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2005-06-06 CC PacketAIbertville • TMM L .. ALBERTVILLE CITY COUNCIL AGENDA June 6, 2005 7:00 PM 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 3. MINUTES a. May 16, 2005 City Council Minutes (pgs. 5-7) b. May 17, 2005 City Council Workshop Minutes (pgs. 19-20) 4. CITIZEN FORUM — (10 Minute Limit) 5. CONSENT AGENDA a. Approve payment of claims check numbers 021455 - 021506 (pgs. 21-27) b. Approve the S.E.H. Engineer's recommendation to reduce the Letter of Credit for Kollville Estates 3rd from $140,000 to no less than $46,720 (pg. 29) c. Accept a donation of Gambling Funds from the Albertville Lions in the amount of $4,000 and make a donation to the Albertville Friendly City Days Committee in the amount of $4,000 d. Approve transfer of Liquor License from Gary Vetsch to Twin Star Food & Beverage Co., Inc. effective June, 2005 (Smackdown's) (pg. 31) 1). On -Sale Liquor License 2). Off -Sale Liquor License 3). Special Sunday Liquor License 4). 2 AM Closing License e. Tobacco Free Park Policy Resolution No. 2005-20 (pgs. 33-34) f. Parks and Recreation Committee Rules and Guidelines Resolution No. 2005-19 (pgs. 35-38) 6. ACTION ON PULLED CONSENT ITEMS 7. DEPARTMENT BUSINESS a. Public Works — Wastewater Treatment Plant 1). Wastewater Treatment Plant Written Report (pg. 39) b. Planning Department 1). Anderson Detached Garage (pgs. 41-44) a). Conditional Use Permit (CUP) 2). Albertville Crossings 3rd LaBeaux Station (pgs. 45-61) a). Commercial Conditional Use Permit/Planned Unit Development • b). Site and Building Plan Review c). Preliminary Plat 3). Westwind Third Addition — Briggs Properties (pgs. 63-66) a). Planned Unit Development (PUD) b). Concept Plan 4). Hunter's Pass Estates (pgs. 67-105) a). Final Plat b). Developer's Agreement (Legal) 5). Downtown Parking Study Proposal (pgs. 107-111) 6). Ordinance Amendment _ Section 1000.7, Landscaping -Ground Cover (pgs. 113-115) c. Engineering 1). Edina Development Albert Villas Wetland Mitigation Deric Deuschle (S.E.H.) (pgs. 117-134) (maybe.pulled) 2). Hunter's Pass Estates (pgs. 135-135D) a). Mud Lake WM Crossing — Final Plans & Specifications 3). Hunter's Pass Estates a). Lift Station— Final Plans & Specifications (pgs.137-138) 4). Lachman Avenue Feasibility Report (attachment) 5). 52nd Street Feasibility Report Update (attachment) 6). MacIver Avenue Street and Utility Proposal 7). Sewer Access Charges / Water Access Charges — Space Aliens Grill & Bar (pg. 139) 8). Accept 2005 Street Overlay Bid (pgs. 141-142) 9). Accept 2005 Street Sealcoat Bid (pgs. 143-144) d. Legal 1). Parkside Commercial — Developer's Agreement (pgs. 145-167) 2). Agreement to Reallocate Special Assessments - Resolution No. 2005-16 entitled A Resolution Redirecting Assessments (Welcome Furniture — Darkenwald) (pgs. 169-172) 3). Amendment to Towne Lakes 3rd Addition Developer's Agreement (pgs. 173-176) 4). Albertville Crossing 3rd Addition Developer's Agreement (Bank of Long Lake) (pgs. 177-190) e. Finance 1). Written Report (pg. 191) 2). Monthly Updates (pgs. 193-194) M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 2 E Administration 1). Written Report (pg. 195-208) 2). Resolution No. 2005-18 entitled No Fault Sewer Back-up Insurance (pgs. 209-210) 3). STMA Soccer Funding Request (pg. 211) 4). Wright County Highway Dept — All -way Stop Request at Main Ave. NE & 57�h Street NE (pgs. 213-214) 5). Pelican Lake Restoration Project (pgs. 215-217) 6). I-94 Funding Workshop, Wastewater Treatment Project Financing and City Hall Building Project Financing Workshop (suggest Monday, June 13, 2005, at 6:00 p.m.) (pgs. 219-220 • • 8. OTHER BUSINESS, MINUTES AND MATERIALS a. Letter from Tony Hughes, MN District Soils Engineer, regarding Grading and Surfacing CSAH 19 in St. Michael to I-94, Official Detour Routes (pgs. 221-222) b. Letter from Jon Steinmetz, Mayor of Delano, regarding Second Annual County/City Forum, Tuesday, June 21, 2005 at 11:30 a.m. at the Wild Marsh Golf Club in Buffalo (contact Laureen Bodin at 763-684-5404) (pg. 223) 9. ADJOURNMENT M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doe AlbertVillf. Smem Toum uwngj� N9 0 1: ML ALBERTVILLE CITY COUNCIL May 16, 2005 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members John Vetsch, Ron Klecker, LeRoy Berning and Tom Fay, City Attorney Mike Couri, City Planner Al Brixius, City Engineer Mark Kasma, 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. ADOPT AGENDA MOTION BY Council member Klecker, seconded by Council member Berning to approve the agenda as amended. Motion carried unanimously. Amend the Consent Agenda 3.c. Approve application for 3.2 Malt Liquor License for the Albertville Lions for Monday, June 13, 2005 at the St. Albert's Parish Center 3.f. Approve Application from the Women of Today to Conduct Excluded Bingo during Albertville Friendly City Days at St. Albert's Parish Center on June 11, 2005 MINUTES MOTION BY Council member Fay, seconded by Council member Klecker to approve the May 2, 2005 regular City Council and May 3, 2005 Board of Review minutes as presented. Motion carried unanimously. CITIZEN FORUM Mayor Peterson asked if there was anyone present to address the Council regarding items not on the agenda. Deb Holm, 152 Club owner, informed the Council that City Administrator Kruse called her in response to a neighborhood complaint regarding someone tearing up a neighbors yard behind the 152 Club. Kruse met homeowner Ms. Lehn and Ms. Holms to view a complaint that someone had hit several trees and had torn up the yard. Ms. Holms was very unhappy that the City Administrator had suggested several things to deescalate the neighborhood situation. Holms stated she did not know who was responsible for the damage, but didn't like that the City Administrator assuming it was a patron of the bar. Holms stated she was upset that Mr. Kruse suggested a temporary baracade be installed to prevent any future vandalism and escalation of the situation. Ms. Holms stated she did not want a temporary barricade as she uses the alleyway • on occasion. During Friendly City Days — Main Avenue is blocked off and there is no way to drive in and out. M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc City Administrator Kruse shared with the Council that he has heard from two (2) residents regarding a number of issues regarding the bars on Main Avenue. City Administrator Kruse has been in contact with City Attorney Couri to identify the status of the alleyway to resolve if it is privately owned or if it is a City alley. City Attorney Couri had researched the alleyway a couple of years ago and was unable to find any documentation denoting the alleyway behind the bar establishments. City Attorney Couri indicated he would search property owner's abstracts to identifying the status of alleyway. Ms. Holm stated she was upset that the City was trying to purchase the same railroad property that she wanted. Holm's stated no one from the City has contacted her and she was not aware of what the City is doing. Council directed City staff to host a meeting with the Main Avenue (downtown) business owners to discuss downtown issues. Further to share with them that the City is considering some downtown redevelopment and want their input. Mayor Peterson asked if there was anyone present to address the Council regarding items not on the agenda. Jaime Stevens brought to the Council's attention that he had a number of conversations with the City Administrator and the railroad representative. He had been in contact with the Council regarding the railroad issue. Mr. Stevens wanted to know if there was any legal ruling in the sale of the railroad property and if an adjoining landowner could get first rights to purchasing the land. City Attorney Couri does not believe there is any law that would give an adjoining property owner first rights to purchase land. City Attorney Couri stated if it is in the lease agreement Albertville Body Shop would have first rights to purchase. He is not aware of what is in the lease agreement. City Administrator Kruse noted the City Council is aware of staff s efforts to obtain information regarding the sale of railroad property in the downtown area. Administrator Kruse There is nothing more being done. City Administrator Kruse confirmed that once we obtain the information we will notify the Main Avenue business owners. Mayor Peterson asked if there was anyone present to address the Council regarding items not on the agenda. Girl Scout Troop 418 informed the Council they are going to use some of the cookie money they earned to buy flowers to plant near City Hall to show their appreciation for the use of the former Public Works Building to hold their meetings. They would coordinate it with the Women of Today. M:Tublic Data\City Council\Comcil Agendas\2005 Agmdas\A 06-06-05 packet draft.doc 6 Mayor Peterson asked if there was anyone present to address the Council regarding items not on the agenda. Edina Developments attorney Mr. Hagna spoke during public comments to try and get building permits released for the Albert Villas addition. Edina Development presented a restoration plan to the City's engineer to resolve any wetland issues within the Albert Villas subdivisions. Enclosed in the plan is a recommendation for a letter of credit to insure that Edina performs the work as planned. I have been in contact with City Attorney Couri to deal with the wetland/restoration issues. City Attorney Couri stated that as of April 4, 2005 we sent Edina Development a letter of default. On May 4, 2005 I received a punch list, which S.E.H. is reviewing. The Developer is unable to comply with the wetland delineation, which was noted in the plats. City Attorney Couri went on to explain we are in the process of drafting a complaint letter to Edina Development regarding the default of the wetland. Council stated they will take the restoration plan into consideration with the wetland delineation. Council directed Edina Development to work with City staff. Once these issues are resolved, we will allow building permits to be issued. John Reichele, from North Country Builders, asked the Council if they would consider allowing staff to approve temporary building permits. This would allow them to at least dig and get the basement portion completed. Council repeated they would take the situation into consideration once Edina Development resolves the default issues. CONSENT AGENDA MOTION BY Council member Berning, seconded by Council member Fay to approve the consent agenda as presented. Motion carried unanimously. a. Approve payment of claims check numbers 021391-021438 b. Approve application for 3.2 Malt Liquor License for the Albertville Lions for the Albertville Friendly City Days at City Park on June 10, June 1 I and June 12, 2005 c. Approve application for 3.2 Malt Liquor License for the Albertville Lions for Monday, June 13, 2005 at St. Albert's Parish Center d. Approve S.E.H.'s recommendation to Accept Application for Payment No. 2 (FINAL) for 2003 I-94/CSAH 37 Traffic Signal Improvement project in the amount of $6.068.50 to Design Electric, Inc. e. Approve transfer of 3.2 Malt Liquor License from JTS Auto to Croix Oil Company effective June 15, 2005 (Albertville Mobil Convenience Store) ACTION ON PULLED CONSENT ITEMS No items were pulled. MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 7 I-94 ELWIN TINKLENBERG & ASSOCIATES • City Administrator Kruse stated that Mr. Dan Krom was present to update the Council on I-94 funding progress. Mr. Krom began with the trip to Washington DC informing the Council it was successful. Mr. Krom went on stating, as you know there is a $1 million dollar marker. The House Bill passed now taking it to the Senate on May 31, 2005. There is a chance it may be extended into the summer for the transportation bill. At this point any bridgework could be a 90/10 ratio, which could affect the cost. Mr. Dan Krom touched briefly on the Appropriation Bill, which should be done by October 2005. In addition to continuing to monitor and track federal funding processes, the next phase of consultant services the Tinklenberg Group is providing for the City of Albertville includes implementing the collaboration and communication strategies identified in our initial proposal. The objectives of this phase of the project are to share project information, solicit input from public and private stakeholders, to garner support and to generate a partnership approach to interchange improvements. Mr. Krom brought to Council's attention the implementing and information sharing of the project. Mr. Krom visited the City's Website and thought it needed some updating. The point was brought up about getting the information to the City of Otsego and City of St. Michael and make sure they are aware of the project along with keeping them up-to-date.. Council asked if MnDOT has been involved during the process. Mr. Krom confirmed that he has been in contact with MnDOT throughout the process. A representative from MnDOT was present at the meetings and are aware of the project. City Administrator Kruse asked for Council's direction. According to the Contract we budgeted $66,000. Council approved the Tinklenberg group to go ahead. To date our cost is $24,033, but would like direction on the second part. This would require Council to approve the next $15,000. Council wanted to wait until they obtain more information -report from S.E.H. before moving forward. They also wanted to find out if the City of Albertville gets Federal approval before moving forward. City Administrator Kruse stated the report is finished along with the applications required to go before MnDOT. MOTION BY Mayor Peterson, seconded by Council member Klecker to authorize the Tinklenberg Group to proceed to the second part of the Lobbying effort not to exceed $15,000. Mayor Peterson, Council members Fay and Klecker voted aye. Council member Berning voted nay. Council member Vetsch abstained. i ATublic Data\City CouncilTouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 8 • DEPARTMENT BUSINESS BUILDING DEPARTMENT No one was present to discuss the Building Department report. PLANNING Parkside Commercial PUD/CUP and Site and Building Plan Review City Planner Brixius stated that Premier Development Group, LLC has submitted an application for approval for a CUP-PUD along with a Site and Building Plan Review of three office buildings within the site. June 2004 a similar plan was presented to the City Council, which was withdrawn by Kent Roessler. City Planner Brixius informed the City Council the original Preliminary Plat was approved in March 2000. Casey's General Store was approved in 2001 as a CUP. The proposed plan development shares access with Casey's. A condition of approval will be a shared access easement agreement. City Planner Brixius went on to explain the site area is 232,181 square feet or 5.33 acres and is located west of County Road 19 and north of 57t` Street NE. The site is zoned B2-A, Special Business District, which is surrounded by residential uses to the south and west; there are commercial uses north and east. City Planner Brixius reported the use presented would be office condominium. The developer is proposing that the building be managed through an office condominium arrangement. The types 40 of businesses that will be located within the site are: medical, dental, etc. City Planner Brixius pointed out the applicant has identified two locations for monument signage. According to the Sign Ordinance, not more than one (1) ground sign shall be permitted on any lot. The applicant is looking for flexibility in order to allow two (2) ground signs on one lot. The signs will be limited to 12-feet in height and 80 square -feet of overall sign face. A Comprehensive Sign Plan including proposed design, size, height, setbacks and lighting must be submitted and reviewed under a separate sign permit. City Planner Brixius stated that City Engineer Moberg has reviewed the revised plans and submitted a memo dated May 16, 2005. Roger Fink, Vice -President of Premier Development Group, LLC addressed the Council informing them he has been in contact with the abutting property owners to the rear of the proposed buildings. Mr. Fink demonstrated to the property owners how the layout height of the buildings is proposed. Mr. Fink handed letters to the City Planner for public record and to be placed in the file. Mr. Fink noted that four (4) of the property owners were pleased with the layout and landscaping. Mr. Fink shared with the Council members they are proposing a board -on -board fence/screening between the buildings to screen any parked vehicles and filtering of headlights. Forty-eight (48) square -feet per tenant for signage allowed. City Planner Brixius would review the signage to be presented. MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 9 Mr. Fink informed the Council that CIC would like to sell the individual bays. . Council wanted to know if this would be noted in the Developer's Agreement. City Attorney Couri would incorporate that information into the Developer's Agreement and would give a copy for CIC's review. Council had a concern with the current traffic level on 57t'' Street NE. Council recommended no parking on 57 h Street NE from Casey's to the end of the commercial property. Council directed staff to look into directional arrow lights at the intersection of CR 19 and 57`h Street NE. Council was unsure if we need the arrows at this time or in the near future. City Attorney Couri was directed to include in the Developer's Agreement to note the restricted hours for the illuminated signage. Council wanted to ensure the lighted signage would be in compliance with the current City's Ordinance. They did not want signage on the building facing 57`h Street NE, which would include no signage in the windows. MOTION BY Council member Fay, seconded by Mayor Peterson to approve the Parkside Commercial PUD/CUP and Site and Building Plan Review as amended. Mayor Peterson, Council members Fay and Vetsch voted aye. Council members Berning and Klecker voted nay. Motion carried. 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 property is located west of CR 19 and north of 57th Street NE. B. The planning report dated April 6, 2005 from Northwest Associated Consultants as well as the engineering report dated March 31, 2005 from SEH were reviewed and presented to the Planning Commission. 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. MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 10 • 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. 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 PUD/CUP and Site Plan based on the most current plans and information received to date subject to the following conditions: 1. A shared access easement agreement shall be entered into with Casey's. 2. The landscaping plan shall be revised to include the following: a. Black Hills Spruce shall be planted fifteen (15) feet apart in staggered rows and shall be 6-8 feet tall on the western portion of the site area. b. Additional species and quantities of plantings shall be provided in the northeastern and southwestern portion of the plan. c. A cross-section plan of the western portion of the site shall be submitted for City review and approval. d. The striped areas at the perimeter of each parking area shall be raised concrete parking islands. 3. Uses within the buildings shall be limited to professional offices, clinics, and personal and on -site services. No outdoor storage shall be allowed within the site. 4. The grading, drainage, and utility plans shall be subject to comments found in the City Engineer's report dated March 31, 2005 and May 16, 2005. 5. Monument signage shall be limited to no more than two signs that are no more than twelve (12) feet in height and are no more than eighty (80) square feet of sign face. Wall signage shall not exceed 48 square feet for each building entrance location. A separate sign permit will be required for this application. All sign lighting shall be on a timer that will turn off lights when the businesses are closed (turned off at 11:00 p.m.) No wall signage on 57a' Street NE. No signage in windows along 57ch Street NE. 6. All light poles shall not exceed twenty (20) feet in height. All lights shall be at 90- degree cutoff. 7. The Common Interest Community (CIC) declarations, by-laws, and related association documents shall be subject to the review and approval of the City Attorney. ATublic DataTity CouncilTouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 11 8. The applicant shall enter into a Development Agreement with the City and shall be subject to the review and approval of the City Attorney. 0 9. The City approves the proof of parking arrangement for five parking stalls on the east end of Building 3. The property owner shall be required to construct these parking spaces upon order of the City if parking demand exceeds the supplied parking, resulting in parking on 57th Street NE, parking within drive aisles, or parking on landscaped areas of the site. (No parking on 57th Street NE) 10. Parking between buildings 2 and 3 shall be proof of parking. 11. Mini fence or shrub to screen the air-conditioning units located on 57th Street NE (south-southwest side of the building). Quality Title Office Building Site and Building Plan Review City Planner Brixius stated that Mainstream Properties, LLC has submitted an application for site and building plan review to construct an office building located on the corner of CR 19 and 53rd Street NE in Albertville. The site is currently vacant and the applicant is proposing to develop a two-story complex. City Planner Brixius addressed the concern regarding the parking and circulation noting the Zoning Ordinance requires three spaces plus at least one space for each 200 square feet of floor area. The applicant is proposing 10,310 square feet of floor area for both floors. The calculation required for offices will need 49 stalls for the site. 0 City Planner Brixius reported the plan shows that the parking stalls are 9 feet by 18 feet. The Albertville Zoning Ordinance requires that stalls be 9 feet by 20 feet. As a condition of approval, the applicant will be required to modify the length of the parking stalls to meet the requirement of the Zoning Ordinance. City Planner Brixius shared that the applicant is proposing a curb cut onto Kyler Avenue NE to the west as well as a curb cut connecting the site to the Shoppes at Prairie Run to the south. As a condition of approval, the applicant will be required to provide a cross access easement with the Shoppes at Prairie Run. The overall circulation plan is acceptable, however, is subject to the review of the City Engineer. City Planner Brixius went over the signage proposed for the site; because of the buildings' location on a corner lot additional signage may be acceptable. Not more than one sign shall be permitted on the front wall of any principal building. The City has allowed additional wall signage for multi tenant buildings provided that a comprehensive sign plan and sign permit is reviewed and approved by the City. Council recommended boxing out or to dress up the exit onto 53rd Street NE. Council would like the rear of the building to look similar to the front of the building. • MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 12 • Council noted that the Shoppes of Prairie Run is to the south of this site and asked if the sidewalk would be extended to this property. MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the Quality Title Office Building Site and Building Plan Review as amended. Motion carried unanimously. 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 property is legally described as Lot 1, Block 5 Heuring Meadows. B. The planning report dated April 6, 2005 from Northwest Associated Consultants as well as the engineering report dated March 30, 2005 from SEH were reviewed and presented to the Planning Commission. 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. I. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the Site and Building Plan based on the most current plans and information received to date subject to the following conditions: 1. The applicant shall revise the size of the building to meet the required setbacks. 2. All parking stalls shall be nine (9) feet by twenty (20) feet. MAPublic Data\City CounciWouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 13 3. The applicant shall be required to provide a cross access easement with Shoppes at . Prairie Run to the south. 4. The grading and drainage plan shall be subject to the review and approval of the City Engineer's report dated March 30, 2005. 5. All landscaping shall be required to be irrigated with a one-year landscaping guarantee. 6. The applicant shall submit details of the trash enclosure. The exterior materials of the trash enclosure shall be consistent with those used for the main building. 7. The applicant shall submit a lighting and photometric plan for review of the City. 8. The applicant will be required to apply for a sign permit for all signs proposed for the building. 9. A development agreement shall be entered into between the Developer and the City. 10. Additional comments from City staff, Planning Commission, and City Council. 11. North side of the building has a similar look as south side. 12. To have the sidewalk continue on Kyler Avenue NE if in place on the Shoppes at Prairie • Run subdivision. ENGINEERING Approve S.E.H.'s recommendation to accept the low bid of Omann Brothers Inc. in the amount of $241,522.75 for the 2005 CSAH 37 Trail Project City Administrator Kruse stated that S.E.H. received seven (7) bids for the 2005 CSAH 37 Trail Project. Omann Bros. came in with a low bid of $241,522.75. Staff is looking for Council's approval to accept the low bid so construction can begin. Staff estimated completion of the project, weather permitting, July 2005. Council wanted to know if the drainage issues along CSAH 37 will be included in the project. City Administrator Kruse confirmed the drainage issues will be included. MOTION BY Council member Berning, seconded by Council member Fay to award Omann Brothers, Inc. the low bid in the amount of $241,522.75 for the 2005 CSAH 37 Trail Project. Motion carried unanimously. Award Construction Bid for Wastewater Treatment Expansion City Administrator Kruse reported that S.E.H. received bids for Phase 2 Expansion of the Wastewater Treatment Plant. Gridor Construction, Inc. did Phase 1 Expansion of the project. City Attorney Couri has reviewed the contract. • ATublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 14 • City Attorney Couri stated the only change he recommends is the submittal of payment. The Contract states submittal of payment made in 10 days. City Attorney Couri would like to see that back at 30 days. MOTION BY Council member Fay, seconded by Council member Klecker to award Gridor Construction, Inc. the low bid in the amount of $3,705,000 for the Wastewater Treatment Plant Phase 2 Expansion contingent on the change on the payment dates. Motion carried unanimously. LEGAL Bolton & Menk, Inc. Agreement City Attorney Couri touched briefly on minor changes to the Bolton & Menk, Inc. Agreement or Contract. City Attorney Couri brought to the Council's attention Section III A. 3. In general, compensation for services outlined in Sections I.B. and I.C. of Exhibit I shall be based on the Schedule of Fees listed in Section III.A. for the time actually spent by the CONSULTANT. If it is possible to accurately define the extent of the engineering services that will be required, a not - to -exceed amount will be provided to the CLIENT. NON -ROUTINE ENGINEERING Bolton & Menk, Inc. proposes to provide non -routine services, as described in the Executive Summary, on a project -by -project basis. When it is possible to accurately define the scope of the project and the engineering services to be performed, a not -to -exceed or lump sum fee will be provided to the City. Project fee budgets will be based on the fee schedule shown on page 5-2. Change the last sentence to read Project fee budgets will be based on the fee schedule shown as Section III. A. 1. REIMBURSABLE ENGINEERING As with non -routine services, Bolton & Menk, Inc. proposes to provide reimbursable work, as described in the Executive Summary, on an hourly basis and according to the fee schedule shown on page 5-2. Change the last sentence to read Project fee budgets will be based on the fee schedule shown as Section III. A. 1. I.A. MUNICIPAL IMPROVEMENT PROJECT - BASIC SERVICES 8. The CONSULTANT shall identify needed right-of-way and easements in a timely manner and shall provide copies of the plans for use by the CLIENT in negotiating and obtaining easements and rights -of -way, if required. Add the comment: At CONSULTANT s request the City will provide information as needed. MOTION BY Council member Berning, seconded by Mayor Peterson to approve the Bolton & Menk, Inc. Agreement with the changes noted by the City Attorney. Motion carried unanimously. MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 15 ADMINISTRATION Written Report • City Administrator Kruse brought to the Council's attention the Pilot/Kenco/Kent Roessler LLC settlement was complete. We can now focus our attention on Edina Development and strive to resolve by the end of 2005. City staff is working with Welcome Furniture and Darkenwald Real Estate regarding the assessments. We hope to bring the Resolution No. 2005-16 before City Council at the June 6, 2005 Council meeting. City Administrator Kruse briefly touched on the Downtown Renovation project stating the Community Partners has submitted a proposal and a meeting will be arranged with the downtown businesses. 70`h Street NE Agreement City Administrator Kruse stated there is a DRAFT of an agreement included in the packet. As reported earlier in the meeting the City of Otsego is in no hurry to proceed with the construction of 70t' Street NE. Mayor Peterson informed City staff he was at the Albertville Premium Outlets this past weekend and he observed the site. He counted about 10 customers "jay" walking across CR 19. He stated it is just a matter of time before someone will be injured. Council directed staff to send a letter to the Albertville Premium Outlets addressing the fence. It was Council's understanding the Albertville Premium Outlets was to install a fence to prevent or discourage customers from "jay" walking across CR 19. City Administrator Kruse looked for Council direction on which engineering firm should manage the Towne Lakes Sixth Addition construction phase. The City Council directed City Administrator Kruse to notify Bolton & Menk, Inc. to proceed to complete construction oversight. Resolution No. 2005-17 entitled Transportation Priority Council took no action on Resolution No. 2005-17 entitled Transportation Priority with the comment that the 10% goes to the freeway. They do not want it to go to buses, light rail, air way or other. OTHER BUSINESS, MINUTES AND MATERIALS Set next Joint meeting with Albertville Council, St. Michael Council and STMA School Board — Tentative date Monday, August 29, 2005 at 6:00 p.m. Mayor Peterson recommended himself, one Council member and the City Administrator attend the joint meeting. Mayor Peterson directed staff to send a letter to North Memorial stating the City of Albertville supports their efforts. Council member Vetsch wanted it noted that he abstained. .10 M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 16 ADJOURNMENT MOTION BY Council member Vetsch, seconded by Council member Berning to adjourn at 10:26 p.m. Motion carried unanimously. Don Peterson, Mayor Bridget Miller, City Clerk M:\Public DataTity CouacilTouacd AgeadasN2005 Agmdu\A 06.06-05 packet &aft.&& 1 •Albertviolle onchiUF41. City of Albertville City Council Minutes March 17, 2005 Albertville City Hall 6:30 PM PRESENT: Mayor Don Peterson, Council members John Vetsch, Ron Klecker, LeRoy Berning, and Tom Fay and City Administrator Larry Kruse. Also present: Mark Forbes and Michelle Lease of Bonestroo Rosene Anderlik & Associates. Mayor Peterson called the special workshop to order at 6:30 p.m. The purpose of the meeting was to discuss the schematic design for the new City Hall project. Architect Mark Forbes began by reviewing the meeting agenda with the City Council. Discussion topics include reviewing the site plan, floor plans, building elevations, perspective rendering, Council Chamber and expansion area seating layouts, project costs and project schedule. 1. Site Plan: Mark reviewed the two options indicating parking count, circulation, trash enclosure, building location and setbacks, and water retention. In addition, the Council stated that they are still working with the owner of the triangular parcel to the south to determine future ownership and use of the parcel. Mark informed the City Council that they will need to seek a construction easement to construct the building along the south property line. This is due to the excavation requirements for the basement space. The City Council preferred scheme B and asked that the building be shifted a minimum of 2 feet from the south property line. Actions: Mark to revise the site plan in the Design Development phase to shift the building north 2 feet from the south property line. Bonestroo will provide the City with the legal description of the temporary construction easement if the south triangular parcel is not acquired by the City. Larry to provide Bonestroo with direction on how much storm water retention to accommodate on site. 2. Floor Plans: Mark reviewed the floor plans for the first floor, basement and second floor of the building. The spaces shaded in red on the first floor were added to the program during schematic design. When combined with the two stairs and elevator shaft space, the first floor has grown to 12,300 sq. ft. Mark reviewed changes to the basement layout and • square footage and described how the third floor would be finished. ATublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 19 3. Seating Layouts: Mark handed out copies of the maximum seating layout for a City • Council meeting and a dining event such as a pancake breakfast. An estimated 378 chairs can be accommodated for meeting scenario in the Council Chambers and Expansion Space.108 chairs in the Chambers only. The Chambers and Expansion Space can accommodate approximately 200 people seated at tables placed end -to -end. The Council was pleased with the seating layouts. 4. Building Elevations and Building Materials: Mark presented schematic elevations of the building as well as a perspective drawing. The Council discussed the amount of brick on the building and was provided with samples of the prefinished metal panels proposed for the building. Council Member Berning requested that the skylight not be visible from the south elevation (Main Avenue) if it is more cost effective to hide it. Overall, the Council was pleased with the elevations. Mark to provide a listing of local buildings in which the metal panels have been applied 5. Project Cost Summary: Mark handed out a Project Cost Summary estimating project costs to date which include a contingency of 10%. Several items listed as "project soft costs" such as the security system, voice and data wiring, furniture, phone system, AV system, permits, soil borings, survey, and special testing, need to be coordinated and budgeted for outside of the building construction cost. Based on the total estimated project costs, Mark presented a reduced area floor plan to the City Council which includes eliminating the Activity/Sheriff space, a storage room, reducing the size of a conference room, and eliminating the ability to expand the kitchen in the future. The • reduced plan identified 1,328 square feet of space that was eliminated saving approximately $263,000. The Council approved the direction of reducing space from the first floor plan. Actions: The Council directed Mark to work with Larry to refine the reduced space plan and submit a final set of plans and cost estimate for approval prior to the start of design development. Next Steps: Mark will revise and submit the floor plans and Project Cost Summary to the Council for approval. 2. Larry will work with the City Planner and City Engineer to determine how much water retention needs to be accommodated on site. 3. Mark will provide the City with a listing of local buildings in which the metal panels have been applied. 