2005-08-01 CC Packet
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ALBERTVILLE CITY COUNCIL
AGENDA
August 1, 2005
7:00 PM
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER - ROLL CALL - ADOPT AGENDA
3. EDA AGENDA (pg. 3)
4. MINUTES
a. July 18, 2005 City Council Minutes (pgs. 5-8)
b. July 19,2005 City Council Workshop Minutes (pg. 9-11)
5. CITIZEN FORUM - (10 Minute Limit)
6. CONSENT AGENDA
a. Approve payment of claims check numbers 021703 to 021739 (pgs. 13-18)
b. Approve the City Administrator working with Berning and Vetsch to identify and
hire an audio, video, and lighting consultant for the technology component of the
Council chambers and other key areas, developing plans and specification for
bidding at a cost not to exceed $9,000 (pg. 19)
c. Approve the Personnel Committee's recommendation for a wage increase for the
City Clerk from $17.44 to $18.44 per hour as per the enclosed RCA. (pg. 21)
7. ACTION ON PULLED CONSENT ITEMS
8. DEPARTMENT BUSINESS
a. Finance Department
1). Written Report (pgs. 23-29)
b. Public Works
1). Public Works Department Written Report (pg. 31)
2). Approve Change Order to the CR 37 Trail Project to overlay the older portion
of the trail in an amount not to exceed $6,500
c. Planning Department
1). Space Aliens Grille and Bar (pgs. 33-62)
a). Resolution No. 2005-27 (Space Aliens Grille & Bar)
b). Preliminary Plat
c). Site and Building Plan Review
d). Final Plat
e). Developer's Agreement
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2). Gentle Dental (pgs.63-1 02)
a). Rezoning - Ordinance 2005-05 (Rezoning from R-1 to B-2)
b). Resolution No. 2005-28 (Gentle Dental)
c). Preliminary Plat
d). Site and Building Plan Review
e). Final Plat
t). Developer's Agreement
d. Engineering
1). BMI Status Update (pgs. 103-104)
e. Legal
f. Administration
1). Written Report (pg. 105)
2). Adopt the 2005 Codified Municipal Code Ordinance (pgs.107-109)
3). Adopt Lodging Tax Ordinance (pgs. 111-118)
4). Approve Library Funding (St. Michael payment) (pg. 119)
5). Review 1-94 Phasing Plan (SEH submittal) (pg. 121) .
6). Review Ice Arena Cost Estimates (second sheet) (pg.123-124)
7). Review CSAH 19/67 Draft Street Engineering Report (see addendum)
8). Review City Hall -June 26, 2005 City Hall Mechanical Design Development
Meeting Minutes (pgs. 125-127)
9). City Clerk Step Increase (pg. 129)
9. OTHER BUSINESS, MINUTES AND MATERIALS
10. ADJOURN TO EDA MEETING (pgs.131-135)
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Albertville Economic Development Authority (EDA)
Agenda
August 1, 2005
CALL THE MEETING TO ORDER following 7:00 P.M. City Council meeting
BUSINESS:
1) ADOPT DECLARATION OF INTENT TO FINANCE CITY HALL BY MEANS OF A
LEASE REVENUE BOND. (PO. )
ADJOURNMENT
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ALBERTVILLE CITY COUNCIL
July 18, 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, Assistant City Planner Bob Kirmis, 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 Fay to approve the
agenda adding Fire Department-Resolution and Sheriff Hours under Administration. Motion
carried unanimously.
MINUTES
MOTION BY Council member Vetsch, seconded by Council member Berning to approve the
July 5, 2005 regular City Council minutes as on file in the office of the City Clerk. Motion
carried unanimously.
CITIZEN FORUM
Mayor Peterson asked if there was anyone in the audience to address the Council regarding
something that is not already on the agenda.
There was no one present.
CONSENT AGENDA
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
consent agenda pulling item "c". Motion carried unanimously.
a. Approve payment of claims check numbers 021642 to 021697
b. Approve S.E.H.'s recommendation for Application for Payment No.5 for 2004 Prairie
Run Project to Dennis Fehn Gravel & Excavating, Inc. in the amount of $107,047.97
c. Approve S.E.H.'s recommendation for Application for Payment No.5 for 2004 School
Pedestrian and Bike Path to Buffalo Bituminous, Inc. in the amount of $20,624.92
ACTION ON PULLED CONSENT ITEMS
Council wanted to know if Buffalo Bituminous has completed everything we have hired them to
do. Council would like to consider holding the payment.
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City Attorney Couri stated we couldn't hold the funds for one project if they have not completed ...
another project. One suggestion is to work on a punch list of items Buffalo Bituminous, Inc.
needs to complete and contact Wright County to get things completed and addressed regarding
any county roads.
MOTION BY Mayor Peterson, seconded by Council member Berning to approve the
Motion carried unanimously.
DEPARTMENT BUSINESS
FINANCE DEPARTMENT UPDATE
Finance Director Lannes touched very briefly on the Accounts Receivable. She proceeded to the
Utility Billing and how this time we sent out 20 disconnection notices compared to 121 the
previous quarter. We got a good response from the residents and did not have to shut off any.
The residents either paid the bill or set up a payment plan.
Finance Director Lannes reported on the Budget update and explained some highlighted areas.
She reviewed the 2005 Council Updated Budget, the status of outstanding projects and amounts
paid out on the projects.
BmLDING DEPARTMENT REpORT
Reviewed the Building Department written report.
PLANNING DEPARTMENT
Moonev Second Addition - Final Plat - Develooer's AQI'eement
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Assistant City Planner Kirmis reported that Finn Daniels has made an application for final plat of
Mooney Second Addition. The expressed intention of this application is for the final plat of Lot
1, Block 1, Mooney Second Addition. Mr. Kirmis reviewed the City Planners Report and
Planning Commission recommendation as on file in the office of the City Clerk.
MOTION BY Council member Fay, seconded by Council member Berning that based on the
Findings of Fact to approve the Mooney Second Addition - Final Plat subject to the conditions
herein, and to the comments made by the City Engineer and as on file in the office of the City
Clerk. Motion carried unanimously.
MOTION BY Council member Klecker, seconded by Council member Vetsch to approve
Developer's Agreement as on file in the office of the City Clerk. Motion carried unanimously.
ENGINEERING
Bolton and Menk Monthlv Reoort
City Engineer Kasma reviewed the monthly report updating the Council on the progress of
projects throughout Albertville. Mr. Kasma gave a brief update on the situation with Ms.
Pauling's backyard and how the City is working on the drainage issue.
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Council requested the City Engineer look into the possibility of putting flashing lights on the 4-
way stop at the intersection of Main Avenue NE and 57th Street NE. It is hard to see the stop
signs in the evening and until the residents are used to the new traffic situation Council would
appreciate addition notification.
City Engineer Kasma would work with PW Supervisor Guimont to address this request.
MNDOT Detours & Al!reements Resolution No. 2005-25 TH 241 MnDOT Al!feement 88121
City Engineer Kasma reported on the MnDOT Detours and Agreements Resolution No. 2005-25
entitled TH 241 MnDOT Agreement 88121.
Mayor Peterson wanted to make sure that Albertville citizens would not suffer with the
construction in St. Michael. Council agreed to ensure the routing through Albertville would be
to much of an impact on the residents.
MOTION BY Council member Fay, seconded by Council member Vetsch to approve
Resolution No. 2005-25 entitled TH 241 MnDOT Agreement 88121 as presented and on file in
the office of the City Clerk. Motion carried unanimously.
S.E.H. Chanl!e Order - Public Works Facilitv
City Administrator Kruse reviewed the Public Works Facility Change Order No. 15 presented in
the Council packet.
Council wanted to make sure that PW Supervisor Guimont had a written agreement in place for
Omann Brothers to complete the project.
MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve the S.E.H.
Change Order - Public Works Facility as presented with the understanding that PW Supervisor
Guimont has a written agreement for the amount and as on file in the office of the City Clerk.
Motion carried unanimously.
ADMINISTRATION
City Administrator Kruse reviewed the Administrator's Report pointing out the upcoming City
Council Workshop. He went on to discuss the Resolution No. 2005-26, which is enclosed in the
packet dealing with the City Hall Design Development looking for Council approval.
MOTION BY Council member Vetsch, seconded by Council member Berning to approve
Resolution No. 2005-26 entitled A Resolution approving the Design Development of the New
Albertville City Hall as on file in the office of the City Clerk. Motion carried unanimously.
City Administrator Kruse was looking for Council approval on the City Hall Design
Development Phase as identified on July 13 in the memorandum from Bonestroo.
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MOTION BY Council member Vetsch, seconded by Council member Berning to approve City .
Hall Design Development Phase as identified on the July 13, 2005 Bonestroo memorandum with
minor modifications as identified in the July 13th Design Development meeting minutes as on
file in the office of the City Clerk. Motion carried unanimously.
City Administrator Kruse was looking for Council approval on the City Administrator working
with Berning and Vetsch to identify and hire a commercial kitchen design consultant at a cost not
to exceed $1,500.
MOTION BY Mayor Peterson, seconded by Council member Klecker to approve the City
Administrator working with Berning and Vetsch to identify and hire a commercial kitchen
design consultant at a cost not to exceed $1,500. Motion carried unanimously.
City Administrator Kruse was looking for Council approval on the City Administrator working
with Berning and Vetsch to identify and hire an audio, video, and lighting consultant for the
technology component of the Council Chambers and other key areas, developing plans and
specification for bidding at a cost not to exceed $5,000.
MOTION BY Mayor Peterson, seconded by Council member Fay to approve the City
Administrator working with Berning and Vetsch to identify and hire an audio, video, and lighting
consultant for the technology component of the Council Chambers and other key areas,
developing plans and specification for bidding at a cost not to exceed $5,000. Motion carried
unanimously.
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City Administrator Kruse brought to Council attention there is a joint meeting with the STMA
School Board and the City ofSt. Michael set for Monday, July 25, 2005. He also informed the
Council of a ribbon cutting - photo opportunity for the 50th Street NE Trail to be held at 6:30
p.m. on Monday, July 25, 2005.
Sheriff s Deoartment Hours
Council member Klecker reported that there has been some vandalism or harassment within the
Cottages of Albertville Association. There has been some egging of the buildings and someone
ringing doorbells late at night. The Sheriff s Department has not been able to identify anyone or
people involved. Mr. Klecker would like the Council to consider additional police coverage.
No action was taken at this time, but Council did listen to the request made by Mr. Klecker.
ADJOURNMENT
MOTION BY Council member Berning, seconded by Council member Fay to adjourn at 9:00
p.m. Motion carried unanimously.
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ALBERTVILLE CITY COUNCIL WORKSHOP
July 19, 2005
Albertville City Hall
6:30 PM
PRESENT: Mayor Don Peterson, Council members Ron Klecker, LeRoy Berning, and Tom
Fay, City Attorney Mike Couri, 1-94 SEH Transportation Engineer Jaimison Sloboden and BMI
City Engineer Jon Huseby, Financial Advisor Paul Donna representing Northland Securities,
Terry Humbert, representing MNDOT and City Administrator Larry Kruse
Absent: Council member John Vetsch
Others present: John Darkenwald, Casey Darkenwald, Wallace Odell, Judy Roden and Linda
Fisher.
Mayor Peterson called the Albertville City Council workshop to order at 6:30 p.m.
City Administrator Kruse opened the meeting summarizing a staff meeting held with the
Minnesota Department of Transportation and representatives of the Federal Highway
Administration (FHW A). Kruse stated the Federal Highway Administration would support the
City's Option 4, which featured two full 1-94 ramps. FHW A proposed several options, which
Albertville Consulting Engineer Jamison Sloboden will review in more detail.
Mr. Sloboden stated that FHW A will not grant an access permit for Albertville's preferred
Option 4. There are three build options that FHA and MN/DOT would approve, these options
were presented and are outlines as follows:
Option B: A full interchange at CR 19 and a half interchange at CR 37 (West ramps closed) at
an estimated construction cost of $7 million dollars.
Option 2b: A modified C-D road with a high-speed connection to CR19 at an estimated
construction cost of $16.6 million dollars.
Option 3: A full C-D road with high-speed connections to both CR 19 and CR 37 at an
estimated construction cost of $21.7 million dollars.
It was noted that the cost estimates presented were for construction only; the costs do not include
right-of-way acquisition.
MNDOT representative Terry Humbert stated that Federal Highway did not see a strong enough
"need or purpose" for the west ramps at CR 37. This conclusion was based on the traffic studies
(NE Wright County Study and the Freeway Study Report) completed by City Engineer SEH and
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SRF. Traffic modeling forecasts were prepared looking out to the year 2030, these projections .
showed limited traffic projected on the westerly side ofCR 37. Mr. Humbert also stated the
spacing between the on and off ramps between CR 37 and CR 19 was very tight, causing safety
concerns. Humbert expressed the State's interest to work with the City, but that Option 4 was not
a possibility.
Kadler interchange or over pass was discussed. Both Sloboden and Humbert concurred that
Kadler was not an option. During the Northeast Wright County Transportation Study, it was
stated that in order for Kadler to be considered for an access permit, the following three things
would need to be in place. 1) County road system developed south through St. Michael; 2)
County road system developed north through Otsego, and 3) a Mississippi River bridge would
need to be constructed. All of these were estimated to be developed between 2030 and more
likely closer to 2040.
Mr. Humbert stated Federal Highway would approve an ultimate build-out plan and work with
the City on phasing the project. Mr. Humbert stated that in initial phase when ramps are added to
CR 19 that connect directly to 1-94 the CR 37 west ramps would have to be closed, otherwise
removal at a later date is nearly impossible.
After a lengthy discussion, the City Council requested City consulting engineer Sloboden to
identify phasing options along with related costs for the three FHW NMNDOT acceptable
options. Mr. Sloboden thought he may be able to have this information for the City Council in
two weeks.
Mr. Humbert exited the meeting.
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1-94 PROJECT FINANCING
City Administrator Kruse introduced financial advisor Paul Donna, representing Northland
Securities who presented a power point presentation outlining financing alternatives. Options
included G.O. Bond requiring referendums; Improvement Bonds requiring a minimum of 20%
assessment and CIP Bonds. A lengthy discussion was held on the pros and cons of the various
options and the financial implications for the City. Some options exceeded the City's statutory
debt limit of $8 to $9 million range, and would not work.
Mr. Donna in conjunction with City staff, created an interactive worksheet, thus allowing the
City Council to manipulate various financial parameters to see the tax levy impact on property.
It appeared that the larger projects in excess of $1 0 million would be difficult for the City to
afford.
City Attorney Mike Couri reviewed options to raise revenue to pay the bonds including impact
or development fees, assessments and general levies. Mr. Couri cautioned the Council that the
City would probably need to hire an appraiser to identify the amount of benefit for those being
assessed to successfully defend anyone who may challenge an assessment. A voluntary
development fee could be an option if the owners of undeveloped land want the project to
proceed.
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There being no further questions on the 1-94 project, the Council excused Mr. Huseby and Mr.
Sloboden from the rest of the meeting where other issues were to be discussed.
NEW CITY HALL, WASTEWATER TREATMENT FACILITY, ARENA LOCKER
ROOM ADDITION, FIRE TRUCK AND OTHER PROJECT FINANCINGS.
City Financial Advisor Paul Donna presented a power point presentation on how the City could
finance a new $3.7 million dollar city hall, $4 million dollar Waste Water Treatment Facility,
$450,000 new fire pumper truck, and $750,000 arena locker room addition.
Mr. Donna outlined the pros and cons of G.O. Bonds, Capital Improvement Bonds and Lease
Revenue Bonds. City Administrator Kruse and City Finance Director Lannes prepared a fiscal
analysis showing how the City could manage the significant amount of borrowing with little
impact on the tax levy using reserves to phase the levy and allow growth in the tax capacity to
absorb the impact.
The Council expressed a willingness to maximize the size of the City Hall and Waste Water
Treatment Facility bond, thus allowing the City to use excess cash to finance things like the
arena addition and fire truck internally.
City Administrator Kruse stated a lot of information was shared tonight and asked the Council to
think about this more. Kruse will be recommending a course of action at the next City Council
meeting.
ADJOURNMENT
MOTION BY Council member Fay, seconded by Council member Berning to adjourn at
9:30 p.m. Motion carried unanimously.
Don Peterson, Mayor
Larry Kruse, City Administrator
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CITY OF ALBERTVILLE
07/27/054:35
Pai
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*Check Detail Register@
August 2005
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 021703 8/112005 ABELARD
G 101-22800 Landscaping Escrow
Total
Paid Chk# 021704 8/1/2005 AFLAC
G 101-21710 Other Deducations
$3,000.00
$3,000.00
refund escrow R# 93419
ABELARD
$16.16 620118
$16.16
AFLAC Insurance Prem
Total AFLAC
Paid Chk# 021705 8/1/2005 ALLIED BLACKTOP CO.
E 102-49440-300 Professional Srvs (GENERAL)
Total ALLIED BLACKTOP CO.
Paid Chk# 021706 8/1/2005 BOLTON & MENK, INC
E 101-43100-223 Seal Coating
E 101-41700-303 Engineering Fees
R 602-00000-37175 TRUNK WATER FEES
E 101-43100-224 Street Overlayment
E 492-49000-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-42400-300 Professional Srvs (GENERAL)
R 204-00000-37270 SAC Fees
E 468-49000-303 Engineering Fees
E 101-41700-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-41700-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-41700-303 Engineering Fees
E 101-41710-303 Engineering Fees
Total BOLTON & MENK,INC
Paid Chk# 021707 8/1/2005 BRACK BUILDERS
G 101-22800 Landscaping Escrow $1,500.00
Total BRACK BUILDERS $1,500.00
Paid Chk# 021708 8/1/2005 CHOUINARD OFFICE PRODUCTS
E 101-43100-215 Shop Supplies $25.30 55046
Total CHOUINARD OFFICE PRODUCTS $25.30
Paid Chk# 021709 8/1/2005 CNH CAPITAL
E 601-49450-404 Repair/Maint - Machinery/Equip
Total CNH CAPITAL
Paid Chk# 021710 8/1/2005 COURI & MACARTHUR
E 101-41610-304 Legal Fees
E 101-41600-304 Legal Fees
E 101-41610-304 Legal Fees
E 101-41600-304 Legal Fees
E 101-41610-304 Legal Fees
E 101-41610-304 Legal Fees
E 101-41610-304 Legal Fees
E 101-41610-304 Legal Fees
E 101-41610-304 Legal Fees
E 101-41610-304 Legal Fees
E 101-41610-304 Legal Fees
$497.25
$497.25
2003 Seal Coat Imp
$1,373.50 86545
$6,900.00 86546
$13,681.95 86547
$6,415.00 86548
$2,500.00 86550
$8,609.50 86551
$142.50 86552
$2,850.00 86553
$8,852.76 86556
$947.50 86557
$3,524.50 86558
$317.50 86559
$3,656.00 86560
$345.00 86560
$1,921.75 86560
$3,907.50 86564
$65,944.96
05 Seal Coat
Lachman Ave
Hunters Pass Mud Lake Wtr Main
05 Overlays
52nd Street
Hunters Pass
Towne Lakes 6th
Surveys
Hunters Pass Lift Station
I 94 Study
Hockey Rink
Space Aliens
Maciver
Premier lot
general matters, permits, dra
LeBeaux Station
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Refund Escrow R# 93418
supplies
$47.65 504393111910
$47.65
belts
$62.50
($525.00)
$31.25
$31.25
$31.25
$31.25
$31.25
$437.50
$93.75
$187.50
$218.75
Space Aliens
bankruptcy refund
Albertville Shop
Ice Arena
Karston Cove 3
Kollville Estates 2
Welcome Furniture
Shoppes at Prairie Run
Old Castle Glass
Philip Morris
Koopman Addition
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CITY OF ALBERTVILLE
*Check Detail Register@)
07/27.'35
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August 2005
Check Amt Invoice
Legal Fees $375.00
Legal Fees $406.25
Legal Fees $500.00
Legal Fees $812.50
Legal Fees $906.25
Legal Fees $968.75
Legal Fees $31.25
Legal Fees $62.50
Legal Fees $31.25
Legal Fees $187.50
Legal Fees $156.25
Legal Fees $31.25
Legal Fees $31.25
Legal Fees $93.75
Legal Fees $31.25
Legal Fees $687.50
Legal Fees $187.50
Total COURI & MACARTHUR $6,131.25
Paid Chk# 021711 8/1/2005 DJ'S TOTAL HOME CARE CENTER
E 101-42000-200 Office Supplies (GENERAL) $95.85 2212/1
E 101-42000-200 Office Supplies (GENERAL) $8.13 2214/1
E 101-42000-200 Office Supplies (GENERAL) $2.49 2215/1
E 101-42000-200 Office Supplies (GENERAL) $2.65 500217
Total DJ'S TOTAL HOME CARE CENTER $109.12
Paid Chk# 021712 8/1/2005 ELAN FINANCIAL SERVICES
E 101-41300-433 Dues and Subscriptions $565.00
E 101-41300-200 Office Supplies (GENERAL) $49.18
E 101-45100-530 Improvements Other Than Bldgs $352.77
E 101-41400-200 Office Supplies (GENERAL) $139.55
E 101-41400-200 Office Supplies (GENERAL) $90.65
Total ELAN FINANCIAL SERVICES $1,197.15
Paid Chk# 021713 8/1/2005 FUTRELL FIRE CONSULT & DESIGN
E 101-41000-300 Professional Srvs (GENERAL) $258.75 18295
E 101-41000-300 Professional Srvs (GENERAL) $115.00 18299
Total FUTRELL FIRE CONSULT & DESIGN $373.75
Paid Chk# 021714 8/1/2005 INSPECTRON INC.
