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2005-04-18 CC Packet• ~~ ALBERTVILLE CITY COUNCIL ADDENDUM AGENDA April 18, 2005 7:00 PM 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER -ROLL CALL -ADOPT AGENDA 3. MINUTES a. Apri14, 2005 City Council Minutes (pgs. 3-11) b. Apri15, 2005 City Council Workshop Minutes (pgs. 13-17) 4. CITIZEN FORUM - (10 Minute Limit) 5. CONSENT AGENDA a. Approve payment of claims check numbers 021279-021329 (pgs. 19-25) • b. Liquor License Renewals 1). 3.2 Malt On Sale Liquor Licenses a). Hong Thai b). Rosetti's Pizza & Pasta c. Accept a Donation of Gambling Funds from the Albertville Lions in the amount of $1,080 and make a donation to the Albertville Queens Committee in the amount of $1,080 6. ACTION ON PULLED CONSENT ITEMS 7. CTTY HALL AMENDED CONTRACT - BONESTROO (pg. 27) 8. NORTHLAND SECURITIES -JOINT POWERS BOND ISSUE 9. DEPARTMENT BUSINESS a. Wastewater Treatment Plant 1. Bid Results (pg. 29) b. Building Department 2. Monthly Report (pgs. 31-33) c. Planning 1. None d. Engineering 1. None e. Legal 1. First Amendment to the Master Planned Unit Development/Conditional Use Agreement for the Shoppes at Towne Lakes One (pgs. 35-37) f. Finance 1. None g. Administration l . Newsletter Articles 10. OTHER BUSINESS, MINUTES AND MATERIALS a. City Hall Site Layout Information (pgs. 39-41) Update on Site Layout -Retention Ponds b. Joint STMA Board Agenda (pg. 43) c. Joint Powers Water Board March 28, 2005 Minutes (pgs. 45-46) d. Updated April -May 2005 Calendar ofEvents/Meetings (pg. 47) 11. CORRESPONDENCE a. None 12. ADJOURNMENT • 2 • NORTHLAND SECURITIES, INC. Member NASD end SIPC 45 South 7`h Street, Suite 2500, Minneapolis, MN 55402 To11 Free: (800) 851-2920 Direct: (612) 851-5903 Fax: (612) 851-5917 dasleson@northlandsecurities.com EMAIL ATTACHMENT MEMO DATE: Apri115, 2005 TO: The City Councils and City Administrators of the Cities of Albertville, Hanover, and St. Michael FROM: Dick Asleson, Sr. Vice President I'~ George Eilertson, Sr. Vice President i' RE: Recent Joint Powers Board Bond Issue As you are aware, the Joint Powers Water Board on March 28, 2005, did adopt a resolution giving final approval to the issuance of $8,430,000 Water Revenue Bonds of 2005. Of this amount, $4,465,000 is the so called New Money portion and $3,965,000 is the so called Refunding portion. The closing date for the bond issue (the date the JPWB receives the money) is scheduled for April 28, 2005. FOR ALL 3 CITIES • Attached to this memo as Exhibit A is a resolution adopted by the JPWB on March 16, 2005. Attached as Exhibit B is ablack-lined version of pp 1-3 of the March 16`h resolution that shows the how the :1999 bond issue language needs to be amended to allow the present bond issue. The Briggs & Morgan law firm prepared the amending resolution (Exhibit A). Again, the JPWB has already adopted the Exhibit A resolution. What does your City need to do? The City Council needs to adopt a motion, that authorizes the appropriate City officials to sign the consent page that is attached to the resolution. A Northland Securities representative (Dick Asleson, George Eilertson, or Paul Donna) will attend the Albertville Council meeting on April 18, the Hanover Council meeting on April 19, and the St. Michael Council meeting on April 26 to answer any questions about the resolution in particular or the JPWB bond issue in general. FOR ST. MICHAEL ONLY In addition to the action item listed above, the St. Michael City Council is requested to adopt, at its regular meeting on Apri126, the resolution attached as Exhibit C. The Exhibit C resolution (prepared by Briggs & Morgan) is the resolution directing that all bonds of St. Michael's $5,025,000 General Obligation Water Revenue Bond, Series 1999 (the "1999 Bonds"), maturing after Febtvary 1, 2009 ($3,870,000) he called for redemption and prepaid on February 1, 2009. The payoff will be financed with the escrowed portion of proceeds from the 2005 bond issue of the Joint Powers Water Board that will close on April 28, 2005. In addition, Section 2 of the resolution directs that the reserve money now held by St. Michael related to the 1999 Bonds be released to the JPWB on February 1, 2009. Questions -Please call Dick Asleson (612-851-5903) or George Eilertson (612-851-5906) RGA:ra Enclosures • EXTRACT OF MINUTES OF A MEETING OF THE BOARD OF COMMISSIONERS OF THE JOINT POWERS WATER BOARD OF ALBERTVILLE, HANOVER AND ST. MICHAEL, MINNESOTA HELD: March 16, 2005 Pursuant to due call and notice thereof, a regular or special meeting of the Board of Commissioners of the Joint Powers Water Boazd of Albertville, Hanover and St. Michael, Hennepin and Wright Counties, Minnesota, was duly held at the Albertville City Hall, in Albertville, Minnesota, on Mazch 16, 2005, at 6:00 o'clock p.m. The following members were present: Chair Zachman and Members: D. Peterson, Paullin, Hagerty, Kottke and Vetsch. and the following were absent: None Member Peterson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE RESOLUTION PROVIDING FOR THE ISSUANCE OF $S,02S,000 WATER REVENUE BONDS, SERIES 1999 (CONSISTING OF A $3,015,000 • WATER REVENUE BOND, SERIES 1999A, A $1,6S8,2S0 WATER REVENUE BOND, SERIES 1999B AND A $3S 1,750 WATER REVENUE BOND, SERIES 19990) A. WHEREAS, the Joint Powers Water Board of Albertville, Hanover, and St. Michael, Minnesota (the "Board"), an organization of political subdivisions of the State of Minnesota duly organized by an agreement under Minnesota Statutes, Section 471.59 has jurisdiction over and operates a water system (the "Water Utility") and facilities owned collectively by the Cities of Hanover ("Hanover"), St. Michael ("St. Michael") and Albertville ("Albertville"), Minnesota (collectively, the "Participating Cities"); B. WHEREAS, by resolution duly adopted by the Board on November 8, 1999 (the "Bond Resolution"), the Boazd issued $S,02S,000 Water Revenue Bonds, Series 1999 (the "Bonds") to fmance additional improvements (the "Improvements") to the Water Utility through the issuance by St. Michael of its general obligation water revenue bonds in the principal amount of $S,02S,000 (the "St. Michael Bonds"); and C. WHEREAS, in order to induce St. Michael to issue the St. Michael Bonds and provide for the payment thereof, the Board issued the Bonds, consisting of a $3,015,000 Water Revenue Bond, Series 1999A (the "Series A Bond") delivered to St. Michael, a $1,658,2.50 Water Revenue Bond, Series 1999B (the "Series B Bond") delivered to Albertville, and a $3S 1,750 Water Revenue Bond, Series 19990 (the "Series C Bond") delivered to Hanover, all pursuant to Minnesota Statutes, Section 471.59, Subdivision 1 l; the Bonds are payable solely from the net revenues of the Water Utility; and C, 1747190v1 • D. WHEREAS, in turn, Albertville issued and delivered to St. Michael a general obligation water revenue bond, payable primarily from debt service payments made under the Series B Bond, to finance its share of the Improvements (the "Albertville Bond") and Hanover issued and delivered to St. Michael a general obligation water revenue bond, payable primarily from debt service payments made under the Series C Bond, to finance its share of the Improvements (the "Hanover Bond"); and E. WHEREAS, the Board is considering refunding the St. Michael Bonds, and consequently, the Bonds, as well as financing certain improvements to the Water Utility and hereby determines that the Bond Resolution must be amended to change the covenants relating to Additional Parity Bonds (as defined in the Bond Resolution); and F. WHEREAS, in order to amend the Bond Resolution, it is necessary to obtain the consents of the Participating Cities, as required by paragraph 27 of the Bond Resolution. NOW, THEREFORE, BE IT RESOLVED by the Boazd of the Joint Powers Water Board of Albertville, Hanover and St. Michael, Hennepin and Wright Counties, Minnesota, as follows: 1. Paragraph 20 of the Bond Resolution is amended to read as follows: Additional Parity Bonds. The Bonds issued hereunder shall be secuued by a change and lien upon the net revenues of the Water Utility. No additional obligations shall be hereafter issued unless they are secured by a lien on said net revenues which is expressly made second and subordinate to the lien upon the net revenues securing the Parity Bonds; provided however, that • additional obligations may be issued on a parity of lien with outstanding Parity Bonds, if the annual net revenues of the Water Utility for the completed fiscal or calendar year immediately preceding the issuance of such additional obligations shall have been at least (a) 110% of the average annual principal and interest (after taking into account any mandatory redemption schedule and the Escrowed Proceeds and any other similar escrow funds) to become due on the Prior Bond and all outstanding Parity Bonds, including the proposed additional Parity Bonds, on or before the longest maturity of any of the Prior Bond and the then outstanding Parity Blonds; and (b) equal to the maximum annual principal and interest coming due thereafter on all'' outstanding obligations payable from the revenues of the Fund, including any subordina a lien obligations and the additional obligations so to be issued; and provided also, that the int rest to become due on any such additional Parity Bonds shall continence on February 1 of the ,ear in which such interest first becomes payable and shall be payable semiannually thereafter on February 1 and August 1 of each year and the principal to become due on such additional Parity Bonds shall be payable on February l of each yeaz in which any such principal becomes due. For purposes of determining the net revenues of the Water Utility for each of the prece ng 'calendar or fiscal years as aforesaid, the amount of the gross revenues of the Water Util ty for such years may be adjusted by a Consulting Engineer or by the independent certified p lic accountant who prepared the last audit report covering the operations of the Water Utili so as to reflect any changes in the amount of such revenues which would have resulted if any revision of the schedule of rates and charges imposed at ]east three months prior to the time of issuance of .any additional bonds had been in effect. The term "Consulting Engineer" means an en~ineer or firm of engineers who is not an officer or regulaz employee of the Board and is not dev~ting substantially all of his, hers or its time and effort to the affairs of the Water Utility. i~a~i9o~~ 2 Other than the Boazd's $8,480,000 Water Revenue and Crossover Refunding Bonds, Series 2005A (the " 2005A Parity Bonds") which are issued to refund the outstanding Bonds and for which funds in the Reserve Account (and currently held by St. Michael) will be transferred and allocated to the Reserve Account for the benefit of the 2005A Parity Bonds on February 1, 2009, no additional Parity Bonds may be issued pursuant to this pazagraph 20 unless the amounts in the Reserve Account are increased to an amount equal to 10% of the principal amount of the bonds to be issued, (subject to any reduction caused by any arbitrage restrictions) and the conditions and requirements of the resolutions authorizing all respective Parity Bonds aze complied with and fully performed. 