2005-09-06 CC Packet
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ALBERTVILLE CITY COUNCIL
AGENDA
Tuesday, September 6, 2005
7 :00 PM
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER - ROLL CALL - ADOPT AGENDA
3. MINUTES
a. August 15,2005 City Council Minutes
4. CITIZEN FORUM - (10 Minute Limit)
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5. CONSENT AGENDA
a. Approve payment of claims check numbers 021805 to 021876
b. Approve Bolton and Menk mc.'s recommendation for Pay No.1 for Mud Lake
Watermain Crossing to Ellingson Drainage in the amount of$63,104.60
c. Approve Bolton and Menk lnc.'s recommendation for Pay No.1 for Hunter's Pass
Estates Lift Station to CCS Contracting in the amount of$47,310.00
6. ACTION ON PULLED CONSENT ITEMS
7. LIVE MUSIC REQUEST PERMIT: 152 CLUB, SEPTEMBER 24, 2005
(7:00 p.m. to 11:00 p.m.)
8. DEPARTMENT BUSINESS
a. Finance
1). Accounts Receivable Written Report
2). Project Status Update
3). Preliminary Budget
4). Resolution No. 2005-33 entitled (2005 Proposed Tax Levy Collected in
2006)
b. Public Works - Wastewater Treatment Plant
1). Public Works Department Written Report
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c. Fire Department
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AFFIDAVIT OF POSTING
STATE OF MINNESOTA)
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COUNTY OF WRIGHT )
Bridget Miller , being first duly sworn, says that on the 2nd day of
September , 2005 Bridget Miller posted the documents as
shown on the reverse side a true copy of each thereof at 2:30 p.m. at the
Albertville City Offices in the window, at the City of Albertville, County of
Wright, State of Minnesota.
Subscribed and sworn to before me this~day of 'k,~ ,2005.
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Notary Public
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1). Purchase Air Packs
2). Pumper Truck
3). National Incident Management
d. Planning Department
1). LaBeaux Station
a). Final Plat
b). Council Findings of Facts and Decisions
c). Developer's Agreement
2). Smackdown's
a). Rear yard Variance
3). Albertville Hotel/W ater Park
a). General Concept Plan Review
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e. Engineering
1). Project Status Update
2). Albertville City Park Hockey Rink
3). Wright County Garage
4). Edina Development Restoration Project
5). Prairie Run Preliminary Landscape Cost Opinion
6). Resolution No. 2005-34 entitled (Setting Public Hearing on Proposed
Assessment)
f. Legal
1). Set Public Hearing for Liquor License Fees
g. Administration
1). Written Report
2). Charity Challenge - Team Name
9. OTHER BUSINESS, MINUTES AND MATERIALS
a. City ofOtsego - Notice of Public Hearing
b. Wright County Monthly Report
c. Joint Powers Water Board August 22, 2005 minutes
10. ADJOURNMENT
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AFFIDAVIT OF POSTING
STATE OF MINNESOTA)
) SS.
COUNTY OF WRIGHT )
Bridget Miller , being first duly sworn, says that on the 2nd day of
September , 2005 Bridget Miller posted the documents as
shown on the reverse side a true copy of each thereof at 2:30 p.m. at the
Albertville City Offices in the window, at the City of Albertville, County of
Wright, State of Minnesota.
Subscribed and sworn to before me this~day of ~ ,2005.
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Notary Public
\~fs'l.ObU~;' LANNES
N'O"~-MINNESOTA
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ALBERTVILLE CITY COUNCIL
August 15, 2005
Albertville City Hall
7:00 PM
PRESENT: Mayor Don Peterson, Council members John Vetsch, Ron Klecker, LeRoy
Berning, and Tom Fay, City Attorney Mike Couri, City Planner Al Brixius, City Engineer Mark
Kasma, City Administrator Larry Kruse, and City Clerk Bridget Miller
Mayor Peterson called the Albertville City Council meeting to order at 7:00 p.m. followed by the
Pledge of Allegiance.
ADOPT AGENDA
MOTION BY Council member Klecker, seconded by Council member Berning to approve the
agenda as amended and on file in the office of the City Clerk. Motion carried unanimously.
Adding the following items:
8.3.6. Pelican Lake Presentation
8.3.7. Downtown Redevelopment Meeting Update
8. 3. 8. Correspondence regarding 13M Antennas
8. 3. 9. Website and Newsletter
8.3. 10. Sidewalk and Trails
MINUTES
MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the
August 1,2005 regular City Council minutes as presented and on file in the office of the City
Clerk. Motion carried unanimously.
CITIZEN FORUM
Dokor Dejvongsa, Attorney representing a builder who owns a couple of lots in Albert Villas 4th
Addition. She wanted to know when building permits would be released as the builder has a
loan which is building up expenses.
Mayor Peterson informed Ms. Dejvongsa this would be discussed later in the meeting under
Legal.
CONSENT AGENDA
MOTION BY Council member Fay, seconded by Council member Berning to approve the
consent agenda pulling item b. Motion carried unanimously.
. a. Approve payment of claims check numbers 021745 to 021799
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b. Approve S.E.H.'s recommendation for Pay No. 11 (Final) for Public Works Facility .
Design and Construction to Ebert Construction in the amount of $24,627.57
c. Approve S.E.H.'s recommendation for Pay No.1 for 2005 CSAH 37 Trail to Omann
Brothers, Inc. in the amount of$37,686.00
d. Approve S.E.H.'s recommendation for Pay No.3 for Wastewater Treatment Facility
Upgrade to Gridor Construction, Inc. in the amount of $413,049
e. Approve the S.E.H. Engineer's recommendation to reduce the Letter of Credit for Towne
Lake 5th Addition from $713,475 to no less than $569,000
f. Approve Bolton and Menk Inc.'s recommendation for Pay No.1 (Final) for 2005 Seal
Coat Improvements to Pearson Bros., Inc. in the amount of$14,414.40
g. Approve Bolton and Menk Inc.' s recommendation for Pay No. 1 for 2005 Street Overlay
Improvements to Universal Enterprises ofMid-MN, Inc. in the amount of$50,831.13
h. Approve Resolution No. 2005-29 entitled (A Resolution Approving a New Gambling
License for the Albertville Lions at 152 Club)
i. Approve Resolution No. 2005-30 entitled (A Resolution Approving a New Gambling
License for the Albertville Lions at Cedar Creek)
j. Approve Resolution No. 2005-31 entitled (A Resolution Approving a New Gambling
License for the Albertville Lions at Geez Sports Bar)
k. Approve Resolution No. 2005-32 entitled (A Resolution Approving a New Gambling
License for the Albertville Lions at Major's Grille and Bar)
ACTION ON PULLED CONSENT ITEMS
City Administrator Kruse wanted to postpone item b. Approve S.E.H.'s recommendation for Pay .
No. 11 (Final) for Public Works Facility Design and Construction to Ebert Construction in the
amount of $24,627.57 until a later Council meeting.
ST. MICHAEL SENIOR CENTER (Laural Kenney)
Laural Kenney brought to the Council's attention the Senior Center that would be located in S1.
Michael and inquired if Albertville would be interested in participating in the Center. Ms.
Kenney and Ben Withhardt would be asking the City of Hanover if they would be interested in a
community Senior Center. Mr. Withhardt commented it would be a joint effort of the three
communities. Ms. Kenney and Mr. Withhardt have inquired around the Albertville area if there
was interest in a Senior Center. Following this introduction, what we would like to do next is
meet with the City Administrators from the three cities to inquire about funding the center. After
meeting with the City Administrators we would have a more formal presentation to the Council.
Mayor Peterson wanted to make sure that some of the activities would take place in Albertville
when the New City Hall is completed.
Mr. Withhardt informed the Council they have nine Senior Centers within the metro area, which
are supported by joint communities. They would do their best to coordinate activities throughout
the facilities available. They would take into consideration the suggestion of transportation to
other facilities if available.
Mayor Peterson stated it appears to be a consensus of the Council to proceed with a joint center .
taking the suggestions into consideration.
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DEPARTMENT BUSINESS
BUILDING DEPARTMENT UPDATE
Building Official Sutherland gave a brief update on the building progress activity for the month
of July. He brought to the Council's attention the permit report will not accurately reflect the
activity and the necessary work because we are still not releasing permits due to developer
Issues.
Building Official Sutherland went on to discuss looking to the future and brainstorming a few
items. He wanted the Council to consider a number of items to include Housing Maintenance,
Scattered Site Acquisition, Review of the existing Rental Ordinance, and Truth in Housing
Ordinance. He suggested a workshop to discuss possibly updating or initiating these into the
City's progress.
ENGINEERING
Bolton and Menk Monthlv Reoort
City Engineer Kasma reviewed the progress report focusing on the Signal and Street
Improvements at intersection ofCty. Rd. 19 and Cty. Rd. 18 informingthem the meeting begins
at 1 :00 p.m.
S.E.H. Project Status Undate
City Administrator Kruse stated that included in your packet is the S.E.H. Project Update. If you
have any questions or concerns I will do my best to answer them.