E 101-42400-300 Professional Srvs (GENERAL) $4,800.00
Total INSPECTRON INC. $4,800.00
Paid Chk# 021715 8/1/2005 INTERNATIONAL CODE COUNCIL
E 101-42400-433 Dues and Subscriptions $100.00
Total INTERNATIONAL CODE COUNCIL $100.00
Paid Chk# 021716 8/1/2005 L.M.C.I.T.
E 601-49450-151 Worker's Comp Insurance Prem
Total L.M.C.I.T.
Paid Chk# 021717 8/1/2005 LONG, STEVE
E 101-42050-437 Misc. Donations
Total LONG, STEVE
M M HOMES
E 101-41610-304
E 101-41600-304
E 101-41610-304
E 101-41610-304
E 101-41600-304
E 101-41610-304
E 101-41610-304
E 476-49000-304
E 482-49300-304
E 473-49000-304
E 473-49000-304
E 473-49000-304
E 473-49000-304
E 468-49000-304
E 466-49000-304
E 101-41600-304
E 468-49000-304
$346.00 19875
$346.00
$440.60
$440.60
Paid Chk# 021718
8/1/2005
Comment
Space Aliens
Hunters Pass
Parks ide Commercial Lot 2
Edina Wetlands
General Matters, Meetings, cou
Edina Development Default
Outlet Mall Expansion
194
City Hall
Prairie Run
Prairie Run - Heuring
Prairie Run Improvements
Prairie Run - Gold Key
194
Public Works Facility
Mooney's 2nds
194
twl, lube, armr all, rags, etc
cleaner
bulbs
Finance Charge
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ICMA
supplies
Landscapes
supplies. pop, wtr
supplies
Parkside Community Center Bldg
Gentle Dental
June service 2005
annual dues JS
add no fault sewer
FD Donations Acct T-shirts
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CITY OF ALBERTVILLE
*Check Detail Register@
August 2005
G 101-22800 Landscaping Escrow
Total M M HOMES
Paid Chk# 021719 8/112005 MARSHALL, EDWARD
G 101-22800 Landscaping Escrow
Total MARSHALL, EDWARD
Paid Chk# 021720 8/1/2005 Mil LIFE
E 602-49400-130 Employer Paid Ins (GENERAL)
E 101-41500-131 Employer Paid Health
E 101-42400-130 Employer Paid Ins (GENERAL)
E 101-43100-130 Employer Paid Ins (GENERAL)
E 101-41300-131 Employer Paid Health
E 101-41400-131 Employer Paid Health
E 601-49450-130 Employer Paid Ins (GENERAL)
E 101-45100-130 Employer Paid Ins (GENERAL)
G 101-21710 Other Deducations
Check Amt
$3,000.00
$3,000.00
Invoice Comment
Refund Escrow R# 9919
Total Mil LIFE
Paid Chk# 021721 8/1/2005 MINNESOTA COPY SYSTEMS
E 101-41400-413 Office Equipment Rental $21.30 138776
Total MINNESOTA COPY SYSTEMS $21.30
Paid Chk# 021722 8/1/2005 MN DEPT. OF TRADElECON. DEV.
E 601-49450-601 Debt Srv Bond Principal $35,951.26
E 601-49450-611 Bond Interest $14,014.00
Total MN DEPT. OF TRADElECON. DEV. $49,965.26
Paid Chk# 021723 8/1/2005 MONTICELLO ANIMAL CONTROL
E 101-42700-309 Animal Control Contract $40.00 541
Total MONTICELLO ANIMAL CONTROL $40.00
Paid Chk# 021724 8/1/2005 NATIONAL WATERWORKS
R 201-00000-34705 Park Dedication Fees
Total NATIONAL WATERWORKS
Paid Chk# 021725 8/1/2005 NEXTEL COMMUNICATIONS
E 101-42400-323 Nextel Radio Units $42.93 718183318-04 Nextel Phones
E 101-41300-321 Telephone $48.01 718183318-04Nextel Phones
E 101-45100-323 Nextel Radio Units $40.58 718183318-04Nextel Phones
E 101-43100-323 Nextel Radio Units $40.58 718183318-04Nextel Phones
E 601-49450-323 Nextel Radio Units $40.58 718183318-Q4Nextel Phones
E 101-43100-323 Nextel Radio Units $40.58 718183318-Q4Nextel Phones
E 602-49400-323 Nextel Radio Units $42.09 718183318-04Nextel Phones
E 101-42400-323 Nextel Radio Units $40.58 718183318-Q4Nextel Phones
E 101-45100-323 Nextel Radio Units $41.65 718183318-Q4Nextel Phones
E 101-41400-323 Nextel Radio Units $40.58 718183318-04Nextel Phones
E 101-41400-323 Nextel Radio Units $40.58 718183318-04Nextel Phones
E 101-43100-323 Nextel Radio Units $40.58 718183318-Q4Nextel Phones
Total NEXTEL COMMUNICATIONS $499.32
Paid Chk# 021726 8/1/2005 OFFICE MAX - A BOISE COMPANY
E 101-42400-200 Office Supplies (GENERAL) $183.10440446
E 101-41400-200 Office Supplies (GENERAL) $183.09 440446
E 101-42400-200 Office Supplies (GENERAL) $10.31 441956
E 101-42400-200 Office Supplies (GENERAL) $9.57 442718
$3,000.00
$3,000.00
$3.90
$2.40
$18.90
$18.00
$14.10
$4.80
$3.90
$3.90
$7.50
$77.40
$202.65 2426987
$202.65
Reimburse Escrow R# 93484
Emp Life Ins
Emp Life Ins
Emp Life Ins
Emp Life Ins
Emp Life Ins
Emp Life Ins
Emp Life Ins
Emp Life Ins
Emp Life Ins Emp Portion
Maintence contract
Principal Bond Pmt
Interest pmt
pick up lab mix, and cat
Villas Park poly, tubing
Pens, binders, notepads, stpls
Pens, binders, notepads, stpls
binder clips
paper
07/27/054:35
Pal
15
CITY OF ALBERTVILLE
*Check Detail Register@)
Total OFFICE MAX - A BOISE COMPANY
Paid Chk# 021727 8/1/2005 PINNACLE PRINTING,INC.
E 101-41400-200 Office Supplies (GENERAL)
Total PINNACLE PRINTING, INC.
Paid Chk# 021728 8/1/2005 PITNEY BOWES
E 101-41400-413 Office Equipment Rental
E 101-41400-413 Office Equipment Rental
Total PITNEY BOWES
Paid Chk# 021729 8/1/2005 POTTER, MIKE
E 101-45100-530 Improvements Other Than Bldgs $200.00
Total POTTER, MIKE $200.00
Paid Chk# 021730 8/1/2005 RUSSELL SECURITY RESOURCE INC.
E 101-41400-200 Office Supplies (GENERAL) $11.49
Total RUSSELL SECURITY RESOURCE INC. $11.49
Paid Chk# 021731 8/1/2005 S.E.H.
E 491-49000-303 Engineering Fees
E 101-41700-303 Engineering Fees
E 491-49000-303 Engineering Fees
E 101-41700-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 400-47000-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 465-49000-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 465-49000-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-41700-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 473-49000-303 Engineering Fees
E 470-49000-303 Engineering Fees
Total S.E.H.
Paid Chk# 021732 8/1/2005 SPRINT- MO
E 101-41940-321 Telephone
E 101-42000-321 Telephone
E 101-42000-321 Telephone
E 101-42400-321 Telephone
E 101-42400-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 101-42000-321 Telephone
August 2005
Check Amt
$386.07
Invoice
$73.49 4609
$73.49
Comment
perted ppr
$521.44 postage
$102.00 0787150-JY05Postage Machine Rental
$623.44
$16,488.00 131726
$2,389.50 132639
$30,915.00 132742
$6,772.77 132891
$451.20 132892
$840.00 132893
$203.69 132934
$9,083.22 132935
$716.90 132936
$154.46 132937
$5,306.73 132938
$86.57 132939
$182.81 132940
$360.57 132941
$3,277.94 132942
$435.20 132943
$1,002.00 132943
$357.60 132943
$6,418.56 133061
$5,701.11 133062
$91,143.83
$48.78
$48.78
$48.78
$55.73
$109.17
$48.78
$227.36
$39.95
$189.98
$48.78
$39.95
$31.94
$31.04
Basket ball standards poles
keys made
WWTP
GIS Servies
WWTP Phase 2
benchmark update
Towne Lakes 6th
2002 Frontage Ave Improvements
Kollville Estates 2nd
Albertvilla's 6th
CSAH 19 Upgrade
Towne Lakes Phase II
CSAH Ramps
Kollville Estates 3rd
Shoppes at Townel Lakes
Phil Morris
Towne Lakes 5th
Old Castle Glass
Staff Mtg, Letter of credit, g
Parkside Commercial Center
Prairie Run
37 Bike Path
497-4182
497-7416
497-7485
497-5106
497-5007
497-3758
Taxes & Surcharge
497-0179
497-3384
497-3106
497-3145
497-1888
497-7474
07/27.
.
.
16
.
.
.
CITY OF ALBERTVILLE
07/27/054:35
Pal
*Check Detail Register@)
Total SPRINT. MO
Paid Chk# 021733 8/1/2005 SUTHERLAND, JON
E 101-42400-331 Travel Expenses $75.74
Total SUTHERLAND, JON $75.74
Paid Chk# 021734 8/1/2005 TOSHIBA AMERICA INFO SYS INC
E 101-41400-413 Office Equipment Rental $496.16 42525272
Total TOSHIBA AMERICA INFO SYS INC $496.16
Paid Chk# 021735 8/1/2005 VIKING SEWER & DRAIN CLEANING
E 101-41940-405 Repair/Maint - Buildings $165.00 18389
Total VIKING SEWER & DRAIN CLEANING $165.00
Paid Chk# 021736 8/1/2005 WRIGHT CTY SHERIFFS PATROL
E 101-42110-307 Police Contract Fees $34,857.50 patrol 05 7 July 05 service
Total WRIGHT CTY SHERIFFS PATROL $34,857.50
Paid Chk# 021737 8/1/2005 WRIGHT RECYCLING
E 101-43200-308 Recycling Contract Fee $3,297.00
Total WRIGHT RECYCLING $3,297.00
Paid Chk# 021738 8/1/2005 WRIGHT.HENNEPIN COOPERATIVE
E 101-45100-381 Electric Utilities $171.36 parks
E 101-43160-381 Electric Utilities $57.43 501485520007
E 601-49450-381 Electric Utilities $40.11 501507660007
Total WRIGHT.HENNEPIN COOPERATIVE $268.90
Paid Chk# 021739 8/1/2005 XCEL ENERGY
E 101-45100-381 Electric Utilities
E 101-43100-381 Electric Utilities
E 101-42000-381 Electric Utilities
E 101-41940-381 Electric Utilities
E 101-43160-381 Electric Utilities
E 101-41940-381 Electric Utilities
E 101-42400-381 Electric Utilities
E 101-45100-381 Electric Utilities
E 101-41940-381 Electric Utilities
E 101-45100-381 Electric Utilities
E 601-49450-381 Electric Utilities
E 101-43100-321
E 101-41940-321
E 101-41940-321
E 101-42000-321
E 101-41940-321
E 101-41940-321
E 101-42000-321
Telephone
Telephone
Telephone
Telephone
Telephone
Telephone
Telephone
St
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
Total XCEL ENERGY
10100 Premier Bank
August 2005
Check Amt
$30.00
$30.00
$29.18
$29.01
$26.76
$14.15
$41.44
$1,169.56
Invoice
Comment
497-0774
497-0452
497-3210
497-4214
497-2215
Idst
497-4836
Mileage Annual Cont.
Copier Lease Agreement
service call
June 05 Service
Street Lighting - 58-59-60 St.
Towne Lakes Lift Station
$23.74 514579640307 11830 51st St
$345.79 514602816607 6461 Maciver
$193.69 514689784907 11350 57th
$533.61 514689784907 5975 Main Ave
$27.17 514689785007 11750 Co Rd 37 Unit Signal
$47.09 514752401207 6002 Main Ave
$42.09 514770979707 5964 Main Ave
$42.11 51489784907 5801 Main Ave
$21.64 515112363007 5998 La8eaux Ave
$133.15515381876907 1147458thStParkSheleter
$100.46 515454326907 Sewer 5900 Co Rd, 52nd Lift
$3.12 515556410807
$425.50 515807893407
$30.00 515962460907
$238.22 516065348107
$2,631.88 516363622607
$4,839.26
$278,942.56
5799 Lander Ave
11401 58th St
11060 61st Unit Signal
11200 60th Sewer Lift Station
6451 Maciver
17
Fund Summary
101 GENERAL FUND
1 02 CAPITAL OUTLAY RESERVE
201 PARK DEDICATION
204 SEWER ACCESS
400 CLOSED CAPITAL PROJECTS
4652003 CSAH 19 WIDENING
466 PUBLIC WORKS FACILITY
468 CSAH 19 RAMPSII 94 Project
470 CSAH 37
473 PRAIRIE RUN
476 SCHOOL PEDESTRIAN - BIKE TRAIL
482 CITY HALL 2004-5
491 WWTF Phase 2
492 52nd st
601 SEWER FUND
602 WATER FUND
CITY OF ALBERTVILLE
*Check Detail Register@)
August 2005
Check Amt Invoice Comment
10100 Premier Bank
$131,601.60
$497.25
$202.65
$8,852.76
$840.00
$6,023.63
$31.25
$1 ,228.75
$5,701.11
$6,824.81
$62.50
$31.25
$47,403.00
$2,500.00
$53,414.06
$13,727.94
$278,942.56
07/27.
.
.
18
.
.
.
REQUEST FOR COUNCIL ACTION
DATE:
JULY 25, 2005
TO:
CITY COUNCIL
FROM:
LARRY R. KRUSE, CITY ADMINISTRATOR
SUBJECT:
CITY HALL AUDIO VISUAL TECHNOLOGY CONSULTANT
SITUATION:
At-the last meeting, the City Council passed a motion to authorize the City Administrator to
work with Council member Berning and Vetch to select a consultant to assist development of
plans and specification for the audiovisual and technology component of City Hall. I still need
to gather additional information, but it appears the $5,000 approved may not be adequate to
accomplish this task. I would like to request the City Council increase that amount to up to
$9,000.
RECOMMENDATION:
MOTION BY Mayor Peterson, seconded by Council member Fay to approve the City
Administrator working with Berning and Vetsch to identify and hire an audio, video, and lighting
consultant for the technology component of the Council Chambers and other key areas,
developing plans and specification for bidding at a cost not to exceed $9,000.
19
.
.
.
TO:
FROM:
City Council
Personnel Committee
Mayor Peterson
Councilmember John Vetsch
Larry R. Kruse, City Administrator
July 27, 2005
City Clerk Wage Step Increase
DATE:
RE:
BACKGROUND
Last year when we conducted a wage study, the City Clerk's position was below the starting
step. To implement the program, it was decided to create several interim steps, with interim goals
and reviews. The City Clerk has had two interim reviews and has been making progress towards
assuming the full duties of the City Clerk. Bridget Miller continues to learn and grow in the
position. In addition Ms. Miller has been attending some additional schooling at St. Cloud.
Currently, Ms. Miller is at $17.44 per hour and the current starting step for the position is $18.88
per hour. Funds are currently budgeted for this increase.
RECOMMENDATION
Grant a $1.00 per hour increase retroactive to May 1,2005.
21
.
.
.
TO:
FROM:
DATE:
City Council
Tina L. Lannes
July 27, 2005
Accounts Receivable Update
RE:
Total accounts receivable billed through July 25, 2005 through the billing/invoicing system is
$1,703,701.99 of that amount, staffhas collected $1,052,011.62 as of July 25, 2005. The
remaining amount outstanding is $381,438.03.
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
$37,378.47
$17,072.88
$4,531.89
$316,766.29
9.80%
4.48%
1.19%
83.05%
The main outstanding receivables that are overdue are still Edina Development.
23
.dor Amount Amount 0-30 Days 30-60 days 60-90 days 90 days & Un-
Billed Due Over collectable
Wright County $50,000.00 $0.00
Town Lakes $78,560.33 $0.00
City of Otsego $21,656.66 $0.00
Wright County Assessor $5.00 $0.00
Beatrice Praught $200.00 $0.00
Woodside Cedar Creek $1,042.24 $0.00
Woodside Karston Cove $3,198.22 $0.00
Psyk's $11,000.00 $0.00
Leuer & Munsterteiger $2,647.47 $0.00
Midlands Development $386.23 $0.00
Keep it Safe $460.05 $0.00
Shoppes @ Towne Lakes $140.00 $0.00
Seasonal Concepts $429.00 $0.00
Ahems Enterprises $480.00 $0.00
Shoppes @ Towne Lakes $316.25 $0.00
James Franklin $74.11 $0.00
Phil Morris $105.00 $0.00
Albertville Dental $2,921.15 $0.00
ring America $1,077.00 $0.00
Wright Hennepin Sub $21,721.80 $0.00
Towne Lakes $10,238.61 $0.00
Woodside Karston Cove $1,026.97 $0.00
Leuer & Munsterteiger $1,609.71 $0.00
Edina Development $96,365.70 $0.00
Shoppes @ Towne Lakes $456.00 $0.00
Shoppes @ Towne Lakes $2,668.28 $0.00
CPG Properties $1,326.96 $0.00
Minnesota Development $350.60 $0.00
Agencv
Wright lIennepm.Sub $210.00 $0.00
Heidi's Car Wash $566.20 $0.00
Weed Elimination $175.00 $0.00
Mn Development Agency $396.40 $0.00
Mn Development Agency $146.58 $0.00
James Franklin $1,032.16 $0.00
Prior Billing Invoiceing $312,989.68 $0.00 $0.00 $0.00 $0.00 $0.00
System
. CLUB $900.00 $0.00
ACE PROPERTY $1,569.30 $0.00
MANAGEMENT
ALBERTVILLE BODY $2,901.85 $1,301.85 $470.90 $830.95
SHOP, INC.
ALBERTVILLE $4,655.64 $1,193.25 $1,193.25
DENTAL
ALBERTVILLE $196.84 $0.00
ORTHODONTICS
ALBERTVILLE PLAZA $167.42 $0.00
ALLINA MEDICAL $50.85 $0.00
CENTER
ALSHOUSE $481.18 $0.00
PROPERTIES
BEST ASSETS $384.46 $0.00
BLUE SKY HOMES, $12,693.19 $0.00
LLC
BREDEMEIER, ANNE $100.00 $100.00 $100.00
BRIGGS PROPERTIES $621.92 $0.00
BUFFALO $100.00 $0.00
BITUMINOUS INC.
C70 BillLDERS $2,784.62 $277.29 $277.29
CASCADE II LAND $15,450.35 $1,312.50 $1,156.25 $156.25
COMPANY
CEDAR CREEK GOLF $500.00 $0.00
COURSE
CHANDLER $214.81 $0.00
CONTRACTING
COBORN'S $12,241.28 $0.00 WAC 10,987.26
COM-TEN LLC $52.94 $0.00
CPG PARTNERS $3,365.46 $555.50 $414.25 $141.25
CULVERS $131.25 $0.00
DARKENW ALD REAL $2,250.00 $125.00 $125.00
ESTATE
DR. JILL & GREG $8,900.00 $0.00
KOOPMAN
EDINA DEVELOPMENT $365,159.76 $326,345.97 $9,697.89 $6,078.00 $3,645.75 $306,924.33 EDINA
FEHNGRA VEL & $11,334.80 $0.00
EXCA V A TING
FRIENDLY CITY DAYS $444.23 $227.50 $227.50
COMMITTEE
FRANKLIN OUTDOOR $140.28 $0.00
SIGN CO
FTTH $422.95 $0.00
COMMUNICATIONS
GEEZ SPORTS BAR & $900.00 $0.00
GRILL
H.J. DEVELOPMENT $10,652.97 $6,129.68 $441.18 WAC 5,688.50
HACKENMUELLER'S $500.00 $0.00
HANAUSKA, TOM $45.01 $0.00
26
_IS MARKET $329.26 $0.00
M HOLDINGS INe $1,600.00 $1,600.00 $1,600.00
HONG THAI $700.00 $0.00
HOUSEHOLD $105.98 $0.00
FINANCIAL
JOINT POWERS BOARD $690.00 $0.00
KAST, DEREK & $50.00 $50.00 $50.00
JESSICA
KAY MARIE & CAROLS $900.00 $0.00
DANCE
KENT ROESSLER, LLC $2,233.30 $0.00 Pilot
KIKO, WALTER $124.79 $124.79 $124.79
KOLLES, SYLVESTER $200.00 $200.00 $200.00
KOPPENDDRA YER, $54.11 $0.00 54.11
SCOTT
LEE, FONG AND $100.00 $0.00 100.00
SILVIA
LEUER- $2,410.59 $0.00
MUNSTERTEIGER
PROPERTIES
MARX, BERNARD $35.00 $0.00
METRO HOME $10.00 $0.00
WATERPROOFING
I DEVEWPMENT $19,150.49 $10,094.30 $3,322.30 $6,772.00
ENCY
BIL $500.00 $0.00
MOONEY $9,450.60 $0.00
DEVELOPMENT
MORTGAGE $100.00 $100.00 $100.00
ELECTRONIC
NEGAARD $200.00 $200.00 $200.00
ENTERPRISES
OLDCASTLE GLASS $7,649.76 $1,224.60 $1,224.60
ALBERTVILLE
OTSEGO, CITY OF $39,441.66 $0.00
PETERSON, JOSH $1,682.88 $1,682.88 $1,682.88
PILOT LAND $407,590.19 $0.00 Pilot 244,823.47
DEVELOPMENT
PRAUGHT, STEVEN & $211.11 $0.00
MICHELLE
PREMIER BANK $912.35 $232.93 $232.93
PREMIER $3,940.13 $3,940.13 $3,940.13
DEVELOPMENT
GROUP
PROPERTY VISION, INC $107.75 $107.75 $107.75
ROSETTIS PIZZA $700.00 $0.00
RTK, LLC $180.00 $0.00
.O;PES AT PRAIRIE $990.09 $0.00
$6,864.35 $451.75 $451.75
27
RUN - FINKE
SHOPPES AT TOWNE $7,245.98 $5,089.35 $948.90 $1,172.78 $55.46 $2,912.21
LAKES
SHOPPES AT TOWNE $14,072.75 $0.00
LAKES ONE
SMACKDOWN BAR & $4,115.08 $1,600.00 $1,600.00
GRILL
SPECTATOR'S GRILLE $15,925.59 $0.00 WAC 14,287.50
&BAR
ST. MICHAEL, SCHOOL $4,978.64 $4,978.64 $4,978.64
DIST
ST. MICHAEL, CITY OF $204,064.40 $10,383.71 $10,312.46 $71.25
STRANG, BRIAN $35.69 $35.69 $35.69
TOWNE LAKES $47,059.15 $1,269.47 $795.36 $153.65 $320.46
WASHINGTON $76.90 $0.00
MUTUAL
WELCOME FURNITURE $220.00 $220.00 $220.00
WOODSIDE $55,630.33 $0.00
COMMUNITIES
WOODSTONE $3,457.21 $221.00 $221.00
BUILDERS, INC.
