Wastewater Treatment Plant Expansion No.2 Plans and Specifications. Motion carried unanimously. . ApPROVAL OF WASTEWATER TREATMENT PLANT EXPANSION No.2 ENGINEERING AGREEMENT City Attorney Couri brought to the Council's attention a number of revisions to the Agreement. Page 3. Section 2. - S.E.H.'s efforts will be directed toward providing a greater degree of confidence for the OWNER that the completed work of the Contractor will conform to the Contract Documents, but S.E.H. shall not be responsible for the contractor's failure to perform the construction work in accordance with the Contract Documents. Page 11. Section 6. - S.E.H. shall not be required to sign any documents, no matter by whom requested, that would result in S.E.H. having to certify, guarantee, or warrant the existence of conditions whose existence S.E.H. cannot ascertain. Page 14. Section E. 1. - They are not intended or represented to be suitable for reuse by the OWNER or others on extensions of the Project or on any other project. Any reuse without written consent or adaptation by S.E.H. for the specific purpose intended will be at the OWNER's sole risk and without liability or legal exposure to S.E.H. . Page 14. Section E. 2. - In accepting and utilizing any drawings or other data on any form of electronic media generated and provided by S.E.H., the OWNER covenants and agrees that all such drawings and data are instruments of service of S.E.H., who shall be deemed the author of the drawings and data, and shall retain all common law, statutory law and other rights, including copyrights. S.E.H. hereby grants an irrevocable written license to the OWNER to use drawings, electronic media or other data generated and provided by S.E.H. for the Project as necessary for the use, maintenance, operation or expansion of the Project. This written license does not apply to the release or reuse of drawings, electronic media or other data generated and provided by S.E.H. on other unrelated projects. Under no circumstances shall transfer of the drawings and other instruments of service on electronic media for use by the OWNER be deemed a sale by S.E.H. and S.E.H. makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. S.E.H. does agree, however, that services provided per this Agreement are to be provided consistent with the standard of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Page 15. Section E. 7. - has been removed . 6 . . . Page 17. Section I. 1. - This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault ofthe party initiating the termination. In the event oftermination S.E.H. shall be compensated for services performed to termination date, including charges for expenses and equipment costs then due and all termination expenses. Termination expenses, for purposes of this Agreement, are those expenses directly attributable to termination for which S.E.H. is not otherwise compensated, exclusive of lost profits. City Attorney Couri stated that we could add the same language we put into Bonestroo's Agreement. Something to the effect of 'Termination in general . . . for cause. . .' MOTION BY Council member Vetsch, seconded by Council member Fay to approve the Wastewater Treatment Plant Expansion No.2 Engineering Agreement with the recommended changes to Section I. 1. Motion carried unanimously. AUTHORIZATION TO BID THE WASTEWATER TREATMENT PLANT EXPANSION No.2 MOTION BY Council member Vetsch, seconded by Council member Klecker to authorize S.E.H. to Bid the Wastewater Treatment Plant Expansion No.2. Motion carried unanimously. John Stadoda, S.E.H., wanted to make sure the Council was aware the advertisement to accept Bids would be placed on Friday, March 11 tho OVERVIEW OF THE 70TH STREET TRANSPORTATION STUDY BY BOB MOBERG CiZ Administrator Kruse stated that Albertville and Otsego staff met to discuss the overview of 70t Street Transportation Study. Assistant City Engineer Moberg is here to present the outcome of the meeting. Assistant City Engineer Moberg talked about the potential access points on 70th Street. There are a number of access points that have been platted east of CR 19 in the Towne Lakes and Hunter's Pass. Assistant City Engineer Moberg commented when looking at the full 70th Street Corridor we have identified nine (9) locations for access points, whether in Albertville or Otsego. Working from left to right on the map - 1. would be a full interchange, allowing a right or left in and out from the street; 2. would be a restricted interchange, allowing only a right in and right out; 3. would be a full interchange; 4. would be a restricted interchange; 5. would be a restricted interchange; 6. would be a restricted interchange; 7. would be a full interchange; 8. would be a restricted interchange; 9. would be a restricted interchange. Assistant City Engineer Moberg did point out that since number 4 is restricted, it could be combined with number 3 making it a full interchange. Therefore eliminating number 4. 7 Assistant City Engineer Moberg informed the Council that this would be going before the Otsego . Council at the March 14, 2005 Council meeting for discussion. Council asked if the County wants all of the access points. Assistant City Engineer Moberg shared that the County probably does not want all of the access points. The County would like to space the access points according to rural standards. City Planner Brixius confirmed with Mr. Moberg that the County would like to see the roads spaced according to rural standards. Remember, when we approved Towne Lakes commercial and residential we did not have the NW Transportation Study. We were not aware of the restrictions the County had. City Planner Brixius state we have looked at what has been platted and what is proposed. If we went with the County's grid, we would be limited to one full access on either side ofCR 19. Council was concerned with investing a considerable amount of money into 70th Street and then turn it over to the County. City Planner Brixius stated that he has brought it to Towne Lakes attention to limit their access points on an interim basis. We, the City, cannot guarantee it will always be a full access. City Administrator Kruse shared that we have talked about this at a Consultant Stafflevel and . came to the conclusion it may be a City Project in completing 70th Street. City Planner Brixius informed the Council that Otsego and Albertville staffs feel we will have developed the corridor way before the County will take it over. But again, we will work to meet the City's interest. City Administrator Kruse wrapped it up with the fact that he wanted to present it to you to get your thoughts, concerns, and questions. LEGAL None FINANCE WRITTEN REpORT Finance Director Lannes stated that the total accounts receivable billed through February 2005 is $1,380,468.26, since the billing/invoicing system has been set up. Ofthat amount, staff has collected $585,830.58 as of February 28, 2005. The percentage of the total due based on the aging report is: 9% 0-30 days past due; 1 % 30-60 days past due; 3% 60-90 days past due; 87% 90+ days past due. Ms. Lannes wanted the Council to know that 84% of the 90+ days outstanding balance are Pilot Land Company, Edina Development and Kent Roessler plus another 4% is due to WAC charges that were mis-calculated for Spectator's, Coborn's and H.J. . 8 . . . Development. Ms. Lannes explained that the developers wanted itemized statements. As far as the remaining vendors and developers, they are paying their invoices on a timely manner, very few are charged a late fee. Council complimented Finance Director Lannes on a good report. They look forward to seeing these in the future. ADMINISTRATION WRITTEN REpORT City Administrator Kruse stated he is working with Fire Chief Long to schedule the Harassment Training. City Administrator Kruse informed the Council of a meeting set for Tuesday, March 8 with the City of Otsego to go over service area maps, maps of newly developed areas, identifying protocols for using their new water system in the winter, site review for adequate turning radiuses for fire trucks and more. City Administrator Kruse reported that Mark Matuska staff for Congressman Kennedy stating the were successful in getting $1 million dollars designated in the House Transportation Bill for CSAH 19 and 94 ramps. City Administrator Kruse went on to discuss Old Castle Glass. Representatives for Old Castle Glass expressed the interest to expand their facilities. Currently Old Castle Glass is 80% built out and wants to build on over 90% of their property. City Administrator Kruse stated the Consultant staff is working very hard to accommodate them, however, it is a challenge. City Administrator Kruse added that he had contacted Wright County to get some support on TIF or other job rights. Wright County was not supportive. WRIGHT COUNTY PROPOSAL ON AERIAL PHOTOGRAPHY ($1,973.68) MOTION BY Mayor Peterson, seconded by Council member Klecker to approve the City's participation with the Partnership in an Aerial Photography Program in 2005 in the amount of $1,973.68. Motion carried unanimously. OTHER BUSINESS. MINUTES AND MATERIALS PARKS COMMITTEE MEMBER APPOINTMENTS City Administrator Kruse reported that the Parks Committee met at 6:00 p.m. and reviewed the questionnaires from interested residents. The Parks Committee recommended appointing Lauren Kastner and Dorothy Rich to the committee. This Committee would address issues of updating park equipment, overseeing the design of the parks and trails map, and other similar duties. MOTION BY Mayor Peterson, seconded by Council member Fay to appoint Lauren Kastner and Dorothy Rich to the Parks Committee. Motion carried unanimously. City Administrator Kruse stated that he has had a number of calls on the potential of a Casino within the Albertville City limits. The City Council confirmed that they wanted to maintain a 9 neutral position on locating a casino in Albertville. It was suggested that City Administrator . Kruse continue to relay that the City has not taken a position on the casino issue. Any decision would come after much more information is received and evaluated. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Klecker to adjourn at 9:10 p.m. Motion carried unanimously. . . 10 . . . CITY OF ALBERTVILLE *Check Detail Register@) March 2005 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 021150 3/21/2005 ACCLIVITY INFORMATION TECH E 101-41940-399 Miscellaneous $1,691.22 2007 Total ACCLIVITY INFORMATION TECH $1,691.22 Paid Chk# 021151 3/21/2005 ALEX AIR APPARATUS E 101-42000-404 RepairlMaint- Total ALEXAIRAPPARATUS Paid Chk# 021152 3/21/2005 ALLlNA MEDICAL CLINIC E 601-49450-300 Professional Srvs (GENERAL) $40.00 1532 Total ALLINA MEDICAL CLINIC $40.00 Paid Chk# 021153 3/21/2005 ARAMARK UNIFORM SERVICES E 101-45100-417 Uniform Rentals $20.37 629-5644251 E 602-49400-417 Uniform Rentals $13.60 629-5644251 E 601-49450-417 Uniform Rentals $13.60 629-5644251 E 101-43100-417 Uniform Rentals $20.40 629-5644251 E 101-43100-405 Repair/Maint - Buildings $51.06 629-5644252 E 101-43100-417 Uniform Rentals $19.97 629-5649070 E 601-49450-417 Uniform Rentals $13.32 629-5649070 E 602-49400-417 Uniform Rentals $13.32 629-5649070 E 101-45100-417 Uniform Rentals $19.98 629-5649070 E 101-43100-417 Uniform Rentals $17.04 629-5649071 E 101-43100-417 Uniform Rentals $17.04 629-5649071 E 601-49450-417 Uniform Rentals $17.08 629-5653963 E 101-43100-417 Uniform Rentals $25.62 629-5653963 E 602-49400-417 Uniform Rentals $17.08 629-5653963 E 101-45100-417 Uniform Rentals $25.61 629-5653963 E 601-49450-417 Uniform Rentals $16.35 629-5659665 E 101-43100-417 Uniform Rentals $24.53 629-5659665 E 602-49400-417 Uniform Rentals $16.35 629-5659665 E 101-45100-417 Uniform Rentals $24.50 629-5659665 E 101-43100-417 Uniform Rentals $17.04 629-5659666 E 101-43100-417 Uniform Rentals $19.77 629-5664489 E 602-49400-417 Uniform Rentals $13.18 629-5664489 E 601-49450-417 Uniform Rentals $13.18 629-5664489 E 101-45100-417 Uniform Rentals $19.73 629-5664489 E 601-49450-417 Uniform Rentals $10.22 629-5664490 E 602-49400-417 Uniform Rentals $10.22 629-5664490 E 101-45100-417 Uniform Rentals $15.33 629-5664490 E 101-43100-417 Uniform Rentals $15.29 629-5664490 Total ARAMARK UNIFORM SERVICES $520.78 Paid Chk# 021154 3/15/2005 POSTMASTER E 601-49450-322 Postage E 602-49400-322 Postage Total POSTMASTER Paid Chk# 021155 3/21/2005 AUDIO COMMUNICATIONS E 602-49400-323 Nextel Radio Units Total AUDIO COMMUNICATIONS Paid Chk# 021156 3/21/2005 BEACON SEMINAR E 101-45100-208 Training and Instruction Total BEACON SEMINAR Paid Chk# 021157 3/21/2005 BOYER TRUCKS $445.12 7997 $445.12 $211.72 $211.71 $423.43 $47.87 70086 $47.87 $99.00 $99.00 server, wireless access points 5 point head strap, baler seal Random testing SV Uniform Serv - Parks Dept Uniform Serv - Water Dept Uniform Serv - Sewage Dept. Uniform Serv - PW Dept. Mats Uniform Serv - PW Dept. Uniform Serv - Sewage Dept. Uniform Serv - Water Dept Uniform Serv - Parks Dept Uniform Serv - PW Dept. Uniform Serv - PW Dept. Uniform Serv - Sewage Dept. Uniform Serv - PW Dept. Uniform Serv - Water Dept Uniform Serv - Parks Dept Uniform Serv - Sewage Dept. Uniform Serv - PW Dept. Uniform Serv - Water Dept Uniform Serv - Parks Dept Uniform Serv - PW Dept. Uniform Serv - PW Dept. Uniform Serv - Water Dept Uniform Serv - Sewage Dept. Uniform Serv - Parks Dept Uniform Serv - Sewage Dept. Uniform Serv - Water Dept Uniform Serv - Parks Dept Uniform Serv - PW Dept. Postage Utility Billing Postage Utility Billing case & car charger training MJ 03/15/054:42 Pal 11 CITY OF ALBERTVILLE *Check Detail Register@) March 2005 Check Amt Invoice Comment E 101-43100-542 C/O - Snow Plow E 102-49440-542 C/O - Snow Plow Total BOYER TRUCKS Paid Chk# 021158 3/21/2005 CARQUEST E 601-49450-210 Operating Supplies E 101-43100-404 Repair/Maint- Total CARQUEST $20,000.00 S56245 $36,120.00 S56245 $56,120.00 $23.53 0262100 $15.64 0264608 $39.17 Paid Chk# 021159 3/21/2005 CDW-G E 101-41400-570 Office Equip and Furnishings E 101-43100-582 C/O - Misc. Equipment E 101-41500-207 Computer Supplies Total CDW-G Paid Chk# 021160 3/21/2005 CENTER POINT ENERGY E 101-41940-383 Gas Utilities E 101-42400-383 Gas Utilities E 101-45100-383 Gas Utilities E 101-42000-383 Gas Utilities E 601-49450-383 Gas Utilities E 101-43100-383 Gas Utilities Total CENTER POINT ENERGY Paid Chk# 021161 3/21/2005 COBORN'S E 101-42000-200 Office Supplies (GENERAL) $27.34 101095305 Total CO BORN'S $27.34 Paid Chk# 021162 3/21/2005 COMPUTER SERVICES & REPAIR E 101-41940-405 Repair/Maint - Buildings $196.17 21498 Total COMPUTER SERVICES & REPAIR $196.17 Paid Chk# 021163 3/21/2005 COURI & MACARTHUR G 101-22850 Planning & Zoning Escrow $1,062.50 0305 E 101-41610-304 Legal Fees $1,031.25 0305 E 101-41610-304 Legal Fees $656.25 0305 E 101-41610-304 Legal Fees $125.00 0305 E 101-41610-304 Legal Fees $125.00 0305 E 491-49000-304 Legal Fees $31.25 0305 E 101-41600-304 Legal Fees $31.25 0305 E 101-41600-304 Legal Fees $1,562.50 0305 E 476-49000-304 Legal Fees $593.75 0305 E 482-49300-304 Legal Fees $687.50 0305 E 101-41610-304 Legal Fees $31.25 0305 Total COURI & MACARTHUR $5,937.50 Paid Chk# 021164 3/21/2005 DAVIES WATER EQUIPMENT CO. E 602-49400-250 Meters for Resale $3,621.00 3276642 Total DAVIES WATER EQUIPMENT CO. $3,621.00 Paid Chk# 021165 3/21/2005 DIRECT SAFETY COMPANY E 466-49000-300 Professional Srvs (GENERAL) Total DIRECT SAFETY COMPANY Paid Chk# 021166 3/21/2005 DON'S AUTO & REPAIR E 101-42000-212 Motor Fuels $18.90 31737 Total DON'S AUTO & REPAIR $18.90 Paid Chk# 021167 3/21/2005 EGGEN'S DIRECT SERVICE, INC. $53.24 RD39655 $15.43 RE06576 $53.24 RE61357 $121.91 Snow Plow PW Snow Plow PW spot light brake line, BF, Carb/choke cln memory for scan clerk computer power cord for PC memory for scan computer $167.56 50100005490 5975 Main Ave $420.74 50100005760 5954 Main Ave $201.69 50100064000 5801 Lander Ave $623.00 50100152210 11350 57th St $674.39 50100190670 6440 Maciver Ave $1,101.30 50100276460 6461 Maciver ave $3,188.68 $170.06 00414342 $170.06 wright county chiefs mtg wiring to move bldg dept over Hunters Pass Edina Development Default Towne Lakes 3 Pilot Litigation Outlet Mall Expansion WWTP Phase 2 70th Street YMCA, Staff mtgs, Council Mtgs 50th Street Trail City Hall Mooney's 2nd additon wall miu assy . lock screw & g haz mat stor, emer eye wash, f fuel 03/15/. . . 