4. Michelle will provide Larry with some suggested vendors to contact for FFE. 5. Mark will provide Larry with the names of kitchen equipment supply vendors to talk about the use of the kitchen and equipment to purchase. MOTION BY Council member Fay, seconded by Council member Klecker to adjourn the workshop. Motion carried unanimously. Meeting adjourned at 9:00 p.m. • MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 20 • CITY OF ALBERTVILLE *Check Detail Register© June 2005 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 021455 6/6/2005 10,000 LAKES CHAPTER OF ICC E 101-42400-208 Training and Instruction $90.00 Annual Conference JS Total 10,000 LAKES CHAPTER OF ICC $90.00 Paid Chk# 021456 6/6/2005 AFLAC G 101-21710 Other Deducations $16.16 AFLAC Insurance Prem Total AFLAC $16.16 Paid Chk# 021457 6/6/2005 BARTHEL, TOM R 602-00000-99999 UNALLOCATED UTILITY $54.14 Reim. UB overpmt Total BARTHEL, TOM $54.14 Paid Chk# 021458 6/6/2005 BEACON ATHLETICS E 101-45100-210 Operating Supplies $48.96 0363331-IN Anchor plugs Total BEACON ATHLETICS $48.96 Paid Chk# 021459 6/6/2005 BUSSEY, CHARLES G 101-22800 Landscaping Escrow $3,000.00 Reimb. Escrow Bussey Total BUSSEY, CHARLES $3,000.00 Paid Chk# 021460 6/6/2005 CHARTER COMMUNICATIONS E 101-42000-405 Repair/Maint -Buildings $165.05 Internet services FD Total CHARTER COMMUNICATIONS $165.05 • Paid Chk# 021461 6/6/2005 CITY OF ALBERTVILLE G 101-22800 Landscaping Escrow $1,621.52 UB pmt MM Homes Total CITY OF ALBERTVILLE $1,621.52 Paid Chk# 021462 6/6/2005 CJ'S LINEN SERVICE E 101-42000-584 C/O - Turnout Gear $21.30 20077 Turnout Gear Cleaning Total CJ'S LINEN SERVICE $21.30 Paid Chk# 021463 6/6/2005 COURT & MACARTHUR E 101-41610-304 Legal Fees $31.25 Outlet Mall CUP E 101-41610-304 Legal Fees $31.25 Premier Bnak E 101-41610-304 Legal Fees $31.25 Quality Title E 101-41610-304 Legal Fees $218.75 Shoppes at Towne Lakes One E 468-49000-304 Legal Fees $125.00 1-94 Ramps E 101-41610-304 Legal Fees $31.25 Old Castle Glass E 101-41610-304 Legal Fees $31.25 Lecentre Ave Improvements E 101-41610-304 Legal Fees $31.25 D. Michael B's E 101-41610-304 Legal Fees $31.25 Shoppes at Towne Lakes 2 E 101-41610-304 Legal Fees $31.25 Towne Lakes 6 E 101-41610-304 Legal Fees $62.50 Old Castle Glass E 101-41610-304 Legal Fees $62.50 Philip Morris E 101-41610-304 Legal Fees $93.75 Labeaux Station E 468-49000-304 Legal Fees $187.50 1 -94 Ramps E 101-41610-304 Legal Fees $375.00 Pilot Litigation E 101-41610-304 Legal Fees $2,750.00 Edina Development Default E 101-41600-304 Legal Fees $2,253.25 General Services Mtgs, morator G 101-22825 Hunters Cove Escrow $1,906.25 Hunters Pass E 101-41610-304 Legal Fees $1,531.25 Edina Development Default E 101-41610-304 Legal Fees $687.50 Shoppes at Towne Lakes One E 101-41610-304 Legal Fees $468.75 Labeaux Station E 101-41610-304 Legal Fees $125.00 Towne Lakes 6 E 101-41610-304 Legal Fees $375.00 Towne Lakes 3 E 101-41610-304 Legal Fees $125.00 Kollville Estates 3 WFlublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 21 05/31/05 12:48 Pa! CITY OF ALBERTVILLE 05/31/05 if *Check Detail Register© June 2005 Check Amt Invoice Comment E 101-41610-304 Legal Fees $312.25 Albertville Dental E 101-41610-304 Legal Fees $281.25 Cedar Creek South III E 101-41600-304 Legal Fees $1,500.00 General services, council & st E 101-41610-304 Legal Fees $156.25 Albertville Corssings 3 E 470-49000-304 Legal Fees $93.75 Hwy 37 Trail E 101-41610-304 Legal Fees $125.00 Pilot Litigation G 101-22825 Hunters Cove Escrow $437.50 Hunter's Pass E 101-41610-304 Legal Fees $1,562.50 Parkside Commercial E 602-49400-300 Professional Srvs (GENERAL) $31.25 water E 101-41610-304 Legal Fees $31.25 Albert Villas 6 E 491-49000-304 Legal Fees $968.75 WWTF E 482-49300-304 Legal Fees $31.25 City Hall E 101-41610-304 Legal Fees $20.00 Prairie Run - Finken E 101-41610-304 Legal Fees $20.00 Towne Lakes 3 E 476-49000-304 Legal Fees $142.50 50th St Trail E 473-49000-304 Legal Fees $31.25 Prairie Run Improvements E 101-41600-304 Legal Fees $31.25 70th Street E 473-49000-304 Legal Fees $363.75 Prairie Run - Gold Key E 473-49000-304 Legal Fees $156.25 Prairie Run Improvements E 473-49000-304 Legal Fees $125.00 Prairie Run - Heuring E 473-49000-304 Legal Fees $125.00 Prairie Run - Gold Key E 476-49000-304 Legal Fees $31.25 Hwy 37 Trail E 473-49000-304 Legal Fees $82.50 Prairie Run - Heuring Total COURI & MACARTHUR $18,256.75 Paid Chk# 021464 6/6/2005 CROIX OIL COMPANY • R 101-00000-32110 Liquor Licenses $16.68 reimb. Overpmt liquor license Total CROIX OIL COMPANY $16.68 Paid Chk# 021465 6/6/2005 DAVIES WATER EQUIPMENT CO. E 602-49400-210 Operating Supplies $28.63 3287050 HHIV Adapter RF Antenna Total DAVIES WATER EQUIPMENT CO. $28.63 Paid Chk# 021466 6/6/2005 DXS TOTAL HOME CARE CENTER E 101-42000-404 Repair/Maint - $9.98 437/1 treatment motor Seafm, gas sta E 101-42000-404 Repair/Maint - $61.88 439/1 couple plug, air quickcon, con Total DJ'S TOTAL HOME CARE CENTER $71.86 Paid Chk# 021467 6/6/2005 EARL F. ANDERSON, INC. E 101-43100-226 Sign Repair Materials $135.69 0065784-IN street signs Total EARL F. ANDERSON, INC. $135.69 Paid Chk# 021468 6/6/2005 EGGEN'S DIRECT SERVICE, INC. E 101-45100-212 Motor Fuels $7.00 103842 Fuel E 601-49450-212 Motor Fuels $76.00 103853 Fuel E 101-43100-212 Motor Fuels $53.00 103858 Fuel E 101-42400-212 Motor Fuels $37.79 103863 Fuel E 101-45100-212 Motor Fuels $7.95 103872 Fuel E 601-49450-212 Motor Fuels $42.00 103873 Fuel E 101-43100-212 Motor Fuels $51.00 103874 Fuel E 101-43100-212 Motor Fuels $47.62 103886 Fuel E 101-45100-212 Motor Fuels $7.01 103887 Fuel E 602-49400-212 Motor Fuels $60.34 103897 Fuel E 601-49450-212 Motor Fuels $47.00 103898 Fuel Total EGGEN'S DIRECT SERVICE, INC. $436.71 Paid Chk# 021469 6/6/2005 ELAN FINANCIAL SERVICES E 101-41300-208 Training and Instruction $255.00 Annual Conf. LK MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 22 • CITY OF ALBERTVILLE *Check Detail Register© June 2005 Check Amt Invoice Comment E 101-41400-200 Office Supplies (GENERAL) $78.43 supplies, pop, etc E 101-41300-335 Education $377.55 Annual Conf. LK Total ELAN FINANCIAL SERVICES $710.98 Paid Chk# 021470 6/6/2005 EMERGENCY APPARATUS MNTC E 101-42000-404 Repair/Maint - $589.63 21624 Repairs on Engine #5 Total EMERGENCY APPARATUS MNTC $589.63 Paid Chk# 021471 6/6/2005 FIRE INSTRUCTION & RESCUE EDUC E 101-42000-107 Fire Training $3,120.00 04409 Fire Apparatus Operator Class Total FIRE INSTRUCTION & RESCUE EDUC $3,120.00 Paid Chk# 021472 6/6/2005 FRIENDLY CITY DAYS COMMITTEE R 101-00000-36200 Donations $4,000.00 Donation FCC Lions Total FRIENDLY CITY DAYS COMMITTEE $4,000.00 Paid Chk# 021473 6/6/2005 FTTH COMMUNICATIONS E 101-43100-321 Telephone $38.97 3003071 internet Total FTTH COMMUNICATIONS $38.97 Paid Chk# 021474 6/6/2005 FUTRELL FIRE CONSULT & DESIGN E 101-41000-300 Professional Srvs (GENERAL) $460.00 18180 Labeaux Stations Project G 101-22825 Hunters Cove Escrow $258.75 18181 Hunters Pass E 101-41000-300 Professional Srvs (GENERAL) $172.50 18182 Quality Title Bldg Total FUTRELL FIRE CONSULT & DESIGN $891.25 • Paid Chk# 021475 6/6/2005 G.R. MECHANICAL PLBG & HTG INC E 101-42000-405 Repair/Maint -Buildings $237.50 6655 Tested RPZ in tanker fill line Total G.R. MECHANICAL PLBG & HTG INC $237.50 Paid Chk# 021476 6/6/2005 GOPHER STATE ONE -CALL E 601-49450-209 Locates $241.65 5040130 Locates - Sewer Dept E 602-49400-209 Locates $241.65 5040130 Locates - Water Dept Total GOPHER STATE ONE -CALL $483.30 Paid Chk# 021477 6/6/2005 HEALTH PARTNERS G 101-21706 Group Insurance Payable $1,716.45 Emp Health/Dental Ins Emp Port E 101-42400-130 Employer Paid Ins $1,361.52 Emp Health/Dental Ins E 101-43100-130 Employer Paid Ins $1,295.32 Emp Health/Dental Ins E 602-49400-130 Employer Paid Ins $629.71 Emp Health/Dental Ins E 101-41300-133 Employer Paid Dental $377.80 Emp Health/Dental Ins E 101-41500-131 Employer Paid Health $417.21 Emp Health/Dental Ins E 101-451.00-130 Employer Paid Ins $577.26 Emp Health/Dental Ins E 101-41400-131 Employer Paid Health $927.16 Emp Health/Dental Ins E 601-49450-130 Employer Paid Ins $577.26 Emp Health/Dental Ins Total HEALTH PARTNERS $7,879.69 Paid Chk# 021478 6/6/2005 INSPECTRON INC. E 101-42400-300 Professional Srvs (GENERAL) $5,075.00 Jan - April 05 Services Total INSPECTRON INC. $5,075.00 Paid Chk# 021479 6/6/2005 JENKINS, MICHAEL E 101-43100-331 Travel Expenses $41.72 Mileage Maint. School Total JENKINS, MICHAEL $41.72 Paid Chk# 021480 6/6/2005 JTS AUTO SERVICE R 101-00000-32210 Building Permits $83.40 Refund overpmt liquor license Total JTS AUTO SERVICE $83.40 05/31 /05 12:48 Pa! MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 23 CITY OF ALBERTVILLE 05/31/05if *Check Detail Register© June 2005 Check Amt Invoice Comment Paid Chk# 021481 6/6/2005 KAUNA, FRANKLIN R 602-00000-99999 UNALLOCATED UTILITY $10.00 refund overpmt UB Total KAUNA, FRANKLIN $10.00 Paid Chk# 021482 6/6/2005 KOLPIN POWER SPORTS E 101-45100-404 Repair/Maint- $300.00 12124 KYB Cylinder, Marinco Plug Total KOLPIN POWER SPORTS $300.00 Paid Chk# 021483 6/6/2005 M M HOMES G 101-22800 Landscaping Escrow $4,378.48 Escrow Reimb. Less UB pmt Total M M HOMES $4,378.48 Paid Chk# 021484 6/6/2005 MCBRIDE, CORY G 101-22800 Landscaping Escrow $2,500.00 Reimb Escrow Total MCBRIDE, CORY $2,500.00 Paid Chk# 021485 6/6/2005 MCFOA E 101-41400-208 Training and Instruction $28.50 Monthly Meeting BM Total MCFOA $28.50 Paid Chk# 021486 6/6/2005 MENARDS E 101-45100-530 Improvements Other Than $141.53 58462 Fill & seal, coupling, geardri Total MENARDS $141.53 Paid Chk# 021487 6/6/2005 Mil LIFE E 101-41500-101 Full -Time Employees Regular $2.40 Emp Life Ins E 601-49450-130 Employer Paid Ins $3.90 Emp Life Ins E 101-42400-130 Employer Paid Ins $18.90 Emp Life Ins E 101-43100-130 Employer Paid Ins $18.00 Emp Life Ins E 101-41300-133 Employer Paid Dental $14.10 Emp Life Ins G 101-21710 Other Deducations $7.50 Emp Life Ins Emp Portion E 101-45100-130 Employer Paid Ins $3.90 Emp Life Ins E 602-49400-130 Employer Paid Ins $3.90 Emp Life Ins E 101-41400-131 Employer Paid Health $4.80 Emp Life Ins Total Mil LIFE $77.40 Paid Chk# 021488 6/6/2005 MILLER TRUCKING/LANDSCAPING SU E 602-49400-407 R/M - Water Mains $16.00 1 1/2 buff 5 yds Total MILLER TRUCKING/LANDSCAPING SU $16.00 Paid Chk# 021489 6/6/2005 MN DEPT. OF PUBLIC SAFETY E 601-49450-210 Operating Supplies $25.00 86005000904 Hazardous Chemical Inventory F Total MN DEPT. OF PUBLIC SAFETY $25.00 Paid Chk# 021490 6/6/2005 MTR SERVICES INC E 602-49400-300 Professional Srvs (GENERAL) $270.00 clean holding pond by DJS lift Total MTR SERVICES INC $270.00 Paid Chk# 021491 6/6/2005 NEXTEL COMMUNICATIONS E 101-41400-323 Nextel Radio Units $40.34 718183318-0 Nextel Phones E 101-45100-323 Nextel Radio Units $40.34 718183318-0 Nextel Phones E 101-41400-323 Nextel Radio Units $40.34 718183318-0 Nextel Phones E 101-42400-323 Nextel Radio Units $40.34 718183318-0 Nextel Phones E 101-42400-323 Nextel Radio Units $40.34 718183318-0 Nextel Phones E 101-43100-323 Nextel Radio Units $40.34 718183318-0 Nextel Phones E 101-43100-323 Nextel Radio Units $41.41 718183318-0 Nextel Phones E 101-41300-321 Telephone $47.79 718183318-0 Nextel Phones E 101-45100-323 Nextel Radio Units $48.44 718183318-0 Nextel Phones • MAPublic DataTity CouncilTouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 24 • CITY OF ALBERTVILLE *Check Detail Register© June 2005 Check Amt Invoice Comment E 602-49400-323 Nextel Radio Units $128.22 718183318-0 Nextel Phones E 601-49450-323 Nextel Radio Units $40.78 718183318-0 Nextel Phones E 101-43100-323 Nextel Radio Units $40.34 718183318-0 Nextel Phones - Total NEXTEL COMMUNICATIONS $589.02 Paid Chk# 021492 6/6/2005 NORTHERN TRAFFIC SUPPLY, INC. E 101-43100-226 Sign Repair Materials $63.90 25-10558 signs Total NORTHERN TRAFFIC SUPPLY, INC. $63.90 Paid Chk# 021493 6/6/2005 NORTHLAND CHEMICAL CORP. E 101-41940-210 Operating Supplies $59.43 90280 sani-bath non acid cleaner Total NORTHLAND CHEMICAL CORP. $59.43 Paid Chk# 021494 6/6/2005 OFFICE MAX - A BOISE COMPANY E 101-41400-200 Office Supplies (GENERAL) $201.42 074130 pens, fax ppr, ink E 101-41400-200 Office Supplies (GENERAL) $1.59 082607 ink E 101-41400-200 Office Supplies (GENERAL) $21.51 173323 phone mess pads E 101-42400-200 Office Supplies (GENERAL) $78.75 267712 deskjet ink, pens, ribbon E 101-41400-200 Office Supplies (GENERAL) $72.03 960766 stamps, cups, ppr, bus cards Total OFFICE MAX - A BOISE COMPANY $375.30 Paid Chk# 021495 6/6/2005 PINNACLE PRINTING, INC. E 101-41100-300 Professional Srvs (GENERAL) $724.20 4399 newsletter Total PINNACLE PRINTING, INC. $724.20 Paid Chk# 021496 6/6/2005 PITNEY BOWES E 101-41400-322 Postage $770.02 80009000019 postage Total PITNEY BOWES $770.02 Paid Chk# 021497 6/6/2005 REED BUSINESS INFORMATION E 101-43100-223 Seal Coating $135.34 2892529 bids E 101-43100-224 Street Overlayment $171.70 2909169 street overlay bid Total REED BUSINESS INFORMATION $307.04 Paid Chk# 021498 6/6/2005 ROGERS GOODYEAR E 101-42000-404 Repair/Maint - $39.59 6027 repair right inner duel FD Res Total ROGERS GOODYEAR $39.59 Paid Chk# 021499 6/6/2005 S.E.H. E 491-49000-303 Engineering Fees $2,061.00 129583 WWTF Expan E 101-42400-300 Professional Srvs (GENERAL) $1,650.00 129970 Lot Surveys E 101-41710-303 Engineering Fees $1,765.50 129971 Albert Villas 6th E 465-49000-303 Engineering Fees $67.90 129972 CSAH 19 Upgrade E 470-49000-303 Engineering Fees $75.75 129973 GSAG 37/194 Off Ramp Signal E 476-49000-303 Engineering Fees $271.59 129974 Primary School Ball Fields E 101-41710-303 Engineering Fees $266.53 129975 Shoppes at Towne Lakes E 101-43100-224 Street Overlayment $131.56 129976 04 St. Overlay E 101-43100-223 Seal Coating $65.78 129977 04 St. Seal Coat G 101-22825 Hunters Cove Escrow $602.27 129978 Hunter's Pass E 101-41710-303 Engineering Fees $153.65 129979 Towne Lakes 5th E 101-41710-303 Engineering Fees $56.00 129980 Albertville Detnal E 101-41700-303 Engineering Fees $2,743.31 129980 general servies, council mtgs, E 101-41710-303 Engineering Fees $112.00 129980 Old Castle Glass E 101-41710-303 Engineering Fees $189.60 129980 Parkside Commercial E 101-41710-303 Engineering Fees $56.00 129980 Mooney 2nd Addition E 101-41700-303 Engineering Fees $2,101.00 130176 GIS services E 101-41700-303 Engineering Fees $951.60 130496 Cedar Creek Trail Easements E 101-41700-303 Engineering Fees $186.00 130497 Mud Lake Water main Crossing • MAPublic DataTity CouncihCouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 25 05/31 /05 12:48 Pal CITY OF ALBERTVILLE 05/31/05 S *Check Detail Register© June 2005 Check Amt Invoice Comment E 473-49000-303 Engineering Fees $1,626.52 130660 Prairie Run E 476-49000-303 Engineering Fees $10,625.18 130661 04 CSAH 37 Bike Path E 476-49000-303 Engineering Fees $1,639.37 130662 School Pedestrain and Bike Tra Total S.E.H. $27,398.11 Paid Chk# 021500 6/6/2005 SPRINT- MO E 101-41940-321 Telephone $220.76 taxes & surcharges E 101-41940-321 Telephone $178.57 497-3384 E 101-42000-321 Telephone $48.78 497-7485 E 101-42400-321 Telephone $55.73 497-5106 E 101-41940-321 Telephone $50.23 497-3758 E 101-42400-321 Telephone $48.78 497-7416 E 101-41940-321 Telephone $48.78 497-4182 E 101-41940-321 Telephone $48.78 497-3106 E 101-42000-321 Telephone $39.99 497-4836 E 101-41940-321 Telephone $39.95 497-3145 E 101-41940-321 Telephone $39.95 497-0179 E 101-42000-321 Telephone $31.04 497-7474 E 101-43100-321 Telephone $30.00 497-0774 E 101-41940-321 Telephone $22.06 Idst E 101-41940-321 Telephone $25.51 497-2215 E 101-41940-321 Telephone $26.80 497-1888 E 101-41940-321 Telephone $29.01 497-4214 E 101-41940-321 Telephone E 101-41940-321 Telephone $30.00 $29.18 497-0452 497-3210 • E 101-42400-321 Telephone $109.17 497-5007 Total SPRINT- MO $1,153.07 Paid Chk# 021501 6/6/2005 TOSHIBA AMERICA INFO SYS INC E 101-41400-413 Office Equipment Rental $496.16 Copier Maintenance Agreement Total TOSHIBA AMERICA INFO SYS INC $496.16 Paid Chk# 021502 6/6/2005 VIKING TROPHIES, INC. E 101-42050-437 Misc. Donations $18.53 74563 plates & engraving FD Donation Total VIKING TROPHIES, INC. $18.53 Paid Chk# 021503 6/6/2005 WRIGHT COUNTY HIGHWAY DEPT. E 101-43100-226 Sign Repair Materials $346.71 4540 signs, supplies, etc Total WRIGHT COUNTY HIGHWAY DEPT. $346.71 Paid Chk# 021504 6/6/2005 WRIGHT CTY AUDITORITREASURER E 101-41550-300 Professional Srvs (GENERAL) $29,943.50 055-05 Assessment Contract Total WRIGHT CTY AUDITOR/TREASURER $29,943.50 Paid Chk# 021505 6/6/2005 WRIGHT-HENNEPIN COOPERATIVE E 101-43160-381 Electric Utilities $51.55 Street Lighting - 58-59-60 St. E 601-49450-381 Electric Utilities $38.05 Towne Lakes Lift Station E 101-45100-381 Electric Utilities $132.48 parks Total WRIGHT-HENNEPIN COOPERATIVE $222.08 Paid Chk# 021506 6/6/2005 XCEL ENERGY E 601-49450-381 Electric Utilities $30.30 27233278 5900 CR 18 Lift Station/ 52nd E 101-45100-381 Electric Utilities $23.26 51457964030 11830 51st St E 101-43100-381 Electric Utilities $284.33 51460281660 6461 Maciver Ave E 101-41940-381 Electric Utilities $255.07 51468978490 5975 Main Ave E 101-42000-381 Electric Utilities $230.55 51468978490 11350 57th St E 101-45100-381 Electric Utilities $34.41 51468978490 Picnic Shelter E 101-43160-381 Electric Utilities $23.22 51468978500 11750 County Road 37 Signal MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 26 • 0 • CITY OF ALBERTVILLE *Check Detail Register© E 101-41940-381 Electric Utilities E 101-42400-381 Electric Utilities E 101-41940-381 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 101-41940-381 Electric Utilities Total XCEL ENERGY June 2005 Check Amt Invoice Comment $43.28 51475240120 6002 Main Ave $46.27 51477097970 5964 Main Ave $20.88 51511236300 5998 Labeaux Ave NE $7.43 51538187690 11474 58th St $3.12 51555641080 5799 Lander Ave $100.24 51580789340 11401 58th St $26.48 51596246090 11060 61st St Signal $223.88 51606534810 11200 60th Sewer Lift Station $2,025.72 51636362260 6451 Maciver Ave $3.35 51644391160 civil defense fire siren $3,381.79 10100 Premier Bank $120,750.25 Fund Summary 10100 Premier Bank 101 GENERAL FUND $97,073.81 465 2003 CSAH 19 WIDENING $67.90 468 CSAH 19 RAMPS/I 94 Project $312.50 470 CSAH 37 $169.50 473 PRAIRIE RUN $2,510.27 476 SCHOOL PEDESTRIAN - BIKE TRAIL $12,709.89 482 CITY HALL 2004-5 $31.25 491 WWTF Phase 2 $3,029.75 601 SEWER FUND $3,371.54 602 WATER FUND $1,473.84 $120,750.25 05/31 /05 12:48 Pal MAPublic Data\City CouncilTouncil Agendas\2005 AgendasW 06-06-05 packet draft.doc 27 0 A SEH 0 TO: FROM: DATE: RE: MEMORANDUM Larry Kruse Albertville City Administrator Robert Moberg, PE Project Manager May 26, 2005 Albertville, MN Kollville Estates 3rd Addition Letter of Credit Reduction SEH No. A-ALBEV0321.00 I have reviewed the developer's request to reduce the Letter of Credit and I have also reviewed the work completed to date. Kahl Avenue between 6 1 " Place and 62" d Street has a substantial amount of surface damage that must be repaired with a seal coat overlay. 62nd Street also has a substantial amount of surface damage that must be repaired by a seal coat overlay. Finally, the bituminous trail north of 62nd Street needs a 1-inch bituminous overlay to address the condition of its surface. The developer is requesting a reduction from the current amount of $140,000 to a total of $46,720. The cost of the warranty work identified above is less than the reduced total requested by the developer. Therefore, I recommend that the Letter of Credit be reduced from $140,000 to no less than $46,720. Please call me at 651.490.2147 if you have questions. nm c: Mike Couri, City Attorney Scott Dahlke, Quality Site Design, LLC z:\ae\albev\common\Kollville3rdLCRed052605.doc M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 29 • May 31 a, 2005 To the attention of: Albertville City Council, and Al Erickson, Alcohol and Gambling Enforcement Division, Subiect. Address specifications on liquor license applications Dear City Council Members and Mr. Erickson, I wish to share with you an explanation of the addresses used on the applications_ The address used for Twin Star Food & Beverage Co., Inc., is the address of my attorney Dave Lenhardt. He specified that since both Smackdowns Bar and Grill, and I both use P.O. boxes for our primary addresses, that it would be best if we used his office address as a temporary address for the filing of corporate documents. My attorney's address (used on incorporation documents) is: Twin Star Food & Beverage Co., Inc. CIO David Lenhardt, Esq. 12725 — 43`d St. NE St. Michael, MN 55376 The address of the business, Smackdowns Bar and Grill, is physically located at 5755 Main Ave NE, Albertville, MN 55301, and is the address used on our Certificate of Liability insurance. As a precaution for avoiding lost or misplaced mail at the business location, etc., Smackdowns Bar and Grill uses a P.O. box, whose address is: P.O. Box 51, Albertville, MN 5530`1. I hope this clarifies any questions regarding the various addresses used on the applications, and the P.O. Boxes were not used due to restrictions placed by governing licensing and state authorities. If any changes are required, as we did not wish to change or alter any fields on the forms after they were signed by the Wright County Sheriff, please contact me at 763478-3922 (h), 763- 497-9325 (w), or at my email address of -� . a Sincerely, r Jolii�J Mabusth President, Twin Star Food & Beverage Co., Inc. ATublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 31 • CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2005-20 A RESOLUTION PROHIBITING TOBACCO USE ON CITY OWNED OUTDOOR RECREATIONAL FACILITIES WHEREAS, the City of Albertville believes that tobacco use in the proximity of children and adults engaging in or watching outdoor recreational activities at City -owned or operated facilities is detrimental to their health and can be offensive to those using such facilities; and WHEREAS, the City of Albertville has a unique opportunity to create and sustain an environment that supports a non -tobacco norm through a tobacco -free policy, rule enforcement, and adult -peer role modeling on City -owned outdoor recreational facilities; and WHEREAS, the City of Albertville believes parents, leaders, and officials involved in recreation are role models for youth and can have a positive effect on the lifestyle choices they ISmake; and WHEREAS, the tobacco industry advertises at and sponsors recreational events to foster a connection between tobacco use and recreation; and • WHEREAS, cigarettes, once consumed in public spaces, are often discarded on the ground requiring additional maintenance expenses, diminish the beauty of the City's recreational facilities, and pose a risk to toddlers due to ingestion; and WHEREAS, the Albertville City Council determines that the prohibition of tobacco use at the City's recreational facilities serves to protect the health, safety and welfare of the citizens of our community. Tobacco use prohibited in outdoor recreational facilities No person shall use any form of tobacco products at or on any City -owned or operated outdoor recreational facilities, including the restrooms, spectator, and concession areas. These facilities include parkland, park facilities, walking/hiking trails, and open space. MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 33 Enforcement • 1. Appropriate signs shall be posted in the above -specified areas. 2. The community, especially facility users and staff, will be notified about this policy. 3. Staff will make periodic observations of recreational facilities to monitor for compliance. 4. Any person found violating this policy may be subject to immediate ejection from the recreation facility for the remainder of the event. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Albertville, Minnesota, does hereby establishes this policy. Adopted this 6th day of June 2005 by the City Council of the City of Albertville. Don Peterson, Mayor Bridget Miller, City Clerk • • MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 34 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2005-19 A RESOLUTION ADOPTING THE POLICY THAT DEFINES THE ALBERTVILLE PARKS COMMITTEE ESTABLISHMENT, VISION, MISSION, PURPOSE, AND ORGANIZATION NOW THEREFORE BE IT RESOLVED that the City Council of Albertville, Minnesota hereby establishes the following policy: Article I: Name of the Committee The name of the organization shall be the Albertville Parks Committee. Article II: Vision, Mission and Purpose Section 1. Vision: isThe vision of the Parks Committee is to create, sustain and preserve excellent parks, trails and open spaces to enhance the lives of current and future generations of Albertville residents. Section 2. Mission: The mission of the Parks Committee is to contribute vision, leadership and recommendations to the Albertville City Council for the best use and development of Albertville's parks, trails and open spaces. Section 3. Purpose: The purpose for which this Parks Committee is organized shall be to work as a team to: 1. Study and determine the park, recreation and open space needs of the City and serve as an advisory body providing recommendations to the City Council on matters pertaining to the planning, programming, evaluating and funding of park and recreation facilities and programs. 2. Recommend annual priorities to the City Council Members, with reference to the City of Albertville Master Plan for Parks, Trails and Open Space, for the acquisition, development, operation and maintenance of recreation areas, natural areas, facilities and programs. The recommended annual plan for the 49 ensuing fiscal year, together with an estimate of the cost thereof, shall be submitted no later than July 1 st for the following calendar year. MAPublic Data\City CouncilCouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 35 3. Support the mission of the Albertville Parks Department. • Article III: Membership Section 1. Committee Structure: The City Parks Committee shall consist of six (6) members: 1. Two (2) Albertville City Council members 2. Four (4) citizen members All members must be Albertville residents and all shall have equal rights and privileges. Section 2. Appointment of Members: 1. The City Council shall directly appoint their representatives. 2. The remaining members shall apply for the position according to the following procedure: On -going Membership Application Procedure 1. Any vacancies shall be posted in the official newspaper, and a notice shall be published in the city newsletter. Applicants will be asked to write a letter of interest and include a resume. 2. All applications shall be submitted to the City Clerk at the City Hall. The City Council shall review all applications and make a appointment to the Committee by majority vote. Letter of Interest 1. A Letter of Interest containing the following questions will be sent to all interested applicants. a. Please tell us why you are interested in applying. b. Please tell us about your work experiences. c. Please tell us about any prior or current civic involvement. d. Please tell us about your educational experiences. e. Please tell us about any "life experiences" that my help you fulfill a committee position. f. Please tell us what time commitment you can provide your committee beyond regular meetings. g. Please tell us what you think you can contribute. h. Please disclose any affiliations that may be construed as a conflict of interest. • MAPublic Data\City Council\Council Agendas\2005 Agendw\A 06-06-05 packet &aft.doc 36 • Article IV: Term of Office Section 1: Term and Term Limits: The term of the members shall be for two (2) years, and shall be staggered so that no more than three members' terms expire in a given year. All regular terms shall expire December 31 ". Current members must reapply for appointment, if interested. All members shall not serve more than two (2) consecutive two (2) year terms. Upon completion of the terms, a member may be eligible for reappointment after one (1) year of non -membership. To ensure that the terms are staggered, the charter members will have the following initial terms: Mayor or Council member 1-year term Council member 1-year term Citizen A 2-year term Citizen B 1-year term Citizen C 2-year term Citizen D 1-year term Section 2: Early Dismissal: Any member of the Parks Committee who misses three consecutive meetings per year, or acts in a manner inappropriate to the duties of the Parks Committee is subject to removal at the pleasure of the Albertville City Council. Article V: Vacancy Any vacancy in the regular membership prior to term expiration shall be filled by the City Council and such appointee shall serve for the unexpired term so filled. Said appointee may serve additional terms pursuant to Article IV, Section 2 and Article V, Section 1. Article VI: Officers Section 1. Appointments: Officers shall be appointed at the first regularly scheduled meeting of the new year. The Parks Committee shall appoint from its membership a chair and vice - chair. Section 2. Duties of Chair: The chair shall preside at all meetings of the Parks Committee and shall have the duties normally conferred by parliamentary usage of such officers. The Chair shall work with the Parks Director to establish the agenda for the meetings. Section 3. Duties of Vice -Chair: The vice -chair shall act for the chair in his/her absence. 0 Section 4. Duties of Secretary: WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet dratl.doc 37 The City Clerk shall serve as secretary to the Parks Committee. The secretary • shall keep the minutes and records; and with the assistance of staff as is available, arrange proper and legal notice of hearings when necessary, attend to the correspondence of the Committee and other duties as are normally carried out by a secretary. Section 5. Public Works Su ervisor The Public Works Supervisor shall serve as the city employee representative to the Parks Committee. The PW Supervisor shall assist staff with preparation of agendas, arrange proper and legal notice of hearings when necessary, and other duties as are normally carried out by a city employee representative. Article VII: Compensation Starting January 1, 2006, Committee members shall receive $25.00 per diem for attending their regular meetings. Per diem for special meetings will be subject to approval by the City Council. Article VIII: Chanain2 & Amendin This policy may be amended as deemed necessary by the Parks Committee. Such amendments shall be in writing and may not be acted upon with less than thirty (30) days prior written notice and must have two-thirds (2/3) majority vote to be recommended to the City Council for their action. Article IX: Meetings 1. Regular meetings will be held bi-monthly. The meeting night shall be the 4t' Monday of the month at 6:30 p.m. In the event of a conflict with holidays or other events, the Chairperson may change the date with proper notice. 2. Special meetings may be called by the Chairperson or any two duly appointed members. 3. The Committee may establish and appoint committees. These committees shall meet at the direction of the Committee and shall report back to the Committee. 4. All meetings shall be open to the general public and shall follow Roberts Rules of Order, Simplified and Applied, unless otherwise specified and/or applicable. Article X.Quorum: 1. A quorum consisting of a majority of duly appointed members shall be present at any meeting in which official action is taken. MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 38 • City of Albertville MEMORANDUM TO: Mayor and City Council FROM: John Middendorf, Wastewater Department DATE: June 1, 2005 SUBJECT: Wastewater Treatment Facility Report Pump No. 2 at the Main Lift Station burned out on May 3rd. It is in the process of being rebuilt. On Friday, May 2e Pump No. 1 quit working leaving only Pump No. 3 running. Later during the day Pump No. 3 tripped out on a high temp. I rented a portable pump from Ziegler. By the time the portable pump showed up we found the problem with Pump No. 1. A relay had burned out causing it not to run. After Pump No. 3 cooled down it began working again. I kept the rented portable pump over the weekend just incase. 0 JM:bmm WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet dmfi.doc 39 • CITY OF ALBERTVILLE Applicant's Name: Michael Anderson City Council Findings of Fact & Decision Albertville — Anderson CUP Request: Mr. Anderson is requesting the approval of a CUP to allow for a detached garage on his home property. The request includes the approval of the following application: • Conditional Use Permit (CUP) Planning Commission Public Hearing Date: May 10, 2005 City Council Meeting Date: June 6, 2005 Findings of Fact: Based on the review of the application and documentation received, the city council presents the following findings of fact: A. The property is located at 11808 50'h Street and is zoned "R-1", Residential Single Family. 41 B. The planning report dated May 5, 2005 from Northwest Associated Consultants, along with the engineering report dated April 8, 2005 from SEH were reviewed and presented to the Planning Commission. C. The Planning Commission reviewed the application of a public hearing and recommended that the city council approve the application with the condition outlined in the Planner's May 5, 2005 report. D. The property is zoned "R-1", Residential Single Family, which requires a CUP for more than one (1) attached or detached garage per single family lot. E. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. F. Traffic Generated by the proposed use is within capabilities of streets serving the property as proposed. G. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. H. 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. MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet dmft.doc 41 I. The proposed development will be compatible with present and future land uses of the area. J. The proposed use conforms to all applicable Zoning Ordinance performance standards. K. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: The City Council moves to APPROVE the CUP based on the above information and detailed plans submitted by the applicant to date subject to the following conditions: Garage meets setbacks required by the R-1 district. 2. The garage will not be used for business or home occupation. 3. The driveway grading shall be subject to the City Engineer's review and comments. 4. Additional comments from City staff, Planning Commission, and City Council. Adopted by the Albertville City Council this 6th of June 2005. Bridget Miller, City Clerk S Don Peterson, Mayor • MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 42 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Malley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Larry Kruse, City Administrator FROM: Ann Kluessendorf / Al Brixius DATE: May 5, 2005 RE: Albertville - Anderson Garage Conditional Use Permit NAC FILE: 163.06 — 05.12 BACKGROUND The subject property is zoned "R-l", Residential Single Family. A conditional use permit is required for more than one (1) detached or attached private garage for each single family dwelling. The applicant is seeking to add a detached garage to his property. The detached garage will be used as storage space and will be located directly behind the existing house measuring six hundred (600) square feet in area. The proposed detached garage will be constructed in gable roof fashion and be clad in 12" smooth hardboard lap siding. The applicant's existing two hundred (200) square foot attached garage will remain and be converted into bedroom living space. The applicant has indicated that the side yard setbacks will be thirty-five (35) feet to the west property line and thirty five (35) feet to the east property line. Rear yard setback has not been indicated on the submitted site plan. According to Ordinance (Section 1000.4 Subd.(h) 1-4), a conditional use permit may be granted, provided that: 1) There is a demonstrated need and potential for continued use of the structure and the purpose is stated. 2) The building has an evident re -use function related to the principal use. 3) Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. 4) The provisions of Section 400.2(e) of this Chapter shall be considered and determination made that the proposed activity is in compliance with such criteria. MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 43 Attached for reference: Exhibit A: Site Map (3 pages) • Exhibit B: City Engineer Comments Dated 4/11/05 ANALYSIS Conditional Use Permit. The applicant indicates that the purpose of the larger garage is to house personal automobiles. The detached garage would replace an existing attached garage that is deemed to small to house a truck. According to Zoning Ordinance for accessory buildings, the rear setback shall not be less than ten (10) feet. The submitted application has not indicated dimension of the rear setback. With the exception of the rear setback, the proposal appears to meet the City's requirements for garage construction. Action Requested. Following a public hearing, the Planning Commission may consider one of the following actions: 1. Approval of the CUP, based on a finding that the proposed garage is consistent with the requirements of the zoning ordinance, subject to compliance with the setback standards. 2. Denial of the CUP, based on a finding that the proposed location is inconsistent with the zoning requirements for setback. RECOMMENDATION Planning staff recommends approval of the CUP. The garage appears to be consistent with the City's regulations relating to such structures. This recommendation would include the following conditions: Location of the garage meets the zoning standards for setbacks and does not interfere with septic drain field. 2. Garage construction is consistent with the architecture and materials of the existing home. 3. Garage will not be used for business or home occupation. PC: Jon Sutherland Mike Couri Mark Kasma Michael Anderson • r� MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet dreft.doc 44 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Albertville - LaBeaux Station Preliminary Plat CUP/PUD Applicant's Name: Cascade II Land Company LLC Request: Cascade II Land Company, LLC is requesting approval for the development of a site to include office space, retail, and restaurants. The request includes the approval of the following applications: 1. Preliminary Plat 2. Conditional Use Permit / Planned Unit Development Planning Commission Public Hearing Date: May 10, 2005 City Council Meeting Date: June 6, 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 property is located north of 57t' Street NE and immediately east of Albertville Crossings 3'd Addition. B. The planning report dated May 5, 2005 from Northwest Associated Consultants as well as the engineering report dated May 4, 2005 from Bolton & Menk, Inc. were reviewed and presented to the Planning Commission. C. The Planning Commission held a public hearing and reviewed the application. Upon completion of their review, the Planning Commission has recommended to the City Council approval of the application subject to the conditions outlined in these findings. D. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. E. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. F. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. WPublic Data\City CoundhCouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 45 G. The proposed actions have been considered in relation to the specific policies and • provisions of and have been found to be consistent with the Comprehensive Plan. H. The proposed development will be compatible with present and future land uses of the area. I. The proposed use conforms to all applicable Zoning Ordinance performance standards. J. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the Preliminary Plat and PUD/CUP based on the most current plans and information received to date subject to the following conditions: Preliminary Plat The north end of Lachman Avenue be flared to the east to accommodate the alignment of this street with Lachman Avenue at 60th Street. The City Engineer will identify the specific street right-of-way alignment. 2. Lot 1, Block 2 be enlarged to increase the amount of on -site parking for the restaurant. 0 3. Ten foot drainage and utility easements shall be required along the perimeter of the plat. 4. Developer and City will enter into a development agreement that allows parking over the City's sanitary sewer easement with the understanding that the City may disrupt the parking area to maintain or repair this utility. All parking lot repair or replacement shall be the property owner's responsibility and expense. 5. The applicant shall establish recordable easements separate from the preliminary plat for shared access and parking across the lots. Said easements shall be subject to review and approval of the City Attorney. 6. The plat shall pay the required park land dedication of $7,500 per acre with the final plat. The City Council shall decide if some land dedication will be required in addition to a cash contribution. 7. The applicant shall extend a sidewalk along the north side of 57th Street and the west side of Lachman Avenue. All sidewalks shall also link into the parking lots and pedestrian ways within the site. MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 46 • Planned Unit Development l . Establish cross access and parking easements across the plat. 2. Parking/circulation. a. All parking areas shall have stalls 20 feet in length, nine feet in width, and a drive aisle width of 22 feet. Additional driveway width may be required for truck routes. b. The site design shall be modified to accommodate semi -truck service through Lots 2, 3, and 4 without interfering with parking stalls, curb islands, and buildings. C. Parking for Lot 1, Block 1 will be calculated using the shopping center parking ratio of 5.5 stalls per 1,000, requiring 72 parking stalls. Lot 2, Block 1 shall be required to provide 74 parking stalls. The excess parking supply shall be eliminated to increase green space, additional landscape islands, and improve truck circulation patterns. d. Additional disability parking stalls in Lot 2, Block 1. e. All striped areas in the parking lots shall be parking islands with raised curb. 3. Drive Through Lane a. All drive through lanes shall provide 120 feet of automobile stacking. Stacking lanes shall be separate from other traffic lanes. This may eliminate one of the drive lanes on Lot 1, Block 1. b. The drive through lanes shall illustrate location of menu boards. C. Landscaping screening shall be required along the west lot line of Lot 2, Block 1 to screen the back of the building and the drive through lane. 4. Trash Enclosure a. The loading and trash enclosure identified within Lot 2, Block 2 shall be relocated to the north of the building. 5. Grading and Utility a. The grading, drainage, and utility plan shall be subject to the conditions outlined within the City Engineer's report dated May 4, 2005. M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 47 b. All issues related to on site wetlands, including delineation and mitigation, will be subject to approval by the Wright County Soil and Water Conservation District. 6. Landscaping a. The landscaping plan shall be revised to include additional trees and shrubs throughout the site area. b. Fruit bearing trees will be prohibited within all landscaped islands. The applicant shall submit landscaped island details that show all trees and the light pole fixtures. c. Financial securities to guarantee the installation and survivability of the improvements shall be provided as required by Ordinance. 7. Additional Conditions a. Outdoor storage within the site area shall be prohibited. b. Individual sign permits shall be required for all proposed signage within the site area consistent with the approved comprehensive sign plan. 1. Wall signage shall not exceed 64 square feet or 15% whichever is less per tenant bay. i 2. Approval of the pylon sign 29 feel high and 212 square feet in area. 3. Monument signage shall not exceed 12 feet high or 73 square feet in area. 4. Window signage shall not exceed 10% of the tenant bay windows. 5. The applicant shall provide to the City all proposed traffic control and directional sign plans for review and approval. c. A development agreement shall be required and prepared by the City Attorney. d. Pedestrian access into the site from public sidewalks. Adopted by the Albertville City Council this 61h of June 2005. Don Peterson, Mayor Bridget Miller, City Clerk • MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc is I * rl9 vs e s his ri foods W� 7L/c,K /0 X W6 o c rsfl ka ll T Eu,s T So yl O�r� �. N ko \: p 1° 6x o \ \ \ C'T; t E� - MAR 1 `t \Inspections wilding fool 28 EXHIBIT A • 29 13 • o 30 N V o -A SEH TO: FROM: DATE: RE: MEMORANDUM Jon Sutherland Albertville Building Official "obert Moberg, PE Project Manager April 8, 2005 Conditional Use Permit — Detached Garage 11808 500' Street Albertville, Minnesota SEH No. A-ALBEV0501.00 1 C:AO�� r I have reviewed the proposed site plan for installation of a detached garage at the address shown above. I have the following comment on the plan: 1. The property owner shall verify the setback requirements are met for the proposed driveway. The site plan is approved, subject to the conditions identified above. Please call me at 651.490.2147 if you have questions. Attachment C: Larry Kruse, City Administrator Alan Brixius, NAC Inc. nm x%w\am�-Oo5oiomsuverlmidWB05.d« EXHIBT B Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer I www.sehinc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax 31 . } I • NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 783.