WRIGHT COUNTY $61,000.00 $0.00
HIGHWAY DEPT.
WRIGHT-HENNEPIN $1,447.48 $0.00
ELECTRIC .
YEARWOOD $1,855.36 $62.50 $62.50
DEVELOPMENT
Total $1,703,701.99 $381,438.03 $37,378.47 $17,072.88 $4,531.89 $316,766.29 5,688.50
Total Billed (Through $1,703,701.99
7/25/05)
Total Collected (Through $1,052,011.62
7/25/05) less uncollectable
accounts
Current 0-30 days $37,378.47 9.80%
30-60 days $17,072.88 4.48%
60-90 days $4,531.89 1.19%
over 90 day $316,766.29 83.05%
Total Uncollectible Pilot $270,252.34
majority
(uncollectible is Pilot
Development, the WAC
issues)
Total outstanding $381,438.03 22.39% .
-- - - .
28
lectable)
Total outstanding less
Edina
Total outstanding less
Edina more than 30 da s
$55,092.06
$27,411.48
.
.
14.44%
7.19%
29
~
. A!~~!l'!tlL€
MEMORANDUM
TO: Mayor and City Council
FROM: Tim Guimont, Public Works Supervisor
DATE: July 28,2005
SUBJECT: Public WorkslParks Maintenance Report
County Road Trail
I would like to overlay the existing trail so the whole CR 37 trail will be new. They would put an 1"
to 1 W' overlay on the trail depending on the needs of the areas in the trail that have settled. Omanns
would do it for the same quantity price as the rest of the trail. The estimate for this project is $6,500,
which would be dependent on the quantity they would need to use.
.
Request Council approval for a change order to the CR 37 Trail Project taking funds from the Trail
Fund to complete the overlay on the older portion of CR 37.
Old Plow Truck
What do you want to do with the old 1979 International Plow truck? I would suggest bringing it to
the next Pike Equipment auction in Princeton. Then putting a possible minimum bid on the truck.
Streets Maintenance
We have been hauling dirt to and grading the boulevard along 67th Street NE to make it easier to
maintain.
Parks Maintenance
The Albert Villas Park is ready to be finish graded and seeded. We will be working on that at the end
of August.
TG:bmm
.
31
.
.
.
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2005-25
RESOLUTION FOR SPACE ALIENS
IT IS RESOLVED that the City of Albertville enter into the Findings of Fact and
Decision for the following purposes:
CITY OF ALBERTVILLE
City Council
Findings of Fact
& Decision
Space Aliens
Preliminary Plat LCI Estates
Final Plat
Site and Building Plan Review
Applicant's Name: Tom P. O'Brien
Request: Tom P. O'Brien has submitted a request to construct an 8,887 square foot restaurant
building at the comer of County Road 37 and 60th Street in Albertville. The request involves
approval of the following applications:
1. Preliminary Plat/Final Plat
2. Site and Building Plan Approval
Planning Commission Public Hearing Date:
July 12,2005
City Council Meeting Date: August 1, 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 legally description ofthe subject property is Lot 1, Block 1, LCI Estates.
B. The planning report dated July 6, 2005 from Northwest Associated Consultants as well as
the engineering letter dated July 6, 2005 from Bolton and Menk are incorporated herein.
C. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
D. Traffic generated by the proposed use is within capabilities of streets serving the property
as proposed.
33
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.
J. Upon review of the application and hearing of public testimony at their July 12,2005
meeting, the Planning Commission recommended approval of Space Aliens request for
preliminary plat and final plat and site and building plan review.
Decision: Based on the foregoing information and applicable ordinances, the City Council
APPROVES the Preliminary Plat, Final Plat, and site and building plan review based on the most
current plans and information received to date subject to the following conditions:
Preliminary Plat and Final Plat
1. No building permit shall be issued for any structure on the parcel ofland, which is described,
by metes and bounds until a plat describing such parcel of land is filed with the Wright county
Recorder's Office and proof thereof is furnished to the City. Final plat shall be recorded with
the County prior to issuance of a building permit.
.
2. The utility and drainage easements shall be identified on the preliminary plat and shall be
subject to the review and approval ofthe City Engineer. A 20-foot drainage and utility
easement along the parcels north property line shall be provided with the final plat.
3. The applicant shall provide final plat documents for recording.
4. The applicant shall pay $7,500 per acre in parkland dedication ($7,500 X 1.91 acres =
$14,296). Said payment shall be made with the signing of the final plat.
5. The developer enters into a development agreement with the City to insure all improvements
are installed per approved plans.
6.
60th Street from CSAH 37 to the western edge of the proposed parking lot (380 feet) shall be
upgraded. The road shall be upgraded to a minimum 24-foot wide, nine-ton bituminous
surface, with two-foot aggregate shoulders. Developer shall submit plans and specifications
for the road upgrade that are acceptable to the City Engineer. All costs for upgrading the
street shall be borne by the applicant.
.
34
.
. 5.
.
7.
Sanitary sewer must be extended to the site from south of the railroad in a manner and
location acceptable to the City Engineer. Developer shall submit plans and specifications for
the sanitary sewer that are acceptable to the City Engineer. All costs of the sewer extension
shall be borne by the applicant.
8. Developer shall submit a grading and drainage plan, including plans and specifications for on-
site storm sewer and ponding, which is acceptable to the City Engineer. All costs of the storm
sewer system shall be borne by the applicant and shall be maintained by the applicant.
Site and Building Plan Review
1. Any work within the Wright County or BNSF right-of-way will require a permit.
2. City Council approval of the overall building design and elevations.
3. The applicant shall provide to the City a narrative description of the anticipated hours of
deliveries for the restaurant. If deliveries occur during restaurant business hours, a separate
loading area shall be required for the site.
4. The applicant shall revise the landscaping plan to include the quantities and species of all
plantings. An irrigation plan and the type of ground cover proposed within the entire area
shall also be provided. The striped areas, except disability-parking stalls, of the parking lot
shall be raised landscaped islands.
The applicant shall submit a sign plan as well as the location of all signage for the site for
review and approval by the City.
6. The applicant shall be required to reduce the pylon sign face by a total of 5.7 square feet to be
in compliance with the Sign Ordinance.
7. Subject to the comments of the Fire Inspector.
Adopted by the Albertville City Council this 1st day of August 2005.
35
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
MEMORANDUM
TO:
FROM:
DATE:
RE:
NAC FILE:
Larry Kruse, City Administrator
Michael Darrow / Alan Brixius
July 6, 2005
Albertville- Space Aliens Grill and Bar- Preliminary Plat and Site and Building
Plan Review
163.06 - 05.18
BACKGROUND
An application has been made by Thomas P. O'Brien for Preliminary Plat and Site and Building Plan
approval for the development and construction of a Space Aliens Grill and Bar within the City of
Albertville. The site is located on the comer ofCSAH 37 and 60th Street Northeast and is currently
zoned B-3. The total site area consists of 1.90 acres. Preliminary Plat approval is required because
ofthe current metes and bounds description of the subject site. Site and Building Plan review is
required for development within the City. The area to the immediate north is 1-94 and to the south is
the BNSF railroad. The adjoining area includes a mix of B-3, Highway Commercial business uses.
.
On June 29, 2005 our office sent a letter to the applicant extending the 60-day review period as
allowed under Minnesota State Statute 15.99. The Preliminary Plat and Site and Building Plan
application was received and deemed complete on May 17,2005. The initial60-day review period
will expire on July 16,2005. In order for all of the revised plans to be reviewed and presented during
a regularly scheduled Planning Commission meeting and heard by the City Council meeting, the
extension was sought. The 120-review period will expire on Wednesday, September 14,2005.
Below is a review of the revised plans dated June 27,2005.
EXHIBITS
.
Exhibit AI:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Engineer's Comments
Site Plan
Landscape Plan
Building Elevations and Floor Plan
Grading Plans
Building Details
Photometric Plan
37
Exhibit G:
Exhibit H:
Preliminary Plat
Pylon Sign
.
BACKGROUND AND ANALYSIS
Land Use. The site is zoned B-3, Highway Commercial District. The purpose of the Highway
Commercial District is to provide for the establishment of motor vehicle oriented or dependent high
intensity commercial and service activities. Restaurants are permitted uses within the B-3 district.
The City's Land Use Map guides this site for commercial uses, therefore, the proposed use is
consistent with the City's Comprehensive Plan.
Preliminary Plat. Section A-900.1 (b) states that no building permit shall be issued for any structure
on any parcel of land less than five acres at a building setback line which is described by metes and
bounds until a plat describing such parcel ofland is filed with the Wright County Recorder's Office
and proof thereof is furnished to the City. As a condition of approval utility and drainage easements
must be identified on the preliminary plat and shall be subject to the review and approval of the City
Engineer.
As a condition of final plat approval, the applicant will be required to satisfy the park dedication
requirements of the Subdivision Ordinance Section 600.15 (I) related to commercial dedication. The
fair market value of the property shall be determined at the time of final plat.
Lot Requirements and Setbacks. The building setbacks for buildings within the B-3, Highway .
Commercial District are as follows:
B-3 District Lot and Setback Requ Proposed Compliant?
Reauirements ired
Lot Area None 83,032 square feet Yes
Lot Width 100 feet 480 feet Yes
Yes
Setbacks
Front Yard 35 feet 50 feet Yes
Side Yard 20 feet 105 feet Yes
Rear Yard 20 feet 53 feet Yes
Lot Coverage and Height
Maximum Site Coverage 80% 51% Yes
Maximum Height 35 feet 25 feet Yes
The proposal conforms with the minimum lot, setback, coverage, and height requirements of the
district.
Parking. The applicant has identified a total of 135 parking stalls within the site area. Below is a
review of the parking requirements for restaurants:
.
38
.
square feet. 4,208/40
Kitchen 1 space per 80 square 21 20
feet. 1,667/80
RetaillGameRoom 1,710/200 9 7
Total Required 135 135
The overall plan meets the City's requirements related to parking stalls. All parking stalls meet the
minimum setback requirements from the curb. The site plan identifies the length of each stall at 20
feet, which meets the minimum requirements of the Zoning Ordinance. All stripped areas shall be
raised and curbed. All other parking requirements related to curbing, drive isles, and handicapped
stall requirements have been met.
Access / Site Circulation / Loading. Access is gained from two entrances off of 60th Street NE.
Each access is measured at 30 feet wide at the property line and thus meets the minimum
requirements of the Albertville Zoning Ordinance. All drive aisles meet the minimum requirements
of the Ordinance. Any work within the MNDOT R/W will require a permit from MNDOT. Staffhas
discussed requiring the developer to upgrade the existing roadway from CSAH 37 to the western
edge of the proposed parking lot. Minimum improvements would include reclaiming the existing
roadway, grading for minor widening and constructing a 4" of bituminous surfacing with aggregate
shoulders. Staffhas also discussed the possibility of vacating 60th Street NE and working with the
developer on the relocation of the existing park and ride located directly west of the site.
.
There is no loading area identified within the site so parking stalls will be used as loading areas to
accommodate deliveries. It is anticipated that deliveries will occur within the southwestern portion of
the building. Because most deliveries will occur during the morning prior to normal business hours, it
is not anticipated that these deliveries will disrupt the overall traffic or circulation plan of the site.
Therefore, the overall access and circulation plan is acceptable.
Grading, Drainage, and Utilities. Below are preliminary comments based upon the submitted
grading plan:
The use of the open area between the proposed parking and the proposed pond is unclear as is the
apparent curb stub out from the parking lot to this area.
Municipal Sanitary Sewer:
There is not a public gravity sewer line adjacent to this site and a 6" pvc service is shown stubbed out
to 60th Street. According to the as-built Sanitary Sewer map for Albertville, there is a 10" sanitary
force main adjacent to 60th Street but a gravity sewer service line cannot connect to this pressure
line. The nearest location of public gravity sewer is south of the railroad tracks near the north
terminus of Lachman Ave. where there is a City Sewer Lift Station. Depths would need to be verified
for a service connection at the lift station. Also, there would need to be an agreement with BNSF
Railroad to place a sewer service line through their property and possibly a private easement through
the private property that lies between the railroad and the lift station.
. Municipal Water Main:
39
A 6" DIP water service line is shown stubbed to the south where there is no public water line. There
is a 16" watermain running along the north side of the site. In addition, there are no hydrants or .
valves shown on the plan. One hundred percent of the costs associated with the development and
upgrading the watermain and sanitary sewer should be borne by the developer.
Building Plan Review. The proposed building is 8,550 square feet and includes a lounge, dinning
room, game room, retail space, and kitchen. The building will have 6 exits with the main vestibule
entrance on the eastern side of the building.
The applicant is proposing colored pre cast panels, face brick, glass block and stoned faced block for
the exterior finishes. Upon review of other Space Alien restaurants in other communities, these types
of restaurants are multi-colored with an array of bright colors and color schemes. The applicant has
provided a color rendering of the building, however, the rendering does not show all dimensions of
the building. The color rendering will be subject to the review and approval of the City.
Landscaping. The applicant has submitted a landscaping plan for review. As a condition of
approval, the applicant will be required to provide a hedge line of at least 3 feet in height along the
eastern portion of the site (along C.S.A.H. 37) to ensure that headlights do not deflected onto the
County Road. The planting species and quantity of each planting should be provided within the plan.
As a condition of approval, the applicant will be required to meet the minimum planting size
requirements as found within Section 1007. (d) of the Ordinance. This shall include shade trees to be
a minimum of 2 inches in diameter, evergreens to be a minimum of 3-4 feet tall, tall shrubs to be
minimum of 3-4 feet, and low shrubs to be a minimum of 24-30 inches.
The areas striped on the site plan shall be raised parking lot islands that will include parking lot .
landscaping. All landscaping areas, including the parking lot islands, shall be irrigated.
Lighting. All exterior light fixtures must be 90 degree cut off lighting. Pole height is limited to 20
feet. The applicant's plan meets these standards. A photometric plan has been provided that
demonstrates the extent of lighting across the entire site. Lighting will be located around the
perimeter of the parking area and drive aisles. Lighting does not appear to exceed 1 foot candle at the
street center line but does appear to exceed .4 foot candles along the eastern property line. Section
1000.10 of the Zoning Ordinance addresses lighting and glare and should be addressed fully.
Signage. The applicant has provide plans for a pylon sign however, the location of the sign is not
identified within the site plan. The pylon sign will be 30 feet tall with a total of 179.7 square feet per
face. According to the Ordinance, the total area of such sign shall be based upon the lot width where
the sign is to be placed. For each 100 lineal feet of width, 60 feet of signage shall be permitted.
Based upon the lot width, the applicant is allowed a total of 174 square feet of signage. As a
condition of approval, the applicant will be required to reduce the pylon sign by a total of5.7 square
feet to be in compliance with the Sign Ordinance. Prior to approving the sign, the applicant will be
required to identify the location of the sign.
A wall-mounted sign is also proposed along the front elevation of a total of 80.28 however; additional
details with regard to color, lighting, and lettering will be required. A comprehensive signage plan
will be a condition of approval. Additional information pertaining to the size, lighting, and locations
of other signage will be required. .
40
.
Trash Enclosure. The applicant has identified a trash enclosure area to be located on the
southwestern side of the building. The trash enclosure will be constructed of stone sill and face brick
to match the restaurant. The applicant has identified the side elevation of the trash enclosure. As a
condition of approval the applicant will be required to submit additional details including the gate and
front elevation of the trash enclosure. All trash enclosures should be constructed of material that is
similar to the primary retail building. Additional landscaping must be provided around all trash
enclosure.
CONCLUSION
Staff have reviewed the site and building plan and find that the proposed building meeting the
requirements of the Zoning Ordinance. If the Planning Commission recommends and the City
Council approves the request, our office would recommend that approval is based upon the following
recommendations:
Preliminary Plat and Final Plat
1. No building permit shall be issued for any structure on the parcel ofland, which is described, by
metes and bounds until a plat describing such parcel of land is filed with the Wright County
Recorder's Office and proof thereof is furnished to the City.
2. The utility and drainage easements shall be identified on the preliminary plat and shall be subject
to the review and approval of the City Engineer.
. 3. The applicant shall provide final plat documents for recording.
4. The applicant shall be required to meet the park dedication requirements of the Ordinance at the
time of final plat.
Site and Building Plan Review
1. The grading, drainage, and utility plan shall be subject to the review and approval of the City
Engineer's comments dated July 6,2005. 100 % of the costs associated with the development and
upgrading the watermain and sanitary sewer should be borne by the developer.
2. The applicant shall submit color renderings for all dimensions of the building for review. The
overall building design shall be subject to the review and approval of the City.
3. The overall building design shall be subject to the review and approval of the City.
4. The applicant shall provide to the City a narrative description of the anticipated hours of
deliveries for the restaurant. If deliveries occur during restaurant business hours a separate
loading area shall be required for the site.
.
5. The applicant shall revise the landscaping plan to include the quantities and species of all
plantings. An irrigation plan and the type of ground cover proposed within the entire area shall
also be provided. The striped areas of the parking lot shall be raised landscaped islands.
41
6. The applicant shall submit a comprehensive sign plan as well as the location of all signage for the
site for review and approval by the City.
7. The applicant shall be required to reduce the pylon sign face by a total of5.7 square feet to be in
compliance with the Sign Ordinance.
8. The applicant shall submit details of the trash enclosure for review and approval by the City.
9. Additional comments from the Planning Commission, City Council, or City Staff.
pc: Bridget Miller
Jon Sutherland
Mike Couri
Mark Kasma
Thomas P. O'Brien Box 284 St. Cloud, MN 56302
.
.
.
42
EaOL... TOI'J 8.. ~==f'J 1<, Ir--JC.
Consulting Engineers & Surveyors
2638 Shadow Lane, Suite 200 · Chaska. MN 55318
Phone (952) 448-8838 · FAX (952) 448-8805
.
.
luly 6, 2005
Mr. Al B~ Albertville City Planner
NAC
4800 Olson Memorial Highway, Suite 202
Golden Valley. MN 55422
Re: Space Aliens Grill 4: BIr - Site Plan Review
City of AIbettviUe
BMI Project No.. TlS.21708
Dear ~
'Ibefollowing SUI11.DU'izos our CC>M~ oa the above ICfereacedprojcct. This letter supm:edes
ourpJ'CVious e-mail to you da1ed. Wednesday, JuDe '-, 200S.
lleneral
The PrelimiD8ry Oradin&: and utility PIm that wu e-mailed to us is very preJiminar:y. While the
proposed grading BptJC8lS to be ~ to coDect d\e 0JHitc drainage, pipe siD:s _
preliminary drainBge calculations need. 10 be providcld II) ~ne the adequacy of1he heecn"
pond and storm sewer system.
WIthout baviDg a Site PlaIa. it is difticuIt to ddermiDe where and how truck deliveries will be
made aM if tile on-site eurbiDg and drivins lanes are adc:quate&y sized.
Any wort within the Wright County or BNSF Railroadrigh1-of-way will require . permit.
Staffbas diSCWlSed requiring the developer to upgrade the oxi_1OIdway :Iiom CSAH 3710
the westem edge of1be proposed parking lot. Minimum impn:tvemems would iDclurde reclaiming
(milling In..pJace) the existing roadway. .gradiDg for minor widening and eonstroctiDg 4" of
bituminous !JUl'fucing with aggregate aboulders. We ~tbat the reclaim project be
completed by 1he City 10 help ensure the impmv~ meet 8CCeJ*bIe CitySCaDdards.
Staff'bIs abo discussed the possibility ofvacatina601I1 Street NBand working with the developer
on the relocation of the exisdog perk aDd ride Jocaced directly west of the site.
Sao.i&a(y Sevier
There is not a ~ic gravity sewer line adjacent to this site, and1he plans show a q- PVC service
stubbed out to 61.'1' Street. Acoording to the ..built Sanitary Sewer map for A.1bertwilIe. there is
MANKAfO. MN · fAlRMONT. MN · SlEEPY EY~ MN . BU'RNSVtll.E. MN. WlllMAR. "-AN .
OfASKA. MN M~ · AMES.IA EXHIBIT. A.t
AnEqutlO 33-~
43
a 10'" sanitary force main adjacent to ~. Street. A gravity sewer service liDe cmmot connect to I
this pressure line. The.ncateSt locatioo of public gravity sewer is southoftbo railroat tracks near
cbenorth terminus of Lachman Avenue wherethete is a City Sewer Lift Station.