12 . . . CITY OF ALBERTVILLE *Check Detail Register@) March 2005 Check Amt Invoice Comment fuel fuel fuel fuel fuel fuel E 601-49450-212 Motor Fuels $44.00 95180 E 602-49400-212 Motor Fuels $34.26 95182 E 602-49400-212 Motor Fuels $71.00 95191 E 601-49450-212 Motor Fuels $45.00 95202 E 602-49400-212 Motor Fuels $40.00 95207 E 101-42400-212 Motor Fuels $41.68 95209 Total EGGEN'S DIRECT SERVICE, INC. $275.94 Paid Chk# 021168 3/21/2005 ENGINEERING AMERICA, INC E 601-49450-404 Repair/Maint- $1,813.80 5911 Total ENGINEERING AMERICA,INC $1,813.80 Paid Chk# 021169 3/21/2005 H & L MESABI PRODUCTS E 101-43100-404 Repair/Maint - $707.09 64666 E 101-43100-404 Repair/Maint- $1,045.15 64667 Total H & L MESABI PRODUCTS $1,752.24 Paid Chk# 021170 3/21/2005 HALLMAN OIL COMPANY.FUEL DIV E 101-45100-212 MotorFuels $111.75 145451 Total HALLMAN OIL COMPANY-FUEL DIV $111.75 Paid Chk# 021171 3/21/2005 HEALTH PARTNERS E 101-45100-130 Employer Paid Ins $577.26 E 101-41400-131 Employer Paid Health $927.16 E 101-43100-130 Employer Paid Ins $1,295.32 E101-42400-130 EmployerPaidlns $1,361.52 G 101-21706 Group Insurance Payable $1,716.45 E 101-41300-133 Employer Paid Dental $30.80 E 602-49400-130 Employer Paid Ins $629.71 E 601-49450-130 Employer Paid Ins $577.26 E 101-41500-131 Employer Paid Health $417.21 Total HEALTH PARTNERS $7,532.69 Paid Chk# 021172 3/21/2005 KERN, DEWENTER, & VI ERE, L TD E 101-41400-301 Auditing and Acct'g Services $17,250.00 49150 Total KERN, DEWENTER, & VIERE, LTD $17,250.00 Paid Chk# 021173 3/21/2005 LARSON PUBLICATIONS E 101-41100-351 Legal Notices Publishing Total LARSON PUBLICATIONS Paid Chk# 021174 3/21/2005 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $264.23 134775 Total MINNESOTA COpy SYSTEMS $264.23 Paid Chk# 021175 3/21/2005 MINNESOTA MUNICIPAL UTILITIES E 601-49450-433 Dues and Subscriptions $238.00 24807 Total MINNESOTA MUNICIPAL UTILITIES $238.00 Paid Chk# 021176 3/21/2005 MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $40.00 513 E 101-42700-309 Animal Control Contract $232.00 7813 Total MONTICELLO ANIMAL CONTROL $272.00 Paid Chk# 021177 3/21/2005 N. A. C. E 468-49000-306 Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees lamps, o-rings, sleeves carbon plow blade, plow bolt w plow blade premier diesel off rd polar Emp Health/Dental Ins Emp Health/Dental Ins Emp Health/Dental Ins Emp Health/Dental Ins Emp Health/Dental Ins Emp Port Emp Health/Dental Ins Emp Health/Dental Ins Emp Health/Dental Ins Emp Health/Dental Ins audit $66.49 01523467-00 PH Old Castle Glass $66.49 $299.10 14160 $93.50 14160 $742.91 14160 $93.50 14160 Maintenance contract annual dues 2005 Pick up Dog, Pick up Cat Animal Control Service CR 19/1 94 Interchange ordinance codification sidewalk issue, fee schedule, banner signs 03/15/054:42 Pai 13 CITY OF ALBERTVILLE *Check Detail Register@ Total N. A. C. Paid Chk# 021178 3/21/2005 NCL OF WISCONSIN E 601-49450-210 Operating Supplies $172.96 179530 Total NCL OF WISCONSIN $172.96 Paid Chk# 021179 3/21/2005 NORTH CENTRAL PARTS & SERVICE E 101-43100-404 Repair/Maint - $196.94 NC00100434 steel, bolt kit, trip spring Total NORTH CENTRAL PARTS & SERVICE $196.94 Paid Chk# 021180 3/21/2005 NORTHERN SAFETY CO., INC. E 101-43100-215 Shop Supplies $89.48 P1084207010 vented hardhats, ear muff, win E 466-49000-560 Furniture and Fixtures $383.49 P1100364010 storage cabinet countertop PW E 466-49000-570 Office Equip and Furnishings $103.95 P1100364010 sign ear protection, tire exti Total NORTHERN SAFETY CO., INC. $576.92 Paid Chk# 021181 3/21/2005 NORTHERN TOOL & EQUIPMENT E 601-49450-404 Repair/Maint - $79.96 0193057936 hitch pn clp, welding pliers, E 101-43100-215 Shop Supplies $17.15 11530022 small springs Total NORTHERN TOOL & EQUIPMENT $97.11 Paid Chk# 021182 3/21/2005 NORTHLAND CHEMICAL CORP. E 101-43100-404 Repair/Maint - $167.31 88000 Total NORTHLAND CHEMICAL CORP. $167.31 Paid Chk# 021183 3/21/2005 OFFICE MAX. A BOISE COMPANY E 101-42400-200 Office Supplies (GENERAL) $6.91 141629 E 101-41400-200 Office Supplies (GENERAL) $30.87 145131 E 101-41400-200 Office Supplies (GENERAL) $143.67 911597 Total OFFICE MAX. A BOISE COMPANY $181.45 Paid Chk# 021184 3/21/2005 PArS 66 E 101-43100-212 Motor Fuels E 601-49450-212 Motor Fuels March 2005 E 101-41915-306 E 101-41915-306 E 101-41915-306 E 101-41915-306 E 101-41915-306 E 101-41915-306 E 101-41915-306 E 101-41915-306 E 101-41915-306 E 101-41915-306 E 101-41915-306 E 101-41910-306 Check Arnt Invoice $190.20 14161 $44.00 14161 $55.00 14161 $44.00 14161 $55.00 14161 $32.50 14161 $136.82 14161 $585.63 14161 $342.40 14161 $198.00 14161 $44.00 14161 $625.00 14162 $3,581.56 Planning Fees Planning Fees Planning Fees Planning Fees Planning Fees Planning Fees Planning Fees Planning Fees Planning Fees Planning Fees Planning Fees Planning Fees Total PAT'S 66 Paid Chk# 021185 3/21/2005 PEARSON BROTHERS,INC. E 101-43100-223 Seal Coating Total PEARSON BROTHERS. INC. Paid Chk# 021186 3/21/2005 PINNACLE PRINTING, INC. E 101-41100-300 Professional Srvs (GENERAL) E 602-49400-203 Printed Forms E 601-49450-203 Printed Forms Total PINNACLE PRINTING, INC. Paid Chk# 021187 3/21/2005 POSTMASTER $40.01 1749 $39.57 1751 $79.58 $934.63 $934.63 $282.23 4127 $316.84 4166 $316.84 4166 $915.91 Comment Albertville Orthodontics Finn Daniels Rapid oil change Towne Lakes 4th MN Light & Fireplace Sign Revi Towne Lakes 2nd Shoppes at Towne Lakes Freesta Hunters Pass Towne Lakes 6th Old Castle Precast Site review Outlet Mall Fence/Sheds Shoppes at Prairie Run planning comm mtg, staff mtg, 100 pk Whatman 934AH, 100 pk P soap, ansi-flush, etc cleaner ink cart for fax pens, paper, boxes, ppr,fldrs fuel fuel pmt 2 tinal 2004 Seal Coat Imp newsletter paper utiltiy bills utiltiy bills 03/15. . . 14 . CITY OF ALBERTVILLE *Check Detail Register@) 03/15/054:42 Pal March 2005 E 601-49450-322 Postage E 602-49400-322 Postage E 101-41400-322 Postage Check Amt Invoice $75.00 $75.00 $150.00 $300.00 . Total POSTMASTER Paid Chk# 021188 3/21/2005 RED'S PORTABLE TOILETS E 101-45100-415 Other Equipment Rentals Total RED'S PORTABLE TOILETS Paid Chk# 021189 3/21/2005 S.E.H. E 101-41710-303 Engineering Fees E 491-49000-303 Engineering Fees E 466-49000-303 Engineering Fees E 101-41710-303 Engineering Fees E 476-49000-303 Engineering Fees E 473-49000-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 465-49000-303 Engineering Fees E 101-41710-303 Engineering Fees E 476-49000-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-43100-224 Street Overlayment E 101-43100-223 Seal Coating G 101-22850 Planning & Zoning Escrow E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41700-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41700-303 Engineering Fees E 101-41710-303 Engineering Fees G 101-22800 Landscaping Escrow E 101-41700-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41700-303 Engineering Fees E 101-41700-303 Engineering Fees $82.54 10194 $82.54 . $5.70 125937 $59,380.00 126095 $12,866.96 126391 $453.38 126396 $1,535.71 126397 $8,608.26 126398 $1,179.38 126444 $33.28 126445 $420.45 126446 $180.64 126447 $68.92 126448 $41,499.95 126449 $96.53 126450 $430.99 126451 $51.14 126452 $736.57 126453 $45.98 126454 $45.98 126455 $1,735.42 126456 $380.82 126457 $110.00 126458 $19.50 126458 $440.00 126458 $330.00 126458 $110.00 126458 $110.00 126458 $1,888.94 126458 $93.00 126458 $55.00 126458 $55.00 126458 $55.00 126458 $55.00 126458 $19.50 126458 $110.00 126458 $55.00 126675 $1,208.52 126678 $2,125.00 126678 $700.10 126729 $1,190.51 127803 $562.00 127804 $5,121.99 127805 Total S.E.H. $144,170.12 Paid Chk# 021190 3/21/2005 SCHERER BROTHERS LUMBER CO E 466-49000-300 Professional Srvs (GENERAL) $26.20 40034843 Total SCHERER BROTHERS LUMBER CO $26.20 Paid Chk# 021191 3/21/2005 SENTRY SYSTEMS, INC. Comment Permit #2 - Annual Fee Permit #2 - Annual Fee Permit #7 - Annual Fee Ice rink unit 11681 Laketowne I/'NVTP Phase 2 plans & Specs PW Design & Construction Karston Cove 3rd School Ped & Bike Trail Prairie Run Albertvilla's 3rd addition Albertvilla's 4th 01 Cedar Creek South 7th Albertvilla's 6th Towne Lakes Phase II CSAH 19 Ramps Kollville Estates 3rd Primary School Ball Fields Karston Cove 3rd Shoppes at Towne Lakes 04 Street Overlay 04 Street Seal Coat Hunter's Pass Towne Lakes 5th Albertville Dental Albertville Dental Fraser Steel Albertville Dental Old house glass Albertville Dental fire service map, staff mtg, c Towne Lakes Old Castle Glass JPWB JPWB Albertville Dental Albertville Dental Mooney 2nd Commercial Property Access Roa 70th Street Cooridor Study 70th Street Cooridor Study Roadway Infrastructure Funding Towne Lakes 6th Mud lake Water Main Crossing 70th Street Traffic Analysis 2 X 2 Premium SPF 15 CITY OF ALBERTVILLE *Check Detail Register@) March 2005 Check Amt Invoice Comment PW ,monitoring services FD ,monitoring services E 101-43100-405 Repair/Maint - Buildings E 101-42000-405 Repair/Maint - Buildings Total SENTRY SYSTEMS, INC. Paid Chk# 021192 3/21/2005 SIMPLEXGRINNELL E 101-42000-405 Repair/Maint - Buildings Total SIMPLEXGRINNELL Paid Chk# 021193 3/21/2005 SPRINT - IL E 101-41940-321 Telephone Total SPRINT. IL Paid Chk# 021194 3/21/2005 TIMM, SHANNON R 601-00000-99999 UNALLOCATED UTILITY Total TIMM, SHANNON Paid Chk# 021195 3/21/2005 TINKLENBERG GROUP E 468-49000-300 Professional Srvs (GENERAL) Total TINKLENBERG GROUP Paid Chk# 021196 3/21/2005 U.S. BANK TRUST N.A. E 324-47000-620 Fiscal Agent's Fees E 353-47000-620 Fiscal Agent's Fees E 466-49000-620 Fiscal Agent's Fees E 355-47000-620 Fiscal Agent's Fees E 601-49450-620 Fiscal Agent's Fees Total U.S. BANK TRUST N.A. Paid Chk# 021197 3/21/2005 VERIZON E 101-42000-321 Telephone Total VERIZON Paid Chk# 021198 3/21/2005 VOLD, SEAN E 602-49400-331 Travel Expenses Total VOLD, SEAN Paid Chk# 021199 3/21/2005 WASTE MANAGEMENT E 101-41940-384 Refuse/Garbage Disposal E 101-41940-384 Refuse/Garbage Disposal Total WASTE MANAGEMENT Paid Chk# 021200 3/21/2005 WATER LABORATORIES INC E 601-49450-218 Testing Expenses Total WATER LABORATORIES INC Paid Chk# 021201 3/21/2005 WESTSIDE L1QUOR,INC R 101-00000-32210 Building Permits Total WESTSIDE LIQUOR, INC 3/21/2005 WOODSIDE COMMUNITIES Landscaping Escrow $2,750.00 Landscaping Escrow $2,750.00 Landscaping Escrow $2,750.00 Landscaping Escrow $2,750.00 Landscaping Escrow $2,750.00 Total WOODSIDE COMMUNITIES $13,750.00 Paid Chk# 021203 3/21/2005 WRIGHT COUNTY HIGHWAY DEPT. E 101-43100-221 Ice Removal $2,245.84 4463 Paid Chk# 021202 G 101-22800 G 101-22800 G 101-22800 G 101-22800 G 101-22800 $7.78 428888 $55.65 430016 $63.43 $107.00 60228605 $107.00 $55.44 $55.44 $75.00 $75.00 $5,521.90 1070 $5,521.90 $422.25 1465451 $373.75 1467092 $1,400.00 1467889 $158.13 1469351 $250.00 1469403 $2,604.13 monitoring system Idst refund overpd utility bill funding project development & Albertville GO 1993 A Refundin Albertville Tax Inc Bonds 1996 Public Facilities Lease 1999 A Albertville GO 1999 A bonds Ag GO Sewer Rev Bonds 2000 A Agen $12.35 3589913527 FD Cell Phone Rescue 4 $12.35 $30.00 $30.00 training $134.83 10441771593 Refuse Waste Hauler $62.34 10511431593 Refuse Waste Hauler $197.17 $575.70 $575.70 $50.00 $50.00 Testing Expense (CBOD-5) reimburse liquor license fee 10259 Karston Ct 10274 Karston Ct 10445 Jason Lane 10479 Jason Lane 10241 Karston Ct salt 03/15/. . . 16 . . . CITY OF ALBERTVILLE *Check Detail Register@ Total WRIGHT COUNTY HIGHWAY DEPT. $2,245.84 Paid Chk# 021204 3/21/2005 WRIGHT COUNTY JOURNAL.PRESS E 101-41400-433 Dues and Subscriptions $31.00 Total WRIGHT COUNTY JOURNAL.PRESS $31.00 Paid Chk# 021205 3/21/2005 WRIGHT CTY SHERIFFS PATROL E101-42110-307 Police Contract Fees $23,238.33 Patrol 05-03 Total WRIGHT CTY SHERIFFS PATROL $23,238.33 Paid Chk# 021206 3/21/2005 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee Total WRIGHT RECYCLING Paid Chk# 021207 3/21/2005 XCEL ENERGY E 101-43160-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43160-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-42400-381 Electric Utilities E 101-43160-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-43160-381 Electric Utilities E 601-49450-381 Electric Utilities E 601-49450-381 Electric Utilities E 101-43160-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-43160-381 Electric Utilities Total XCEL ENERGY 10100 Premier Bank Fund Summary 101 GENERAL FUND 1 02 CAPITAL OUTLAY RESERVE 3241993A GO REF/lMP 353 1996A GO TIF BOND 355 1999A GO IMPROVEMENT 465 2003 CSAH 19 WIDENING 466 PUBLIC WORKS FACILITY 468 CSAH 19 RAMPS 473 PRAIRIE RUN 476 SCHOOL PEDESTRIAN - BIKE TRAIL 482 CITY HALL 2004-5 491 WWTF Phase 2 601 SEWER FUND 602 WATER FUND March 2005 Check Amt Invoice Comment annual subscription March 05 Patrol $3,297.00 $3,297.00 Feb 05 Recycling $23.25 51416598070 5700 Labeaux signal $23.34 51457964030 Directional Co $389.22 51460281660 6461 Maciver Ave $22.15 51468978500 11750 Count Rd 37 signal $42.08 51475240120 6002 Main Ave $91.39 51477097970 5964 Main Ave $21.05 51511236300 Directional Co $7.43 51538187690 11474 58th St $3.72 51555641080 Fire Siren $287.15 51580789340 11401 58th St $24.03 51596246090 11060 61st St Unit Signal $211.93 51606534810 11200 60th St $1,711.89 51636362260 6451 Maciver Sewer Plant $4.19 51644391160 Fire Siren $4.28 516443911605975 Main Ave $4,102.81 51690103800 4940 Kaiser & Street Lighting $6,969.91 $312,592.72 10100 Premier Bank $129,558.08 $36,120.00 $422.25 $373.75 $158.13 $41,499.95 $14,950.66 $5,821.00 $8,608.26 $2,560.45 $687.50 $59,411.25 $7,260.30 $5,161.14 $312,592.72 03/15/05 4:42 Pal 17 .~ SEH MEMORANDUM TO: Larry Kruse Albertville City Administrator FROM: Robert L. Moberg, PE Project Manager DATE: March 10, 2005 RE: 2004 Seal Coat Improvement Albertville, Minnesota SEH No. A-ALBEV0413 Enclosed please find Application for Payment No.2 (FINAL) for this project in the amount of $934.63. With this payment, the final contract amount is $18,692.60. . We reviewed this application and it appears to be in order. When payment is made, sign all copies and distribute as follows: Pearson Bros., Inc. SEH City of Albertville The following final paperwork documents are also enclosed for your files: Final Statement IC-134 State Withholding Form Lien Waiver Consent of Surety to Final Payment If you have any questions, please feel free to call me at 651.490.2147. nm Enclosures x:\ae\albev\common\0413\afpfnlcty.doc c: Russ Bly, SEH File . 19 . City of Albertville MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: March 14, 2005 SUBJECT: Public W orks/Parks Maintenance Report We have been busy working in the new Public Works shop. We rebuilt the Flayle mower preparing it for weeds Summer 2005. We built an attachment for the Bobcat forks for loading brush and debris. We have been making repairs on the '79 International and other miscellaneous equipment. The new Plow Truck should be here by the time you receive this report. We have been trimming trees at the City Park. . I have priced out the finishing touches for the Albert Villas Park: small basketball court with parking lot, curbing around the playground parking lot and a trail around the park. Omann Brothers low bid for the above is $68,375. For playground equipment and installation is $39,910. A total cost for the project is $108,285. We will need to decide on playground surfacing and get a price. We will install a gazebo at a later date. TG:bmm . 21 . ~ A1~~!"l'!tllE: TO: FROM: DATE: City Council Tina Lannes/John Middendorf March 10, 2005 Radio Read RE: ISSUES ANALYSIS The City of Albertville has been working on converting all utility accounts to electronic meter reading. Staff has approximately installed 300 units that should be on line by the end ofthis month. Due to limited staffing, time and budgeting, the original budgeted amount would take the City roughly 9 years to convert everyone over, but we are slightly ahead of schedule. Council raised the question of hiring out the installs to speed up the process, but budgeting was a concern. COST . If the City of Albertville was to hire an intern to install a goal of 10 meters per day, 50 meters per week resulting in 500 meters in a 3 month span, the estimated cost to do so would be $53,000. The breakdown would be to pay the intern $12.00 per hour for 8 hours a day times 12 weeks resulting in $6,500 and 500 meters with a cost of $46,500. We could look into and consider using Water Access Charges to pay for the unbudgeted expense. This is a qualified use of Water Access Funds with currently 2,072 active utility accounts and more being added each year, staff sees conversion as a priority. The balance in the Water Access Fund is $773,655 and the only project scheduled for payment from these funds currently, would be the Mud Lake Water Crossing, which is projected to be a minimum expense. By adding additional 500 meters this year, this would bring the City of Albertville to 39% converted meters compared to our current 15%. Staffhas a trusted, reliable intern in mind for the project that could start in April. RECOMMENDATION Staff recommends going ahead with hiring an intern for 12 weeks to install 500 meters using Water Access Funds. . 23 . . . PLANNING REPORT TO: Larry Kruse FROM: John Glomski I Alan Brixius DATE: March 2, 2005 RE: Albertville - Towne Lakes 6th Addition - Final Plat NAC FILE: 163.06 - 05.06 BACKGROUND Contractor Property Developers Company (CPDC) is requesting final plat approval for Towne Lakes 6th Addition. The subject area is legally described as outlots A and F, Towne Lakes 5th Addition. The proposed final plat includes 42 townhome lots and six single family lots which are part of the overall Towne Lakes planned unit development. Recent pressures for development of the commercial area west along County Road 19 have prompted the developer to plat this portion of the project in order to construct the infrastructure and street system necessary to support the commercial growth. The following is a review of the proposed final plat based on plans dated February 8, 2005. Attached for reference: Exhibit A: Site Location Map Exhibit B: Overall Plan Exhibit C: Final Plat Exhibit D: Final Grading and Drainage Plan Exhibit E: Final Landscaping Plan Exhibit F: Signage Plan Exhibit G: Townhome Elevations and Building Layout Exhibit H: Project Narrative ISSUES ANALYSIS Performance Standards. The lot, block, and street design illustrated on the proposed final plat are generally consistent with the PUD preliminary plat submission approved in March of 2003. This includes the approved revisions consisting of the straightening of Linwood Avenue and the expansion of the depth of Outlot F and what was formerly Outlot E (now Outlot A) of the 5th Addition. The proposal is consistent with the performance standards for properties established as part of the PUD zoning and site plans. . 