2. Except as hereby amended, all other terms and conditions of the Bond Resolution shall remain in full force and effect. 3. Consents of the Participating Cities, in the form attached hereto, shall be submitted to the Participating Cities for consent and are made a part of this resolution. The motion for the adoption of the foregoing resolution was duly seconded by member Paullson and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Chair Zachman and Members: P. Peterson, Paullin, Hagerty, Kottke and Vetsch. • and the following voted against the same: None Whereupon the resolution was declazed duly passed and adopted. • 1747190v1 C' STATE OF MINNESOTA COUNTIES OF HENNEPIN AND WRIGHT JOINT POWERS WATER BOARD OF ALBERTVILLE, HANOVER AND ST. MICHAEL I, the undersigned, being the duly qualified and acting Secretary of the Joint Powers Water Board of Albertville, Hanover and St. Michael, Minnesota DO HEREBY CERTIFY that I have compazed the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the Board, duly called and held on the date therein indicated, insofar as such minutes relate to amending the Bond Resolution adopted on November 8, 1999, relating to the $S,02S,000 Water Revenue Bonds, Series 1999. WITNESS my hand on March 16, 2005. Secretary na~i9o~~ 4 r~ U • • CONSENT OF BONDHOLDERS We, the undersigned, aze the bondholders (the "Bondholders") of one hundred percent (100%) of the principal amount of the $5,025,000 Water Revenue Bonds, Series 1999 (the "Bonds"), issued by the Joint Powers Water Board of Albertville, Hanover, and St. Michael, Minnesota (the "Boadd"), an organization of political subdivisions of the State of Minnesota duly organized by an agreement under Minnesota Statutes, Section 471.59 with jurisdiction over and operating a water system (the "Water Utility") and facilities owned collectively by the Cities of Hanover ("Hanover"), St. Michael ("St. Michael") and Albertville ("Albertville"), Minnesota (collectively, the "Participating Cities"). The Board is considering refunding the St. Michael Bonds, and consequently, the Bonds as well as financing additional improvements to the Water Utility and the Bond Resolution must be amended to change the covenants relating to Additional Parity Bonds (as defined in the Bond Resolution). We have reviewed the resolution adopted by the Board on March 16, 2005, and the proposed amendment to paragraph 20 of the Bond Resolution and hereby consent to the amendment. This Consent of Bondholders maybe simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same • instrument. • »a~ ~9o~i • IN WITNESS WHEREOF, the undersigned have caused this Consent of Bondholders to be duly executed in their names and on their behalf by their duly authorized representatives on this day of March, 2005. CITY OF ALBERTVILLE, MINNESOTA Mayor Clerk 1747190v1 S-1 • • • 1N WITNESS WHEREOF, the undersigned have caused this Consent of Bondholders to be duly executed in their names and on their behalf by their duly authorized representatives on this day of March, 2005. 1747190v1 CITY OF HANOVER, MINNESOTA Mayor Administrator S-2 C7 IN WITNESS WHEREOF, the undersigned have caused this Consent of Bondholders to be duly executed in their names and on their behalf by their duly authorized representatives on this __ day of March, 2005. CITY OF ST. MICHAEL, MINNESOTA Mayor Administrator ~ ~a>>9o~~ S-3 • • EETIN F THE • EXTRACT OF MINUTES OF A M G O BOARD OF COMMISSIONERS OF THE JOINT POWERS WATER BOARD OF ALBERTVILLE, HANOVER AND ST. MICHAEL, MINNESOTA HELD: March 16, 2005 Pursuant to due call and notice thereof, a regular or special meeting of the Board of Commissioners of the Joint Powers Water Board of Albertville, Hanover and St. Michael, Hennepin and Wright Counties, Minnesota, was duly held at the Albertville City Hall, in Albertville, Minnesota, on March 16, 2005, at 7:00 o'clock p.m. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE RESOLUTION PROVIDING FOR TIIE ISSUANCE OF $5,025,000 WATER REVENUE BONDS, SERIES 1999 (CONSISTING OF A $3,01.5,000 WATER REVENUE BOND, SERIES 1999A, A $1,658,250 WATER REVENUE BOND, SERIES 1999B AND A $351,750 WATER REVENUE BOND, SERIES 1999C) A. WHEREAS, the Joint Powers Water Board of Albertville, Hanover, and St. • Michael, Minnesota (the "Board"), an organization of political subdivisions of the State of Minnesota duly organized by an agreement under Minnesota Statutes, Section 471..59 has jurisdiction over and operates a water system (the "Water Utility") and facilities owned collectively by the Cities of Hanover ("Hanover"), St. Michael ("St. Michael") and Albertville ("Albertville"), Minnesota (collectively, the "Participating Cities"); B. WHEREAS, by resolution duly adopted by the Board on November 8, 1999 (the "Bond Resolution"), the Board issued $5,025,000 Water Revenue Bonds, Series 1999 (the "Bonds") to finance additional improvements (the "Improvements") to the Water Utility through the issuance by St. Michael of its general obligation water revenue bonds in the principal amount of $5,025,000 (the "St. Michael Bonds"); and C. WHEREAS, in order to induce St. Michael to issue the St. Michael Bonds and provide for the payment thereof, the Board issued the Bonds, consisting of. a $3,015,000 Water Revenue Bond, Series 1999A (the "Series A Bond") delivered to St. Michael, a $1,658,250 Water Revenue Bond, Series 1999B (the "Series B Bond") delivered to Albertville, and a $351,750 Water Revenue Bond, Series 1999C (the "Series C Bond") delivered to Hanover, all pursuant to MiruJesota Statutes, Section 471.59, Subdivision 11; the Bonds are payable solely from the net revenues of the Water Utility; and D. WHEREAS, in turn, Albertville issued and delivered to St. Michael a general obligation water revenue bond, payable primarily from debt service payments made under the Series B Bond, to finance its share of the Improvements (the "Albertville Bond") and Hanover issued and delivered to St. Michael a general obligation water revenue bond, payable primarily . Res - JPWB 2005 Amends 99 red 1 • from debt service payments made under the Series C Bond, to finance its share of the Improvements (the "Hanover Bond"); and E. WHEREAS, the Board is considering refunding the St. Michael Bonds, and consequently, the Bonds, as well as financing certain improvements to the Water Utility and hereby determines that the Bond Resolution must be amended to change the covenants relating to Additional Parity Bonds (as defined in the Bond Resolution); and F. WHEREAS, in order to amend the Bond Resolution, it is necessary to obtain the consents of the Participating Cities, as required by paragraph 27 of the Bond Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of the Joint Powers Water Board of Albertville, Hanover and St. Michael, Hennepin and Wright Counties, Minnesota, as follows: 1. Paragraph 20 of the Bond Resolution is amended to read as follows: Additional Parit~Bonds. The Bonds issued hereunder shall be secured by a charge and lien upon the net revenues of the Water Utility. No additional obligations shall be hereafter issued unless they are secured by a lien on said net revenues which is expressly made second and subordinate to the lien upon the net revenues securing the Parity Bonds; provided however, that additional obligations maybe issued on a parity of lien with outstanding Parity Bonds, if the annual net revenues of the Water Utility for the completed fiscal or calendar year immediately preceding the issuance of such additional obligations shall have been at least (a) 110% of the average annual principal and interest (after taking into account any mandatory redemption schedule and the Escrowed Proceeds and any other similar escrow funds) to become due on the Prior Bond and all outstanding Parity Bonds, including the proposed additional Parity Bonds, on or before the longest maturity of any of the Prior Bond and the then outstanding Parity Bonds; and (b) equal to the maximum annual principal and interest coming due thereafter on all outstanding obligations payable from the revenues of the Fund, including any subordinate lien obligations and the additional obligations so to be issued; and provided also, that the interest to become due on any such additional Parity Bonds shall commence on 3a~E 1. of the year in which such interest first becomes payable and shall be payable semiannually thereafter on ~y ar 1 and 3~A~ 11 of each year and the principal to become due on such additional Parity Bonds shall be payable on 3artu~a~y~ 1 of each year in which any such principal becomes due. '~' For purposes of determining the net revenues of the Water Utility for each of the preceding calendar or fiscal years as aforesaid, the amount of the gross revenues of the Water Utility for such years may be adjusted by a Consulting Engineer or by the independent certified public accountant who prepared the last audit report covering the operations of the Water Utility so as to reflect any changes in the amount of such revenues which would have resulted if any revision of the schedule of rates and charges imposed at least three months prior to the time of issuance of any additional bonds had been in effect. The term "Consulting Engineer" means an engineer or firm of engineers who is not an officer or regular employee of the Board and is not devoting substantially all of his, hers or its time and effort to the affairs of the Water Utility. • Res -1PWB 2005 Amends 99 red 1 2 ' V • Series 2005A (the " 2005A Parity Bonds"1 which are issued to refund the outstanding Bo~n_ds and for which funds in the Reserve Account (and currently held by St. Michael) will be transferred and allocated to the Reserve Account for the benefit of the 2005A Paritv Bonds on February 1 2009 no additional Paritv Bonds maybe issued uursuant to this parag~nh 20 unless the amounts in the Reserve Account are increased to an amount equal to 10% of the g in~croal amount of the onds to be issued (eject to anv reduction caused by anv arbitraee restrictions) and the conditions_~nd requirements of the resolutions authorizing all respective Paritv_ Bonds are complied with and fully performed. ~ 2. Except as hereby amended, all other terms and conditions of the Bond Resolution shall remain in full force and effect. 3. Consents of the Participating Cities, in the form attached hereto, shall be submitted to the Participating Cities for consent and are made a part of this resolution. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. • Res - JPWS 2005 Amends 99 red 1 EXTRACT OF MINUTES OF A MEETING OF THE • CITY COUNCIL OF THE CITY OF ST. MICHAEL, MINNESOTA HELD: Apri126, 2005 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of St. Michael, Wright County, Miruiesota, was duly called and held at the City Hall on Apri126, 2005, at o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR THE REDEMPTION OF THE OUTSTANDING GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1.999 A. WHEREAS, the City of St. Michael, Minnesota (the "City"), by resolution of the City Council adopted on November 9, 1999 (the "Resolution") authorized the issuance of $5,025,000 original principal amount of General Obligation Water Revenue Bonds, Series 1999, dated December 1, 1999 (the "Bonds"); and B. WHEREAS, $3,870,000 of the principal amount of the Bonds maturing on and after February 1, ZO10, is subject to redemption and prepayment at the option of the City on February 1, 2009 (the "Refunded Bonds"), and any date thereafter at par and accrued interest, as provided in the Resolution; and C. WHEREAS, the City Council deems it desirable and in the best interests of the City to call the Refunded Bonds in accordance with the Resolution; and D. WHEREAS, the Joint Powers Water Board of Albertville, Hanover and St. Michael, Minnesota (the "Board"), is issuing its $8,430,000 Water Revenue and Crossover Refunding Bonds, Series 2005A, dated April 1, 2005 (the "Board Refunding Bonds"), in part, to provide funds to refund the Refunded Bonds; and E. WHEREAS, in order to induce the City to issue the Prior Bonds, the Board, by resolution adopted on November 8, .1999 (the "Prior Board Resolution") issued $5,025,000 original principal amount of Water Revenue Bonds, Series 1999, dated December 1, 1999 (the "Board Bonds"), consisting of: (i) a $3,015,000 Water Revenue Bond, Series 1999A, delivered to the City; (ii) a $1,658,250 Water Revenue Bond, Series 1999B, delivered to the City of Albertville, Minnesota ("Albertville"); and (iii) a $351.,750 Water Revenue Bond, Series 1999C, delivered to the City of Hanover, Minnesota ("Hanover"); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Michael, Minnesota, as follows: • • • 1. Refunded Bonds to be Redeemed. The Refunded Bonds shall be redeemed and prepaid pursuant to the provisions of the Escrow Agreement, dated April 1, 2005, to be entered into between the Board and Northland Trust Services, Inc., in Minneapolis, Minnesota, as Escrow Agent, 2. Reserve Account Released. As security for the Board Bonds, the City is holding money in the General Obligation Water Revenue Bonds, Series 1999 Fund and on February 1, 2009, any money held in said fund as "Reserve Account" moneys shall be transferred by the City to the Board, which "Reserve Account" moneys will be held as security for the Board Refunding Bonds. The motion for the adoption of the foregoing resolution was duly seconded by member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 1747678v1 • STATE OF MINNESOTA COtJNTY OF WRIGHT CITY OF ST. MICHAEL I, the undersigned, being the duly qualified and acting City Administrator of the City of St. Michael, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of the City Council held on the date therein indicated, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to calling for redemption of outstanding General Obligation Water Revenue Bonds, Series 1999. WITNESS my hand as City Administrator on Apri126, 2005. City Administrator • • 1747678v1 Bonestroo Rosene Anderiiic & Associates Engineers & ArchFtects Apr•it 14, 2005 Members of the Council Mr. Larry Kruse, City Administrator City of Albertville 5975 Main Avenue NE~ P.O. Box 9 Albertville, MN 55301 Re: Albertville City Hall Our File No. lOZ8-OS-100 Site Plan modifications and Water Retention Pands Dear Gentlemen: We recently received the completed survey of the City Hall site and have since made comparisons to the aerial photo used for planning in early schematic design. This revealed some significant differences. The new survey indicated the aerial photo "stretched" the property in the north-south direction approximately 15 feet and the location of the existing city hall building is located about 9 feet further south than what was determined from the photo, (The width of the site in the east-west direction was the same on both the photo and the survey). With the determination that the site is not as long in the north-south direction as originally determined and that following the Council's directive we are retaining the existing city hall building, we have proposed some corrective adjustments that preclude the loss of important parking stalls in the approved site plan. Both the new building and the parking will shift to the south, placing the building on the south property line.. This should not be a problem since B4 zoning rules for• the property allow for a zero setback where adjacent property is not zoned residential. Further steps to preserve parking require the landscape retaining wall on the south side of~the existing city hall be removed and replaced by a narrower 5-foot walk. The walk will fit between the parking curb and the south face of the existing building. With the removal of the landscaping, the exposed building foundation at that location wall will require a new exterior finish applied. As recommended by the Council, we have also conducted a study to determine the value of•adding parking to the adjacent south triangular parcel and create a shared parking lot with across-easement agreement with that owner. The fragment parcel, with its triangular geometry, small size, and parking setbacks, wilt only accommodate a maximum of (3) parking stalls in a rather peculiar configuration.. In order to create a mare conventional configuration with an access drive aisle the city hall building must be moved north 15 Feet. Moving the building north creates only (4) parking stalls on this south lot and causes a loss of 12 parking spaces on the north side of the building yielding a net loss of(8) parking stalls. I therefore do not recommend the cross easement agreement or adding parking at this side of the building. It appears that if the owner of the south lot were constrained to use only that portion of land that is theirs, the property would be of little value for its current or any subsequent use. It would also be very expensive for that owner if the City, in attempts to preserve the image of the new building, were to enforce a clean up and require the parking to be paved and curbed. • With the new information froth the survey and the need to find a Location for the water retention requirements, reconsideration of the purchase of the south parcel now makes sense for two r•easans. )~irst, with the City Hall building located along the south property line it will be extremely important for the City to prohibit any building on that adjacent property. Building anything on the south parcel would be incongruent and potentially block window openings along that side, Secondly, per the Albertville ordinances and the Minnesota Pollution Control Agency requirements, the required pond size for the City Hall site at Normal Water Level is 60' x 60' or• 3,600 square feet with 4:1 side slopes. The survey has revealed that due to the topography, ponding will be required at the north and the south ends of the site. ror this reason, the south lot size and location would be invaluable for some of the storm water retention requirements.. Together with the open space west of the new city hall and the spaces flanking the existing building, we will have enough area to meet all water retention requirements.. A bonus would be that the ponds would be developed as very handsome rainwater gardens adding aesthetic value to the site If the Council accepts the alternative location of the City Hali and parking and desires to protect the visual identity of the new building, I recommend the City engage in negotiations and take all steps necessary for the purchase of the south parcel. As an alternative, if'the City does not want to obtain the south parcel I recommend steps be taken to restrict the property use to that which would be consistent with preserving the new building image and demolish the existing City Hall building following construction of the new. This would provide the needed space for' water retention and increase the number of parking stalls on the Site. Sincerely, BONESTROO, ROSENfi, ANDERLIK & ASSOCIATES, INC. Mark C. I'orbes, AiA Cc: JJM, ML-.L • Page 2 r-~ Wright Counfiy Sheriff's Office Sheriff Gary L. Miller Don Lindell Dispatch 763-682-1162 Chief Deputy 10 2nd St. NW Room 170 Records 763-682-7622 Dave Miller Buffalo, MN 55313 Civil 763-682-7646 Captain of Operations Warrants 763-682-7688 Investigations 763-682-7637 Gary Tbrfin 1-800-362-3667 Jail Admin. 763-682-7662 Captain Jail Administrator Fax: 763-682-7610 Victim Assistant 763-684453? April 11, 2005 Dear City Administrator/City Clerk, Enclosed you will find the Wright County Sheriff's Office Calls for Service (CFS) report for law enforcement activity and also a report of crimes in your city for March 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, ~. Gary L. Miller . MEF264 • r City of Albertville - March 2005 . • R Sheriff Gary L. Miller Number of Calls Type of Call 7 911 Hang Up 14 Alarm 1 Check Welfare 1 Citizen Aid 3 Civil Complaint 1 Dead Person 7 Disturb Public Peace 1 Dog Bite g Dog Complaint 10 Domestic 3 Equipment Violation 4 Expired Registration 1 Fail to Stop for School Bus 1 Funeral Escort 5 Harassment 2 Hit 8~ Run Accident 1 Improper Registration 1 Inattentive Driving 2 Injury MV/MV Accident 5 Juvenile Complaint 1 Juvenile Placement 1 Larceny/Theft [Pending] 4 Liquor Violation • Monday, April 11, 2005 Page 1 of 3 Number of Calls Type of Call g R Lost Animal • 2 Lost Property 10 Medical 5 Misc Information 1 Missing Person 1 Motorist Aid 4 MV Accident (Non-Reportable) 1 MV/Fixed Object Accident g MV/MV Accident 1 No D.L. in Possession g No Insurance 1 No MN D.L. 1 Parking Facing Traffic 1 Prowler • 1 Right of Way Violation 16 Seasonal Parking Violation (Snowbird) 2 Sex Offense 1 Snowmobile Complaint 11 Speed 1 Stop Arm Violation g Stop Sign Violation 2 Suspicious Circumstance g Suspicious Person 7 Suspicious Vehicle 12 Towed Vehicle 12 Traffic/Parking • Monday, April 11, 2005 Page 2 of 3 Number of Calls Type of Call ~ Unfounded Theft ~, ~ Vehicle in Ditch 2 Violation of Court Order 4 Warrant Arrest (Wright County) 208 Total u • Monday, April 11, 2005 Page 3 of 3 ,:r City of Albertville -March .2005 ~ Sheriff Cary L. Miller Number of Crimes Part I or II Crime 1 Burglary 6, Larceny 1 Other Assaults 2 Forgery/Counterfeit 3 Fraud/Theft by Check 3 Crim. Damage Property 4 Narcotics 8 DUI 7 Other 35 Total • Monday, April 11, 2005 Page 1 of 1 • lb~rty~ ~ • :~.x~~~~ur.. ALBERTVILLE CITY COUNCIL AGENDA Apri118, 2005 7:00 PM 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER -ROLL CALL -ADOPT AGENDA 3. MINUTES a. April 4, 2005 City Council Minutes (pgs. 3-11) b. April 5, 2005 City Council Workshop Minutes (pgs. 13-17) 4. CITIZEN FORUM - (10 Minute Limit) 5. CONSENT AGENDA a. Approve payment of claims check numbers 021279-021329 (pgs. 19-25) • b. Liquor License Renewals 1). 