The City's Record Drawings for this Lift Station identify that it 'MRJId be possible to CODStruet a
gravity sanitary sewer. service Iiom thelia station to the proposed site. Key consicIeratiCIIS
include a l00..120~ casing (26" diameter) beaea1h the BNSFRailmad. Approximately 275.0(8"
PVC (IS' depth), two (2) manholes (15' deep) and an II' deep inside drop section would be
required to tie intO the existing lift station. I recommcmd.1tJat this sanitary sewer coastructioabe:
B public improwment.
.
Watermain
A 6" DIP water service line is shown stubbed to the south where there currently is DO public
waIellinc. lbere is a 16ft waaennain running aJOI1Ib DOI1h side ofd1e site. In addi1ion. there
are no hydnmts or valves shown on the plan. Wa1I:r acrvice IIIId sprinkler senice will baveto be
extended from the City's 16" watennain.
When a more complete plan is povided, B more tboroogh review wiD be compIfltecL
SAC andW AC charges were provided to Larry KnJse in my Idtetd8led May 27,200S.Pleue
caU me at 612-817-2446 if you have any questions..
SiDcereIy.
Mid D.K.asma, P .E.
Albertville City Engineer
.
Cc: Larry Ksuse, City AdminiSlndor
Mike Couri. City Attorney
34
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CITY OF ALBERTVILLE
DEVELOPERS AGREEMENT
LCIESTATES
THIS AGREEMENT, entered into this day of , 2005 by and between
Thomas P. O'Brien, referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of
Wright, State of Minnesota, hereinafter referred to as "City";
WITNESSET~:
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 "LCI Estates" and shall hereinafter
be referred to in its entirety as "Said Plat" or "Subject Property"; and
WHEREAS, Developer has received final plat approval for 1 lot within Said Plat; 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 in the attached Exhibit B and the conditions imposed thereon; and
WHEREAS, the City has given preliminary and final plat approval to 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 (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 paved private streets, 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. 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 LCI Estates, as prepared by RHA
Architect's Inc. dated , 2005 and on file with the City Clerk, said
improvements to include installation of sanitary and storm sewers, street, and ponding.
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, 2006, with the
49
wear course of bituminous pavement on City streets to be installed during the
construction season following the installation of the base course.
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.
2. 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, 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 attached as Exhibit C. 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, 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 parking lots for Lot 1 may be constructed when
a building is constructed on such respective lot.
B. Developer shall, at its own expense, cause the following items to be installed within the
development, all such items to be installed under ground, within the street right of way or
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:
1. Electrical power supply, to be provided by Xcel Energy or other such carrier;
11. Natural gas supply, to be provided by Reliant Energy or other such carrier;
111.
Telephone service, to be provided by SprintlUnited Telephone Company or other
such carrier;
IV. Cable TV service, to be provided by a local carrier;
.
.
.
50
.
.
.
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 has submitted a utility plan for Said Plat showing all existing and proposed
utility lines and easements, attached hereto and incorporated herein as Exhibit D.
Developer agrees to have all utilities installed according to this Exhibit D.
D.
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 abide by the
City Engineer's requirements for silt fencing of the lots and access to the lots during
building construction.
E.
Developer has submitted a lighting plan for Said Plat showing all existing and proposed
lights. All light poles and exterior lights will be a 90 degree full cut-off. The lights shall
be in substantially the same location, configuration and material as shown on attached
Exhibit E.
F.
Developer has submitted a signage plan for Said Plat showing all existing and proposed
signs. All signs shall have white lettering with a dark background. All signs shall be in
substantially the same location, configuration, height and material as shown on attached
Exhibit F.
G.
Developer has submitted a signage plan for the Permanent Free Standing Business Sign
showing dimensions, general design and materials of said sign. Said sign shall be in
substantially the same dimensions, general design and materials as shown on attached
Exhibit F.
H. Developer has submitted a grading plan for Said Plat attached as Exhibit H. Developer
shall implement the grading plan in a manner that will minimize soil erosion.
I. 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 temporary certificate of occupancy
shall 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 30th following the issuance of the occupancy permit.
3. Access. Access to Said Plat will occur off two locations of 60th Street North East both of which
shall be in substantially the same location, size and orientation as shown in Exhibit B.
4. Surety Requirements.
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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), 100% of the on and off-site improvements
related to streets, ($73,000.00), and 150% of the estimated cost for landscaping/screening
materials ($ .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 payor reimburse the City in total as
required herein, the Developer agrees that upon being billed by the City, Developer will
pay within thirty (30) days of the mailing of said billing, the said deficient amount. If
there should be an overage in the amount of utilized security, the City will, upon making
said determination, refund to the Developer any monies which the City has in its
possession which are in excess of the actual costs of the project as paid by the City.
.
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
.
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.
.
.
such decisions shall be at the discretion of the City Council. The City's cost for
processing reduction request(s) shall be billed to the Developer. Such cost shall be paid
to the City within thirty (30) days of the date of mailing of the billing.
B.
The Developer may request of the City a reduction or release of any surety as follows:
1. When another acceptable letter of credit or surety is furnished to the City to
replace a prior letter of credit or surety.
11. When all or a portion of the Municipal Improvements or the on- and off-site
improvements have been installed, the letter of credit or surety may be reduced
by the dollar amount attributable to that portion of improvements so installed,
except that the City shall retain the letter of credit or surety in the amount of 10%
of the estimated construction price of the Municipal Improvements during the
first year of the warranty period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the warranty period.
Developer may substitute a warranty bond acceptable to the City Attorney for the
warranty letter of credit in the same amounts and duration as required for the
warranty letter of credit.
111. As to all requests brought under this paragraph, the City Council shall have
complete discretion whether to reduce or not to reduce said letter of credit or
surety.
C. The costs incurred by the City in processing any reduction request shall be billed to the
Developer and paid to the City within thirty (30) days of billing.
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 in this paragraph.
7.
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,
53
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. 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 1.90 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 $4,940.00 ($2,660.00 in
sewer fees calculated as $1,400.00 x 1.90 acres and $2,280.00 in water fees calculated as
$1,200.00 x 1.90acres).
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 set forth in the
attached Exhibit 1. 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 Durine 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
54
.
.
.
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.
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. Miscellaneous.
A. Developer agrees that all construction items required under this Agreement are items for
which Developer is responsible for completing and all work shall be done at Developer's
expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract
is for any reason held invalid by a Court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of this Contract.
C. Ifbuilding permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in delays in
completion of public improvements and damage to public improvements caused by the
City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third
parties.
D.
The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Contract shall not be a waiver or
release.
E. This Contract shall run with the land and shall be recorded against the title to the
property.
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 F ederallaw or regulations.
55
L
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 1 DO-year flood level of any adjacent water body or
wetland. If sufficient data on high water levels is not available, the elevation of the line
of permanent aquatic vegetation shall be used as the estimated high water elevation.
When fill is required to meet this elevation, the fill shall be allowed to stabilize and
construction shall not begin until the 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.
Developer shall construct at Developer's expense any improvements to Wright County
State Aid Highway No. 37 as may be required by the Wright County Highway
Department as a condition of plat approval.
.
14. Draw on Expiring Letter of Credit.
In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by
its terms may become null and void prior to the time at which all monetary or other obligations
of the Developer are paid or completed, it is agreed that the Developer shall provide the City
with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days
prior to the expiration of the expiring letter of credit. If a new letter of credit is not received as
required above, the City may declare a default in the terms of this Agreement and thence draw in
part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of
surety for the continued obligation. The form of said irrevocable letter of credit must be
approved by the City Attorney prior to its issuance.
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
.
56
.
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 Agreement shall not apply to any acts or rights of the City under
paragraph 14 (F), 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.
Breach of any of the terms of this Contract by the Developer shall be grounds for denial
of building permits.
. 16. Dedications to the City.
17.
.
D.
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.
Upon acceptance of dedication, Developer shall provide to the City "As-Builts" of all
sewers, water mains, and roads. 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 $14,250.00 in satisfaction of
the City's park and trail dedication requirements. This charge is calculated as follows:
1.90 acres x $7,500 per acre = $14,250.00. Developer shall pay this amount prior to
the release of the final plat by the City.
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,
57
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 payor 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.
20. 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.
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.
23. 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.
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:
58
.
.
.
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Telephone:
Fax:
25. 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
[DEVELOPER]
By
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.
59
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
20M, by as
day of
of
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
.
.
.
60
.
.
.
EXHmIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies is as follows:
Lot 1, Block 1
All said property is located in the plat ofLCI Estates, City of Albertville, County of Wright,
Minnesota.
61
EXHmIT B
Site Plan
EXHmlT C
Landscape Plan
EXHmIT D
Sanitary Sewer, Water Main, Storm Sewer and Street Plan
EXHmIT E
Lighting Plan
EXHmIT F
Signage Plan
EXHmIT G
Permanent Free Standing Business Sign Plan
EXHIBIT H
Grading Plan
EXHmIT I
.
.
Erosion Plan
.
62
.
.
.
CITY OF ALBERTVILLE
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO. 2005-04
AN ORDINANCE AMENDING THE ZONING MAP OF A
CERTAIN PROPERTY WITHIN THE CITY OF ALBERTVILLE
FROM R-l, RESIDENTIAL SINGLE FAMILY DISTRICT
TO B-2, LIMITED BUSINESS DISTRICT
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE MINNESOTA ORDAINS:
Section 1.
The Zoning Map is hereby amended as follows:
That property legally described as Lot I, Block I, Koopman Addition shall be rezoned from
R-I, Residential Single Family District to B-2, Limited Business District.
Section 2. This amendment shall be in full force and effect immediately following its
passage and publication.
Adopted by the City Council of Albertville this 1st day of August 2005.
CITY OF ALBERTVILLE
Don Peterson, Mayor
ATTEST:
Bridget Miller, City Clerk
63
.
.
.
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2005-28
RESOLUTION FOR GENTLE DENTAL
IT IS RESOLVED that the City of Albertville enter into the Findings of Fact and
Decision for the following purposes:
CITY OF ALBERTVILLE
City Council
Findings of Fact
& Decision
Gentle Dental
Preliminary Plat Koopman Addition
Final Plat Koopman Addition
Site and Building Plan Review
Rezoning from R-l to B-2
Applicant's Name: Miller Architects and Builders Inc.
Request: Miller Architects and Builders Inc. has submitted a request to construct a 3,127 square
foot dental clinic building at 11090 50th Street NE. The request involves approval of the following
applications:
1. Rezoning from R-l to B-2.
2. Preliminary Plat/Final Plat
2. Site and Building Plan Approval
Planning Commission Public Hearing Date:
July 12, 2005
City Council Meeting Date: August 1, 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 legally description of the subject property is Lot 1, Block 1, Koopman Addition.
B. The planning report dated July 7, 2005 from Northwest Associated Consultants as well
as the City Engineer's letter dated July 6, 2005 from Bolton and Menk are
incorporated herein.
C. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
65
A. Traffic generated by the proposed use is within capabilities of streets serving the .
property as proposed.
1. The requirements of the Albertville Zoning Ordinance have been reviewed in
relation to proposed plans.
2. 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.
3. The proposed development will be compatible with present and future land uses of
the area.
4. The proposed use conforms to all applicable Zoning Ordinance performance
standards.
5. The proposed use will not tend to or actually depreciate the area in which it is
proposed.
6. Upon review of the application and hearing of public testimony at their July 12,
2005 meeting, the Planning Commission recommended approval ofthe applicant's
request for preliminary plat and fmal plat and site and building plan review.
Decision: Based on the foregoing information and applicable ordinances, the City Council
APPROVES the Preliminary Plat, Final Plat, and site and building plan review based on the most
current plans and information received to date subject to the following conditions:
.
Preliminary Plat and Final Plat. Approval of the preliminary plat by the Planning Commission
and City Council should be subject to the following requirements:
1. Ten foot drainage and utility easements shall be required along each lot line.
2. Utility easements over the utility lines entering the site shall be required. The City Engineer
shall determine the easement width.
3. If and when a frontage road is constructed between 53rd and 50th Street, west of the subject
site, the applicant's site access shall be removed from 50th Street and relocated onto the new
frontage road near its north property line. This access relocation shall not be required if the
frontage road does not have full access to 50th Street.
4. A 20-foot wide access easement shall be established along the north lot line to provide future
frontage road access to the property to the east. Access to this easement shall be provided in
exchange for a shared access easement across the adjoining parcel to the east.
5.
The applicant shall pay parkland dedication of $1 ,500 per acre (.38 acre X $7,500 = $2,840).
.
6. The final plat shall be recorded prior to issuance of a building permit.
66
. Site and Building Plan
1. The 12-inch sanitary sewer line shall be extended to the western property line at minimum
grade.
2. Water main shall be extended from the existing 16 inch water main in the boulevard.
3. Subject to the recommendations of the Fire Inspector.
4. A culvert is required at the new site entrance subject to the approval of the City Engineer.
5. Addition of shade trees along the east property line north of the building will reduce the foot-
candle exceeding the maximum.
6. The number of under story shrubs along the west edge of the parking shall be increased to
form a continuous hedge to screen parking along the future frontage road.
Adopted by the Albertville City Council this 1st day of August 2005.
.
Don Peterson, Mayor
Bridget Miller, City Clerk
.
67
.
.
.
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
PLANNING REPORT
TO:
FROM:
DATE:
RE:
FILE NO:
Larry Kruse, City Administrator
Cassie Schumacher-Georgopoulos/Alan Brixius
July 7, 2005
Albertville - Gentle Dental Clinic Rezoning, Preliminary Plat,
Final Plat, and Site and Building Plan Review
163.06 - 05.21
BACKGROUND:
In May of 2005, Miller Architects and Builders, Inc submitted a request for a Site and Building Plan
Review, Preliminary Plat, Final Plat and Rezoning of the property located at 11090 50th Street NE.
Revised plans for the application were received on June 27,2005. The property is currently in a
residential district and the applicant is proposing to have it rezoned to B-2 Limited Commercial use.
The site consists of approximately 0.4 acres of land and is 110 feet wide by 157 feet deep.
The property is currently zoned R-l, Single Family, and has one single-family structure on site. The
applicant and owner have applied to have the property rezoned to B-2, Limited Business, to allow for
a dental clinic.
Review of the Albertville Zoning Map show that the property is bordered by a B-2 District to its west
side. Allowing the extension of the B-2 District would make the current B-2 District wider along 50th
Street, which is a major collector street in the area.
Attached for reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Review of Fire Department Access
Site Survey
Preliminary Plat
Final Plat
Site Plan and Landscape Plan
Building Elevations and Floor Plans
69
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Proposed Parking Lights
Grading, Drainage and Utility Plan
Stormwater Calculations
Photometric Plan
Engineers Report
.
ISSUES ANALYSIS
Comprehensive Plan and Rezoning. The applicant is proposing to allow the lot at 11090 50th
Street NE to be rezoned from R-l to B-2. The surrounding land uses of the property are B-2 to the
west and R-l to the east, across the street from the property is the area high school. An amendment
to the City's Zoning Map will be subject to the following according to Section 300.1.f of the Zoning
Ordinance:
1. The proposed action has been considered in relation to the specific policies and provisions of and
has been found to be consistent with the official City Comprehensive Plan.
Comment: The proposal to change from an R-l district to a B-2 district is consistent with the
Comprehensive Plan since the property is bordered on the west by a current B-2 zone. In review
of the site plan, the city shall attempt to integrate the site into its long-range land use and
transportation goals.
2. The proposed use is or will be compatible with present and future land uses of the area.
Comment: Since the proposed dental clinic is a low intensity commercial use it is compatible
with the existing single-family lot to the east. In the future the existing residential unit may also
propose to become a B-2 District as well. The site fronts along a major collector street making it
an ideal place to develop a commercial area. The site design must recognize the remaining single
family home and mitigate potential nuisance issues (i.e. noise, glare, etc)
.
3. The proposed use conforms to all performance standards contained herein.
Comment: Conformity with zoning standards shall be outlined in site plan review comments of
this report.
4. The proposed use will not tend to or actually depreciate the area in which it is proposed.
Comment: The building design and proposed use are compatible with the areas uses.
5. The proposed use can be accommodated with existing public services will not overburden the
City's service capacity.
Comment: Public services already extend to the site and will not overburden the City's capacity.
6. Traffic generation by the proposed use is within capabilities of streets serving the property.
Comment: Minor traffic will occur to and from the site. The site sits on the comer of two busy
roads currently.
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The current two single-family lots are isolated from other residential developments in the city. A
change in the land use of the proposed lot would widen the area of the B-2 zone, making a more
continuous pattern of the zoned area and would fit in with the larger context of the area. A remaining
single family home exists to the east between the proposed site and the joint power and water plant.
The remaining single-family lot may in the future also be considered for rezoning because of its
location between the B-2 district and the power and water plant, which is commercial in nature.
In considering the proposed land use change and rezoning, a policy decision has to be made by the
Council and Planning Commission as to whether this land use change is appropriate for the overall
area. In light of the aforementioned conditions, we believe that a low intensity commercial use could
exist in the area.
PreliminarylFinal Plat. The applicant is proposing to have the current lot at 11090 50th Street
NE be re-platted in order to be rezoned from R-l to B-2 (Exhibit C). The re-plat would allow for the
lot to be converted into a dental clinic. The lot meets the minimum standards set for the B-2 Zoning
District. The preliminary plat is subject to the Metes and Bounds requirement in Section A-900.2 of
the Zoning Ordinance:
No building permit shall be issued for any structure on any parcel ofland less than five (5) acres in
area or having a width less than three hundred (300) feet on an improved public street, at a building
setback line which is described by metes and bounds until a plat describing such parcel ofland has
been filed with Wright County Recorder's Office and proof thereof is furnished to the City.
. Comment: Single lot plat meets the B-2 Districts minimum requirements.
Approval of the preliminary/final plat must be conditioned on the following items:
1. Ten foot drainage and utility easements shall be required along each lot line.
2. Utility easements over the utility lines entering the site shall be required. The City Engineer shall
determine the easement width.
The applicant has submitted all requirements for the preliminary/final plat, and the plat fits all
conditions (Exhibit D).
Site and Building Plan Review
Lot Area. The proposed site fits within the required minimum of 10,000 square feet for a B-2
District.
Setbacks. Within the B-2 Zoning District, the following setbacks are required:
.
Setback From 50th Street NE
Side Yard Interior
Rear Yard
35 feet
10 feet
20 feet
The preliminary site plan shows that all required B-2 building setbacks have been met.
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Building Orientation. The previous report showed parking and building orientation to face onto the .
residential property to the east. Staff felt that careful consideration needed to be taken with this
remaining property, and the proposed orientation would have a negative impact to the single-family
use. Two alternatives were given to make the proposed use more compatible with the existing use;
those options are as follows:
1. The building could rotate 180 degrees to face the west instead of the current arrangement
facing the east. All parking would then occur on the west side of the building as well.
This layout would move all parking activities away from the property line of the single-
family use and the building would act as a buffer.
According to the Comprehensive Plan dated 2000, a frontage road running parallel to CR19 is
proposed to run adjacent to the west end of the property and intersect with 50th Street NE.
Consideration should be taken to allow for access from the property to intersect with the proposed
roadway and perhaps this would be the access into the site.
2. The access drive could be shifted to the fareast side of the property and the parking rotated to face
into the building instead of into the single-family lot. The parking and the lighting would be lined
up against the entrance of the building allowing the activity to move into the building rather than
toward the existing single-family house. A full landscape buffer of at least four feet in height will
still be required along the property line to protect the residential property.
If the applicant chooses to alter the site plans to specification of Alternative 2 then consideration
should be taken for a shared Access Easement of twenty (20) feet to be allowed on the two
properties. The easement would allow for an easy transition of the remaining single-family lot
to become a commercial district and share a driveway with the proposed lot.
.
The applicant chose Alternative 1, to rotate the building 180 degrees to face west and be pushed
to the far east side yard setback. The parking will then occur on the west side of the building.
Access to parking lot will still be from 50th Street NE; however, the access must be moved to the
frontage road proposed to run along the west side of the property, parallel to CR19. Once this
new access is established, access from 50th Street NE must be removed. This revised plan is
cognizant of the remaining single family resident.
Parking. Examination of the City's Off-Street Parking Requirements, the following standards apply
to Gentle Dental. According to the Albertville Zoning Ordinance, office buildings are require to
provide one space per 200 square feet of office space, plus three additional stalls. The City of
Albertville allow for the gross floor area to be reduce by 10 percent. Gentle Dental is proposing a
building of3,127 square feet (3127*.9=2814), requiring a total of 17 parking stalls
(3,127* .9=2,814/200+3= 17). The site plan fits the requirements for parking. The relocation of the
site access may result in the future loss of two parking stalls; however, the change in access out
weighs the loss of the parking stalls.
Parking Stall Dimensions. The revised parking lot shows dimensions of the parking stall at 20' x 9'
with a 22' approach, which meet the requirement of the City Ordinance. .
The Fire Code Inspector has reviewed the preliminary concept plan and has determined the turning
radius and access road layout is in compliance with the Minnesota State Fire Code (MSFC). There
72
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will need to be po stings of "No Parking Fire Lane" along 50th Street NE (both sides) and the curbed
areas along the main entrance of the building (Exhibit A).
Landscape Plan. The provided landscape plan shows adequate landscaping around the building and
sign. The revised plan shows improved screening of the parking lot and building from the single-
family lot. Under story shrubs along the west edge of the parking lot should be extended to form a
continuous hedge under the shade trees to screen activity along the future frontage road. On the north
side of the building shade trees shall be added to the landscape to screen lighting of the trash
enclosure and parking lot from the single-family home to the east.
GradinglDrainage and Utility Plan. A waiting revised grading/drainage and utility plan from
applicant reflecting the new location of the building and parking lot facing west. The City Engineer
has made comments based on the original plans, and made the following recommendations:
1. The 12" sanitary sewer mainline shall be extended to the westerly property line
at minimum grade. Water service shall be accomplished by extending a service from the
existing 16" watermain located in the boulevard.