25 Lots and Blocks. The proposed final plat consists of 42 townhome lots and six single . family lots. The lot and block design is generally consistent with what was proposed during the preliminary plat review. Streets and Access. The plans include the construction of Linwood Avenue from 70th Street to 68th Street, the extension of 68th Street from LaBeaux Avenue to Linden Street, and the construction of a portion of Linden Street. The County has made the determination to only grant a right in/out access to County Road 19 (LaBeaux Avenue) with a center median constructed from West Laketowne Drive to 70th Street. The access to 70th Street will be a full intersection initially, however, this intersection will be changed to a right-in/right-out intersection when 70th Street is upgraded to an urban major collector street. This intersection change will be mandated to accommodate safe turning movements and stacking at the County Road 19/70th Street intersection. Building Plans and Site Layout. Rottlund Homes has submitted their building floor and elevation plans which appear to be consistent with the discussions during preliminary plat and PUD approval. The exterior building materials include a mix of vinyl lap siding, shakes, and stone/brick accents. The buildings are rear loaded with access coming off of a 22 foot private drive as required per the townhome design within the 4th Addition. The plans show 21 off street visitor parking stalls which is acceptable as the driveway lengths are approximately 22 feet in length and may be utilized for visitor parking. Landscaping. A final landscape plan for the 6th Addition has been submitted. . The landscape plan includes a visual of where plantings will occur as well as a planting schedule and detailed descriptions of the trees. The plan shows landscaped boulevards that are spaced approximately 50 feet apart with Maple, Ash, and Oak. The plant sizes meet the requirements of Section 1007.7 of the Zoning Ordinance. The landscape plan is general, well laid out, and consistent with the previous landscaped plans approved for the surrounding Towne Lakes Additions. The landscape plan illustrates buffer yard plantings between the town homes and 70th Street. The quantity, location, plant types, and sizes appear to be appropriate for buffering the townhomes from the streets. Staff is suggesting the placement of a slight berm north of the townhomes (two to three feet), extending into the right-of-way to raise the buffer yard plantings. The plantings along 68th Street, between County Road 19 and Linwood Drive, and along the west side of Linwood Drive, should be postponed until the curb cut locations for the commercial properties are defined. Additionally, plantings at the street intersection with County Road 19 and 70th Street should preserve a 50 foot traffic visibility setback. Staff recommends that the developer delay installation of boulevard trees in the commercial zoned areas of the plat and escrow funds for the future installation of these boulevard trees. . 26 . Park and Trails. Park land dedication for the subdivision will be consistent with previous agreements. Signage. The applicant has submitted a signage plan showing the locations of stop signs, no parking signs, and crosswalks. Staff recommends that the sign plan include reflectors and traffic directional signage be installed on the center island located at the Linwood Drive and 70th Street intersection. Address signage, consistent with signage approved with the 3rd Addition townhomes, is also being requested and is shown on the submitted plans. Two additional address signs are recommended on the private street to provide direction internal to the town home neighborhood. Grading, Drainage, and Utilities. The final grading and drainage plans are subject to the review of the City Engineer. Easements. All easements are subject to the review of the City Engineer. The easements identified on the final plat appear to be consistent with the preliminary plat. Development Agreement. As part of final plat approval, the applicant will be required to enter into a development agreement with the City. RECOMMENDATION . The proposed design and layout is generally consistent with the intent of the Phase II PUD and preliminary plat approval for the Towne Lakes development. As such, our office recommends approval of the Towne Lakes 6th Addition final plat based on the findings made in this report subject to the following conditions; 1. The developer must enter into a development contract with the City. 2. The developer is on notice that the intersection of Linwood Drive and 70th Street will be restricted to right-in/right-out when 70th Street is improved to an urban collector street. 3. The landscape and grading plans be modified to provide a small berm along the north side of the town homes, along 70th Street. 4. The developer not install boulevard trees along the commercial properties until local curb cuts are defined. The developer shall post a landscape escrow to fund the future installation of the boulevard trees. 5. The detailed signage plan includes: a. Reflectors and additional traffic signage on the Linwood Drive center island. . 27 b. Additional address signs be located in the internal private drives. 6. All homes shall comply with the approved Preliminary Plat and PUD standards. 7. Additional comments form City Staff, Planning Commission, and City Council. pc. Pete Carlson Bob Moberg Mike Couri Dave Hempel 28 . . . . ALBERTVILLE Vicinity Map u ~,. u I-J _ ~-1 l~ ~ ) / \~F~-L .~~ ~f:~~ [L IIwmM ~'''~/ ~jjj't ~ ~ Lh <<~J@' '" ~~r~ I~ U . ) r ..:;: , I I ~ ~ ~ ~~J~ ~ ..7 Ai rz;:.~ ~lr~T _ ~ 1~~ at!. ); I L h . . IifififilDillL:l j - == . ~~ 1'<. l:;<\ f-I /' II III 8 ~ ~ -" ?I ~ ~ ~ ~ EEffiffi~ . 11 ~~ r/l/lll 11 1 rr:nt ~ :::;: I'illl I '4.lj I1f ~ 1--7 L :::;: Llll1 ffirIh: H L ~ ~~. Tl :':F[I Irt~ - / ~ ~ J I I.. ,. r- II IFi H~ n ~-l \ V \ ~ ~ lW f cv--- -- 1 I=:; ~ , EXHIBIT A 29 fl.f. ~i' ! I~ ;I~tttll~tt~ I. h S iFIiFrl~~~rzr~~~ll o~L .L Ii ~i ,II ,... I ilil' IIII1 II -9. d".'~ ll",~ 1~!I~~li~ '------' !EJ I I I I 1 I 1 I I I I I I I ~ !I i~ .J)~JI ....~ ~~~~ ~ lIT il i" ,~l: ~~~L"''', ~>-----I' J IJ I ~~tY: ~ 1 ~_ '_r jSi.:ll3, hil I - I~~~f "ti. -~: n I ";~J-T'"' ~~ . ~~~~ ~._"': ...!L..I ' . ~, . -~f! I l 'I (J",~ I .{ II I .,,~, ~ i, 1 I I I I I I I I I I I I I I I I I I I I I t I j I f' : ~ L____________ ( I . . /' wI I ! , ~ i I --------------------------- t - . '.. / I .. . fa" 1iI11N!Il\t' ).1It""a .. iJ ... .....,;,a ^"'"' M.I . J.S' lit...... .---.ra ~\IllIt\"""""'. ! '-. .' I" .111 . .~ - .. ~ ~l J~ I ffl .11 III il lllj IIII IIII ,I - ~,\. .~ 1Ii~ 1 'liE 1 ~Id I m . j f I 1.111 )d ul ".~ - 30 . ~ i::: ~ 'Q llIlt .;1': .J;: (OJ . ~ 'i, ~'."r ~ -.I ~ Ii. : () ..-. 1 t\. r 11. ~ 1 t J;, ~ 'I r _1. ~_. fr. '. '.~ .~ ,-. . .~. 'I i I. U 1.1 I II n Ii I I I ilt" II I~( .1 Iii 11i '. 11. iai _ it". .. II. . :J' , ' I J1 j - ~~ - I ll.l.l! I I . I It. II . -) t.. '1 .... i.'" .. .,. d"t... .. 'l\ I. ,I i-il. . lr . - fl '! "I.~il- -Ii h.". '.. '.. -h' II II uul r J!1i I ~- - i I . J~-.. I,tlt.1 ~ i' -I I I II .~ a .J I ') . . h J ~I'. ".. I. '.~ . r . . 1:1 ....~ lt1!J j.r II Iff 1 i~ iJ.ti: t" II' 1.11 !ill .l!t ....,. ~e'! 1,1.. it III ]11.. " ~.. '.1.'11.- . i~!i . Jd.f! . ild!l . Un "., .... . :I!~f' j. '~.' I!i~:", ..............1.: '~'. .Ium.' .> . . pill. i t" .'. I "'!f .. I I '11.."11.. .1 ll~J . .~.. . I ... . el~. II. alt J H 'I~JI" .... II . ".Il!r<. IJ I J:..~._' ... . - '. ....1'... Illl:'.... ..... .... i"J~1 . . II] til~:l. . ~I{ 11!i! " M II ~I: '11.t :....! t '!I; ill i )C 'W 31 fa ~ .-q: ..... ~ S!' ..- cs Q -q: ~~ " < (Dz ; Q.. !t! :It e 1;1 t ! I !I! 1 ~f'1l '1' z,gzl ~~ 10! III 1. S '1I~1 n:h 1 1 It I..~' ill Ii j i I.J I'~~ if ! I II "'z .. . I I · i _ J d . ,.. J~~ . .~, Ui {<ta Ii) , " ",. 1,1 '1 . h n IJl>i ~l'= Jil! Jli!~ I I 1 I I I t I t t I I I j I' I .t.; I I I I I r I I J I I I I I I I ~ I I t I i I I I I I I I I 1 I I I I I I I ) --~ ... "'t~ q...... ~'O q~ Ii ~ III I I - I I I..; I I '" I .. I I ''''=~' .~.' I' '. ../.Y '. I,:=:=,:e:::.;...r- I , I "';<;,.... : ~~<, ],<tl I 1 , I .. : IS ;!: I I. I ( .. I ~. ... : I I .I IJ I . : ~ ..: ~. ~! I~"> I ,,'f r.tla ~..... "I !l!1 '0 I 'JI ,,<' .. : .1 .... .. I l __..,~' !r....".. -----~--~ ~-------- , .. ~ .::"OIf,'~ (7'1< '1IY .."".,." ...... 32 I Ii I ! I " I '~I . II. I 11 J I I t I . I I 1.1 II IIi ..~ Jilt c I It J " J. I , .. i ~II':J iii I .... I fll'a -- L___" h" aU --r ---., · I I.. J. . i.~ s.1, s.1 ".- .. 111 1 I ..I. I~~ II I ..-:. J J d .~I I .. 1 I III :to o ~ CS Q ~ ~ CD ~ .~. .~ .... I! !i e I :i [d f I' '-~ I j. ... << 33 - -..,......~~~...,; . . . 34 . . 1 . ~J'f 1,( fj .. "~.',..J.Ju I' . '. . '1 .1 I !I!1!1!1l1l1..lu.".... " 1 ',1 .t'l ,~. . 1 I' J I I " I!. '1 t '11 ' :i I I 1 I .f. · I 'J ) 'II ' ..........'! If", · fa I . 1 J I, II . I d' ! It! i ~ t I l!j III i ~ J I I) I'I J '.! Hflt:illupiI1tll'lir!h . I I I !!Jl,!bIh, III ',', B'.. .' I.' ',ll,. ill! IIi ~ Lj lijlh ~ .... ....,... J ' ,> " . ..!J I & dl · If .e I U,\ullll/Jld.., ,.11 I d ~*..!II.i!;,~,~,'JJI'f',' .111= ~,f Po. "I' '1.11 i," h .u......~..5 a . .Ii:l." ' r I.U d iI., II I . .. · I; --.- '+i .. II ,I: :.1 If I II It ',. . , I.. Jtt ,.,,11 d I il ~ mj - ..I Ill' .1111 II \t,.. l ...~ ~' . \', m'J' \ ,;t \ . !II , \ i! \ ' , I , j 'l i" ' II 1m '~ - 35 · h: J '~' ~ .i~ If tt Fc~ . I : III 'II II I : jJ ~ llJi III i~-- III 'Il "'I . .1.1- · I .5 .. I ~ . I ''''-4 .1 L Ii I I t~t~ Jlli I I . 4 4. 4 . ~~ I I - I. I~ il :~ I I I I I I I I I I (I') C\I I '1'1 I I I J . I .f I I . I t J w J t5 I I Of I ~ I . I 1 I , I I I I , J J I L_ . . . . _ _.___J~.~~Il~v_~~_'02.Jlt_~_~~_ _____ ~____.;.__ ~__ lD C\I I. - , ~ JGi. ~ .!j ..11 - j 'I I., w, .~ '....-'-. ..;::..- .' ,in... ~~/2I ....~\"""'~'" 36 '*' . (H!fKl- .~_.~ I ~. -i=-."-'- ~ _.....~.._- -- ~~.. 1IIlR8fIma""I&IW&.. _II ........- ...&::- ~ . ......... -'*' --- J'/ . 1\" ;. "~' J 1""_ 'l~ \ .... ~ . '" 'l,\l , I * t,.-::-=..-"'!'~ ==:_-~ tJ) ill ~ <( .J z E: UJ. Z'" 3~ 0; t-;t ~ VILLA TOINHOIlE I ...- ~ ...-...;....-. .Aa- ~ ~ !II r- All 39 m- ~ ~~~~~~ -~-~~ _ "'" -...-. -.0.... ==- ~~-:. ~IA.-----~ 1~71 ~:~; ~j ~ !i! ~[!iI.e-$I--.;l ~ f ~ i i I I m-. l ! .. I i~ . L-"iWii'~'iiI..u._.J ~ ~--~ ~ .... gli! . :*: 1r~$a~ t1) w '}"t <( -1 ,. wS:: Z!l 3~ ai .........~ UIlBAII VILLA TOIIlHOIE I . . 40 . .1 _& bm (iI!P.lW --- ..-..- ~ $-. Ef I 1 :*: t:-r..-=..:::=...._ ==--==---==. tJ) UJ ~ <( --l f Wui Z:i 3~ 0; ...-:t IIlBAII '&A TOIIlHOIIE I ~ -.-.;.. __ ..a.- .~~1 ~ 11_: - . - . ,- AS I 41 .. TOWNE LAKES 61H ADDITION February 11,2005 PRODUCT There are 42 proposed Urban Villa Townhome units in Towne lakes 611 Addition. The Urban Villa T ownhome is a row product that is geared toward single professionals and couples typically without children. The unique quality of these townhomes is the ability to offer a private garage with direct access to the unit, a private front entrance and no unit stacked above another aU within an association maintained community. Emphasis on the front entrances and rear garage access gives thisslat>oo-grade product an urban appeal. Each unit has its own private front entrance with covered stoop, a patio off the back and 2-car garage. Both the garage and living space are located on the first level with two bedrooms, a loft and laundry on the second. The finished floor area of the Urban Villas is 1584 square feet. The materials used for this product are low maintenance and consist of vinyl siding and aluminum trim with stone acoents. A homeowners association will be responsible for the maintenance of all exteriors, private drives and landscaping. PARKING Each unit for the Urban Villa Townhome has a 2-cargarage (approximately 426 square feet) and minimum drive length of 23'. The proposed plan allows for approximately 2.4 guest parking spaces for each unit and is broken down as follows: 1. 2 parking spaces per unit driveway (42 units x 2 spaces/unit = 84 Total driveway spaces). 2. 17 parking stalls. The parking stalls are dispersed, so guests can park near the unit they are visiting. It is our understanding that parking will be available along one side of the public streets, which will provide additional guest parking for the townhomes. SETBACKS . Each building is set back 15 feet along Unwood Drive, Lancaster Way and 68th Street. The 2 buildings adjacent to 7()11 Street are set back 20 feet from the right~-way. The minimum distance between buildings is 20 feet, which is dimensioned from the edge of the wrap around porches. This minimum setback is evident between units 28 & 29 and units 32 & 33. EXHIBIT H 42 I dMr I. I , i "~41Iq I~) I L -~ I ~ . ,-i \ ..,,~. ~ H '-. ...,),.. ~ .1 i ! ~.' i~ ~ ~.~ .~.~.'l" · ~ lP"\it", ~ I C=[.. : ;.- Ir~ \ III', I \iL.. .'r~,>f. .'. R~. i;;;.--,' -'" I I ... \ ~\ ~ ~ ,hi .hl'. :-...:-.../'/"aJ/.......t-., [ : r.. ~ "I \~~ .f/ ~.hl'~~''''" . ,.l'/' &'). ~I I L. ~....:...... '" ..7 .hl"f.,l L-._. Ll . I ~ "" /, . ",.... _. f !..II ~ j r l . . ~ . .'11,.. IN S ~il '~}m~J ~~~~ ... .~:.: D Z II. i l~~_ 'i':.~~ . I . II Iii I..i.. L II :V..I fl ~.("M~' . ! I .!t t . y. "l~1I'~ ~ L-_ . : .f'h T.... I I I . ~~~ lIYr~.J16. ",;:: ____.. __ . I.~ b f!l4J1J iA],c, ~""~.('!I;__ · 1 _. - tl 'V f'. . .. .i~ ~~ './ l::W. P/ ~ ~. f:. r_jt ~~ '. ~1I '11'1- :~~ ~I ~ J. h;-t;3 . .f-- ~-4_ ~~'l~~;r.E--J~~-~FI . I .. ~~ f-11- h I II I ! ~,. ,J-..,.... !j j; .~. I .! ~......... . . . ! i '----- w 1,--'-' I h I I I I I I I I I I I I I I I I I I j I I : I J l . I. .~ . -1 I. ~l .. I , .I == 1_-- iI~ ~ I .1 , l I 1 i . I ,.~ ---- .-,...- ---- ~ I '-- ';,,' ::)"" :...'....... , . (ill) .J ., ~ 51 ~ 1~ ~ 1 i i " h "'..; ," v. ,,~ - 'Ii UII II ,I , J . " ~ !I 1$ J I. iI '11 pi it lllj IIII III III I ~ ~. H J r ~ ~ II l~ III. ~ .au"'.... ....11II' ~~w ..J - 37 ... t f ; foIilZf'.MA- 'CWIT ~ I ~ ~ I I I : , i I i ! 'iY1IIT ~~...... ~ I $1IP.!!f - lr~LI3" ~:~ ~..... .... ~ ~ iliMf.8---- $I!!fJl'''''''' - ---- -- fila.... EXHIBIT G . ~e$'"==a:z-; ---- -.. .. tJ) ill ~ <:( -l w! z.~ 3~ 0= t-t ~IlYlLLA T08fIOllI! I .-- ~ _~__ ..a-. .r-::::=I ~ ~ . r A2 I 38 . .. EXTERIOR MA TERlALS The exterior look of the Urban Villa Townhomels colonial and consists of vinyl siding and shakes With aluminum trim. A band of brick wrapsalOund the building .as.anaccentteature. Attached to this narrative are the 4 different exterior color packages David Bernard Is currently offering in the 4ft Addition. Even though this is.a slalxln-grade product, the building pad Is elevated frpm the public sidewalk where approximately 1 to 3 steps between the sidewmk and front stoop will be required. All entrances have a covered stoop with round, tapered columns. Each end unifs porch wraps 4' around the side of the building where the columns have a cultured stone base. HOMEOWNERS ASSOCIATION The Urban Villa Townhomes wiD be part of the existing Towne lakes Townhorne Association, which is part of the Towne Lakes Master Association. The sub-assoclation will be responsible for items that pertain to their units, includIng but not limited to maintenance of building exteriors, private drives. driveways, unit walkways, landscaping and irrigation. 43 " ~. ROfTLUND HOME~ A DMSIO\Il 01' 1H1lllOTlWNDOOIlllllNt INC. Exterior Color Packages Towne Lakes Urban Villa Townhomes II exterior Color Package Ii Siding....... ...........-.................................................................... .............................. .............................,.............. Monterey Sand VtnyI Shakes ............................................. .........:................................._.............................................................................. Clay Garage Door TrifnK}olurnnslBrackets ....................................................._.................................Antique Parctvnent (painted) AI Cement Board Trim (at Mndowsldoorslfrieze where sOOIm) ........-..............-............._.....Anfique P-chment (painted) Vinyl T riln (where shown)_..........._.............................................................................................................AnIique Pard1ment AIuninurn SotfitIFaclalFrelze (where shown) ...................................................................Antique P8'Chment (to match 'im) Shutters ..............................................................................................................._......_.............................. Black (pfe-ftnished) FrontOoor ........................................................................_......_............................................................Ivy Wall (S.W. iI2258) Brick............................................... ..........~..........:................................................................................ Brandywine (Ochs Brick) Roof Shingles....................................................................:..:..........................._...................... Owens CornIng Supreme Onyx Garage Door .......................................................................................... Factory Finished In Almond from Autornalic Garage exterior Color Package ft Sid"tng.................................................................................................................................................................................... Clay VmyI Shakes ................................................................................................................................................AnIque Pard1ment Garage Door TrirnfCoIunvlslBrackets ...........................