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Larry Kruse, City Administrator FROM: Michael Darrow / Alan Brixius DATE: May 5, 2005 RE: Albertville — LaBeaux Station — CUP/PUD NAC FILE: 163.06 - 05.14 BACKGROUND Cascade II Land Company, LLC has submitted an application for Preliminary Plat and Conditional Use Permit / Planned Unit Development for the development of Outlot A, Park View Place. The site is located north of 57`h Street NE and immediately east of Albertville Crossings 3rd Addition. The area is currently zoned B-2. The property area consists of 8.17 acres. The proposal involves developing the area to include a pharmacy with drive -through, office space, and five restaurants which include traditional sit- down restaurants and fast-food restaurants. A CUP/PUD is necessary to accommodate having multiple commercial buildings on a lot and shared access and parking facilities. Below is a review of the submitted plans dated April 12, 2005. Attached Exhibits: Exhibit Al: Engineer's Report Exhibit A: Title Sheet Exhibit B: Preliminary Plat Plan Exhibit C: Site Dimension Plan Exhibit D: Plans and Elevations Exhibit E: Site Signage Plan Exhibit F: Site and Building Renderings Exhibit G: Preliminary Grading Plan Exhibit H: Storm Water Pollution Prevention Plan Exhibit I: Preliminary Utility Plan Exhibit J: Preliminary Plan and Profile Exhibit K: Details Exhibit L: Preliminary Landscape Plan Exhibit M: Preliminary Plat 40 MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 49 ISSUES ANALYSIS Comprehensive Plan. The Comprehensive Plan designates the subject site for commercial uses, consistent with the proposed multi -tenant retail use. The proposed land uses will be consistent with surrounding uses. The overall project design establishes additional commercial and retail opportunities within the City of Albertville. Zoning. The site area is currently zoned B-2A, Special Business District. The purpose of the B- 2A District is to provide for high quality, limited retail and service commercial development that serves both local and regional needs. To accommodate the proposed uses, the applicant is requesting a planned unit development to accommodate multiple uses with in the area. The purpose of a PUD is to provide comprehensive procedures and standards intended to allow flexibility in the development of commercial areas by incorporating design modifications into an integrated site design. Preliminary Plat. The applicant is proposing to subdivide Outlot A into two blocks. Lot 1, Block 1 is 64,647 square feet and Lot 2, Block 1 is 57,150 square feet. Lot 1, Block 2 is 59,181 square feet and Lot 2, Block 2 is 143,635 square feet. All lot and block configurations meet the minimum requirements as described below. Site Plan Review. The applicant is proposing a multi -retail tenant building that may include a pharmacy with drive -through within Lot 1, Block l . A multi -tenant building with three small restaurants are proposed within Lot 2, Block 1. A restaurant is proposed for Lot 1, Block 2 and an office and retail area is proposed for Lot 2, Block 2. 0 Below is a review of B-2A requirements and those proposed by the applicant: B-2 Lot 1 Block 1 Lot 2 Block 1 Lot 1 Block 2 Lot 2 Block 2 Lot Area 10,000 SF 62,647 SF 57,150 SF 59,181 SF 143,635 SF Lot Width 100 feet 207 feet 185 feet 391 feet 336 feet Front Yard 35 feet 35 feet 199 feet 35 feet 58 feet Side Yard 10/20 from major street 28 feet 22 feet 21 feet 190 feet Rear Yard 20 feet 33 feet 56 feet 243 feet 210 feet Site Coverage 80% Combined total of 74% Individual lots exceed the 80% lot coverage requirement, however, the average impervious surface over the combined lots is 74%. Averaging the lot coverage across the four lots is a consideration of the PUD. The overall plan is consistent with the minimum requirements of the Zoning Ordinance. Parking. Because of the multiple tenants proposed within the site, varying parking calculations will be used. Below is review of the proposed uses and the parking required for the overall site area. 0 M:\Public Data\City Council\Councit Agendas\2005 Agendas\A 06-06-05 packet draft.doc 50 • • Location Building Area Use Parking Required Minimum Proposed Parking Required Lot 1, 5,888 /.9 = 5,299 Retail 1/200 sf 27 27 Block 1 1,500 /.9 =1,350 2 Restaurants 1/35 dining 34 34 1 /80 sf kitchen 7,103/ .9 = 6,393 Retail 1/200 sf 32 32 Total 93 93 Lot 2, 1,422/ .9 = 1,280 Restaurant 1/35 dining 24 24 Block 2 1 /80 sf kitchen 1,422/ .9 = 1,280 Restaurant 1/35 dining 24 24 1 /80 sf kitchen 1,422/ .9 = 1,280 Restaurant 1/35 dining 26 31 1/80 sf kitchen Total 74 79 Lot 1, 6,000/ .9 = 5,400 Restaurant 1/35 dining 102 102 Block 2 1 /80 sf kitchen Total 102 102 Lot 2, 5,124/ .9 = 4,612 Office/Retail 1/200 sf 23 24 Block 2 Total 23 24 Combined 292 298 Total The overall parking that the applicant is proposing exceeds the minimum requirements for parking, however, the design of the parking area will be problematic due to limited drive isles and parking off of proposed access roads within Block 1. There are 80 parking stalls identified within Lot 1, Block 1 and 93 parking stalls located within Lot 2, Block. Traffic maneuverability issues exist within this area as several parking stalls are planned adjacent to the service drive in the center of the block. Vehicles backing out from parking stalls will interrupt traffic from that drive isle. Past CUP/PUD application have allowed parking to be calculated as a shopping center rather than through each proposed use. As such, the overall parking within Block 1 will be lessened because of that calculation. Below is an example of that application: WPublic Data\City Council\Council Agendas\2005 Agendas\A 0"6-05 packet draft.doc 51 Location Building Area Use Parking Required Minimum Shopping Center Parking Reguired Lot 1, 5,888 /.9 = 5,299 Retail 5.5 stalls per Block 1 1,000 square feet 1,500 /.9 = 1,350 2 Restaurants 5.5 stalls per 1,000 square feet 7,103/ .9 = 6,393 Retail 5.5 stalls per 1,000 square feet Total Total SF= 13,042 5.5 stalls per 72 1,000 square feet Additionally, Lot 2, Block 1 has 93 parking stalls. This is a surplus of 19 stalls over what is required for the restaurants. Between Lots 1 and 2, Block 1 there is an excess of 27 stalls. If this reduction is acceptable to the Planning Commission and City Council staff recommends that the applicant revise the overall parking plan so that parking stalls do not have direct access in to the service road south of Block 1. Additionally, the applicant should provide additional landscaping islands on the northern portion of the building on Lot 1, Block 2. These issues are further described under the circulation section of this memorandum. r-] The applicant has provided sufficient parking stalls throughout the area. A total of 10 parking islands are identified within the overall plan. Within those areas the applicant is proposing landscaping and pole lighting. As a condition of approval, the applicant will be required to Is provide details landscaping details of these islands to ensure that adequate move exists between the pole and trees. A total of 11 disability accessible parking stalls are identified within the overall plan. One additional disability accessible stall will need to be identified within Lot 2, Block 1 to meet the minimum requirements of the Ordinance. The parking stall width and length is consistent with the requirements of the Ordinance. The parking area will be curbed and set back 10 feet from the property line. Access. Access to the development will occur off of 57th Street via an extension of Lachman Avenue North in the center of the building, as well as the northern curb cut for Lot 1, Block 1. Lachman is considered a commercial street and was required to align with Coborns' to the south, which it does. A service drive on the western portion of Block 1 is also identified and a shared access easement will be required for that area. A new curb cut is proposed for access to Lot 2, Block 2. The applicant has identified 80 feet of right-of-way for Lachman Avenue North. The right-of- way is consistent with the standards of the Ordinance. Access to both blocks will be accommodated via a 24 foot wide curb cut at the center of the development. The location of the curb cut and width is acceptable and will allow for traffic to be moved internally within the development site without stacking issues off of 571h Street NE or Lachman Avenue. Exit only signage will be required in the northwestern portion of Lot 1, Block 1 to assist in traffic is MAPublic Data\City Council\Council Agendas\7005 Agendas\A 06-06-05 packet drak.doc 52 maneuverability. The applicant will be responsible for all costs associated with additional signage. To accommodate the westernmost access off of Block 1, as well as access throughout the site, a shared access agreement will be necessary between this development and Albertville Crossings 3rd Addition. The curb cut off of the service road will match that of the frontage road to the south. Site Circulation and Loading. The applicant has submitted a plan that identifies truck traffic and vehicle traffic circulation throughout the site. As a condition of approval, the signage must direct truck traffic deliveries off of Lachman Avenue. One-way truck maneuverability works around the north side of Lot 1, however, the truck turning radius for Lots 2, 3, and 4 are inadequate. Below are review comments for each lot and block within the development. Lot 1, Block 1. The uses within this area include retail space, coffee shop with a drive -through and possible pharmacy with drive -through. A one-way drive aisle is proposed along the northern portion of the lot to accommodate both the pharmacy and coffee shop. Access to this area will occur via the northernmost curb cut off of Lachman Avenue NE. The applicant has identified stacking space to accommodate four vehicles for the pharmacy and six vehicles for the coffee shop. The distance between each drive -through lane to the northernmost property line is 28 feet. Customers driving up to the pharmacy or coffee shop will be adjacent to the buildings with a 12 foot drive aisle. An additional 16 feet is proposed to accommodate deliveries and loading for the multi -tenant buildings. The biggest concern within this area is cross traffic between the delivery trucks and those customers using either the coffee shop or pharmacy drive -through. Although a bypass lane is proposed for the area, it will be difficult for customers picking up coffee to merge into the bypass lane if there are trucks or customers waiting for the pharmacy. This will be especially difficult because the outdoor dining area bumps out into the area designated for drive -through customers. Staff would recommend that all drive -through lands be designed to accommodate 120 feet of stacking space exclusive of other traffic lanes. This may result in eliminating one of the drive - through lanes. Another issue within this lot is the southernmost parking stalls and drive aisle. There are 24 parking stalls proposed on the southernmost side, however, all of them will back out into the main drive aisle. Within this drive aisle there will be a lot of traffic coming to and from the three restaurants located within Lot 2, Block 1. Because excess parking is identified within this area as previously described within this memorandum, some parking stalls could be eliminated to avoid this conflict. Additionally, all drive aisles must be a minimum of 22 feet in width to be in conformance with the Ordinance. Wider drive aisles will be needed to accommodate truck traffic. Currently the applicant is proposing a 20 foot drive aisle within the parking area. Lot 2, Block 1. Access to this lot will be accommodated via the extension of Lachman Avenue. Staff would recommend that three northernmost parking stalls located immediately north of the MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 53 building be limited so as to not conflict with the drive aisle further north. Instead of parking stalls, the applicant should provide a raised landscaped island within that area. A drive -through restaurant is proposed on the western portion of the building. The drive -through will accommodate a stacking space for six vehicles. Vehicles will circulate on the western portion of the building and back through the southern portion of the site area. Lot 1, Block 2. Access to this lot will be accommodated via Lachman Avenue. The drive -isles are between 20 and 22 feet and therefore, do not meet the minimum requirements of the Ordinance. All stripped areas identified within this site should be raised and curbed. The overall area must be redesigned to accommodate truck traffic within the site for deliveries and trash removal. Lot 2, Block 2. Access to this lot will be accommodated via a curb cut off of 57a' Street. A trash enclosure and loading zone is proposed east of the curb cut, however, this location will not accommodate a sufficient turning radius for larger trucks, as shown on the plan. To accommodate larger deliveries, the loading and trash enclosure should be located on the northern portion of the site. Like the other lots, the drive aisle does not conform to the minimum requirements of the Zoning Ordinance. The drive aisle within this area is 22 feet. Grading and Drainage. A stormwater retention pond is proposed in the northern portion of Lot 1, Block 2. A drainage and utility easement and wetland is identified within the northern and eastern portion of Lot 2, Block 2. The building on Lot 2, Block 2 is set back 55 feet from the edge of the wetland. All issues related to on -site wetlands, including delineation and mitigation, will be subject to approval by the Wright County Soil and Water Conservation District. The applicant has identified a 25 foot buffer area around the wetland which will be included in a drainage and utility easement. The overall grading and drainage plan will be subject to the review and approval of the City Engineer. Utility Plan. The applicant has submitted a utility plan. The location and configuration of sewer, water, and storm facilities shall be subject to review and approval of the City Engineer. Building Plan Review. The applicant has provided exterior elevations for consideration by the City. The exterior facades of the buildings will be a mix of brick veneer, stone, precast concrete and masonry veneer. Precast metal canopies are also proposed at the entrances and drive - through pickup windows. A combination of glass and metal trim is also proposed. All roof -top equipment will be screened with metal panels and prefinished metal trim. The overall plan and combination of materials is consistent with past approvals within the City, as well as the combination of materials used within the Coborns' building. The applicant is proposing outdoor seating for the coffee shop located within Lot 1, Block 2, Building 2, and the three restaurants within Lot 2, Block 1, Building 1. To accommodate additional seating, the sidewalks within these areas have been expanded to 15 feet. This design will offer additional pedestrian opportunities within the site as well as outdoor dining options M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-0f-05 packet draR.doc 54 • within the area. As a condition of approval, no outdoor storage will be permitted within the site area. Landscaping. A landscaping plan has been submitted and includes 37 trees and 48 shrubs. Trees proposed within the site include honey locust, Black Hills spruce, maple and ash. Shrubs proposed within the site include chokeberry and spires. Staff would recommend that additional plantings be included in the following areas: 1. On the west and southwest lot lines Lot 2, Block 1 adjacent to the drive -through lane. 2. Additional shrubs should also be provided along the perimeter of each block intermingled between the trees. 3. Along the south lot line of Lot 2, Block 2 for additional screening of the trash enclosure. Spring snow crabapple are proposed within the landscaped islands, however, because these are fruit -bearing trees, staff would recommend that they be replaced with anon -fruit -bearing variety. The applicant will be required to irrigate all landscape areas within the plan. Financial securities to guarantee the installation and survivability of the improvements shall be provided as required by Ordinance. Lighting. Exterior parking lot pole lighting is proposed throughout the parking area. The poles will be 90 degree full cut-off. The applicant will need to document how those poles will relate to the tree plantings within the landscaped islands. Exterior building lighting is also proposed throughout each building. This lighting will also be 90 degree full cut-off, thus meeting the minimum requirement of the Ordinance. A photometric plan has been provided with lights located around the perimeter of the parking and entrance areas. Light emitted does not exceed one foot candle beyond the center line of 57cn Avenue. Section 1000.10 of the Zoning Ordinance addresses lighting and glare and should be addressed fully. M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 55 Signage. The applicant is proposing the following signs within the site: Location Size Wall Signage Above each tenant bay 56 square feet for internal tenants and 64 square feet for tenants at the ends of the buildings. Corner tenants also request a 20 square foot sign on the east wall. Signs will be building mounted and externally lit. Marquee — Pylon/ Southeastern corner of 29 feet high for sign area of 212 Monument Signage Lot 2, Block 1 square feet. Monument Signage Eastern portion of Lot 1, 12 feet tall or 73 square feet. Block 1, Building 2 and western portion of Lot 1, Block 2, Building 1 The pylon monument and monument signage will both be constructed with a masonry base and metal panels. Both signs will be backlit. The pylon monument sign is set back 25 feet from both 57t' Street and the curb cut of off Lachman. As such, traffic visibility is not anticipated to be an issue. The wall signage proposed for the buildings will be wall mounted with sign light fixtures illuminating the lights. No other signage is proposed for the site. The proposed comprehensive sign plan is consistent with City regulations and past sign plan approvals for other multiple tenant buildings within Albertville. Trash Enclosure. As indicated, the applicant has provided exterior details for the trash enclosures. A total of five trash enclosures are identified throughout the site area. The exterior finishes of the trash enclosures is consistent with the exterior materials of the principal structures. The trash enclosure on the southern portion of Lot 2, Block 2 should be removed and relocated on the northern portion of the plan so as to allow for additional truck traffic maneuverability within the site area. Development Agreement. As a condition of approval, the applicant will be required to enter into a development agreement with the City. The development agreement shall be prepared by the City Attorney. CONCLUSION The applicant is proposing a multi -tenant retail and commercial space. To accommodate the proposal, the applicant will be required to receive approval from the City to allow for a CUP/PUD. An additional requirement is required for the use of shared access within the site area. After review of the applicant's submittal, staff would recommend approval of the CUP/PUD subject to the conditions outlined herein. The plan offers a mix of retail, office, and restaurant • MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc m opportunities and will be designed to reflect other uses within the City. If the Planning Commission recommends and the City Council approves the preliminary plat and CUP/PUD application, staff would recommend that approval be based upon the following conditions: Preliminary Plat 1. The north end of Lachman Avenue be flared to the east to accommodate the alignment of this street with Lachman Avenue at 60'' Street. The City Engineer will identify the specific street right-of-way alignment. 2. Lot 1, Block 2 be enlarged to increase the amount of on -site parking for the restaurant. 3. Ten foot drainage and utility easements shall be required along the perimeter of the plat. 4. Developer and City will enter into a development agreement that allows parking over the City's sanitary sewer easement with the understanding that the City may disrupt the parking area to maintain or repair this utility. All parking lot repair or replacement shall be the property owner's responsibility and expense. 5. The applicant shall establish recordable easements separate from the preliminary plat for shared access and parking across the lots. Said easements shall be subject to review and approval of the City Attorney. 0 6. The plat shall pay the required park land dedication of $7,500 per acre with the final plat. PUD 1. Establish cross access and parking easements across the plat. 2. Parking/circulation. a. All parking areas shall have stalls 20 feet in length, nine feet in width, and a drive aisle width of 22 feet. Additional driveway width may be required for truck routes. b. The site design shall be modified to accommodate semi -truck service through Lots 2, 3, and 4 without interfering with parking stalls, curb islands, and buildings. C. Parking for Lot 1, Block 1 will be calculated using the shopping center parking ratio of 5.5 stalls per 1,000, requiring 72 parking stalls. Lot 2, Block 1 shall be required to provide 74 parking stalls. The excess parking supply shall be eliminated to increase green space, additional landscape islands, and improve truck circulation patterns. f. Additional disability parking stalls in Lot 2, Block 1. MAPublic Data\City CouncilTouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 57 g. All striped areas in the parking lots shall be parking islands with raised curb. I* h. An additional disability accessible parking stall shall be required within Lot 2, Block 1. i. All drive aisles shall be a minimum of 22 feet in width. 3. Drive Through Lane a. All drive through lanes shall provide 120 feet of automobile stacking. Stacking lanes shall be separate from other traffic lanes. This may eliminate one of the drive lanes on Lot 1, Block 1. d. The drive through lanes shall illustrate location of menu boards. e. Landscaping screening shall be required along the west lot line of Lot 2, Block 1 to screen the back of the building and the drive through lane. f. An additional disability accessible parking stall shall be required within Lot 2, Block 1. g. All drive aisles shall be a minimum of 22 feet in width. h. All striped areas within the parking area shall be raised and curbed. 7. Trash Enclosure. The loading and trash enclosure identified within Lot 2, Block 2 shall be relocated to the north.. 8. Grading and Utility a. The grading, drainage, and utility plan shall be subject to the conditions outlined within the City Engineer's report dated May 4, 2005. b. All issues related to on site wetlands, including delineation and mitigation, will be subject to approval by the Wright County Soil and Water Conservation District. 9. Landscaping a. The landscaping plan shall be revised to include additional trees and shrubs throughout the site area. b. Fruit bearing trees will be prohibited within all landscaped islands. The applicant shall submit landscaped island details that show all trees and the light pole fixtures. • M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc RR] c. Financial securities to guarantee the installation and survivability of the improvements shall be provided as required by Ordinance. Additional Conditions a. Outdoor storage within the site area shall be prohibited. b. Individual sign permits shall be required for all proposed signage within the site area consistent with the approved comprehensive sign plan. c. A development agreement shall be required and prepared by the City Attorney. PC: Mike Couri, City Attorney; Mark Kasma, City Engineer Cascade II Land Company, 21025 Commerce Blvd, Suite 900, Rogers, 55474 MAPublic Data\City Council\Council Agendas\2005 AgendaM 06-06-05 packet draft.doc 59 0 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson (Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 703.231.2561 planners@naeplanning.com 11711 Did [o 9,1101)1"05I TO: Larry Kruse FROM: Alan Brixius DATE: May 26, 2005 RE: Albertville — LaBeaux Station Parkland Dedication FILE NO: 163.06 — 05.14 After the City Council meeting, Council member Berning asked me to check if it may be appropriate for the City to request a parkland dedication from the LaBeaux Station plat. The northeast corner of the LaBeaux Station plat contains a limited amount of non -wetland property that abuts the City's park and fire station. This appears to be a logical extension of the existing park and is not intended to be developed through the LaBeaux Station development. The size of the upland area is roughly 9,300+ square feet. Field inspection reveals that this land has a rolling topography that slopes to wetlands to the south and west. The size and physical condition of the property will limit its use. The City Council should provide the staff direction as to whether this land dedication is wanted. If the land is taken, we must establish a land value that would be credited against the applicant's park cash contribution. 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'01•{ 1'a'id .l'+M-!O-1H0?tl 1.vMH)H Al?•ii1P- 1HOib4--=—_ — — — — — - - - - _---r-- —. — — — — i3Pi '- X(1tl38 8L 'd / 'H'V•�")L Nlvwaa�vM ,z1_ _I_I� sZ 'Bub 'pit dM1 y 'aa5 — — — + ------------------------ �0 1/1 MN aW Io alnj 1sap _..___-____ � - — — — — ��__—_—_--_ q a °cy I11 I I yvyo, 01v o °+I I < 9vc`o T 1 J ;va°v Ta ac 3 ' rn ,3 of o o o o pO m '. C O O 0 z N w u a c0 a P 0 0 c a o u 40 y wi o E s J° zziU °o -a.=w o Q o a l i oW �"o h j nN i NN I'i Y u� z� w-'EE 03 < I ��rc O i��=a°a 0 T, m w�v'�iwo 0 jWL NORTHWEST ASSOCIATED CONSULTANTS, INC. • 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 5 422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@naeplanning.com PLANNING REPORT TO: FROM: DATE: RE: FILE NO: BACKGROUND Larry Kruse, City Administrator Alan Brixius May 5, 2005 Albertville — Westwind 3rd Addition 163.06 — 05.13 In January of this year, Briggs Properties approached the City to inquire if the remaining vacant 4.25 acre parcel of the Westwind PUD was available for the development of a high density apartment project. In response to their inquiry, we sent them documentation of the site's history. This history reveals that in 1996, the City approved a Comprehensive Plan amendment changing the land use for the site from high density residential to medium density residential. This change in the Land Use Plan was precipitated by a development request by Kornovich Development Company Inc. that proposed 40 townhome units for the site. The City Council agreed with the reduction in density and approved the Comprehensive Plan change. Currently, the site remains zoned PUD and in consideration of a development request, the City would be guided by the medium density residential land use of the Comprehensive Plan, the R-5, Medium Density Residential District density standards, and the general townhome performance standards of the Albertville Zoning Ordinance. Staff indicated that the City would not be interested in additional high density residential development unless the product was different than the existing high density residential rental product current in the City. Staff suggested that there is a need for market rate luxury apartments that offer building security and amenities not offered by the existing Albertville housing market. The land use change required to accommodate apartment development on the remaining • Westwind PUD site is a policy decision for the Planning Commission and City Council. Briggs Properties has applied for PUD concept plan review to solicit Planning Commission and Council ATublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 63 opinion as to what type of land use, site design, building design and level of amenities may be appropriate for the site. Through the concept plan review, the developer may receive City input before investing significantly in construction drawings. The following information was forwarded with the application. Attached for reference: Exhibit A: Site Location Exhibit B: Site Plan Exhibit C: Written Statement of Intent Exhibit D: Zachman's Point Promotional Material ISSUES ANALYSIS Applications. If the developer progresses with development stage PUD, the following applications will be required: 1. Comprehensive Plan Amendment. Change the land use from medium density to high density. 2. Zoning. The zoning would remain PUD but the R-6, High Density Residential District and Section 1000.24 of the Albertville Zoning Ordinance would be used to guide this development. Under the R-6 Zoning District, the 4.25 acre site could accommodate 52 dwelling units, however, 10 additional dwelling units may be obtained with the following • amenities being provided: Bonus Feature a) Type two construction b) Elevator serving each floor c) Two-thirds (2/3) of the required fee free parking underground or within the principal structure (not including attached or detached garages) Square Foot Reduction per Unit d) Indoor recreation and social rooms equal to twenty-five (25) square feet per unit of seven hundred fifty (750) square feet total, whichever is greater. e) Major outdoor recreational facilities such as swimming pools, tennis courts or similar facilities, requiring 125 square feet 75 square feet 175 square feet 50 square feet 75 square feet ATublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 64 • substantial investment equaling at minimum ninety-five (95) percent of the construction cost of the principal structure. To achieve the 70 units requested by the applicant, flexibility through the PUD must be awarded by the City. 3. Site and Building Plan Review. The applicant has submitted a copy of the original Westwind P concept plan. This plan is outdated and does not meet current standards. A new site plan must be generated if this proposal moves ahead. Land Use. Staff has met with the applicant in an attempt to define what amenities may constitute luxury apartments. The following table outlines staff expectations and the applicant's response through their narrative: Staff Criteria for Luxury Proposed Market Rate Apartments Briggs Properties LLC Underground parking Proposed underground parking, but no • 2/3 of required parking stalls per indication of how many stalls per unit. unit One bedroom 693 square feet / den • 700 square feet +150 square feet for miscellaneous storage Two bedroom 912 square feet / dens • 900 square feet + 150 square feet for miscellaneous storage Three bedroom No • 1,100 square feet + 150 square feet for miscellaneous storage Upscale Exterior Material (Brick/stone) Proposed shake accents, shutters and • 50% of elevation cultured stone, but no indication of percentage. • Balconies Balconies Unit Amenities • Fireplaces No Vaulted ceilings on top floor units Yes Amenities • Community Room Yes • Exercise Room Yes M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 65 Sound Proofmg • Floors Yes — Gypereet sound proof floor • Hallways Yes — channeled floor & door sweeps • Between units Upgraded Appliances • Refrigerator Applicant does not describe appliance • Garbage disposal package except laundry hookup in • Microwave each apartment. • Stove • Washer/dryer in each unit Landscaping • 2% of total property value Well appointed landscaping is • Sport court / playground mentioned. No landscape plan has • Sidewalks / trails been provided. While playground is mentioned, no details provided. No sidewalks/trails provided. Security • Secured entrance Low voltage security camera is management practice. Resident screening/community guidelines. The applicant is requesting additional input from the City Planning Commission and City Council as to what level of amenities and housing product is necessary to consider a land use change to high density residential rental land use. CONCLUSION In consideration of a concept plan, the City is not giving a development approval; rather it is only providing input related to land use and site design that may make a project more appealing. In 1996, the City determined that the appropriate land use for the proposed site was medium density residential. In recent years, the City has not been satisfied with type and quality of the multiple family development that has taken place. The change in land use will be contingent on the applicant's ability to satisfy the City's expectations for quality market rate luxury apartments. PC: Jon Sutherland Mike Couri Mark Kasma Briggs Properties ATublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc • NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olsen Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com MEMORANDUM TO: Larry Kruse FROM: Alan Brixius DATE: May 27, 2005 RE: Albertville — Hunters Pass Estates Final Plat FILE NO: 163.06 — 05.19 BACKGROUND 16 Minnesota Development Agency LLC has filed application for final plat for a subdivision entitled Hunters Pass Estates. The City approved Hunters Pass Estates preliminary plat and planned unit development in October 2004. The preliminary plat encompassed 76.6 acres in the northeast corner of Albertville. The preliminary plat was approved with 95 lots in a coved subdivision design. A planned unit development was approved for flexibility in lot size, front yard setbacks, side yard setbacks, and street design. The final plat encompasses the entire 76.6 acre site, but only 65 lots are to be platted with the balance of the land being platted into three outlots and a park. Attached for reference: Exhibit A: Final Plat and Inset Details Exhibit B: Development Stage PUD Exhibit C: Front Yard Building Setback Data Exhibit D: Grading Plan Exhibit E: Landscape Plan Exhibit F: Utility Plan ISSUES ANALYSIS Zoning. The base zoning on the property is R-1, Low Density Residential District and S, Shoreland Overlay District. The preliminary plat consists of 95 single family lots. A planned unit development was approved to accommodate the coved subdivision and provide design flexibility related to lot size, setbacks, and street design. The approved preliminary plat has lots that range in size from 7,852 to 26,863 square feet in area. The average lot size is 13,837 square ATublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 67 feet of buildable land. This average lot size exceeds the R-lA required buildable lot area exclusive of wetlands. Consistency with the Preliminary Plat. The street, block configurations, and lots are consistent with the approved preliminary plat. Setbacks. Through the coved subdivision, all house pads shall be set back from the street a distance that provides an 80 foot lot width at the front building line. The applicant shall provide a directory of setbacks for each individual lot in the subdivision. This directory shall show the following: The variable front yard setbacks of 30+ feet that results in a lot width of 80 feet at the front building line. 2. Other Setbacks: • Side Yard Setback: 5 feet garage side • Side Yard Setback: 10 feet living space • Side Yard Setback: 30 feet on corner • Rear Yard Setback: 30 feet minimum • Wetland Setback: No building deck or other structure shall encroach into the 30 foot wetland setback • No rear or side yard setback variances shall be approved 3. The rear lot line shall be considered the southeast lot line for all flag lots (Lots 13, 14, Block 3; Lots 8, 9 of Block 1). Streets. The street layout is consistent with the preliminary plat. A 70 foot right-of-way is required for the length of the plat abutting 70th Street. The final plat illustrates two dimensions of 70 and 60 feet. The final plat must be corrected to illustrate a 70 foot right-of-way for 70th Street extending from the centerline of the street. McIver Avenue was approved with a 60 foot right-of-way from the centerline of the street. The final plat is compliant with this requirement. The developer shall pay $283,674.00 for necessary road improvements for 7Wh Street and McIver Avenue. Local streets were approved as part of the PUD with the following standards: 50 foot right-of- way; 28 foot proposed street width curb to curb. The final plat meets this standard. Parking shall be restricted to one side of the 28 foot street. The developer shall install appropriate signage at their expense. The homeowner association shall be responsible for the landscaping and maintenance of all cul- de-sacs and islands. MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 68 Trails and Sidewalks. The developer shall install sidewalks on one side of all streets as well as overland trails, illustrated on Exhibit B, Development Stage Plan. In review of this plan, we offer the following recommendations: A trail connection from 69th Circle NE to the future 70th Street trail must be provided. 2. The trails at the corners of LaSalle Circle and 69th, and LaSalle Circle and 67th Street must outlet to the street curb with disability access ramps. 3. If the sidewalks are located outside the street right-of-way, separate sidewalk easements must be recorded with the final plat. 4. The homeowners association shall be responsible for all trail maintenance. Park Land Dedication. The developer shall be responsible for the dedication of park land and shall design and construct Hunters Estates park. Park design must be approved by the Albertville Park Committee and shall include the following components or similar investment: 1. Landscaped buffer yard along 70th Street. 2. Tot lot play structure. 3. Half basketball court. 4. Sand volleyball court. 5. Picnic tables. 6. Internal park trail. 7. Parking area. The final plat illustrates the proper park land dedication. Grading and Drainage. The grading and drainage plans shall be subject to the review and approval of the City Engineer. The applicant shall be responsible for the installation of permanent markers that delineate the edge of all wetland buffers. Association documents shall outline wetland buffer restrictions. The final plat illustrates proper drainage and utility easements along all lot lines. The plat shall include drainage and utility easements over outlots containing wetlands and ponding areas. The size and location of all easements shall be subject to review and approval of the City Engineer. Wetland mitigation shall be done in compliance with TEP approved plan. Erosion control shall be installed in accordance with the approved grading plan. The developer shall be responsible for removal of erosion control devices with complete build out of the subdivision. Landscape Plan. As a condition of preliminary plat approval, the City required additional buffer yard landscaping on the plat's northern and eastern boundaries. In review of the final plat landscape plan, we offer the following recommendations: MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 69 1. Additional buffer yard landscaping (staggered row of plantings, 20 feet deep) should be provided on the north end of Lots 1, 2, 3, Block 3; the north end of Lots 1, 7, 8, 9, 10, Block 2; the north end of Lot 28, Block 1; and the east end of Lot 1, Block 1, as illustrated on the submitted landscape plan. 2. The developer shall plant two trees (two inch minimum caliper) per lot. 3. The developer shall construct and landscape the cul-de-sac islands per the landscape plan. The homeowners association shall be responsible for the maintenance of the cul-de-sac islands. Architectural Standards. The applicant has provided information regarding architectural standards that include the following: 1. No vinyl or steel siding on street side of homes. 2. Architectural roofing on all roofs. 3. Homes should have significant brick or stone exterior. 4. Roofs must have multiple planes and pitches. 5. Garages must be large enough for two vehicles plus storage. Garages should be de- emphasized. 6. Windows, doors, and other elements should have architectural trim. 7. All homes will submit a landscaping plan for review and approval. 8. Homes shall be of a significant size. • In background information, the applicant has indicated that they generally expect homes to be: 1. 2,000 square feet of floor area. 2. Three bedroom with three baths. 3. Less than 50 feet wide. 4. Less than 60 feet deep. 5. Three car garages. The architectural standards that are provided are acceptable. However, we recommend that the applicant define what constitutes significant brick or stone exteriors. Utilities. The utility plans shall be subject to the review comments of the City Engineer. The developer shall be responsible for the cost of extending trunk utilities to the site. RECOMMENDATION Based on our review, we find that the final plat is consistent with the approved preliminary plat and planned unit development. We recommend approval subject to the following conditions: • M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draR.doc 70 1. The developer shall submit a directory of lots illustrating the applicable setbacks for each lot. Setbacks shall be consistent with the PUD approved setbacks outlined in this report and illustrated on Exhibit C. 2. The final plat shall illustrate a 70 foot right-of-way dedication along 70'h Street for the full length of the final plat. 3. The developer shall agree to pay the City $283,674.00 for improvements of 70`b Street and McIver Avenue. 4. Parking shall be restricted on one side of all local streets. The developer shall install appropriate signage. 