2. The existIng well located on the site be abandoned.
3. A culvert may be required at the new entrance location, and shall be
discussed with the owner's Civil Engineer.
Further comments from the City's Engineer shall be reviewed once a final grading/drainage and
utility plan have been submitted.
The Fire Code Inspector needs to verify that the actual water supply is able to support the minimum
fire flow of 1750 gpm at 20 psi required by the MSFC and that the water supply is adequate for
automatic sprinklers if they will be provided.
A proposal for an irrigation system is required by the Zoning Ordinance as part of the Special
Landscape Requirements of the B-2 District. Under a condition of approval an irrigation plan is
required.
Snow Storage. Snow storage is specified to be in the open area north of the building.
Trash Enclosures. One trash enclosure is shown on the north side of the proposed building. The
trash enclosure is shown on the elevation drawings as being a cultured stone veneer, which will
match the veneer on the building.
Lighting. The applicant has shown the location for lighting on the proposed site plan and included a
pamphlet of the proposed light fixtures (Exhibit G). The lights proposed are square cut-off lights on
15 feet poles. All lighting is hooded with a 90-degree cut-off directed to not be visible to the public
right-of-way.
A photometric plan has been submitted. The plan is consistent with the City's requirements in all
areas except one space along the shared property line on the east, where the candle is 0.5 instead of
required maximum 0.4. Planting shade trees along the northeast property line will bring the foot-
candle into compliance.
73
Building Design. The design of the building is of a residential character to blend with the nature of .
the area. The exterior materials include stucco with 4.5 feet of cultured stone veneer surrounding the
foundation of the building, and fiber cement trim. The roofwill have asphalt shingles. Color
elevation should be made available for the city review.
Signage. The location of the clinic sign will be at the front southwest comer of the building (Exhibit
E &F). The sign is constructed of the same stucco and cultured stone veneer as the building.
Dimensions of the sign are 8.3 feet high by 6 feet high. Plans show no illumination of the sign. The
proposed sign fits all standards of the Permitted Business Sign section of the Albertville Sign
Ordinance. No wall signage has been proposed according to the current plans.
RECOMMENDATION
Rezoning. The applicant's request to rezone the area from R-l to B-2 is a policy decision. The
change in land use fits with the zoned nature ofthe area to the north and west of the property. In
considering the land use and zoning change, we must also evaluate the future use of the single-family
lot located immediately east of the property. The existing two single-family lots are isolated from
other single-family structures of the city. Rezoning the proposed property does offer a compatible
land use relationship with the surrounding area. The Planning Commission and Council must make a
determination as to whether they agree with this finding that the area should be rezoned from R-l to
B-2.
Preliminary/Final Plat. If the City deems that the change in land use and zoning appropriate for .
the Koopman Addition of Gentle Dental, then the preliminary plat is open for review and
consideration. Approval of the preliminary plat by the Planning Commission and Council should be
subject to the following requirements:
1. Ten foot drainage and utility easements shall be required along each lot line.
2. Utility easements over the utility lines entering the site shall be required. The City Engineer
shall determine the easement width.
3. A new access drive will occur off ofthe future frontage road, removing access from 50th Street
NE. At the time of construction for the new access along the frontage road, a reduction of in the
number of required parking spaces will be approved.
Upon approval of the preliminary plat, the Planning Commission and Council must review the final
plat for approval. Staff recommends approval of the final plat.
Site and Building Review. Staff recommends approval upon the following conditions being met:
1. The submittal and review of the revised grading and drainage plan, and the utility plan. The new
plans shall meet the recommendation set forth by the City Engineer
2. Addition of shade trees to the northeast property line will reduce the foot-candle exceeding the .
maxImum.
74
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.
.
3. The number of under story shrubs along the west edge of the parking lot shall be increased to
form a continuous hedge to screen activity along the future frontage road.
The applicant is requesting changes in zoning and land use of the proposed property; consideration
must still be taken for the existing single-family property to the east. Before approval of the
application can be made the Planning Commission must receive the grading/drainage plan, and the
utility plan.
If the aforementioned missing plans are agreeable and other required alterations are made, staff
recommends approval of the Gentle Dental application.
c. Bridget Miller
Jon Sutherland
Mike Couri
Mark Kasma
Dr, Jill and Greg Koopman, 1542 Hansack Ave NE, St Michael, MN 55376
Miller Architects & Builders, Inc., 3335 West St Germain St, St Cloud, MN 56301
75
,. "" II
.
.
rill ~~....,.
~"" · CIdiII*.""-
8.860 Jdfenon Iiipay
Oueo. MN S5369~1500
Phone. 16g-425-1001
Fa. 16s~+a5~U:34
W'WW. ff'edt.com
Futrell Fire
eo,.,.". & Drsip. IRe.
May 27,. 2005
Jon Suthertand
BUlding Official
City 01 Albertville
5975 Main AWIflue NE
P.O. Box 9
Albertville, UN 55301-9976
Re; I\8YI8W of Fire DeoarIDent A~ au Water SUDDltH
A Gentle Dental CInic BuId~
11090 rd' Strvet HE
AIbertvIJe. MN
Dear Jon:
I have reviewed site plans for the propoeed A Gentle Dental Clinic Bulking on 50"
SI..t NE (County Road 18) that were provided by the City of Albertville. The project
.ppears to consist of a Iwo level (basement and main level) wood frame building
totaling approximatety 4,453 toIaI square feet. This report de18i1s my nMew of these
plans to determine if they 818 ....eonably In oompIInce with the 2003 Minneeota Stale
Fire Code for Fire Service Featwes found In Chapter 5 of the File Code. Futrel Fire
Consult and Design Inc. (FFCOO Is Involved in the review of these planl based on your
cfty"s contract wiIh U$ to provide plan reView.......... Any a:mnenls In this. review
should be con$idered recammend8tions for your conskteration, since FFCDlIis not the
Authority Having Jurisdiction for fire protection issuu in the CIty of Al,bertville, nor is
FFCDI the engineer or designer of record for this project.
The scope of this review I8Imited to the tire aeMcefeatUI'88 and reIaIed lie water
supply for firelighting purposes., Any opinion of complillnce should In no W8'f be
construed 88 approval or acceptance of the plana submllled by tms developer until they
have received approval from the City of Albertville. This letter does not authorize 1I1e
developer to 1)fOO8ed on the project. Finally~lhisrevtew fa bued on evaluallon with the
codes and standards applicable to Minnesota and doe$ not include determfhlng
compUance with provisions in bkf documents, contracts or tnaurance 8Candllrd8.
EXHIBIT A
. A Gentle Denial Clinic Aeons end Water Supply Ptlll" Review M8)l27, 2005
Page 1 of5
77
MATERIALS REVlI;WED
This plan review 18 based onlhe foIIowJng materiata submitted to FFCDI:
· ZonIng Request AppIcation 01. No: 2Q05..11.
· Miler ArohilBds & Builders drawing SO 3.1 dated 5117105 drawing SO 3.2 dated
5113105.
· EIestad Land Services drawing dated 12-20-04.
· EIesIadIBogart, Pederson & AeaocIstes, Inc.. drawing dated 5118105 and Sheels1
and 2 of 2 undated.
Only a lingle set of plans was provided for 18'11ew, theJefoIe this one set VIllI be Nd8Ined
by FFCOI for out files and no seta of plans wll be Nlumed to the dly or.. developer.
It is expected that ... review would need to be modified bued on data. not induded In
the above fist. should at of the relevant matertal not be provided. Infonnation about
specIIc matetiaIs in the form of m&nufacturefa cot ..... or III8ndure were not
provided. thus this review doee not IncIII<Ie anatyeis of any spectftc. product or II
suiblbillyfor use.
STANDARDS USED TO CONDUCT THIS REVIEW
This plan review Is based on the foRowfng standards as adopted In MInnesota:
· Minnesota Stale Fire Code (2003) comprised of the 2000 Intem&tIon8l FIre Code
plus slate amendments CMSFC).
· Minnesota State Fn Code (2003) optional Appendbc Chapters B~ C and D.
ADDIT:tONAL INFORMADON USED TO CONDUCT TtlS REVIEW
The foIkMing fnformatioft was obIained from the slJbmltted ptans and other 8Ouroes 8&
Indicated:
1. Maximum buldlng size: approxfmately 4,453 square feet.
2. Water flow test informatton: None provided.
RESULTS OF PlAN REVEW
The eonstrudIon type and the use occupancy 01 the bulding have not been indicated on
the drawings. to adcIUon, 1M submittal does not bJic&te wtteIher or not this building
win have In aulomatfc sprinkler system. It is assumed that the bulking wII be a Y
occupancy, type V-B construc:tion. Will not have automatic apri1kler eystems, and wi.
have Ire alarm systems In accordance With tbereq....... of... State Bui~ Code
and Minnesota state Fire Code. On that basis thl8 Fe\'iew win IncIil8te the minimum
rtqulrements. in general1 and f and when additional infonna8on becomes available
changes may be neceseary 10 the conclusions In .thf8 ....r.
A GentIa Dental alnlc~ and Water Supply Ptan Review M8)127, 2005
Pege2 of S
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78
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Lid8d below you will ffnd the Itema Included in .. review. I have rndic8ted wh8Iher or
not each Item appears, to comply ..-the proviIio... in the MJnneed8 Slate Fire Code.
the NFPA ...... or other naftoftaIy racognlzed stendarda.
.....1:
1. Fire apparah.m accees I08d8 and water 8uppIee for fire protecIIon shall be installed
and made service8b1e prior to and during the lime of construction (MSFC (2003)
Section SOiA]. r=n department acceea II pmyided by the existing ..... (50th Street
NE)t thus would appqf to be available during consIruction.
2. Premises iderdfftcItion a required .. Jndicated In MSFC (2003) Section 505.
3. T..... building wi require a key (Knox) box located as approved by the rl8 Chief
[MSFC (2003) 8ecIIon 508).
4. Fh Departmeot access 10 equipment and labeling of rooms .. requfNd (MSFC
(2003) Section 510).
Flnt Department Ace._ RoMI8:
5~ Baaed on the current layout. . appears at portions of the IXOPOled building are
wJthtn the maximum 150 feet to an 8ClCe88108d pennIIed by MSFC (2003) SecIion
503.1.1. 50" StreeI HE and fie dINeway/p8rldng lot provide acceu to alf four....
e. DimensIons, consIructiont surface, turning racrlUS. and glBde _aU comply wlIh
MSFC (2003) Sectkm 503.2. Based on MSFC Appendix Ch8rpIer Of a mdionalt/
eecognlzed slandard of good practice, and data appIcabIe to fJpicalfile department
ladder apparatus. we recommend a mlnrmwn 33-foot Ineide tumlng radfus .., 48
foot outside tumlng radIu$ for the a()(ll88$ road around Ihe buIdIngs wheAt fire
department 8C08S$ I'08d8 .... required. along wittI amfnlmtnclear width at 20 feet.
This COUld be larger based on any epedal appIII'8Ius tn your Ire department. It would
appear luming radius and access road layout lain campliancewlh the MSFC.
7. It appears that the minimum dimension (width) of 20 feet is mailfained 0Vt8f' the
length of the appal'8lu$l'OId, Un. Ie allo In complilnce wIh the MSFC. The Fir8
Code rec:ommends that both 8Ide8 oftre apr-atus acceesl'Olds be poISIed ~
ParkinC,. when the net deer widIh Is ... than 28 feet [MSFC (2003) Section
0103.6.1). No permanent <<temporary obslrudlonl (i... d~f boIarde,
paddng, storage, ..) 8J8 allowed to be Ioceted In the feqUlred 20' dearwidlh.
8. The foIowtng podIons of Ihe a.II1'eRt private ~/p8rkIng lot require poating _
-No Parking Fire Lane-: (1) Entnmce from SO" StreetNE (boIh sides). and (2)
curbed a..... along the front or main entranc:e of the bulking.
A oentfe Dental Clnle Acoe. Md Water ~ Pf8n R8YIew MIy 27, 2005
Page30U
79
FI.. DepartmN' W8I8r SapplIM:
9. Fn prolecIfon water requlr8ment8 shall be In acconflnOl WIll MSFC (2003) SeCIon
508 and MSfC Appendix B (I nalionaly .recogniad 1IBndard). For eprtrddered .
Itn.Idlne Ibe minimum h low "required to be 1,500 gpm for two hour8 at I
rnirWnum residual PRlSSure of 20 psig. BaNd on a moImum building 8ize of 4.435
Je, for Type V-B wood frame oonstruction (wo~ IClInMo since consInJction
type his not been prcMded), a mi1Imum ...tow IICCDI'dIng to Table 8106.1 Is 1,750
gpm for 2 hcMn. Again. If sprinIcIeNd. the fire mlelia eIIowed bySeetion 8106.2 to
l8duce the fire flow cb.vn to no ... than 1,500 gpm.
10. Water.1UppIy test data was not provided and W88 not be verified. It is mcornmended
that the detJefoper or design tHm oonftnn wIh the City W.. h hydranIB around
the buildings can provided a combined flow rate of 1,750 gpm at 20 psi f88ldual
P~te fOr a duration of 2 hours.
11. Fire hydrant IooaIfons shall be In accordance 'With MSFC Appendix C (naIIonaHy
I'8OOgntled 1bIndard). The minimum number tit hydranls (one) appears to be
adeq...-." however, only one hydrant II shown 80 the average epadng bet...n
hydt'M18 (SOD feet) cannot be nwIewed.
CONCLUSIONS
TIll. 8UbmfttaI appeaN to be In compIfanoe with the oode8 and standmdlai indicated
foe' Fir8 ServIce FeD.rIea I recommend Ihat the City of Albertville find the submittal
~., pending oompIancre witt the ItemI idenlified below, 8Ubmi88Ion of updIted
plana to the dIy 8nd any subsequent nrA.*. you feel ~ It .. notnet:888ay .
fat the plans to be submilted bad<: toFFCDJ for review given that these iIems al8l1e
primary issues, shoufd you wish to oonfirm IheIr ~:
· Verily the construction type and If 1he building wi have at.Itom8tic fire sprfnMer
8ystems and possibly fie alarms syItems Installed.
· Verify that the actual water IUPPIy is able to support the minimum fire ftowof 1,750
apm building .t 20 pal requil8d by IheMSFC and thatlhe water supply is adequate
for the automatic sprlnldel'l if Ihey will be provided.
· Require posting of.,.. Parkinst areas \Illhe18 fire department .ccesa 1$ leu: than 26
feetwfde (post both UIes) or between 28 feet and 32 feet (pest OM aide)..
ThIs reView is not ner;:ess,arly Intended to indioaleal of the deficiendes on these plans,
nor does this NView I'8lIeve the. designer of any of tIleIr responsIbIly to furnish
documents In accordance wilhthe State of Minnesota, the State Bulding ~ the
Minnesota State Fire Code, and NFPA or other NCOgntzed .........
A Gentle DenIal Clnic Acceu and Water suppfy """ Review May 21. 2005
Page 4 of 5
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80
If you heve any questions or wish to diKust tbecontents of th.lettw~ ..... feel......
to contact me.
. SlnC8Nly,
FUTRELL FIRE CONSULT & DeSIGN, INC.
Scott A. Futrell
Ptesident
oc: Cilyof A1bertvlIIe - Mr. Kevin Roden, F'n Chief
.
DISCLAIMER
This report hu been prepared by FFCOI baed on the fnformation IMIilable to La 8$
provided by the clent and Is ........ to a review oflhe tn BVIce features and ....
supply .s defined In Chapter 5 of the MSFC for this building. FFCDI h. not
determined If the client or building fa in compliance wfth any laws, IU_~ oodee or
standards.
The ecope of this "'POd.. limited to that In the conlr8ct beIwe_ the dIent and FFCDI
and fa not to be used for other designs, locations. inI18l8t1ana Of IiluaIIon$ outside
those for which It was Intended. fFCDI is not reepol18lJle for implementation,
inIerpndatfon Of oonfIrmalion of reQOmmeodatlons or requlrwnents, indudlng ...
Indicated In tis report. unless provided for in addIIIonIJ contrac:I$ outIide the scope of
the CUmrft work. Should the client not retain U1re 88fYiCe& of FFCDI to review the '
~Iementation or any other use of this reporttbrough lie observation, Inspection. or
audits, then the clent and .-.y end u__lQrae to .......11 .._ and reeponalbilty
for Ihe verification, i11*mentation. InfetpretatJon, or any oa. .. of IttIa report and Ita
findIngIa for any purpose lI1duding. but not Imled to deveIoI;lmInt of co~
~ approval, or any oller Implementation In any fonn.
AdcItionaIy, the recomInendations in this t8pOrt are b818d on reIpOfIfIlbIe parties, other
than FFCDI, such as ..... building ownerlopet'8tor maintaining I1e Ire protectbn,
eyatems, maintenance, housekeeping and storage In accordance with local, ... and
natJonallaws, and natlonaRy"recognlzed standards, including Ito8e oulllned in Ill.
report.
Copyright FFCOf 2005.
. A Gentle DenlIt Clnic Accre8s 8nd Water Supply PI8n Review May 27. 2005
Page 5 of 5
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.
CITY OF ALBERTVILLE
DEVELOPERS AGREEMENT
Koopman Addition
THIS AGREEMENT, entered into this day of ,2005 by and
between , 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 "Koopman Addition" and shall
hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and
WHEREAS, Developer has received final plat approval for 1 lot within Said Plat; 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
WHEREAS, the City has given preliminary and final plat approval to 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
sanitary sewer and street improvements (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, street signs, street
lights, street cleanup during project development, erosion control, and other site-related items; 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. 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 Koopman Addition, as prepared by
dated , 2005 and on file with the City Clerk, said
improvements to include installation of sanitary sewer and improvements to Wright
County State Aid Highway No. 18 ("CSAH 18") as required by the Wright County
Highway Department. Developer shall extend the sanitary and storm sewer lines to the
87
west property line of Koopman Addition as detailed by the Plans and Specifications. 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, 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.
E. 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.
F. Developer shall install [turn lanes?] on County Road 18 at
Developer's expense. Said improvements shall be constructed according to the .
standards adopted by the City and Wright County, along with all items required by the
City Engineer and shall be subject to approval by the City Engineer.
17. 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, sidewalks, 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 Koopman
Addition, 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,
2006, with the exception of erosion control and drainage swales, which shall be installed
upon initial grading of Said Plat, and except that the parking lots may be constructed
when a building is constructed.
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:
.
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.
1.
Electrical power supply, to be provided by Xce1 Energy or other such carrier;
11. Natural gas supply, to be provided by Reliant Energy or other such carrier;
111. Telephone service, to be provided by SprintlUnited Telephone Company or other
such carrier;
IV. Cable TV service, to be provided by a local carrier;
In addition, the Developer shall, at its own expense, cause 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 has submitted a utility plan for Said Plat showing all existing and proposed
utility lines and easements, attached hereto and incorporated herein as Exhibit D.
Developer agrees to have all utilities installed according to this Exhibit D.
J. 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 abide by the
City Engineer's requirements for silt fencing of the lots and access to the lots during
building construction.
.
K.
Developer has submitted a lighting plan for Said Plat showing all existing and proposed
lights. All light poles and exterior lights will be a 90 degree full cut-off. The lights shall
be in substantially the same location, configuration and material as shown on attached
Exhibit E.
L. Developer has submitted a signage plan for Said Plat showing all existing and proposed
signs. All signs shall have white lettering with a dark background. All signs shall be in
substantially the same location, configuration, height and material as shown on attached
Exhibit F.
M. Developer has submitted a grading plan for Said Plat attached as Exhibit G. Developer
shall implement the grading plan in a manner that will minimize soil erosion.
N. Notwithstanding the requirements of subparagraph 2A 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 31 st but
before May 1 st in any given year, in which case a temporary certificate of occupancy
shall 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 1 st following the issuance of the occupancy permit.
.
O.
Notwithstanding the approved Plans and Specifications describe~ in paragraph 2.A.
above, the City may require the relocation of the access to the Subject Property from
89
CSAH 18 as depicted in the Site Plan (attached hereto and incorporated herein as
Exhibit B) to substantially the same location, size and orientation as shown on Exhibit .
C upon the construction of a service road similar in configuration to that shown on
Exhibit C, provided such service road has full access to CSAH 18. Developer shall be
permitted to reduce the number of parking stalls as necessary to accommodate such
relocation of access.
P. In the event the service road shown on the attached Exhibit C is constructed,
Developer shall provide an easement to the property immediately east of the Subject
Property to provide such east property with access to the service road. Such easement
shall be 20 feet in width and shall be located along the northerly property line of the
Subject Property.
18. 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 ($30,700.00), and 150% of the estimated cost for
landscaping/screening materials ($ .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 payor reimburse the City in total as
required herein, the Developer agrees that upon being billed by the City, Developer will
pay within thirty (30) days of the mailing of said billing, the said deficient amount. If
there should be an overage in the amount of utilized security, the City will, upon making
said determination, refund to the Developer any monies which the City has in its
possession which are in excess of the actual costs of the project as paid by the City.
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
.
90
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.
.
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.
19. 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:
1. When another acceptable letter of credit or surety is furnished to the City to
replace a prior letter of credit or surety.
11.
When all or a portion of the Municipal Improvements or the on- and off-site
improvements have been installed, the letter of credit or surety may be reduced
by the dollar amount attributable to that portion of improvements so installed,
except that the City shall retain the letter of credit or surety in the amount of 10%
of the estimated construction price of the Municipal Improvements during the
first year of the warranty period and 5% of the estimated construction price of the
Municipal Improvements during the second year of the warranty period.
Developer may substitute a warranty bond acceptable to the City Attorney for the
warranty letter of credit in the same amounts and duration as required for the
warranty letter of credit.