3.2 Malt On Sale Liquor Licenses a). Hong Thai b). Rosetti's Pizza & Pasta 6. ACTION ON PULLED CONSENT ITEMS 7. CITY HALL AMENDED CONTRACT - BONESTROO (pg. 27) 8. DEPARTMENT BUSINESS a. Wastewater Treatment Plant 1. Bid Results (pg. 29) b. Building Department 2. Monthly Report (pgs. 31-33) c. Planning 1. None d. Engineering 1. None • e. Legal • 1. First Amendment to the Master Planned Unit Development/Conditional Use Agreement for the Shoppes at Towne Lakes One (pgs. 35-37) f. Finance 1. None g. Administration 1. Newsletter Articles 9. OTHER BUSINESS, MINUTES AND MATERIALS a. City Hall Site Layout Information (pgs. 39-41) b. Joint STMA Board Agenda (pg. 43) c. Joint Powers Water Board March 28, 2005 Minutes (pgs. 45-46) d. Updated April -May 2005 Calendar ofEvents/Meetings (pg. 47) 10. CORRESPONDENCE a. None 11. ADJOURNMENT • 2 ~~~~~ lb~rtvi ~ • Sand Taunt tlrinp. !IS C1Ey UI4. City of Albertville City Council Minutes Apri14, 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, Assistant City Engineer Bob Moberg, 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 amended. Motion carried unanimously. S.e. The dollar amount should be $19,096.99 S.g. Approve the Application to MN Lawful Gambling Exempt Permit to Conduct Bingo, . Raffles, Paddlewheels, Pull-tabs, and Tip-boards for the Parish Festival at St. Albert Catholic Church/Parish -Exemption No. X-00752 for July 17, 2005 MINUTES MOTION BY Council member Berning, seconded by Council member Klecker to approve the March 21, 2005 regular City Council minutes as presented. Motion carried unanimously. CITIZEN FORUM Mayor Peterson asked if there was anyone in the audience to discuss items that are not on the agenda. No one was present to speak before the Council. CONSENT AGENDA MOTION BY Council member Vetsch, seconded by Council member Fay to approve the consent agenda pulling check numbers 21221, 21227, 21241, 21244 and items e., f. and j. Motion carried unanimously. a. Approve payment of claims check numbers 021216-021246 (pgs. 15-18) b. Liquor License Renewals 1). Off Sale Liquor Licenses a). Holm Holdings Inc. (152 Club) • 2). On Sale Liquor Licenses a). Holm Holdings Inc. (1'52 Club) 3 b). Spectators Grille & Bar/Albertville Inc. • 3). Special Sunday On Sale Liquor License a). Holm Holdings Inc. (152 Club) b). Spectators Grille & Bar/Albertville Inc. 4). On Sale Wine License a). Hong Thai Inc. b). Rosetti's Pizza & Pasta Inc. c). Approve Bonestroo proceeding to have Braun Intertec do soil Borings and Geotechnical Report for the City Hall Site at a cost not to exceed $3,287 d). Approve Bonestroo completing a topographic and boundary survey for City Hall at a cost not to exceed $4,645 e). Application for Payment No. 4 for 2004 School Pedestrian and Bike Path payable to Buffalo Bituminous, Inc. in the amount of $12,096.99 (pg. 19) f). Application for Payment No. 3 (FINAL) for 2003 CSAH 37 and 60th Street payable to Kuechle Underground, Inc. in the amount of $3,366.05 (pg. 21) g). Approve the Application to MN Lawful Gambling Exempt Permit to Conduct Bingo, Raffles, Paddlewheels, Pull-tabs, and Tipboards for the Parish Festival at St. Albert Catholic Church Exemption No. X-00752 for July 17, 2005 h). Approve an application fora 3.2 Malt Liquor License for the Albertville Lions on Saturday, April 9th at the St. Albert Parish Center to raise funds for Community - Albertville Fire Hall i). Schedule a Special City Council Meeting for Tuesday, April 5th at 6:00 p.m. to discuss the City Hall Project • j). Approve the Plans and Specifications for the CSAH 37 Trail and authorize bidding ACTION ON PULLED CONSENT ITEMS Check number 21221 -Council asked what the service was for, they had the understanding that City offices were not charged for cable. City Administrator explained the City is not charged for cable service, but we would be charged for installation for Internet service. Check number 21227 -Council questioned what the advertising was for. Finance Director Lannes stated it was the Fire Department advertising to check your smoke detector and check your heating -furnace. Check number 21241 -Council wanted to be careful with the distribution of gift certificates, as the Auditor's have addressed these in the past. Check number 21244 -Council questioned the distribution of the refund. Finance Director Lannes explained this was the Building Permit the Council approved refunding at the March 21St meeting. The refund is broken out for various charges such as: plumbing, mechanical, fireplace, etc. • 4 • MOTION BY Council member Berning, seconded by Council member Klecker to approve pulled Consent Items a. check numbers 21221, 21227, 21241, and 21244. Motion carried unanimously. 5. e. Application for Payment No. 4 for 2004 School Pedestrian and Bike Path .. . Council asked for additional information for the Pay Request. Assistant City Engineer Moberg stated the initial contract was $339,332.70, we have since approved three (3) change orders in the amount of $14,229. The total amount earned less the 5% Retainage is $285,078.78. Previous payments approved and paid total $265,981.79. 5. f. Application for Payment No. 3 (FINAL) for 2003 CSAH 37 and 60~' Street.. . Council questioned what services the Pay Request was for. Assistant City Engineer Moberg explained that it was for improvements on 60~' Street. Basically for turf restoration, paving, signage, pavement markings. There were a couple of turf restorations, which needed to be completed. The sewer under 60~" Street near DJ's Hardware needed work. MOTION BY Council member Berning, seconded by Council member Fay to approve pulled Consent Items a. check numbers 21221, 21227, 21241, 21244, S.e. and S.f. Motion carried unanimously. 5. j. Approve the Plans and Specifications for the CSAH 37 Trail .. . Council thought they had approved the Plans and Specs at the March 21, 2005 meeting. Staff informed the Council the discussion was to hold a neighborhood meeting on Thursday, March 24. Staff was to bring the results back to Council. Since there was no one in attendance regarding the trail, they are asking for Council's direction to approve the Plans and Specs, then authorize going out for bid. MOTION BY Council member Berning, seconded by Mayor Peterson to approve pulled Consent Item 5. j. Motion carried unanimously. KDV 2004 ANNUAL AUDIT REVIEW Jennifer Thienes with KDV was present to review the 2004 Audit with the Council and staff. Ms. Thienes pointed out the reports appear in a different format due to the reporting standards set by the State. The formats of the reports are comparable to corporate reports. Ms. Thienes addressed one area that required additional information, which was the historical land value. With the new reporting standards of GASB 34, City's are required to report their assets along with other areas; therefore, infrastructure is a new area to review. Ms. Thienes commented that the middle portions of the report are the notes pertaining to all of the reports, and then following are the details of the notes. Ms. Thieves brought to the Council's attention the charts within the report. She demonstrated the • multiple ways to look at the City's assets, revenues, expenditures, and capital improvements. 5 Ms. Thienes cautioned the Council when reviewing some of the reports should the Council want to • compare Albertville's to another neighboring City. For example the Public Works area may look low when compared to another City because Albertville may not deal with as many County Roads or maybe Albertville's will look high for some other reason. Ms. Thienes reminded the Council that a number of the Funds were closed out in 2004. The Council maybe concerned with the numbers, but they should take care of the deficits of the 400 Funds. MOTION BY Council member Vetsch, seconded by Council member Fay to adopt the 2004 Audit. Motion carried unanimously. DEPARTMENT BUSINESS PUBLIC WORKS Public Works Supervisor Guimont informed the Council the PW Department would begin crack filling soon. They will be setting up some demo tar kettles from various businesses for future purchase. PW Supr. Guimont was looking for Council direction or Council approval to purchase six (6) rubber coated perforated steel picnic tables to replace various wooden tables. MOTION BY Council member Berning, seconded by Council member Fay to approve the purchase of six (6) rubber coated perforated steel picnic tables at a cost of $3,431. Motion carried unanimously. WWTP -METER RADIO READERS WASTEWATER WRITTEN REPORT Wastewater Treatment Plant Superintendent Middendorf shared with the Council that he was in an automobile accident. Repairs are being done and should be completed by Apri14`~ or soon thereafter. WWTP Supt. Middendorf looked for Council approval or direction to remove the sludge at the WWTP. Kenny Fehn allowed us to haul it onto his open field. I have contacted him and was informed he is planning to plant alfalfa and does not care to have the field torn up. WWTP Supt. Middendorf recommendation is to contact Fergus Power Pump to do the work. WWTP Supt. Middendorf was pleased with the work they had done in the past. MOTION BY Mayor Peterson, seconded by Council member Fay to approve WWTP Superintendent Middendorf to hire Fergus Power Pump for sludge removal not to exceed $3,000. Motion carried unanimously. SEWER BACKUP POLICY WWTP Supt. Middendorf brought to the Council's attention a recent sewer backup on Main Avenue. The homeowner did not have sewer backup insurance. WWTP Supt. Middendorf recommended adopting the Sewer Backup Policy to address future backups. • 6 • Assistant City Engineer Moberg recommended editing Item 5. Television inspection -any lines that area located on a street where a street maintenance project is planned may be inspected prior to those projects. The City mill ~ also use the camera to inspect any sewer lines in a new development before the City accepts those lines as City lines. Camera inspection mill ~ also be available to inspect lines where there aze possible problems. MOTION BY Council member Berning, seconded by Council member Fay to approve amending the Sewer Backup Policy. Motion carried unanimously. PLANNING AND ZONING OLD CASTLE GLASS BUILDING EXPANSION City Planner Brixius reported that Old Castle Glass is proposing to expand their industrial facility located at 5334 Barthel Industrial Drive within the City of Albertville. To accommodate the building expansion, Old Castle Glass is requesting approval of site and building plans along with variances from the City's zoning standazds. City Planner Brixius stated that the existing building is 75,433 squaze feet in size. The applicant is proposing a building extension to 29,823 squaze feet, resulting in a total building azea of 105,246 squaze feet. City Planner Brixius addressed the surrounding land uses adjoining the Old Castle Glass site as • follows: to the north of the site is warehouse which is zoned I-1, to the east of the site is industrial which is zoned I-l, to the south of the site is industrial which is zoned I-1, to the west of the site is residential which is zoned R-8 and R-l. City Planner Brixius informed the Council that Assistant City Engineer Moberg received updated plans today and did not have