5. A trail connection from 69`" Circle to 70a' Street shall be provided. 6. Sidewalks shall be extended to the street at the corners of LaSalle Circle and 69`h Circle; and LaSalle Circle and 67' Street. Disability curb ramps shall be installed. 7. Separate trail easements shall be recorded for all off right-of-way trails. The homeowners association shall be responsible for sidewalk and trail maintenance. . 9. The developer shall improve the park per plans approved by the Albertville Park Committee. 10. Drainage and utility easements must be shown over the outlots containing wetlands and ponding areas on the final plat. The size and location of all easements shall be approved by the City Engineer. 11. The developer or assigns shall be responsible for removal of erosion control measures at the completion of the subdivision development. 12. The developer shall install wetland buffer markers. 13. The landscape plan shall be revised to include: a. Additional landscaping on the north and east edge of the plat, locations specified in this report. b. The developer shall install two trees per lot (two inch caliper). C. The homeowners association shall maintain cul-de-sac island landscaping. 14. The developer shall incorporate the architectural guidelines into the homeowner • association bylaws and further define "significant brick or stone." 15. The developer shall enter into a development agreement with the City. WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.dcc 71 16. Subject to the City Engineers comments on the utility plans. PC: Mike Couri Jon Sutherland Mark Kasma Joe Huber Matt Frolich MAPublic Data\City CouncMomcd Agendm\2005 Agmdas\A 06-06.05 packet dtaft.doc 72 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Albertville — Hunters Pass Estates Final Plat Applicant's Name: Minnesota Development Agency LLC Request: Final plat approval for 65 residential lots, three outlots, and park as part of the overall Hunters Pass Estates development. The request includes the following application: 3. Final Plat approval City Council Meeting Date: June 6, 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 Government Lots One and Two of Section 36, T121, R24, Wright County, Minnesota, Except Therefrom tract conveyed in Book 180 of Deeds, Page . 116. B. The planning report dated May 27, 2005 from Northwest Associated Consultants and City Engineer's comments of May 27, 2005 are incorporated herein. C. The Hunters Pass Estates preliminary plat and planned unit development was approved in October 2004. D. The proposed plat can be accommodated with existing public services and will not overburden the City's service capacity. E. Traffic generated by the proposed plat is within capabilities of streets serving the property as proposed. F. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to the proposed plat. G. The proposed actions have been considered in relation to the specific policies and provisions of and has been found to be consistent with the Comprehensive Plan. H. The proposed development will be compatible with present and future land uses of the area. . I. The proposed use conforms to applicable Zoning Ordinance performance standards and approved planned unit development standards. WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 73 J. The proposed plat 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 subject to the following conditions: 1. The developer shall submit a directory of lots illustrating the applicable setbacks for each lot. Setbacks shall be consistent with the PUD approved setbacks outlined in this report and illustrated on Exhibit C. 2. The final plat shall illustrate a 70 foot right-of-way dedication along 70th Street for the full length of the final plat. 3. The developer shall agree to pay the City $283,674.00 for improvements of 70th Street and McIver Avenue. 4. Parking shall be restricted on one side of all local streets. The developer shall install appropriate signage. 5. A trail connection from 69th Circle to 70th Street shall be provided. 6. Sidewalks shall be extended to the street at the corners of LaSalle Circle and 69th Circle; and LaSalle Circle and 67th Street. Disability curb ramps shall be installed. 0 7. Separate trail easements shall be recorded for all off right-of-way trails. 8. The homeowners association shall be responsible for sidewalk and trail maintenance. 9. The developer shall improve the park per plans approved by the Albertville Park Committee. 10. Drainage and utility easements must be shown over the outlots containing wetlands and ponding areas on the final plat. The size and location of all easements shall be approved by the City Engineer. 11. The developer or assigns shall be responsible for removal of erosion control measures at the completion of the subdivision development. 12. The developer shall install wetland buffer markers. 13. The landscape plan shall be revised to include: a. Additional landscaping on the north and east edge of the plat, locations specified in this report. b. The developer shall install two trees per lot (two inch caliper). • MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 74 • C. The homeowners association shall maintain cul-de-sac island landscaping. • is 14. The developer shall incorporate the architectural guidelines into the homeowner association bylaws and further define "significant brick or stone." 15. The developer shall enter into a development agreement with the City. 16. Subject to the City Engineer's comments on the utility plans. Adopted by the Albertville City Council this 6th day of June 2005. Don Peterson, Mayor Bridget Miller, City Clerk M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 75 y is V S t• �. I is .� b tl < , 6, r. VV A{i t: At aa+i, xu t ;,' ! a' •O �` T}f ;ritNk ,_..... ... li,T►.D S ._ .. 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Consulting Engineers & Surveyors • 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 FAX (952) 448-8805 May 27, 2005 Mr. Dwight Gunnarson, Err, Project Engineer Meyer-Rohlin, Inc. 1111 Hwy 25 North, Suite 205 Buffalo, MN 55313 RE: I Review of Final Plat and Street and Utility Plans Hunter's Pass Estates City of Albertville Dear Mr. GuinYarson: We have reviewed the final plat and the street and utility plans prepared by Meyer-Rohlin, Inc. dated May 18, 2005. Please be advised that these comments are in addition to the letter dated May 18, 2005, for grading and preliminary drainage calculations. Based on our review we offer the following comments: FINAL PLAT. The width of the right-of-way to be dedicated as 70th Street N.E. is incorrectly labeled as being 60 feet wide instead of 70 feet wide. Adjacent plats and their names must be shown The plat must indicate the date of the Mud Lake's shoreline location, the water elevation on that date and a benchmark. The dimension for the boundary of Outlot C, from the right-of-way line of 7e Street N.E. to the most northerly corner of Outlot E is not shown. Unless all plat monuments are going to be set prior to recording the plat, a statement of delayed monument staking should be added to the Surveyor's Certification. If monuments are in -place at the northwest and southeast corners of the plat, they should be shown and labeled. SHEET 2 of 13: Revise street names to match the proposed names on the plat. Plat shows 67"i Street NE not 691' Circle NE. Any and all revisions to the plan and profile sheets must be reflected on this master plan, Label all street names around this project. F:\ALBVU15216571ca \Huntees Pass Review 052705.doc MANKATO, MN • FAIRMONT, MN • SLEEPY EYE, MN BURNSVILLE, MN • WILLMAR, MN • CHASKA, MN • AMES, IA www.bolton-menk.com An,Equol Opportunity Employer MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 77 A note should be added indicating all construction shall conform to the City of Albertville Standard Specifications and details. Revise note No. 5 to match the plans and details of 5'. SHEET 3 of 13: Show watermain starting at Station 0+84 on the profile view. Label the stationing on the lower portion of the profile. Label all pipe crossings in the profile view with size and type of pipe. Modify MH 103 to reflect correct manhole depth and inverts as shown on Sheet 5. The sewer lines from MH 301 and 201 must be modified to match near the invert of the manhole or an outside drop must be designed. Label all inverts for the manhole. The service location for Lot 21, Block 6 is too close to the manhole. Revise the service location for Lot 19, Block 6 to avoid the hydrant. The service ending locations for Lot 1-3, Block 6 need to be reviewed due to the location of the proposed concrete walk. The walk will be impacted when the service is connected during the home construction. Clarify the watermain connection at Station 14+70 to show what exists and what is proposed. It appears an 8" gate valve may be proposed or might be existing. Label existing and proposed on the profile view. Label the offset location of MH 305 in the profile view. Label the top of watermain pipe elevation needed to provide a minimum of 18" of clearance between the proposed storm sewer at Station 5+20. The top of watermain elevation should be 953.9 or lower. SHEET 4of13: Revise MH 105 label on the plan view to match the profile view. Modify MH 105 to reflect correct manhole depth and inverts as shown 'on Sheet 5. The sewer lines from the other manholes must be modified to match near the invert of the manhole or an outside drop must be designed. Label all inverts for the manhole. Label all pipe crossings in the profile view with size and type of pipe. Revise the elevation labeling for the profile view of Lydia Circle NE b 5 feet to match the correct elevation grid. Label the top of watermain pipe elevation needed to provide designed elevations. Label the top of watermain pipe elevation needed to provide a nummurn of 18" of clearance between the proposed storm sewer crossing at Station 4+50 Lakewood'prive. It appears the top of pipe should be 848.8 or deeper. Show forcemain connection to MH 604 in the profile view. Show the storm sewer crossing just west of MH 604 in the profile view) F:\ALBV\T1521657\corres\Hunter's Pass Review 052705.doc SHEET 5 of 13: • Label the 72" Arch pipe on the plan view. Modify the 12" RCP crossing at Station 13+45 to match the elevations on Sheet 8. Label the top of watermain with elevations and stationing to achieve the required depth. Show CB 500 in the profile view. The watermain and insulation is directly beneath this structure. Label the top of watermain elevations to achieve the minimum 18" separation. Show all insulation in the plan view. Label all pipe crossings in the profile view with size and type of pipe. SHEET 6 of 13: Provide a profile view of the proposed watermain across Outlot C. Label the 72" Arch pipe on the plan and profile view. Draft the pipe correctly in the profile view (54" high). Label the proposed top of watermain elevations near the 12" RCP crossing at Station 15+00 and the crossing at Station 13+45. Show all insulation in the plan view. Label all pipe crossings in the profile view with size and type of pipe. Clarify the watermain offset in the profile view near Station 15+25. Label the watermain location and fittings needed from Station 13+00 to Station 14+00. Label the 7.5' min. cover in the profile view near Station 20+00. SHEET 7 of 13: Provide stationing in the plan view for the forcemain. Show MH 604 in the profile view. Per Sheet 4 the rim appears to be 5 feet higher than the proposed ground; and the invert appears to be 2 feet higher than the location of the forcemain. The proposed forcemain shown will not work with the designed inverts of MH 604. It appears the forcemain will be very shallow from Station 0+40 to Station 3+50. Insulation and/or a re- design must be considered. Show the proposed watermain crossing in the profile view at Station 3+65 to avoid potential conflicts. Show the 18" HDPE crossing in the profile view at Station 8+70 to avoid potential conflicts. Label all existing and proposed pipes in the plan view. SHEET 8 of 13: Label all vertical curve information for all vertical curves. Label all design slopes with percents. Label all structures that appear on each plan sheet with numbers. F:\ALBV\T1521657\corres\Hunter's Pass Review 052705.doc Provide detailed information for the cul-de-sac such as drainage arrows, slopes, top of curb elevations, radius information, etc. to ensure it is constructed properly. Label the width of the street within the cul-de-sac. It appears this street is not shown at 28' back to back. It appears the 24" storm sewer pipe from CB 405 needs to be extended 30 additional feet to avoid a conflict with the proposed sidewalk. Note size and amount of rip -rap for this pipe. Label all sidewalk and label location of all proposed pedestrian curb ramps. Label all streets in the plan view. SHEET 9 of 13: Label all vertical curve information for all vertical curves. Label all structures that appear on each plan sheet with numbers. Provide detailed information for the cul-de-sac's such as drainage arrows, slopes, top of curb elevations, radius information, etc. to ensure it is constructed properly. Label the width of the street within the cul-de-sac. It appears this street is not shown at 28' back to back. Label the proposed pipe from CB 106 to A 100 in the profile view. Label all sidewalk and label location of all proposed pedestrian curb ramps. It appears the sidewalk is proposed to be installed on or behind the right-of-way near Station 1+50. A separate document for this sidewalk should be submitted. Drainage and utility easements are not intended to be used by the public for walking purposes. Label all streets in the plan view. SHEET 10 of 13: Provide a plan and profile sheet for the proposed storm sewer from CB 505 to E 100. Label all rip -rap in the plan view. Label the proposed pipe from CB 107 to G 100 in the profile view. Label all sidewalk and label location of all proposed pedestrian curb ramps. It appears the sidewalk is proposed to be installed on or behind the right-of-way from Station 5+00 to Station 10+00. A separate document for this sidewalk should be submitted. Drainage and utility easements are not intended to be used by the public for walking purposes. Label all streets in the plan view. SHEET 11 of 13: Provide profile view of the proposed 72" Arch RCP. Show all proposed easements in the plan view on all sheets. Label the 72" Arch pipe on the plan and profile view. Draft the pipe correctly in the profile view (54" high). F:\ALBV\T1521657\corres\Hunter's Pass Review 052705.doc It appears the invert for FES C 100 should be 950.04. • It appears the outlet invert for 72" RCP should be 949.4. Label all sidewalk and label location of all proposed pedestrian curb ramps. Provide detailed information for the cul-de-sac's such as drainage arrows, slopes, top of curb elevations, radius information, etc. to ensure it is constructed properly. SHEET 12 of 13: It appears most of these details do not match the City of Albertville Standard Detail Plates. Revise to conform to City Standards. We will provide a copy of the City Standards if needed. SHEET 13 of 13: It appears a few of the cul-de-sacs are proposed to include a street less than 28' back to back. We need to discuss what width is appropriate. The proposed Pedestrian Curb Ramp (Handicap Ramp Detail) must be in compliance with current MnDOT/ADA Standards (Truncated Domes). MISC. COMMENTS: Show all proposed easements in the plan view on all sheets. • Several Streets contain cul-de-sacs. Please verify that the geometry of each cul-de-sac is sufficient to accommodate a school bus and fire truck design vehicle. The center islands of some cul-de-sacs may need to be reduced to allow for a wider travel lane. • Due to the anticipated traffic patterns and the widths of the streets, we recommend the proposed curb/bit radii at the major entrance locations to the development be increased to 35 feet. To improve the connectivity of the pedestrian facilities, connections from the sidewalk to street intersections with pedestrian ramps will be required. All watermain fittings, valve boxes, and hydrants shall be wrapped in polyethylene encasement material. Tracer wire for the purpose of locating the main will also be required. These items will need to be noted on the plans. During final design, it will be necessary to modify the sanitary system to eliminate manholes at high points with two outlet pipes. Stubs may need to be added or lengthened to serve the ultimate future service areas or additional looping of watermain within the development may be desirable. Please submit an overall utility plan to assist in this review / determination. It appears that no oversizing of municipal utilities to accommodate future nearby developments will be necessary. 7.5 feet of cover is not achieved at some watermain and forecmain locations. Please verify that the forcemain location at Block 3, Lot 6 is contained within the utility easement. Consider shifting the bend to the north. F:\ALBV\T1521657\corres\Hunter's Pass Review 052705.doc All watermain final design will require review on a per phase basis with final construction plans. This includes valving and hydrant spacing. For informational purposes, hydrant spacing will generally be 300 feet and valving will be required such that no more than 20 units will be vulnerable to a single watermain break or shutdown. Final hydrant and valve spacing and locations shall be reviewed by the Fire Chief and Public Works Department. Standard storm sewer castings are type R3067-V. A 15-foot transition between the proposed surmountable curb and the CB casting is recommended as per City standards. All 12-inch storm sewer shall be Class 5. All 15-inch storm sewer shall at least be a Class 4. The remaining storm sewer lines may be a Class 3 depending on the amount of cover. Please evaluate and modify the storm sewer schedule accordingly. This concludes our review of the materials submitted for the proposed Hunter's Pass Estates Development. We will be available to dicuss the items contained herein at your convenience. Please contact me if you have any questions. Sincerely, BOLTON & MENK, INC. coatk", 411-ra� Mark D. Kasma, P.E. Albertville City Engineer Cc: Larry Kruse, City Administrator Al Brixius, City Planner Michael Couri, City Attorney Dan Faulkner, P.E., BMI F:\ALBV\T1521657\corres\Hunter's Pass Review 052705.doc 0 Proposed final for Council review June 6, 2005 CITY OF ALBERTVILLE CONDITIONAL USE PERMIT PLANNED UNIT DEVELOPMENT AGREEMENT HUNTERS PASS ESTATES THIS AGREEMENT, entered into this day of , 2005 by and between Hunters Development, LLC, a Minnesota limited liability 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 has received preliminary plat approval for the residential subdivision shown on Exhibit M (the "Preliminary Plat") and shall hereinafter alternately be referred to as the "Development" and the Developer will submit final plats for these lands in phases over the course of several years. Developer has requested approval of the final plat of "Hunters Pass Estates" as shown on Exhibit B (also referred to as "Said Plat" or "Subject Property"). This Agreement shall serve as a master agreement for all of the Development and as a primary Developer's Agreement for Said Plat. WHEREAS, the City has given final approval of Said Plat contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, 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 MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 79 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; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: Conditional Use/Planned Unit Development. The Development is hereby allowed to be developed as a Conditional Use/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. It is the Developer's and City's intent that a total of 95 single-family lots be located on the Development. Developer agrees that it shall not construct any dwelling units other than one single-family detached dwelling unit per numbered lot on the land in the Development. B. Developer shall record the Final Plat and this Developer's Agreement no later than August 31, 2005. C. All grading, drainage, utility, wetland mitigation, and transportation issues that arise during development of Said Plat shall be subject to review and approval by the City Engineer. 0 D. Developer shall construct all lot structures consistent with the directory of setbacks attached as Exhibit C. Setbacks for each lot shall meet the following minimum standards: Front yard setback See Exhibit C Side yard setback 5 feet (garage side) Side yard setback 10 feet (living space) Side yard setback See Exhibit C Rear yard setback See Exhibit C All homes constructed on the lots shall be located within the building pad area shown on Exhibit H on file with the City Clerk. E. No rear yard or side yard variances shall occur. F. All single-family units shall be designed and constructed consistent with architectural standards attached hereto as Exhibit D. G. Developer shall install permanent markers identifying the buffer edge along the entire shoreland and wetland boundaries. The number, placement location and the nature of the markers are subject to City review and approval. H. Placement of a Monument Sign. MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc i. Subject to City Council approval of the height, sign face size and design, Developer shall be permitted to install a permanent monument sign identifying the subdivision on Outlot A in the location shown on the attached Exhibit K. ii. Developer shall maintain said Sign in good repair at all times until ownership of such sign is transferred to the Homeowners' Association. Such transfer shall occur when maintenance of other common areas is transferred from Developer to the Homeowners' Association. Upon transfer to the Homeowners' Association, the Homeowners' Association shall maintain the area upon which the Sign is located in a manner free of weeds and shall keep said area mowed in accordance with City ordinances at all times during which the Sign remains in place. iii. In the event Homeowners' Association fails to maintain the Sign or the area around the Sign within 7 days of mailing of written notice by the City requesting the Homeowners' Association to perform such maintenance, the City shall have the right, but not the obligation, to: 1) maintain the Sign and the easement area; or 2) remove the Sign and restore the turf where the Sign was installed. In such event, the City may bill the Homeowners' Association for the City's cost of maintenance and removal, and the Homeowners' Association shall reimburse the City for all such costs within 30 days of billing by the City. In the event the City removes the Sign, the Sign shall become the property of the City and the City shall have the right to dispose of the Sign in any manner it sees fit without paying any compensation to Homeowners' Association for the loss of such Sign. I. Developer shall establish a Homeowners' Association, which shall be responsible for maintaining all common elements including but not limited to sidewalks, monument sign, shoreland and wetland markers, perimeter berming, trails, sidewalks (including snow plowing), the park located in the Development, and cul-de-sac islands. The Association documents shall prohibit the use of fertilizers containing phosphorous and provide for mandatory penalties for violation of the CUP/PUD requirements related to shoreland and wetlands. The Association documents shall also contain the City approved architectural standards. The documents establishing said Homeowners' 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 Homeowners' Association in phases, no building permit shall be issued for any lot, which is not first governed by such Homeowners' Association. J. Trees, shrubs, berms and screening are to be planted and installed as shown on the landscape plan attached as Exhibit E. Said plan shall include the planting of two trees (2" minimum caliper) per lot. 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 M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06.06-05 packet draft.doc 81 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. K. Developer shall replace, at its own expense, any plantings as shown on attached Exhibit E 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. L. Developer shall design and implement a wetland buffer area planting plan, subject to City review and approval, which enhances or restores said area with a combination of grasses, shrubs and trees appropriate to compliment the natural habitat. 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, fill 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 on any lot containing wetlands or shorelands. 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. The Developer shall pay the City $283,674.00 for road improvements necessitated by the Development, including the improvement of 70`h Street which the City intends to improve pursuant to an anticipated future agreement between the City and the City of Otsego. Developer agrees that its properties in the Development may be specially assessed in the amount of said $283,674.00, with said special assessment payable over a three year period, provided however, that if the City enters into a contract for the construction of 70'h Street, the Developer will pay $141,837.00 within 30 days of the • City's request for payment and upon such payment, the City shall reduce the initial $283,674.00 special assessment by $141,837.00. Developer agrees to waive its right to M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc EX • appeal the special assessments authorized in this paragraph to the Wright County District Court pursuant to Minn. Stat. 429.081 on any grounds, including any statutory or constitutional grounds that otherwise may have been available to Developer. Developer agrees to waive any procedural irregularities in the special assessment proceedings. Q. Construction of Large Avenue. i. Developer understands and agrees that the construction of Large Avenue according to the plans attached as Exhibit F is necessary to serve as an access point to the Development as well as to the property adjoining the Development on the west property line of the Development ("Adjoining Property'). At the time of the signing of this document, it is not known whether the Development or the Adjoining Property will first plat property abutting Large Avenue. Developer agrees that if it plats property abutting large Avenue prior to the Adjoining Property, Developer shall construct the entire width of Large Avenue consistent with plans and specifications as required by the City Engineer. In such event, Developer shall pay one-half of the cost of the construction of Large Avenue and the owner -of the Adjoining Property shall pay the other half pursuant to a separate agreement with the City. • ii. In the event the Adjoining Property is the first to plat property abutting Large Avenue, the owner of the Adjoining Property shall construct Large Avenue and Developer shall pay the owner of the Adjoining Property one-half of the cost of constructing Large Avenue. iii. All such payments made pursuant to paragraphs 2.Q.i. or 2.Q.ii. shall be made within 30 days of billing by either party, provided the City Engineer has first confirmed that the costs billed for approximately correspond to quantities installed. Engineering costs incurred by the City in the design and inspection of Large Avenue as well as any other costs incurred by the City related to the construction of Large Avenue shall be included in the costs of construction of Large Avenue, and Developer agrees to pay one-half of such costs incurred by the City within 30 days of billing by the City. Any billing dispute which may arise between the Developer and the owner of the Adjoining Property shall not be a basis for delay in the completion of Large Avenue. iv. Prior to the release of Said Plat, Developer shall provide the City free of charge with permanent street easement over that portion of Large Avenue which is located on the Development and shall also provide the City with temporary construction easements over the Development necessary for the City to cause Large Avenue to be constructed in the event the Adjacent • Property owner constructs Large Avenue. Said easements are shown on the attached Exhibit I. MAPublic Data\City CouncilTouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 83 R. There shall be no parking on one side of all designated local streets on said plat that are • 28 feet in width and Developer shall install appropriate permanent no parking signage. The City Council may, in its discretion, allow parking on said streets at any time in the future. S. Developer shall install all sidewalks and trails pursuant to the sidewalk and trail plan attached as Exhibit G. T. Prior to the release of Said Plat, Developer shall provide the City with permanent utility easements as shown on the attached Exhibit L. Such easements shall be provided at no expense to the City. U. Developer may construct model homes on Lots , Block prior to the installation of the first lift of bituminous surface being placed on the road abutting said lots, provided that Developer first provides a separate access to the model home lots, that the access is a minimum of 20 feet in width, that the access is not located in the road right of way, and that the access is passable and capable of supporting a fully - loaded fire truck at all times. No occupancy permits shall be issued for such model homes until the first lift of bituminous pavement is installed on the road abutting the model homes. 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 Hunters Pass Estates, as prepared by Meyer-Rohlin, Inc. dated May 18, 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. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. C. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said 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. M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 84 D. The Cityshall, at its option, have the City Engineer resent on Said Plat for P tYp inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. 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 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 in a common trench 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: i. Electrical power supply, to be provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carrier; In addition, until such time as the City accepts the street portion of the Municipal • Improvements, 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. WPublic DataCity Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 85 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 I.J. and 4.A. 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 issued with the requirement that the Developer be required to install said on -and off - site items for such lot by the following June 30t`. 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 H. 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. 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 $2,230,380.00 representing the sum of 100% of the estimated cost of the Municipal Improvements ($2,041,200.00), 50% of the on and off -site improvements ($39,000.00),150% of the estimated cost for landscaping/screening materials ($94,500.00), and 100% of the cost of mitigating and monitoring wetlands according to the approved wetland mitigation plan ($55,680.00). 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 M:\Public DataTity CounciWouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc :4 C� Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. E. 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, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 8 6. 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: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the 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 Improvements during the first year of the warranty period and 5% of the • estimated construction price of the Municipal Improvements during the second year of the warranty period. Developer may substitute a warranty bond acceptable to the City Attorney for the warranty letter of credit in the same amounts and duration as required for the warranty letter of credit. iii. When all or a portion of the wetland work required by the approved wetland mitigation plan has been completed. iv. 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. 7. 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 MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 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. 8. 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. 9. Sanitary Sewer and Water Trunk Line Fees. iDeveloper 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 48.75 acres (which excludes Outlot C 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 all property receiving final plat approval are $126,750.00 ($68,250.00 in sewer fees calculated as $1,400.00 x 48.75 acres and $58,500.00 in water fees calculated as $1,200.00 x 48.75 acres). Developer shall pay sanitary sewer and water trunk line fees on Outlot C at such time as these outlots are platted into numbered lots and blocks. 10. 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 attached as Exhibit H 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. 11. 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. 12. Maintain Public Property Damaged or Cluttered During Construction. ATublic DataTity CouncilTouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 89 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 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. 13. 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. 14. 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, except that the sanitary sewer lift station on Said Plat and the water line under Mud Lake shall be constructed and funded by the City as trunk improvements. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet &aft.doc 90 • by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. F. The Developer represents to the City that 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 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. The City may refrain from issuing building permits until all work necessary to establish the wetlands required under the wetland mitigation plan has been completed. 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 100-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 MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.&c 91 16. the estimated high water elevation. When fill is required to meet this elevation, the is 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. 15. 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 15(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 15A of this section shall not apply to any acts or rights of the City under the preceding paragraph 5.F., 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 of the terms of this Contract by the Developer shall be grounds for denial of building permits. 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 M.'\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 92 • 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 with paper and electronic "As-Builts" of all sewers, water mains acceptable to the City Engineer. 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. i. Park Dedication. The Developer hereby dedicates the park shown on Said Plat to the City and the Developer agrees that it shall construct, at its expense, park improvements consistent with the plans and specifications attached as Exhibit J. Said park improvement shall be constructed by October 31, 2005. The Homeowners' Association shall be responsible for maintaining this park in perpetuity in a manner and frequency similar to the maintenance performed on other public parks maintained by the City. In the event the Homeowners' Association fails to so maintain the park, the City may, but shall not be obligated to maintain said park. In such event, the Homeowners' Association shall reimburse the City for all costs incurred in maintaining said park. ii. Trail Dedication. The Developer shall, at its expense, construct the trails shown on the attached Exhibit G. Once constructed, the Homeowners' Association shall maintain the trails in perpetuity in a manner and frequency similar to the maintenance performed on other public trails maintained by the City. In the event the Homeowners' Association fails to so maintain the trails, the City may, but shall not be obligated to maintain said trails. In such event, the Homeowners' Association shall reimburse the City for all costs incurred in maintaining said trails. W. Outlot Dedication. The Developer shall deed Outlots A and B to the City. 17. 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 $61,236.00. Seventy-five percent of this fee shall be paid upon issuance of the final Plat with the remaining twenty-five percent of the fee to be paid upon substantial completion of the Municipal Improvements. 18. Phased Development. If 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 of this phase of the Development shall not be construed as approval of ATublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 93 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. 19. 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 that the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 20. Assignment of Contract. The obligations of the Developer under this Contract can be assigned by the Developer. However, the Developer shall not be released from its obligations under this contract without the express written consent of the City Council through Council resolution. 21. 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. 22. 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. 23. 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. 24. Integration Clause. Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 25. 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 MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 94 • • • Hunters Development, LLC Attn: Matt Froelich 201 S. 7 h Street P.O. Box 1166 Monticello, MN 55262 Telephone: 763-295-4146 Fax: 763-295-4178 28. 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 It's Mayor By It's Clerk HUNTERS DEVELOPMENT, LLC By: Matt Froelich It's: Chief Manager By: Joe Huber It's: Secretary 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. M:Tublic DataTity CouncilTouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 95 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 , as of Hunters Development, LLC, a Minnesota limited liability 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 EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lots 1-4, Block 1 Lots 1-19, Block 2 Lots 1-9, Block 3 Lots 1-10, Block 4 Lot 1, Block 5 MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 96 Lots 1-22, Block 6 Outlot A Outlot B Outlot C All said property is located in Hunters Pass Estates, City of Albertville, County of Wright, State of Minnesota. MAPublic Data\City ComcilTouncil Agcn&s\2005 Agendas\ 06-06-05 packet &aft.doc 97 EXHIBIT B • Final Plat EXHIBIT C Directory of Setbacks EXHIBIT D Architectural Plans EXHIBIT E Landscaping Plan EXHIBIT F "Large Avenue" Plans and Specifications EXHIBIT G Sidewalk and Trail Plan EXHIBIT H Grading, Drainage and Erosion Control Plan EXHIBIT I Road Easement EXHIBIT J Hunters Pass Estates Park Plans and Specifications EXHIBIT K Monument Sign EXHIBIT L Utility Easements EXHIBIT M Preliminary Plat MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 98 0 C] C7 lip 0-1 M:\Public DataTity Council\Councif Agendas\2005 Agendas\A 06-06-05 packet draft.doc m • C� C] M:\Public Data\City Counci]\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 100 • • 'fix MUMV itODom MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 101 � 01 it I � |r.� � !4 2 »APubw _t@el\Co _,#ena\200!