~.................................................................. Monterey Sand (painted) All Cement Board Trim (at MldowsIdoor&frize where shown) .................................................... Monterey SaId (painted) VmyI Trim (Wlere shown).................................................................................................................................. Monterey ~ Akl'ninum SofIitJFaciaIFreize (where shown) ......................................................................... Monterey Sand (to match lrim) Shutters ...................................................:................................................................................... Midnight Green (pre-finlshed) Front Door ..............-........................................................................................................................... Windward (S.W. t#2110} Brick.................................................................................................................................................... BrandyWine (Ooh$ Brick) Roof SIlingIes......................................................................................................-.........Owens CornIng Supreme Estate Gray' Garage Door .....................................-................................................... Factory Frished In AlInond fromAulomatic Garage Q EJaCoIortToWlll.aWUr6anJlillaTHU (k&) ...... MLS........ "(l"'~t<< f-;~~~D~Il~ml'n1fIl'~""" ~a.~PM6\X~lSir&.so1 44 . . . CITY OF ALBERTVILLE City Council Findings of Fact & Decision Albertville- Towne Lakes 6th Addition Final Plat Applicant's Name: Contractors Property Developers Company Request: Final plat approval for 42 townhome and six single-family residential lots as part of the overall Towne Lakes development. The request includes the following application: 1. Final Plat approval. City Council Meeting Date: March 7, 2005 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The site is legally described as Outlots A and F, Towne Lakes 5th Addition. B. The planning report, dated February 20, 2004 from Northwest Associated Consultants is incorporated herein. C. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. D. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. E. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. 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 development will be compatible with present and future land uses of the area. H. The proposed use conforms to all applicable Zoning Ordinance performance standards and the approved preliminary plat. 45 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 Final Plat based on the most current plans and information received to date (2/8/05) subject to the following conditions: 1. The developer must enter into a development contract with the City. 2. The developer is on notice that the intersection of Linwood Drive and 70th Street will be restricted to right-in/right-out when 70th Street is improved to an urban collector street. 3. The landscape and grading plans be modified to provide a small berm along the north side of the townhomes, along 70th Street. 4. The developer not install boulevard trees along the commercial properties until local curb cuts are defined. The developer shall post a landscape escrow to fund the future installation of the boulevard trees. 5. The detailed signage plan includes: a. Reflectors and additional traffic signage on the Linwood Drive center island. b. Additional address signs be located in the internal private drives. 6. All homes shall comply with the approved Preliminary Plat and PUD standards. 7. Additional comments form City Staff, Planning Commission, and City Council. Adopted by the Albertville City Council this of March 2005. City of Albertville By: Don Peterson, Mayor Attest: By: Bridget Miller, City Clerk 46 . . . . . ~ SEH MEMORANDUM TO: Larry Kruse Albertville City Administrator II ~()bert L. Moberg. PE Project Manager FROM: DATE: March 1. 200S RE: Towne Lakes 6111 Addition Final Plat Review Albertville. Minnesota SERNo. A-ALBEV0510 I have reviewed the final plat, grading plans, proposed construction platls, landscaping plans. construction specifications, and drainage calculations submitted for Towne Lakes 61b Addition. I have the followitlg comments for the developer: Plat 1. Wright County has indicated tbe extension of 68111 Street to Labea,ux Avenue (CSAR 19) will only be permitted if access is limited to "right-in. right-out". Installation of a center median on CSAH 19 will be reqUited to enforce the limited access at 68111 Street. The County does not have a plan or a timetable in place to install the median. Construction of 68111 Street should be delayed until a plan and timetable are established by the County. 2. The City of Albertville, in cooperation with the City of Otseg;o, is in the process of completing a corridor study of 70111 Street. Preliminary results of the study indicate that the proximity of the 70111 Street/Linwood Drive intersection to the 70111 StreetlCSAH 19 intersection will likely cause traffic operation problems in the future. It is anticipated the Linwood Drivetccess at 70th Street \Vill be limited to "right-in, right-out" in the future. 3. Wright County will likely require the platting; of access control along CSAH 19. 4. Right-of-way width for Linwood Drive shall have a uniform width of SO feet from 7ft' Street toa point approximately 230 feet southerly of the plat boundary. . . .. 5. Centerlinecl.Jl'Ve.radius for Linwood Drive in the vicinity of Lots 14 anelI5 in Block I shall be at least 275 feet. 6. The need for the existing drainage and utility easement on thesoutberly end of Linwood. Drive shall be verified by tbe developer. 7. Centerline curve radius for the northerly end of Lancaster Way will not meet a 30 mph design speed. 8. Temporary easements for drainage purposes should be secured for the temporary drainage ponds between Lancaster Way and Linden Street. Grading Pian 1. Wright County will likely require a right turn lane to access 6Sth Street from northbound .cSAH 19. 2. Turning movements for commercial v~hicles must be reviewed to verify that a 30-foot returnradiJ,lS is adequate at the 6Sth StreetlCSAH 19in~ersection and at the 70th Street/LinwoodDrive intersection. 3. Paving of 70th Street between CSAH 19 and Linwood Drive shouIel be considered in conjunction Witb construction of the development. Short Elliott Hendrlckaon Inc.. 3$35 VadnaIs Center Drive, 51, Paul. MN 5511ll-5198 5EHlsanequalopponunilyemployer I ~.HhInc.com I 851.490.2000 I 800.325.2055 I 851.490.2150fax 47 Larry Kruse City of Albertville March 1, 2005 Page 2 4. Benning for buffering purposes should be considered between 70th Street and Lots 1 and 42 of Block 1. 5. The existing drainage pond on the south side of Linden Street shall be proteCted from siltation created by the temporary pond and swale between Lancaster Way and Linden Street. Emergency overflow elevation (temporary and permanent) for Block 2 must be shown. If the permanent emergency overflow elevation is to be at elevation 958.4 (as indicated). the l()west opening elevation for future buildings in Block 2 may require adjustments. Construction Plans 1. Water main is to be looped between Lots 4 and 5 from Linwood Drive to the private driveway. 2. Developer to verify whether an. irrigation service is prQPosed for the median island on the nOrth end of Linwood Drive. 3. Location of the fire hydrant in the vicinity of Station 5+00 on Linw<>Od Drive shall be shifted approximately 30 feet northerly to provide better hydrant coverage for the town house area. 4. The City may want to consider extending water main in 68th Street from Linwood Drive to CSAH 19 for looping purposes. At a minimum, looping should be required when development of the commercial lot (Outlot E) occurs. To complete the loop, water DUlin will nee4 to be extended northerly along CSAH 19 from 67th Street. 5. The proposed gate valve at the northerly end of Lancaster Way should be placed on the north side of the tee to the private drive. 6. A hydrant and 6.inch gate valve is to be added on the north end of Lancaster Way. 7. Lane widths and median width shall be identified on the northerly end of Linwood Drive. 8. Drain tile shall be extended in both directions from CBMH-86 and CB.s7. 9. Minimum culvert size under Linwood Drive at 70lh Street shall be 15 inches. Developer to verify that culvert length is sufficient when considering commercial vehicle turning movements. 10. Developer to verify origin and intent of storm ~wer on the west end of 68111 Street. 11. Access points on 68th Street between CSAH 19 and Linwood Drlveshouldbeshown. 12. Storm sewer stubs at CBMH-50 for future extensions should be considered. 13. STMH-55 should be converted toa catch basin and moved to the curb line. 14. Drain tile stubs on the south side of CB-lOO and CBMII-lO! should be considered. 15. Riprap for FES-ID2 and FES-IID should be identified. 16. Linwood Drive (north of 68th Street) and 68lh Street (west of Linwood Drive) shall be constructed to a commercial/industrial roadway section. 17. The orientation of the private street typicaIsection does not appear to correspond to street stationing. 18. Minimum size of drain tile is 6 inches. 19. Hazard markers (TypeX4-2) and "Keep Right" signs (Type R4-7) shall be installed on both ends of the median island in Linwood Drive. Landscaping Plan 1. Unless access points to the commercial properties can be defined. it is advisable to defer installation of boulevard trees in 681h Street and on the west side of Linwood Drive. Placement of boulevard trees in these areas at this time wiIllikelyresult in interference with future access points. 2. An additional street light at the intersection of68lh Street and Lancaster Way is recommended. Construction Specifications 1. No comments. . . . 48 . . Larry Kruse City of AlbertVille March 1, 2005 Page 3 Drainage Calculations 1. Drainage calculations shall include hydraulic modeling for the pipernn from CBMH-SO to the flared end section at the temporary pood. 2. Developer to verify why the selection of 25 miIlutes as a t~ of concentration was used for sizing of the temporary pond. 3. Pond modeling shall incorporate the use of a ~angular weir as a sec<>ndary outlet structure. Please call me at 651.490.2147 if you have questions. om c: Alan Brixius, NAC Mike Couti, City Attorney Jon Sutherland, City Building Official Dave Hempel, CPDC John Becker, Westwood Professional Services "'\ae~l1\O$llllkMe022lOS.doc 49 DRAFT AGREEMENT - For Council Review March 21,2005 . CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT TOWNE LAKES 6TH ADDITION THIS AGREEMENT, entered into this day of ,2005 by and between Contractor Property Developers Company, collectively referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner and developer of the real property described in Exhibit A, attached hereto and incorporated herein by reference, which real property is proposed to be subdivided and platted for development and which real property is subject to the provisions of this Agreement; and WHEREAS, Developer is proposing to subdivide a portion of the Development into 42 townhome residential lots and six single family lots. Said subdivision, which is to be governed by this Agreement, is intended to bear the name "Towne Lakes Sixth Addition" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, the City has given final approval of Developer's plat of Towne Lakes Sixth Addition (attached as Exhibit B) contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and . WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading, sanitary sewer, municipal water, storm sewer and drainage ponds (hereafter "Municipal Improvements") be installed to serve the Development and other properties affected by the development of Developer's land, to be installed and financed by Developer; and WHEREAS, the City further requires that certain on- and off-site improvements be installed by the Developer within Said Plat, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, berming, street signs, street lights, street cleanup during project development, erosion control, landscaping, and other site-related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the Development of Said Plat and the conditions imposed thereon; and WHEREAS, the City and Developer have previously entered into a Developer's Agreement titled "City of Albertville Master Planned Unit Development Agreement Towne Lakes Third Addition" ("Master Agreement") under which the City granted concept plan approval to the plan for . the area covered by said Master Agreement; and 50 . . . WHEREAS, the City and Developer desire to supplement the Master Agreement with the site specific details applicable to Towne Lakes Sixth Addition, as evidenced by the execution of this Agreement; and WHEREAS, the City and Developer desire to have this Agreement and the Master Agreement read together as if the entire Master Agreement were recited herein; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Concept Plan Master A~eement. A. That certain Developer's Agreement entitled "City of Albertville Planned Unit Development Agreement Towne Lakes Third Addition" ("Master Agreement") between Contractor Property Developers Company and the City of Albertville, dated October 3,2003 and recorded in the Wright County Recorder's Office as document number 894487 along with any recorded amendments is hereby incorporated herein the same as if the text of said Agreement were contained within this document. B. It is the intent of the parties that this Developer's Agreement ("Developer's Agreement") supplement the Master Agreement as to the specific development issues related to Towne Lakes Sixth Addition, and that these two documents be read together to determine the rights and obligations of the parties with respect to the property contained within the Towne Lakes Sixth Addition. In the event of a conflict between the terms of the Master Agreement and this Developer's Agreement, the terms of this Developer's Agreement shall control with respect to any conflicting issues within Towne Lakes Sixth Addition, but any such conflicts shall not alter the terms of the Master Agreement as they apply to other plats, now existing or to be platted in the future, within the remaining land area subject to the Master Agreement. 2. Planned Unit Development. The Development is hereby allowed to be developed as a Planned Unit Development with flexibility from the strict requirements of the City's Shoreline Regulations and Zoning Ordinance in relation to selected items detailed in this paragraph. A. Developer and the City recognize that setbacks within the Development will vary depending on housing type to be constructed. However, Developer agrees that setbacks shall be consistent with the templates provided by Developer, which are attached hereto as Exhibit C. B. The townhomes shall be constructed in the locations identified in the plans attached hereto as Exhibit D. The townhomes shall be designed and constructed consistent with plans attached hereto as Exhibit E. 51 C. Developer shall have separate utility connections for each of the townhome units to . allow separate water turnoff and sewer connections through the landscaped yards of the townhome units. D. All lots within the plat shall be subject to the Master Homeowners' Association as currently established for Towne Lakes First and Second Additions. The Developer shall file covenant documents subjecting all lots within the plat to the terms and conditions of the Master Homeowners' Association subject to review and approval by the City Attorney, which shall be recorded on the property records of the lots. E. Developer shall establish a Townhome Owners' Association, which shall be responsible for maintaining all common elements including private road maintenance, snowplowing, lawn care, and any other necessary maintenance. The documents establishing said Townhome Owners' Association shall meet the approval of the City Attorney and shall be recorded on the property records of the affected lots. In the event the Developer chooses to include the lots in the Townhome Owners' Association in phases, no building permit shall be issued for any lot which is not first governed by such Townhome Owners' Association. F. Developer shall deed to the Townhome Owners' Association, Lot 43, Block 1 of said plat, as a private road for use as a common access to the townhome lots. Said private road shall have no direct access to 70th Street. Lot 43, Block 1 shall not be a buildable lot. . G. Developer shall establish shared driveway easements for all lots which shall use the private roads within Block 1 of Said Plat to access the townhome units along said private roads. Said easements must meet the approval of the City Attorney and shall be recorded on the property records of the affected lots. H. The width of the private roads to be constructed on Block 1 within said Plat shall be a minimum of twenty two-feet wide as shown on the attached Exhibit D. 1. All townhomes within said Plat shall be owner occupied. Developer shall file with this Agreement deed restrictions with the Wright County Recorder of Deeds which provide that all townhome units in Said Plat shall be owner occupied and which prohibits the rental of the townhome units. Said deed restrictions shall be subject to the review and approval of the City Attorney. J. Trees, shrubs, berms and screening are to be planted and installed as shown on the landscape plan attached as Exhibit F. The Developer shall guarantee that all new trees shall survive for two full years from the time planting has been completed or will be replaced at the expense of the Developer. The landscaping corresponding to each building shall be installed within 30 days after the issuance of a certificate of occupancy. . 