Prairie Run/Heurim! Gradine
City Administrator Kruse went on to report that in the scope of the Prairie Run Development, an
easement agreement, a temporary construction easement, and an agreement to complete some
additional grading is necessary on land owned by Mr. Robert Heuring. Mr. Heuring is
requesting the City pay him $3.00 per yard for approximately 300 yards of excavated material,
which will be assessed back 100% to benefited properties. Staffhas explored options to
complete this work including installation of a retaining wall.
City Administrator Kruse concluded stating staff is looking for Council approval entering into an
agreement with Mr. Robert Heuring to secure a temporary easement and pay Mr. Heuring $3.00
per yard for fill, with 100% of the cost being assessed back to the project.
Council wanted staff to make sure the retaining wall is installed properly and secure.
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
City enter into an agreement with Mr. Robert Heuring to secure a temporary easement and pay
Mr. Heuring $3 per yard for fill, with 100% of the cost being assessed back to the project and as
on file in the office of the City Clerk. Motion carried unanimously.
City Administrator Kruse added that staff is also looking for Council approval on a change order
for Dennis Fehn Excavating and Construction to complete the Prairie Run grading on Mr. Robert
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Heuring's property at a cost not to exceed $7,500 again with 100% of the cost being assessed .
back to the project.
Council expressed concern on how this happened. The Engineer for the project should have
caught this prior to needing the agreement.
City Administrator Kruse explained it is a complicated project in which three engineers are
involved. Also, taking into consideration the project began as a private project then turned into a
public project.
MOTION BY Council member Berning, seconded by Council member Klecker to approve a
change order for Dennis Fehn Construction to complete the Prairie Run grading on Robert
Heuring's property at a cost not to exceed $7,500 with 100% of the cost being assessed back to
the project and as on file in the office of the City Clerk. Motion carried unanimously.
LEGAL
Karston Cove 3rd assil!IlIIlent ofDeveloner's Airreement to Albertville Limited Partners. L.L.C.
City Attorney Couri briefly stated this assignment agreement for Karston Cove 3rd Addition is a
basic agreement. It basically states that the Assignor, Woodside Karston Cove, L.L.C. desires to
assign its rights, duties and obligations in the Developer's Agreement to Assignee, Albertville
Limited Partners, L.L.C. The assignment of the Developer's Agreement requires the consent and
approval of the Albertville City Council. City Attorney Couri concluded that the agreement is in .
need of the address of Albertville Limited Partners, L.L.C.
MOTION BY Council member Vetsch, seconded by Council member Fay to approve the
Karston Cove 3rd Assignment of Development Agreement to Albertville Limited Partners, L.L.C.
and as on file in the office of the City Clerk. Motion carried unanimously.
Albert Villas Status Undate
City Attorney Couri began by stating that in the Albert Villas punch list there were nine items
that needed completion in order to release building permits. One of the items is a subordination,
which requires a signature by a person that is out of the state at this time. Therefore it is holding
up the completion.
City Attorney Couri went on to state that in Albert Villas 6th Addition the slated trail on Outlot A
was not delineated. There are three options to consider for construction of the trail.
1. Build the trail as shown on the Final Plat. In which case the section of the trail would
always be under water.
2. Build up the area to bring the grading to be buildable. This would require digging down
about three feet, bringing in better soil, and then install the trail. Therefore the section of
the trail would not be under water.
3. Build a boardwalk over the wetland area at an estimated cost of $300,000. Over time the
wood would rot requiring it to be replaced. But the section of the trail would not be .
under water.
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Mayor Peterson recommended going with Option No.2. He asked the rest of the Council their
thoughts. It was the consensus of the Council to go with Option No.2. Council member Fay
brought up the suggestion of going five feet instead of three feet.
City Attorney Couri briefed the Council on Albert Villas 4th Addition. He stated Edina
Development has outstanding bills roughly in the amount of $93,000. The City is pursuing
collection of these invoices. There are no wetland litigation issues that the City Attorney is
aware of. Albert Villas 6th Addition is current on billings and issues are complete, therefore the
City Attorney feels building permits could be released. But, it is the Council decision whether to
release the permits or not.
It is the consensus of the Council to continue holding building permits until the outstanding bills
are paid.
ADMINISTRATION
Approve quote from Kuechle Underground to remove the concrete bridge structure on Ditch 9
abutting Albert Villas Park at a cost not to exceed $4,200 with funds coming from the
Stormwater Utility Fund
City Administrator Kruse brought to the Council's attention that in Albert Villas 6th Addition
there is a large concrete bridge that goes across Cty. Ditch 9. It appears that the farmer probably
built the bridge to cross the ditch. If the bridge is left in place, it may become a nuisance with
neighborhood residents in the future. Staff is looking for Council approval to remove the
concrete bridge and restore the ditch at a cost not to exceed $4,200 as soon as possible.
MOTION BY Council member Berning, seconded by Mayor Peterson to approve the quote
from Kuechle Underground to remove the concrete bridge structure on Cty. Ditch 9 abutting
Albert Villas Park at a cost not to exceed $4,200 with funds coming from the Stormwater Utility
Fund and staff should seek payment for 100% of the cost from Edina Development as on file in
the office of the City Clerk. Motion carried unanimously.
Aoorove Ordinance No. 2005-06 entitled 2005 Albertville Municioal City Code Book
City Administrator Kruse pointed out that staff worked hard to look over the Ordinances and
brought a majority of them up to date. Sterling Codifiers did a great job preparing the Municipal
City Code for the City's review. Once the code is adopted and legal notice is published, staff
would like to hold a training session on how to look items up in the new code. City
Administrator Kruse extended an invitation to the City Council to attend the training session.
MOTION BY Council member Vetsch, seconded by Council member Fay to approve Ordinance
No. 2005-06 entitled Adoption of the 2005 Albertville Municipal City Code Book as on file in
the office of the City Clerk. Motion carried unanimously.
1-94 Phasim!: Plan
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City Administrator Kruse explained to the Council enclosed in your packets you should find a .
note from Jaimie Sloboden from S.E.H. regarding the 1-94 Phasing. Staff is looking from
direction from Council which option to pursue.
Council asked if there is a time line as to when the proposed construction will begin and when is
construction to be completed.
City Administrator Kruse stated that staff needs to find out which option the City you prefers
before we can discuss the time line. Once we have the preferred option we can then look at the
time line.
Mayor Peterson asked the Council which option each one preferred. It was the consensus of the
Council to proceed with the North / South design.
Council recommended holding a workshop to discuss more detail on the construction and how
traffic is proposed to flow throughout Albertville. Council wanted to make sure they understood
the flow should residents approach them inquiring about the layout and which way traffic will
flow.
Slidinl! Hill and Albertville Premium Outlet - Reauest for Council Action
City Administrator Kruse noted that Council has expressed an interest in the construction of a
sliding hill in Albertville. City Engineer Kasma stated is would require approximately 11,000 to
12,000 yards of material to construct a sliding hill in the rear portion of the City Park behind the .
Albertville Fire Hall.
City Administrator Kruse went on to report the Albertville Premium Outlets has a significant
amount of dirt between Phase 1 of the Mall and Welcome Furniture, which could be used.
Another option to consider is Dennis Fehn Excavating and Construction will be doing the
grading on LaBeaux Station and will have an estimated 8,000 yards of excess fill along with
some additional fill from other jobs to complete the hill.
It was the consensus of the Council not to pursue the sliding hill construction at this time.
Mayor Peterson along with other Council members expressed their concern regarding the safety
of the customers crossing CR 19 from Phase II of the Mall to Phase III.
City Attorney Couri recommended inviting one of the Regional Managers to attend an informal
meeting to discuss the issues and concerns the City Council has regarding the Albertville
Premium Outlets.
1 -94 Fundinl! Award Ceremonv
City Administrator Kruse brought to the Council's attention an 1-94 Funding Award Ceremony
to be held on Friday, August 19th at 8:00 a.m. for the construction on 1-94. City Administrator
Kruse wanted to know if any of the Council members would be available to attend.
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Pelican Lake
City Administrator Kruse informed the Council about a presentation to be made by Pelican Lake
Committee on September 20th at 6:00 p.m. in St. Michael. If any of the Council members wish
to attend they should contact the City.
Downtown Redevelooment meeting: uodate
City Administrator Kruse touched briefly on the meeting held on Wednesday, August 10th with
some of the downtown business owners. There was a pretty good turnout and the business
owners shared their concerns and interests. We plan on holding an additional meeting in about a
month.
Corresoondence reg:arding: 13M Antennas located along: 1-94
City Administrator Kruse brought to the Council's attention the correspondence the City
received regarding the installation of antennas within the City of Albertville.
City Website and Newsletter
Council member Berning expressed concern in regards to the City Web site. It was brought to
staff's attention that the agendas should be put on the web site in a more timely manner should a
resident want to attend a Council meeting so they could find out what is on the agenda.
. Council member Berning wanted to know when the next Newsletter was coming out. The
Newsletter should be mailed out on a bi-monthly basis.
Staff will look into the Web site to make sure the agendas and minutes are posted on the Website.
Staff reported the last Newsletter went out the end of May in time for Friendly City Days. The
next mailing was the Parks and Recreation Survey.