the opportunity to review them prior to the Council meeting. Being informed of this I would amend the Findings of Facts noting approval is based on S.E.H. Engineer's review. City Planner Brixius addressed the 26 items under Site and Building Plan. Items 1 through 11 are planning related issues. Items 12 through 26 are engineering related issues. Council made sure the applicant was awaze of the noise issue. Council has previously heard of the noise comments when the doors in the front are left open it can be heard by the neighboring residents. Council also made sure the applicant understood the lighting restrictions. City Planner Brixius informed the Council that the partial vacation of the utility easement would require a Public Hearing. MOTION BY Mayor Peterson, seconded by Council member Berning to approve the amended Findings of Facts for the Old Castle Glass Building Expansion. Motion carried unanimously. • ENGINEERING 7 ENGINEERING MONTHLY REPORT • Assistant City Engineer Moberg touched on a few items in the monthly report. First was the 50`x' Street Pedestrian Trail. Assistant City Engineer Moberg stated in lieu of liquidated damages, the contractor has proposed to install one inch of additional blacktop on Albertville's section of the trail. Council wanted to know why, if this was a 50/50 shared project with St. Michael, our section of the trail was only 2 inches and St. Michael's was 3 inches. The same contractor was installing the trail, why would there be a difference. Assistant City Engineer Moberg informed the Council that St. Michael has different standards. Second item reviewed was the 2003 CSAH 19 Upgrade. Assistant City Engineer Moberg informed the Council that the contractor is working on a proposed solution for the seal coat failure. Once received, the staff will review it with the County prior to approval. Council directed staff to look up and down CSAH 19 for other items for the punch-list for the contractor. LEGAL SHOPPE AT TOWNE LAKES RESTAURANT AGREEMENT City Attorney Couri informed the Council there was some miscommunication. Dan Tempel thought we were going to present an Agreement. City Attorney Couri contacted Mr. Tempel stating • the City was waiting for additional information from them. FINANCE WRITTEN REPORT Finance Director Lannes reported total accounts receivable billed through March 26, 2005 since the City of Albertville has set up the billing/invoicing system software is $1,523,827.67. Of that amount, staff has collected $599,606.39 as of March 26, 2005. The remaining amount outstanding is $924,221.28. Finance Director Lannes updated the Council on utility bills. In the past the delinquent water bills were certified to property taxes. Finance Director Lannes would like to be proactive in collecting them instead of certifying. Finance Director Lannes explained on March 7, 2005 staff sent out 121 disconnection notices fro non-payment on accounts to be paid in full by March 28~'. Of the 121 only 24 accounts have not paid of which 10 accounts are working with the City by setting up a payment plan. Finance Director Lannes stated as of Apri14~' we are down to 2 accounts, which are vacant residence. Council asked if any of the outstanding accounts were Commercial accounts. Finance Director Lannes stated there were a few Commercial accounts, which came in and paid. 8 • ADMINISTRATION APPOINTMENT OF CITY ENGINEER City Administrator Kruse looked to the Council for appointment of City Engineer. MOTION BY Mayor Peterson, seconded by Council member Berning to approve Bolton Menke as the Albertville City Engineer. Peterson, Berning, Klecker, and Fay voted aye. Vetsch opposed. Motion carved. REQUEST FOR PROPOSAL TO PREPARE A FEASIBILITY STUDY TO EXTEND LACHMAN FROM 57TH STREET TO 60"' STREET MOTION BY Council member Klecker, seconded by Mayor Peterson to approve the Request for Proposal to prepare a feasibility study to extend Lachman from 57th Street to 60th Street, and work with staff and bring back to Council at a future meeting. Motion carried unanimously. REQUEST FOR PROPOSAL TO UPDATE THE FEASIBILITY STUDY TO EXTEND 52ND STREET TO MARLOWE AVENUE MOTION BY Council member Klecker, seconded by Council member Fay to approve the Request for Proposal to update the feasibility study to extend 52"d Street to Marlowe Avenue. Motion carried unanimously. REQUEST FOR PROPOSAL TO PREPARE PLANS AND SPECIFICATIONS FOR EXTENSION OF THE TRUNK WATER LINE UNDER MUD LAKE TO SERVE HUNTERS PASS MOTION BY Council member Berning, seconded by Mayor Peterson to approve the Request for Proposal to prepare plans and specifications for extension of the Trunk Water Line under Mud Lake to serve Hunters Pass. Council to take action on, once an Engineering Firm is contracted and decided. Motion carried unanimously. REQUEST FOR PROPOSAL TO PREPARE PLANS AND SPECIFICATIONS FOR DESIGN OF A LIFT STATION TO SERVE HUNTERS PASS MOTION BY Mayor Peterson, seconded by Council member Klecker to approve the Request for Proposal to prepare plans and specifications for design of a Lift Station to serve Hunters Pass. Motion carried unanimously. REQUEST FOR PROPOSAL TO PREPARE A FEASIBILITY REPORT, PLANS AND SPECIFICATIONS TO IMPROVE 70T" STREET FROM CSAH 19 TO MACIVER TO A 9-TON RURAL SECTION STREET Council tabled until the next meeting. • 9 REQUEST FOR PROPOSAL TO PREPARE A FEASIBILITY REPORT TO SERVE THE NEIGHBORHOOD • EAST AND NORTH OF THE PUBLIC WORKS FACILITY WITH WATER AND SEWER, AND TO IMPROVE MACIVER TO A 10 TON STANDARD IN PREPARATION FOR A COUNTY BUILDING MOTION BY Mayor Peterson, seconded by Council member Klecker to approve the Request for Proposal to prepare a feasibility report to serve the neighborhood east and north of the Public Works Facility with Water and Sewer, and to improve MacIver to a 10 ton Standard in preparation for a County Building. Motion carried unanimously. REQUEST FOR PROPOSAL TO PREPARE PLANS AND SPECIFICATIONS TO INSTALL TURN LANES AND CENTER MEDIAN ON CASH 19 FROM ALBERTVILLE PREMIUM OUTLETS NORTH TO 70TH STREET, INCLUDING EXTENSION OF THE EDA MAIN TO 68TH STREET. FURTHER, TO IDENTIFY HOW TO SERVE PROPERTIES BY OTSEGO TOOL WITH SEWER MOTION BY Mayor Peterson, seconded by Council member Berning to approve the Request for Proposal to prepare Plans and Specifications to install turn lanes and center median on CASH 19 from Albertville Premium Outlets north to 70a' Street, including extension of the EDA main to 68a' Street. Further, to identify how to serve properties by Otsego Tool with sewer. Mayor Peterson, and Council members Vetsch, Berning, and Klecker voted aye. Council member Fay abstained. Motion carried. REQUEST FOR PROPOSALS FOR 2005 SEAL COATING MOTION BY Mayor Peterson, seconded by Council member Berning to approve the Request for Proposals for 2005 Seal Coating. Motion carried unanimously. REQUEST FOR PROPOSALS FOR 2005 OVERLAYING MOTION BY Mayor Peterson, seconded by Council member Berning to approve the Request for Proposals for 2005 Overlaying. Motion carried unanimously. REQUEST FOR PROPOSALS FOR DESIGN OF WINTER PARK PARKING LOTS, BALL FIELDS SOCCER FIELD AND TRAILS Council tabled. AUTHORIZATION TO GET QUOTES ON A NEW PICKUP FOR THE STREET AND PARKS DEPARTMENT No action was taken at this time. • 10 • OTHER BUSINESS. MINUTES AND MATERIALS LOCAL BOARD OF APPEAL AND EQUALIZATION HANDBOOK (ADDENDUM) Council tentatively set a date for a Joint Workshop with the City of Otsego for Apri127`1i at 7:00 p.m. to discuss 70~' Street at the Albertville Council Chambers. ADJOURNMENT MOTION BY Council member Fay, seconded by Council member Klecker to adjourn at 9:13 p.m. Motion carried unanimously. u • 11 Bonestroo Rosene Anderlik & 1~~ Associates Engineers & Architects WORKSHOP MEETING MINUTES Albertville City Hall Albertville, MN File No. 102&05-100 Apri15, 2005 6:00 PM • C7 ATTENDEES Don Peterson Tom Fay Ron Klecker LeRoy Berning John Vetsch Larry Kruse Mark Forbes Michelle Lease Mayor Council Member Council Member Council Member Council Member City Administrator Bonestroo Rosene Anderlik & Associates Bonestroo Rosene Anderlik & Associates Mark began by reviewing a packet of information with the City Council that included building elevations, floor plans, and a site plan for a one and two-story building with a basement. 1. Materials: Mark stated that the design reflects a variety of materials all of which are no maintenance. Materials include brick, architectural precast concrete and prefinished metal panels. The mix of materials is important for the aesthetic of the building, giving it a significant/prominent appearance from all four sides. 2. 3D Site Plan: Mark referred to the site plan and the circular drop-off area that has been designed. In addition, Mark noted that proposed sky lights above the lobby would bring natural light into the building. The site plan also shows a trash enclosure situated off of the circular drop off area for ease of movement for larger refuse trucks. The Council liked the circular drop off area. 3. Building Size: Mark indicated that the schematic sketches are still rough. Exact building square footage and room dimensions will be refined along with the development of the schematic drawings. The rough building square footage is 2,000 sq. ft. for the basement, 11,800 sq. ft. for the first floor and 2,800 sq. ft. for the second floor. 13 4. Council Feedback on Elevations and building_Materials: ^ Mayor Peterson said that it is important that all four sides of the building are • attractive. He would also like to see the clock on the east and north sides of the building. Council Member Berning questioned the longevity of the metal panels and was concerned that they would age and become ratty and faded. Mark stated that the panels are substantial and have a plastic core sandwiched between two layers of aluminum. The panels are '/-inch thick, very durable, and a 20-year warranty maybe obtained. The name of the proposed product is "Alucabond" and it is used frequently on higher end buildings. ^ Council Member Klecker wanted to verify that the architectural precast concrete was available in a range of colors and cost less than brick. Mark confirmed that the Council will select the precast color and that the cost per square foot was less than brick. ^ Council Member Vetsch would like to see different colors of masonry on the building. He was not interested in the metal panels and wanted a more durable product. Mark agreed to provide samples of the metal panels as well as the precast and brick and also provide a listing of local buildings to which the metal panels have been installed. ^ Council Member Berning wanted to see a little less metal panel and more precast and brick. Mark agreed to reduce the amount of metal panels as the schematic design is refined. ^ Council Member Klecker likes the skylight but was concerned that the panels may be a maintenance problem for the City. Mark explained the type of skylight used in Delano ("Kalwell") which is a translucent, thermally resistant, double insulated panel. The alternative is "vision glass" which Mark is not recommending. It is more expensive, transparent (which will result in more maintenance), more expensive and less thermally resistant. The Council elected to include the skylight. Mark will include the skylight as an alternate. 