&m_«o ._: 102 Is I • rm M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 103 5 :6�f r� • of ! M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 105 • NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners@nacplanning.com May 26, 2005 Mr. Larry Kruse City Administrative Offices P.O. Box 9 Albertville, MN 55301 RE: Albertville — Downtown Parking Study FILE NO: 802 Dear Larry: As in the case of most Historic Central Business Districts, Albertville's downtown businesses have been developed on very small lots along its main street. This development pattern is reliant on on -street parking to meet the business parking needs. As the community ages, the downtown businesses turn over, traffic patterns change and parking needs have become an issue for downtown business. The Albertville Zoning Ordinance recognized the changing parking conditions with the following regulations: Section 1200.09 (cc) — B-4 Parking Requirements (cc) B-4 Parking Requirements. Within the B-4 Zoning District, the City may approve development and uses which do not comply with the required number of parking spaces as a conditional use permit, provided that: (1) A development agreement running with the land is completed in which it is agreed that the property in question is financially responsible for its proportionate share of the City sponsored and provided parking space construction, maintenance, and parking site acquisition for on -street, lot and/or ramp parking. Said responsibility shall be determined on the basis of the property's parking space shortage based upon ordinance requirements, in relationship to the total parking space shortage, as defined by Section 1200 for a defined service and benefit area. The "service and benefit area" shall include all properties which benefit from the available public parking serving a particular retail and commercial neighborhood or district. MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 10 Mr. Larry Kruse 40 Page 2 (2) The amount of parking provided on the property in question is the maximum amount possible, taking into account the use and design objectives of the B-4 District as outlined by this Chapter and the Comprehensive Plan. (3) The parking shortages created by the development are not premature or in excess of the supply which can be provided by the City through a public parking system on a long term basis. (4) The provisions of Section 400.2 (e) of this Chapter are considered and satisfactorily met. The aforementioned regulations recognize that the individual downtown businesses lack the land area and the ability to remedy their individual off-street parking needs and this issue may be better resolved for all the businesses collectively. The downfall of this strategy is that the City does not have a downtown parking plan that would identify potential public parking lots and the cost of creating the public lots. Without these costs being identified, there is no proportional share of public parking that expanding businesses may contribute to per the ordinance. With construction of the City Hall site and other private development interests, there is opportunity to provide some reinvestment in Albertville's Central Business District. With parking and site access being a continuing issue, the City wishes to undertake a Downtown Parking Study. The following work program outlines the steps necessary for this study: WORK PROGRAM Step 1— Inventory In this step NAC will identify the following existing conditions related to property ownership and land use: a. Parcel ownership patterns b. Parcel size C. Current land use, business type and size of building d. Available vacant land e. Existing parking lots and parking stall count To conduct this inventory, NAC will be reliant on City GIS information, tax information, air photos and a field inspection of the downtown. is MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc • Mr. Larry Kruse Page 3 Step 2 — Identifying Parking Demand Based on the inventory of land use, building sizes and types of businesses, NAC will estimate parking demand using the City Parking Standards. The existing parking supply (both off-street and on -street) will be subtracted from the demand to illustrate any parking shortage that may exist. Step 3 — Identifying Potential Public Parking Lot Locations NAC will identify potential sites (undeveloped sites or redevelopment sites) that may offer locations for public parking lots that would address any parking shortages within the downtown study area. The following criteria will be used to evaluate the potential sites: a. Undeveloped land areas b. Parcel size and configuration to provide parking lots that meet City standards C. Proximity to businesses where parking shortages may exist d. Property ownership patterns The intent of Step 3 is to identify potential parking sites that could benefit the existing businesses without being disruptive and offer sites that can provide attractive parking lot design. Conceptual parking lot plans will be provided for preferred public parking lot sites. Step 4 — Estimated Construction Costs NAC will forward the parking lot options to the City Engineer, requesting an estimate of parking lot construction cost. This cost may vary based on the size and number of lots that may be proposed. We will ask for an average cost per parking stall to allow the City to discuss the potential apportionment of costs to businesses that may benefit from the public lots. Step 5 — Planning Commission/City Council Workshop Presentation of the parking study at a joint workshop will be conducted to solicit input on the study and discuss various options for parking lot locations, design, and apportionment of costs. Step 6 — Presentation of Parking Options to Downtown Businesses A presentation of the parking study to the downtown businesses shall occur following the City workshop. This study shall be conducted to gain opinions on parking needs and to determine which parking sites and strategy for implementation may be most supported. M:\Public Data\City CouncilTouncil Agendas\2005 Agendas\+ 06-06-05 packet draft.doc 109 Mr. Larry Kruse Page 4 Step 7 — Finalize Study Following the presentation of the study to downtown businesses, NAC will finalize the study and report back to the City Council with recommendations. The City Council will determine if it wishes to proceed with any downtown parking options. BUDGET Based on the aforementioned work program, we estimate that the time and materials to complete the work program will not exceed $3,960.00. We believe that we could undertake and complete the work program within 60 days of City authorization. This time frame will be dependent on City meeting availability. We hope that this proposal meets your expectation. We are available to meet with you to make any adjustments to the study area or the work program that you feel is necessary to make the project complete. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. Alan R. Brixius, AICP Principal • • MAPublic DataTity CouncilTouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 110 • • NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MIS 55422 Telephone: 763.231 .2555 Facsimile: 763.231.2561 planners@nacplanning.com Imo_ �_� �:►1 U TO: Larry Kruse, City Administrator FROM: Ann Kluessendorf / Alan Brixius DATE: May 5, 2005 RE: Albertville - Landscaping Amendment: Hydroseeding NAC FILE: 163.05 — 05.04 Our staff has been directed to draft an amendment to Section 1000.7 of the Zoning Ordinance pertaining to required landscaping. Please find the enclosed amendments to Section 1000.7 Subd.(b) and (c). These amendments are subject to further modification if the Council wishes to include. MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 113 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2005 - 03 AN ORDINANCE AMENDING SECTION 1000.7 OF THE ZONING ORDINANCE PERTAINING TO REQUIRED FENCING, SCREENING, AND LANDSCAPING THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: Section 1. Section 1000.7 (b) Landscaping: General Residential of the Albertville Zoning Ordinance shall herby be deleted in its entirety and replaced with the following: (b) Landscaping: General Residential. (1) Required Ground Cover. The lot area remaining after provided for driveways, sidewalks, patios, building site and/or other requirement shall be sodded, seeded and mulched prior to issuance of a certificate of building occupancy, as follows: a. Sod/Seeding Requirement 1. The boulevard (street right of way) of the lot shall be sodded. 2. The front yard beyond the boulevard (street right of way) including the side yard shall be sodded. 3. The yard may be seeded in lieu of sodding provided it has an underground sprinkler system which covers 100% of the yard, silt fence installed on the non -sodded perimeter boundary and a cash escrow is established with the City equal to one and one half times the estimated cost of ground cover or a minimum of $3,000 whichever is more plus a $75.00 non-refundable Administrative Fee. Upon satisfactory installation of the ground cover and significant growth as determined by the City, the escrow will be returned to the property owner and a Certificate of Occupancy issued. 4. If the weather or other uncontrollable factors prevent the sodding or seeding of bare ground within fourteen (14) days of the final grading, the area shall be covered with straw or other temporary material to control erosion. • WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draR.doc 114 is b. Non -growing season escrow. 1. A temporary Certificate of Occupancy can be granted for a building during the non -growing season provided that the owner establishes a cash escrow with the City equal to one and one half times the estimated cost of ground cover or a minimum of $3,000 whichever is more plus a $75.00 non-refundable Administrative Fee. Upon satisfactory installation of the ground cover, the escrow will be returned to the property owner and a Certificate of Occupancy issued. 2. If the ground cover is not installed by June lst of the following year, the owner will forfeit the escrowed funds and be required to vacate the property until the Certificate of Occupancy can be issued when ground cover has been installed. The cost to install the ground cover shall be at the homeowner's expense. 3. If the weather of other uncontrollable factors prevent the sodding or seeding of bare ground within fourteen (14) days of the final grading, the area shall be covered with straw or other temporary material to control erosion. 4. A thirty (30) day extension may be granted for good reason by the City Council upon written request of the landowner. C. Exception to sodding or seeding. A homeowner with a yard area in excess of one (1) acre can apply for an extension to the sodding and seeding requirements for yard area portion in excess of (1) one acre provided the landowner submits a ground cover plan acceptable to the City. The intent of this exception is to allow a landowner to seed and mulch, but not irrigate larger acreages. Section 2. Effective Date. This amendment shall be in full force and effect immediately upon its passage and publication. ADOPTED by the City Council of Albertville this day of , 2005. Don Peterson, Mayor 0 Bridget Miller, City Clerk ATublic DataTity Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 115 S -A SEH WETLAND PERMIT APPLICATION REVIEW TO: Mr. Larry Kruse Albertville City Administrator FROM: Deric Deuschle DATE: May 26, 2005 RE: Albert Villas Wetland Restoration Order SEH No. A-ALBEV0307.00 32.40 Project Overview: On February 23, 2005 the Minnesota Department of Natural Resources issued a Restoration Order to Edina Development Corporation (Edina) for non-compliance with the Minnesota Wetland Conservation Act on multiple phases of the Albert Villas development. Upon receiving this order, Edina submitted a Response to Restoration Order, which proposed a combination of corrective action and additional mitigation. This Response was reviewed by SEH staff, the Technical Evaluation Panel (TEP), Albertville City Attorney, and the Minnesota Department of Natural Resources to ensure it was complete and acceptable. During this review a number of additional requirements and concerns were identified and proposed as conditions to any permit issuances. These conditions were provided to Edina for review and comment. Edina responded to the conditions and has provided either the materials requested, or a means to complete the order. Additional review by the TEP will need to be completed to verify that the items identified as complete or in progress are acceptable. Applicant: Rick Lewandowski, Edina Development Corporation Agent: Scott Thelan, Pinnacle Engineering, Inc. Exhibits 1. Restoration Order issued by Minnesota Department of Natural Resources to Edina Development on February 23, 2005. 2. Response to Restoration Order prepared by Pinnacle Engineering for Edina Development; dated March 23, 2005. 3. Convening of Technical Evaluation Panel to review Response; May 6, 2005 4. Letter from SEH to Edina Development identifying additional permit conditions; dated May 17, 2005. 5. Response to Restoration Order (with additional conditions) prepared by Pinnacle Engineering for Edina Development, dated May 23, 2005. Note: e-mail attachment rec'd May 23, 2005; hard copy with appendices rec'd May 25, 2005 WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 117 Albert Villas Restoration Order May 26, 2005 Page 118 6. E-mail from David Wendorf to Deric Deuschle containing suggested revisions to Letter of Credit language; dated May 24, 2005. Findings: 1. Edina Development has proposed to complete the required corrective action as described in their original Response to Restoration Order. 2. The TEP and additional stakeholders have identified or elaborated on an additional 17 conditions that must also be met. These conditions have been reviewed by Edina, and additional information has been provided for each of these conditions. The conditions and response are attached. 3. Edina Development has supplied some of the information required under the Restoration Order, or the proposed additional conditions. A field review of the corrective actions to the original mitigation sites is still needed. Recommendation: Approve with Conditions Review of this wetland permit application/Restoration Order by staff from SEH, acting on behalf of the City of Albertville, and the members of the Technical Evaluation Panel, have determined that the information contained in the initial Response to Restoration Order, the supplemental Conditions, and subsequent Response to Restoration Order are sufficient for completing this project as required. There are a few additional items that require attention or clarification however. These items are listed below for consideration as additional conditions 1. Initiation of corrective action by Edina Development prior to approval of this permit application is at their risk. Placement of signage, restoration or corrective action, or creation of mitigation areas does not constitute approval. 2. Edina Development is responsible for obtaining permission to enter private property to perform corrective actions, and must obtain this permission in writing. These permissions shall also include access rights for the City of Albertville, their representatives, and regulatory personnel related to this project. Permission to access property to perform corrective work related to compliance with the Wetland Conservation Act shall be granted in perpetuity. Verbal approvals are vague, unreliable, and shall not be accepted. 3. The language on the proposed Letter of Credit be changed as follows: a. Letter of Credit shall refer to all phases of Albert Villas rather than just Phase 6 b. The second paragraph of the second page be changed to: "The amount of this LETTER OF CREDIT may be reduced prior to a finding by the City that the goal 0 WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 118 s of the wetland replacement plan has been met in the sole discretion of the City upon written approval" 4. Edina Development shall notify the City and their wetland consultants prior to any activity that will require a field review and/or visual inspection. This will minimize resident impacts, and will allow for prompt approval or identify additional corrective actions. 5. Any violations or unwillingness to comply with this permit, or any of the attached conditions, will be considered a violation of the Restoration Order and will be enforced with legal action. Please feel free to contact me for additional information on these topics. I can be reached at 651.490.2114 or at ddeuschlegsehinc.com. c: Rick Lewandowski, Edina Development Scott Thelan, Pinnacle Engineering Mike Couri, City Attorney Bob Moberg, SEH x:\ae\albev\common\wetland and lgu services\albert villas\albert villas restoration order findings rd 2.doe M:Tublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 119 . �Pinnacle Engineering • May 23, 2005 Mr. Deric Deuschle Short Elliot Hendrickson, Inc. 3535 Vadnais Center Drive 200 SEH Center St. Paul, MN 55110 RE: Response to Restoration Order Albert Villas Development Jason Avenue, Albertville, MN Pinnacle Project No.: MN00039.04 SEH No. A-ALBEV0307.00 32.40 Dear Mr. Deuschle: Pinnacle Engineering, Inc. Tel: 763 315-4501 11541 95+h Avenue North Fax: 763 315-4507 Maple Grove, Minnesota 55369 www.pingeng.com Pinnacle Engineering, Inc. (Pinnacle) was authorized by Edina Development Corporation (Edina) to respond to your letter of May 17, 2005, describing the additional conditions that are anticipated to be included in the City of Albertville final decision concerning the wetland issues at the Albert Villas development (Site) in the City of Albertville, Wright County, Minnesota. Some of the conditions will be met after the local governmental unit (LGU), the technical evaluation panel (TEP) and/or the City of Albertville (City) has conducted Site visits and/or granted their approval. The following are the conditions presented in your letter. Our response follows in italics. 1) Edina Development shall provide the City a survey of the mitigation sites for Albert Villas Phases 1-6 which identifies the location of those sites in relation to existing easements of the City including, but not limited to, wetland mitigation, drainage and utility easements. The purpose of this condition is to allow the City to identify which mitigation sites are currently within City controlled easements and which are located on private property. This survey is forth coming after the LGU, TEP or City has had the opportunity to conduct a Site visit to confirm the location of the mitigation and replacement mitigation areas. The mitigation areas, the City easements, and the 1999 wetland delineation areas are scheduled to be staked on May 31 and June 1, 2005 and should be able for evaluation after that time. WPublic DataTity CouncilTouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 121 Mr. Deric Deuschle Pinnacle Project No.: MN00039.04 May 23, 2001 Page 122 Once confirmed, the drawing will show the mitigation areas shaded in orange, drainage and utility easements are shaded in blue, and the existing wetland from the 1999 wetland delineation in green. Several home owners have stated that placing the deed restrictions and wetland covenants and easements on property not owned by Edina will lead to legal proceedings between Edina, the LGU and the individual homeowners. This process will require Edina and the City to expend a considerable amount of time, effort and money and may not result in the mitigation areas being constructed, restored, or replaced. Edina will pursue replacement of the contested mitigation areas 1m and 5m by means of constructing new wetlands in the undeveloped area adjacent to Phase 6 of the Albert Villas development, as allowed in the Restoration Order. Edina will provide the covenants and easements using the Board of Water and Soil Resources form for the proposed new mitigation areas. 2) Mitigation areas I though 4m shall surveyed in their current state to accurately identify the proposed construction limits. The wetland delineation, as identified prior to construction, shall also be staked in the field. These surveys will be evaluated by the LGU and/or TEP panel members to determine if corrective action has been completed as • proposed. Previous surveys shall be abandoned. The original 1999 wetland delineation is scheduled to be staked on May 31 and June 1, 2005. The original wetland areas will be staked with green painted lath, the mitigation areas will be staked with orange painted lath, City easements will be staked with blue painted lath. The mitigation and wetland delineation should be available for City and TEP evaluation after June 1, 2005. 3) As -built plans shall be provided on mitigation areas I through 4m. As -built drawings shall also be provided for all wetland mitigation sites and upland buffers areas used for Public Value Credit on Phases 3, 4, and 6. Mitigation and /or buffer deficiencies in Phases 3, 4, and 6 if present, must also be compensated for either with corrective action or replacement at 4:1 The As -built drawings are provided for mitigation areas 2m through 4m, and those mitigation areas in Phases 3, 4, and 6 are included in Appendix A. As -built drawings for the remaining mitigation areas and replacement mitigation areas will be completed after the construction has been completed. Construction of mitigation area 1 m is planned for June 10, 2005, after the LGU, TEP or City have conducted an evaluation of the staked areas. No upland buffer PVC credit was applied for in any phase of the development; therefore no replacement or corrective action is needed. Mitigation areas south of County Ditch No. 9 were • constructed as designed and appear to be functioning as self sustaining wetlands. WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 122 • Mr. Deric Deuschle Pinnacle Project No.: MN00039.04 May 23, 2001 Page 3 It should be noted that Wetland 5 seems to be receding from the wetland delineation boundaries. This situation was noted to the LGU as construction activities in this portion of Albert Villas progressed. It was suspected that the adjacent St. Michael development may have decreased or eliminated the watershed of wetland 5, altering the wetlands hydrology and effectively draining a portion of the wetland. Based on these conditions, the proposed buffer around a large portion of wetland 5 may be moot. 4) Following construction, any areas determined to be deficient, either due to inadequate construction or inability to gain access to complete construction, will be included in the mitigation plan to be replaced at a 4:1 replacement ratio. This specifically referenced to the east side of mitigation 2m, but may apply to additional areas. Construction of mitigation area 2m has been completed and the As -built drawings are provided for 2m in Appendix A. The seeding, mulching, and disking of mitigation area 2m is scheduled for June 10, 2005, after LGU, TEP and City evaluation. 5) The additional wetland impact located between areas 7f and 8f shall be replaced 4:1 rather than the proposed 2:1. The area between 7f and 8f, totaling 0.09 acre, will be replaced within the proposed replacement mitigation areas east of County Ditch No. 9. The response proposed the wetland mitigation areas, which totaled 0.23 acre, would be replaced at a 4:1 replacement ratio. With the addition of this 0.09 acre, the total is now 0.32 acre to be replaced at a 4:1 ratio. The total amount of replacement mitigation needed at the 4:1 ratio is 1.28 acre. The amount of new wetland replacement mitigation area will total 1.07 acre, and a 25 foot upland buffer surrounding the replacement mitigation areas totals 0.76 acre, resulting in a total applied for mitigation of 1.83 acre. This total is 0.55 acre larger than the required mitigation acreage needed. 6) Mitigation areas lm through 4m shall be reseeded with a wetland seed mixture and will be disk anchored with clean straw. The tag (list of species and quantities provided from the vendor) from the wetland seed mixture used in the mitigation areas must be provided to the City of Albertville. Mitigation areas 3m and 4m are scheduled for seeding, mulching and disking on June 3, 2005. Mitigation areas 1 m and 2m are scheduled for seeding, mulching and disking on June 10, 2005. Construction of the remaining mitigation areas planned for June, 2005 after the LGU, TEP or City have had the chance for evaluation of the staked areas. The tag lists will be collected as the seed bags are used during the seeding process. These tags will be provided to the City and LGU as the seeding occurs for verification. WFlublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 123 Mr. Deric Deuschle Pinnacle Project No.: MN00039.04 May 23, 2001 Page 4 7) The area between mitigation areas 3m and 4m must also be reseeded and regraded if the survey referenced in Item 1 identifies this area as being filled wetland. This area can also be mitigated off -site at a 4:1 ratio if restoration cannot be completed. This area is scheduled to be staked on May 31 and June 1, 2005. After the area has been staked the LGU, TEP or City will evaluate the area. When the LGU, TEP or City has made their determination of the status of this area, one of the following options will occur. Option A It appears the area between mitigation area 3m and 4m totals O.XX acres (area to be determined after evaluation by LGU, TEP, or City). The surveys and staking indicate that the area was not determined to be a wetland during the 1999 wetland delineation and LGU verification. This area is NOT a filled wetland; however, the area is being seeded and erosion control measures are being put into place. Option B The surveys and staking indicate that this area was within the 1999 wetland delineation and LGU verification. It appears the area between mitigation area 3m and 4m totals O.XXacres (area to be determined after evaluation by LGU, TEP or City). Apparently, the replacement mitigation area will have enough newly created wetlands and upland buffer to mitigate for this area at a 4:1 ratio. However, if this it not the case, off -site mitigation in the form of purchasing wetland banking credits from an approved wetland bank will occur at a 4:1 ratio. 8) Mitigation site 3m shall have the sod removed from the bottom of the open water. The removed material must be removed from the property and disposed of properly. Any exposed bare ground will be seeded and mulched as per Item 6. The sod is scheduled to be removed on May 27, 2005. The sod material will be hauled out of the mitigation area and wetland areas and disposed of properly. As discussed in Item 6, 3m is scheduled for seeding, mulching and disking on June 3, 2005. 9) Damage to private property resulting from corrective action shall be restored immediately following construction activities. This may include but not limited to, replacement of sod damaged by construction vehicles. Construction activities in mitigation area I m through 4m are scheduled to conclude the week of June 13, 2005. Edina has received verbal agreements from the homeowners to access certain mitigation areas. As part of the verbal agreements, Edina has agreed to restore the access ways to the conditions existing prior to construction activities. Any damaged private property has been restored. The reconstructed access areas will be available for LGU, TEP or City evaluation after the construction activities have been completed. WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 124 Mr. Deric Deuschle Pinnacle Project No.: MN00039.04 May 23, 2001 Page 5 10) Signage as proposed in the Response is acceptable, however, an example to scale must be provided to the City of Albertville for approval prior to installation. A plan sheet identifying the proposed placement locations must also be submitted for approval prior to installation. Edina is awaiting the approval of the City prior to ordering the signage. The signage will state, "This area is a protected wetland mitigation area. No mowing or disturbance beyond this point. Please report any disturbances to the City of Albertville. " Currently, the signage is proposed to be placed at alternate lot lines where wetlands, buffers or mitigation areas meet the lot lines. The alternative signage designs are included in Appendix B. 11) Edina Development Corporation shall be responsible for obtaining any necessary permanent or temporary easements and/or rights -of -entry on private property for the purpose of accessing, repairing, and maintaining mitigation sites and for sign placement. All such easements and rights -of -entry are subject to approval by the City. Edina Development has received verbal agreements from the homeowners to access certain mitigation areas. Specifically, access was given by the homeowners for construction activities and access in mitigation areas I m, 2m, 3m, and 4m. As part of the verbal agreements, Edina Development has agreed to restore the access ways to the conditions existing prior to construction activities. 12) The City of Albertville shall receive evidence of title and proof of recording of the deed restrictions and covenants for all newly proposed wetland areas and adjacent buffers prior to any lot sales. These items shall also be supplied to for the mitigation areas associated with Phases 3, 4, and 6. Edina is awaiting the approval of the City prior to recording the deed restrictions and covenants for all newly proposed wetland areas and adjacent upland buffers. A copy of the proposed deed restrictions and covenants is included as Appendix C. Additional copies of the deed restrictions and covenants for all newly proposed wetland areas and adjacent buffers for all lot sales associated with the replacement mitigation areas and the Phases 3, 4 and 6 mitigation areas will be sent to the City prior to the lots being sold. 13) The City of Albertville shall be provided a ghost plat of Phase 7 so it can be determined that the anticipated land uses and layouts will be acceptable with the proposed mitigation areas. MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 125 Mr. Deric Deuschle Pinnacle Project No.: MN00039.04 May 23, 2001 Page 6 The ghost plat will be completed by Rud & Sons Surveying after the conditions listed in item 1, 2 and 7 have been evaluated and verified by the LGU, TEP or City. 14) Monitoring for all mitigation areas within all Phases of Albert Villas shall be reset to year one status. Monitoring reports shall be submitted by August 15 of each year, starting in 2005, to allow for field verification within the growing season. A copy of the proposal between Edina and Pinnacle for the monitoring of all phases of the Albert Villas development is included as Appendix D. Monitoring activities will begin immediately. A report will be presented to the LGUprior to August 15, 2005 for review. 15) The City of Albertville shall receive a letter of credit for $50,000 for the new wetland mitigation areas, plus an additional $10,000 cash escrow for wetland monitoring. These funds may be drawn upon by the City of Albertville if Edina Development does not willfully comply with the conditions of this order. The Letter of Credit was obtained on May 18, 2005. A copy of the letter of credit from Lakeland Construction Finance is included as Appendix E. 41 16) Edina Development must prepare education materials that describe the benefits of wetlands and buffers, and identifies the land uses allowed, or not allowed in these areas. These materials must be provided to all residences within all current and future phases of Albert Villas, and shall include figures that identify the wetlands and buffers present in all phases of the Albert Villas development. Examples of similar materials may be obtained from the Board of Water and Soil Resources. The Edina wetland education materials are planned to consist of a 8.5 X 11 single page sheet with excerpts of the DNB's "Benefits of Wetlands " text and the BWSR "Wetland Benefits " edited together. Also to be included is the BWSR "What is a Wetland" section. The back of the sheet will include a simplified map of the Albert Villas development indicating where the wetlands and mitigation areas are located. A copy of the educational materials by Edina will be submitted to the LGUprior to distribution to the Albert Villas Development. 17) The large earthen mounds currently located in the vicinity of the new mitigation areas in Phase 7 must be removed. • WPublic Data\City CouncilTouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 126 Mr. Deric Deuschle Pinnacle Project No.: MN00039.04 May 23, 2001 Page 7 The earthen mounds will be used in the grading and site preparation of Phase 7. Currently, the mounds are out of the areas proposed for the replacement mitigation areas and upland buffers. Additionally, the mounds have erosion control measures around them. Please feel free to contact me should you have any further questions regarding the project at (612) 315-4501. Sincerely, PINNACLE ENGINEERING, INC. Scott Thelen Project Manager Enclosures cc: Rick Lewandowski, Edina Development Corp. Kyle Hegna, Wilkerson & Hegna Colleen Allen, Wright County Water Conservation District Julie Olson, Minnesota Department of Natural Resources Brad Womey, Board of Water and Soil Resources Bob Moberg, SEH Larry Kruse, Albertville City Administrator Mike Couri, City of Albertville Davis Wendorf, City of Albertville WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 127 SEH WETLAND PERMIT APPLICATION REVIEW s TO: Mr, Larry Kruse Albertville City Administrator FROM: I)eric Deaschle aye ,2005 RE: Albert Villas Wedand Restoration Order SEMI No, .ALBEV03 t .na 32,40 Proiect Ov ew n February 23, -1005 the Minnesota Departi-nem of Natural Re issued Restoration ratititt Order to Edina Developrrient CoTor (Edina) for non -corn liance with the Minnesota Wetland Consenation Act on niultiple phases of the _Alert Villas development Upon receiving this ruder, Edina submitted a Response to Restoration Order, which proposed a combination of corrective action. and additional mitigation. This Response was reviewed ky SEH staff, the Technicid Evaluation Panel (fEP),, Albertville City Attorney, and the Minnesota Department of Natural Rescrtrrees to onsure it was coniplete and acceptable. During this ree icw a number of additional requirements and concerns were identified and proposed as conditions to any permit i . ssuances, These conditions Ak re provided to Edina for review and corninent Edina responded to the conditions and has provided either the mawrials requested, or a means to complete the order. Additional review by the Tl P will need to be completed t veriA, that die items identified as corri lx to or in prti ress are acceptable, A ie ntc Mick Levvandowski, Edina Developnient Corporation Agent- Scott Tlwlari. Pinnacle nginerim'. Inc, Exhibits: 1_ Rewwation Order issued by Minnesota Departinent of Natural Resources to Edina : evel;o inent. +-sit. February 23, 1205, Response to Restoration Ord prepared by Pinnule Engineering i`oi- Edina Development, dated. March 23, 2M5, Convening ofTechtiieal Evaluation panel to review Response'XIav 6,2005 Letter froni SEH to Edina Developrrie tt iderrti%'irij� additional permit conditions dated °flay, 17, 2005, 5. Response to Restoration Order with additional conditions) prepared by Pinnacle Engineering for Edina Develrsptnent., dated May 23, 2005. Note; e-mail attachment read Mai, 213, 2(K.)S; Bard copy with appendices re"d May 25„ 2005 6. I~�ail f-orn David We dorfto I ris. Deuschle corm-ainin suggested revisions to Letter of Credit lari tai e1 dated Itt� Y , 05 Short Elliott Hondrkksw trrc, 3535 VaMilis Certef Drwe, St, Nui, MU. 551106196 SEa i. an eq l e du y ern r 1 www.sehine.com I 1.49D. E ».325,2055 I 65.1,490,215Drax ATublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 129 Albert Vill m RcstoraWn Order May 26, 2005 Pap 2 Findium 1, Edina Dcv-etopmrat has proposed to compictic the rccim", wrroctiveaction as dcscribW in their original Rcsponsc to Restoration Order. 2. The TEP and additional stikcholdm have, is ntificd orclaborajed an an national 17 ppn4itions that must also be met Thcsc conditions ha Nv been mvicwed In-, Edina, and additional infWma -ion has'been provided for oach of these candid om, Thc-condits ns and response am, attaclu4 3, Edina Dmiopmcnt has supplied some of the infmmation "uircd under the Restoration Ordcr,, or the proposM additional cond'hons. A field review of the conmetivc, actions to the original mitigation Sites is still ftQ;d0d- i "r, 'T, r"T, -, MT, L I W-view of this wetland permit applicatioullkeouration, Order bv staff fir M SEHt "ng an behalf of the City of Albert vifie. and the roembers; of the Tochnics! Evaluation Panel,, have determined that the information contained in the initial Rc"nw to Restoraition Or*-r, the supplemental Condiniowo, and sO"Pent Pwspoasc to Wmoratina Order are wMeicat for completing this pro` oet as required. There are a few additional itenix that require attention 'at clariirk*ion however. Thew itena ore listett below for conmitlenWon as additional cons do 1. Initiatioa of corrective acitioa by Edina Develo ment prior to approval of this permit appik*tionisattheir risk, iquoro reo aCt at tr iivc on, or treation of mitignUon aras does not constitutr approval. 2. 'Edina DevrlVment is responAble for obtaining permission to enter priTate propert�y to perform corrective acdons,and must obtain this permission in writing, Thest permis4ons shaff also include a rights for the City of Albertville, their reprMutativM an d regulatory per-4onnd related to this projticc Permimion to news property to perform torrective work related to complianve, with the Welland (-'on*cr,;4fion Act shall he granted in perpduit. Verbal appritvals are vague, ourdiahle, and shall not be aoo*tcd- 3. The language an the prop Letter of Credit be changed m follows,. * Letter of Credit shall refer to all ph of Alhert'Villa* rather than just Ph w 6 b., The pond paragraph of the second page be (,hangod tot 'The amount of this LETTER OF CREDIT moo be reduced prior tot a finding by tbc City that the goal of the mvdand replacement plan has heft met in the We di ion of the City up" written approval" 4, Edina Development iihall notify the (sty and their wetland consultant* prior to onN arthity that will retluirt a ficM review, andfor visual inspection. This will minimize, resident insparts, andwill aflow for prompt. a"roval or identifyhaddiional cor iw dii a On, rect 1, 5. Any violations or unwillingnoo to comply with thou pe t, or any of the ftarho* tonditio,n*4 will be omsidere%da violation of the Roloratioa Order and will the . nforve with kgal action. 0 0 M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 130 i • SEH June 1, 2005' RE: Albertville, Minnesota Albert Villas Wetland Mitigation SEH No. A-ALBEV0212.00 Mr. David Olsen 10315 52nd Street NE Albertville, MN 55301 Dear Mr. Olsen: ` As previously discussed, please find enclosed a sketch of the wetland mitigation area on your property. For your convenience, I have highlighted the existing lot lines, drainage easement boundary, existing wetland, and wetland mitigation area on the property. The mitigation area is part of an overall plan that was approved by the City in 2000. Please call me at 651.490.2147 if you have questions. Sincerely, . Robert L. Moberg, PE Project Manager Enclosure nm s:IaeWiiev102120(ricoiecbleen060105.doc Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 01 SEH is an equal opportunity employer I www.sehinc.com 1 651.490.2000 ( 800.325.2055 1 651.490.2150 fax M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 133 \�'. .fig' .:':/% c ••:Y" NYL HWL INV 94 ,6 t INV 9470 _ .' -_"" __'',,� I I'.. - -�----------- t-r_..___ I I I I x 954.1S I 1 : I s t t S � :� . • � �� I i � t I �`- • g6. .36 RIM 95Z60_ — `L 5+00 E �Ofl ;li M tD I t zl 52 I 1 I 53 63 .. 7Z t • 52: I ( � I �i 11 G-►�__� ---- Y----------- -=- --- t xts a cod I ease �rs�tf — L' • 0 M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet drafr.doc 134 Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • FAX (952) 448-8805 ***M E M O *** DATE: May 26, 2005 TO: Larry Kruse, City Administrator FROM: Mark D. Kasma, P.E., Bolton & Menk, Inc. SUBJECT: Mud Lake Watermain Crossing Honorable Mayor and City Council Members:.. The purpose of this memo is to request approval of the plans and specifications and to receive authorization for advertisement for bids for the Mud Lake Watermain Crossing Project. To follow is a tentative schedule of the project: TASK DATE Plans/Specs Finalized & Authorization to Advertise June 6 Publish in Construction Bulletin June 10, 17, 24 Publish in North Crow River News June 13, 20 Open Bids June 28 Award at Council Meeting July 5 Anticipates! Start of Construction August 8 Substantial Completion Date September 1 I will be available at the June 6`h Council Meeting to discuss this information and your project. • MANKATO, MN • FAIRMONT, MN • SLEEPY EYE, MN BURNSVILLE, MN • WILLMAR, MN • CHASKA, MN AMES, IA www.bolfon-menk.com Arr Equal opportunity Employer WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 135 u 0 Itll a R 101 ' r 10, � IM1111 111p oil 0 Y 3 0 g Jill: pji g^ b R ° 4y Y _i 9 Ali Tim kiab kbkk s'zmio aa$ 8 i mass$ mass g e� gig 999 99999 9999 49 oil-� ©O ® Oe F Y 19 "I I * ol` eikti 'A — / I / 00116 Gil Zi ...... CL 0 11 I * BC:>L--rCXN & M Ea" K 1 NC_ Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • FAX (952) 448-8805 ***M E M O *** DATE: May 27 2005 TO: Larry Kruse, City Administrator FROM: Mark D. Kasma, P.E., Bolton & Menk, Incl SUBJECT: Hunter's Pass. Subdivision — Lift Station Improvements Honorable Mayor and City Council Members: The purpose of this memo is to request approval of the plans and specifications and to receive authorization for advertisement for bids for the Lift Station Improvements within Hunter's Pass Subdivision. To follow is a tentative schedule of the project: Plans/Specs Finalized & Authorization to Advertise June 6 Publish in,Construction Bulletin June 10 17, 24 Publish in North Crow River News June 13, 20 Open Bids June 28 Award at Council Meeting July 5 Anticipated Start of Construction August 8 Substantial Completion Date November 1 I will be available at the June 6th Council Meeting to discuss this information and your project. MANKATO, MN • FAIRMONT, MN SLEEPY EYE, MN • BURNSVILLE, MN • WILLMAR, MN • CHASKA, MN • AMES, IA www.bolton-menk.com An Equal Opportunity Employer WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 137 L �m M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 138 Feasibility Study . for Lachman Avenue Extension City of Albertville, Minnesota May 27, 2005 BMI Project No. T15.21652 MANKATO, MN • FAIRMONT, MN • SLEEPY EYE, MN • BURNSVILLE, MN • WILLMAR, MN • CHASKA, MN • AMES, IA www.bolton-menk.com An Equal Opportunity Employer BOL_T'ON & NA F== N K , I NC. Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • FAX (952) 448-8805 May 27, 2005 Mr. Larry Kruse, City Administrator City of Albertville 5975 Main Avenue NE, P.O. Box 9 Albertville, MN 55301-0009 Re: Feasibility Study Lachman Avenue Extension Honorable Mayor and City Council Members: Pursuant to your request, we have prepared a feasibility study for the Lachman Avenue Extension. We have included maps indicating the proposed improvements and estimated costs. I will be at your June 6ch City Council meeting to present this report. Respectfully Submitted, BOLTON & MENK, INC. *t/4- 4/-� Mark D. Kasma, P.E. Albertville City Engineer MDK/dlp Enclosures MANKATO, MN • FAIRMONT, MN • SLEEPY EYE, MN • BURNSVILLE, MN • WILLMAR, MN • CHASKA, MN • AMES, IA www.bolton-menk.com An Equal Opportunity Employer Summary and Conclusions: The following provides a summary of the information contained within the report and conclusions drawn from the information: 1. All improvements addressed within this report are feasible from a technical standpoint. In addition, the improvements are necessary to provide adequate transportation facilities and municipal services to the project area, and represent cost effective solutions for doing SO. 2. The proposed project consists of constructing a bituminous street, watermain and storm sewer facilities from existing Lachman Avenue at 60th Street N.E. southerly to the north plat line of the proposed LaBeaux Station Plat. 3. The proposed extension will be across private property, platted as Barthel Commercial Park Second Addition, on which no right-of- way currently exists. There is an existing 60 foot wide utility easesment running southerly from the intersection of 60th Street N.E. and Lachman Avenue to 57th Street N.E. centered on a 12- inch sanitary sewer line. 4. The total estimated project costs are apportioned as follows: ITEM Street Construction: Storm Sewer: Watermain: Total Estimated Project Cost: TOTAL PROJECT COST $304,600 $ 28,300 $ 48,000 $380,900 !7 L I. Project Background The impetus of this report is a request from the City of Albertville to evaluate the feasibility of extending Lachman Avenue from 60th Street N.E. to the north plat line of the proposed plat, LaBeaux Station, a distance of 525 feet. Drawing No. 1 indicates the proposed project area. As a condition of approval, the developer of this plat would be required to complete the extension of Lachman Avenue through the plat to 57th Street N.E., an additional distance of 412 feet. Existing Lachman Avenue was extended to 60th Street N.E. and 60th Street N.E. was extended to Lachman Avenue by the developer of Don's Bus Service (6000 LaBeaux Avenue N.E.) in 1997-98. Lachman Avenue was constructed to a width of 45 feet (back of curb to back of curb) with surmountable curbing. In addition, storm sewer was extended from the site paralleling Lachman Avenue to 60th Street N.E. and street catch basins added at the northwest, southwest and southeast quadrants of this intersection. A 30-inch HDPE storm sewer was constructed in a southerly direction from the southeast catch basin a distance of 165 feet, where it outlets to a stormwater treatment pond that was also constructed by the developer. This treatment pond was constructed adjacent to the delineated wetland and it outlets to the wetland, which then drains north via an 18-inch HDPE storm sewer which was constructed by the developer. II. Current Conditions As part of this report, the wetland that would be impacted by the extension of Lachman Avenue was delineated and surveyed by Bolton & Menk staff. While this recent wetland delineation conforms closely with that done in 1997, there is now an area of fill immediately south of 60th Street N.E., along the alignment of the proposed Lachman Avenue extension. The fill area extends south approximately 120 feet and is about 9 feet above natural grade at its high point. The wetland edge is approximately 150 feet south of 60th Street N.E. and extends southerly onto the proposed LaBeaux Station plat. There is an 8-inch watermain under Lachman Avenue which is stubbed out a short distance south of 60th Street N.E. There is also a 12-inch trunk sanitary sewer under Lachman Avenue which continues southerly at a depth of about 20 feet. There is an existing 60 foot wide utility easement over this trunk sewer which extends to 57th Street N.E. throue the proposed LaBeaux Station plat. Proposed Lachman Avenue intersects 57t Street N.E. at a point that aligns with an existing commercial driveway on the south side of 57th Street N.E. r ■ 11 1 t iiRinr�ii�t�►��'►�� M��111,► ! ♦ I i `�nl,ilr r1► �� / / � i�r�rrrN r•, � `- fit 71 r .a an ��1�u..�■■� �� ........�// /////111� No trr �►��, ,� : � � � .. �'I1M■�..�1::� =i�i ,r. IIiI111i11111�U1� ... �,. • ...� ■■■■�r■� �/I/111111 It��■r ■ rr► ■� ■�� M .owl � ► CITY OF r ERTVILLE + IMPROVEMENTS Consulting Engineers & Surveyors VICINITY . r MANKATO, MN FAIRMONT, 2005DRAWING NO. 1 W z 4i BARTHEL Q COMMERCIAL z PARK FIRST g J i T° 60TH ST NE BARTHEL COMMERCIAL PARK SECOND ADDITION- OUTLOT A EXISTING SANITARY SEWER EASEMENT W PROPOSER 80' ROW 45' B—B W W LABEAUX STATION II I I \ .►J. J. i J- W J. I I -------- � _� LEGEND EXIST. EASEMENT 2 EXIST. POND 2 1 I ( 2 EXIST. C&G - - EXIST. WETLAND I PROP. ROW - - - PROP. C&G CITY OF ALBERTVI LLE B CO L.TO N a M E N K, i N c. LACHMAN AVE. IMPROVEMENTS Consulting Engineers & Surveyors PROPOSED STREET & ROW MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN WILLMAR, MN BURNSVILLE, MN CHASKA, MN AMES, IA MAY, 2005 DRAWING NO. 2 H:\ALBT\T1521652\21652FEAS.DWG W I BARTHEL a j COMMERCIA Z I PARK a FIRST g, i 0 120 FUT 1 60TH ST NE_ E BARTHEL- COM-MERCAAL PARK SECOND ADDITION OUTLOT A / PROPOSED 80' r _ RIGHT OF WAY r r r r r r LABEAUX STATION , LEGEND �`�}__ 2 EXIST. POND 2 y 1 2 EXIST. STORM SEWER ~~ ,. EXIST. WETLAND I PROP. STORM SEWER �--�>— �� PROP. POND EXPANSION E3©t_-rC3 N 8L M E N K, i N C7,-. CITY OF ALBERTVILLE Consulting Engineers & Surveyors LACHMAN AVE. IMPROVEMENTS MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN WILLMAR, MN PROPOSED STORM SEWER BURNSW IF, MN CHASKA, MN AMES, IA MAY, 2005 DRAWING N0. 3 H:\ALBT\T7521652\21652FEAS.OWG LU LLi BARTHEL a COMMERCIAL( a PARK FIRST I g 0 120 1 FM 60TH ST NE � J 1 / BARTHEL COMMERCIAL PARK SECOND ADDITION / OUTLOT A /R 1 GHP OF WAY ' LABEAUX STATION 1 LEGEND 2 2 1 2 EXIST. WATERMAIN PROP. WATER VALVE PROP. HYDRANT PROP. WATERMAIN CITY OF ALBERTVILLE BGU LLTO N 8L M E N K, 1 Nc. LACHMAN AVE. IMPROVEMENTS Consulting Engineers & Surveyors PROPOSED WATERMAIN MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN WILLMAR, MN BURNSVILLE, MN CHASKA, MN AMES. IA MAY, 2005 DRAWING NO. 4 H:\ALBT\T1521652\21652FEAS.DWG III. Geotechnical Information As a part of the required geotechnical data obtained for the proposed LaBeaux Station plat, an additional soil boring was taken midway between this north plat line and 60th Street N.E. within the wetland. The results of this soil boring indicated poor soils to a depth of 14 feet. The soils consultant is recommending subcutting through the wetland and backfilling with a minimum of 2.5 feet of sand over a geotextile fabric. IV. Proposed Improvements Lachman Avenue would be extended as a 44-foot wide (face of curb to face of curb) bituminous roadway from its existing terminus at 60th Street N.E. and align with Lachman Avenue, as proposed through the LaBeaux Station Plat (refer to Drawing No. 2). This will require a westerly shift of 147 feet, which will be accomplished by designing two horizontal curves into the proposed alignment. While Lachman Avenue north of 60th Street N.E. has surmountable curb and gutter, straight -back curb and gutter, B618 is proposed for the extension. The `B" type curb is preferable when there are either known access points or none anticipated. Due to the wetland, through which most of the extension will be constructed, it is probable that no future accesses will need to be constructed along this section of roadway. In addition, the proposed LaBeaux Station plat has B618 curb and gutter for Lachman Avenue, as their access points are included in the preliminary plan. In accordance with the soils consultant's analysis and recommendation, a 3-foot subcut is recommended through the wetland, backfilled with 3 feet of sand over geotextile fabric. The pavement section would include 8-inches of class 5 aggregate over the sand, along with 5.5-inches of bituminous pavement to meet the City's 9-ton design requirement. The vertical alignment of the proposed roadway would include one low point where stormwater can be collected. This runoff would then be piped easterly in an 18-inch reinforced concrete pipe (RCP) to the existing treatment pond as shown in Drawing No. 3. The volume of this pond will need to be increased slightly to accommodate the additional runoff from the roadway. A separate 24- inch RCP culvert would be required to provide for the wetland drainage from west to east under Lachman Avenue. A portion of the existing 30-inch HDPE storm sewer along the east side of the proposed Lachman Avenue extension may need to be removed and re -installed as a part of the roadbed construction. Utility improvements include extension of the existing 8-inch watermain as indicated in Drawing No. 4. There are existing water service stubs to the property west of Lachman Avenue off of 60th Street N.E., so additional services should not. be needed. There is an existing 12-inch sanitary sewer running north/south, as well as a 12-inch line extending to the west through the wetland, both of which 2 could be used for service, as necessary. There is also an 8-inch sanitary sewer under 60th Street N.E., which could provide service. V. Wetland Impacts Wetland impact cannot be avoided with the Lachman Avenue extension. It will impact approximately 0.9 acres, which will require 1.8 acres of mitigation. The required wetland process will be followed, in accordance with the Wetland Conservation Act. It is recommended that the City purchase wetland credits through the Minnesota Board of Water and Soil Resources, rather than purchasing upland for the required mitigation. The current purchase price of wetland credits through the BWSR is $4,930 per acre to Public Transportation Authorities. VI. Right -of -Way and Easement Needs The proposed extension of Lachman Avenue would require obtaining 80 feet of right-of-way from the owner of the property, Barthel Commercial Park Second Addition. The total area of right-of-way needed to accommodate the 525-foot long extension would be 0.96 acres. In addition, a utility easement would be necessary for the storm sewer extension to the treatment pond. The expansion of the treatment pond may also necessitate obtaining a drainage and utility easement for ponding. Temporary easements will also likely be necessary for construction purposes. VII. Project Costs The total preliminary project cost is estimated to be $380,900 which includes construction, contingencies, engineering and legal, fiscal and administrative costs. Any right-of-way or easement costs are not included. ITEM Street Construction: Storm Sewer: Watermain: TOTAL PROJECT COST $304,600 $ 28,300 Total Estimated Project Cost: $380,900 3 PRELIMINARY COST ESTIMATE FOR LACHMAN AVENUE NE EXTENSION CITY OF ALBERTVILLE, MINNESOTA May 2005 ITEM QUANTITY UNIT COST/UNIT TOTAL COST STREET CONSTRUCTION: Common Excavation 1800 CY $7.00 $12,600.00 Subgrade Excavation 3300 CY $8.00 $26,400.00 Geotextile Fabric 3300 SY $1.50 $4,950.00 Select Granular Borrow 4700 CY $20.00 $94,000.00 Class 5 Aggregate Base 1400 TON $12.00 $16,800.00 Bituminous Base Course 570 TON $32.00 $18,240.00 Bituminous Wear Course 2415 SY $3.25 $7,848.75 B618 Curb and Gutter 1060 LF $8.00 $8,480.00 Seed and Fiber Blanket 1050 SY $3.00 $3,150.00 Topsoil Borrow 175 CY $18.00 $3,150.00 Silt Fence 1250 LF $2.00 $2,500.00 Wetland Mitigation (Purchase Credits) 1.8 ACRE $4,930.00 $8,874.00 Remove Curb 50 LF $5.00 $250.00 Subtotal $207,242.75 5% Mobilization $10,362.14 Total Construction $217,604.89 Contingency $21,760.49 Engineering $43,520.98 Legal, Fiscal, and Administration $21,760.49 Total Project Cost $304,646.84 ITEM QUANTITY UNIT COST/UNIT TOTAL COST STORM SEWER: 48" Structure 3 EACH $1,200.00 $3,600.00 18" RCP 115 LF $27.00 $3,105.00 24" RCP 60 LF $40.00 $2,400.00 18" Flared End 1 EACH $1,200.00 $1,200.00 24" Flared End 2 EACH $1,500.00 $3,000.00 Draintile 200 LF $12.00 $2,400.00 Rip Rap 15 CY $45.00 $675.00 Pond Expansion 160 CY $7.00 $1,120.00 Seed and Fiber Blanket 200 SY $3.00 $600.00 Topsoil Borrow 40 CY $18.00 $720.00 Silt Fence 200 LF $2.00 $400.00 Subtotal $19,220.00 5% Mobilization $961.00 Total Construction $20,181.00 Contingency $2,018.10 Engineering $4,036.20 Legal, Fiscal, and Administration $2,018.10 Total Project Cost $28,253.40 WATERMAIN: 8" PVC Watermain 560 LF $30.00 $16,800.00 6" PVC Hydrant Lead 20 LF $20.00 $400.00 Hydrant 1 EACH $2,000.00 $2,000.00 8" Gate Valve 2 EACH $850.00 $1,700.00 6" Gate Valve 1 EACH $650.00 $650.00 Connect to Existing Watermain 2 EACH $2,500.00 $5,000.00 Fittings 900 LBS $2.00 $1,800.00 Aggregate Bedding 50 TONS $12.00 $600.00 Bituminous Patch: Select Granular Borrow 45 CY $25.00 $1,125.00 Class 5 Aggregate Base 45 TONS $15.00 $675.00 Bituminous Base Course 20 TONS $40.00 $800.00 Bituminous Wear Course 90 SY $12.00 $1,080.00 Subtotal $32,630.00 5% Mobilization $1,631.50 Total Construction $34,261.50 Contingency $3,426.15 Engineering $6,852.30 Legal, Fiscal, and Administration $3,426.15 Total Project Cost $47,966.10 i 1 1 1 1 1 1 1 1 1 1 1 Feasibility Study for 52nd Street Improvements City of Albertville, Minnesota May, 2005 BMI Project No. T 15.21651 MANKATO, MN • FAIRMONT, MN • SLEEPY EYE, MN • BURNSVILLE, MN • WILLMAR, MN • CHASKA, MN • AMES, IA www.bolton-menk.com An Equal Opportunity Employer 1 t BOL_T(=>N 8; MAN K, INC_ Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • FAX (952) 448-8805 IMay 27, 2005 ' Mr. Larry Kruse, City Administrator City of Albertville 5975 Main Avenue NE, P.O. Box 9 Albertville, MN 55301-0009 Re: Feasibility Study 52nd Street Improvements Honorable Mayor and City Council Members: Pursuant to your request, we have prepared a feasibility study for the 52" d Street Improvements.. We have included maps indicating the proposed improvements, estimated costs, cost apportionment, and potential financing methods. ' I will be at your June 6t' CityCouncil Meeting to present this report Respectfully Submitted, BOLTON & MENK, INC. ' Mark D. Kasma, P.E. Albertville City Engineer 1 MANKATO, MN • FAIRMONT, MN • SLEEPY EYE, MN • BURNSVILLE, MN • WILLMAR, MN • CHASKA, MN • AMES, IA ' www.bolton-menk,com An Equal Opportunity Employer SUMMARYAND CONCLUSIONS. ' The following provides a summary of the information contained within the report and conclusions drawn from the information: ' 1. All improvements addressed within this report are feasible from a technical standpoint. In addition, the improvements are necessary ' to provide adequate transportation facilities and municipal services to the project area, and represent cost effective solutions for doing so. ' 2. The proposed project consists of constructing a bituminous street, sanitary sewer, watermain and storm sewer facilities on 52nd Street ' from approximately 500 feet east of Barthel Drive to Marlowe Avenue. ' 3. As of this writing, it is our understanding that no improvements are planned within the Mackenzie Avenue right-of-way, and that Lots 12 and 13, Block 2 will receive access and utility service from Lot ' 6 and Marlowe Avenue respectively. As such, Lots 12 and 13 are not included in the cost apportionment discussed in this report. D 4. Several possible funding sources are available for this project, including but not limited to, Chapter 429 Improvement Bonds, Revenue Bonds and Ad Valorem Taxes. 5. The cost apportionment method is based on the "Buildable" area per benefiting lot. 6. The total project costs are apportioned as follows: Sanitary Sewer: Total Project Cost: $ 97,108.20 City of Albertville: $ 76,745.42 Non -City Lots: $ 24,362.78 �h%o+ar•rn o i n Total Project Cost: $116,482.80 City of Albertville: $ 92,057.33 Non -City Lots: $ 24,425.47 r, 11 GENERAL: L The impetus of this report is a request from the City of Albertville to evaluate the feasibility of improving the easterly portion of 52nd Street by installing municipal utilities and constructing an urban section bituminous street. Drawing No. 1 indicates the proposed project area. The proposed improvements include sanitary sewer, watermain, storm sewer, and street construction on 52na Street from approximately 500 feet east of Barthel Drive to Marlowe Avenue. All lots to be served by these improvements are currently platted as part of the "Barthel Industrial Park" Plat. As of this writing, it is our understanding that there are no plans to complete improvements within the Mackenzie Avenue right-of-way. It is assumed that Lot 12, Block 2 will be utilized in conjunction with Lot 6, Block 2, and thus receive utility service and access through Lot 6. In addition, it is assumed that Lot 13, Block 2 will have utility service and access available from Marlowe Avenue in the future. Considering the aforementioned, Lots 12 and 13 will receive no direct benefit from the proposed improvements, and thus are not included in the cost sharing of any of the improvements addressed in this report. SANITARY SEWER: Drawing No. 2 indicates the proposed sanitary sewer improvements. The proposed sanitary sewer improvements include construction of a manhole over the existing 8-inch sanitary sewer southwest of the existing lift station located on Lot 11, Block 2, and extending an 8-inch gravity sewer west, approximately 260 feet, along 52nd Street, to serve Lots 9 and 10, Block 2 and Lot 2, Block 10. In addition, an 8-inch gravity sewer is proposed to be extended to the east to Marlowe Avenue. This extension is intended to provide service to Lots 11 and 14, Block 2 and Lot 1, Block 10, as well as be available for future extension to the east, north, and south along Marlowe Avenue. The proposed sanitary sewer construction crosses the existing culvert and ditch that crosses 52nd Street. Temporary ditch flow by-passing and removal and replacement of the existing culvert will likely be required. For the purposes of this report, it is assumed that the existing lift station has adequate capacity to serve the proposed improvements. The lift station capacity should be evaluated during the design phase of the proposed improvements, as well as in the planning phases of future developments to ensure that modifications to the lift station are not required. The total estimated project cost for sanitary sewer is $97,108.20. An itemized cost estimate is included in Appendix A of this report. I I I I I E I I I I I I I 56 (J� 10A, CKENTIE AVE E3 C> 1--r C) r-4 a, M a NJ K, I r-4 C. CITY OF ALBERTVILLE Consulting Engineers & Surveyors 52ND STREET IMPROVEMENTS MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN WILLMAR, MN PROPOSED SANITARY SEWER I T BURNSVILLE, MN CHASKA, MN AMES, [A I MAY, 2005 DRAWING NO. 2 I WATERMAIN. Drawing No. 3 indicates the proposed watermain improvements. The proposed watermain improvements include the extension of a 12-inch diameter main from the existing 12-inch stub located approximately 500 feet east of Barthel Drive to Marlowe Avenue. This extension is intended to serve the lots ' of this project, as well as provide service, looping and extension east of and north and south on Marlowe Avenue for future connections. Six-inch diameter service stubs are proposed for the commercial/industrial lots. The total estimated project cost for watermain is $116,482.80. An itemized cost estimate is included in Appendix A of this report. STORM SEWER: ' Drawing No. 4 indicates the proposed storm sewer improvements. The proposed storm sewer improvements include the construction of storm sewer ' and ponds capable of conveying and treating runoff from the proposed street, as well as a portion of runoff from each of the fully developed lots. Storm sewer ' stubs to each lot are proposed to allow a connection point from the developed lot to the storm sewer system. The apparent depth of the ditch crossing 52nd Street requires the construction of two separate storm sewer and pond systems. One west of the ditch with the proposed pond being located on Lot 10, between two wetland areas, and the other east of the ditch with the proposed pond located on Lot 1, adjacent to the existing wetland. The proposed storm sewer and pond system is intended to convey runoff and provide rate control and water quality for the street and a portion of the developed lots, thus reducing the amount of onsite ponding/treatment required by each ' individual lot. An updated wetland delineation and appropriate topographic survey should be ' completed in the design phase of the project to accurately determined the location configuration and sizing of the proposed ponds. ' The total estimated project cost for storm sewer is $144,471.60. An itemized cost estimate is included in Appendix A of this report. 1 STREET CONSTRUCTION. Drawing No. 5 indicates the proposed street improvements. CD o _ 200 J FEET 0-) rCC} No Cif r �7 D rr7 4 Uri 56 55 r r � A41), KEPI Z'L AV CAI -P LEGEND EXISTING 12" WATERMAIN PROPOSED 8" WATERMAIN PROPOSED 6" SERVICE ..� _. PROPOSED HYDRANT CITY OF ALBERTVILLE BOLT©N 8� MENK, �Nc. 52ND STREET IMPROVEMENTS Consulting Engineers & Surveyors MANKATO, MN FAIRMONT. MN SLEEPY EYE, MN WILLMAR, MN PROPOSED WATERMAIN suRNsvILLE, MN cliASKA, MN AMEs, IA MAY, 2005 DRAWING N0. 3 0 200 FEET (D 33� Z-1 QL � V cb MACKENZIE AVE CXL ACHE LEGEND EXISTING WETLAND PROPOSED STORM SEWER PROPOSED POND E3C>L--rC)" 43L Mr-="t<, i N c. CITY OF ALBERTVILLE Consulting Engineers & Surveyors 52ND STREET IMPROVEMENTS MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN WILLMAR, MN PROPOSED STORM SEWER BURNSVILLE, MN CHASKA MN AMES, LA MAY, 2005 DRAWING NO. 4 / �J � (� \ r` ' / ' / / / '.`� LEGEND EXISTING BITUMINOUS EXISTING GRAVEL EXISTING C&G PROPOSED BITUMINOUS CITY OF ALBERTVILLE E3C:)L--rC:>r*4 aL Mar%4t<, 1"C:�. [52ND STREET IMPROVEMENTS Consulting Engineers & Surveyors MANKATO, MN FAIFWONT. UN SLEEPY EYE, MN WILLMAR, MN CURB & GUTTER MAY, 2005 DRAWING The proposed street improvements include the construction of the City's standard commercial/industrial street section from approximately 500 feet east of Barthel Drive to Marlowe Avenue. The City's standard section includes 5 1/z-inches of bituminous, 8-inches of aggregate base, 18-inches of select granular borrow, and geotextile fabric with concrete curb and gutter at a width of 42 feet, back of curb to back of curb. The construction of a 42-foot wide street will widen the existing gravel surface, resulting in potential wetland fill. The Board of Soil and Water Resources (BWSR) has been contacted regarding the purchase of wetland banking in lieu of mitigation. Preliminary indications are that the project is eligible to purchase banking and banking is available. As such, the costs used in the estimate include the purchase of banking. Verification of eligibility, banking availability and amount of banking required should be completed during the design phase of the proj ect. It is anticipated that a majority of excavated material generated by construction will have to be disposed of offsite. A portion of the suitable excavated material may possibly be used to complete some site grading on City owned lots. Use of excavated material for lot grading will require soil borings on lots to evaluate the need for soil corrections prior to placing fill, stripping topsoil, placement, shaping and compaction of excavated materials, respreading topsoil and turf restoration. The extent of potential excavated material used for lot grading should be evaluated during the design phase of the project. The total estimated project cost for street construction is $420,778.39. An itemized cost estimate is included in Appendix A of this report. FINANCING: Several possible funding sources are available for use on this project including, but not limited to, Chapter 429 General Obligation Improvement Bonds, Revenue Bonds and Ad Valorem Taxes. It is our understanding that the City is able to assess itself under the provisions of Chapter 429, thus the required minimum assessment percentage of 20% is attained for the project. Depending upon the funding source(s) selected for this project, the debt service can be financed through the use of special assessments, user charges, availability charges, ad valorem tax revenues, and as lots are sold. The proposed method of cost apportionment is based upon the `Buildable" area per benefiting lot. The "Buildable" area of each lot was estimated by excluding existing wetland areas, proposed pond areas, and irregular shaped small sized areas of the lot. Drawing No. 6 indicates the estimated buildable area for each lot. The actual buildable area should be determined by delineating wetlands, r I ► 0 200 rJ in _. Q _�. FEE[ r, p 1v „ Q •CU C r 1 1D fir. cq (D ►vQ7 W (b O' to4 CAD CQ�Q ' T�3 cb CD C) p � Z: f ' UD v , ' • l • . . � Qp a� rno . , (b (b _ (D NJoo n- C) C,1Z f0 ry Nci CN© C 0 o a (� oCb o m m 0 0 . LEGEND EXISTING WETLANDS PROPOSED POND BUILDABLE AREA TOTAL LOT AREA B O 1_TC3 N 8L M a N K, INC. CITY OF ALBERTVILLE Consulting Engineers & Surveyors 52ND STREET IMPROVEMENTS MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN WILLMAR, MN ASSESSMENT MAP BURNSVILLE, MN CHASKA, MN AMES, IA MAY, 2005 DRAWING NO. 6 verifying topography, and completing pond design if the project is to move forward. The total estimated project costs are apportioned as follows: Sanitary Sewer: Total Project Cost: $ 97,108.20 City of Albertville: $ 76,745.42 Non -City Lots: $ 24,362.78 Watermain: Total Project Cost: $116,482.80 City of Albertville: $ 92,057.33 Non -City Lots: $ 24,425.47 Storm Sewer: Total Project Cost: $144,471.60 City of Albertville: $114,177.11 Non -City Lots: $ 30,294.49 Street Construction: Total Project Cost: $420,778.39 City of Albertville: $332,544.68 Non -City Lots: $ 88,233.71 Total Project Costs: City of Albertville: $615,524.55 Non -City Lots: $163,316.44 Total Project Cost: $778,840.99 A cost apportionment summary is included in Appendix B of this report. M PRELIMINARY COST ESTIMATE FOR 52nd STREET IMPROVEMENTS CITY OF ALBERTVILLE, MINNESOTA May 2005 ITEM SANITARY SEWER: 48" Diameter Manhole 8" PVC SDR 35 6" PVC Service Pipe 8" X 6" Wye Aggregate Bedding Construct MH Over Existing Pipe Ditch By -Pass Remove 36" Culvert 36" Culvert WATERMAIN: QUANTITY UNIT COST/UNIT TOTAL COST 5 EACH $2,500.00 $12,500.00 1230 LF $26.00 $31,980.00 240 LF $22.00 $5,280.00 6 EACH $100.00 $600.00 150 TONS $12.00 $1,800.00 1 EACH $2,500.00 $2,500.00 1 LS $5,000.00 $5,000.00 80 LF $15.00 $1,200.00 80 LF $65.00 $5,200.00 Subtotal $66,060.00 5% Mobilization $3,303.00 Total Construction $69,363.00 Contingency $6,936.30 Engineering $13,872.60 Legal, Fiscal, and Administration $6,936.30 Total Project Cost $97,108.20 12" PVC Watermain 1250 LF $35.00 $43,750.00 6" PVC Service / Hydrant Lead 300 LF $25.00 $7,500.00 Hydrant 3 EACH $2,000.00 $6,000.00 12" Butterfly Valve 2 EACH $1,000.00 $2,000.00 6" Gate Valve 9 EACH $650.00 $5,850.00 Connect to Existing Watermain 1 EACH $2,500.00 $2,500.00 Fittings 4500 LBS $2.00 $9,000.00 Aggregate Bedding 220 TONS $12.00 $2,640.00 Subtotal $79,240.00 5% Mobilization $3,962.00 Total Construction $83,202.00 Contingency $8,320.20 Engineering $16,640.40 Legal, Fiscal, and Administration $8,320.20 Total Project Cost $116,482.80 PRELIMINARY COST ESTIMATE FOR 52nd STREET IMPROVEMENTS ' CITY OF ALBERTVILLE, MINNESOTA May 2005 ITEM QUANTITY UNIT COST/UNIT TOTAL COST ' STREET CONSTRUCTION: Common Excavation 7700 CY $7.00 $53,900.00 ' Subgrade Excavation 215 CY $8.00 $1,720.00 Subgrade Preparation 6400 SY $1.00 $6,400.00 Geotextile Fabric 6400 SY $1.50 $9,600.00 ' Select Granular Borrow 3400 CY $20.00 $68,000.00 Class 5 Aggreagte Base 3250 TON $12.00 $39,000.00 Bituminous Base Course 1280 TON $32.00 $40,960.00 ' Bituminous Wear Course B618 Curb and Gutter 5450 2600 SY LF $3.25 $8.00 $17,712.50 $20,800.00 Seed and Fiber Blanket 3350 SY $3.00 $10,050.00 Topsoil Borrow 560 CY $18.00 $10,080.00 Silt Fence 3000 LF $2.00 $6,000.00 ' Wetland Mitigation (Purchase Credits) 0.41 ACRE $4,930.00 $2,021.30 Subtotal $286,243.80 5% Mobilization $14,312.19 ' Total Construction $300,555.99 Contingency $30,055.60 Engineering $60,111.20 Legal, Fiscal, and Administration $30,055.60 ' Total Project Cost $420,778.39 ' ITEM QUANTITY UNIT COST/UNIT TOTAL COST STORM SEWER: 48" Catch Basin 9 EACH $1,200.00 $10,800.00 ' 15" RCP 20 LF $24.00 $480.00 18" RCP 675 LF $27.00 $18,225.00 21" RCP 125 LF $32.00 $4,000.00 24" RCP 21" Flared End 60 1 LF EACH $40.00 $1,200.00 $2,400.00 $1,200.00 24" Flared End 1 EACH $1,500.00 $1,500.00 Draintile 400 LF $12.00 $4,800.00 Outlet Control Structure Rip Rap 2 15 EACH CY $2,500.00 $45.00 $5,000.00 $675.00 Pond Excavation 4500 CY $7.00 $31,500.00 Seed and Fiber Blanket 2500 SY $3.00 $7,500.00 Topsoil Borrow 400 CY $18.00 $7,200.00 ' Silt Fence 1500 LF $2.00 $3,000.00 Subtotal $98,280.00 5% Mobilization $4,914.00 Total Construction $103,194.00 Contingency $10,319.40 Engineering $20,638.80 ' Legal, Fiscal, and Administration $10,319.40 Total Project Cost $144,471.60 11 ' Unvco�vao Q�cOq�n�nraD (n a N t-d'v01 Z ZF M Cl) CS!aO N O n nrn Z m m co CD Q WN3 O e- vs Hi vs vs 60 CA - Oe -Na mmN'tCl! V rnow OJ m Uw60co Co mm !coim mvov VOCIAOM" m ' F- d C of b FJ Of - CD p NMm to U)rn a e- us vs 40 r mr - us in P- ar CA or-w N OO�M nMNM V nUn O MOmCO ' 0 N nC7Ot0n CO V CD Lo ONOOn hm t000 :3 O n a m m O N It;O {- EA Kl G&di 69 div c O U �rnrnrnrnOO 0 0 0 0 0 0 ' �U annnnnn N N N N N N o00000 _ U ommmmmm es cfs es 6& es 6& ' O OR y O OOm M n m wcoN n m oil-MMOMNH OmMvo o. N N 0n UO L0 C11 OOO LUR It V 3.6 N N M N N a F- .� fJ3 G9 EH fA fA N co O m nnnnnn CD CO CO CD 0 ' E O (Q U Q 0 N co N co N 0 N 0 N 0 N y N r-t. N N N N N c F OC.% �is3s�� LO �p ' Q Z O C b 0 o mm Zw- O N n COvnnm n O W oMWvimMLOV4 vW W Z U LO OOnvmcoa M N N O N m N m m mM Z w V- O N d' M /O f0 T W) co ' to W 16 Fp- cfs � vs � � tss o m �s N LD COO COD COO COD W COO W -= Cl �QcNacommmw a O N N Cl! N N N Z Q N o00000o y V Q Z J Q LL U6ovsifsifsifswa a) N LV g Z "'�Co`rncr°DiN ' co p. 0 m �Unuomvmo o rnv_C3all CDCD via Cs o m Z UC IL �- a (1) Q N Cn O F Y nON05 FS nO 0 m 3 SO Q U- t!3 f; E9 69 b9 EA O C cis UnansC)nm� 0 o Q ' i' v)np mn41 � �cl; Q V°� VP_ U�Lccn I-- O N�sY 0 'st CDNNM � p[�ONMMtD 0 N N N p N = d dU 2 N zaa Z- a ova p QQQ -QQ ' o 0 0 o 0 ' O Y YYY 1.LC i Qaaaaa f6 N W QS t6 - v a c a �-occc c Wc----- Z .c .c c s t ��CsmmCs dmmm In N N N O O ' N Y Y Y - - -�G m-- C� m-XY 07C000 0 O � � N ' 0 0 0 0 0 0 BaL.._1"'ON & NA E—= N K i NC. Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • FAX (952) 448-8805 May 27, 2005 Mr. Larry Kruse, City Administrator City of Albertville 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301-0009 RE: Space Aliens Grill & Bar Dear Mr. Kruse: Pursuant to your request, we have computed the SAC and WAC charges for the above referenced building. It is our understanding that the City of Albertville follows the Metropolitan Council's Reserve Capacity Charge Manual in determining equivalent residential units (ERUs). Considering this, the SAC and WAC charges are computed as follows: Dining Room and Lounge Area: 3618 sf Number of Seats (1 seat / 15 sf): 241.2 seats Sewer Access Charge: 241.2 seats / 8 seats per ERU = 30.15 ERU 30.15 ERU x $4600.00/ERU = $138,690.00 Water Access Charge (Joint Powers Portion): 241.2 seats / 8 seats per ERU = 30.15 ERU 30.15 ERU x $1668.00 = $50,290.20 Water Access Charge (City Portion): 241.2 seats / 8 seats per ERU = 30.15 ERU 30.15 ERU x $950.00 = $28,642.50 Total WAC Charges: _ $ 78,932.70 Total SAC and WAC Charges: _ $217,622.70 We are available to discuss this matter at your convenience. Sincerely, BOLTON & MENK, INC. Mark D. Kasma, P.E. • Albertville City Engineer WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 139 BC) I_T(=>N F=- N K 1 N C- Consuiting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • FAX (952) 448-8805 May 27, 2005 Mr. Larry Kruse, City Administrator City of Albertville 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301-0009 RE: 2005 Street Overlay Improvements Honorable Mayor and City Council Members: Enclosed is a tabulation of bids received on May 26, 2005 for the above referenced project. A total of four (4) bids were received, ranging from a low bid of $94,713.00 to a high bid of $118,461.50. The low bid was submitted by Universal Enterprises of Mid MN, Inca from Sauk Rapids Minnesota. Universal Enterprises completed the 2004 Overlay Project for the City. We recommend award of a contract in the amount of $94,713.00 to Universal Enterprises of Mid -MN, Inc. Sincerely, BOLTON & MEND, INC. qwh6 Mark D. Kasma, P.E. Alberrville City Engineer enclosures • MANKATO, MN • FAIRMONT, MN • SLEEPY EYE, MN • BURNSVILLE, MN • WILLMAR, MN • CHASKA, MN • AMES, IA www.bolton-menk.com An Equol Opportunity Employer M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 141 TABULATION OF BIDS FOR 2005 STREET OVERLAY IMPROVEMENTS CITY OF ALBERTVILLE, MINNESOTA BID DATE: MAY 26, 2005 -11:00 A.M. CONTRACTOR BID BOND TOTAL AMOUNT BID' Universal Enterprises of Mid -MN, Inc 5% $94,713.00 Magnum Company, LLC 5% $108,734.85 Omann Bros, Inc. 5% $113,793.75 Buffalo Bituminous, Inc. 5% $118,461.50 Total Number of Bidders: 4 FAALBWT15.21648\SPECIBid TabAs • • • WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 142 t BUJ 1_TCaN c� I\/I � N K I Nam. Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 . FAX (952) 448-8805 May 27, 2005 Mr. Larry Kruse, City Administrator City of Albertville 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301-0009 RE: 2005 Bituminous Seal Coat Project Honorable Mayor and City Council Members: Enclosed is a tabulation of quotes received on May 26, 2005 for the above referenced project. A total of four (4) quotes were solicited, and three (3) quotes were received. The quotes received range from a low quote of $14,414.40 to a high quote of $24,832.69. The low quote was submitted by Pearson Brothers Inc. from Loretto Minnesota.. Pearson Brothers Inc. has successfully completed numerous projects of this nature in the • area. We recommend award of a contract in the amount of $14,414.40 to Pearson Brothers Inc.. Sincerely, BOLTON & MINK, INC. Mark D. Kasma, P.E. Albertville City Engineer enclosures MANKATO, MN • FAIRMONT, MN • SLEEPY EYE; MN • BURNSVILLE, MN WILLMAR, MN • CHASKA, MN • AMES, IA www.bolton-menk.com An Equal Opportunity Employer WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 143 TABULATION OF QUOTES FOR 2005 BITUMINOUS SEAL COAT PROJECT CITY OF ALBERTVILLE, MINNESOTA QUOTE DATE: MAY 26, 2005 -11:00 A.M. CONTRACTOR TOTAL AMOUNT QUOTED Pearson Bros., Inc. $14,414.40 Allied Blacktop $18,785.44 Caldwell Asphalt Co. $24,832.69 Astech No Quote Total Number of Bidders: 3 FAALB\AT15.216471spec\Bid Tab.xls I� 0 • WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 144 0 Proposed final for Council review June 6, 2006 CITY OF ALBERTVILLE CONDITIONAL USE PERMIT/ PLANNED UNIT DEVELOPMENT AGREEMENT PARKSIDE COMMERCIAL DEVELOPMENT THIS AGREEMENT, entered into this day of , 2005 by and between Premier Development Group, LLC, referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer's predecessor in title and the City have entered into an agreement titled City Of Albertville Developer's Agreement Parkside Commercial Center ("Parkside Agreement"), dated December 21, 2000 and recorded in the office of the Wright County Recorder, Wright County, Minnesota, as document number A727978; and WHEREAS, Developer and City desire to amend the Parkside Agreement relating to specific items set forth below that affect Lot 2, Block 1 ("Subject Property"); 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 the Subject Property and the conditions imposed thereon. NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each parry's promises and considerations herein set forth, as follows: 1. Intent of the Parties. This Amended Conditional Use Permit/Planned Unit Development ("Amended Developer's Agreement") shall apply to the property described on the attached Exhibit A. It is the intent of the parties that this Amended Developer's Agreement ("Amended Developer's Agreement") and the Parkside Agreement be read together to determine the rights and obligations of the parties with respect to the property contained within Lot 2, Block 1 of the Parkside Commercial Plat. In the event of a conflict between the terms of the Parkside Agreement and this Amended Developer's Agreement, the terms of this Amended Developer's Agreement shall control with respect to such conflicting terms. 2. Construction of Municipal Improvements. A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Parkside Commercial, as prepared by dated , 2005 and on file with the City Clerk, said improvements to include installation of water mains, sanitary and ATublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 145 storm sewers. 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. B. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. C. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. D. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. 3. Construction of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. All private streets shall be installed according to the plans and specifications for Parkside Commercial, as prepared by dated , 2005 and on file with the City Clerk. All yard areas shall be sodded with grass or landscaped in accordance with the attached Landscaping Plan. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface, ponding or wetlands. Said on- and off -site improvements shall be installed no later than October 31, 2005, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. 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 within the private street easements or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Xcel Energy or other such carrier; 0 WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 146 • ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carrier; In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Developer shall abide by the City Engineer's requirements for silt fencing of the lots and access to the lots during building construction. F. Developer agrees that all buildings shall be constructed in the locations illustrated on the attached Exhibit B. G. The City and Developer agree that the Developer shall install the Lighting Improvements described on the attached Exhibit C, which shall supercede the Lighting Plan applicable to Lot 2, Block 1 that was Described in Section 10, Paragraph O in the Parkside Agreement. H. The City and Developer agree that the Developer shall install the buildings in substantially the same design and configuration as shown on the attached Exhibit G (1) and (2). The exact building placement/design shall be subject to site plan approval by the City Council except where specifically set out in this agreement. I. The City and Developer agree that the Developer shall install the Utility Improvements described on the attached Exhibit D, which shall supercede the Utility Plan applicable to Lot 2, Block I that was attached as Exhibit B to the Parkside Agreement. J. The City and Developer agree that the Developer shall install the Grading Improvements described on the attached Exhibit E, which shall supercede the Grading Plan applicable to Lot 2, Block 1 that was attached as Exhibit C to the Parkside Agreement. K. The City and Developer agree that the Developer shall install the Landscaping Plan Improvements described on the attached Exhibit F, which shall supersede the Landscaping Plan applicable to Lot 2, Block 1 that was attached as Exhibit D to the Parkside Agreement. L. Unless the City Engineers specify a later date, said improvements shall be installed by October 31, 2005, with the exception of erosion control, drainage ATublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 147 swales and berming, which shall be installed upon initial grading of Subject Property. 