City Sidewalks and Trails
Council member Klecker brought to staff's attention the condition of sidewalks throughout
Albertville. During construction the developer installs the sidewalks, then they build the houses
and drive over the sidewalks causing them to break and crack with the heavy equipment leaving
the sidewalk looking terrible. This should be monitored for repair or replace of the sidewalk.
Council member Berning brought up the 50th Street NE and CR 18 trail. It appears to be an
unacceptable trail. The way it winds around it becomes an eyesore for the City. These projects
need to be overseen.
ADJOURNMENT
MOTION BY Council member Vetsch, seconded by Council member Klecker to adjourn at
9:06 p.m. Motion carried unanimously.
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City of Albertville
Check Detail Register
September 6, 2005
Check Amt Invoice Comment
Total AFLAC
Paid Chk# 021806 9/6/2005 ALEX AIR APPARATUS
E 101-42000-404 Repair/Maint-
Total ALEXAIRAPPARATUS
Paid Chk# 021807 9/6/2005 ALLlNA HEALTH SYSTEM
E 101-42000-208 Training and Instruction
Total ALLlNA HEALTH SYSTEM
Paid Chk# 021808 9/612005 BOLTON & MENK, INC
E 101-43100-223 Seal Coating $1,126.50 87133
E 101-43100-224 StreetOverlayment $1,117.50 87134
R 204-00000-37270 SAC Fees $5,683.20 87135
R 602-00000-37175 TRUNK WATER FEES $2,298.54 87136
E 101-41700-303 Engineering Fees $4,400.00 87154
E 101-41710-303 Engineering Fees $115.00 87155
E 101-41710-303 Engineering Fees $2,708.30 87167
E 101-41710-303 Engineering Fees $57.50 87170
E 493-49000-303 Engineering Fees $2,320.50 87171
E 101-41710-303 Engineering Fees $1,197.50 87175
E 468-49000-303 Engineering Fees $6,319.00 87176
E 101-41710-303 Engineering Fees $115.00 87779
E 493-49000-303 Engineering Fees $170.00 87780
E 101-41710-303 Engineering Fees $352.00 87783
E 468-49000-303 Engineering Fees $2,544.00 87784
E 482-49300-303 Engineering Fees $360.00 87785
E 101-41710-303 Engineering Fees $1,225.00 87786
R 204-00000-37270 SAC Fees $4,851.69 87848
R 602-00000-37175 TRUNK WATER FEES $943.67 87849
E 101-41700-303 Engineering Fees $2,957.25 87850
E 101-41710-303 Engineering Fees $240.00 87851
E 101-41710-303 Engineering Fees $5,131.00 87852
E 101-41700-303 Engineering Fees $472.50 87864
E 101-41700-303 Engineering Fees $3,095.50 87868
Total BOLTON & MENK, INC $49,801.15
Paid Chk# 021809 9/6/2005 BONESTROO ROSENE ADNERLIK
E 482-49300-303 Engineering Fees $56,692.94 120780
Total BONESTROO ROSENE ADNERLlK $56,692.94
Paid Chk# 021810 9/6/2005 BROCK WHITE CO. LLC.
E 101-45100-530 Improvements
Total BROCK WHITE CO. LLC.
Paid Chk# 021811 9/6/2005 CARQUEST
E 101-45100-404 RepairlMaint-
E 101-43100-405 Repair/Maint - Buildings
E 101-43100-215 Shop Supplies
E 101-45100-212 Motor Fuels
E 101-43100-215 Shop Supplies
Total CARQUEST
10100 Premier Bank
Paid Chk# 021805 9/6/2005 AFLAC
G 101-21710 Other Oeductions
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$16.16 947136
$16.16
$927.09 9531
$927.09
$721.25 1110003272
$721.25
AFLAC Insurance Prem
equipment service & repair, fi
medical directorship FO
2005 Seal Coat
2005 Overlays
Hunter's Pass Lift Station
Hunter's Pass Mud Lake Wmn
Lachman Ave
LaBeaux Station
Hunter's Pass Plan & Plat
Towne Lakes 6th
CSAH 19 & 57th Intersection
Space Aliens
1 94 Study
Towne Lakes 6th
CSAH 19 & 57th Intersection
Space Aliens
194
City Hall
Phillip Morris
Hunter's Pass Subd/Lift Statio
Hunter's Pass Mud Lake Wmn
Lachman Ave
LeBeaux Station
Hunter's Pass
MSA Preparation
Premier Outlet Spoil Piles
City Hall
$666.69 11390667-00 parks, yellow net blanket & se
$666.69
$19.67 0277928
$14.91 0278170
$16.67 0278293
$4.87 0278349
$29.37 0278351
$85.49
6W Rnd to 4W flat
Window Squeegee
thread lock celp, adhesive
Adhesive
Allen Set
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Paid Chk# 021812 9/6/2005 CCS CONTRACTING
R 204-00000-37270 SAC Fees $47,310.00
Total CCS CONTRACTING $47,310.00
Paid Chk# 021813 9/6/2005 CHARTER COMMUNICATIONS
E 101-42000-405 Repair/Maint - Buildings
Total CHARTER COMMUNICATIONS
Paid Chk# 021814 9/612005 CITIES DIGITAL SOLUTIONS
E 101-41400-200 Office Supplies (GENERAL)
Total CITIES DIGITAL SOLUTIONS
Paid Chk# 021815 9/6/2005 CITY OF WATERTOWN
E 101-41400-208 Training and Instruction $12.50
Total CITY OF WATERTOWN $12.50
Paid Chk# 021816 9/612005 CROW RIVER FARM EQUIPMENT
E 101-45100-405 Repair/Maint - Buildings $57.32 113316
Total CROW RIVER FARM EQUIPMENT $57.32
Paid Chk# 021817 9/6/2005 OJ'S TOTAL HOME CARE CENTER
E 101-42000-200 Office Supplies (GENERAL) $179.88 3358/1
E 101-42000-200 Office Supplies (GENERAL) $66.86 3512/1
E 101-42000-200 Office Supplies (GENERAL) $4.25 516931
Total OJ'S TOTAL HOME CARE CENTER $250.99
Paid Chk# 021818 9/612005 DON'S AUTO & REPAIR
E 601-49450-212 Motor Fuels $52.63 35142
E 601-49450-212 Motor Fuels $50.00 35242
Total DON'S AUTO & REPAIR $102.63
Paid Chk# 021819 9/6/2005 EGGEN'S DIRECT SERVICE, INC.
E 101-43100-212 Motor Fuels $64.56 103589
E 101-45100-212 Motor Fuels $8.00 103603
E 101-45100-212 Motor Fuels $5.51 103607
E 601-49450-212 Motor Fuels $60.00 103614
E 101-45100-212 Motor Fuels $63.00 103618
E 101-45100-212 Motor Fuels $8.01 103622
E 101-43100-212 Motor Fuels $42.98 103627
E 601-49450-212 Motor Fuels $32.79 103628
E 602-49400-212 Motor Fuels $50.00 103635
E 602-49400-212 Motor Fuels $75.00 103644
E 101-45100-212 Motor Fuels $7.13 103651
Total EGGEN'S DIRECT SERVICE, INC. $416.98
Paid Chk# 021820 9/6/2005 ELAN FINANCIAL SERVICES
E 101-42400-208 Training and Instruction
E 101-41300-208 Training and Instruction
E 101-41400-200 Office Supplies (GENERAL)
E 101-41400-335 Education
E 101-43100-400 Repair/Maint - Paved Rd
E 101-41400-200 Office Supplies (GENERAL)
E 101-42400-331 Travel Expenses
E 101-41500-208 Training and Instruction
Total ELAN FINANCIAL SERVICES
Check Amt
$85.99
$85.99
$90.00 1744
$90.00
$15.00
$15.00
$16.04
$103.00
$234.09
$4.38
$198.88
$15.00
$601.39
Paid Chk# 021821 9/6/2005 ELLINGSON DRAINAGE
R 602-00000-37175 TRUNK WATER FEES $63,104.60
Total ELLINGSON DRAINAGE $63,104.60
Paid Chk# 021822 9/612005 EMERGENCY APPARATUS MNTC
E 101-42000-404 Repair/Maint - $669.06 22822
Total EMERGENCY APPARATUS MNTC $669.06
Paid Chk# 021823 9/6/2005 EMERGENCY MEDICAL PRODUCTS
E 101-42000-230 Medical Supplies $618.62
Total EMERGENCY MEDICAL PRODUCTS $618.62
Invoice Comment
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Pmt # 1 Hunter's Pass Lift Sta
FD Intemet service
rollers for scanner
monthly meeting MCFOA BM
channel
Plier Linesman
bttry, rope, c1nr, tissue
finance charge
Fuel
Fuel
Fuel
Fuel
Fuel
Fuel
Fuel
Fuel
Fuel
Fuel
Fuel
Fuel
Fuel
.
Training JS
Training LK
Supplies
Education BM
paint
Supplies
Lodging Conf JS
Training TLL
Pmt # 1 Mud Lake Watermain Cro
Repair Ladder Truck
heart start controls, glucose,
.
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Check Amt Invoice Comment
Paid Chk# 021824 9/612005 FEDERATED CO-OPS,INC.