111. As to all requests brought under this paragraph, the City Council shall have
complete discretion whether to reduce or not to reduce said letter of credit or
surety.
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.
20. 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
91
whole or in part, ceases substantial field work for more than nine (9) months, fails to provide
sufficient ground-cover to prevent continuing soil erosion from the Development, or fails to leave the .
abandoned property in a condition which can be mowed using conventional lawn mowing
equipment, Developer agrees to pay all costs the City may incur in taking whatever action is
reasonably necessary to provide ground-cover and otherwise restore the Development to the point
where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent
continuing soil erosion from the Development and to facilitate mowing of the Development. In the
event that said costs are not paid, the City may withdraw funds from the above-mentioned surety for
the purpose of paying the costs referred to in this paragraph.
21. 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 ofthe Development without objection.
22. 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 .40 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 $1,040.00 ($560.00 in
sewer fees calculated as $1,400.00 x 0.40 acres and $480.00 in water fees calculated as $1,200.00
x 0.40 acres).
23. 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 F. Developer shall also install all erosion control measures deemed necessary by
the City Engineer should the erosion control plan prove inadequate in any respect.
24. 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.
25. 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
92
.
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 ifnot 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.
26. 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.
. 27. Miscellaneous.
A. Developer agrees that all construction items required under this Agreement are items for
which Developer is responsible for completing and all work shall be done at Developer's
expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract
is for any reason held invalid by a Court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of this Contract.
C. Ifbuilding permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in delays in
completion of public improvements and damage to public improvements caused by the
City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third
parties.
D. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Contract shall not be a waiver or
release.
.
E.
This Contract shall run with the land and shall be recorded against the title to the
property.
93
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.
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.
.
M. 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.
N. 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.
O. Developer shall construct at Developer's expense any improvements to Wright County
State Aid Highway No. 18 as may be required by the Wright County Highway
Department as a condition of plat approval
28. Draw on Expiring Letter of Credit.
In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by .
its terms may become null and void prior to the time at which all monetary or other obligations
of the Developer are paid or completed, it is agreed that the Developer shall provide the City
94
.
with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days
prior to the expiration of the expiring letter of credit. If a new letter of credit is not received as
required above, the City may declare a default in the terms of this Agreement and thence draw in
part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of
surety for the continued obligation. The form of said irrevocable letter of credit must be
approved by the City Attorney prior to its issuance.
29. Violation of Agreement.
E. 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.
F.
Notwithstanding the 3D-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.
.
G. Paragraph 14A of this Agreement shall not apply to any acts or rights of the City under
paragraph 13, 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.
H. 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.
Upon acceptance of dedication, Developer shall provide to the City "As-Builts" of all
95
sewers, water mains, and roads. 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 $3,000.00 in satisfaction of the
City's park and trail dedication requirements. This charge is calculated as follows:
0040 acres x $7,500 per acre = $3,000.00. Developer shall pay this amount prior to the
release of the final plat by the City.
16. 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.
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 payor incur in
consequence of such claims, including attorney's fees. Third parties shall have no recourse
against the City under this contract.
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. 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.
20. 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.
21. Plans Attached as Exhibits.
96
.
.
.
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 dilly 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:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville,MN 55301
Telephone: (763) 497-3384
Telephone:
Fax:
2. 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
[DEVELOPER]
97
By
.
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
20M, by as
day of
of
Notary Public
DRAFTED BY:
Couri, MacArthur & Ruppe, P .L.L.P.
P.O. Box 369
705 Central Avenue East
.
98
EXHmIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies is as follows:
Lot 1 Block 1
All said property is located in the plat of Koopman Addition, City of Albertville, County of Wright,
Minnesota.
100
.
.
.
.
EXHmIT B
Site Plan
EXHmIT C
.
Future Access Relocation Plan
EXHmIT D
Sanitary Sewer, Water Main, Storm Sewer and Street Plan
EXHmIT E
Lighting Plan
EXHmIT F
Signage Plan
EXHmIT G
Grading Plan
.
101
E30L- TOf'-J &. ~E:f'-J 1<, If'JC.
Consulting Engineers & Surveyors
2638 Shadow Lane, Suite 200 · Chaska, MN 55318
Phone (952) 448-8838 · FAX (952) 448-8805
MEMORANDUM
Date: July 26, 2005
To: The Honorable Mayor and City Counell
Ce: Larry Kruse, City Administrator
City of Albertville
From: Mark D. Kasma, P.E., Albertville City Engineer
Bolton & Menk, Inc.
Subject: Project Status Update
. The following is a brief project status update:
1. Lachman Avenue
Negotiations continue with Cascade II and the Barthe1s on an agreeable cost-sharing split for street
and storm sewer improvements.
2. Mud Lake Watermain Crossing
The City has received the license from the DNR to cross the protected waters. Construction is
scheduled to begin August 1 st.
3. Hunter's Pass Estates - Lift Station
Construction is expected to begin on the 8th of August.
4. Lot Survey Reviews. As-Built Survev Reviews & Right-Of-Way Reviews
We are presently reviewing between 5 and 10 Lot Surveys, As-built Surveys, and Right-Of-Way
Applications per week for Jon Sutherland, the Building Official.
5. Signal and Street Improvements at County Road 18 and County Road 19
We will be meeting with Wayne Fingalson (Wright County Engineer) on July 28th to discuss the
possibility of accelerating the County's improvements by having the City take the lead and get
reimbursement from the County in the near future. I will update you of our findings, at the August
1 st City Council Meeting.
6. Hockey Rink
I will be going over the final plans and specifications with Tim Guimont the week of August 1 st.
.
103
7. Towne Lakes 6th Addition
The developer has requested that grading be permitted prior to fmal platting. I will be working
with the City Attorney and Building Official to complete the process.
8. Hunter's Pass Estates - Mass Grading
Utility installation is expected to begin mid to end of August.
9. 2005 Overlay Improvements Proiect
Milling is scheduled for this week, and paving is scheduled to begin August I st.
MANKATO, MN . FAIRMONT, MN . SLEEPY EYE, MN . BURNSVILLE, MN . WILLMAR, MN . CHASKA,
MN MN . AMES, IA
An Equal Opportunity Employer
104
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.
.
~
. A1~.!!'!.iJL€
MEMORANDUM
Date: July 28, 2005
To: City Council
From: Larry R. Kruse, City Administrator
Re: General Update
1. 1-94: Enclosed in your packet is SEH's 1-94 phasing plan for your review and comment. If
the Council wants to pursue a phased project in the near future, I would like to pursue a
strategy whereby owners of undeveloped property voluntarily agree to be assessed, thus
leveraging the first one or two phases of the project. 1 look forward to your direction on how
and when you want to proceed. If the council has a consensus of the preferred plan, we should
host another public meeting to share information with the public.
.
2. Arena: SEH Architect Russ Gilson completed his estimate for the second ice sheet estimating
a cost of about $4.6 million dollars not including land and parking lot. I have forwarded this
information to the School, who is considering including arena funding in the upcoming bond
referendum. If the arena is something we want to see included in the bond referendum, both
Albertville and St. Michael should lobby the school for its inclusion. Remember, that ifthe
bond passes, the state would pay a significant portion of the cost. I want to acknowledge that
Mr. Gilson donated several days researching this estimate for us and our appreciation of his
efforts!
3. Welcome Furniture Sign: A 18" x 72" sign has been ordered to be installed on City right of
way at 67th Street and CSAH 19.
4. Edina Development: As of Thursday, July 28th, building permits continue to be held
pending completion of the agreed upon items and a recommendation from City Attorney
Couri to release permits. SEH Deric Deuschle, along with Wright County Soil and Water and
DNR representatives toured all sixteen site previously identified as potential violations.
Earlier we thought we may be able to not pursue the smaller more insignificant violation and
just focus on a smaller number. It appears we must pursue all sixteen. Ultimately, DNR must
hold the property owners accountable for the violations and can't pursue Edina Development.
Pursuant to our agreement, we are hopeful that Edina will mitigate all sixteen of this
elsewhere. I will share Mr. Deuschle letter to the residents in violation as soon as it is
available. I am hopeful we can release building permits very soon.
.
5. 2006 Budget
Finance Director Lannes and 1 continue to work on the 2006 budget.
We plan on scheduling a council workshop in mid August to receive council input and
guidance.
105
· ~~~!:lxtll~
TO:
FROM:
DATE:
RE:
City Council
Larry R. Kruse
July 27,2005
Adoption of the 2005 Codified Ordinances
BACKGROUND
In 2004, the City contracted with Sterling Codifiers to complete codification of the City's ordinances.
Over the past year Albertville's staff presented the Council with a number of new or modified
ordinances, some of which were adopted, while others were not deemed necessary by the Council.
Zoning ordinance changes were processed through the Planning Commission and public hearing
process and then approved by the City Council. These ordinance changes were then codified into a
City Code along with all of the previous adopted ordinances. Once approved by the City Council,
staff will publish the adoption ordinance in the newspaper giving residents notice of the codification
and providing them the opportunity to review and even purchase a copy of the code.
.
The new code will be available on-line at our Albertville web-site. On-line users will be able to
complete electronic searches for their specific items of interest. Having the code on-line will be very
convenient for the end user and will be a time saver for staff.
I compliment the City Council and all of Albertville's staff and consultants for the hard work
completing this codification. Good job!
RECOMMENDATION
Adopt an ordinance adopting the 2005 Codification.
.
107
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2005-06
AN ORDINANCE ADOPTING
THE CITY OF ALBERTVILLE CITY CODE
BE IT ORDAINED by the Mayor and City Council of the City of Albertville, County of Wright, State
of Minnesota as follows:
Section 1: Pursuant to the provisions of Minnesota statutes section 415.021, and from and after
the date of passage of this ordinance, the City Code of the City of Albertville, County of Wright, State of
Minnesota prepared by Sterling Codifiers, Inc. containing the compilation of all ordinances of a general
nature together with the changes made to said ordinances, under the direction of the governing body of
the City, shall be accepted in all courts without question as the official code and law of the City as
enacted by the Mayor and City Council.
Section 2: There is hereby adopted, as a method of perpetual codification, the loose-leaf type of
binding together with the continuous supplement service, provided by Sterling Codifiers, Inc., whereby
each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting
provisions of the official City Code is identified by the proper catchline and is inserted in the proper
place in each of the official copies, one copy of which shall be maintained in the office of the City Clerk,
certified as to correctness and available for inspection at any and all times that said office is regularly
open.
Section 3: All ordinances of a general nature included in this official City Code shall be
considered as a continuation of said ordinance provision and the fact that some provisions have been
deliberately eliminated by the governing body shall not serve to cause any interruption in the continuous
effectiveness of ordinances included in said official City Code. All ordinances of a special nature, such
as tax levy ordinances, bond ordinances, franchises, vacating ordinances and annexation ordinances shall
continue in full force and effect unless specifically repealed or amended by a provision of the City Code.
Such ordinances are not intended to be included in the official City Code.
Section 4: It shall be unlawful for any person, firm or corporation to change or amend by
additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof,
or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City to
be misrepresented thereby.
Section 5: All ordinances or parts of ordinances in conflict herewith, are, to the extent of such
conflict, hereby repealed.
109
Section 6: This ordinance and the Code adopted by the same shall be recorded and shall be in .
full force and effect from and after its passage, approval and publication in pamphlet form as provided
by law.
PASSED this
day of
'-.
APPROVED this
day of
'-'
Mayor
ArrEST:
City Clerk
Roll Call Vote:
AYES:
NAYS:
.
ABSENT:
.
110
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REQUEST FOR COUNCIL ACTION
DATE: JULY 25, 2005
TO: CITY COUNCIL
FROM: LARRY R. KRUSE, CITY ADMINISTRATOR
SUBJECT: ADOPTION OF LODGING TAX ORDINANCE
PROBLEM STATEMENT: No problem currently exists; rather there are opportunities for the City
of Albertville to capture a 3% tax on lodging patrons and use it to promote Albertville. In the past the
Chamber has tried unsuccessfully to do something regionally and now may be the time for the City of
Albertville to consider implementing a lodging tax and using the funds to market our community.
OPTIONS:
1) Work collaboratively with the Chamber on a regional effort.
2) Implement the tax and manage these funds ourselves.
3) Do nothing.
Pros: Having a pool of advertising dollars to market the City of Albertville is a good economic
development tool. Some will argue that the motels can advertise themselves, while others argue that
not having a lodging tax is lost revenue to help the area in general. Most cities have lodging taxes and
we pay these when we travel elsewhere. A collaborative effort with the Chamber may be a good way
to generate some marketing synergy. Administration and collection, is not a problem and it does
generate five percent of the tax collected as a management fee for the City. In a recent conversation
with the motel manager, she stated patrons are often surprised the no lodging tax is charged.
Cons: Taxes are never popular and sometime it is difficult to get competing cities to work together.
Recommendation:
Adopt the lodging tax ordinance with the goal to manage it ourselves for now. If in the future the
Chamber puts together a regional lodging tax program with neighboring cities, the council may
consider having the Chamber manage the advertising campaign.
111
Cost: $500 for legal and miscellaneous expense. Albertville estimated revenue:
64 rooms
$75 rate
$1,752,000 annual
75% Occupancy
$1,314,000 Adi annual
$39,420 Lodging tax
$1,971.00 Administrative fee
112
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2005-07
AN ORDINANCE TO IMPLEMENT A LODGING TAX
Lodging Tax
3-2-1: DEFINITIONS:
The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed
to them in this section, except where the context clearly indicates a different meaning:
CITY: The city of Albertville, Minnesota.
LODGER: The person obtaining lodging from an operator.
LODGING: The furnishing for a consideration oflodging at a hotel, motel, apartment, tourist court,
municipal campground, bed and breakfast or resort, other than the renting or leasing of such premises
for a continuous period of thirty (30) days or more to the same occupant. The furnishing of rooms
owned by religious, educational or nonprofit organizations for self-sponsored activities shall not
constitute "lodging" for purposes of this chapter.
OPERATOR: Any person who has charge, care, or control of a building in the city, or part thereof, in
which dwelling units or rooming units are let, whether in the capacity of owner, lessee, sub lessee,
licensee or any other capacity.
PERSONS: All firms, partnerships, associations, corporations, and natural persons.
RENT: The total consideration valued in money charged for lodging whether paid in money or
otherwise, but shall not include any charges for services rendered in connection with furnishing
lodging other than the room charge itself.
3-2-2: ADMINISTRATION OF TAX:
The city shall administer and enforce the assessment and collection of the taxes imposed by this
chapter. The city shall cause to be prepared blank forms for the returns and other documents required
by this chapter and shall distribute the same throughout the city. Failure to receive or secure such
forms and documents shall not relieve any person from any obligation required of him or her under
this chapter.
3-2-3: IMPOSITION OF TAX:
Pursuant to Minnesota statutes section 469.190, there is hereby imposed a tax of three percent (3 %)
on the rent charged by an operator for providing lodging to any person. The tax shall be stated and
charged separately and shall be collected by the operator from the lodger. The tax collected by the
113
operator shall be a debt owed by the operator to the city and shall be extinguished only by payment to
the city. In no case shall the tax imposed by this chapter upon an operator exceed the amount of tax .
which the operator is authorized and required by this chapter to collect from a lodger.
3-2-4: COLLECTIONS:
Each operator shall collect the tax imposed by this chapter at the time the rent is paid. The tax
collected shall be deemed to be held in trust by the operator for the city. The amount of tax shall be
separately stated from the rent charged for the lodging and those persons paying the tax shall receive
a receipt for payment from the operator.
3-2-5: EXEMPTIONS:
An exemption shall be granted to any person as to whom or whose occupancy it is beyond the power
ofthe city to tax. No exemption shall be granted except upon a claim therefor made at the time the
rent is collected. Such a claim shall be made in writing and under penalty of petjury on forms
provided by the city. All such claims shall be forwarded to the city when the returns and collections
are submitted as required by this chapter.
3-2-6: ADVERTISING NO TAX:
It shall be unlawful for any operator to advertise, hold out or state to the public or any customer,
directly or indirectly, that the tax, or any part thereof, will be assumed or absorbed by the operator, or
that it will not be added to the rent or that, if added, it or any part thereof will be refunded. In .
computing the tax to be collected, amounts of tax less than one cent ($0.01) shall be considered an
additional cent.
3-2-7: PAYMENTS AND RETURNS:
A. Payment Date: The taxes imposed by this chapter shall be paid by the operator to the city monthly
not later than twenty (20) days after the end of the month in which the taxes were collected.
B. Return: At the time of payment, the operator shall submit a return upon such forms and containing
such information as the city may require. The return shall contain the following minimum
information:
1. The total amount of rent collected for lodging during the period covered by the return;
2. The total amount of exceptions/exemptions;
3. The amount oftax required to be collected and due for the period;
4. The signature of the person filing the return or that of his /her agent duly authorized in writing;
5. The period covered by the return;
6. The amount of uncollectible rental charges subject to the lodging tax;
.
114
7. A certification of accuracy attested to by the person signing the form for submission to the city.
. C. Offset: The operator may offset against the taxes payable with respect to any reporting period the
amount of taxes imposed by this chapter previously paid as a result of any transaction the
consideration for which becomes uncollectible.
3-2-8: EXAMINATION OF RETURN, ADJUSTMENTS, NOTICES AND DEMANDS:
The city or its duly authorized representative shall, after a return. is filed, examine the same and make
any investigation or examination of the records and accounts of the person making the return. deemed
necessary for determining its correctness. The tax computed on the basis of such examination shall be
the tax to be paid. If the tax due is found to be greater than that paid, such excess shall be paid to the
city within ten (10) days after receipt of a notice thereof given either personally or sent by certified
mail, return. receipt requested, to the address shown on the return.. If the tax paid is greater than the
tax found to be due, the excess shall be refunded to the person who paid the tax to the city within ten
(10) working days after determination of such refund.
3-2-9: REFUNDS:
.
Any person may apply to the city for a refund of taxes paid for a prescribed period in excess of the
amount legally due for that period; provided, that no application for refund shall be considered unless
filed within one year from the date the return. was due to be filed. The city shall examine the claim
and make and file written findings denying or allowing the claim in whole or in part and shall mail a
notice thereofby certified mail, return. receipt requested, to such person at the address stated upon the
return.. If such claim is allowed in whole or in part, the city shall credit the amount of the allowance
against any taxes due under this chapter from the claimant and the balance of said allowance, if any,
shall be paid by the city to the claimant.
3-2-10: FAILURE TO FILE RETURN:
A. Written Notice And Demand: If any operator required by this chapter to file a return shall fail to
do so within the time prescribed or shall make, willfully or otherwise, an incorrect, false, or
fraudulent return., the operator shall, upon written notice and demand, file such return. or corrected
return. within five (5) days of receipt of such notice and shall, at the same time, pay any tax due
on the basis thereof. If such person shall fail to file such return or corrected return, the city shall
make a return. or corrected return. for such person based upon such knowledge or information as
the city can obtain, and assess a tax on the basis thereof, which tax (less any payments covered by
such return.) shall be paid within five (5) days of the receipt of written notice and demand for such
payment. Any such return. or assessment made by the city shall be prima facie correct and valid,
and the burden of proving to the contrary rests with any person in any action or proceeding in
respect thereto.
B. Legal Action: If any portion of a tax imposed by this chapter, including penalties thereon, is not
paid within thirty (30) days after it is required to be paid, the city may institute such legal action
as it, in its sole discretion, may deem appropriate to cover the amount due plus interest, penalties,
and the costs and disbursements of any action.
.
115
c. Extension Of Time: Upon a showing of good cause, the city may grant an operator one thirty (30)
day extension of time within which to file a return and make payment of taxes as required by this
chapter; provided, that interest during such period of extension shall be added to the taxes due at .
the rate of eight percent (8%) per annum.
3-2-11: MONETARY PENALTIES:
A. Late Payment: If any tax imposed by this chapter is not paid within the time herein specified for
the payment or an extension thereof, there shall be added thereto a specific penalty equal to ten
percent (10%) of the amount remaining unpaid.
B. Late Filing: In case of any failure to make and file a return within the time prescribed by this
chapter, unless it is shown that such failure is not due to willful neglect, there shall be added to
the tax, in addition to the penalty provided in subsection A of this section, a penalty of ten percent
(10%) for each thirty (30) day period or fraction thereof during which such failure continues, not
exceeding twenty five percent (25%) in the aggregate. There shall be a minimum penalty assessed
of twenty five dollars ($25.00) if penalties in the aggregate do not exceed that amount. The
amount so added to any tax shall be collected at the same time and in the same manner and as part
of the tax, unless the tax has been paid before the discovery of the negligence; in which case, the
amount so added shall be collected in the same manner as the tax.
C. Willful Failure To File; False Or Fraudulent Return: If any person willfully fails to file any return
or make any payment required by this chapter or willfully files a false or fraudulent return or
willfully attempts in any manner to evade or defeat any such tax or payment thereof, there shall
also be imposed as a penalty an amount equal to fifty percent (50%) of any tax (less any amounts .
paid on the basis of such false or fraudulent return) found due for the period to which such return
related. This penalty shall be collected as part of the tax, and shall be in addition to any other
penalties provided by this chapter.
D. Application of Payment: All payments received shall be credited first to penalties, next to interest,
and then to the tax due.
E. Interest: The amount of tax not timely paid, together with any penalty provided by this chapter,
shall bear interest at the rate often percent (10%) per annum from the time such tax should have
been paid until payment is made. Any interest and penalty shall be added to the tax and be
collected as part thereof.
3-2-12: EXAMINATION OF RECORDS:
Persons acting on behalf of the city and authorized in writing by the city may examine the books,
papers, and records of any operator in order to verify the accuracy of any return made; or if no return
was made, to ascertain the tax as provided in this chapter. Every such operator is directed and
required to give to the city the means, facilities, and opportunity during regular city business hours
for such examinations and investigations as are hereby authorized.