0 4. Conditional Use Permit/Planned Unit Development. The City Council Approves the Conditional Use Permit/Planned Unit Development (CUP/PUD) for Lot 2, Block 1 subject to the following conditions: A. Uses within the buildings shall be limited those shown on the attached Exhibit H. There shall be no outdoor storage allowed within the site. B. The Monument signage shall be limited to no more than two signs that are no more than twelve (12) feet in height and are no more than eighty (80) square feet of sign face and shall be placed in the locations shown on the attached Exhibit B. Wall signage shall not exceed 48 square feet for each building entrance location. A separate sign permit will be required for this application. All sign lighting shall be on a timer that will turn off lights no later than 11:00 p.m. No window signs shall be permitted on the west or south site of the building. All signs shall have a dark background with white lettering. C. All light poles shall not exceed twenty (20) feet in height. All lights shall be at 90- degree cutoff. D. The Common Interest Community (CIC) declarations, by-laws, and related association documents shall be subject to the review and approval of the City Attorney and shall be recorded at the Wright County Recorder's Office. E. The City approves the proof of parking arrangement for the southern most five parking stalls shown on the attached Exhibit E. As a condition of approval, the property owner need not construct the fire stalls initially, but shall be required to construct these parking spaces upon order of the City if parking demand exceeds the supplied parking, resulting in parking on 57t' Street, parking within drive aisles, or parking on landscaped areas of the site. 5. 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 WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 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. 6. Developer to Payity'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. 7. Drainage Requirements. Developer shall comply with all requirements for drainage into any county ditch or other ditch through which water from Subject Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any SFederal, State, County or City requirements, all at Developer's expense. In addition, Developer shall fully comply with all recommendations made by the County or City Engineer relative to required drainage improvements. 8. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the attached Exhibit E. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 9. 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. 10. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as iapproved by the City Attorney) as security that the obligations of the Developer M:\Public DataTity CounciWouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 149 under this contract shall be performed. Said letter of credit or surety shall be in the amount of $ .00 representing the sum of 100% of the estimated cost of the Municipal Improvements ($ .00) and 150% of the estimated cost for landscaping/screening materials ($ .00). 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 pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. E. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 11. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements, and when it is reasonably prudent, the Developer i WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 150 may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements which have been fully completed and payment made therefore. 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: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. Developer may substitute a warranty bond acceptable to the City Attorney for the warranty letter of credit in the same amounts and duration as required for the warranty letter of credit. iii. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The 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. 12. 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. 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 M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 151 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 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 attorneys fees incurred by the City as a result of such legal action. 14. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public Is improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. F. The Developer represents to the City that 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 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. i MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 152 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 depending upon when building permits are applied for 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 100-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 property has been approved by the Building Inspector or a professional soils engineer. 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. L. The City and Developer agree that there are currently no defaults existing with respect to Lot 2, Block 1 of Parkside Commercial Center under the Parkside Agreement and all fees and reimbursable costs owed to the City under the Parkside Agreement have been satisfied. 15. 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 0 full The thirty (30) day notice period shall be deemed to run from the date of WFlublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 153 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 attorneys 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 14(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 14A of this Agreement shall not apply to any acts or rights of the City under paragraph 9E, and no notice need be given to the Developer as a condition precedent to the City drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. D. Breach of any of the terms of this Contract by the Developer shall be grounds for a p denial of building permits. 16. Dedications to the City. Municipal Improvement Dedications. The Developer, upon presentation to the City of evidence of good and marketable title to the Development, and simultaneous with the execution of this Agreement, shall dedicate to the City drainage and utility easements over the Municipal Improvements. Said dedications shall be in a form and with legal descriptions acceptable to the City Engineer and City Attorney. Should the City be required to maintain or improve the utilities described in Exhibit D, the City shall be responsible only for restoration of the surface to gravel level with grade. The Developer shall be responsible for restoration of all bituminous, concrete and other improvements at and above grade level. 17. 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 pay or incur WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 154 • in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. n LJ 18. Assignment of Contract. The obligations of the Developer under this Contract can be assigned by the Developer. However, the Developer shall not be released from its obligations under this contract without the express written consent of the City Council through Council resolution. 19. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 20. Administrative Fee. A fee for City administration of this project shall be paid prior to the City executing this Agreement. Said fee shall be three percent of the estimated construction costs of the Municipal Improvements. The administrative fee for this development is $ . Seventy-five percent of this fee shall be paid upon signing of the Agreement with the remaining twenty-five percent of the fee to be paid upon substantial completion of the Municipal Improvements. 21. 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. 22. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 23. 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: WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 155 City of Albertville c/o City Clerk • P.O. Box 9 Albertville, MN 55301 Telephone: (612) 497-3384 Premier Development Group, LLC 600 — 25 Ave. South Suite I I I St. Cloud, MN 56301 23. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Donald Peterson, Its Mayor By Bridget Miller, Its Clerk Premier Development Group, LLC By Its Chief Manager 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 • MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 156 • 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 , as of Premier Development Group, LLC. Notary Public DRAFTED BY: Couri, MacArthur & Ruppe, P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 612 97-1930 s WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 157 EXHIBIT A The legal description of the Prop3to which this agreement applies is: Lot 2, Block 1, Parkside Commercial Center, according to the plat of record in the Wright County Recorder's Office, Wright County, Minnesota. M \Public'Data\City CouticiWouncil Agendas\2005 Agendas\A 06-05-05 packet dra&doc 158 [EXHIBIT LIST] Exhibit A Legal Description Exhibit B Site Plan Exhibit C Lighting Plan Exhibit D Utility Plan Exhibit E Grading Plan Exhibit F Landscaping Plan Exhibit G (1) and (2) Elevation Plans Exhibit I3 Permissible Building Uses MAPublic Data\City CoundhCouncil Agendas\2005 Agendas\A 06-0"5 packet dtait.doc 159 a■ �QF -- 1 • a ` � I I E j f � 41 -77A I.. . A Z 0 a PARKSIDEi' I COMMERCIAL CENTER '� s G • t 110ft 2 • Abwtvgef mbmmta 0 • • M:\Public Data\City CouncilTouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 160 • • 0 4LbL.YL 44L44Y Lb4uL4Y YbLY. LY44.b YYb 4ybbY4 Lb4LY uby.414.b 44Yb LUL14Ma64L4 LLYL644L44L.LLb1y LL.4bL by.4b 11LYLt bY444L4YLb® 4bL rL4L44YbL 4yY L4YY44 4 Y44 Ll b44LY4u Lb L1.1bbLY ' LYL L a4LL4LLYL4b444yY 4LY4 ti� Y4 bU44.L-3•. ;+4L4LLF3. \rL ybbY ` L L 4M�G L lr'EZ r b L LL b 4 L 4 L �.�LUtLY � b 644E Y LLLb 444E LL44.Y4tY 44 b 1LYY1 444 Y LL byyb YY'L1yb4by Y 44 11LLL YL1rbtLyb L L41Yu L44 L. 4 4LL b LL4Y LY4 L. 1 b Y. Ya Ly Lt Lt LLY LbLy �mri YM64 L YL S.L Lbb L4.L 1 4.4.0 abr yyy b b Y Y 4:b 4 4 L L LY 4 l \ L4YY hyYbb rYLL b- SrL1 Y41YbbbY 46Y L 1 r ybY 4LbL 44 164 LL. 4a Y b a\i b -LL 64 Y 114 bYL Lu Y L ybLy YSrYbyybLY4LYY46L4 64LY 1L tib b4LY bY4YL1.LYY41.1 L44YL 4 r.. v b4 Y4 to b1 yr. YY a:u ti.Y ,4.L b v Y Ly S.0 LL M�i43w�4 4 4YLLbLbb bLbbL aU b L44La.4b4f LLLL4. Y L rlrb Y b 46L 4 Y L u L4L� 144 -'b l LL Lb b4hbb 4.u4L .bL LL b uL LL Yb L bMYYW!,I L \•u 57th STkEE:T NE a, Scnlel V = 60-01 RECEIVED MAR 15 90A4 PARK IDE COMMERCIAL CENTER Site fighting Praposa Alber' vide, Minneseto ,.lu�,a saip�a�s�praees M:\Public DataTity Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 161 'I SLT-FENCE DETAIL YT a� �I s Vwff mar SOMMULE sranMaewase«Eour yam.......,-.. +.�, ..,,� `i i I PAAKS®E COAMORWAL PARK KAw� GRADMM AND CONETNNCTIpN PLAN .S. • 0 is M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 162 • • 0 f M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 163 All i t --y i HICHMAY !9 �., r r r r s •• ti•_•• j. 1 �E6 1 *sr*s••54g5 oil A r i ; PARKSIDE r f COMMERCIAL CENTER s Y ttWWbj 2 - Albwftdl ,, MMnuota • M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 164 El 0 0 t� ----------- ---------- uj ui OC TLLJ j :2 < 0 u -3 REVAMONS (5N4 AT SIM. V A3 MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 165 H:I€ :fir MEN* MN E!F+/AnCVS m MONO 1 6EYATMM S�ert. Hwa«.. A4 .7 • • M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draftdoc 166 • PARKSIDE COMMERCIAL CENTER ALBERTVILLE, MN APPROVED USES GENERAL OFFICE, including the following: Insurance Agency Travel Agency Accounting / Bookkeeping firms Management companies Bank/Credit Union / Depository institutions Financial Planner Investment Banker Loan production office Appraisal Firm Title Insurance Company Mortgage Loan Company Small loan company Realty Company/ Agency Real Estate development office Architectural firm Engineering firm Laboratory / Research offices Telemarketing Collection Agency MEDICAL USE, including the following: General practice physician Dental practice Medical specialty use Eye care offices/ with associated retail products Orthodontist Chiropractic Psychiatric / Family Counseling Hearing aid examination with assoc. retail products Other medical or dental related use as may be approved by City PERSONAL SERVICE USE, including the following Hair & beauty salon (no nails only) Student Learning Center Physical Therapy Physical Fitness (limited to 2,000 s.f max.) Occupational Therapy WPublic DataTity CounciWouncil Agendas\2005 Agendas\, 06-06-05 packet draft.doc 167 • • Michael C. Couri* Andrew d. MacArthur Robert T. Ruppe— •;a o Ikensed in Illinois -*,Wo Amwed in Catifor*d May 27 2005 COURT, MACARTHUR & RUPPE, P.L.L,P. Attorneys at Law 70.5 Central Avenue East PO Box 30 St. Michael, MN 55376--030 (763) 497:1930 (763) 497-2399 (FAX) courimacarthur a)earthlinlcnet Mr. Gregory D. Soule. Best & Flanagan, L.L.P. 225 South Sixth Street, Suite 4000 Minneapolis, MN 55402 Re. City of Albertville; Darkenwald Commercial Park. Dear Mr. Soule: �y David R. Wendorf� Kristen H. Carr Alison K. Marwitz Our office represents the City of Albertville. Darkenwald Real Estate, Ltd. and Welcome Furniture & Appliance, Inc. have requested that the City reallocate the special assessments which have been levied on properties in the Darkenwald Commercial Park. To that end, I have drafted and enclose a special assessment waiver and agreement to pay City expenses for your review. I am assuming that you represent Welcome Furniture & Appliance in this matter. Please review this document and contact me to confirm that is it acceptable. I expect this matter to be on the City's Tune 6, 2005 meting agenda. Thank you. Sincerely, Michael C. Couri Court, MacArthur & Ruppe, P.L.L.P. Enclosure Cc Larry Kruse WPublic Data\City CounciWouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 169 UTY OF PLBERTUI1.E API -LT LhiA i'[lps Veca- p 2005 I.uq Kmse City Mmapr City of Al`Wtvitlt 5971 Main Avetue NE Albamllt. A N 55301 lie: pwjIo=tj= of Special Ades=&= Nar Mr. Knee: May, 02 -005 02:06Ft A7 -T41 P ,iCAM4 H61 `li tkrllme Funitrne dt Appliances. !PC. 1i Mid to is the fev "W of Lot ), gloat 1=d th CX A. Albem►i& iwk. Tax iD No.101-OW001010. Based on *rmstion whkb we have neeiti ed from Wzi f bt CMX :wfiuh 15 Owled'hen %Q. it is our t .i¢r3tew} ag rbat tbtas = M%ial its, from Njm Ala. 2431)] , wbWb lee b aan lcKed ag> Lac I. ,be orlgl W gr0dPal Umm, of &aseaes axpeAU *vs $1111,464.03. it is air nadernaadiag daaa, afla m of the Pmian of zbe spe" mm=wntsvii were Cali£eed to and have btevtns pgAlc 041h rite ;oaf eEirto texas paiable is Ztlf}5, thGrt will bt a bata= owmg of thee& speanj atsftsmmm waft $71,079.44. Lot 1 yard Otstlot A umm sold to Welcomt Fwui=o & ApyySMt, Lw- ezw4miej byriel ko wWd RWtI Ltd. (-Da*ww4n. Daticeaweld CA%TA thret Qd= tars itt rite mme Block 1 of A&at aW Bussmess Pic, ftmety. Lot 2 (Tax M No. lol-08MID20)L Lot 3 (Tat ID No- 101--01-0 ;. am Lot 4 kTax 3D NO,101-OU-01040)_ WCkG= and lysei MW dd have aSU 4d by mgvasriag the City m 1xap1am r$. that dye b&b = of the trosasmwmt for Pro3°tC Ho. 24301. rrotatleg 571,01g 44. be removed as a Uabiluy &Lot 1 sod NOW A. and be rtasldPW md w"Hol mod to Lists 2, 3 rmd 4. as follows: '317,769.61(25% of tint b*U=l to Lot 2.517,7d9.ti 1 (25% of the babu=) to Lot 4. and $35.539,22 (50% of the bidoc l to Lot 3. We my r0q;xsdss$ dW you mske thin njuccudcm as soon as possible. tf),nubave sty quwaa %pk>lsae canton us both im etdY. vary mdy yo=, Wetco m Futalt= dt Appliance. Im. r l A y� Its: E+iclosure 0i7I.JgFu OD1.3011"0 i Das]tea*zld Beat £state. Ltd. By' Its: 0 • M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 170 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2005-16 A RESOLUTION REDIRECTING ASSESSMENTS WHEREAS, Welcome Furniture & Appliances, Inc. is the owner of Lot 1, Block 1, and Outlot A, Albertville Business Park, Property Identification Number 101-088-001010. WHEREAS, Darkenwald Real Estate Ltd. is the owner of Lot 2, Block 1, Albertville Business Park (PID Number 101-088-001020); Lot 3, Block 1, Albertville Business Park (PID Number 101-088-001030); and Lot 4, Albertville Business Park (PID 101-088-001040). WHEREAS, Welcome Furniture & Appliances, Inc. and Darkenwald Real Estate, Ltd mutually agree to transfer the assessment from Lot 1, Block 1 and Outlot A, Albertville Business Park to Lots 2, 3 and 4, Block 1, Albertville Business Park. WHEREAS, when Darkenwald Real Estate Ltd sold the property to Welcome Furniture & Appliance Inc. the assessments paid at closing where not applied to Lot 1, Block 1, and Outlot A, Albertville Business Park. NOW, THEREFORE, be it resolved by the City Council of the City of Albertville, Wright County, Minnesota, hereby directs its staff to reassign the $71,078.44 assessments levied on Lot 1, Block 1 and Outlot A, Albertville Business Park owned by Welcome Furniture & Appliance, Inc. and certify it as follows on Lots, 2, 3 and 4, Block 1, Albertville Business Park owned by Darkenwald Real Estate Ltd. Lot 2, Block 1, Albertville Business Park PID 101-088-001020 $17,769.61 (25% of balance) Lot 3, Block 1, Albertville Business Park PID 101-088-001030 $17,078.44 (25% of balance) Lot 4, Block 1, Albertville Business Park PID 101-088-001040 $35,539.22 (50% of balance) ADOPTED by the City Council this 6th day of June, 2005. Don Peterson, Mayor Bridget Miller, City Clerk MAPublic DataTity Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 171 AGREEMENT TO REALLOCATE SPECIAL ASSESSMENTS WHEREAS, Welcome Furniture & Appliance, Inc. ("Welcome") and Darkenwald Real Estate, Ltd. ("Darkenwald") have requested that the City reallocate special assessments among properties owned by Welcome and Darkenwald; and WHEREAS, the City of Albertville ("City") is willing to reallocate the special assessments as requested by Welcome and Darkenwald, provided that Welcome and Darkenwald agree to waive certain rights set out herein, including the rights set out herein, and pay the City's costs in reallocating the special assessments; NOW, THEREFORE, the City, Welcome and Darkenwald agree as follows: 1. The City shall reallocate the special assessments in the amount of $71,078.44 among the properties and in the manner as requested by Welcome and Darkenwald in that certain letter dated May 2, 2005 and attached as Exhibit A to this Agreement. 2. Welcome and Darkenwald agree to waive any right to appeal the reallocation of the special assessments in the amount of $71,078.44 among the properties and in the manner set out in the attached Exhibit A. Specifically, Welcome and Darkenwald waive any right to appeal said special assessments under Minn. Stat. § 429.081, on constitutional grounds, or on any other grounds which may be available. Welcome and Darkenwald waive any irregularities in said procedure, including any irregularities in notice or publication, and specifically waive the requirement of a public hearing prior to the reallocation of said special assessments in accordance with the attached Exhibit A. 3. Welcome and Darkenwald agree to pay the City's costs in preparing this Agreement and in reallocating the special assessments as requested by Welcome and Darkenwald. Welcome and Darkenwald shall each pay one-half of the City's costs within 30 days of billing by the City. 4. Any party which breaches any term of this Agreement shall pay the reasonable attorney fees of any non -breaching party necessary to enforce the terms of this agreement and shall pay all expenses incurred by the non -breaching parties as a result of such breach, including attorney's fees, court costs and disbursements. Dated: , 2005 WELCOME FURNITURE & APPLIANCE, INC. By: Its: DARKENWALD REAL ESTATE, LTD. Lo Its: • 0 WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 172 CITY OF ALBERTVILLE SECOND AMENDMENT TO THE MASTER PLANNED UNIT DEVELOPMENT AGREEMENT TOWNE LAKES THIRD 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 and the City have entered into an agreement titled City Of Albertville Master Planned Unit Development Agreement Towne Lakes Third Addition ("Master Agreement"), dated October 3, 2003 and recorded in the office of the Wright County Recorder, Wright County, Minnesota, as document number 894487; and WHEREAS, Developer and City desire to amend the Master Agreement relating to the configuration of the preliminary plat of Towne Lakes Phase II and to provide for the construction and funding of a street to be built for the benefit of the development; and NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 16. 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 Towne Lakes Third Addition 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. 17. Amendment of Paragraph 1, Subparagraph B and Exhibit B of the Master Agreement. Paragraph 1, Subparagraph B and Exhibit B of the Master Agreement are hereby amended as follows: The preliminary plat of Towne Lakes Phase II attached as Exhibit B to the Master Agreement is hereby modified by the attached Exhibit R. It is the intent of the parties that Exhibit B and Exhibit R are to be read together with Exhibit R superseding Exhibit B in those areas where the Exhibits are inconsistent. Those areas of Exhibit B not superseded by Exhibit R remain in full force and effect. The City acknowledges and agrees that the modification of the preliminary plat as set forth in Exhibit R results in a three lot increase in the number of approved detached single-family lots. 3. Amendment of Paragraph 1 of the Master Agreement. Paragraph 1 of the Master Agreement is hereby amended by adding the following language as subparagraph EE: MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 173 EE. Construction of Large Avenue. is V. Developer understands and agrees that the construction of Large Avenue according to the plans attached as Exhibit S is necessary to serve as an access point to the Development as well as to the property adjoining the Development on the east property line of the Development ("Adjoining Property'). At the time of the signing of this document, it is not known whether the Development or the Adjoining Property will first plat property abutting Large Avenue. Developer agrees that if it plats property abutting large Avenue prior to the Adjoining Property, Developer shall construct the entire width of Large Avenue consistent with plans and specifications as required by the City Engineer. In such event, Developer shall pay one-half of the cost of the construction of Large Avenue and the owner of the Adjoining Property shall pay the other half pursuant to a separate agreement with the City. vi. In the event the Adjoining Property is the first to plat property abutting Large Avenue, the owner of the Adjoining Property shall construct Large Avenue and Developer shall pay the owner of the Adjoining Property one-half of the cost of constructing Large Avenue. vii. All such payments made pursuant to paragraphs 1.EE.i. or LEE.ii. shall be made within 30 days of billing by either party, provided the City Engineer 40 has first confirmed that the costs billed for approximately correspond to quantities installed. Engineering costs incurred by the City in the design and inspection of Large Avenue as well as any other costs incurred by the City related to the construction of Large Avenue shall be included in the costs of construction of Large Avenue, and Developer agrees to pay one-half of such costs incurred by the City within 30 days of billing by the City. Any billing dispute which may arise between the Developer and the owner of the Adjoining Property shall not be a basis for delay in the completion of Large Avenue. viii. Upon the execution of this Agreement, Developer shall provide the City free of charge with permanent street easement over that portion of Large Avenue which is located on the Development and shall also provide the City with temporary construction easements over the Development necessary for the City to cause Large Avenue to be constructed in the event the Adjacent Property owner constructs Large Avenue. Said easements are shown on the attached Exhibit T. U MAPublic DataTity CounciWouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 174 C, 4. 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 Homer H. Tompkins III Its 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 MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 175 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, MacArthur & Ruppe P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612) 497-1930 • WFlublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 176 Is � � G 3 a, F Yr 0 0 H � u, a 0 u w 9 1. o a 0 as G u .I I Q � C S o t „ s 0 Proposed Final for Council Review June 6, 2005 CITY OF ALBERTVILLE DEVELOPMENT AGREEMENT ALBERTVILLE CROSSING 3RD ADDITION THIS AGREEMENT, entered into this day of , 2005 by and between Cascade II Land Development 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 of the real property described in the attached Exhibit A, which real property is proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Albertville Crossing 3rd Addition" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning Said Plat and the conditions imposed thereon; and 40 WHEREAS, the City has given preliminary and final plat approval of Said Plat contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to trail(s), grading, sanitary sewer, municipal water, storm sewer (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 lots, drainage swales, berming, street signs, street lights, street cleanup during project development, erosion control, and other site -related items. NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Planned Unit Development, Conditional Use and Variance. The Development is hereby allowed to be developed as a Planned Unit Development with flexibility from the strict requirements of the City's Zoning Ordinance in relation to selected items detailed in this paragraph. WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 177 A. Developer agrees that all buildings shall be constructed subject to site plan approval by the City Council. 41 B. At the time of the recording of this Agreement at the Wright County Recorder's Office, Developer shall record a cross access easement which will allow mutual cross access between Block 1, Lot 1 and Outlot A of Said Plat. C. This Agreement does not constitute building or site plan approval and Developer must obtain building and site plan approval for all buildings constructed on Said Plat. D. Developer shall provide on -site ponding as a condition of issuance of a building permit E. Trees, shrubs, berms and screening are to be planted and installed in locations subject to approval by City Council. The Developer shall guarantee that all new trees shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. F. Developer shall replace, at its own expense, any plantings that might be damaged during the construction of any future buildings on Said Plat. Developer shall guarantee that all plantings replaced pursuant to this paragraph shall survive for two full years from the date of planting. G. 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. H. Prior to issuance of building permits, developer shall provide grading drainage plan, utility plan, site plan, landscaping plan acceptable to the City Council. 2. Construction of Municipal Improvements. A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Albertville Crossing 3rd Addition, as prepared by dated , 200 and on file with the City Clerk, said improvements to include installation of water mains, sanitary and storm sewers, and trail along CSAH 19. All such improvements shall MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 178 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. B. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. C. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. D. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. 3. Construction of On- and Off-10 Site Improvements. A. Developer shall construct all on- and off -site improvements including installation p g boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. All yard areas shall be sodded with grass or landscaped in accordance with the attached Landscaping Plan. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface, wetlands or ponds. 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 within the private street easements or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; ATublic DataTity CouncilTouncil Agendas\2005 AgendasW 06-06-05 packet draft.doc 179 iv. Cable TV service, to be provided by a local carrier; 0 In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Developer shall abide by the City Engineer's requirements for silt fencing of the lots and access to the lots during building construction. D. Notwithstanding the requirements of subparagraph 3A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case a certificate of occupancy may be issued if all on- and off -site improvements except landscaping and sod have been installed. In such cases, the Developer shall cause the required landscaping and sod to be installed by the first June 30'h following the issuance of the occupancy permit. 4. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $ .00 representing the sum of 100% of the estimated cost of the Municipal Improvements ($ .00). 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 pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. M:\Public Data\City CouncilTouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. E. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 5. 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 therefore. 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: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the 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 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. WPublic Data\City CounciWouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doe 181 iii. As to all requests brought under this paragraph, the City Council shall have S complete discretion whether to reduce or not to reduce said letter of credit or surety. D. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 6. Abandonment of 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 41 in this paragraph. 7. Developer to Pay Qq'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. 8. Development Related Fees and Credits. A. Sanitary Sewer and Water Trunk Line Fees. 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 2.93 acres in said Plat which received final plat approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees for all property receiving final plat approval is $7,618.00 ($4,102.00 in sewer fees , A M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 182 r: calculated as $1,400.00 x 2.93 acres and $3,516.00 in water fees calculated as $1,200.00 x 2.93 acres). 9. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan shall be strictly complied with as approved by the City Council. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 10. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from 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. 11. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of 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 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 attorneys fees incurred by the City as a result of such legal action. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet drafr.doc 183 12. Temporary Easement Rights. (a 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. 13. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. F. The Developer represents to the City that 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 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. 0 MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 184 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 depending upon when building permits are applied for and that such delay in capacity availability may also delay the issuance of building permits for some lots within the Development. L. 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 100-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 property has been approved by the Building Inspector or a professional soils engineer. M. Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer, Wright County and/or the State of Minnesota. 14. Violation of Agreement. 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 14(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 M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 185 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 is 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 14A of this Agreement shall not apply to any acts or rights of the City under paragraph 4E and no notice need be given to the Developer as a condition precedent to the City drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. D. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 15 Dedications to the City. A. Municipal Improvement Dedications. The Developer, upon presentation to the City of evidence of good and marketable title to the Development, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all trail right-of- ways to the City. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park Dedication. The Developer is required to pay a cash contribution of $21,975.00 in satisfaction of the City's park and trail dedication requirements. This charge is calculated as follows: 2.93 acres x $7,500 per acre = $21,975.00. Developer shall pay this amount prior to the release of the final plat by the City. The acreage used to calculate Developer's park and trail dedication requirements does not include the acreage contained in Outlot A, which shall be paid at such time as Outlot A is platted into numbered Lots and Blocks. 16. Administrative Fees. A fee for City administration of this projects 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 $ . Seventy-five percent of this fee shall be paid upon issuance of the final Plat with the remaining twenty-five percent of the fee to be paid upon substantial completion of the Municipal Improvements. • M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet dra$.doc 17. Phased Development. Approval of this 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 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. 18. 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 pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 19. Assignment of Contract. The obligations of the Developer under this Contract can be assigned by the Developer. However, the Developer shall not be released from its obligations under this contract without the express written consent of the City Council through Council resolution. is 20. Limited Approval. is 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. 21. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's 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. 22. 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. M:\Public DataTity Council\Council Agendas\2005 AgendasW 06-06-05 packet draft.doc 187 23. Integration Clause, Modification by Written Agreement 041y. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 24. 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 Cascade II Land Development Company 25. Agreement Effect. to This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Donald Peterson Its Mayor By Bridget Miller Its Clerk CASCADE II LAND DEVELOPMENT COMPANY By Its President • WPublic Data\City CouncilTouncil Agendas\2005 AgendasW 06-06-05 packet draft.doc IM 0 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. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2005, by , as President of Cascade II Land Development Company. Notary Public DRAFTED BY: Couri, MacArthur & Ruppe Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763)497-1930 M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc -3 EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lots 1, Block 1 and Outlot A. All said property is located in Albertville Crossing 3rd Addition, City of Albertville, County of Wright, Minnesota. M:\Public Data\City Council\Council Agendas\2005 Agsndw\A 06-06-05 packet dm dae 190 is TO: City Council FROM: Tina L. Lannes DATE: May 31, 2005 RE: Accounts Receivable Update Total accounts receivable billed through May 31, 2005 since the City of Albertville has set up the billing/invoicing system software is $1,596,194.83. Of that amount, staff has collected $965,389.71 as of May 31, 2005. The remaining amount collectable outstanding is $354,564.28. The percentage of the total due based on the aging report is as follows: 0-30 days outstanding 30-60 days outstanding 60-90 days outstanding Over 90 days outstanding $31,615.72 9% $ 8,829.77 2% $10,373.05 3% $303,799.85 86% The main outstanding receivables that are overdue are Edina Development. Please see attached spreadsheet for details. Outstanding accounts more than 30 day out less Edina is $21,080.39 or 6%. WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 191 11 • TO: City Council FROM: Tina L. Lannes DATE: May 23, 2005 RE: Project Update Council requested an update on outstanding project status. Below are the contracted projects with amounts paid to date as of May 23, 2005: Project Total Contract Paid to Date Difference 2004 School Pedestrian Trail Bituminous $353,876.90 $285,078.78 $68,798.12 2004 School Pedestrian Trail $2,415.00 $1,950.00 $465.00 2004 Prairie Run $1,595,233.53 $1,183,067.48 $412,166.05 2004 Seal Coat Improvement $19,965.00 $18,692.60 $1,272.40 2004 Street Overlay $98,070.00 $89,978.40 $8,091.60 Public Works Building $1,714,020.00 $1,599,211.00 $114,809.00 2003 CSAH 19 Upgrade $1,446,496.70 $1,340,629.92 $105,866.78 2003 Seal Coat Improvement $10,421.00 $10,061.62 $359.38 Frontage Avenue Improvements $313,719.00 $248,255.72 $65,463.28 Water Main Change Order $32,394.00 $30,288.00 $2,106.00 CSAH 37 / 60th Street Storm Sewer $49,983.00 $47,941.00 $2,042.00 Total $5,636,594.13 $4,855,154.52 $781,439.61 Other Projects with amounts paid to date as of May 23, 2005: Project Paid to Date WWTF Expansion $315,525.14 194 Project $186,643.74 City Hall $34,338.02 Total $536,506.90 86.14% C = Construction R = Retainage C&R R C&R R R C&R C&R R C&R R R WPublic DataTity Council\Council Agendas\2005 AgendasW 06-06-05 packet draft.doc 193 Vendor Billed Dm $0.00 $0.60 50.00 $000 $0,00 $O-00 $0.00 x0.00 $0.00 $0.00 $0.00' ;O.OD $0.00 $0.00 $0.00 $10.987 26 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 xD:00 $0.00 $0.00 S5.0 &50 $0.00. $M00 OEEZ 50:00 $0.00 50.00 $0.06 $0.00 $0.00 S0-00 $0.00 $54.11 $100.00 $0.00 $0.99 $0.00 $0.00 $0.00 $0.00 ;0.00 $0.00 x244,823.47 $O-00 $0.00 0.00 $0.00 $0.00 $0.00 $0.00 SO.00 $0.0o S0.00 $14,287.50 $0.00 SO.OD SO.OD $0.00 $0.00 WOO $0.00 $0.00 woo S0,00 SOA0 5 940.84 MN $0.00$0.00 so So SMACKDOWN Amounf Amount Due t430 30• 80.90d 90d 8.r. U. bb P r BfIM Imnni 12 fi69:8B :00 _. 00 -. .00 1S2 CLUB 00 Si00.00 ACE PROP MANAGEMENT 1 589:30 .OQ .00 ALBERTVILLE BODY SHOP INC. 1 600:00 0.00 ALBERTVILLE DENTAL 451.78 1700A9 365.25 .00 ALBERTVILLE ORTHODONTICS 19tL04 196.bi 198:84. ALBERTVILLE PLAZA T .64 171.Sf 131.25 0 A ME LATER 42 d2 A SE PROPERTIES 1A .00 BEST ASSETS .48 .00 UE KY. HOMES, LLC 12 triT3.t. 0.00 (3lJFfAL BITUMt S INC. 100 - .00 70 BUILDERS 7ft2. .45 :45 CASCADE i1:LAND COMPANY 14 t3T.8Ci :00 _ CEDAR -CREEK GOLF COURSE .00 CHANDLER CONTRACTING 1.iS :00. R. 12047.ff8 .80. t10.80 W G f096T28. COM-TEN LLC.. - .04 0.00 ... CPG PARTNERS BfYl:80 325.N B9 DARKENWALD REAL ESTATE 0.00 DR. DILL GR G K. MAN 900.00 0.00 EDiNA DEVELOPMENT 29T:S8 305 :T7 1S:f30 1' 79.55 77 98 3.85 EDtNA FRIENDLY CITY DAYS - ' ITTEE .71. 0:00 t=TTH COMMUNICATIONS . 1 .55 53.00 .00 SPORTS BARB ILL Si00.00 0.00 H..D... DEVELOPMENT - f0 4.77 42:98 42:98WAC 3853.50., CKE M R'S-...... .00 .00 MANAUS TOM .01 _ HEIDiS :MARKET 8 _ .q0 HOLM HOLDINGS INC 1 1J00. t 800.00 1 800. NONG THAt .00 tU0 1 ;fM HOUSE FINANCIAL 105.88 f05:9B 103.99 J08JT - ER AR -.. 890.00 .00 KAY MAR E b. CAROLS DANCE -OD KENT ER LLC 3 :30 : KIKO WALTER 122.74 122:7d -1 :7 KOPPENDORAER SCO'iT a .00 "Al LEE TONG AN iLV1A. 1 00 .00 ... 100.00 LEVER-M N TEFiTEiGE PROPERTIES 1 309.06 .00 tr1ARX A.... 00 _ f90 DEVELOPMENT AGENCY 058t9 00000 - 000.00 MOBIL 500A1O 0.00 MOONEY-DEVELOPMENT .BO -0 LDCA ALBERTVILLE 819:08 .00 OTSEG CITY OF 1-8 .44 .44 _. P T R H 1 AS t855.15. 93.26 1.B.... PIL TIAND DEVELOPMENT 7 590:19 - .00 PYot 244 823.d7 PRAUGtiT STEVEN 3MICHELLE. 17.tt "- PREMIER B - K 37. 231:00 231.00 PREMIER DEVELOPMENTGROUP. ... 89.83 789:8 -- 789.83 PROPERTY VISION INC 1 .98 105. 106.fIB. RO ETTI P :00 100. 700.00 RTK LL - :00 0.00 S.E.H. .09 OD . 'SHOPPESAT PRAIRIE RUN - FiNKE. 83fi2.f90' 00 SkfOPPE AT TOWNElJ1KE.. 9B, 4 .83 3it:20 - 7720 Ff84.Z3 SHOPPES ATTOWNE. LAKES ONE 14 0{t.50. 00 BARB GRILL - t0000 1 00 SPECTAT 12' RI BBAR 1587t97 :47 .47 WA t4287.50 5T: MICItAEi SCH DI T' 898.82 898.B2 898.B2 T_M CITY 192859.44 1f.83 1 .fS3 STRA ' BROW ,10 .78 _t0 TOW LAKES 8118. 8 `.83 410.T7 418:88 WASHING ONMU AL - 8.90 WOODStDE COMMUNITIES -3<8.06 - -- WOODSTONE BUILDERS. .INC. 21 .30 : WRIGHT COUNTY HfGHW YfDEFTf. - 19 .OD 00 wRIGM-HENNEPIN ELECTRIC S1,447.48 :00 D DEVELOPMENT 1 25 :00 T 1598tB4:83 ,.28 1813:72. 8829.77..103t8:94 27 94084 Total Salad h S137105.. SI-WS.194.83 Total CobecWd h5/3flOS to" unco bk- 985 fi89.71 C.rmrA o-aa ea S31,615.72 B. 30•60 a 829.77 z 60- _ 10319.94. 