E 101-45100-530 Improvements
E 101-45100-530 Improvements
Total FEDERATED CO-OPS,INC.
Paid Chk# 021825 9/6/2005 FRICKE & SONS SOD, INC
E 466-49000-300 Professional Srvs (GENERAL) $119.28
Total FRICKE & SONS SOD,INC $119.28
Paid Chk# 021826 9/6/2005 FRONTLINE PLUS FIRE & RESCUE
E 101-42000-584 C/O - Turnout Gear $110.00 9566
Total FRONTLINE PLUS FIRE & RESCUE $110.00
Paid Chk# 021827 9/6/2005 FTTH COMMUNICATIONS
E 101-43100-321 Telephone
Total FTTH COMMUNICATIONS
Paid Chk# 021828 9/612005 GONSIOR, PAUL
E 101-42050-437 Misc. Donations
Total GONSIOR, PAUL
GOPHER STATE ONE-CALL
$157.40 F1n83
$59.96 F1n92
$217.36
$129.90
$129.90
$481.10
$481.10
.
Paid Chk# 021829 9/6/2005
E 601-49450-209 Locates
E 602-49400-209 Locates
Total GOPHER STATE ONE-CALL
Paid Chk# 021830 9/6/2005 GRAINGER
E 101-43100-405 Repair/Maint. Buildings
Total GRAINGER
Paid Chk# 021831 9/612005 HAWKINS,INC
E 601-49450-216 Chemicals - Alum
Total HAWKINS,INC
Paid Chk# 021832 9/6/2005 HEALTH PARTNERS
E 602-49400-130 Employer Paid Ins
G 101-21706 Group Insurance Payable
E 101-41300-131 Employer Paid Health
E 101-45100-130 Employer Paid Ins
E 101-41500-131 Employer Paid Health
E 101-41400-131 Employer Paid Health
E 601-49450-130 Employer Paid Ins
E 101-43100-130 Employer Paid Ins
E 101-42400-130 Employer Paid Ins
Total HEALTH PARTNERS
$629.71
$1,985.50
$377.80
$577.26
$657.36
$927.16
$577.26
$1,376.32
$1,390.42
$8,498.79
$355.28 5070130
$355.27 5070130
$710.55
Choice Mix, whole oats
whole oats, plant food
PW sod
bunker boots FD
PW Internet
FD Donation Acct - House Bum
Locates - Sewer Dept
Locates - Water Dept
$525.74 973-n6824-3 Drill Press
$525.74
$2,nO.64 731572
$2, nO.64
Paid Chk# 021833 9/6/2005 HENRYS WATERWORKS,INC
E 602-49400-407 RIM - Water Mains $2,109.14 9537
Total HENRYS WATERWORKS,INC $2,109.14
Paid Chk# 021834 9/6/2005 INSPECTRON INC.
E 101-42400-300 Professional Srvs (GENERAL) $3,875.00
Total INSPECTRON INC. $3,875.00
Paid Chk# 021835 9/6/2005 ISD # 885
R 201-00000-34705 Park Dedication Fees $3,000.00
Total ISD # 885 $3,000.00
Paid Chk# 021836 9/6/2005 JACOBS, KATIE
G 101-22900 Park Rental Deposit Escrow $100.00
Total JACOBS, KATIE $100.00
Paid Chk# 021837 9/6/2005 JOHNSON, ABBY
E 101-45000-596 Friendly City Days $750.00
Total JOHNSON, ABBY $750.00
.
Aluminum Sulfate Liquid
Emp Health Ins
Emp Health Ins Emp Portion
Emp Health Ins
Emp Health Ins
Emp Health Ins
Emp Health Ins
Emp Health Ins
Emp Health Ins
Emp Health Ins
Valves, couplings, retainer gl
July Services
STMA Soccer (lights donation)
Reimb. Park Damage Deposit
Scholarship Princess 04-05
13
Check Amt Invoice Comment
Paid Chk# 021838 9/6/2005 LEAGUE OF MINNESOTA CITIES
E 101-41400-208 Training and Instruction $25.00 1-000023021
Total LEAGUE OF MINNESOTA CITIES $25.00
Paid Chk# 021839 9/6/2005 MCFOA
E 101-41300-433 Dues and Subscriptions $35.00
Total MCFOA $35.00
Paid Chk# 021840 9/612005 METROPOLITAN UNDERGROUND SERV
E 101-43100-403 Repair/Maint - Catch Basins $3,353.70 405-05
E 101-43100-403 Repair/Maint-Catch Basins $1,214.31 406-05
Total METROPOLITAN UNDERGROUND SERV $4,568.01
Paid Chk# 021841 9/6/2005 MGFOA
E 101-41500-208 Training and Instruction $225.00
Total MGFOA $225.00
Paid Chk# 021842 9/6/2005 MIDWEST ANALYTICAL SERVICES
E 601-49450-668 Sludge Removal $1,208.00 323457
Total MIDWEST ANALYTICAL SERVICES $1,208.00
Paid Chk# 021843 9/6/2005 MIDWEST LANDSCAPES
E 466-49000-300 Professional Srvs (GENERAL)
Total MIDWEST LANDSCAPES
Paid Chk# 021844 9/612005 Mil LIFE
E 101-41300-131 Employer Paid Health
E 101-43100-130 Employer Paid Ins
E 602-49400-130 Employer Paid Ins
E 101-42400-130 Employer Paid Ins
E 601-49450-130 Employer Paid Ins
E 101-41500-131 Employer Paid Health
E 101-45100-130 Employer Paid Ins
E 101-41400-131 Employer Paid Health
G 101-21710 Other Deducations
$2,550.00 12747
$2,550.00
$14.10
$26.10
$3.90
$18.90
$3.90
$2.40
$3.90
$4.80
$7.50
Total Mil LIFE $85.50
Paid Chk# 021845 9/6/2005 MILLER TRUCKING/LANDSCAPING SU
E 466-49000-300 Professional Srvs (GENERAL) $127.64 77943
E 466-49000-300 Professional Srvs (GENERAL) $71.57 78122
Total MILLER TRUCKING/LANDSCAPING SU $199.21
Paid Chk# 021846 9/6/2005 MILLER, BRIDGET
E 101-41400-200 Office Supplies (GENERAL)
E 101-41400-335 Education
E 101-41400-331 Travel Expenses
Total MILLER, BRIDGET
Paid Chk# 021847 9/6/2005 MINNESOTA COPY SYSTEMS
E 101-41400-413 Office Equipment Rental
Total MINNESOTA COPY SYSTEMS
Paid Chk# 021848 9/6/2005 MONTICELLO, CITY OF
E 101-42700-309 Animal Control Contract
Total M~NTICELLO. CITY OF
Paid Chk# 021849 9/6/2005 MTI DISTRIBUTING,INC.
E 101-45100-404 Repair/Maint-
Total MTI DISTRIBUTING, INC.
Paid Chk# 021850 9/6/2005 NELCOM COPRORATION
E 101-49300-650 Working Capital Reserves
Total NELCOM COPRORATION
Paid Chk# 021851 9/6/2005 NEWMAN TRAFFIC SIGNS
E 101-43100-226 Sign Repair Materials
E 101-43100-226 Sign Repair Materials
Total NEWMAN TRAFFIC SIGNS
$55.58
$71.25
$30.38
$157.21
$436.37 139802
$436.37
$232.00 7980
$232.00
$68.32 489172-00
$68.32
$403.47 26976
$403.47
($108.36) TI-0139819
$176.20 TI-0145328
$67.84
technology issues conf
annual dues LK
61st & Kalland
Landers & 54 1/2
Annual Conf. TLL
sludge removal
Irrigation System
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
limestone PW
limestone PW
supplies, coffee, water'
education BM
mileage
Copier Maintenance Agreement
Animal Control Service
caps, rings, springs, spacers,
Lightning protector (siren)
Credit Invoice
Signs
.
.
.
14
.
.
.