52 . K. Developer shall provide the City a landscape escrow in the amount of $ .00 for the future boulevard landscape plantings along 68th Street. Said plantings are to be installed in said plat upon the re-platting of the properties on both sides of 68th Street and the final location of curb cuts from which these properties will access 68th Street. Said escrow shall be returned to Developer (without interest) upon the planting of the boulevard landscape plantings. L. Developer shall replace, at its own expense, any plantings as shown on attached Exhibit F that might be damaged during the construction of any future phases of the development. Developer shall guarantee that all plantings replaced pursuant to this paragraph shall survive for two full years from the date of planting. M. The Developer shall file deed restrictions with the Wright County Recorder of Deeds for all lots adjacent to or containing wetlands or storm water ponds indicating that no structures can be built within 30 feet of wetlands. All such deed restrictions shall be subject to the approval of the City Attorney. . N. Other Use Restrictions. On all lots within 30 feet of any wetland, the native vegetation within said 30 feet of the wetland shall not be fertilized or mowed or otherwise disturbed. On all lots within 30 feet of any wetland, no structure, including, but not limited to, outbuildings or accessory buildings, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot including all improvements in it, shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. No Owner or other person shall apply any phosphorus-based fertilizers or herbicides within fifty (50) feet of any wetland or lake. O. Prior to the sale of any lot(s) within the Development, Developer shall provide the City with a copy of the sales literature identifying the required thirty (30) foot wetland setback building restrictions, the location of all future parks within the Development, and the location of all present and future sidewalks, trails and easements. Developer agrees that the aforementioned sales literature will be distributed to all potential lot buyers within the Development prior to the sale of any of said lots by Developer. P. Developer acknowledges and understands that the intersection of Linwood Drive and 70th Street will be reevaluated with the construction of 70th Street as an urban collector street. With the improvement of 70th Street as an urban collector street, Linwood Drive may be restricted to a right-inlright-out intersection with 70th Street. Developer agrees to release and hold harmless the City from any claim of diminution in property value of the properties on Said Plat arising from said potential restriction of the Linwood/70th Street intersection. . 53 Q. As the platting of the 161 st numbered lot in the Development has occurred, Developer, pursuant to the Paragraph 9D of the "Master Agreement," shall pay to the . City $144,474.00 as its share of the cost of paving that portion of 70th Street which borders the Development. Payment shall occur prior to release of the final plat for recording. R. Developer may, at Developer's option, delay the construction of water and sewer utilities in 68th Street on Said Plat and delay the construction of 68th Street on Said Plat until the earlier of 1) seven months after the final plat approval of Outlot A of Said Plat as one or more numbered lots; or 2) seven months after the final plat approval of the property immediately south of Outlot A of Said Plat (abutting the south side of 68th Street); or 3) July 15, 2006. S. Developer acknowledges and agrees that the intersection of 68th Street at Wright County State Aid Highway No. 19 will be a right-in, right-out intersection only with a full median between the northbound and southbound lanes on CSAH 19 at said intersection. However, said median may not be constructed at the same time as the Municipal Improvements. In such case, the Developer agrees to provide a barrier acceptable to the City Engineer and the Wright County Engineer which will prohibit all turns except right-in, right-out movements at said intersection until such time as the median is constructed. 3. Construction of Municipal Improvements. . A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Towne Lakes Sixth Addition, as prepared by Westwood Professional Services dated February 8, 2005 and revised March 15, 2005 and on file with the City Clerk, said improvements to include installation of bituminous street, curb and gutter, sidewalks, water mains, sanitary and storm sewers, storm water ponding and site grading, and trails. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31, 2005, with the wear course of bituminous pavement to be installed after June 30, 2006, but before September 15,2006. B. Contemporaneous with the installation of the Municipal Improvements, Developer shall construct, at Developer's expense, a sanitary sewer line and a municipal water line extension easterly through Outlot B to the eastern lot line of Outlot B in a location approved by the City Engineer. The design of said sanitary sewer and municipal water line extensions shall be approved by the City Engineer. Developer shall provide the City, at no cost to the City, with a permanent drainage and utility easement over all of Outlot B. At the time of final platting of Outlot B into numbered lots and blocks, the City shall release that portion of the permanent easement which is not needed to support the line extensions consistent with the Utility Plans approved for the Development. . 54 . . . Developer shall not be required to post a surety for the cost of installing said line extensions. C. In the event that the City determines that a water main is necessary in 68th Street between Linwood Drive and Wright County State Aid Highway No. 19 to support the future water needs of the City, the Developer shall install such watermain at Developer's expense in a manner, location and design approved by the City Engineer. Said installation shall occur during the building season immediately following notification to the Developer of said installation requirement. D. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements and the line extensions (including the potential 68th Street water line) that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. E. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. F. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements and the line extensions referred to in paragraph 3.B. and 3.C. Developer agrees to pay for all costs incurred by the City during said inspections. 4. Construction of On- and Off-Site Improvements. A. Developer shall construct all on- and off-site improvements including installation of paved streets, curb and gutter, boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, landscaping, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Front, side and portions of the back yards of residential lots shall be sodded in accordance with the Residential Development Standards as on file with the City Administrator's Office. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Said on- and off-site improvements 55 shall be installed no later than October 31, 2006, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading . of Said Plat, and except that the driveways and sod need not be installed in a lot until that lot is developed (provided adequate ground cover has been established prior to the development of such lot). B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under ground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: 1. Electrical power supply, to be provided by Xcel Energy or other such carrier; 11. Natural gas supply, to be provided by Reliant Energy or other such carrier; 111. Telephone service, to be provided by SprintlUnited Telephone Company or other such carrier; IV. Cable TV service, to be provided by a local carrier; In addition, the Developer shall, at its own expense, cause streetlights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. The Developer shall be responsible for streetlight operational expense until such . time as the City accepts the Municipal Improvements. C. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. As an alternative to installing silt fencing in back of all curbing as required by this subparagraph, Developer may, at its expense, install sod no less than three feet in width in back of all curbing, provided that if, in the judgment of the City Engineer, the installation of silt fencing in one or more places is needed, the Developer shall install such silt fencing at its expense upon request by the City Engineer. D. Notwithstanding the requirements of subparagraphs 2J and 4A above and except as otherwise provided in this Agreement, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case a certificate of occupancy shall be . 56 . issued with the requirement that the Developer be required to install said on-and off- site items for such lot by the following June 30th. E. Developer shall install storm water retention/water quality ponds and basins upon the Development as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit G. Said ponds and basins shall be dedicated to the City, and Developer shall provide the City with perpetual drainage easements over such ponds. Said retention ponds and basins shall be installed prior to the installation of utilities. 5. Intended Use of Subdivision Lots. A. It is the Developer's and City's intent that a total of 42 townhome residential units be located on Lots 1-42, Block 1 and six single family units be constructed on Lot 44, Block 1 and Lots 1-5, Block 2 of Said Plat. Developer agrees that it shall not construct any dwelling units other than the above referenced dwelling units on the land in Said Plat. 6. Surety Requirements. . . A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $646,808.00 representing the sum of 100% of the estimated cost of the Municipal Improvements ($477,587),50% of the on and off-site improvements ($86,544), and 150% of the estimated cost for landscaping/screening materials ($82,677). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off-site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to payor reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. 57 D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. . E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, up<i>n the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. . 7. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements and/or on- and off-site Improvements, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements and on- and off-site improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City"s cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: 1. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. 11. When all or a portion of the Municipal Improvements or the on- and off-site improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal . 58 . . . Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. Developer may substitute a warranty bond acceptable to the City Attorney for the warranty letter of credit in the same amounts and duration as required for the warranty letter of credit. 111. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 8. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the said Plat, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground-cover to prevent continuing soil erosion from the Development, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground-cover and otherwise restore the Development to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from the Development and to facilitate mowing of the Development. In the event that said costs are not paid, the City may withdraw funds from the above-mentioned surety for the purpose of paying the costs referred to in this paragraph. 9. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of the Development, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of the Development without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 10. Sanitary Sewer and Water Trunk Line Fees. 59 --- Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line Fee Ordinance currently requires the Developer to pay $1,400.00 per acre and $1,200.00 . per acre respectively, upon development of said Plat. There are 7.37 acres (which excludes Outlots A & B which shall be replatted at a later date) in said Plat, which received final plat approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees for the numbered receiving final plat approval are $19,162.00 ($10,318.00 in sanitary sewer trunk line fees calculated as $1,400.00 x 7.37 acres and $8,844.00 in water fees calculated as $1,200.00 x 7.37 acres). Developer shall pay sanitary sewer and water trunk line fees on Outlots A and B at such time as these outlots are platted into numbered lots and blocks. 11. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan contained in the City of Albertville Master Planned Unit Development Agreement Towne Lakes Third Addition shall be strictly complied with. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 12. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from the Development may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. . 13. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of the Development. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in the Development. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on the Development will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on the Development will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may immediately undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill . 60 . . . within thirty (30) days, then the City may specially assess such costs against the lots within the Development and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorney's fees incurred by the City as a result of such legal action. 14. Temporary Easement Rights. Developer shall provide access to the DevelOPment at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 15. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. Ifbuilding permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. After the Developer has completed all work and obligations required of it under this Contract (including the expiration of the warranty period), at the Developer's request, the City will execute and deliver to the Developer a release of its obligations under this Agreement. However, all continuing obligations under this Agreement shall remain binding upon the properties covered by this Agreement and their owners. Said continuing obligations include, but are not limited to, paragraphs 1,2,5,9, 15, 17,20,21,22,23,24,25,26 and 28 of this Agreement. F. The Developer represents to the City that the Development complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the 61 City determines that the Development does not comply, the City may, at its option, . refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on the Development, Developer shall provide the City with evidence of good and marketable title to all of the Development. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. I. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots located within the Development and that such delay in capacity availability may also delay the issuance of building permits for some lots within the Development. . J. Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 1 DO-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the Building Inspector or a professional soils engineer has approved the property. K. Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer, Wright County and/or the State of Minnesota. 16. Draw on Expiring Letter of Credit. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or completed, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the expiring letter of credit. If a new letter of credit is not received as required above, the City may declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring . 62 . . . letter of credit to avoid the loss of surety for the continued obligation. The City Attorney prior to its issuance must approve the form of said irrevocable letter of credit. 17. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in the Development pursuant to the terms of this agreement. B. Notwithstanding the 30-day notice period provided for in paragraph l7(A) above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good-faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 17 A of this section shall not apply to any acts or rights of the City under the preceding paragraph 16, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. D. Breach of any ofthe terms of this Contract by the Developer shall be grounds for denial of building permits. 63 18. Dedications to the City. . A. Municipal Improvement Dedications. The Developer, upon presentation to the City of evidence of good and marketable title to the Development, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all roads, road and trail right-of-ways, sidewalks, curbs, drainage and utility easements, gutters, ponds, parks, sewers and water mains to the City. Upon acceptance of dedication, Developer shall provide to the City "As-Builts" of all sewers, water mains. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park, Trail and Outlot Dedications. The City acknowledges that the Developer has fully satisfied its park dedication / fee obligation for said Plat. 19. Administrative Fee. A fee for City administration of this project shall be paid prior to the City executing the Plat and this Agreement. Said fee shall be three percent of the estimated construction costs of the Municipal Improvements within the Plat. The administrative fee for this Plat is $14,328.00. Seventy-five percent of this fee shall be . paid upon issuance ofthe final Plat with the remaining twenty-five percent of the fee to be paid upon substantial completion of the Municipal Improvements. 20. Phased Development. As said Plat is a phase of a multi-phased preliminary plat, Developer agrees that the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until the City approves Development Contracts for such phases. Approval ofthis phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the Master Agreement, the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 21. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from the Development approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 22. Assignment of Contract. The obligations of the Developer under this Contract can be assigned by the Developer. However, the Developer shall not be released from its . 64 . . . obligations under this contract without the express written consent of the City Council through Council resolution. 23. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 24. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorneys and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 25. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 26. Integration Clause. Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a dilly authorized agent of both parties. 27. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville,MN 55301 Telephone: (763) 497-3384 Contractor Property Developers Company Attn: Homer Tompkins, President 3030 Centre Pointe Drive, Suite 800 Roseville, MN 55113 Telephone: (651) 556-4550 Fax: (651) 566-4551 28. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. 65 CITY OF ALBERTVILLE, By It's Mayor By It's Clerk CONTRACTOR PROPERTY DEVELOPERS COMPANY By J. Michael Waldo Its Vice President STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2005, by Donald 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 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2005, 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. 66 . . . . . . Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2005, by 1. Michael Waldo, as Vice President of Contractor Property Developers Company. 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 67 EXHmIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lots 1-44, Block 1 Lots 1-5, Block 2 Outlot A Outlot B All said property is located in Towne Lakes Sixth Addition, City of Albertville, County of Wright, State of Minnesota. 68 . . . . EXHIBIT B Final Plat EXHmIT C Set Back Templates EXHmIT D Site Layout EXHmIT E Townhome Building Plans . EXHmIT F Landscape Plan EXHmIT G Grading, Drainage and Erosion Control Plan . 69 ~ i:: is a -q 1!:1i ....cc "i!:; ::lE m taa: ~ ~ ..... ~ :Ii e 11. I !!~ !~ !jl r i;:f tl lh ~j ~I' -I il~ b ~z I : I I ,,-4 c : I I r i 1...-: I 1 h I' It! ~fi ~I il . 1 " l~l &,~ Ih f',a an '1& III 1~1 Ii \) Jjlt~ "lt~ .elt l~i! b!h ~ i I 1.1 J ~ I il: ... I ; ('3" :>;'" """3Wt' " I I i 70 i . I Ii I .. .. )h II .. . I " I 1 !;, Ii 1~1 .1 l' .~ I I-It I II I IIi , J1'II . ,,,. 11;1~ , - i ~ f ..iJ aU 11,11 I itJ 1.. f ~I'sl '..- ~.I' J1' 19' .. nlll .. 3! III ftl , I It . :a: ~ ..- is Q ~ ~ CO ;1 -= -c ..... l:i ~ :IE :J w a:: a.. 111 ~ e 71 i f 'as 'J ...s ~ !~ j iic l;' rg ~ ~ -~ al ';:Ii al &~ ~ ~ 'tfj ~ 5 ? ! j Qj .~ Vi al al ... N ! ~ '" ;;: In !!1 6 2' :>! iC c:. j Qj ~ IJl al al N .., i F ~ [ 2 >. ~ g " ~. ~ a ... 1 Jl ." i "" '" .. ~ 2l ;;; .... ~ i \5 "$ i :~ :0< < "5 .:: '" ~ ~ N .... ~ ~. :s '" N ~ . . ... . CD . CD . )~ ~ l' "://"l / J ~I %~= .~ o \. ,/. / ~ is =- = ~ :: III ~...:l =:- to- fJ ~ -c, =: >. =~ >.>' 1:= It eo Aot.) ~5 "a. .0 '"- -.. =,. c.. t.lQ . i c "i ii i i c ~ -1 :, !'lli 'DAi; lId .. t~ iid ~ ....... -< .; 72 . I ~II~ 1J., "~ ~ .u,~~~ ~I I i" ,,~ ,'1 '.. II 1 i~ J.', ~ LiI ~I >'" "11 I. =iil.i II ~ r ! Ii U " ill I. tll' ~ j 1 ,., 211 I'! U 11!11l!t 1.( ~ Irrrr I ,U,U I!!l!llll '~ .~ ~ ~J..mtt~ I ~~ W,-llij '~_=-=~'.~ III: ~J J~-1c J : DIG! / '/ !il! I I . . < / 111 . : - ~~ \ ~\ -~" G....~f"O · ,[ JHll ! I " "'Il!' ,,~ _ \,. .... *-"'" ~[ I I 'l'~J' 'I-ll," ... w . "'.:l--, e, J II ! ~ ~~ ~/~~.=' '0 >' ~i~l: ~1:!I~m ~ j"RW,~' :. ~~~~"h .~L~~~. ij · I 'I '",'"., :'14_ ~ "" III~. AI~~!+trrrl' Lilli ; . I/r-., .. ~... 1~"1"'L!IJ,~ 11_ 1- ~Il · II L~~--o=. _ u::;>~ ~, I ""'. rn II!. ! r III It' f ~ fc~ : b ll~. ~ II I W!!i .1.. I B~ ~ ~ ill. I j _ _ - ..~~_..---.-:! II I ! I .:.... L ~ 73 'In ii' i 11 , €~ :; !j ~i~ - ~: I ~ Iii II J: ~ J IiI pi II l~ N )\\ llll 'I) III1 l./ll fIlii ill ~ 1'). · .!, I :ii ~ ;U ~ fiJ J . II'~~~.!.I.. .! "~~~::::I\")\"'\o"'." .. J J . 1 I t 1'1 I!~ t ....1 lifJ II ~!:fr 1!11 fil tPt1d 'dll'll ~ 1 II i f i ' p It I I J ~h I . U f IjRl1 ~ ! : I Ii! !l f ; U Ji I' : it tffit I' t I I · I ' .J 't I 11,1 I It ! Sf I !!~.i !!! ! ~ l,ll! !. ,~ f1 it 1 ili Iii, ~. ~U~i,l !i.,W, I, illl ~ I,' litl,flli, i! * ~J :,!!!!t! l~ll J ! i J Il.~. If" pi F.l !j.'." i J Iii i I ~ Ii iI~ Ii II j J !I ~~ J J i d 11,111 I i I ~ l !ul11!nHt 'I j i i il I Hi!htUfIi ,j !I' I II J !hlu!UHI I. I. I II I... Ww(U h,1 ,t C~ r:~ .,...:.........,. ...j J Ii;,'.' 'W'!,I. I Ii' /~w'l 'ii ~ Ii WI h \. ~i Ii :t i I, ~i I' I ~I I . I ,.. .11 ,,,..- I 1 I I 3! '-0 ffi<! ;:E, ~\ () W a:: :> I- :::l u- L IiJ! " ~ .-J 74 . IIVI/j I" ..ll! <:r ~-~ ',1% ~...- I I~ { .' ~ ~l · ~ ~ co ~ 1 ~l~~7"'" I'~ I a! ;11 i II~ J 1,,011, __ ~W \ J:, ,alltlU 5 .1' f 1"" , .,,~ 1_____._ " j , '; ~~.W i' "1I n,i\ I /~/@ ; I~~; ~~'f, f ~ /1/ !IIIIIIIIIIII, · Ii i~ 'f iI, C{ U j: IfEl." ~~; '" I' I(i/, "!~mllml!..~ II 1 J "'.~ i q (( III ") , '1"li-- --,1m !fM~ i ,,11 $I:~JH! ~ !" J.8 ; ::1:. ~ \ II i/~ II) ;; LM z17 i 8 r\ \ ~ ~:a I ~ I i "~___In 'ffl/ "~ :a 'I- ~] oip. i i I ~a:16 7 v 'V/ ' \ \, I { . ~ ~ I II i\:~1 f !( OCJt' '7/)(;~"'\ \W,~. J/ .........'....., h,~ ~ oS , r. "\ /~. (\ , ~'\;\~.- ii,', . ~ f"t ~ 1 I 1\ I I-t B, 1\1 t'."'; . I '~~-:Zi:i ~ ,"< . , ,\ ~, , i ~ ' . -I, ' f, I~ . _. ~ ' 7. r W"', " I < 1)1 - i i I' r...! ~ ~lllfJ fO" It' .,' l\~~_ ',-~ lPI1;';' ", 9 '\ I: rl _~fWlI:, ~. ", " \i}~\I,::~'/~ ~ ~ /:;~Jl .,~~~ / t 1 IY I ,,; ~ f ,-- 'f} ~.' " .--", ~ ,j II 1\1 !N~jil --. .,1f::.-. ,', '~~ { I ;' '. 1\ ..w (! ../' ",. " . <lJ II po \.0.: ~t1)" ,; ........-'1 a~ r.- ~ I '.... ~,o, rrR.,~___'--. ;' j --' tfl I' ,N, . .~ I / ~, ~ I ""l ,~ . . ,:5 'I i" ~'( ~ J\", ~. -~.;~. [1 , ! ~!! .It I :,.' .. ~~~{~~::==l'- ':t'~1i .1. \cllj. 'Ii, .1.- . I ",. ~ ~o.J.I'/..... .'>. .I \: . ~. I i\....-.:::. /. !~ ~ .,...j '- ".;, ~.'/( - , I J. i' jl I ~.., ..' 4, :a.. '" . '.~. ~ ff?([] i ~~i1 ..J.,' ,J Ji ,,' ~~~~, ~', ~ · _. ,~~ JI'lill I r \ \'11 i ! ' t:[2;: ~ . ,~ ~(~\\ L~.=m";v'- [.1...[....[ v: a : ',~" ./" .l~ . ~ - -- V, i/ ~_ /' 7 J l' ~"""'] ......~:7'.~. i F.....":,- 11111 lIt< i \. / I!t .'~, I - ': 1 ) ~ / J~ /1, tf' t ~ 9fG II J : //j / w ffi! I (, ''- U tlJi'"1 :,."".11: 1 /. j j /tF". .....~ ( Ij hr i 'ffi-';; ~i~i III ! C;: / !'-f"'L~, l "j ~. ! ~ \ to .~ I I "..- //..-----__.....~...........~ \... .. ", . ! ~ p\ a:: \- , ,,: Y'-/ /~/' .ir \"-., (/ 1 l' 5 I" ,/.\1, / \ \.: IL. -11: ._~/.' \:, 11 l i r "-"""'\.'. ..... . .....! ~\~ . If\ :'"../ LJ___--.---h------------------h------------------~---~~-=-~--.:~-~ ~,I :~h---h ) \\1 // " "" '^ ,,~....-. .~I/',- ~:-""="'=-~..' - - - - - - - - - - - - - - ...- ~..........:.= -' - . ---" - -;--<::-...~ "\<'- ,-j"'" -=-..... ~ .-) . />::.:::~:~:::.::~.-,::~=;;::;:f.~~a~'.:~:~ -,:..-.:::::.:=-:~::...: ". ICii("""IOJI~'"'\",",",'''' L .J 75 5810TH AVENUE SOUTH WAITE PARK, MN 56387 PtiONE: (320).253-0063 FAX (320)253-0006 February 21,2005 City of Albertville Attn: Mr. Latty Kruse 5975 MainAve. NE Albertville. MN55301 Re: Amendmentof Conditional Use Agreement Shoppes at Towne Lakes One . Dear Mr. Kruse: The OWners of the Shoppes at Towne.Lakes OneherebY1'equesta rnodification.ofthe Conditional Use A.greement for Shoppes at Towne Lakes One dated February 3, 2004. . The original specified use for Lot 1 was for a Restaurant. We have been marketing the site for over 6 months and have received numerous rejections frolll nati()nat chains that have cited the. site is prematUre and that the area does not. yet have. the- demographics necessary to sustain an additional restaurant in this loCation. ... Moreover. the. parking .. requirements make the site only suitable for a small-sit down 01' a fast food location. However. the .location is. an excellent fit for a financi8I institution. arid we havebCen_ contacted by several. Currently. we have entered into a letter. of intent for the sale of the Lot 1. to a financial . institution; this sale is contingent upon . the modification of the Conditional Use Agreement, to allow for a financial institution in Lot 1. With carrying costs and opportunity cost approaching $8,000 a lllOI,lth the owners would be experiencing fltlancial hard$hip.. if forced to wait. fOf the demographicst(). improve to accommodate a restaurant user. which eouldbe as long as two years. If this were the case the fmancial impact to the ownership group could ~xceed S192.000dollars. In an effort to avoid this financial hardship and accommodate the city's desire for restaurants in the area weare proposing a restaurant site in Phase II. . Please find attached a site plan for Phase I and n with the restaurant pad called out in Phase II. In light of these market forces we.respectfully request an audience with the City Council on March 7th. 2005 for consideration of our request. A copy of theCopditional Use . Agreement is enclosed for your convenience. . SincerelY. ..... ____... . () ... .... lfl-I:J. I~ .... Daniel F. Tempel President . 77 ~ ~~tl~ BuDding Department 5964MainAvenueNEe P.O. Box 9. Albertville, MN 55301 Phone: 763-497-5106 -Fax: 763-497-2068 Memorandum To: Honorable Mayor, City Council, and City Staff From: Jon Sutherland Building Official ..~, Date: March 3, 2005 Re: REQUEST FOR REFUND PERMIT # B23-546 FOR 10158 KARSTON eOURT Woodside Communitie$ is requesting a refund of the Building Permittee as noted in the attached Memo. The permit was applied for, processed,obtained, and then clue to unforeseen circumstances the original house plan was abandoned. . The City Refund Policy (example attached) Building COde section (UBe 107.6) allows for 80 percent of the building permit fee to be refunded if requested within 180 days of the issuance of the permit. More than 180 days have elapsed and ther'$fore no refund is available with regard to the building permit. The Council May consider the adoption of a policy of a case-by-case review after 180 days has expired... The plan review fee is not refundable. It is my recommendation the Council consider a refund as noted: Permit $1,760.95 X $0% = Plan Check (non refundable). Site Fireplace Plumbing S&W Mechanical Water Meter (none unleS$ retUf'l'lEtd) Water Fee Sewer Fee Surcharge Storm Water $ 880.50 50.00 100.00 100.00 100.00 2.000.00 4,200.00 200.00 $ 7,630.60 Total Fee Refund . Enclosures 79 " ~~ J\!1?.~.!!~lll~ P.O. Box 9 ALBERTVILLE, MN 55301 l" <rITY pF ALBERTVILLE ~ '. )'BUILDING PERMIT \. ! : , ., PHONE: (763) 497.5106 Contractor Ucense Number Date Submitted /a-/f"C3 BUILDING PERMrt FEES P/i ~~ <";'2:2 () Site AddresL", J -')r.( At'; j ",',,',) /i //1;& '."., "It A/;?- ) .Ij'i)';;Y) I Pennit \ , 7bD,Q5 /E,,ilT /. ,,"'-1.~7-'f' 1. , , ~ legal Descrl~tiqn /. ' li-ci Surcharge I I~ I SP <Lith Cl '7 Plan Check --1 I 4-4 lWl Acklltion; / ",~Y'!O j/' /(",~..,;.:' lot J Block; t::.. I P.I.D.#: Penalty O~ner .lNa~) ~ ,.....J;:.. . ./"' .Phone II: (Include ani. COde) Engineering I t;V, t'I.? if . <?'j~>( .,J,~ '.I,~""...,.' .-::,7';L-'l' ;':'<" lit:~;2; Site ,l,;.-',IJ;'L ;;;;",""'", ~"" f)/XJ. " ,. l j, /! :'1''''' wl/ 'I"~> Architect (Name) (Address) Phone it. (IncllId8 _ COde) Fireplace St>, e:c:;> Plumblng->, I C:C>. t:?C? . lkJilder(Name) S &W 1 OV. .0 1/' i'IV)." /. I' (~~s' -'i J. ;,..,. ",","el#: (lI1clude are. COdeI j fJI), ~ /.,,', i",ll 1/. '}I' ''':~i,( I>/,;,.n, 1;,..3., :~:. ';~"'''J' ./ ,; " :i< ;'/ /,(__:;.? MeChanical WaterMetet I 5P.11t:? Type of Work WAC ~, tr'p.e1"D New Construction l)l Addition 0 Garage 0 Deck 0 SAC ~ 21:0 l~ I StonnWater 2.t:O. t?'..:;;7 Finisb Basement 0 Shed 0 Fireplace 0 Alterations 0 Other Re.roofing,tSidlng 0 Otber(lISt) Other -'--~ - -. -- ~, /'" " . '-. Size of Structure Total Square Footage TOTA0='E: 10, D'ltE/ r, III ~ ~<:... 1,10 Lengtb ,.\/' ? Baserne . ~;...: " Width !) ,-,. First Aoor I.J ~~ Height 1:.)5' Second Floor '1 II' CODE ANALYSIS Type of Const .::::sf , Use of Bldg. SrD Completion Date Estimated Value ,J "I ... ?.l. ",hi ,,) Occupancy Grp R' / ,,<~.)"I .~ Occupancy load The lUldersigned hereby agrees that, in case such permit is granted, that all work w~ch ZOlling District ! shall be done and all materials which shall be used shall comply with the plans and specificationsthercfore herewith submitted and with all the ordinan~s of said Cityi~f ........ ..... ,.. .. Albertville applicable thereto. .;< 'I~ /, di 1" i' , <;,::,l.ii .~' Fire Sprinklers Required _ /~2~ .,//., I ~~ .., 11' Yes No Applicant's Signature " Applicant's Printed Name SPECIAL APPROVALS Approved By Building OffiCial . 6'VJ~ ?-. Date \o/z1-itpj < ./. .t /' Date Copied Approved SPECIAL CONDrrlONS & COMMENTS: , ::~ ~:~~ :;:;:*'~~ "*~ ::.:;m Zonin~ I. I ' , . '; ,:; ...tr= nt'; 20 t t-;, '-, ';\1 {/__ 'Ii -, ;{.f' I ,.... Fire DeDt v / .. /-,- Health Dept Public Works County ;:: City Engineer '/'IJtdr.? lMf/- J ~/ ,:; -:j';~_' ...~ Other 80 . . . 106.4.1 107.6 . and that the fees specified in Section 107 have been paid, the building official shall issue a permit tbereforto the applicant. When the building official issues the pennit wbere plans are re. quired, the building official shall endorse in writing or stamp the plans and specifications APPROVED.Sucb approved plans and specifications shall not be changed, modified or altered without authorizations from the building official, and all work regulated by this code sball be done in accordance with the approvedplans. The building official may issue a permit for the construction of part of a building or structure hefore the entire plans and specifica. lions for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complyiQg with all pertinent requirements of this code. The holderofa partial permitshall proceed without assur- ance that the permit for the. entire building Or structure will be granted. 106.4.2 Retention of plans. One set of approved plans, specifi. cations and computations shall be retained by the building official for a period of not less than 90 days from date of completion of the work covered therein; and Olle set of approved plan!! and specifica- tions shall be retumed.to tbe applicant, and said set shall be kept on the site of the building or wOrk at all times during wbich the work authorized thereby is in progress. 106.4.3 Validity of permit. The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any oCthe provisions of tbis code or of any other ordinance of the juris- diction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances Qf the jurisdiction shall not be valid. The issuance of a permit based on plans, specifications and oth. er data shall not prevent the building Qfficial from thereafter re. quiring the correction of errors in said plans, specifications and other data, or from preventing buildingopetalions being carried on thereunder when in violation of this codeqr ohny other ordi- nances of this jurisdiction. 106.4.4 Expiration. Every permit issued by the building official under the provisions of this cod(: shall (:l!.pire by limitation and be.- come null and void if the building or work aUlhorizedby such per- mit is not Commenced within 180 days ftomthe date of such permit, or if the building ot work authQrized by such permit is sus. pended or aban<loned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one half the amount required for a new permit for sucb work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided fur- ther that such suspension or abandonment has not exceeded one. year. In order to renew action on a permit after expiration, the per- mittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work with- in the time required by this section for good and satisfactory rea. sons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. . . 106.4.5 SuspenSion or revoclltion. The building official may, in writing, suspend Or revoke a permit issued under the proviSions of this code whenever the permit is issued in error or on the basis of 1-4 1997 UNIFORM BUILDING CODE incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this code. SECTION 107 -- FEES 107.1 General. Fees shall be assessed in accordance with the provisions of this section or shall be as sel forth in the fee schedule adopted by the jurisdiction. 