2005-03-21 CC Packet
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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)
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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. .
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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
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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.
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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
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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/.
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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
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.
.
ALBERTVILLE
Vicinity Map
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..
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
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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
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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~
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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
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