Check Amt Invoice Comment
Paid Chk# 021852 9/612005 NEXTEL COMMUNICATIONS
E 101-41400-323 Nextel Radio Units $40.58 718183318-0 Nextel Phones
E 101-42400-323 Nextel Radio Units $46.84 718183318-0 Nextel Phones
E 101-41300-321 Telephone $49.52 718183318-0 Nextel Phones
E 101-45100-323 Nextel Radio Units $40.58 718183318-0 Nextel Phones
E 101-45100-323 Nextel Radio Units $40.58 718183318-0 Nextel Phones
E 101-43100-323 Nextel Radio Units $40.58 718183318-0 Nextel Phones
E 101-43100-323 Nextel Radio Units $41.65718183318-0 Nextel Phones
E 101-42400-323 Nextel Radio Units $40.58 718183318-0 Nextel Phones
E 101-41400-323 Nextel Radio Units $40.58 718183318-0 Nextel Phones
E 602-49400-323 Nextel Radio Units $79.46 718183318-0 Nextel Phones
E 601-49450-323 Nextel Radio Units $45.48 718183318-0 Nextel Phones
E 101-43100-323 Nextel Radio Units $40.58 718183318-0 Nextel Phones
Total NEXTEL COMMUNICATIONS $547.01
Paid Chk# 021853 9/6/2005 NORTHERN TOOL & EQUIPMENT
E 101-45100-404 RepairlMaint - $380.17 0193096292 jack stands, perm mount, sidem
Total NORTHERN TOOL & EQUIPMENT $380.17
Paid Chk# 021854 9/6/2005 NORTHWOODS SERVICES
G 101-22800 Landscaping Escrow $3,000.00
Total NORTHWOODS SERVICES $3,000.00
Paid Chk# 021855 9/6/2005 OFFICE MAX - A BOISE COMPANY
E 101-41400-200 Office Supplies (GENERAL) $15.27 356357
E 101-41400-200 Office Supplies (GENERAL) $54.98 356357
E 101-42400-200 Office Supplies (GENERAL) $66.18 356357
E 101-41400-200 Office Supplies (GENERAL) $75.89 356357
E 101-42000-200 Office Supplies (GENERAL) $156.53 356357
E101-41400-200 Office Supplies (GENERAL) ($9.57) 885235
Total OFFICE MAX - A BOISE COMPANY $359.28
Paid Chk# 021856 9/6/2005 OXYGEN SERVICE COMPANY
E 101-43100-215 Shop Supplies
Total OXYGEN SERVICE COMPANY
Paid Chk# 021857 9/6/2005 PAT'S 66
E 101-45100-404 Repair/Maint-
Total PATS 66
Paid Chk# 0218589/6/2005 PINNACLE PRINTING, INC.
E 602-49400-203 Printed Forms
E 601-49450-203 Printed Forms
Total PINNACLE PRINTING, INC.
Paid Chk# 021859 9/6/2005 PITNEY BOWES
E 101-41400-413 Office Equipment Rental
E 101-41400-322 Postage
Total PITNEY BOWES
Paid Chk# 021860 9/6/2005 RED'S PORTABLE TOILETS
E 101-45100-415 Other Equipment Rentals $625.69 10270
Total RED'S PORTABLE TOILETS $625.69
Paid Chk# 021861 9/6/2005 REED BUSINESS INFORMATION
E 488-49000-300 Professional Srvs (GENERAL) $155.54 2991861
Total REED BUSINESS INFORMATION $155.54
Paid Chk# 021862 9/6/2005 REGENTS OF THE U OF M
G 101-22900 Park Rental Deposit Escrow
Total REGENTS OF THE U OF M
Paid Chk# 021863 9/6/2005 RODEN, ERIN
E 101-45000-596 Friendly City Days
Total RODEN, ERIN
$52.19 07025466
$52.19
$63.36 51127
$63.36
$190.10 4678
$190.11 4678
$380.21
reimbescrow R # 211
boxes, ribbon
ink
ppr, binders, clips
fax toner
FD Ink, ppr, env, cd's, staple
credit for return
Argon/Carbon Dioxide
tires
Utility Bill Forms
Utility Bill Forms
$204.00 0787150-AUO Postage Machine Rental
$6.64 15176927877 Postage
$210.64
$100.00
$100.00
$1,500.00
$1,500.00
Rental-Portable Bathrooms
Ice Arena Locker Rm
Reimb. Park Damage Deposit
Miss Albertville 04-05
15
Check Amt Invoice Comment
.
Paid Chk# 021864 9/612005 S.E.H.
E 101-41710-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 465-49000-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 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 Engineerimg Fees
E 101-41710-303 EngineeriAg Fees
E 101-41710-303 Engineering Fees
E 101-43100-223 Seal Coating
E 101-41710-303 Engineering Fees
E 465-49000-303 Engineering Fees
E 476-49000-303 Engineering Fees
E 473-49000-303 Engineering Fees
E 470-49000-303 Engineeri~gFees
E 488-49000-303 Engineeririlg Fees
E 101-41700-303 Engineering Fees
E 400-47000-303 Engineering Fees
E 101-41700-303 Engineering Fees
$94.40 134243
$81.72 134244
$4,702.55 134245
$257.27 134246
$248.86 134247
$4,520.00 134248
$203.69 134249
$248.86 134250
$138.86 134251
$970.04 134252
$56.00 134253
$398.10 134253
$168.00134253
$113.60 134253
$112.00 134253
$1,153.00 134254
$1,534.40 134317
$3,202.12 134318
$5,314.77 134319
$3,909.71 134425
$3,726.20 134538
$1,050.00 134539
$1,878.00 134738
$34,082.15
Cedar Creek South 7th
Kollville Estates 2nd
Albert Villas 6th
CSAH 19 Upgrade
Towne Lakes Phase III
CSAH 19 Ramps
Karston Kove 3rd Add
Shoppes at Towne lakes
Phil Morris
Towne Lakes 5th
Parkside Commercial
Cedar Creek South 5th
MN Lighting
03 seal Coating
Albertville Dental
CAH 19/68th
School Ped & Bike Trail
Prairie Run
CSAH 37 Bike Path
Ice Arena Locker Rm Addition
05 Benchmark Update
02 Frontage Ave Imp
GIS Services
Total S.E.H.
Paid Chk# 021865 9/6/2005 SCHERBER & SONS INC.
E 101-43100-404 Repair/Maint-
Total SCHERBER & SONS INC.
Paid Chk# 021866 9/6/2005 SHRED-N-GO,INC
E 101-41100-300 Professional Srvs (GENERAL)
Total SHRED-N-GO,INC
Paid Chk# 021867 9/6/2005 SPRINT. MO
E 101-42400-321 Telephone
E 101-42000-321 Telephone
E 101-41940-321 Telephon~
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 101-42400-321 Telephone
E 101-43100-321 Telephone
E 601-49450-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephon~
E 101-41940-321 TelephonE!
E 101-43100-321 TelephonE!
E 101-41940-321 Telephone
E 101-42400-321 Telephone
E 101-41940-321 Telephone
E 101-42000-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephon~
$32.97 01341639
$32.97
knob, pulley, belts
$171.36 1176
$171.36
Shred/purge service
.
$57.46
$38.55
$227.46
$116.68
$79.46
$64.41
$37.51
$30.16
$17.93
$26.18
$29.01
$36.69
$47.46
$37.51
$57.46
$47.46
$47.50
$57.46
$57.46
$57.46
Total SPRINT- MO $1,171.27
Paid Chk# 021868 9/6/2005 ST. MICHAEL AMERICAN LEGION
G 101-22900 Park Rental Deposit Escrow $100.00
Total ST. MICHAEL AMERICAN LEGION $100.00
Paid Chk# 021869 9/6/2005 ST. MICHAEL, CITY OF
E 101-45000-598 Pledges &f'Contributions
Total S. MICHAEL, CITY OF
Paid Chk# 021870 9/6/2005 STERLING CODIFIERS, INC.
E 101-41400-300 Professional Srvs (GENERAL)
Total STERLING CODIFIERS, INC.
497-7485
497-7474
taxes and surcharges
497-5007
497-3384
497-5106
497-0774
497-1888
Idst
497-2215
497-4214
497-3210
497-3145
497-0452
497-7416
497-0179
497-4836
497-3106
497-3758
497-4182
reimb. Park damage deposit
$11,193.00
$11,193.00
Albertville share for 05 libra
$11,920.00 4961
$11,920.00
page overage
.
16
.
.
.
Check Amt Invoice Comment
Paid Chk# 021871 9/612005 SUNRISE PLUMBING
E 602-49400-210 Operating Supplies $27.00 8318
Total SUNRISE PLUMBING $27.00
Paid Chk# 021872 9/6/2005 TOSHIBA AMERICA INFO SYS INC
E 101-41400-413 Office Equipment Rental $496.16 42749296 Copier Lease Agreement
Total TOSHIBA AMERICA INFO SYS INC $496.16
Paid Chk# 021873 9/6/2005 W. W. GOETSCH ASSOCIATES, INC
E 601-49450-404 Repair/Maint - $4,309.66 B12029-425 Parts for pump & motor, bearin
Total W. W. GOETSCH ASSOCIATES. INC $4,309.66
Paid Chk# 021874 9/6/2005 WRIGHT CTY SHERIFFS PATROL
E 101-42110-307 Police Contract Fees $11,619.17 Patrol-05-7 July increase in patrol
Total WRIGHT CTY SHERIFFS PATROL $11,619.17
Paid Chk# 021875 9/6/2005 WRIGHT-HENNEPIN ELECTRIC CO-OP
E 101-45100-381 Electric Utilities $176.16 Parks
E 101-43160-381 Electric Utilities $58.61 50148552000 Street Lighting - 58-59-60 St.