5. Staircase: Council Member Berning suggested that the east stair be open to the lobby at the first floor to enlarge the feel of the space. Mark agreed to look at this option for the staircase. 6. Clock: The Council Members decided to include the clocks as an alternate on the north and east sides of the building. 7. Size of Lobby off of Council Chambers: Council Member Berning discussed making the lobby area smaller and the Council Chambers larger. Mark and Administrator Kruse discussed the importance of maintaining the size of the lobby for when larger group are entering and exiting the Council Chambers. This is a normal design feature in public buildings and the size of the lobby should not be made much smaller. 8. Entry doors to Council Chambers: Council Member Berning suggested that the entrance to the Council Chambers be moved to the west so that if people were walking into a meeting • 14 • late would not disrupt the meeting. Mark will look at moving the door further from the dais as the floor plan is refined. This may involve moving the AV room or coat closet. 9. Office off of Council Chambers: There was a discussion on the purpose and the need for this room. After some discussion, it was determined that this room should be kept for the Council to meet with citizens as well as for consultants to step out of a council meeting to privately speak with a resident or developer. This room is used today off of the existing council chambers and the consensus was that it will be needed in the future. 11. Shane of Council Dias and Use of Council Chambers: Council member Berning discussed the shape of the council dais and the need to minimize the amount of space it occupies in the council chambers. He suggested the dais to be a straight desk or with a small L-shape so that when the dais is closed off the remaining space can be maximized. The consensus was to make the dais a shape that allows Council Members to see each other when they are talking. Mark to minimize the amount of space that the dais occupies in the room. The plans will also include a partition door immediately in front of the dais or follow the line of the dais. Mark will work through this detail as schematic plans develop. The City needs to confirm the exact number of people to be seated at the dais and those who can sit at moveable tables alongside the dais. 12. Conference Rooms: Council Member Berning questioned the number of conference rooms, the use of the conference rooms, the location of the conference rooms, and the size of the conference rooms. After some discussion, it was determined that the number of conference rooms would remain the same as shown on the plan and detailed in S.E.H.'s program. As . schematic design proceeds and the plans are refined, Mark will work to maximize the size of the conference rooms without enlarging the building footprint. The City suggested that building storage space at the west end may need to be reduced slightly to accommodate larger conference areas. 13. Council Chambers/Expansion Area Capacity: Council Member Berning wanted assurance that the Chambers and Expansion space had the capacity to accommodate 200 people sitting at tables. Mark assured the Council that he would design the room to accommodate 200 people and will work with Administrator Kruse to make sure that the room works for elections. If desired by the City, Mark can do a sketch of the space for Election Day use. 14. Basement Plan: Mark reviewed his plan for the basement with the City Council. The elevator and east stairs are in fixed locations to work with the second floor plan. The electrical, mechanical and storage spaces can move to reduce the area if desired. The Council approved the addition of a basement at approximately 2,000 square feet and the layout as shown on the plan. The basement will be included in the base building plan if the soils report identifies no problems with the water table. 15.Open Office Area: The Council discussed the open office area, specifically the 4 cubes shown on the plan. Administrator Krause said that he envisions the two cubes facing the lobby to be occupied by current staff and the area of the remaining two cubes to be used as document scanning station. 15 16. Conference Room by the Kitchen: The Council requested a small sink and cabinet added. • Enough space needs to be allowed for a coffee pot as well. This space was identified as future expansion area for the kitchen. 17. Handicap Entrances: Mark explained to the Council that both entrances will be handicap accessible with push button automatic door operators. 18. Moveable Kiosk in Lobby Area: At an earlier meeting the consensus was that the Kiosk was eliminated in lieu of a built-in information display area within the lobby. 19. Vending Machine Location: While not shown on the plans, Mark indicated where he planned to fit vending machines in the lobby or vestibule. Mark will show on schematic plans. 20. Elevator: The Council approved an elevator with three stops (basement, first and second floor) as part of the base project. The estimated cost of the elevator is $55,000. 21. Second Floor Plan: The Council approved the addition of a second story of approximately 2,800 square feet. The Council determined that it would like to have the second floor "shelled out" only. Mark explained that the exterior walls could be dry-walled, but not taped or painted. The elevator stop will be included, along with wire hung temporary light fixtures, minimum mechanical HVAC roughed-in so that the system can be retrofitted in the future. Electrical power will be provided at the perimeter along with conduit for voice and data cabling for the future. The bathrooms will be the only finished space at the second floor. 22. Second Floor Expansion: As part of the base bid, the Council requests provision for . expanding the second floor in the future. The roof of the expansion area will be precast concrete plank as the structure for the future floor. Insulation and membrane roofing will be installed on top. At the time of the addition the roofing would be sacrificed and removed. 2- inch concrete topping would be added to the plank along with the second story walls and a new roof. In addition, a fire egress stair will be required at the west end of the future addition. 23. Rooftop Condensin Unit: Mark explained that the only mechanical equipment scheduled for the roof would be a condensing unit. The unit would be located as close to the center of the roof as possible and will be screened. Roof access will be provided by a man door near the elevator at the second floor. 24. Increase in Building Size and Design Fee: Included in the 3/21/05 meeting minutes, Mark had provided the City with an estimated construction cost of $720,280 to add the basement, the second floor, and an elevator. In a letter to Larry Kruse on 3/29/05 Bonestroo requested additional design fees of $68,200 to cover the extra design costs associated with a larger more complex building. This fee is based on 9.5% of the estimated increase in construction cost. Council Member Berning questioned if Bonestroo's fee would be reduced if the second floor were only shelled out and not finished. Mark explained that most of the costs for design of the additional spaces are related to the more complex structure of a 2-story building, the addition of two stairs, and the 3-stop elevator. Design fees could be reduced slightly if Bonestroo does not design an alternate to finish out the second floor space. The Council requested that Mark revise the construction estimate based on the approved . Basement Floor Plan (item 14) and the approved Second Floor Plan (item 21) above. 16 • Mark is also to revise the associated design fee and submit both for formal consideration at the next City Council Meeting. Mark clarified that the design fee for the additional spaces is a fixed-fee. If construction costs come in higher we will not be asking the City for additional compensation. 25. Site Plan: The Council prefers the site plan with two entry/access drives from Main Avenue. 26. Parcel to the South: Council Member Berning suggested the City work with the property owner to the south to clean up his property and possibly partner in a shared parking lot. Mark explained that currently the gravel parking lot extends about 12 feet on to the City property and about 50 feet on to the R.R. property. To provide enough space for a vehicle access aisle and a reasonable number parking stalls on the small parcel, the new city hall building would need to move north. This is not only because of the small size but the triangular shape of the lot. Moving the building north will likely result in a net loss of parking; losing more parking on the north side to create a few stalls on the south side. Mark will sketch up a plan for the Council to consider. The above represents the authors understanding of items discussed and conclusion made. Please report any discrepancies to the author in a timely manner. Copies: all attendees GFU, MTR, JJM, MTF, JWM, SLA Mike Woehrle - NRA 17 CITY OF ALBERNILLE *Check Detail Register© April 2005 Total SPRINT - IL Paid Chk# 021321 4/18/2005 SPRINT- NC E 101-41940-405 Repair/Maint -Buildings Total SPRINT- NC Paid Chk# 021322 4/18/2005 TINKLENBERG GROUP E 468-49000-300 Professional Srvs (GENERAL) Total TINKLENBERG GROUP Paid Chk# 021323 4/18/2005 TRUEMAN WELTERS E 101-45100-404 Repair/Maint - E 101-45100-404 Repair/Maint- Total TRUEMAN WELTERS Paid Chk# 021324 4/18/2005 VERIZON E 101-42000-321 Telephone Check Amt Invoice Comment $115.54 $1,112.38 F040501237 lines to move Bldg dept to Ch $1,112.38 $6,796.52 1074 funding 194 project $6,796.52 $114.98 1837208 element- air,spark plugs, fuel $70.91 1637208 element- air,spark plugs, fuel $185.89 $27.63 3595708831 FD Cell Phone rescue Total VERIZON $27.63 Paid Chk# 021325 4/18/2005 WASTE MANAGEMENT E 101-41940-384 Refuse/Garbage Disposal $134.83 59302438981 Refuse Waste Hauler E 101-41940-384 Refuse/Garbage Disposal $308.43 59302836091 Refuse Waste Hauler Total WASTE MANAGEMENT $443.26 Paid Chk# 021326 4/18/2005 WATER LABORATORIES INC E 601-49450-218 Testing Expenses $632.70 Testing Expense (CBOD-5) Total WATER LABORATORIES INC $632.70 Paid Chk# 021327 4/18/2005 WRIGHT CTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $23,238.33 patrol-05-4 April 05 sheriff patrol Total WRIGHT CTY SHERIFFS PATROL $23,238.33 Paid Chk# 021328 4/18/2005 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $3,297.00 March 05 Recycling Total WRIGHT RECYCLING $3,297.00 Paid Chk# 021329 4/18/2005 XCEL ENERGY E 101-43160-381 Electric Utilities $22.81 5141659807 5700 Labeaux Ave NE signal E 101-43160-381 Electric Utilities $4,293.26 5169010380 Street Lighting - 58-59-60 St. Total XCEL ENERGY $4,316.07 10100 Premier Bank $291,967.08 04/13/05 ~P e 24 • CITY