107.2 Permit Fees. The fee for eaCh permit shall be as set forth in Table I-A The determination of value or valulItlon under any of the provi- sions of this code shall be made by the building official. The value to be used in computing the building permit and building planre" view fees shall be the total value of all constroction work for wbich the pepnit is iSliued, as well as all. finish work,painting. roofing, electrical, plumbing, heating, air conditioning, ele;vators, fire- extinguishing systernsand any other permanent equipment. 107.3 Plan Review Fees. When submittal documents .arere. quited by Section 106.3.2, a. plan review fee SI1I1II be paid at t~e time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table I.A The plan review fees specified in this section are separate .f~es from the permit fees specified in Section I 07 2 and are in addllJon to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves de- ferred submittal items as defined in Section 106.3.4.2, an addi- tional pllill review fee shall be charged at the rate shown in Table I-A 107.4 Expiration of Plan Review. AppliCations for which no permit is issued within 180 days following the date. of ap~lication shall expire by limitation, and plans and other data submitted for review may thereafter be returned totbe applicant or destroyed by the building official. Thel>uilding official may extend the time for action by the applicant for a period not exceeding 180 days on re- quest by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to re- new action on an application after expiration, the applicant shall resubmit plan!! and pay a new plan review fee. 107.5 Investigation Fees: Work without a Permit. 107.5.1 Investigation. Whenever any work fot which a permit is required by this code has been commenced without first obtain- ing said permit, a special investigation shall be made before a per. mit may be issued for such work. 107.5.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued, The investigation fee shaU be equal to the amount of the permit fee required by this code. The minimum inveStigation fee shall be the same as the minimum fee set forth in Table I.A. The payment of such investigation fee shall not exempt any. person from compliance with all other provisions of this code .nor from any pe.nalty prescribed by law. 107.6 Fee Refunds. The building official may authorize refund- ing of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of nol more than 80 percent of the permit fee paid when no work has been done un- der apermil issued in accordance with lhis code. The building official may authorize refunding or not more than 80 percent of the plan review fee paid when an application for 11 ',}. 81 1997 UNIFORM BUILDING CODE permit for which a plan review fee has been paid is withdrawn or cancele~ before any plan reviewing is done, The building official shaH not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. SECTION 108 -INSPECTIONS 108.1 General. All construction or work for which a permit is required shall be subject to inspOCtion by the building official and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the building official. In addition, certain types of construction shall have continuous in- spectioll,as specified in Section 1701.5. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give au- thority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. A survey of the lot may be required by the building official to verify that the structure is located in accordance with the approved plans. . 108.2 Inspection Record Card. Work requiring a perinit shall not recommenced until theperrnit holder oran agent of ~he permit holdershllU have posted or otherwise made available an inspec- tion record card such as to allow the building official to conVe- niently make the required eludes thereon regarding inspection of the work. This card shall be maintained available by the permit holder until final approval has been granted by the building officiaL 108.3 Inspection Requests. It shall be the duty of the person do- ing the work authorized bya permit to notify the building official that such work is ready for inspection. The building official may require that every request for inspection be filed at least one work- ing day before such inspection is desired. Such request may be in writing or by telephone at the option of the building officiaL It shall be the duty of the person requesting any inspections re- quired by this code to provide access to and means for inspection of such work. 108.4 Approval Required. Work shall not be done beyond the point indicated in each successive inspection withollt first obtain- ing the approval of the b\lilding official. The building official, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed, or shall notify the permit holder or an agent of the per- mit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such ponion shall ncjt be covered or concealed until authorized by the building official. 107.6 108.8 There shall be a final inspection and approval of all buildings anq structllres when comple~ed and ready for occupancy and use. 108.5 Required InspectiolJ$. 108.5.1 General Reinforcing steel or structural framework of any pan of any building or structure shall not be covered or COn- cealed without first obtaining the approval of the building official. Protection of join IS and penetrations in fire-resistive a~mblies I shall not be concealed from view until inspected and approved. The building offidal, upon notification, sball make ~he inspec- tions set forth in the following sections. 108.5.2 Foundation inspection. To be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with approve<l nationally recognized standards, the concrete need I not be on the job. Where the foundation is to be constructed of ap- proved treated wood, additional inspections may be required by the building official. 108.5.3 Concrete slahor under-Roor inspection. To be made after all in-slab or undeJ:-floor buildingservicc equipment, con- duit, piping accessories and other ancillary equipmentitems are in place, but before any concrete is placed or floor sheathing installed, including the s\lbfloor. 108.5.4 Frame inspection. To be made after the roof, aU fram- ing, fire blocking (lnd bracing are in place and all pipes, chimneys and vents are COmplete and the rough electrical, plUmbing, and heating wires, pipes and ducts are approved. 108.5.5 Lath or gypsum board inspection. To be made after all lathing and gypsum board, interior and exterior, is in place, but ~- fore any plastering is applied or beforegyps.um board joints and fasteners are taped and finished. 108.5.6 Final inspection. To be made after finish grading and the building is completed and ready for occupancy. 108.6 Special Inspections. .For special inspections, see Chapter 17. 108.7 Other Inspections. In addition to lhe called inspections specified above, the building official may make Or require other inspeciions of any construction work to ascertain compliance wit~ the provisions of this code and other laws whicb are enfOJ:ced by the code enforcement agency. 108.8 Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is nol complete or when correctiOns called for are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with -the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or rc- inspection. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are nol readily available to the inspector, for fail- ure to provide access on the dale for which inspection is requ~st~d, or for deviating from plans requiring the aPPJ:oval of the buildlllg official. . To obtain a teinspection, the applicant shall file an application therefor in writing on a form furnished for that purpose lInd pay the 1-5 82 . . Page 1 of 1 Tori Leonhardt From: SteveM@Woodsidegrouplnc.com Sent: Wednesday, March 02, 20053:45 PM To: Tori Leonh.ardt Cc: DavidS@woodsidegrouplnc.com; CathyP@Woodsldegrouplnc.com Subject: 10158. Karston Court ~ Refunctof permit S<:anne<i Tori, Woodside Communities is formally requesting a refund of building permit fees for a permit pulled in 2003. . The permit nl.lmber is 823-546, the address is 10158 Karsten Court. Woodside has no intention of bl.lilding this home on this lot.. If you need any other information please let me know, Thank youforyour assistance Steve Steven McCann Vice President of Construction Woodside Communities of Minnesota Office # 763-772-1029 cell # 612~242-5060 Dl?[ O~ ? [1'\1 t'Ot,\tq Hp<'?~ (I \1,{) DA'1~ R HvNl>R&\'tJl-si? M U'Jr f{:... i~LJ"fbm f1fE:P 'Mf}{lM 1 Bv t>AIl "5 Of FERM rf. Ac.) FotLt?r\)h Vf ~€6etff ----- fJo1v of Bl-t>v. 1/E:(<. tJ1/T/ F~ ~~a 'RE:'rOA.(f) vf PlIW. JF€t Rc-z. 'iD -t-( 'X>7o '7 b 3/212005 83 .~ SEH MEMORANDUM TO: Larry Kruse Albertville City Administrator FROM: Robert Moberg, PE Project Manager DATE: March 7, 2005 RE: Albertville, MN Engineering Transition Plan Monthly Status Report SEH No. A-ALBEY0501.00 At your request, I have prepared a summary of activities for the various projects identified in the engineering transition plan for SEH. The summary is as follows: . 1. 50th Street Pedestrian Trail - The contractor has been notified of the City's intent to assess liquidated damages. A meeting with the contractor has been scheduled for March 8 to attempt to resolve the issue and to develop a completion timeline for the project. A verbal agreement has been reached with Dennis Fehn regarding payment for sidewalk improvements. Status of the payment is unknown. 2. 2004 Prairie Run - We are working through some design and long-term maintenance issues for the streetlights. Xcel Energy has prepared a plan for the residential area but does not have a proposed plan for the commercial area. We are currently negotiating with the contractor to implement a change order for building demolition on the Heuring property and for completion of soil compaction testing in the building pad areas. 3. Public Works Building - We have notified the contractor of the City's intent to hire another contractor to complete the outstanding punch list work. A project walkthrough has been scheduled for March 9. 4. 2003 CSAH 19 Upgrade - SEH met with the contractor on March 3 to attempt to resolve the outstanding punch list items. The contractor is working on a proposed solution for the seal coat failure. Once received, we will review it with the County prior to approval. . 85 5. Frontage Avenue (LaCentre Avenue) Improvements - We notified the contractor Of. the City's intent to default the contract and work with the bonding company to finish the project. The contractor has requested another opportunity to complete the work. The bonding company is requesting an update on the status of the remaining work and associated cost. 6. Wastewater Treatment Facility - A Council workshop was conducted on March 2 to review the final plans, financial data, and engineering services agreement. These items will be presented for approval at the March 7 Council meeting. 7. CSAH 37 Pedestrian Trail- A neighborhood open house has been scheduled for March 24 to present the proposed project. Easement descriptions and exhibits are being prepared. We anticipate Council approval of the plans and specs on March 21 or April 4. Bid opening date will be set accordingly. 8. 1-94 Ramps Access Study - A community open house was held on February 28. We are currently working on a Freeway Study Report (FSR), which explains how we have narrowed the number of options down to the two being considered. The FSR will be submitted for City, MnlDOT, and FHWA review and approval by the end of March. The environmental documentation and Interstate Access Request (IAR) necessary to move forward with project planning will be completed when the FSR is finished. 9. 70th Street Corridor Study - We met with staff from the City ofOtsego on February . 22 to review the status of the study. We have completed our portion of the study and have forwarded it to Otsego staff to finish the work. 10. Other Proiects - Final payment for the 2004 Street Overlay project will be presented for Council approval on March 7. Weare waiting on final paperwork from the contractors for the 2004 Seal Coat project and the 1-94 / CSAH 37 Traffic Signal project. The contractor for the 2003 Seal Coat project is to submit a letter acknowledging their responsibility for some warranty work before the project can be completed. Please call me at 651.490.2147 if you have questions. nm . 86 . . . CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2005 - 01 AN ORDINANCE AMENDING ORDINANCE NO. 1993-16 ENTITLED AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUOR, REPEALING INCONSISTENT ORDINANCES, AND PROVIDING A PENALTY FOR VIOLATION. The City Council of the City of Albertville, Minnesota ordains: Section 1. Amendment of Ordinance. Section 8 of Ordinance No. 1993-16, Conditions of License, is hereby amended to add the following subdivision: Subdivision 6. Music on the Premises. No licensed establishment shall permit music inside the premises to be so loud as to be continuously audible to a City official or law enforcement officer for more than two minutes in a principal residential structure located on a parcel of property other than the property which contains the licensed establishment, provided, however, that such principal residential structure is located at least 30 feet from the property line of the property containing the licensed establishment. Any licensed establishment which permits music to be played inside the licensed premises shall keep all doors and windows to the licensed premises closed when such music is playing, except as necessary to allow the passage of goods and customers to and from the licensed premises in the normal course of business. Section 2. Effective Date. This ordinance becomes effective upon its passage and publication according to law. Passed by the council this 21st day of March, 2005. Don Peterson, Mayor ATTEST: Bridget Miller, City Clerk 87 . . . Date: March 18, 2005 To: City Council From: Larry R. Kruse, City Administrator Re: General Update 1) 1-94 UPDATE: The Tinklenberg Group is making arrangements for a delegation to go to Washington D.C. on April 13th and 14th. We will fly out the morning of the 13th and meet with Mr. Kennedy, Mr. Oberstar, Senator Coleman and Senator Dayton. Our trip will be coordinated with Elk River, who will be also meeting with the Congressional Delegation on downtown planning issues. We will leave Washington the afternoon of April 14th . The Mayor and City Administrator will be going and if other council members would like to go, flight arrangements will have to be made on Tuesday, March 22nd. So let me know. 2) CITY HALL: Bonestroo is completing the site survey and soil borings in the South East quadrant of the lot. Mark Forbes will be coming to Monday's Council meeting to continue the discussion regarding the exterior massing of the building. 3) PUBLIC WORKS FACILITY: Staff completed a walk through of the Public Works Facility. The majority of the interior punch list items were completed and a sma11list remains on a few issues which will be competed in the very near future. As soon as weather permits, the exterior items will be completed. Unless we hear otherwise, we will plan on an open house as per the Mayor's suggestion during Albertville Friendly Cities Day. 4) 70TH STREET, OTSEGO AGREEMENT: I will be working with Otsego Administrator Robertson on an agreement to pave 70th Street. At the same time we will develop a draft of the Development Agreement for Hunter's Pass, which will identify how much the Developer will contribute towards MacIver and 70th Street. 5) 2005 CONSTRUCTION PROJECTS (pending approval): The following is a list of City 2005 Construction Projects under consideration: 1) 70th Street between CSAH 19 and MacIver, 2) CSAH 19 from Albertville Premium Outlets North to 70th Street (turn lanes and center median), 3) 52nd Street to Marlowe Avenue and 4) Extension of the Albertville Premium Outlets Street West to the extension of 67th Street (Keystone). For Hunter's pass we need to complete installation of the waterline under Mud Lake and construction of the sewer lift station on the west end of Hunter's Pass. It is anticipated that we will bid the CSAH 37 Trail this spring. 6) BUILDING DEPARTMENT RELOCATION: Front office furniture is scheduled for installation pn April 4th. New computer wires were run last week and we will be installing additional phone wiring and programming the system to accommodate personnel. We have accomplished digital scanning of all the active building permit files 89 and are working on scanning the historical none-active files, as with limited office space . it is necessary to migrate to digital media. I anticipate the move to be competed by April 5th. 7) ENGINEERING REPORT: I have asked Bob Moberg to submit a monthly management report of the transition projects. You will find the first report in your packet. Bob is making good progress with all projects. . . 