E 601-49450-381 Electric Utilities $59.22 50150766000 Towne Lakes Lift Station
E 101-43160-381 Electric Utilities $7.00 50151418000 Laketowne View
E 101-43160-381 Electric Utilities $7.00 50151419000 Laketowne View
E 101-43160-381 Electric Utilities $7.00 50151420000 Laketowne View
E 101-43160-381 Electric Utilities $7.00 50151823000 6529 W Laketowne Drive
Total WRIGHT-HENNEPIN ELECTRIC CO-OP $321.99
Paid Chk# 021876 9/612005 XCEL ENERGY
E 101-45100-381 Electric Utilities
E 101-43100-381 Electric Utilities
E 101-45100-381 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 101-41940-381 Electric Utilities
E 101-45100-381 Electric Utilities
E 601-49450-381 Electric Utilities
E 101-41940-381 Electric Utilities
E 101-45100-381 Electric Utilities
E 101-43160-381 Electric Utilities
E 601-49450-381 Electric Utilities
E 601-49450-381 Electric Utilities
Total XCEL ENERGY
spools of gauge thermostat wir
10100 Premier Bank
$23.99 51457964030 11830 51st
$421.89 51460281660 6461 Maciver Ave
$35.48 51468978490 5801 Main Ave
$366.08 51468978490 11350 57th
$643.49 51468978490 5975 Main Ave
$27.64 51468978500 11750 County Rd 37 Signal
$50.04 51475240120 6002 Main Ave
$75.31 51477097970 5964 Main Ave
$21.94 51511236300 5998 LaBeauxAve
$7.43 51538187690 1147458th St
$124.82 51545432690 Lift Station/Sewer
$3.14 51555641080 5799 Lander Ave
$233.14 5158078934011401 58th
$31.38 51596246090 11060 61 st St Signal
$233.99 51606534810 11200 60th St
$2,714.14 51636362260 6451 Maciver Ave
$5,013.90
$343,722.00
Fund Summary
101 GENERAL FUND
201 PARK DEDICATION
204 SEWER ACCESS
400 CLOSED CAPITAL PROJECTS
4652003 CSAH 19 WIDENING
466 PUBLIC WORKS FACILITY
468 CSAH 19 RAMPS/I 94 Project
470 CSAH 37
473 PRAIRIE RUN
476 SCHOOL PEDESTRIAN - BIKE TRAIL
482 CITY HALL 2004-5
488 ICE ARENA LOCKER ROOMS
493 CASH 19 & 57th Intersection
601 SEWER FUND
602 WATER FUND
10100 Premier Bank
$107,820.90
$3,000.00
$57,844.89
$1,050.00
$5,930.27
$2,868.49
$8,863.00
$5,314.77
$3,202.12
$1,534.40
$57,052.94
$4,065.25
$2,490.50
$12,818.08
$69,866.39
$343,722.00
17
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.
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-:
I51!!OL. ~ & ~e:I'JI<, II'JC.
ContuIIIng Engineers a 'Surveyors
2638 Shadow Lane.. SUte 200.' ChosIca. MN 55318-1172
Phone (952) 448-6838. FAX (952) 448-8805
August 29, 200S
Mr~ Larry KruIe., City Administrator
City of Albertville
S97S Main Aveo.ue NE.P.O. Box 9
A1bertviU~ MN 55301-0009
RE: Mud Late WatamaiD Crossing'
A1bertvill~ MN '
Contraetor's Pay'~ No.1
Dear Mr. Kruse:
Enclotodplease find Pay BsIiuude NO. I"ftom EDinpIn "DrairrlIae for WOJk ~.fonued on
the above refereDced project. Pay Estimate No. 1 coven wotk completed through July
31,2005.
We have reviewed Pay EstimatcNo. 1 audrec:omttKmd payment in the amount of
$63,,104.60 to EllingtOll DtIioaF., 561 13 State Hwy. 56. West Concord, MN5S98S.
Please contact me if you have my questions reprcIirlg dUs estimate.
Sincerely,
BOLTON" MENK, INC.
~/~
Daniel L. FauIk.ner, P.B.
Enclosure
00: AdamNafstad
P:WJlV\Tl52t~l_
MANKATO, MN .. fAlRMOtllT. MN -Sl.EEPY~ MN - BURNSVI.1.E. MN -WII.J.Mot!R.MN .~ ~ ,. AMES.lA
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AnEqcd~ fn'pIoyer
19
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censuRing EngIneers' SUrveyors
12224 Nicolet Avenue . Burns\ltle. MN 55337-1649
Phone (952)890-0509. FAX (952) 89Q..8065
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21
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A.!~~!:!_~tlL€
TO:
FROM:
DATE:
City Council
Tina L. Lannes
August 30, 2005
Accounts Receivable Update
RE:
Total accounts receivable billed through August 24, 2005 since the City of Albertville has set up
the billing/invoicing system software is $1,924,203.65. Of that amount, staffhas collected
$1,413,745.65 as of August 24,2005. The remaining amount outstanding is $510,457.94.
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
$197,861.54
$7,349.46
$7,234.46
$298,012.48
38.76%
1.44%
1.42%
58.38%
The majority of the current amount due is from the Towne Lakes 3rd Developers Agreement that
requires a payment of $144,474 for 70th Street to be made to the city when the 161st lot was
platted. This was platted in Towne Lakes 5th Addition
The main outstanding receivables that are overdue are Edina Development.
23
.
.
.
Vendor Amount Due Amount Billed 0-30 Days 30-60 days 60-90 days
ACE PROPERTY MANAGEMENT $689.80 $689.80
ALBERTVILLE BODY SHOP, INC. $163.25 $163.25
ALBERTVILLE DENTAL $112.00 $112.00
BREDEMIER, ANNE $100.00 $100.00
BURGER KING $315.25 $315.25
CASCADE II LAND
DEVELOPMENT $1,232.98 $1,232.98
CPG PARTNERS $987.84 $97.25 $414.25 $142.43 $333.91
DAHLEN, TOM $60.00 $60.00
DR. JILL & GREG KOOPMAN $218.75 $218.75
EDINA DEVELOPMENT $291,381.40 $6,530.55 $4,316.96 $280,533.89
FRANCIS PROPERTIES $50.00 $50.00
FRANKLIN OUTDOOR SIGN $2.810.00 $2,810.00
FRIENDLY CITY DAYS
COMMITTEE $227.50 $227.50
GRIDOR CONSTRUCTION $195.83 $195.83
H.J. DEVELOPMENT $8,012.01 $1,831.21 $6,180.74
HOEYOUTDOORADVERTISING $300.00 $300.00
HOFMASTER, TIM $50.00 $50.00
HOLM HOLDINGS $1,600.00 $1,600.00
KIKO, WALTER $125.83 $125.83
KIRSCHENMAN, KENNETH $50.00 $50.00
KILLES, SYLVESTER $200.00 $200.00
KILSTAD, TOM & JACKIE $50.00 $50.00
LAMAR COMPANIES $300.00 $300.00
LEUER-MUNSTERTEIGER
PROPERTIES $462.97 $462.97
MAEY AERT, CHUCK &
SHANNON $50.00 $50.00
MALCOLM, EDWARD $50.00 $50.00
MANCHESTER II LLC $275.00 $275.00
MINNESOTA DEVELOPMENT
AGENCY $16,877.05 $16,877.05
MORTGAGE ELECTRONIC $100.00 $100.00
NEGAARD ENTERPRISES $200.00 $200.00
OBRIEN, THOMAS P $115.57 $115.57
OLDCASTLE GLASS
ALBERTVILLE $1,318.35 $93.75 $1,224.60
PETERSON, JOSH $1,696.92 $1,696.92
PREMIER BANKS $234.87 $234.87
PREMIER DEVELOPMENT $5.299.93 $788.95 $1,488.85 $2,548.33 $473.80
25
GROUP
PROPERTY VISION, INC $108.65 $108.65
ROLSTAD CONSTRUCTION $195.81 $195.81
SHOPPES AT PRAIRIE RUN -
FINKE $437.50 $437.50
SHOPPES AT TOWN LAKES $4,167.26 $281.86 $948.90 $2,936.50
SMACKDOWN BAR & GRILL $485.50 $485.50
ST. MICHAEL, ALBERTVILLE
DIST $5.020.16 $5,020.16
ST. MICHAEL, CITY OF $12.975.98 $12,904.14 $71.84
STRANG, BRIAN $35.99 $35.99
TOWNE LAKES $146,266.50 $144,985.02 $795.36 $154.90 $331.22
VETSCH, GARY $1,600.00 $1,600.00
WELCOME FURNITURE $31.25 $31.25
WOODSIDE COMMUNITIES $760.44 $760.44
WOODSTONE BUILDERS, INC. $908.50 $908.50
YEARWOOD DEVELOPMENT $1,551.36 $1,551.36
Total $510.458.00 $197.861.54 $7.349.46 $7.234.46 $298.012.48
Total Billed (Through 8/24/05) $1,924,203.65
Total Collected (Through 8/24/05) $1,413,745.65
Current 0-30 days $197,861.54 38.76%
30-60 dayS $7,349.46 1.44%
60-90 davs $7,234.46 1.42%
over 90 day $298,012.48 58.38%
Total outstanding less Edina $219,076.54
Total outstanding less
Edina more than 30 davs $27,745.55
26
.
.
.
.
.
.