.
116
.
.
.
3-2-13: USE OF PROCEEDS:
Ninety five percent (95%) of the proceeds obtained from the collection oftaxes pursuant to this
chapter shall be used in accordance with Minnesota statutes section 469.190 as the same may be
amended from time to time to fund marketing and promoting the community as a tourist center. The
city shall retain up to five percent (5%) of the proceeds obtained hereunder to defray the costs and
expenses of collection and administration of such tax. At the City's option they may designate
another entity to manage the marketing program and in that case the city shall disburse the balance of
the tax collected to the designated entity by the fifteenth day ofthe month following the city's receipt
of such funds.
3-2-14: DESIGNATED ENTITY:
The city may designate by resolution the entity which shall be responsible for the disbursement of all
funds collected according to Minnesota statutes section 469.190. The entity shall submit an annual
marketing program and budget to the city for its review. Said resolution may define other procedures
necessary to ensure proper execution of this delegation of authority.
3-2-15: APPEALS:
A. Right of Review: Any operator aggrieved by any notice, order, or determination made by the city
under this chapter may file a petition for review of such notice, order, or determination. The
petition shall contain the name of petitioner, the petitioner's address, and the location of the
lodging subject to the notice, order, or determination.
B. Filing Petition for Review: The petition for review shall be filed with the city within ten (10) days
after the notice, order, or determination for which review is sought has been mailed to or served
upon the person requesting review.
C. Notice of Hearing: Upon receipt of the petition, the city administrator shall set a date for a hearing
and give the petitioner at least five (5) days' prior written notice of the date, time, and place ofthe
hearing.
D. Hearing: At the hearing, the petitioner shall be given an opportunity to show cause why the notice,
order, or determination should be modified or withdrawn.
E. Findings of Fact and Conclusions: The hearing shall be conducted by the city council or its
authorized representative and it shall make written findings of fact and conclusions based upon
the applicable section of this chapter and the evidence presented. The city council or its
authorized representative may affirm, reverse, or modify the notice, order or determination, which
is the subject of the appeal.
3-2-16: TERM:
The city may repeal this chapter at any time.
117
3-2-17: VIOLATION:
Any person who shall willfully fail to make a return required by this chapter or who shall fail to remit
the taxes collected or any penalty or interest imposed by this chapter after written demand for such
payment, or who shall refuse to permit the city's authorized agents to examine the books, records and
papers under his or her control, or who shall willfully make any incomplete, false, or fraudulent
return shall be guilty of a misdemeanor.
.
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.
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REQUEST FOR COUNCIL ACTION (RCA)
Date: July 26, 2005
To: Albertville City Council
From: Larry R. Kruse, City Administrator
Re: St. Michael Library
The following worksheet outlines a formula identified at the July 25, 2005 joint meeting with the City
of Albertville and St. Michael. The formula includes a 25% location charge for the hosting city and
then prorates the library budget based on market value, population and number of library card holders
in each city. Currently, we have $12,000 budgeted for 2005.
Recommendation: Approve payment to St. Michael in the amount of $11,193 for payment of
Albertville share for 2005.
Library Cost Allocation (2005)
Population Estimates April 2004 (Minnesota State Demographer's Office)
Albertville 5368 28.77%
St. Michael 13292 71.23%
Total 18660
Market Value (Wright County Auditor, 2004 . Pay 2005)
Albertville $470,482,500 31.11 %
St. Michael $1,042,069,075 68.89%
Total $1,512,551,575
Albertville Library Cards 1300 25.31%
St. Michael Library Cards 3836 74.69%
Total 5136
Average Population, Market Value and Library Cards
Albertville 28.39%
St. Michael 71.61 %
100.00%
Library (2005)
Uses of Funds
Expense BudQet $52,560.00
Sources of Funds
St. Michael location Incentive $13,140.00
Albertville $11,193.20
St. Michael location $28,226.80
Total Sources of Funds $52,560.00
119
Phase
Schematic
Cost/Comments
-Add CR 19 ~ to East
..close CR 37 ~ to west
.
1
Construction Cost
$4 Million
1a
DRAFT
FOR
REVIEW
~37 LV
ill
c:
(,J
~Replaoe CR 19 Bridges
~Recons1ruct CR 19
~Phase 1 and 1 a. = option . B-
~-B- as stand alone prCIject =
$7.0 mlllon
Construction Cost
$4 Million
.
2
~BYlld WestboUnd CD RclBd
~Phases 2 and 3 can be
switched based on prioirLy
Construction Cost
$5.5 Million
3
~BYIId Eas1bound CD Road
-phase 1 ~ = OptIon "2b-
"2b- oosts as stand alone
proJect. = $16 mlllon
Construction Cost
$5.5 Million
Total Costs of all
phases=$19 million
~
.SEH
CR i9leR 37 Interchange Access Req.....t
City of Albertville
Figure 1
Phasing Plan and Costs
121
.
July 26, 2005
RE: St. Michael! Albertville, Minnesota
Ice Arena Addition
SEH No. P-ALBEV0601.00
Mr. Larry Kruse
City Administrator
City of Albertville
5975 Main Avenue NE
Albertville, MN 55301-9776
Dear Mr. Kruse:
As requested, Short Elliot Hendrickson Inc. (SE~ has completed a budget for your proposed addition of
a second ice sheet to your existing facility. The proposed addition would be a steel structure with
insulated masonry walls and an insulated steel roof. This would all be very similar to the existing
building. Proposed areas for the building would include locker rooms with a precast deck above,
telescoping bleachers, and public areas for toilets and concessions, along with the ice sheet. The design
must also include a method to get the ice groomer between the two sheets of ice. Building systems to be
included are as follows:
.
Fire Protection (Sprinklers) and Dehumidification. Note that no costs have been included for civil
engineering work.
Building material prices are fluctuating a great deal at this time, so preparing cost estimates during the
design phase will be very important. We have placed our fees at 7 percent of construction cost for
budgeting purposes, but fmal fees would be negotiated once the scope of services is determined.
Schedule of Building Costs: Building Area 33,600 Square Feet
Base Building $75/sf $2,520,000
Dasher Boards and Top Guard Each $140,000
Refrigeration System including
Refrigerated Floor Slab Each $430,000
Dehumidification Each $140,000
Locker Benches Each $12,000
Telescoping Bleachers $120/Seat (1,600 Seats) $192,000
Rubber Mats $18/sfx 20,000 sf $360,000
Scoreboard Each $35,000
. Food Service Equipment Allowance Each $40.000
123
Total Estimated Construction Costs
$3,869,000
Design Fees 7%
$270,000
Contingency 10%
$386.900
Total Budget
$4.525.900
This is our first pass at a building construction budget. Please review it and contact our office with
questions or comments as to our inclusions for the proposed building.
Cordially,
Russell D. Gilson
Project Manager
kad
U:\A Ialbev\06OI OOlagreement\Budget for proposed Ice Arena.doc
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Nelson-Rudie & Associates; Inc.
stroatural - Mechanical- SectricaJ
Consulting Engiooers
2515 University Ave. West
SUlte 135
SI. Paul, MN 55114
MEETlNGNOTES
MEETING DATE:
U:
June 26, 2005
Albertville City Hall
Albertville. MN
Mechanical Design Development Meeting
NRA Comm. No. OS..Q61
ATTENDEES:
~ tlm)' Ktu$e . City .of Albertvl1!e . ,
~ Mark Fort. - BoncSb"oO Rosene AnderUk " Associates - (B RAA)
E8:I Erit:Nebe:lung- Nelso~Rudle &. Associates - (NRA)
INTERNAL ROUTING:
MDW t8I 0
Followi Items were discussed at the meeting. Text that is in italics isaresponsei to a question
asked d the meeting:
1. The Design Development wiUbe sent to the city on July 7.
2. The upper leveJrestrooms and the water cooler will be an alternate bid.
3. The water closets will be wall mounted.. flush valve. The main level restrooms will have
sensor operated flush valves and upper level re$tJ'(l()rnS will be manually operated flush
valves. Sensor operatedflXture$ are about 3.50 dolltzr$ more perfmure than the manually
operated {mUTes.
4. The urinals are wall mounted fIXtures with sensor operated flush valves on the main floor,
and manually o~. "ated flush valves on the ~per level. Sensor operatedflXhu'es m-e about
jjf) dollars more per fIXture than the manually operated fIXture.
s. Al1lavatcries will be counter set. '!'he main level restrooms will have one lavatory that is a
sensor operated faucet the other lavatory will be a manually operated faucet. The upper
level restrooms will have manuaUy operated, faucets. Sensor operatedftxtures are about
350 dollars more perlmure than the manually operatedftxtures.
6. The domestic hot water system will be provided with a hot waterre-circulating system.
7. There will be a future lawn irrigation system provided by the owner. Awater tap for the
system will be stubbed into the west closet. A pipe sleeve stubbed-out from the west closet
to outside the building will be provided.
~ It, Nebllh, P,E,
Sa:lII F. FhDe. P.E.
And_ N, El'limalll\ 1',1:
~ M.Pearc:e.P.E.
UiC:I'IIlIJ 0. WOIi!ll!le, P E..
T~; (651) 64H400
Fax:: (:651) 64741:20
WWWJlelSCllmlacom
125
June 2. 2005
Albertville City Hall
Albertville. MN
Mechanical DD Meeting
NRA Comm. NO'. 05-062
Meeting Notes
Page 2
8. A mop sink will be located in the 'West closet. Ute mop sink banger wiu be placed O'n a shelf
that stands aboutS>> away fO'nn the wall.
9. The beak room will have a double-compartment stainless steel sink with a goose neck
faucet. An O'wner furnished dishwasher will be provided. NRA will provide a hO't water and
waste water stub-out.
10. Tberev.1U be a kitchen adjacent to' the council chambers. This will be provided by the
owner. The o\\'Uer will need to' provide NRA with an equipment list indicating the
mechanical connections for the equipment.
11. The Architect is providing drain tile around the basement. NRA is providing a sump pump
in the basement and will pump the water to' the rain garden or the storm sewer system. There
is a shallO'w storm water drain system under Main Ave.
12. NRA will provide a drain in tbe elevator shaft and the medmnical rooms.. A waste pump
will be provided in the basement
13. The records room's outside wall is being modified into it chase for the boilers and water
beaters BuelL BRAA and NRA will see if it is possible to split the chase so that a window
can be installed in that room.
14.. BRAA and NRA win look for areas in or around the Council Champers for !hemin water
conductors to be dropped below grade.
15. The main entry of the city hall has two vending machines. There is a sky light above the
are"" and the east wall is mostly store front glazing.
16. There wi!] be a c.abinetlceiling unit heater in each of the vestibules. NRA is recommending
that the um! beaters be hot water.
17. There will be no baseboard beat provided under the windows.
18. The heating and cooling for the space win be provided by. a variable air volume ('I AV)
system. The boilers and centra) air handling units will be located in tbe basement. V AV
boxeswiU be placed above the ceiling .and win be used to divide the building into smaller
beating and oooling zones. The V AV s)'stem will have ducled returns to cut down on the
noise over the offices. NRA will provide a rough cost for control strategies for the V A V
system.
· The first control strategy is a DOC ready system. This strategy indudes the
engineering, documentation. programming, training on how to run the system, and the
controller.sfor the equipment. Temperature control would be handled by sttmtiard
thermostats. The estimated cost is 59,650 dollars.
· The second control strategy is a WEB hosted system. This system includes all the
ftatures of the DOC ready system with the addition that the c()1l.trol system is hosted on
the controls contractors' server.. This allows the systems operation to be monitored and
modified on the web using the correctpasnvords. The estimated cost is 63; 520 dollars
plus a momhlf' charge for lhe controls contractor to host the system.
· The third control strategy is a Local Server system. Thi$ system included all the features
of the DDC ready system with the. addition that a computer with the control software
would be located on site. This allows the systems. operot... $.071 to be ft10nitore. d and
modified on site using the computer. The e.slimated cost is 69.247 dollars.
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126
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June 2, 2005
Albertville City BaU
Albertville, J\.1N
Mechanical DO Meeting
NRA Comm. No. 05~062
Meeting Notes
Page 3 .
. ilia possible 10 updat~ the DOC readyond the WEB hosted systems to a Local Serler
system in the fUture.
19. BRAA is modifying the background to add windows to the council chambers.
20. TIle dtawiugs will be modified lo sbuw (be wufenmce room and prinling room un separate
V A V boxes.
21. The elevator equipment room is being repositioned in the btsement
22. NRA will verify with the authority havingjurlsdiction that it is acceptable to have the fire
protection riser in the basem.ent.
END o.F MEETING NOTES
Please review these notes fot accuracy tmdreport
any discrepandes or corrections in a. timely manner.
.1Ilf1_9IlSl7. ....,..._i......
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TO:
FROM:
City Council
Personnel Committee
Mayor Peterson
Councilmember John Vetsch
Larry R. Kruse, City Administrator
July 27,2005
City Clerk Wage Step Increase
DATE:
RE:
BACKGROUND
Last year when we conducted a wage study, the City Clerk's position was below the starting
step. To implement the program, it was decided to create several interim steps, with interim goals
and reviews. The City Clerk has had two interim reviews and has been making progress towards
assuming the full duties of the City Clerk. Bridget Miller continues to learn and grow in the
position. In addition Ms. Miller has been attending some additional schooling at St. Cloud.
Currently, Ms. Miller is at $17.44 per hour and the current starting step for the position is $18.88
per hour. Funds are currently budgeted for this increase.
RECOMMENDATION
Grant a $1.00 per hour increase retroactive to May 1,2005.
129
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~~~~!'!tlL€
TO:
FROM:
DATE:
RE:
BDA
Tina L. Lannes
July 27,2005
Declaration of Intent to Finance City Hall
According to Paul Donna, Vice President, Partner Northland Securities, the City of Albertville
needs to adopt a resolution declaring the intent to finance the City Hall Project. Under the
current IRS Reimbursement regulations issuers often will pay capital costs out of available cash
in anticipation oflong-term financing with tax-exempt bonds. Bonds or other municipal
obligations issued to permanently finance prior expenditures in this way are commonly called
''reimbursement bonds".
The IRS issued new regulations. describing permitted uses of reimbursement bonds. Those
regulations are effective for bonds or other municipal obligations issued after June 30, 1993.
Municipalities that expect to issue reimbursement bonds are required to take actions specified in
the regulations within 60 days of when the expenditures to be reimbursed are made.
Declaration of Intent
Under the June 1993 regulations, if a current expenditure is to be permanently financed by a later
issue of tax-exempt obligations, the municipality must declare its reasonable intent to do so
within 60 days after the expenditure is made. Without this declaration of intent, the ability to
obtain permanent tax-exempt financing for that expenditure is lost (unless the preliminary
expenditure or deminimus exceptions described below apply).
STAFF RECOMMENDATION
Staff is requesting Council to adopt the resolution for the intent to finance the City Hall.
CITY €OUNCIL ACTION REQUESTED
Motion to approve the resolution adopting the intent to fmance the City Hall.
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ALBERTVILLE ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. 2005-29
DECLARING THE OFFICIAL INTENT OF THE
ALBERTVILLE ECONOMIC DEVELOPMENT AUTHORITY
TO REIMBURSE CERTAIN EXPENDITURES FROM
THE PROCEEDS OF BONDS TO BE ISSUED BY THE AUTHORITY
WHEREAS, the Internal Revenue Service has issued Treas. Reg. ~ 1.150-2
(the "Reimbursement Regulations") providing that proceeds of tax-exempt bonds used to reimburse
prior expenditures will not be deemed spent unless certain requirements are met; and
WHEREAS, the Albertville Economic Development Authority (the "Authority"), or the
City of Albertville on behalf of the Authority, expects to incur certain expenditures that may be
financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax-
exempt bond;
WHEREAS, the Authority has determined to make this declaration of official intent (the
"Declaration") to reimburse certain costs from proceeds of bonds in accordance with the
Reimbursement Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF THE ALBERTVILLE ECONOMIC DEVELOPMENT AUTHORITY AS FOLLOWS:
1.
project.
The Authority, in cooperation with the City, proposes to undertake the following
City Hall
2. The Authority, or the City on behalf of the Authority, reasonably expects to
reimburse the expenditures made for certain costs of the Project from the proceeds of bonds in an
estimated maximum principal amount of $3.700.000.00 . All reimbursed expenditures will be
capital expenditures, costs of issuance of the bonds, or other expenditures eligible for
reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations.
3. This Declaration has been made not later than 60 days after payment of any
original expenditure to be subject to a reimbursement allocation with respect to the proceeds of
bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount
not in excess of $3,700,000 or 5 percent of the proceeds of an issue; or (c) "preliminary
expenditures" up to an amount not in excess of 20 percent of the aggregate issue price of the issue
133
or issues that finance or are reasonably expected by the Authority to finance the project for which
the preliminary expenditures were incurred. The term "preliminary expenditures" includes
architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to
commencement of acquisition, construction or rehabilitation of a project, other than land
acquisition, site preparation, and similar costs incident to commencement of construction.
4. This Declaration is an expression of the reasonable expectations of the Authority
based on the facts and circumstances known to the Authority as of the date hereof. The
anticipated original expenditures for the Project and the principal amount of the bonds described
in paragraph 2 are consistent with the Authority's or the City's budgetary and financial
circumstances. No sources other than proceeds of bonds to be issued by the Authority are, or are
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside
pursuant to the Authority's or the City's budget or financial policies to pay such Project
expenditures.
5. This Declaration is intended to constitute a declaration of official intent for
purposes of the Reimbursement Regulations.
(The remainder of this page is intentionally left blank.)
134
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Approved by the Board of Commissioners of the Albertville Economic Development
Authority this day of , 2005.
ALBERTVILLE ECONOMIC
DEVELOPMENT AUTHORITY
Attest:
President
Secretary
135
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.lIr
June 6, 2005
Mayor Fournier and Otsego City Council
Otsego City Hall
8899 Nashua Avenue NE
Otsego, MN 55330-7314
RE: 70th Street Access Study
Cities of Otsego and Albertville
HAA Project No. OT918
Honorable Mayor and City Council:
Per your request, we have reviewed the March 3, 2005 memorandum from Ms. Heather Kienitz,
P.E. of SEH, Inc., to Mr. Larry Kruse, Albertville City Administrator, and to Mr. Mike
Robertson, Otsego City Administrator. In general, we would agree with Ms. Kienitz's findings
and recommendations supporting ~ mile spacing of full-access intersections along 70th Street
between Maciver Avenue and Kadler Avenue. However, we were not furnished with a copy of
Figure 3, as referenced in her second (2nd) recommendation, and, therefore, we are unable to
comment specifically on her recommended seven (7) access locations along this segment of 70th
Street. Later in this letter, we will comment on each of the nine (9) access locations shown on
the Figure 1 Exhibit and suggest some alternative access locations on attached Figure 2
(modified from Figure 1 Exhibit).
From a transportation engineering standpoint, the fewer the number of conflict points
(intersections) along a roadway, the better the traffic flows, speed and safety. But with no means
of access ont%ff of that roadway, there would be no traffic to serve. Hence, the functional
classification of roadways to identify their primary role of providing access to the adjacent
properties (for local streets) versus providing mobility (for freeways). Moving up the functional
classification system (from local to collector to arterial to expressway to freeway), the pendulum
swings from placing the greatest emphasis on access to prioritizing the mobility (speed and
safety) function.
In this specific case of 70th street between Kadler A venue and Maciver Avenue, the Northeast
Wright County Transportation Study identified higher traffic volumes and a greater need for
mobility on the north-south roadways of Kadler Avenue, LaBeaux Avenue (CSAH #19) and
Maciver A venue, to ~et traffic to/from the 1-94 corridor via interchanges, than on the east-west
roadways such as 70t Street to get to TH #101. Hence, a greater need for access control (wider
intersection spacing) along Kadler, LaBeaux and Maciver than along 70th Street.
Secondly, the proposed land uses and urban development (with public sanitary sewer and
watermain) along this segment of 70th Street results in greater population densities and higher
volumes of trip generation than will occur in the more rural areas with individual on-site wells
and septic systems. Thus a need for more points of access, but probably at a lesser travel speed
of about 45 mph, along this segment of 70th Street.
iO_. ...-;.
Mayor Fournier and Otsego City Council
June 6, 2005
Page 2
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We would recommend a l;4 mile spacing of full-access intersections along 70th Street between
Kadler Avenue and Maciver Avenue, with an absolute minimum spacing of 1,000 feet, in order
to fully develop the auxiliary right and left turn lanes along this ultimate.4-lane divided roadway.
To the greatest extent possible, each full-access intersection should have 4 approach legs and the
number of intermediate intersections, which would be limited to right in lright out turn
movements along 70th street, should be minimized.
In the future, the signalization of full-access intersections along this segment of 70th Street
should be limited to Y2 - mile minimum spacing to promote traffic progression, coordination and
mobility. The additional, full-access intersections (at l;4 mile spacing) along 70th Street to the
existing and proposed commercial, retail, higher density residential developments along it will
also decrease the required green time to accommodate left-turns and side street traffic (70th
Street) along Maciver, LaBeaux and Kadler Avenues when signalized in the future. Thus again
providing more green time and greater mobility along those north-south arterial routes.
With respect to the nine (9) access locations shown on Figure 1 of the SEH memo, I would offer
the following comments:
.