90 . JOINT POWERS WATER BOARD MINUTES Regular Meeting of February 28, 2005 6:00 PM JPWT Plant Board Room 6:00 PM Call to Order by Don Peterson Board Members Present: Joyce Paullin, Joe Hagerty, Gerhardt Kottke, Jerry Zachman Board Members Absent: John Vetsch Staff Present: Chris Catlin, H.R. Green, Kelly Browning, Veolia Water NA, Shelly Keyes, Veolia Water NA Staff Absent: None MOTION BY ZACHMAN, SECOND BY PAULLIN, TO ADOPT THE AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. There was no one present under the Citizen Forum. MOTION BY ZACHMAN, SECOND BY PAULLIN, TO APPROVE THE MINUTES OF THE . JANUARY 24,2005 REGULAR MEETING. MOTION CARRIED UNANIMOUSLY. MOTION BY PAULLIN, SECOND BY ZACHMAN, TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. Under Unfinished Business, Browning reintroduced the discussion of bond funding for current and future capital projects as listed on the Capital Improvements Drawdown Schedule. The Water Treatment Expansion is currently being paid for with cash on hand, but the anticipated project schedule will require bonding to continue. Browning noted that combining the refunding of the large St Michael bond along with bonding for current and new projects would create a debt obligation which belongs solely to JPWB. Browning introduced Dick Asleson of Northland Securities to address more specific cash flow projections. Asleson began by pointing out the two components of the bonding package, refinancing and new money. Combining the two components into one financial transaction is beneficial from a financing standpoint. Asleson stated JPWB's borrowing history and strong financial position should allow for a revenue bond issuance with a strong credit rating, possibly with Triple A insurance, which could lower the interest rate. . Asleson suggested using the fairly strong cash position to pay off the 1999 Bond as of April or May 1 st, depending on how quickly the refinancing issue goes. The objective of refinancing the large St. Michael bond was to achieve full defeasance, where the money from the refinancing part of the bond is put in escrow to payoff all remaining debt service of the St. Michael bonds until the call date of February 1,2009. That debt would then disappear from St. Michael's 91 financial statements except for a footnote that the bond was outstanding and the amount would not be used in calculating their debt ratio. Asleson explained that interest rates bottomed out . February 9th and have risen approximately 1.5% since then. That increase negates any savings associated with refinancing the large St. Michael bond. Asleson noted the increased interest rates favor a similar scenario called crossover financing. Crossover financing involves refinancing all maturities after the year 2010, depositing the proceeds in an escrow account and continuing regular bond payments on the St Michael bond until February 1,2009 when the escrow funds would be used to pay off the St. Michael bonds. The debt remains on the St. Michael books, but would be footnoted that escrow exists to cover the debt. Crossover financing is not as desirable as full defeasance, but would still be material in regards to St. Michael's credit rating. Asleson reviewed the Projected Cash Flow Schedule with Board Members. He began by reviewing the current cash position and debt service coverage ratio, acknowledging JPWB's strong 2.1 coverage ratio. The Schedule shows $9.7 million in capital improvement projects can be achieved with a combination of cash on hand, $4 million in new money and refinancing the remainder of the existing debt service. Chris Catlin added the Capital Improvement Planning schedule, which the bonding package is based on, incorporates the Aquifer Storage and Recovery (ASR) process as the least cost option compared to large diameter transmission mains or satellite treatment facilities. Browning noted that theASR process is still being reviewed and the bonding should proceed regardless of which option is ultimately chosen. Catlin assured Members that a final recommendation regarding ASR would be forthcoming with additional . testing. Peterson questioned when the credit rating would be issued and Asleson explained that the rating would be based on the financing level determined once specific numbers were submitted and if the rating was not favorable the process could be halted without any costs being incurred. Peterson also questioned if the rating would be affected by the fact that JPWB has no way to levy taxes if a catastrophe occurred. Asleson noted the rating is based on past payment history and future cash projections, but the debt is not supplemented by any city's obligation. The $9.7 capital improvement plan is being partially funded by $5 million in projected water revenue, so that if finances became tight, the number of planned projects could be scaled back. Catlin added that the capital improvement plans are incremental, so that if an economic downturn occurred, then capital improvements wouldn't be necessary and debt service could still be paid with water revenue. (Don Peterson left the meeting at 6:25 pm to attend another meeting obligation.) Hagerty requested confirmation that the St Michael bond would remain on the books, but would be footnoted so that debt ratio was not affected and Asleson confirmed that JPWB would continue to make payments on the bond until February 2009 at which time the debt service would be footnoted with information that an escrow account for the remaining amount exists. Asleson continued the review of the Projected Cash Flow Schedule by explaining that projected water revenue sales were estimated at a 3% increase annually, while expenses were estimated at . 92 . . . a 5% annual increase through 2007 and 4% annual increase from 2007 through 2010. New connections were estimated at 400 per year through 2010 with 3 % annual increase in connection fees. Browning explained that JPWB staff chose fairly conservative estimates to create realistic financial numbers for the bond package, and Asleson suggested the Board authorize Northland Securities to move forward in March with a feasible bond package based on the higher interest rates. Asleson estimated that if the financial data supports a positive Moody's rating and bond insurance, the interest rate would be approximately 4.25%. The old bonds are currently at 5.1 %. Browning added that staff recommends at least $4 million is needed to proceed with the current projects, due to uncertain cash flow and in regards to timeliness of user fees and WAC fee receipts, as well as some discrepancies in 2004 water sales versus water usage from Albertville. There may be additional monies due for 2004 water sales, which the auditors are currently addressing. Browning also explained that higher than anticipated construction costs for the treatment plant expansion are also a major factor in the need to bond. Catlin reiterated the fact that capital improvements are growth-driven, so that if growth ceases, so would capital improvement, completely changing the cash balance at year's end. Cash on hand would then be available to meet debt service needs. Catlin also suggested JPWB has the option to raise rates if a hardship occurred. Zachman questioned if a special meeting should be authorized and Asleson stated a meeting in 2 weeks time would allow Northland Securities to prepare a bond package using the most accurate information available. The bonds would be pre-marketed by the regular March meeting, so a special meeting would allow Board Members time to review the package before making a final decision. MOTION BY PAULLIN, SECOND BY HAGERTY TO AUTHORIZE NORTHLAND SECURITES TO PREPARE A $4 MILLION BOND PACKAGE WITH A REFINANCING OPTION TO THE EXTENT FEASIBLE AND TO CALL A SPECIAL MEETING WEDNESDAY, MARCH 16TH AT 6 PM. MOTION CARRIED UNANIMOUSLY. Under Engineering, Catlin recommended payment of water analysis fees previously withheld for $760 to Traut Wells on Well #7. MOTION BY PAULLIN, SECOND BY ZACHMAN TO APPROVE PAYMENT OF WATER ANALYSIS FEES ON WELL #7 TO TRAUT WELLS IN THE AMOUNT AS PRESENTED. MOTION CARRIED UNANIMOUSLY. Catlin also recommended payment of $4700 to JR Ferche as final payment for Well #6 Valve Station. MOTION BY PAULLIN, SECOND BY KOTTKE TO APPROVE FINAL PAYMENT OF WELL #6 VALVE STATION IN THE AMOUNT PRESENTED. MOTION CARRIED UNANIMOUSLY. Catlin recommended payment of$273,542.05 to Rice Lake Construction Group as Partial Pay Estimate #1 for the Water Treatment Plant Expansion. MOTION BY PAULLIN, SECOND BY HAGERTY TO APPROVE PARTIAL PAYMENT #1 OF THE WATER PLANT EXPANSION TO RICE LAKE CONSTRUCTION GROUP IN THE AMOUNT PRESENTED. MOTION CARRIED UNANIMOUSLY. 93 Under Operations/Office, there were no items to discuss. MOTION BY PAULLIN, SECOND BY ZACHMAN, TO APPROVE THE LIST OF CLAIMS AS PRESENTED. MOTION CARRIED UNANIMOUSLY. MOTION BY PAULLIN, SECOND BY HAGERTY, TO ADJOURN AT 6:59 P.M. MOTION CARRIED UNANIMOUSLY. Recording Secretary 94 . . . . . Wright County Sheriff's Office Sheriff Gary L. Miller Don Lindell Chief Deputy Dave Miller CaptainofOperatio~ Gary'Thrfm Captain Jail Administrator 10 2nd St. NW&orn 170 Buffalo, MN55313 1-8~362..3667 Fax: 763-682-7610 March 14,2005 Dear City Administrator/City Clerk, Dispatch Records Civil WammtB Investigations Jail Admin. Victim Assilltant 763-682-1162 763-682-7622 763-6$2-7646 71)3-682.7688 763-682-7637 763-682-7662 763-684-4537 Enclosed you will find the Wright County Sheriffs Office CaliS for Service (CFS) report for law enforcement activity and also a report of crimes in your city for February 2005. Please make this information available to the mayor, council members, or other interested citizens. Please direct any questions to Deputy Mitch Flemming at (763)682-7647. Sincerely, L_~,..._ ~..., ..;:.,,,,.. ..(.,.,- ......... -~'\. .. J<...L /;""''''1.;. '""' " ;',". ."..,..'.-:.,.,'", ~..,. .....:.:.. Gary L. Miller ~~: \"~ ~:' .. ,,) MEF264 95 City ofAlbertviUe... February< 2005 Sheriff GaryL. MUler Number of Calls 8 1 20 5 TYJ>e of Call 911 Hang Up Agency Assist Alarm Chec~ Welfare 2 4 1 Citizen Aid Civil Complaint D.L. Restriction Violation Disturb Public Peace 9 Dog Complaint Domestic 5 3 2 1 3 Equipment Violation Expired D.L. Expired Registration Fail to Wear Seat Belt 1 Fight Fil'eCall 5 2 Harassment 2 2 1 Hit & Run Accident HouselBusiness Check 3 1 Injury MVlMV Accident Juvenile Complaint Larcenyrrheft [Pending] Leave Scene of Accident (H&R) 4 -----. Monday. March 14, 2005 Page 1 of 3 . 96 . Number of Calls 1 2 1 12 3 1 3 3 2 5 9 1 1 . 1 1 1 3 2 19 4 1 10 1 3 6 Monday. March 14, 2005 . TYpe of Call Uquor Violation Lost Animal Lost Property Medical Mise Information Missing Person Motorist Aid MV Accident (Non-Reportable) MV/Fixed Object Accident MV/MV Accident No Insurance No MN D.L. No Parking Violation Open Bottle Overtime Parking Parking Violation (Other) Property DamagefTrespass [pending] Prowler RepossesSed Vehicle Seasonal Parking VIOlation (Snowbird) Semaphore Violation Sex Offense . Speed Stalled Vehicle Stop Sign Vio~tion . Suspicious Circumstance Page 2 of 3 97 City of Albertville - February 2005 Sheriff Gary L. Miller . Number of Crimes Part I or II. Crime 1 6 Burglary Larceny Other Assaults Forgery/Counterfeit Stolen Property Crimes Crim. Damage Property Weapons Violations Narcotics DUI Other Total 4 1 4 1 6 1 16 54 Monday, March 14, 2()O5 Page 1 of 1 98 . . . . ~ i:: 8 -q: . i!:~ <o~ ~ ~~ ~a. ~ ..... ~ :it ~ . " z -! i lit I~ 1 ~ 1- 1\i~ 1\~ Hf ~~ ClZ fi~ hilll ~i~ S-t ill ~; hi ~j ~ I ., ~ J ~ ~ ~ "6 f I~ H 'i i I' 'i ~l Ii <. H' "t h w i!i" )~C 4~,< II! f~~ ~~1 --. \1- tjl fl~ .h~ -< i'< q' ~l' ~i ~ ~i~if b!~t~ .=lll; ii~~ jJil~ ~h~ h<l~ ~ j ~ j ~ ~ ., i 1 ~ j I I " I I I I I I I I I I I ~i I I I I " I I I I I I I I I I I I " I " I I I I I I I I I I I I I I I I @ I, I I I I I " I I I I I I I I I I I I I I I I ) / .107 ;; 'FZlI< .. "" ,.,.J ~~."" ...o6!~kI:"$~nJllMOl'" ., ;' / "'-', "'-<:C> ,,>, ,.'-' ., " r-~ " " '1 ti y ~. -.............. / ... - /~ '-::-'-', ~l . .i \...)' \ .. \ " '" .~. ! ~ , , I I 1 1 : <a : l~ , 'i : ,. ~ U. ~; -I 1 I I :~ :~ 1 1 I 1 1 I I I I : ~l~ , 'b~ I 'l!~ : JI,~ ., " <:, (. i: \: ." I , I ~';);"l 3~as.~,. "'v ..."........, ....' lIlth Iii! ,-, .....1 ,,,> CJ .- " r: ~) () ." ~ : '-'!'; ~ : ~ "4 al: Hi -'\)_ 1t: I ;LI' "< II "Ii!~ ......,,,..._'_'\ _ 1, ~~ __~._I_ . : ^'.~ ----~:!'!.---;P.cl.ao N \ r_ ':;L____-;;~ 6: "" ('3'N '~',-r J.:r:'G8Vi,i '" .... ~ ~ ~? 'H~-5';; Q ;; ~ !i 8t I $1 !l i ~ lh ~J ~I , il 1:1 l~ iH, ~ I . )~~ I i i I h~ ~I ~ III i I I i r 01-1 f! 1 t I I li~ I- f, } I I ~ ~f ~~ ~<s I .. I } IH! i 1-1 ~_'I)l___J ~ ~ ~~1 ~I ~H - T -- -. I - I ~ fl~t I ! h~ P . ~ I ~i~ ~J iii " I .:i'9a g I , o,~ l~h ~~l ~l -t I I 'Ji~ h~ 1 l~~ I I ~ I lli~ I n~ , :t 0 i:: ...... 8 -q: i!: ~ ~nJ ---;;.,~~ < <0 z ::E . =:i ~ w a: a.. ~ -q: -.I ~ =t ~ H'OOZ 3 .U'./It.6J1 N ..." .,... .... , << . otIlIt tJO'fIl ... ..... !~~ ~ tj!~ - ~....\~ lr"lJIt ~ ~~<:::.--", ~ , '......"......"t} ~.\.'" ~~ ~ ~~Ia~~l::~~"i~~~~ III ~~ llN ll' S' S' ~'ll' ii' . . "'.... ..w "'" ""'" .... , I il8\ ~i (xu:. :J ~Jt.p;.." II \ ~ . . . ~ 8 <( 8 (xn.. Din. '.1(.tJrJJlN .- f_ . J .tl'.-M if ." ~ ~ () .~ t:. ~ o'n~ ~~ 1>>:':' 3 .fC,M.,M N .~ :) ~8 J.Ir..It.uM 8~ ~ ~" () p . ~" DDI.IJ .,r.."".'" 1 .Ie.... N OiF'. f III . ~ II ~ ,." ) Ai 'K! ~l ff~ .:{ J .."0,1' / ~/ i .. -'. "'I OlH.' "" .t1J.t!>';,-fi / i ~k' .~ ! OCL~ ..OI,~.,..lt91<t li ~ 1>>4.9 s: .Ill ,JiJ~$'" k Q:::t ~ li ~'t. .... .OI.;"'H Si ~ 8 ~ li - 8 ~ III ... GCL' ,. .4,~#"" {ti .. '( otF'-~ M .Ol,lK../W N I .." il~ ...,~.... a j OCLIJ ~ ".Ol.~"""/It i: aJt,. ~ 'I ___."E.'!.n. .,,, ~ . ~ _ ~ t--,. :' .~_~~~.",. -- w) t("()lZ .. .. ~I).jl ao.e2 ,r M .O~6G.6J1 N ,"5J',g' r \. H ru tt:: .l~~ irg lj~~ ,. () ~. ~ :) () ~ . .... f:Z"LSfJ I<1fJ/Cf1YHoi~ $JWt)ll/llOJ .....l~~Hft~' !~~ jJ!: ..... << ~'~'~-tr-// If'" --- il'; tn~.~ I I I :j . . I I I . ~ ~ ? ~ .:<i - - = - - ~ ] - 2! ~ ! Q >. 0 in - - eI'I 'E ~ "" ~~ > ..J 0 C <'C ~ - - .? - ~ ..., c' E- t:: S .;2 '2 z """Ill( ~ Q) -"- - > c:: ~ ~ ;;; ~ .:<i '" .;0 Co >- ~ - C 1ii ~ - ..., >. 0/> .2 ,.., E- j .~ 5- .;: ;: j; - 0:; - - '!: c:: ,., Q) 1; >- 6 .9 ~ ~ '" V1 0; '" ~ ;:0 4: Vi Vi '" ~ ~ ~ '" ~ U ell ell ell ~ 2 @ 0 ell Cll ell w: ~ '" '" b 1c N ""' ""' Ii ~ N N "" N N N < >. 0 0 0 0 " 0 0 0 0 Q) ~ ~ >:A( v .~ ^ ~ ~ " ~ ~ / >.::- 1:; ..c. c.- o = ... Q c..U ... III o ... - .. ""c. ~.g - .. = > o .. UQ . ~ .; e -; ;; ... .. c ~ :: ~ ~ . ct,~~; "0 is:;;; o E;:;:::; o '.~ !r~: i~~l ~ ~ ~ / ----- ,/ ----- / ~ , EXHIBIT / /;~ I c i I I I I I I I I I I I I I I I I I I I I I I ~- Ilq~8 :~N ~~ j] 1 · I ~!Jl ~~I ~ ~ t ~-5 I~\O~ . r;- < . <.) N. . ~~ h~~ il!!H ~ ~ i~ ~ ~ ~i ; ~ ti J i 01 4lU ~ ~J ~~f 8.h ~~ . .. ~ !,g }8 ~\1j ~ JI ~ ~ I i ! 10 U 111", :]~Il h!l~ I i~i.("::::: - tiil'.: :1;( Hf" ~I j J f~1 1 sl . ~ ~ L -.J I~ - - ~ - ~ J oll~ ~ ~ l!l K- g ~jJ 0 ! ~~ ~ r:: ~.~ J .... "0 QI"O ! ~< o..c: E-i~ . t: Iw ~~ f~H j ~~, ~ t; fi i IS <. ; Kg; ~ 8 ~~ J I .! & "; l"i! f 0 ! hi ~HH j = ! j~~:l ~isi i~ ~; ,.J z ~b5.~..o""'''f,'' ~t z e ~ ~.." n i~ I';: n ~ ~ ! ! :,;1i!uii:! ~' il i~!~~~~!~! i: il. ...... jl~ i:'i:~':i'~ ...... ~ ~ .\'~'{8~iij'. ~ ~ o . ,~d,.,.~fIB '. ~ ~ ",~s~Jl"'ll::-'!~"o!l", ~ ~ IB'~~d~nh~!!i ~ &:jg ~e~:!",ooe",..,... "'.., I g" lClEilG:mltlli~"'1D IIJ.] ~ :~'~~~~NS>~~:': ! ! . 'i i i I i! ~ I i I : ! ~!l !.I,I 1t ., . . I' , i . !il ji !Ii IS! 'I' ., L . Ii ',' t '. 1 ' t i '. i ".' I' i. .' :! . ~l . If' i I ! i 'i .! .1 ,I; t I 7 -.1 . , , , . . I d ,! 1- I 'Iii s' i I I t 1 \- I' . 'f !' 11 ~ 11.1' ! I j I . !; < Ii . 1 I! t! U 1. Il.rt -.'" I I I t H f . r. .j , l I 'I 1: Iii · ., .1 'j I H " ill ;{t j JIif,~ I j f ! ! i II! Ii III it i! s UI I!! It f! i J: i i ; , ; " if i 1 j !! Z Iq II'U1Jlll r '.1 I. 1 ! ! tit '1 1 li'l'r ~ 'f' ,.' ~ ! 1, ,,' , ') I Ijf ,''''',' t I I' i' j' I I ~Ol HUlll. j j' J ' , I fl' It. 'I .I! I!'l"!!l j '" j '.' If' I Ii :;. I i 'j * Il"!~! };Hl, I ',I 1 1 ' ~ · jl i: ' Illj '" I,,:,, ". ,I' ,I I l' .: I .. ". h' h ,f . ' , .' I!' !i f. '" !,t .1 I ! ! ~ : ! 11 .1 h ~ H 1I l,j ii !~ ;i g ... ; ! H j! " II '. n ;~ ~ .. . ! ~ ~ il ~ I i~ i ~~ , ~~ I Ii < i~ ~t ~ ~~ 5i I ~r ~a .~ !: ~ i~ . I "'''''il< 1'< ~ II l; ;11 )) 1.1")'): ~<l" ~. < i~~~(,!~t '~~~~'~/C:J""""....~~.,\ ~"-....."'- 'IFd V ~. If',.: ;*~. _ <I~'Y ~", ~f1~1l )., " ' "~" .~ ,,:A \. ," -::;r, \. ',-- .~~. II , I,' ~ O!!" :~~~~,' '~"-" ... \'\ " ~" 'y" JL r'p~ ~ '; ~ ~ =~ ~ ~.. '-" .' -, ~ \. L ~.' · , 1:11 I ." J1 'H~H"i." ~ . \ _,.o=~ t." i' ( j 7<."": ; . I ~ -~.. ,/ ij, /91~r:=j~~~ ; "~, CN ~.'r' f~(: · :l."~~ I~~~' ~~J.~~~k i~d~ i.,..r ; q~r0~H)- . I'HVt-i~/~'i- I~~~ gl..,,:.1X""', "''FT,;~~~ ::II~I!I!1 .;I..".._ r~J f2< ~~\(/i)';"~:~ .,o,,"P 9!!, \...> 'A.,l< (~'\'\#-2 / / ..... '~, "::~~~/V.,:~ ~F"'~~;~~~<'\ ,', II':' )~ ~~~~~~,'J~~~~~\ tI~t N \) , I', ~ ~ ~~~; 'd 4J'i~,~~?' ~ ['iW _ . 1\, ~ ~ ~ ~...-", \11 ::":1 '~d,b~" ~' ftK:~~ .\ ",,; : ~ ~"K~ ..';?J ~~ ~'f%l '''';'f< ':(~ : 'I ;1 . ..../ ...../ I / i~~m ..J ~ ~! // . ~I ~I i ~ ~ : ::!: ;1 ~ k I ..J () " <( UJ 0:: ,13 W oc 1-"' ::2: UJ o '~ ::;]; . ~ ..0 ::::E ::> () 0 o W () 0:: ..:) -l- =:) u. w :i ... w w a: 1-+ (j) J: 1-+ o .... " I I I ;: I .' I :1 : 1 r I . , : ,.' j '.! /// li/ ". .. ... 1 /' ...... , ; ..' .......... 8\ ( . ~ \ L /- ~ ~ !~ ~~ ~ s ii~ ' ~ ..... .., lslE j <0 ~ ~ ~i I 0/' i;j ~l!S ~ L ~~~~ I"',~: i UJ 0:: :::J I- :::J LL \., ..... 'm _-'~-,_.~ _ - ..--- ~-7------ -.;..c:-'ilf.67". .,... ------_m ....... --- ~-- '.I.. -/--.'~'- -- .-,. -.-. '. .~ . .F . . ; .'- , . ".6J QVOld AlNnOO . ......... I " I/( 6""IOjld'lO'O",U.I,\O"",'lO-O'lt61,\'d i u ~ ~I -;U ~ iJ ih J:I Joe ~ !b fa lllJ ~ .... Ii - I il 111 ii' j tl I '0' I" JI Iii 111 [Ii hi S I - -- fit ~ ..J . . . 1\ . , ,- }I .B-; .lO w ~I H~~ ~~H 1: ;5 '" 1 i en I ~ % IS ." '~ 5! ~ -i" " ., ". I, I , { j i~ :s I ~ 1 ~ 'I . : .: T. !! I I // ( . ("3^VXO~3t1\0)6~a\i~l:l MNnoa.. I G. .'. OOi!/<,Ol/t O~" lQJ(j'J'10.0<;l({,t,\i5M,n".IJO<;ll:6b\'d ~ 1l a~~ ~lu- t ~ o a ~ c:: j~J ~ ~ 1 o.J:: E-c\C i ~ ~ ~I a:lH ~ ~J t'~4 g.!J &:: 50< ~ III !.t: f8 lllj i I i I I I ~ f~ il," , EI l]"\{1 I!li~! :!i~' il tII ' h I .. ~ ~ ~