TO:
FROM:
DATE:
City Council
Tina L. Lannes
August 30, 2005
Project Update
RE:
Council requested an update on outstanding project status. Below are the contracted projects
with amounts paid to date as of August 30,2005:
Proiect Total Contract Paid to Date Difference
2004 School Pedestrian Trail
(Bituminous) $353,876.90 $305,703.71 $48,173.19
2004 School Pedestrian Trail $2,415.00 $1,950.00 $465.00
2004 Prairie Run $1,595,233.53 $1,290,115.45 $305,118.08
2004 Seal Coat Imorovement $19,965.00 $18,692.60 $1,272.40
2004 Street Overlav $98,070.00 $89,978.40 $8,091.60
Public Works BuildinQ $1,714,020.00 $1,599,211.00 $114,809.00
2003 CSAH 19 Uocrade $1,446,496.70 $1,340,629.92 $105,866.78
2003 Seal Coat Imorovement $10,421.00 $10,061.62 $359.38
FrontaQe Avenue Improvements $313,719.00 $248,255.72 $65,463.28
Water Main Chance Order $32,394.00 $30,288.00 $2,106.00
CSAH 37 / 60th Street Storm Sewer $49,983.00 $47,941.00 $2,042.00
Total $5.636,594.13 $4.982.827.42 $653,766.71
88.4%
Other Projects with amounts paid to date as of August 30, 2005:
Proiect Paid to Date
WWTF Expansion $1,037,274.49
I 94 Proiect $201,994.49
Citv Hall $66,832.39
Total $1,306,101.37
C = Construction
R = Retainage
C&R
R
C&R
R
R
C&R
C&R
R
C&R
R
R
27
.
TO:
FROM:
DATE:
City Council
Tina L. Lannes
September 1, 2005
2006 Preliminary City Budget
RE:
Attached for your review is the tax levy and budget summary for 2006 that city staff are
recommending for preliminary certification to Wright County no later than September 15th.
Please keep in mind that this is the preliminary levy. The final levy is not certified until mid
December so there is a still opportunity to review and discuss the 2006 budget and tax levy as
needed. The important thing to note is that the final levy can be less than the preliminary levy
but it cannot be more. So we don't want to get "locked" into a levy that is inadequate to fund
our programs and projects for next year.
Due to the large expense of the 1-94 project staffhas included information regarding the cost
effect (estimates) to consider before adopting the preliminary levy.
.
Some of the major increases in the budget are due to an increase in City Assessor Services,
Police Protection Services and Capital Reserves.
The budget that staff is proposing for 2006 totals 2.8 million. The budget includes a General
Fund tax levy of$1,635,900 for taxes payable 2006. This is an increase of$174,858 over last
year. Plus, the debt service levy has increased from $354,813 to $359,650. Therefore, the total
levy, both general fund and debt service has increased 9.9% from $1,815,853 in 2005 to
$1,995,550 in 2006.
The estimated impact on the City of Albertville portion of property taxes (based on the taxable
value remaining the same as 2005 and growth) would be zero or a slight decrease as illustrated
below.
Annual Levy Payable 2005 Payable 2006 I Increase
Levy $1,815,854 $1,995,550 $179,696
Impact on $200,000 home $773 $772 -$1
Impact on $300,000 home $1,159 $1,158 -$1
Impact on $400,000 home $1,546 $1,544 -$1
.
29
Considering the expense projected with 1-94 Ramps the estimated tax impact would be as .
follows for an increase of $150,000 and $200,000 to the 2006 proposed budget.
Draft Budget Tax Impact plus $150,000
Annual Levy Payable 2005 Payable 2006 I Increase
Levy $1,815,854 $2,145,550 $329,696
Impact on $200,000 home $773 $830 $57
Impact on $300,000 home $1,159 $1 ,245 $86
Impact on $400,000 home $1,546 $1,660 $115
Draft Budget Tax Impact plus $200,000
Annual Levy Payable 2005 Payable 2006 I Increase
Levy $1,815,854 $2,195,550 $379,696
Impact on $200,000 home $773 $849 $77
Impact on $300,000 home $1,159 $1,274 $115 .
Impact on $400,000 home $1,546 $1,699 $153
Before setting the preliminary budget staff wanted to inform the council of the estimated tax
increases for the 1-94 project (see attached).
CITY COUNCIL ACTION REQUESTED
Resolution Adopting the 2006 Preliminary Tax Levy and
2006 Preliminary Budget
.
30
.
.
.
2006 BUDGET SUMMARY COMPARISON (draft)
GENERAL FUND
2006
Proposed
General Fund Revenue: 2005 Bud2et Bud2et Difference % Inc/Dec % w/o admin
31010 turrent Ad Valorem Taxes $1,461,041.0C $1,635,899 $174,858 12.0<X
32100 Business Licenses & Permits $25,00C $27,000 $2,000 8.0<X
32110 lLiQuor Licenses $15,00C $20,00C $5,000 33.3<X
32120 l3.2 Liquor Licenses $25C $44C $190 76.0<X
32150 Silffi Permits 6,00O.OC $4,000 -$2,000 -33.3<X
32210 Bui1din~ Permits $500,00C $500,00C $0 O.O<X
32240 lAnimal Licenses $50C $50C $0 O.O<X
33405 lPolice Aid $14,00C $14,00C $0 O.O<X
33406 lFire Aid $40,00C $50,00C $10,000 25.0<X
33422 bther State Aid Grants $C $15C $150
l33620 Icounty Grants & Aids $10,00C $1O,OOC $C O.O<X
34000 Ichanzes for Services $8,00C $8,00C $C O.O<X
34101 !Lease Payments - City Property $1,50C $5,00C $3,50C 233.3<X
34001 IAdministration fees $48,40( $245,428 $197,028 407.1 <x
34050 loeve1oper Fees 3% $100,00( $150,00C $50,00C 50.0<X
l34103 Izonine: & Subdivision Fees $( $15,00C $15,00C
34105 Sale of Maps $( $30C $30C
34106 PIDlLe~a1 Description Requests $1,500 $1,500 $0 O.O<X
34107 Title Searches $1,500 $1,500 $0 O.O<X
Pire Protection Contract
34302 Chare:es $58,000 $60,500 $2,500 4.3<X
34780 Park Rental Fees $2,000 $2,000 $0 O.O<X
34950 Other Revenues $0 $10,000 $10,000
35000 Fines & Forfeits $100 $100 $0 O.O<X
36210 Interest Earnin~s $75,00C $75,000 $0 O.O<X
Reserves $0 $21,544 $21,544
Total Revenue!i $2,367,791 $2.857,862 $490,071 20.7% 10.3%
31
2006
General Fund Department Proposed
Expenditures: 2005 Budget Budget Difference 010 InclDec % w/o admin
41100 Council $49.875 $38,625 -$11 ,250 -22.6%
41300 k<\dministrator $118,790 $119,17~ $386 0.3%
41400 City Clerk $179,450 $128,327 -$51,124 -28.5%
41440 IElections $0 $5,00C $5,000
41500 ~inance $93.850 $94,455 $605 0.6%
41550 Citv Assessor $25,000 $35,00C $10,000 40.0%
41600 !city Attorney $30,419 $31,50C $1,081 3.6%
41700 City Enl2:ineer $40,00C $41,20C $1.200 3.0%
41800 IEconomic Development $20,70C $1O,50C -$10,200 -49.3%
41910 1P1anninl2: & Zoninl2: $34,084 $34,084 $0 0.0%
41940 k:ity Hall $137,425 $194,lOC $56,675 41.2%
42000 Wire Department $312,645 $348,12~ $35,482 11.3%
42110 !Police $321,60C $440,00C $118,400 36.8%
42400 lBuildinl2: Inspection $217,452 $444,94( $227,488 104.6% 12.0%
42700 IAnimal Control $3,42C $3,50( $8C 2.3 %
43100 Public Works - Streets $372,181 $395,271 $23,09C 6.2%
43160 Street Lil2:htinl2: $46,80C $48,000 $1.20C 2.6%
43200 tRecvclinl2: $39,10( $40,000 $90C 2.3%
45000 Culture & Recreation $27,25( $24,250 -$3,00C -11.0%
45100 !Parks & Recreation $147,75( $181,809 $34,055 23.1 %
49300 !capital Reserves $150,000 $200,000 $50,000 33.3%
.
Total Expenditures $2,367,791 $2,857,862 $490,071 20.7% 12.2%
.
.
.
32
.
Levy
2005
2006
Difference % Increase
General Fund & EDA
$1,461,041.00 $1,635,899.45
Total Tax Levy
$1,461,041.00 $1,635,899.45
$174,858.45
12.0%
Bonds 96 $5,890.00 $11,200.00
Bonds 99 $43,294.00 $42,170.00
Bonds 03 PF Lease Rev $63,001.00 $59,501.00
GO Improvement Bond 03 $74,425.00 $81,467.00
City Hall 05
PW Facility 04 $168,203.00 $165,312.50
. Total Debt Service Levy $354,813.00 $359,650.50 $4,837.50 1.4 %
Total Levy
$1,815,854.00 $1,995,549.95
$179,695.95
9.9%
.
33
.
.
.
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2005-33
A RESOLUTION ADOPTING THE
2005 TAX LEVY COLLECTIBLE IN 2006
BE IT RESOLVED by the Albertville City Council of the City of Albertville, County of
Wright, State of Minnesota, that the following sums of money be levied for the current year,
collectible in 2006, upon taxable property in the City of Albertville for the following purposes:
T otallevy
$1.995.549.50
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the county
auditor of Wright County, Minnesota.
Adopted by the City Council of the City of Albertville this 6th day of September 2005.