2.91% over f10da •. Total UnoolteWble;PibC m*Wltv $275.W.84. undo Riot Oa rN the WAC S TO out"andym ' lie 354 :2 2 .21X Total outstandi ksafdirw 51 13:04 T Edina ra 8tan.30 days.00 1 :39 .85. M:\Public Data\City CouncilTouncil Agendas\2005 Agendas\A 06-06-05 packet draft.doc 194 �\Ibcrtviolle Sawa Taum UWng. ft aty uts. Date: June 2, 2005 To: City Council From: Larry R. Kruse, City Administrator Re: General Update ALBERTVILLE CODIFICATION: Our completed code is being indexed and should be delivered within three weeks for Council adoption. I am also working with Sterling to host the code and we will create a link making it available to staff, consultants and the general public. The codification has been a huge effort and I extend my thanks to all of our staff and consultants who have worked so hard on this project. XCEL ENERGY FRANCHISE: We continue to work with Xcel Energy on renewal of their Franchise Agreement making it compatible with our new code. SALE OF LAND TO WRIGHT COUNTY FOR A MAINTENANCE FACILITY: In your packet is a copy of a letter sent to County Engineer Wayne Fingalson regarding their interest in purchasing land to site their new maintenance facility. I networked with Mayor Peterson and Council member Berning on the price of $2.50 per square foot plus public improvements, which is about another $.50 a square foot as per a report by City Engineer Mark Kasma. The sale is ultimately subject to the City Council approving a purchase agreement where many more details would need to be resolved. The County is considering two other sites in Otsego. SALE OF ALBERTVILLE'S NEW PUBLIC WORKS FACILITY: I continue to work with representatives of Direct TV regarding their interest in purchasing our Public Works Facility. I consider this a long shot; however, if things would work out, it may provide us the opportunity to build another facility with a much lower total investment. If they decide this is a site they want, they will make the City an offer and then the City Council will need to decide if it is in our best interest to accept. CITY MAPPING UPDATES: S.E.H. is nearing completion updating our maps to reflect 2004 construction. New maps will include a zoning map, subdivision map, water utility map, sewer utility map, stormsewer utility map, street map and a parcel map. Enclosed in your packet is a proposal from S.E.H. to update our survey benchmarks throughout the City. The last time the benchmarks were updated was in 2002 and much has happened since then. By the end of June, we should have everything updated and we will then incorporate Wright County's aerial photo into the system. Historically, cities of Wright County have not had a good process communicating development information to Wright County. The County and the cities are trying to implement some changes which will be WPublic Data\City CounciWouncil Agendas\2005 AgendasW 06-06-05 packet draft.doc 195 accurate and timely so the 911 emergency system functions well. In the interim, we have provided B & M with older mapping data, and they are anxious to receive the updated information. MUNICIPAL STATE AID: Once we complete the mapping project, City Engineer Kasma and I will work on a MSA plan and approval. Early in the process we will meet with Wright County Engineer to coordinate the possible transfer of Main Avenue NE (County Rd 18) and discuss other related issues. DOWNTOWN RAILROAD RIGHT-OF-WAY, DOWNTOWN RENOVATION & PARKING STUDY: Nothing new to report on land acquisition from the railroad. City Planner Brixius has submitted a proposal for a downtown parking study which will be presented at the June 6th City Council meeting. If the City Council approves Brixius's proposal, I will coordinate a meeting with the downtown residents to review Brixius's parking study and Dave Maroney of Community Partners to review downtown redevelopment opportunities including the use of Tax Increment Financing and a Renewal District Financing tool. I anticipate this would happen after Albertville Friendly City Days. I-94 FREEWAY STUDY REPORT: Enclosed in your packet is a copy of the completed report. The report has been forwarded on to MNDOT and Federal Highway and we have a staff meeting tentatively scheduled for June 21" to hear comments back from Federal Highway on Albertville's preferred option. Enclosed in this mailing is a report from Jamison Sloboden outlining the course of events leading up to submittal of the Access Request. A copy of the report has been provided B & M for review and comments. I-94 FREEWAY ACCESS FINANCING, CITY HALL FINANCING, WASTEWATER TREATMENT FINANCING, PRAIRIE RUN FINANCING: 6:00 p.m., Monday, June 13th Paul Donna from Northland Securities will be available to meet and discuss 2005 financing. EDINA DEVELOPMENT: Building permits have been on hold in all Albert Villas Additions since May 6, 2005. We continue to get a number of calls from realtors, contractors, developers and individuals stuck in the middle wanting to construct new homes. We explain the situation and refer them onto Edina Development saying it is in their court to move things along and clear up default issues. Many unfortunate and unhappy souls are stuck in the middle. PELICAN LAKE: I attended a meeting with the DNR, MPCA, Wright County SWCD, St. Michael, Ducks Unlimited and a host of other agencies to study options to drain or lower Pelican Lake. They foresee two options, 1) to construct a ditch and drainage system north to the Mississippi or 2) to drain through ditches in St. Michael and Albertville to the Crow River. Another meeting of stakeholders is scheduled for June 8th from 10:00 a.m. to 2:00 p.m. at Riverwood Conference Center. Enclosed in your packet is some information about the study. It appears the Mississippi option may be very expensive and from a constructability standpoint, the St. Michael/Albertville option may be the most viable option. Both St. Michael and Albertville expressed cautious WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 196 optimism referencing the problems with the recent floods. They want an Albertville representative to be involved in the study and evaluation of the options. I requested the group make a brief presentation to the Albertville City Council sometime in the near future. The Pelican Lake group wants Albertville to be involved and this brings up the question if we have an Albertville representative who wants to be involved. If we want to involve Bolton and Menk, we would need to develop a budget for this item. 2006 BUDGET: Finance Director Lannes and I will be working with staff on the 2006 budget. A preliminary budget must be submitted to Wright County in early September. Lannes will be on maternity leave in late June. We have configured our computer system for remote access and she will be able to do some accounting and finance work from home during her leave. CITY HALL PROJECT: Architect Mark Forbes and I have been working on suggested changes from our last meeting. Enclosed in your packet are the minutes of the Council workshop and some layouts developed since that time. I have had some involvement with the review of the layout by our staff. Now that the basic layout has been identified, I would like additional involvement of staff to insure the various areas functional for daily use. This includes looking at ways to store forms and applications making IS them readily available at the front counter; installation of the Point of Sale cash draw and screen; public computer terminal; layout of equipment and materials in the office work room, and a host of other things. We may want to visit another city to glean what worked and what didn't. M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 197 Er illYgr9 �. �9`yg. Wit« y}}O yq 14 k6�F Y �1 1...••. Y��' 4� tj R 1 y 54 v �1 ` to � S P 111 y¢ Woo X�. 1 WA t.l fink A E- 9i4it� tl#L ) rY. M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 198 9 9 M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 199 AIbcrtvi I le L.ftbjUfG6 May 22, 2005 Mr. Wayne Fingalson 102 2nd Street NW Buffalo, Minnesota 55313 Re: County Maintenance Facility Dear Mr. Fingalson: The City of Albertville is interested in selling Wright County land for your new county maintenance facility. City staff has put together this letter to frame the general information you requested to determine if Wright County is interested in the Albertville site. The specific terms and conditions of the sale would be negotiated and specifically identified in a future purchase agreement, which would ultimately require City Council approval. PRICE The City will sell Wright County four acres adjoining our Public Works Facility for a cost of $2.50 per square foot plus the costs of street and utility improvements. is Our engineer has put together a cost estimate to improve the street adjoining the property as follows: Prope * Improvement Existing Businesses Otsego Property Wright County City of Albertville Total Cost 600' 900' (420) 1,080' Street & Restoration $77,178 $115,767 $54,025 $138,930 $385,900 Sanitary Sewer $18,660 $0.00 $13,062 $33,578 $65,300 Watermain $17,742 $0.00 $12,419 $31,939 $62,100 Storm Sewer 1 $14,340 $21,510 $10,038 $25,812 $71,700 Total 1 $127,920 $137,277 $89,544 $230,259 $585,000 *Note: Approximate front footages. Street & Restoration Cost/LF - $128.63 (3,000 LF Assessable) Sanitary Sewer Cost/LF - $31.10 (2,100 LF Assessable) Watermain Cost/LF - $29.57 (2,100 LF Assessable) Storm Sewer Cost/LF - $23.90 (3,000 LF Assessable) It appears that the estimated cost would be approximately an additional $.50 per square foot for street and utility improvements. WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 201 SALT STORAGE FACILITY Our sale would be contingent upon our ability to work collaboratively on a salt storage facility, whereby we would pay for our share of capital facility construction based upon the amount of product we each use and the City would buy salt and sand from you at your prevailing cost. FUEL FACILITY AND OTHER COOPERTIVE EFFORTS We would also be interested in discussing other ways for us to collaborate including a joint fueling facility. TYPE OF BUILDING CONSTRUCTION We would expect your building to architecturally match our building and that the building would be configured to accommodate inside storage of your equipment. Outside storage of aggregate and materials would be by Conditional Use Permit. BUILDING PERMIT Building permit fees are based on the value of the building and an estimate can be provided once we know the approximate cost of construction. OTHER FEES The typical fees required of the private sector would also be applicable. The following is a listing of some of those fees: Sewer Access Charge (per residential equivalent unit) $4,600 Joint Powers Water Access Charge (per residential equivalent unit) $1,668 City Water Access Charge (per residential equivalent unit) $950 Water Trunk Access Fees (per Gross Acre) $1,200 Sewer Trunk Access Fees (per Gross Acre) $1,400 Storm Water Utility Connection Charge (66%-100% Impervious) $759.40/acre DATE AVAILABLE The City anticipates we can remove the sludge from the ponds this fall and may be able to convey the land to the Wright County by December 31, 2005. LEASE OPPORTUNITY The City is working on the possibility of selling our Public Works Facility to a new business, and there may be an opportunity for the City of Albertville to then build a larger facility and lease the County space. One methodology that comes to mind for structuring a lease, would be a fifteen year lease based on the construction cost of the facility and not include the land. The County could prepay your lease by an equivalent amount from the proceeds of the sale of your old facility, thus giving you a very reasonable rate. We believe there could be a real savings for both of us to work together. We will know of the viability of this sale in the next 30 days. Once again, we appreciate your interest in Albertville and look forward to more detailed discussions once you identify your interested in the Albertville site. Sincerely, Larry R. Kruse, City Administrator is MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc KIN 0 May 16, 2005 Mr. Larry Kruse City Administrator City of Albertville 5975 Main Avenue N.E. P.O. Box 9 Albertville, Minnesota 55301 Re: Phil Morris Property —Ordinance No. 2005-02 Interim Ordinance on the Platting of Property and the Issuance of a Planned Unit Development/Conditional Use Permit or a Planned Unit Development Rezoning on Property within 250 Feet of Entrance and Exit Ramps from Wright County Highways Abutting Interstate 94 within the City of Albertville Dear Mr. Kruse: We represent Phil Morris, owner of approximately 11.89 acres of land ("Property") located at the corner of Interstate 94 and County Road 37 in the City of Albertville ("City") in connection with his proposed development of the Property for commercial use consistent with the Comprehensive Plan and the existing B-3 Highway Commercial District zoning. We have reviewed the record of the City Council's adoption, on May 2, 2005, of Ordinance No. 2005-02, an interim ordinance establishing a moratorium on the platting of property and the issuance of planned unit 40 development/conditional use permit, or a planned unit development rezoning on property within 250 feet of the entrance and exit ramps from Wright County highways abutting Interstate 94 within the City of Albertville ("Ordinance No. 2005-02"). Our review indicates that there is reason to believe that Ordinance No. 2005-02 was enacted in an arbitrary manner to delay or limit Mr. Morris' proposed commercial development. At the May 2, 2005 City Council meeting, the City attorney singled out Mr. Morris' proposed development, stating that "...a representative of the Phil Morris property has been before City staff a number of times with a variety of plans... [which] demonstrate[d] an off ramp, which was not located in the same location that is currently being considered by Council." (Unapproved May 2, 2005 City Council minutes). The minutes further indicate that the Council was concerned about the restrictiveness of Ordinance No. 2005-02 and, as a result, provided in its motion to approve the interim moratorium ordinance "the ability to exempt the properties on a case -by -case basis." Mr. Morris' objection to Ordinance No. 2005-02 is rooted in his long-standing, good faith efforts to work with City staff on a commercial development that would address the City's transportation and land use planning objectives, as well as the property owner's reasonable investment -backed development expectations. The interim moratorium ordinance flies in the face of this heretofore cooperative process. Mr. Morris and his representatives, Boulder Properties and Weber Architects, initiated discussions with City staff in 2003 regarding a PUD commercial development of the Property. On August 18, 2003, the City Council approved Boulder Properties' proposed PUD concept plan. In 2004, Mr. Morris and Christian Commercial brought a revised PUD concept plan to the M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draftdoc 203 City for consideration. In June 2004, the revised PUD concept plan was reviewed by the Planning Commission and City Council, but no action was taken. In August 2004, SEH performed a traffic study of Christian Commercial's revised PUD concept plan and further input was received from Wright County. In November 2004, representatives of Mr. Morris and Christian Commercial met with the City and were advised that the proposed interchange at I-94 and County Road 37 would likely require additional land dedication from the City (about .80 acre as compared to the .65 acre land dedication referred to in the August 2003 Planning Department Staff Report for Boulder Properties' original PUD concept plan). In December 2004, we met with the City Development Review Committee ("DRC") to discuss Mr. Morris' concerns about the questionable legal basis for dedication of land for a regional roadway improvement and the effect of the proposed .80 acre dedication on Christian Commercial's revised PUD concept plan. After the December 2004 DRC meeting, Mr. Morris and Christian Commercial decided to work on a revised PUD proposal that would balance the goals and objectives of both parties. Mr. Morris and Christian Commercial retained an architect, a land use planner, surveyor and traffic engineer, and a wetland consultant to address physical development constraints and the applicable regulatory framework. In early April 2005, Mr. Morris' representatives contacted the City to request placement on the May 3 DRC agenda for the purposes of reviewing a modified PUD concept plan. We contacted City staff several times in April 2005 regarding application schedules, requirements, and procedures. At no time was Mr. Morris or any of his representatives advised of the placement of an interim moratorium ordinance on the May 2, 2005 City Council agenda. Mr. Morris, representatives of Christian Commercial and their respective consultants appeared at the previously scheduled May 3 DRC meeting with the expectation of obtaining constructive comments on a revised development proposal that largely accommodated previous direction from the City regarding the proposed interchange needs. Instead, Mr. Morris was informed that the Council had adopted the previous evening a one-year moratorium on platting and PUD development of the Property. This shocked and dismayed Mr. Morris, because he believed that he and his development team had made significant progress in balancing the goals and objectives of both parties. In conclusion, Mr. Morris strongly objects to the applicability of Ordinance No. 2005-02 to his Property. Regardless of whether the interim ordinance does or does not apply to other properties in the City, we believe that the moratorium was adopted to prevent or delay Mr. Morris and Christian Commercial from applying for a subdivision and PUD conditional use permit that comply with all applicable City ordinances. Despite Mr. Morris' dissatisfaction with the City's action, he has instructed his consultants to meet with the City's traffic consultant to analyze the planning considerations related to the City's currently preferred interchange alternative. To facilitate this planning effort, Mr. Morris requests that his Property be exempt from Ordinance No. 2005-02 so that he and Christian Commercial may continue their good faith efforts to work with the City on a mutually acceptable development proposal. Sincerely, Linda Fisher, Larkin Hoffinan Daly & Lindgren Ltd. is ATublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 204 Direct Dial: 952-896-3210 Direct Fax: 952-842-1724 Email: lfisher(dlarkinhoffman. com cc: Mayor Donald Peterson City Councilmember John Vetsch City Councilmember Leroy Berning City Councilmember Tom Fay City Councilmember Ron Klecker City Attorney Michael Couri Phil Morris bcc: George Daniels, Boulder Properties Thomas Brown, Miller Dunwiddie Dale Beckmann, Westwood Professional Services Ron Peterson, Peterson Environmental Consulting, Inc. 1011467.1 The Honorable Donald Peterson City of Albertville 5975 Main Avenue N.E. P.O. Box 9 Albertville, Minnesota 55301 is John Vetsch, Councilmember Leroy Berning, Councilmember Tom Fay, Councilmember Ron Klecker, Councilmember City of Albertville 5975 Main Avenue N.E. P.O. Box 9 Albertville, Minnesota 55301 Michael Couri City Attorney City of Albertville 5975 Main Avenue N.E. P.O. Box 9 Albertville, Minnesota 55301 Mr. Phil Morris 603 Lake Street Excelsior, Minnesota 55331 George Daniels Boulder Properties, Inc. 641 E. Lake Street M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 205 Suite 226 Wayzata, Minnesota 55391 Ron Peterson Peterson Environmental Consulting, Inc. 1355 Mendota Heights road Suite 100 Mendota Heights, Minnesota 55120-1112 Dale Beckmann Westwood Professional Services, Inc. Westwood ProfessionalServices 7599 Anagram Drive Eden Prairie, MN 55344 Thomas H. Brown Miller Dunwiddie 123 North Third Street Suite 104 Minneapolis, MN 55401-1657 MAPublic DataTity CouncilTouncil Agendasl2005 Agen ias\A 06-06-05 packet dmft&c 206 • OPTION B - No City Features Immediately This option would involve the proposer leasing an approximately 7 acre site from the City for $1 over 30 years. The City is responsible for providing the streets and utilities (sewer/water/storm) to the site. The Proposer shall agree to a shared parking arrangement with other adjacent users and City park. The City will consider cost sharing for the parking lot. The City and Proposer also agree to consider additional expansion in the future. Elements/Features Area Syntregy Area YMCA Description of Element/Feature Programs/ Classes to be run by Proposer Is Membership or Daily Fee Required to Use This Feature? (YES or NO) Indoor Water Park 5000 N/A Outdoor Water Park 0 9500 Warm Water Pool 2000 4900 Hot Tubs/Saunas 500 300 Competition/LapCompetition/Lap Pool 7500 0 Walking Track 7000 2300 Gymnasium 6400 N/A Racquetball 1600 N/A Senior Center 5000 in meeting space Teen Center 5000 N/A Kids Gym indoor play equip) 600 2700 Meeting/Multi-purpose Rooms 1000 3000 Fitness Studios 5000 5000 Day Care 1400 N/A Exercise Areas/Rooms 15000 4500 Locker Rooms 8000 3500 Lobby 2000 1500 Vending Area 1000 200 Administrative Area 1000 1750 Sub total 75000 39150 Other Indoor Sports tennis/soccer 25000 Allina Medical Clinic 10,000 Kitchenette N/A 0 Kid's Stuff N/A 1800 TOTAL 1100001 40950 Less Lease Space Less Outdoor Water Park 90000 40950 90000 31450 Parking 1 150000 66000 WPublic Data\City Council\Council Agendas\2005 AgendasW 06-06-05 packet draft.doc 207 Date: May 27, 2005 40 To: Larry R. Kruse, City Administrator From: Bob Derus, City Administrator Re: YMCA Update I wanted to update you on what is going on with the negotiations with the YMCA and Syntregy. The City had asked for a clarification of proposals, and received them last Friday. The City Council briefly reviewed them and their clear preference is Syntregy. For your reference I have attached a spreadsheet comparing the square footage of the two proposals. This is the best way to quickly understand the City Council's preference for Syntregy. You will note that the total non -lease building space is 90,000 square feet for Syntregy, while the YMCA is proposing 31,450 square feet. A closer look reveals that the Syntregy proposal includes areas for gymnasium, racquetball, indoor water park and a 25,000 square foot indoor tennis/soccer area. Our next step will be to sit down with Syntregy to try to get a legal commitment to exclusively negotiate this proposed deal. One thing of note for the City of Albertville, according to an initial conversation that Councilor Marx had with Syntregy, it is possible that Albertville residents will also be able to get a reduction of $10.00 per month on all memberships. However, this would be predicated on Albertville partnering with St. Michael. I am not sure what the total financial input will be by St. Michael, but at a minimum it will be the value of the land. Partnerships may also include leasing an area for Seniors and Teens, and sharing costs of facilities like streets and parking lots. I wanted to let you in on this at an early stage, so you could inform your City Council of this potential opportunity. Also please let me know if you and or any of your members of the City Council want to be in on negotiations, because we would not have a problem with that. • WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet drafr.doc 208 Is CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2005-18 A RESOLUTION ESTABLISHING LIMITED SEWER BACK-UP, CLEAN-UP AND PROPERTY DAMAGE PROTECTION FOR MUNICIPAL SEWER CUSTOMERS WHEREAS, the city affords municipal sanitary sewer services to many of the property owners within the city; and WHEREAS, on occasion blockages or other conditions in city sanitary sewer lines may result in the back-up of sewage into properties that are connected to those city sanitary lines; and WHEREAS, sewer back-ups into property pose a public health and safety concern; and WHEREAS, it is not always easy to discern the exact cause and responsibility for municipal sanitary sewer back-ups; and WHEREAS, the City Council desires to encourage the expeditious clean-up of properties that have encountered sewer back-ups; and WHEREAS, the City Council desires to minimize the potential of expensive lawsuits arising out of sewer back-up claims; and WHEREAS, the city is a member of the League of Minnesota Cities Insurance Trust; and WHEREAS, the League of Minnesota Cities Insurance Trust is making available to the city a limited "no fault" sewer coverage that will reimburse property owners for certain clean-up costs and property damage irrespective of whether the City is thought to be legally at fault. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Albertville, County of Wright, State of Minnesota, as follows: As part of the contract for the provision of sewer services to the customers of the city, and in consideration of the payment of sewer bills, the city agrees to reimburse its sanitary sewer customers for up to $10,000 of clean-up costs and property damages caused by a sanitary sewer back-up, irrespective of whether the city is thought to be negligent or otherwise legally liable for those damages, subject to the following conditions: The backup must have resulted from a condition in the city's sanitary sewer system or lines, and not from a condition in a private line. M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 209 The backup must not have been caused by catastrophic weather or other event for which Federal Emergency Management Assistance is available. • The backup must not have been caused by an interruption in electric power to the city's sewer system or to any city lift stations, which continues for more than 72 hours. The backup must not have been caused by rainfall or precipitation that would constitute a 100-year storm as determined by the National Weather Service. a. Neither the city nor the League of Minnesota Cities Insurance Trust (LMCIT) will reimburse any costs which have been or are eligible to be covered under the property owner's own homeowners or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP coverage. b. The maximum amount that the city or LMCIT will reimburse is $10,000 per building, per year. In this regard, a structure or group of structures served by a single connection to the city's sewer system is considered a single building. ADOPTED by the City Council this e day of June, 2005. Don Peterson, Albertville Mayor Bridget Miller, Albertville City Clerk s is ATublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 210 0 May 31, 2005 s Dear Mr. Larry Kruse: I am writing on behalf of the STMA Girls and Boys High School Soccer Program. We are currently working on updating the old high school football field at Community Ed. to be used as the new home of STMA Soccer. As of May 2"d the school board passed our request for bleachers, a clock, a PA system and half the cost to power the field with lights. Unfortunately the cost to light the Community Education Field is $60,000. We have already received over $17,000 in donations from various organizations including STMA Soccer Club, Boys and Girls' Varsity Booster Club, and Hanover Athletic Association. Most recently the city of St. Michael pledged $7,000 to this project and we were hope for a similar contribution from the city of Albertville. We are very excited about our new field and hopeful that with your help and the help of other community organizations and businesses our field will be up and running by this fall for the beginning of our season. Thank -you for your time and interest in STMA Soccer. Please contact me for more information or with any questions. Sincerely, Brent Johnson STMA Head Boys' Soccer Coach Brenti a-stma.k12.mn.us 763-497-2192 ex 4301 763-535-2467 WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 211 TY WRIGHT COUNTY 10 z DEPARTMENT OF HIGHWAYS WAYNE A. FINGALP.E. Highway Engineer (763)682-7388 M Wright County Public Works Building CV VIRGIL G. HAWKINS, P.E. .¢ oto 1901 Highway 25 North Assistant Highway Engineer ., Buffalo, Minnesota 55313 *4 I A(77663) 682-7387 ��, 78g$ Jct. T.H. 25 and C.R. 138 +� t%--- E' �Q UETTE ��f� Right of Way Agent "PAPROWNG SAFETY THROUGH SOUND Telephone: (763) 682-7383 S (763) 682-7386 ENGINEERING DECISIONS" FAX' (763) 682-7313 May 26, 2005 Mr. Larry Kruse City Administrator City of Albertville P.O. Box 9 Albertville, MN. 55301 RE: All -Way Stop Request CSAH 18 @ 570 Street NE City of Albertville Dear Mr. Kruse: At your request, in a letter dated November 22, 2004, we have completed a traffic analysis of the above -mentioned intersection, in regards to warrants for an all -way stop. The following warrants have been met for an all -way stop at this intersection: 1. Minimum Volumes: The total vehicular volume entering the intersection from the major street approaches (CSAH 18) averages more than the required minimum of 300 vehicles per hour for any 8 hours of an average day; and the total vehicular volume entering the intersection from the minor street approaches (57 h St.) averages more than the required 200 vehicles per hour for any 8 hours of an average day. 2. Sight Distance: There is a lack of good sight distance, (due to parked vehicles on CSAH 18) as you look north from 57`s Street. In addition to the above warrants being met, when installing an all -way stop, the volume of traffic on the intersecting streets should be approximately equal. Our study indicated that this is the case at this intersection. The following is the average daily traffic for the intersection, as was counted from Wednesday May 0 thru Friday May CSAH 18 North Lea? CSAH 18 South Le>z '57'h Street West Le = 570' Street East Lee 5,099 4,586 4,600 not counted Equal Opportunity / Affirmative Action Employer M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 213 All -.Way Stop Request May 26, 2005 Page 2 In regards to the actual physical installation of all -way stop signs, there are currently "Pedestrian Crossing" signs on the north leg of the intersection that will interfere with the installation of the stop signs (lack of available space). It will be necessary for us to remove these signs in order to install the stop signs. (Please note, that because this would be an all -way stop condition, "Pedestrian Crossing" signs would not be needed nor are they necessary at this location). I spoke with Mayor Don Peterson, this morning, regarding the installation of the all: way stop, and he indicated that he would prefer to discuss the issue with the full City Council at the June 6th meeting, prior to any signs being installed. We are prepared to make the necessary signing changes to make this intersection an all -way stop, however, since this request came from the City, we will wait to hear from you on how you would like us to proceed. If you have any questions, please call me at 763-682-7391. Sincerely, Bill Cordell Senior Traffic Technician PC: Wayne Fingalson, County Engineer Virgil Hawkins, Assistant Co. Engineer Elmer Eichelberg, County Commissioner • • • ATublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doe 214 � Pelican Lake Work Group Meeting Agenda May 26, 2005 9:00 a.m. —12:00 p.m. Riverwood Conference Center 9:00 — 9:15 Welcome (Fred Bengtson/Tim Bremicker - DNR) ❑ Introduction of work group ❑ Why we're here: The purpose of this meeting ❑ Committee guidelines, process and expectations 9:15 — 9:30 History/Overview PowerPoint Presentation (Harland Hiemstra - DNR) 9:30 — 9:45 Vision for Recovery/Restoration (Bengtson) ❑ Lake restoration ❑ Land acquisition ❑ Small wetland restoration ❑ CRP/CREP 9:45 —10:00 Outlet Feasibility Survey (Jon Schneider - DU) ❑ Current status 10:00- 10:15 Break 10:15 — 11:30 Issues Identification & Discussion (Bengtson/Bremicker/Schneider) ❑ St. Michael/Albertville — flooding/water quality ❑ St. Michael "Meadows" restoration possibilities, stream restoration ❑ MPCA concerns — water quality and quantity to Crow River ❑ Landowner concerns ❑ Construction easements ❑ Fish barrier and other fisheries issues ❑ Water Management Plan: Drawdowns, set levels, water release timing ❑ Construction/Land acquisition funding sources ❑ Other issues? 11:30 —12:00 Other Business ❑ Sub -work group selection ❑ Timelines ❑ Progress reports/updates ❑ Other issues of concern Noon Lunch WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 215 Pelican Lake Restoration Project wm* &" Meeting #1 May 26, 2005 RiverwoW Conference Center Albertville • M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 216 • • Pelican Lake Resbriatlon Project ftW) Controlled 0uttet Creation Work�mp - SM - Target rouse and Stra tgy 1 - Submmnrittee: kgwdibk for Draft Project Plan Feasibilfty SKMMW - Research wwm Ow wmtw - Contract Engineering (e. Hmtan -Y*kd water Q. ft 6romrdwater Downetrxan Other 1-ruoofve lrooam conoerrr _ waters - Fwm-;ea Survey Aseessnrerrt Survey Survey Aammane"t - USWE - MPCA It . �O_� -USF -SWCD -.Other Pro t Constrvctron ran Draft Project Plan Work 6roun PLRP Review Decision to rocesd or not with the project yes pWftmyr o� �.�� nadifteotiont oMarmthee Praiect Rlen car, - Wft airy dt mock w Teduical Resource Com "ma AR=Modrfred Rion -EAW/EIS Draft OoaarreMs 3sala Psmtiffi - DNR Waters - VSCOE - StliMdjmd roel Fund' - WCA - MPCA - NAWCA -DNR -DU Proceed with Easement / AM 'tionLOW - Law to Stream Comedian - Other WMA/%W Pr*Ct_Co oktion Proceed with Canstr action 1) Initiate drawdown of Pelican Lake. t) 0~ - Consider rotenone remaining lake waters 2) water Casual structure 2) Evaluation (contract) of lake and downstream effects. (n-"* tt'amw TecMelegy dunning project pwodre) - Water quality and quantity 3) Fish Barrier 4 Strtom / Modification 3) Maintain lake level (post-drawdown) control to maximize shallow lake habitat. M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 217 -A � SEH Date: June 1, 2005 To: Larry R. Kruse From: Jamison Sloboden, S.E.H. Re: I-94 Freeway Study Report, Access Request Schedule and Update. Larry: Per our conversation I am providing you with an estimated schedule for the approval of the Albertville Interchange Study. Interstate Access Request (IAR) Approval We have completed the freeway study report and have submitted copies to MN/DOT, FHWA, Wright County, and the City of St Michael. We have scheduled a meeting for June 21 st with MN/DOT and FHWA (exact time TBD). The outcome of this meeting will be concurrence from FHWA and MN/DOT on the preferred alternative (option 4). If we get their concurrence, then we can proceed with an Interstate Access Request. After the interstate access request is complete and submitted we can expect 2-4 weeks for final approval. The IAR schedule is as follows: June 21 st MN/DOT/FHWA concurrence July 15 Submit IAR July 29-August 12 IAR Approved Environmental Assessment We will resume EA work only after we have received concurrence from MN/DOT and FHWA. Assuming a positive concurrence on option 4 the EA schedule is as follows: Prepare Draft EA (4 weeks): July 1 through July 29 Concurrent reviews by City, Mn/DOT District 3, Mn/DOT Central Office, FHWA (2-3 weeks): Aug. 1 through Aug. 19 9 Revise EA/Incorporate Comments (1-2 weeks): Aug. 19 through Aug. 31 M:\Public Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 219 Distribute Final EA for Signature/Approval Process (4-6 weeks): September 1 through October 7 0 - City of Albertville (1 week) - Mn/DOT District 3 (1 week) -Mn/DOT Central Office (1-2 weeks) -FHWA (2 weeks min.) Publish EA in EQB Monitor and begin 30-day comment period. (publication date unknown at this time): October Hold Public Hearing or Offer Opportunity for Public Hearing during the Comment Period. Close Comment Period and Respond to Comments (1 week): November Prepare Finding of Fact/State Record of Decision and Request for Finding of No Significant Impact (1-2 weeks): Nov. Review/Approval of FOF/ROD by Mn/DOT (2 weeks): December FHWA Issues FONSI (2 weeks): End of December Completion There are no significant fatal flaws with the Environmental Documentation, the process however is drawn out with extensive review periods. The IAR approval can precede the EA with final final approval pending the EA completion. If we do not get a positive concurrence on Option 4 at the June 21 st Meeting, then a new plan and schedule will need to be developed and discussed with the Council. Jaimie Sloboden, P.E. SEH Inc. (651) 490-2195 11 WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 220 • Minnesota Department of Transportation District 3 7694 Industrial Park Road Baxter, MN 56425-8096 May 13, 2005 Robert Moberg City of Albertville Engineer SEH, Inc 3535 Vadnais Ctr Dr. St.. Paul„ MN 55110-5108 RE: Official Detour Routes SP 8612-11 (TH 241) Grading and Surfacing Junction of County State Aid Highway 19 in St. Michael to Junction of Interstate 94 Wright County Dear Mr. Moberg: Tel 218/828-2460 Fax:. 2181828-2210 Toll Free: 1/800/657-3971 As you are aware, Trunk Highway (TH) No. 241 will be under construction later this upcoming summer and during the summer of 2006. The project limits will extend from the junction of County State Aid Highway (CSAH) 19 in St. Michael, MN, east to the junction of Interstate 94. The proposed work includes extending the urban section to 4th Street and widening to a four -lane section from 4th Street to Interstate 94. The project includes traffic channeling, signal installation and lighting; turn lane treatments, and various safety improvements and resurfacing. To accomplish the proposed work, TH 241 traffic will need to be detoured for the work completed in 2006. We would like to notify you of proposed official detour routes, route specific limitations, and to outline the associated compensation owed to the City of Albertville for those portions of the detour that are on City roadways. We are planning to utilize three different official detour routes. Detour Route No. 1 will detour the residential traffic and will be utilizing the City of St. Michael's Oakwood Parkway, 50tb Street NE, and MacIver Avenue NE, which will include Larabee Avenue NE. Detour Route No. 2 will detour the Iocal commercial traffic and will be utilizing the City of St. Michael's Naber Avenue and a portion of 50th Street NE, the City of Albertville's portion of 50th Street NE, and Wright County's CSAH 18, CSAH 19 and CSAH 37. Detour Route No. 3 will detour the general commercial traffic and will be utilizing Wright County's CSAH 19 and CSAH 37. The attached maps indicate specific detour route locations. The calculations that accompany this letter are estimates only. The developed method used to calculate detour compensation is The Gas Tax Method from the "Detour Management Study" of 1991. The formula to calculate detour compensation is as follows: Compensation = 0.00392 x Trunk Highway ADT x Duration in days x Length in miles An equal opportunity employer WPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doc 221 City of Albertville May 13, 2005 Page 2 The derived ADT values are from traffic counts taken in 2004 and the duration is the expected starting and ending dates of the proposed detour. A conservatively high amount of working days was used to determine this estimate. The segment length's are from Mn/DOT's Local - Log point Listing database. The final amount of compensation will be dependant on ADT counts taken before and during the project and the actual duration of the detour. CITY OF ALBERTVILLF COMPENSATION SUMMARY ADT Miles Days 50th Street NE 0.00392 x . , x �' `r:..,, x - $1,372.48 Total Agreement Amount = $1,372.48 A formal detour agreement will be forwarded to you once it is prepared. The agreement will specify maintenance responsibilities of all parties involved. Mn/DOT will maintain the official detour route as we have during previous contracts. Thank you for your cooperation. If you have any questions, please feel free to call. Sincerely, Tony Ildghes District Soils Engineer Enclosures: Map CC. Calvin Puttbrese- Mn/DOT Baxter James Labo - Mn/DOT St. Cloud Maryanne Kelly-Sonnek - MS 682 • • 9 MAPublic Data\City Council\Council Agendas\2005 AgendasW 06-06-05 packet draft.doc 222 C7 Founded 1868 Incorporated 1876 The Spirit of Community ty May 18, 2005 Larry Kruse, Administrator City of Albertville 5975 Main Avenue NE, Albertville, MN 55301 Dear Mr. Kruse: 4*C *4� rk 1 � ayor Y li4 Jo Steinmetz Council Members Mary Emery Joe McDonald Holly Bchrupp Brad Hotchkiss On behalf of the Wright County Mayor's Association and cities of Wright County, I would like to invite you to the second annual County/City Forum on Tuesday, June 21, 2005 The event will be held at the Wild Marsh Golf Club in Buffalo from 11:30a.m. to 1:30p.m This years Forum will feature a presentation from Scott County Administrator Dave Unmacht. Mr. Unmacht will share his success stories and lessons learned from guiding Scott County through its growth. The Forum will also provide city and county officials with an opportunity to interact, network, and improve communication. It is the desire of the Mayor's Association and Wright County cities to enhance cooperation and collaboration with the County. This event will provide an environment for all to work towards that goal. The Mayor's Association looks forward to your attendance and participation in what is sure to be a positive and rewarding event. In order to assist planning efforts, we are requesting RSVP's to be directed to Laureen Bodin at the City of`Buffalo by Monday, June 13. Ms. Bodin can be reached by a -mail at Laureen.Bodin@ci.buffalo.mn.us or by phone at 763.682-5404. Sincerely, Mayor, City of Delano City Offices: 234 2nd Street North • P.O. Box 108 • Delano, Minnesota 55328 Phone:763-972-0550 Faxx:763-972-6174 MAPublic Data\City Council\Council Agendas\2005 Agendas\A 06-06-05 packet draft.doe 223