· Access #1 - proposed as full access tee intersection, with south leg non-existing at this
time, located 3/8 mile east of Kadler Avenue, which does not facilitate l;4 mile full-access
intersection spacing being proposed;
· Access #2 - proposed as right-in/right-out tee intersection located Y2 mile (midway) from
Kadler Avenue and from LaBeaux (CSAH #19) Avenue with north leg existing. The
location promotes l;4 mile full-access intersection spacing being advocated and would
provide Y2 mile spacing for future coordinated signal system;
· Access #3 - proposed as full-access, 4-legged intersection located 1/3 mile west of
LaBeaux Avenue (CSAH #19) with north leg existing and south leg non-existing. The
location does not promote the ~ mile full-access intersection spacing being promoted;
· Access #4 - proposed as full-access tee intersection, with south leg non-existing and
located 1/8 mile west of LaBeaux Avenue (CSAH #19). The intersection is too close to
CSAH #19 for full-access and does not promote the ~ mile spacing being advocated;
· Access #5 - same as access #4, but located 1/8 mile east rather than west, of LaBeaux
Avenue (CSAH #9);
· Access #6 - proposed as right-in/right-out tee intersection with existing north leg and
located just short of ~ mile east of LaBeaux Avenue (CSAH #19). The location supports
the proposed ~ mile full-access intersection spacing being advocated;
. Access #7 - proposed as full-access 4 legged intersection, located Y2 mile (midway) from
LaBeaux A venue and from Maciver with existing north leg and proposed south leg. This
location and 4 approach legs support the proposed ~ mile, full-access intersection
spacing and would provide the desired Y2 mile minimum spacing between, potential
signal systems;
· Access #8 - proposed as full-access 3 legged intersection, located ~ mile from MacIver
Ave. The location supports the desired ~ mile, full-access intersection spacing; and
.
OT918mfccmemo
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Mayor Fournier and Otsego City Council
June 6, 2005
Page 3
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. Access #9 - proposed right-inlright-out tee intersection located 1/8 mile west of Maciver
A venue with non-existing south leg. The intersection is too close to the Maciver A venue
for full-access and does not promote the ~ mile, full-access intersection spacing being
advocated.
Based on the ~ mile spacing being advocated by the Cities of Albertville and Otsego along 70th
Street between Kadler Avenue and Maciver Avenue, I would encourage the two (2) Cities to
cooperatively review, plan and design the desired access locations. Alternatives to be
considered, as shown on attached Figure 2, might include:
L)
2.)
3.)
4.)
5.)
. 6.)
The elimination of Access #1 and the creation of a full-access, 4-legged intersection
further west (about ~ east) of Kadler Avenue through the creation of local collector
streets (as shown in green) within the development areas in both Cities;
Converting Access #2 to a full-access, 4-legged intersection by extending a leg to the
south;
Limiting Access #3 to right-inlright-out access for both Cities;
Relocating Access #4 to the west to achieve ~ mile spacing (1,000' mInImUm
spacing) from LaBeaux Avenue for full-access intersection with local collector street
extensions to the north and south as shown in green on attached Figure #2;
Relocate Access #5 to the east to align with Access #6 and make a full-access, 4-
legged intersection at that location, and
Relocate Access # 8 and #9 to a single full-access, 4-legged intersection located about
~ mile west of Maciver A venue.
I would be happy to meet with City staff, the City's Planning Commission andlor City Council
and representatives of the City of Albertville to review and discuss this issue. If you have
questions, need additional information or wish to discuss this matter in greater detail please
contact me.
Sincerely,
Hakanson Anderson Associates, Inc.
James E. Johnson, P.E.
Transportation Engineer
CC: Mr. Mike Robertson, Otsego City Administrator
Mr. Larry Kruse, Albertville City Administrator
Mr. Bob Moberg, SEH, Inc.
Mr. Ron Wagner, Otsego City Engineer
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EXHIBIT A
FUTURE 70TH STREET ACCESS PLAN
. Intersection #1: (Located 3/16 mile east of Kadler Avenue along 70th Street) -limited to
right in and right-out on both sides of 70th Street;
. Intersection #2: (Located Y2 mile east of Kadler Avenue and ~ mile west ofCSAH #19
along 70th Street) - full access intersection to north and south with wetland mitigation
and replacement for south leg to occur in Otsego;
. Intersection #3: (Located 5/16 mile - 3/8 mile west of CSAH #19 along 70th Street) -
right in/right out intersection on north side only;
. Intersection #4: (Located 3/16 mile west of CSAH #19 along 70th Street) - full access
intersection to north and south;
. Intersection #5: (Located 800' east of CSAH #19 along 70th Street) - right in/right out
for south leg and right in only for north leg.
. Intersection #6: (Located 1,500' east of CSAH #19 along 70th Street) - right in/right out
intersection on north side only;
. Intersection #7: (Located Y2 mile east of CSAH #19 and Y2 mile west of Maciver along
70th Street) - full access intersection to north and south;
. Intersection #8 (Located 1,500' west of Maciver along 70th Street) - full access
intersection to north only;
. Intersection #9 (Located 1/8 mile west of Maciver along 70th Street) - right in/right out
to south only;
. Intersection #10 (Located ~ mile east of Maciver along 70th Street) - full access
intersection to north and south;
. Intersection #11 - Maciver Avenue at nnd Street (Located 1/8 mile north of 70th Street
on Maciver) - full access intersection to east and west;
. Intersection #12 - Maciver Avenue at 6ih Street (Located ~ mile south of 70th Street on
Maciver) - full access intersection to east and west;
. Intersection #13 - CSAH #19 at 67th Street (Located 5/16 mile south of 70th Street on
CSAH #19) - full access intersection to east and west;
. Intersection # 14 - CSAH #19 at 68th Street (Located 1/8 mile south of 70th Street on
CSAH #19) - right in/right out to east and west;
. Intersection #15 - CSAH #19 at 73rd Street (Located ~ mile north of 70th Street on
CSAH #19) - full access intersection to east and west; and
. Intersection # 16 - Kittredge Parkway at Kadler A venue (Located 5/16 mile north of 70th
Street on Kadler Avenue) - full access intersection to east and west.
,I.,......" .--
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CITIES OF OTSEGO AND ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
CITY OF OTSEGO RESOLUTION NO.
CITY OF ALBERTVILLE RESOLUTION NO.
JOINT RESOLUTION OF THE CITY OF OTSEGO AND CITY OF
ALBERTVILLE ADOPTING A JOINT STREET ACCESS LOCATION PLAN
FOR 70TH STREET A SHARED ROADWAY
WHEREAS, 70th Street is a shared boundary road between the Cities of Otsego and
Albertville; and
WHEREAS, the Cities and their staff have met on various occasions to discuss shared
concerns about future accesses to 70th Street which will serve both Cities as an arterial
roadway and which may eventually become a major east west connection and possibly a
future County road; and
WHEREAS, the purpose of these meetings was to arrive at agreement between the two
cities as to the number and type of accesses which would be permitted to 70th Street; and
WHEREAS, the Cities have agreed upon a designation of particular access points and
limitations on those access points as set forth on the attached Exhibit A and as
graphically depicted on Exhibit B (Concept Plan Option lA dated July 7,2005 and
prepared by Hakanson Anderson Assoc., Inc.); and
WHEREAS, the Cities agree that the adopted access points and conditions of access will
be used by both Cities in future planning of development in either City potentially
accessing 70th Street.
NOW THEREFORE, BE IT RESOLVED that the Otsego City Council and the
Albertville City Council do both adopt the following:
1. Both Cities do hereby adopt the Access Points and their limitations as set forth on
Exhibit A and as graphically depicted on Exhibit A.
2. That said access points and conditions shall be utilized by both Cities in future
development planning in both Cities adjacent to or potentially connecting to 70th
Street.
1
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ADOPTED by the Otsego City Council this _ day of July, 2005.
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Judy Hudson, City Clerk
ADOPTED by the Albertville City Council this _day of July, 2005.
. IN FAVOR:
OPPOSED:
Larry Fournier, Mayor
CITY OF ALBERTVILLE
Bridget Miller, City Clerk
.
2
Don Peterson, Mayor
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Larry Kruse
e From:
Sent:
To:
Cc:
Subject:
Jaimison Sloboden Osloboden@sehinc.com]
Monday, August 01, 2005 9:45 AM
Larry Kruse
Scott McBride; Bob Moberg; Scott Hotchkin
Interchange costs
phasing plan.pdf
(29 KB)
Larry:
I have my time blocked off on Wed morning to be available via conference call for your
meeting with the Tinklenberg Group.
Here is the phasing plan and construction cost estimates. There are two significant
changes:
1. The 1-94 bridges over 1-94 were estimated based on reconstructing a
4-lane bridge not a 6-lane bridge.
2. The CD road costs have been significantly reduced due to revising the
pavement thickness to the likely pavement design. The pavement thickness reduction in he
estimate reduced the costs.
The original cost estimates were prepared over a year ago, the thought at the time was to
provide the council with their costs of the project, oversizing was assumed to be an added
eMN/DOT cost. We lost track of this point over the last year as the project repeatedly was
started and stopped.
As the project moves forward the cost estimates will change as a result of better detailed
plans and revised construction costs. This caution needs to be emphasized with the
council.
Here is a graphic illustrating the phasing plan and costs. Please call me if you have
questions.
(See attached file: phasing plan.pdf)
Jaimie Sloboden, P.E.
SEH Inc.
(651) 490-2195
e
1
Construction Cost
$3.67 Million
3
.
-Build Eastbound CD Road,
restores access for EB CR 37
-Phase 1-3 = Option "2b"
-"2b" as a stand alone project
= $14.04 million
Construction Cost
$2.46 Million
Total Cost all phases
$19.41 million
SEH
CR 19/CR 37 Interchange Access Request
City of Albertville
Figure 1
Phasing Plan and
Estimated Construction Costs
August 1 , 2005
.
.
~-
.
Page 1 of2
Larry Kruse
,-,<~~"""",,~~~'-"''''''''''''''~-''''''-~~''''--''''''''''''''~''''-''''''''''~-~'''''''~''---'-'--''~'''''''-~'''''''~~''---------''''-",........~,~_--.-....,---_.,~,-..."-,,,....--.~"'"'^""'--
From: Matuska, Mark [Mark.Matuska@mail.house.gov]
Sent: Friday, July 29, 2005 3:01 PM
To: Matuska, Mark
Subject: FW: Congressman Kennedy Secures Over $64 Million For Key Sixth District Transportation
Projects
Thought everyone might be interested! Have a great weekend!
Mark
-----Original Message-----
From: Mason, Anne
Sent: Friday, July 29, 2005 10:50 AM
To: Mason, Anne
Subject: Congressman Kennedy Secures Over $64 Million For Key Sixth District Transportation Projects
Congress of the United States
Representative Mark Kennedy
1415 Longworth House Office Building
Washington DC, 20515
Release
For Immediate Release
Friday, July 29, 2005
Contact:
Anne Mason
P: 202.225.2331
C: 202.210.5742
Congressman Kennedy Secures Over $64 Million
For Key Sixth District Transportation Projects
Washington, D. C. -- Congressman Mark Kennedy, a member of the Transportation and Infrastructure Committee
today helped pass the Conference Report of the highway bill that includes key transportation projects for the Sixth
District:
"I'm pleased that four years of hard work has paid off," said Congressman Kennedy. "One of my top priorities
since coming to Congress has been to make sure our transportation projects get the funding they need.
This is a starting point for significant transportation improvements."
"I've received input from people across the Sixth as the process moved forward, and I am happy with the
outcome so far given our difficult budget times," said Congressman Kennedy. "All Minnesotans should
spend less time stuck in traffic and away from our families. This bill helps us meet that goal."
· $ 13 Million for design, acquisition of right of way and utility relocation and construction for 81. Croix River
Crossing.
8/1/2005
.
.
.
Page 2 of2
· $ 8.8 Million construction and acquisition of right of way of 8th street north in S1. Cloud.
· $ 7.2 Million construction and right-at-way acquisition tor interchange at TH 65 and TH 242 in Blaine.
· $ 4.8 Million to replace Sauk Rapids Bridge.
· $ 4 Million tor Highway 55 connecting Wright and Stearns County to the metro area.
· $ 7.1 Million tor construction and acquisition at right at way tor the Highway 23 bypass ot Paynesville.
· $ 6.6 Million design, construct, and expand TH 241 in the city of S1. Michael.
· $ 2.4 Million for city of S1. Cloud Metro Area right of way acquisition and corridor protection efforts.
· $ 2.4 Million tor a new interchange in Forest Lake for Interstate 35 at Broadway.
· $ 2 Million for Highway 10 corridor improvement and design between the cities of Blaine and S1. Cloud.
· $1.04 Million for Environmental review for improvement along the entire US10 corridor.
· $ 800,000 for 1-35 in Uno Lakes for removal of bottleneck at Main S1. interchange.
· $ 800,000 for design of a new interchange for Trunk Highway 169 in Zimmerman.
· $ 800,000 for a study of a new river crossing connecting Trunk Highway 10 and 1-94 between US 169 and
TH 101.
· $ 800,000 for 10th street in S1. Cloud to expand the 10th Street bridge.
· $ 800,000 for 1.94 access and interchange improvement, at CSAH 19 and CSAH 37 in Albertville.
· $ 400,000 for Stillwater Bridge tor Environmental Assessment of the preferred approach to the new S1.
Croix River crossing.
· $ 400,000 for 1-94 Woodbury for design tor the planned improvement of the Radio Drive corridor.
###
Anne Mason
Communications Director
Congressman Mark Kennedy
Phone: 202.225.2331
Fax: 202.225.6475
Cell: 202.210.5742
8/1/2005
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.
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St. Michael City Council Minutes
Special Joint City Council Meeting with Albertville - July 25, 2005
CALL TO ORDER ROLL CALL
7:00 P.M.
Pursuant to due call and notice a special joint meeting of the St. Michael and Albertville City
Councils was held on Monday, July 25, 2005, in the Board Room of the Joint Powers Water Board
offices on 50th Street N .E. in Albertville at 6:30 p.m.
Present: Albertville Mayor Don Peterson; Council Members Tom Fay and John Vetsch; Albertville
City Administrator Larry Kruse; St. Michael Mayor Jerry Zachman; Council Members Dean
Eggert, Joe Marx, and Cindy Weston; St. Michael City Administrator Robert Derus and City Clerk
Carol Beall.
Ribbon Cutting for 50th Street Trail
Since it was raining, a decision was made to do an indoor ceremonial Ribbon Cutting for the 50th
Street Trail, a joint effort with both the Cities of Albertville and St. Michael, as well as S1. Michael-
Albertville School District 885. Pictures were taken and will be forwarded to the North Crow River
News for publication.
Call to Order
Albertville Mayor Don Peterson called the meeting to order at 6:45 p.m., turning the meeting over
to St. Michael City Administrator Bob Derus for discussion on a Senior Center.
Senior Center
S1. Michael Administrator Bob Derus introduced the subject of S1. Michael's plans to establish a
Senior Center. He explained S1. Michael is preparing to sign a lease for approximately 1,000 square
feet of space in the Colonial Mall as a starting point. The City will also be contracting with Senior
Community Services to run the senior program for the City, with a senior coordinator to be hired.
Derus further stated it is anticipated a 5,000 square-foot Senior Center will be a part of a future
Fitness/Community Center project, with Senior Community Services continuing to run the program.
Derus said it is expected residents from Albertville, most particularly former St. Michael Senior
Citizens who have moved to Albertville, will use the St. Michael services. Derus said the seniors
were looking for some place to meet where there would be programming and congregate dining
provided. He then discussed the committee established to help plan a community center and its
community needs. He said John Vetsch from the Albertville Council is on the committee, as well as
Mayor Zachman from St. Michael, representatives from the park board, school district, community
ed, sports groups, FYCC, etc. Mayor Zachman interjected that St. Michael is moving forward with
a plan for the seniors and invited any input from Albertville, indicating the offer is open for their
participation if they are interested. Albertville indicated the Lions were asked if they would want to
participate in Albertville, as Albertville plans for a new City Hall, which will have 3,500 square feet
of space for community rooms, including Council Chambers and an 18')(20' kitchen. Mayor
Peterson said he felt a separate places were needed for Albertville seniors and for St. Michael
seniors. He could see where they might do some organized activities together, but felt each needed
their own space to meet. It was pointed out that seniors generally do not just get together by
themselves. They need someone to plan for them. There was also discussion about the possibility of
having one director for the two groups with a location in both places. There was discussion on how
programs work in other communities, a fair way to share expenses if that were to be done, and other
issues, such as where congregate dining might take place and costs associated with that. It was
agreed facility space is expensive to duplicate, but seniors also want convenience.
Funding Formula
Albertville Administrator Larry Kruse suggested reviewing information that had been given to the
Council members from each of the Cities on the parks and team sport amenities available in each
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Special Joint City Council Meeting Cities of Albertville and St. Michael-July 25, 2005 - Page 2
city. In addition, he had provided population estimates for the cities, as well as 2004 taxable market
value, from which he derived average percents. Next Kruse explained a Funding Analysis
spreadsheet he had prepared for a possible start on establishing some kind of a formula to determine
a fair and equitable way to share costs on projects of mutual interest and benefit. In addition to
using the averages percents derived from the Population/Taxable Market Value, which came to
approximately 30% Albertville and 70% St. Michael, a 25% location incentive could be charged to
the hosting City. Amounts could then be prorated based on the average of preceding years'
population and market value in each City. This seemed to be a good starting point for discussion of
a possible funding formula. Individual projects could be looked at for any overriding or unique
concerns. For example the 25% location incentive would not seem to be appropriate in some cases.
Fitness/Community Center Update
Derus said the Fitness/Community Center subject had been discussed somewhat when discussing
the Senior Center. He explained St. Michael is negotiating at the present time with Syntregy/Gold's
Gym for a Fitness/Community Center in Town Center of St. Michael. Derus provided the group
with an analysis sheet used to compare YMCA and Syntregy (Gold's Gym) proposals. Derus said
the City is kooking at a letter of intent from Gold's to build the facility. There are a number of
issues to consider and that is part of the planning group currently meeting.
Mayor Peterson expressed his personal displeasure with the handling of the YMCA issue. He said
he spent two years in meetings and then Albertville was left out of the picture. There were some
explanations of how it came to this point and some of the misunderstandings and rumors heard in
both cities. Derus said that frankly the YMCA proposal was disappointing. All felt they had done
their homework before this stage was reached. Peterson reiterated he did not like the way it was
handled. Peterson then discussed the possibility ofthe Joint Water Board giving a break or waiving
hookup fees, with the potential for residents of Albertville/Hanover/St. Michael getting resident
discounts. Vetsch felt cooperating in some way on pool issues, such as buying so much time, might
be more appropriate. There was no consensus on these issues. Day passes would also be offered by
Gold's, but the YMCA did not have that potential.
Larry Kruse reported a call from Greg Voss asking whether this was an exclusive agreement and
indicating they are still looking at pursuing something in the area for YMCA. The YMCA had
received substantial donations, with interest from area businesses.
Parks. Trails and Other Recreational Planning
Discussion turned to planning for parks, trails and other recreational facilities. One of the subjects
discussed was the soccer program and soccer fields. It seems the soccer groups are interested in
playing and practicing where there are a number of fields together, which means some are over-
utilized, leaving St. Michael subsidizing the program and making for parking problems, etc, while
other fields are underutilized. It was agreed the City Administrators would try to meet with the
soccer people to communicate the problem and see if it is possible to come to some kind of an
equitable solution.
Public Library Funding and Future Construction Plans
Derus discussed future expectations for the public library. He said within the next couple of years,
the City will be looking at a new facility. It was agreed the formula discussed earlier might work
well in the case of a public library, with Albertville paying closer to their share in the future.
Fire Contract
Derus said St. Michael has received the Fire Contract from Albertville for the next year, and it will
be put on a future Council Agenda for approval. He explained the history of contracting for fire
coverage since the merger with Frankfort Township, but indicated once St. Michael has better
.
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Special Joint City Council Meeting Cities of Albertville and St. Michael -July 25, 2005 - Page 3
access to that area, the City will be looking at eventually taking over coverage. Derus said the new
contract involved a pretty healthy increase, and Administrator Kruse indicated this was due to
application of Gatsby 34 this year.
Location of New High School.
A future location for a new high school has not been determined. Administrator Derus said he and
Kruse have been in touch with Superintendent of Schools Marcia Ziegler. It is planned they will
tour with Ziegler to offer some input and suggestions. Mayor Peterson voiced his strong
reservations about an Otsego location. It was asked if Albertville would consider providing sewer
service if there were a site in St. Michael that could not be served by St. Michael, but might be more
easily served by Albertville. Some of the thoughts both for and against a large school campus were
expressed.
Arena Update. It was explained the cost for an arena expansion was put in the school bond issue.
Kruse said Arena bids would be received on September 15 with some decisions to be made.
Everyone will be kept informed.
Funding Formula. Larry Kruse asked if the group could reach some kind of a consensus on the
funding proposal and whether it looks reasonable as a starting point for working together, leaving it
at the four items mentioned-Library, Senior Center, Soccer Fields and Arena--to work together on,
without making a specific commitment. Better numbers will be put together.
Friendly Competition between St. Michael and Albertville
St. Michael Council Member Joe Marx had suggested a little friendly competition between the two
Councils and staff such as a tug of war, horseshoes or softball, perhaps as part of St. Michael's
Heritage Days Celebration, and perhaps it could then be done again for Friendly City Days, with a
moving trophy. After discussion, a short softball game on Friday, September 9, 2005, was
suggested. St. Michael will confirm the challenge. There was also brief discussion on how to use
any funds received. The library was one suggestion.
Discussion
St. Michael Council Member Joe Marx asked Albertville if they had ever considered organized
garbage collection. They had done so some years ago, but decided against pursuing it for a number
of reasons. Discussion followed on the advantages and disadvantages of organized garbage service
both for the cities and for residents.
Future Meetings
It was commented this was a beneficial meeting; however, no specific future meetings were set at
this time. The two Councils will be meeting with the District 885 School Board August 29, 2005.
Adjourn
Mayor Zachman called for a motion to adjourn. Council Member Vetsch moved and Council
Member Eggert seconded the motion to adjourn the meeting at approximately 8:55 P.M. All voted
aye.
Attest:
City Clerk
Mayor