OF ALBERTVILLE *Check Detail Register© April 2005 • • Fund Summary 101 GENERAL FUND 102 CAPITAL OUTLAY RESERVE 201 PARK DEDICATION 465 2003 CSAH 19 WIDENING 466 PUBLIC WORKS FACILITY 468 CSAH 19 RAMPS 470 CSAH 37 473 PRAIRIE RUN 476 SCHOOL PEDESTRIAN -BIKE TRAIL 491 WWTF Phase 2 601 SEWER FUND 602 WATER FUND Check Amt Invoice Comment 10100 Premier Bank $81,246.20 $47,135.00 $958.50 $416.64 $6,072.88 $17,096.52 $3,283.88 $3,820.66 $1,328.54 $20,964.80 $6,839.26 $102,804.20 $291,967.08 04/13/05 12:37 P Page 25 ~r1~ • ,l~t'1(~'r~~lG ~~~~~ ~ngf~lf~e4~r~ b Ar[Y~tfacta a3as ttlest i~ghway = 5t ~a~~ 5513 C?ftTii se: 651-63b•~t++~ • Fafi` 65~Er3b•1371 wvatw I~QflL~SCTDD cCfrri ter. Larne 1Gcuse, G~ty Aclcninstcatar 'C of AltHertvillc 5975 Mein ~+wenue P'..t~. Barx ~ ~tbettvilte~, SS3tll. [~,~; e~l~rtville Citl+ H~tl l~ !f~ ~ ~-additionral Fees ~: This l+ctter +xil! se~'ve as an adder~lucd to +aur 3129,~t15 letter ce~tlestitxg adtlitic~fal f~si~n fces fiat the building si~ae increase alorx~ with tw,~ s°talrw+~lls and ~ ol.ewatvr approved - tl~e City Colsncit ~ tbf~r ~d21/05 mtsetin~ with. ~ Farbes of our afce. At tl~e recent wore rn~ting held ev~enirtg of4151tt5, the Co~ft approved tlrc sizfe o>r'the la~asftcrit at appfroxmatel~ 2,90 square J aed the seaonnd ~r at ~roxittaately ~.g0~i square fry, The council • also deterrir~ined shell odut neart~r all the se+cand fkaQr ~2,115~q squire fex#) ss unfinished ,space, '! restms will be tl~e arty fin~had spare as the sf~cor~d fl~r. "X"he ir~rease io buildietg size of appraximat~rly 5,700 sgtlnra feet wilt reautt in a fatal t~ua~tin~ farce o#' ~fpprc~xitnately I7,f~0 ware feetr ~'th the ~ecand 11t~wr ~frgely unfin.iahed, the cast fiat flee: added crrastrl~ti~sn wait€ aedueed by a feeler +~~ the normal ~ fua~ awe build-aut (~SO~s. ft.~ x ~,! fi0 square t'~et car ~10t100. As a resuHt, the cQSt for the added cot~tructton ~ redact ~rorn our eaxler estimate of 570, ~ S8l2,tkl4.: tJsiang our fact+ar of 9.5°;~ of eonscian +eo this ~rc+uld c4aesporuli~sgty redtiree +Dtlf design fee 'Aay ~1C1„~150. ~-c sfre there#'arse, req~sesting by thlS fitter an additicsn~l fete amount of g5g,l~l[t fuc design nxF the +sxcp~atd I~ilding es madifi+~l #.+ thfe +~nutil at their cf~~cnt lTleBtin~.. please sign bclow~r auth~rizir~g this f+~e aKt,~usttnr~cnt we may cornnue e~pcclitra,~ thfe design pa-cac,. Thank you amain fur the ~rp~porttunlty to work wfih you and the ~uneil on this laco~ect.. Sinr~sly, BONEBTRC.If3, RE~l~t I~I~ERLiK 8r ASSC.1Cl,~-T~&.,11I~lC. i3unnar F~ tlrkr, Jr. AIA l3pn ~etierson! l~ayt~ft tyate Cc; l~Cl* Larry iCnzse, City Administtretor l=3ate • Sa neut. 5t clnud. 6tachester, ~t • hl4ilwa~u~ee~ 1VE • ~G~`ti~C~1~, ~~ A-tfse~!#Vr Attia+~/Equal Qpµ~ttl~rM~P 6oyrr gad Employ~i~ ~w^n+4# 27 ~~ SEH BIDS RECEIVED • Project Name: Wastewater Treatment Plant Phase ~ Expansion SEH No. A ALBEV0407.00 Client: City of Albertville Project Manager: Tom Dye Page 4 Bidder's Name Addendum Nos. ~ 00911 ®00912 00913 None Bid Bond ® 5% 10% Total Bid Di-Mar Construction ^ Acknowledged ^ Yes {] No Gridor Constru tion ~ob t~n~ w cknowtedged ^ Yes ^ No t~ b ~ ?~500~,~ Madsen Johnson acknowledged 5~ ^ Yes ^ No ~ ~ J?-1 ~~ Magney Construction ^ Acknowledged ^ Yes ^ No Rice Lake Construction [Acknowledged 5 ^ Yes No 3'~$~/ )~,0~ ^ Acknowledged ^ Yes ^ No ^ Acknowledged ^ Yes ^ No ^ Acknowledged ^ Yes ^ No Acknowledged ^ Yes ^ No ^ Acknowledged ^ Yes ^ No ^ Acknowledged ^ Yes ^ No Engineer's Estimate $4,200,000.00 aa,~~i~ Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity empbyer ~ rvrvwsehiac.com j 651.490.2000 - 600:325.2U55 ~ ¢51.490.2150 fax 29 • MEMORANDUM DATE: Apri14, 2005 TO: Honorable Mayor, City Council, and City Staff FROM: Jon Sutherland, Building Official SUBJECT: March 2005 Monthly Report I am pleased to submit to you this monthly report of the activities of the Building and Zoning Department for March 2005. A Highlight of the month was preparing for the relocation back to City Hall. It will be nice to be back with the team and the consolidation will result in better service to the public. This report is condensed to two pages to conserve paper as requested by the Council. The full detailed back round is available in electronic format or a paper copy will be made available at your request. Residential Construction Activity: 5 new residential units were processed resulting in 15 for the year to date (YTD). 10 various residential project permits were issued resulting in 19 YTD. • Commercial Construction Activity: 7 new commercial projects including Tenant Finish's for Sunglass Hut, BCBG Maxazria, Carhartt, Springmaid, and a new Orthodontics Clinic. In addition, 16 miscellaneous permits were issued for Signs, Plumbing,. and Mechanical work. Total number processed @ 40 for the month with a permit value of $1,633.975 and a year to date value @ $6,236,698. Inspection Activity This and existing work in progress generated approximately 150 related Inspections including Rental Licensing, Complaints and Zoning Enforcement. We also addressed a few resident concerns regarding sump discharge and water in the basement problems as soon as the first frost came out. Attachment JS/tl • 31 Permit .Number Date issued T e of Work Address on Permit Builder/Owner Valuation Fee Paid March 2005 B25-050 3/2/05 SFD 6249 Kahl Ave Al ine $ 180,000 $10,869.64 B25-051 3/2/05 SFD 10408 62nd Street Al ine $ 180,000 $10,869.64 B25-052 3/2/05 Comm New 5075 Jason Ave NE Fendler Construction $ 450,000 $16,008.40 B25-053 3/8/05 Misc. Plb 10739 57th Street Larson Plb $ 25.50 B25-054 3/9/05 Comm Tenant Finish 6415 Labeaux, Ste C035 Sun lass Hut $ 30,150 $ 803.38 B25-055 3/11/05 Comm Plb 11008 61st Ave North Anoka Plb $ 17,000 $ 495.25 B25-056 3/15/05 Finish Basement 5295 Kahl Ave NE Larish $ 5,000 $ 197.20 B25-057 3/16/05 Finish room in Bsmt 10610 51st Street NE Reesman $ 1,000 $ 66.06 B25-058 3/17/05 Finish Basement 10536 64th Wa Jo ce Sa $ 5,000 $ 197.20 B25-059 3/17/05 Finish Basement 5048 Kahl Ave NE Justin Kelle $ 5,000 $ 197.20 B25-060 3/17/05 SFD 6762 Lakewood Drive NE K Hovnanian Homes $ 200,000 $11,133.1 B25-061 3/17/05 Comm Tenant Finish 6415 Labeaux, Ste G070 BCBG Maxazria $ 70,000 $ 1,407.39 B25-062 3/18/05 SFD 10480 62nd Street NE Al ine $ 160,000 $10,661.34 B25-063 3/18/05 SFD 10915 53rd Street NE Al ine $ 180,000 $10,869.64 B25-064 3/18105 FP 6210 Karston Drive NE Fireside $ 2,800 $ 50.50 B25-065 3/18/05 Finish Basement 6210 Karston Drive NE O'Dell $ 5,000 $ 197.20 B25-066 3/21/05 Comm Tenant Finish 6563 Laketowne Place GCI $ 10,000 $ 321.39 B25-067 3/21/05 Water Meter 6563 Laketowne Place GCI $ 340.00 B25-068 3/22/05 Re-roof 5491 Main Ave Euerle $ 2,000 $ 74.75 B25-069 3/24/05 Comm Tenant Finish 6415 Labeaux Ste F030 S rin aide $ 20,000 $ 569.76 B25-070 3/24/05 Comm Tenant Finish 6563 Laketowne Place Carhartt $ 44,671 $1,058.70 B25-071 3/24/05 Si 6563 Laketowne Place Carhartt $ 9,000 $ 296.55 B25-072 3/24/05 S & W 5075 Jason Ave NE Albertville Ortho $ 200.00 B25-073 3/24/05 Finish Basement 10781 58th Street O'Rourke $ 499 $ 41. J 32 ermit umber Date Issued T e of Work Address an Permit Builder/Owner Valuation Fee Paid B25-074 3/28/05 Re-roof 11650 & 11656 54th Street MJW Roofin $ 4,000 $ 105.25 B25-075 3/28/05 Finish Basement 10137 Karston Ave Lauer $ 5,000 $ 197.20 B25-076 3/29/05 Finish Basement 10762 49th Ct Vo'ta $ 5,000 $ 197.20 B25-077 3/29/05 Si 1135 61st Street Sunrise Plb $ 470 $ 41.75 B25-078 3/30/05 Comm HVAC 6558 Laketowne Place - Mn Li tin P Mike's Refri $ 700 $ 32.00 B25-079.. 3/30/05 Comm HVAC 6563 Laketowne Place Mike's Refri $ 20,000 $ 569.76 B25-080 3/31/05 Comm Fire Alarm 6563 Laketowne Place Detect Alarm $ 800 $ 57.84 B25-081 3/31/05 Comm Plb 5075 Jason Ave NE Bredahl Plb $ 20,855 $ 594.60 TOTALS $1,633,945 $78,747.18 • • 33 CITY OF ALBERTVILLE FIRST AMENDMENT TO THE MASTER PLANNED UNIT DEVELOPMENT / CONDITIONAL USE AGREEMENT SHOPPES AT TOWN LAKES ONE THIS AGREEMENT, entered into this day of , 2004 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 and the City have entered into an agreement titled City Of Albertville Master Planned Unit Development Conditional Use Agreement Shoppes At Town Lakes One ("Master Agreement"), dated , 2005 and recorded in the office of the Wright County Recorder, Wright County, Minnesota, as document ;and WHEREAS, Developer and City desire to amend the Master Agreement relating to the construction and operation of restaurant required to be constructed under the Master Agreement; and WHEREAS, Developer and City intend to modify the uses allowed on Lot 1, Block 1, Shoppes at Towne Lakes One and intend to restrict the future use of real property described on the attached Exhibit A upon its platting as numbered lots and blocks; and • NOW THEREFORE IT IS HEREBY AND HEREIN AL Y REED in MUTU L AG , consideration of each party's promises and considerations herein set forth, as follows: 1. Intent of the Parties. It is the intent of the parties that this Amended Developer's Agreement ("Amended Developer's Agreement") and the Master Agreement be read together to determine the rights and obligations of the parties with respect to the property contained within the Shoppes at Town Lakes One Plat. In the event of a conflict between the terms of the Master Agreement and this Amended Developer's Agreement, the terms of this Amended Developer's Agreement shall control with respect to such conflicting terms. 2. Restatement of Paragraph 1.K. of Master Agreement. Paragraph K. of the Master Agreement is hereby restated and amended to read as follows: K. The uses on Lot 1 of Said Plat shall be limited to a bank permitted under the City's B-2A zoning ordinance. 2. Addition of Paragraph 1.W. of the Master Agreement. The following paragraph 1.W. is hereby inserted into said Master Agreement: 1. W. Developer agrees to restrict the use of two future lots to be platted from Outlot D, Towne • Lakes 5~' Addition, according to the plat of record in the office of the Wright County Recorder, Wright County, Minnesota, ("Outlot D") as follows: 35 i. At such time as Developer replats any portion of Outlot D into numbered lots • and blocks, the Developer shall plat at least two lots which shall be limited in use as specified in this paragraph l.W. ii. One of such lots shall be of sufficient size to support a building of at least 8,000 square feet in size and shall be restricted in use a "sit-down" restaurant otherwise permitted in the City's B-2A zoning district. For purposes of this Agreement, a "sit down" restaurant means a restaurant in which customers seated at individual tables order and are served food by waiters and/or waitresses and no more than a total of 10% of food sales are pick-up, delivery, and carry-out orders which are eaten atoff-premise locations. iii. The other of such lots shall be of sufficient size to support a building of at least 4,000 square feet in size and shall be restricted in use to a restaurant permitted in the City's B-2A zoning district. iv. The restaurant buildings referred to on said lots shall be free standing, single use buildings (i.e. each building shall be occupied by no more than one restaurant at any given time). v. The exact locations and configurations of such lots and the restaurant buildings on Outlot D are subject to approval by City Council. 3. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. • CITY OF ALBERTVILLE, By Its Mayor By Its Clerk CONTRACTOR PROPERTY DEVELOPERS COMPANY By STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) Homer H. Tompkins III Its President 36 • The fore oin instrument was acknowled ed before me this da of g g g Y 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. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2005, by Homer H. Tompkins III, as President of Contractor Property Developers Company. Notary Public • DRAFTED BY: Couri and MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 612 497-1930 37 J~ Bonestroo 0 Rosene Anc~rlik & Associates Engineers & Architects Larry, I've began to lay out the parking and building on the new site survey plan. Prior to this I've been doing the early schematic design using the aerial photo I received from your office. I've done some comparisons between the two and found some important differences. When I laid the photo over the new survey I discovered that the photo was stretched about 15 feet longer in the north-south direction than the actual dimension of the site. The dimension in the east-west direction was the same. In addition the location of the existing city hall is actually about 9 feet further south than determined from the photo. This problem is not catastrophic. I've reviewed the zoning parameters and found that in the B4 zoning we are allowed to move the building to the south property line. This is because the adjacent parcel is not zoned residential. We are still able to fit the parking on the south side of the existing City Hall but the side walk is reduced to about 4' from the building face to the curb. This means the landscape retaining wall on the south side of the existing building will have to be removed and an exterior finish applied to the building at that location instead. I've attached the aerial photo with the south property line added to illustrate the problem. The new site plan is attached indicating the new location of the building, the current parking count, and the skinny sidewalk at the south end of the existing building. I believe as we refine the site plan on CAD we'll be able to add some more width to the sidewalk. The site will accommodate 65 cars with the old City Hall retained. The last attachment is a site plan indicating the parking added to the south parcel. The plan confirms that to create 4 parking stalls with an access drive aisle and the parking setbacks the city hall building must be moved north 15 feet. Moving the building north causes a loss of 12 parking spaces on the north side of the building and a net loss of 8 parking stalls. I do not recommend adding parking at this side of the building. (The bottom of the drawing got cut off but there isn't enough room for any more parking). We'll be getting the revised construction estimate and design fee to you tomorrow. I'll be working on a revised schedule and more refined floor plans. If you have any questions give me a call. Thanks, Mark C. Forbes, A.LA. Bonestroo, Rosene, and Anderlik & Assoc. 2335 Highway 36 West St. Paul, MN 55113 (651)604-4852 ~J 39 ~ ~ r o ~ ~ ~~/ ,~/ n C ~~ .~ +. ....~-... i, ~_ ~ ~~`~ ~ ~ ~ ' ~ '~..-~ ! { .a ~ i ~ ~ ~ ~ ~- ~ '`~ ~ ``~ w~ ~ wo ,~ -,, r ~•. • e i +a * :. "r ~ r - ~ ` s L ` ' .. ~~`~- ~r~ u ~ ' ~~~~ l~na _ ,.. '! :' ~~ ~ ~ I . ~. 40 • • • _._,...._,_.._ , ~..~.~, o ._.._._...r._.__._. v ~xt~~. ~, • ! I -y~w ~ 5~ Gars b 3 3 ¢ ~ ! ~__ ~ , ~~ ~ `~ G ~ 1 ~ 1.- ~ G I C4).~..~_ C-~~-.; -- ~.~ ~.~ toys ~f ~i2) p~iur5 -----,.. ~Ils ~~~~~~ \ ~ n ` ~ dew Cif ~I ~ ~~ ~' ~, \ _,\ .~. ~ ., ~ q~u~C~? III ~~~ l05 ~ b is ~`~. ~ , ^\~_' ti'par~t 41 • i)Robert Helgeson, Chairperson Gayle Weber, Vice-Chairperson Charles Lefebvre, Treasurer Carol Steffens, Clerk Jeanne Holland, Director Drew Scherber, Director Dr. Marcia Ziegler, Superintendent 1. Call to Order 2. Attendance Roll Call • 3. Pledge of Allegiance 4. Representative Tom Emmer -House of Representatives - 19B 5. Status of the Middle School/Big Woods Shelter Building 6. Location for future schools -Expansion Committee Update 7. Update on options for community center in the City of St Michael ^ Seniors ^ Library ^ Tour of Andover or Woodbury YMCA 8. TH-241 Project -Busing and Other Issues • 43 • JOINT POWERS WATER BOARD MINUTES Regular Meeting of March 28, 2005 6:00 PM JPWT Plant Board Room 6:00 PM Call to Order by Jerry Zachman Board Members Present: Joyce Paullin, Joe Hagerty, Gerhardt Kottke, Don Peterson John Vetsch Board Members Absent: none Staff Present: Chris Catlin, H.R. Green, Kelly Browning, Veolia Water NA, Shelly Keyes, Veolia Water NA Staff Absent: None MOTION BY PETERSON, SECOND BY PAULLIN, TO ADOPT THE AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. There was no one present under the Citizen Forum. MOTION BY PAULLIN, SECOND BY PETERSON, TO APPROVE THE MINUTES OF THE FEBRUARY 28, 2005 REGULAR MEETING AND THE MARCH I6, 2005 SPECIAL BOND MEETING. MOTION CARRIED UNANIMOUSLY.. MOTION BY PETERSON, SECOND BY PAULLIN, TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. Under Unfinished Business, George Eilertson of Northland Securities requested the bond resolution be addressed at the end of the meeting in order to obtain the necessary signatures without disrupting the meeting. Board Members agreed. Under New Business, Andy Berg of Abdo, Eick & Meyers presented the 2004 audit report. Berg reviewed the management letter, noting the only reportable condition was segregation of duties. Berg explained it's a common condition in offices with small staff and Board Members should monitor financial statements regularly. Berg also discussed the chart of operations and cash position over the last four years and noted both operating revenue and expenses decreased slightly in 2004. Board member Vetsch requested clarification on the change in net assets and Berg explained there was less gain in 2004 of het assets value than in 2003. Berg clarified that there was still a net gain, but less than the previous year. Berg noted that investment reconciliations and connection fees collected at member cities are two items being addressed by Joint Powers staff. Berg also pointed out the Management Discussion and Analysis letter now included with the 2004 audit in compliance with GASB #34 accounting procedures. MOTION BY PETERSON, SECOND BY PAULLIN TO ACCEPT THE 2004 AUDIT REPORT AS PRESENTED. MOTION CARRIED UNANIMOUSLY. • In other New Business, Browning presented the Veolia Water budget reconciliation. Browning explained that all Repair and Maintenance, Chemical and Utility accounts are reimbursable line 45 items and any budget overages are actual costs with no profit or overhead included. The Joint Powers Budget includes a contingency amount in anticipation of those line items which increase in • direct proportion to water usage. Discussion followed with Board Members and Browning clarified that Veolia Water pays the costs up front and then annually submits the reconciliation request to JPWB for reimbursement or rebate. MOTION BY PETERSON, SECOND BY PAULLIN TO ACCEPT THE 2004 VEOLIA WATER RECONCILIATION AS PRESENTED. MOTION CARRIED UNANIMOUSLY. Under Engineering, Catlin recommended payment of $175,146.75 to Rice Lake Construction Group for Pay Estimate #2 of the Water Treatment Plant Expansion. MOTION BY PAULLIN, SECOND BY PETERSON TO APPROVE PAY ESTIMATE# 2 TO RICE FAKE CONSTRUCTION GROUP IN THE AMOUNT AS PRESENTED. MOTION CARRIED UNANIMOUSLY. Under Operations/Office, Browning mentioned that a Technical Advisory Committee (TAC) meeting is scheduled for 2 pm Wednesday, March 30th and invited Board Members to provide comments or suggestions for discussion items. The agenda will include discussion of current engineering specifications, sludge disposal and WAC fees. MOTION BY PETERSON, SECOND BY PAULLIN, TO APPROVE THE LIST OF CLAIMS AS PRESENTED. MOTION CARRIED UNANIMOUSLY. As Unfinished Business, George Eilertson of Northland Securities presented additional data regarding the bond issuance. He informed Board Members that Moody's Investments had assigned a credit rating of A3, and insurance had qualified the bond as Triple A. Parameters for the bond will be locked in based on that information and because the package was put together late in the day, the investment will actually occur an Tuesday, March 29`h. The projected interest rate will be 4.3% and the projected savings achieved should increase slightly when the package is finalized. The proceeds of the bond issuance will become available'late April with the refunding portion of the bond going directly to escrow. Each city will authorize the bond sale at their respective April meetings and waive the additional reserve account for the refunding portion of the bond. MOTION BY PETERSON, SECOND BY PAULLIN TO ACCEPT THE BOND RESOLUTION AS PRESENTED. MOTION CARRIED UNANIMOUSLY. MOTION BY PETERSON, SECOND BY PAULLIN, TO ADJOURN AT 6:40 P.M. MOTION CARRIED UNANIMOUSLY. Recording Secretary • 46 • • s Upcoming City Council Meetings or Events Day /Date Time Meeting -Event Location Tues., Apr. 12 7:00 PM Planning & Zoning Commission mtg Council Chamber Apr. 13 - 14 All day Washington DC -Lobby for Funds Washington (Don & Larry) Mon., Apr. 18 6:00 PM I-94 City Council Workshop mtg. Council Chamber Mon., Apr. 18 7:00 PM City Council meeting Council Chamber Tues., Apr. 19 9:00 AM Consultant-Develop Review Staff mtg Conf. Room Tues., Apr. 19 6:00 PM Jt. mtg. Albertville/St.MichaeUSTMA HS Board Room Thurs., Apr. 21 9:00 AM I-94 West Chamber meeting varies Mon., Apr. 25 6:00 PM Joint Powers Water Board mtg Joint Powers Office Mon., Apr. 25 6:30 PM Parks & Recreation Committee Council Chambers Wed., Apr. 27 TBD Joint mtg. Albertville & Otsego Albertville Council Keep in mind additional meetings may be added as the month progresses. May 2005 Mon., May 2 6:00 PM Public Works meeting Council Chamber Mon., May 2 7:00 PM City Council meeting Council Chamber Tues., May 3 9:00 AM Consultant-Develop Review Staff mtg Conf. Room Tues., May 3 6:30 PM Board of Appeal and Equalization Council Chamber Mon., May 9 6:00 PM STMA Ice Arena Board meeting HS Board Room Tues., May 10 7:00 PM Planning & Zoning Commission mtg Council Chamber Mon., May 16 7:00 PM City Council meeting Council Chamber Tues., May 17 9:00 AM Consultant-Develop Review Staff mtg Conf. Room Thurs., May 19 9:00 AM I-94 West Chamber meeting varies Mon., May 23 6:00 PM Joint Powers Water Board mtg Joint Powers Office Mon., May 23 6:00 PM Parks Committee meeting (?) Council Chamber Mon., May 30 ALL DAY Memorial Day (observed) City Offices Closed Keep in mind additional meetings may be added as the month progresses. 47 • ~b~rt ~~f '~ ___.__ At,BERTVILLE CITY COUNCII.. AGENDA April 18, 2005 6:00 PM 1. Call Meeting to Order 2. I-94 Discussion 3. Adjournment • • e ~~ ;~~..,~~ if _