Mayor Don Peterson
City Clerk Bridget Miller
35
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.
TO:
FROM:
DATE:
City Council
Tim Guimont
RE:
August 30, 2005
Public Works Update
Parks Department
We received three (3) bids for the new hockey rink. This includes soil corrections,
drainage pipe, catch basins and asphalt.
MID-MINNESOTA HOT MIX
OMANN BROTHERS
DENNIS FEHN EXCAVATING
$146,569.90
$111,892.00
$100,953.00
We tried to get three (3) quotes for lighting, but only received two (2) responses.
.
TRI-STAR ELECTRIC
4 - 20' steel poles with 3 - 1,000 watt metal Halide fixtures and 24-hour clock installed.
UNLIMITED ELECTRIC
Will hand out the information at the meeting.
The price for the hockey rink boards is around $25,000. Because the size of the hockey
rink has changed we do not have an exact price. The Public Works Department would do
most of the installation with a fence company installing fencing on the ends.
Albert Villas Park update - the playground, ball field, trail and parking lot are complete.
The second lift will be put on the parking lot next year. The seeding is 95% complete.
The soccer field is ready. We need to hear from the soccer association as to what size
nets they want. Weare considering a gazebo and water service for a drinking fountain.
We need some fencing for the ends of the soccer field. Also will be adding basketball
hoops.
Public Works
The Fire Department would like access to the PW Building and one of the pickups.
When they are called to large fires the pickup would be used to haul the additional hoses
need to fight the fire.
. TG:bmm
39
.
.
.
TO:
FROM:
DATE:
City Council
Larry R. Kruse
August 30, 2005
Fire Department Air Pack(s)
RE:
BACKGROUND
Air tanks are certified for a specific period of time, which are coming to the end of their
recommended useful life. Over the years, air tanks have migrated from heavy steel tanks
to fiberglass to the current lightweight composites. The current fiberglass air tanks
operate on 2,200 psi of pressure that last up to 30 minutes. The newer air tanks are much
lighter and have twice as much capacity. The Fire Department is proposing to purchase
18 high pressure (4,500 psi, 45 minute capacity) and two (4500 psi, 60 minute capacity)
air tanks. In the interim, the fire fighters would operate the new tanks at a lower pressure
(2,200 psi) thus keeping them compatible with our air compressor. The Fire Department
is planning on upgrading the compressor in 2008, however the fire fighters would like to
solicit for donations to upgrade the system sooner, possibly as early as 2006.
COST: $80,000 air pack system estimate.
Budget: The City currently has $69.647.34 in reserve and has a levy in 2006 of$10.000
to fund the air tank purchase.
RECOMMENDATION
Move to authorize bidding 20 Scott Air Pack Systems with staff bringing back a bid
summary and recommendation for council consideration in October 2005 with delivery
schedule for January 2006.
41
.
.
.
TO:
FROM:
DATE:
City Council
Larry R. Kruse
August 30, 2005
Fire Pumper Truck Purchase
RE:
BACKGROUND
For the past year the Fire Truck Committee has been working to develop the
specifications for a new Pumper truck. In developing these specifications, the Committee
has visited with other cities, as well as several manufacturer representatives, who have an
extensive amount of department experience. The goal in developing a bid package was
not to be exclusive to one manufacturer, but rather create an opportunity for a
competitive bid. There has been a lot of thought and work to determine what will be the
most cost effective approach plus to meet the future needs of the department.
COST: $425,000 estimate.
FINANCING METHOD: The city plans to finance internally for the Pumper truck.
FIRE CHIEF COMMENTS: At the last Fire Truck Committee meeting a question was
raised about Hanover's new truck, stating that it had been purchased for significantly less
than what Albertville is proposing. Hanover purchased a similar Pumper, which
Albertville is proposing to purchase but it did not include any equipment. Albertville's
Chief visited with Hanover's Chief, who summarized the main cost difference is
associated with the additional equipment and probably inflation, Chief Long noted
besides hose, ladders and the typical fire fighting equipment, Albertville is proposing to
include auto extraction equipment. Therefore, the cost of the units is quite comparable.
ADMINISTRATOR'S COMMENTS
Prices continue to increase for emergency trucks and equipment. Although the $425,000
is high, we know that to postpone the purchase will likely result in even a higher cost in
the future. In 2006, we estimate that Otsego will be paying 10%, and St. Michael will be
43
paying 7% of our total fire budget including the fire truck. In the future, we see Otsego' s .
contribution increasing, while 8t. Michael's contribution will decrease. Currently this
truck is being depreciated over a twenty-year period. Depreciation is included as an
expense in the budget, which is then shared by the three cities based on tax capacity.
When and if the Naber interchange goes in, we will likely see 8t. Michael's fire contract
cease. Therefore, 8t. Michael's contract will diminish from 7% in 2006 to maybe half of
that amount. Then both Albertville and Otsego will have grown substantially to absorb
81. Michael's portion without too much difficultly.
RECOMMENDATION
Move to authorize to advertise for a new Pumper truck as on file in the office of the City
Clerk and bring back a bid recommendation for council consideration with the goal to
order a truck in October 2005 with delivery in 2006.
.
.
44
.
.
.
TO:
FROM:
DATE:
RE:
City Council
Larry R. Kruse
August 30, 2005
National Incident Management System
BACKGROUND
See web-site www.minnesotafireservice.com
COST: Mainly training costs for "online" training is estimated to be under $1,000 for the
entire department.
BUDGET: Already included in the 2006 budget.
RECOMMENDATION
Move to adopt a Resolution entitled Adoption of the National Incident Management
System (NIMS).
45
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
.
Resolution No. 2005- XX
Adoption of the National Incident Management System
It is hereby resolved by the City of Albertville, Wright County, State of Minnesota, that:
WHEREAS; Emergency Response to critical incidents, whether natural or manmade,
requires integrated professional management, and
WHEREAS; Unified Command of such incidents is recognized as the management
model to maximize the public safety response, and
WHEREAS; The National Incident Management System, herein referred to as NIMS,
has been identified by the Federal Government as being the requisite emergency
management system for all political subdivisions, and
WHEREAS; Failure to adopt NIMS as the requisite emergency management system may
preclude reimbursement to the political subdivision for costs expended during and after a .
declared emergency or disaster and for training and preparation for such disasters or
emergencIes.
NOW THEREFORE BE IT RESOLVED; It shall be the public policy of the City of
Albertville to adopt the NIMS concept of emergency planning and unified command. It
shall further be the policy of this City to provide NIMS training to public officials
responsible for emergency management.
.
46
.
.
.
Excerp from www.minnesotafireservice.com
With the advent of September 11, 2001 came the realization that there needed to be
established a mechanism that" ... provides a consistent nationwide template to enable
Federal, State, local, and tribal governments and private-sector and nongovernmental
organizations to work together effectively and efficiently to preparefor, prevent, respond
to, and recover from domestic incidents, regardless of cause, size, or complexity, including
acts. of catastrophic terrorism."
The old truism, "all politics are local" can pretty much be restated that "all incidents are
local'.'! We all live at the local level and when there is an incident - it happens, or affects
us, at the local level where we live, work and play.
To that end Homeland Security Presidential Directive/HSPD-5 was issued on February
28, 2003.
"HSPD-5 requires all Federal departments and agencies to adopt the NIMS and to use it in
their individual domestic incident management and emergency prevention, preparedness,
response, recovery, and mitigation programs and activities, as well as in support of those
actions taken to assist State, Local, or tribal entities. The directive also requires Federal
departments and agencies to make adoption of the NIMS by State, tribal and local
organizations a condition for Federal preparedness assistance beginning in FY 2005"
Local Government has long been familiar with the gauntlet of incidents. From everyday
local incidents of criminal activity, fires, local accidents and medical assistance- up
through natural disasters and accidents affecting whole communities or a region,....
However, the aftermath of 9/11 raised the bar on incidents and brought about a recognition
that when an incident overwhelms local resources there be mechanisms to bring all
different types of res ponders and organizations together to address all aspects of an
incident.
However, all this if for naught if local government - remember, that's where everything
happens, is not prepared and able to access and utilize it's own resources and when the
incident demands, to call upon resources of the state andfederal government. NIMS now
requires, that if financial considerations of the federal government are to. be received by
local government, that they must be NIMScompliant. But finances aside, the real
advantage to NIMS compliance is the ability to serve and protect our citizens in times
catastrophe.
47
.
.
.
NOR T H W EST ASSOCI ATE D CON 5 U L TAN T 5, 1 N C .
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
MEMORANDUM
TO:
Larry Kruse
FROM:
Alan Brixius
DATE:
August 26, 2005
RE:
Albertville - LaBeaux Station Final Plat
FILE NO:
163.06 - 05.28
BACKGROUND
On June 6, 2005, the Albertville City Council approved the request from Cascade II Land
Company LLC for a commercial conditional use/planned unit development and a preliminary
plat entitled LaBeaux Station. Located near the comer of County Road 19 and 57th Avenue, the
project consists of four commercial lots designed with shared access and parking lots. The site is
8.17 acres and is zoned B-2A.
As part of the preliminary plat/conditional use/planned unit development approval, the City
Council placed a number of conditions that needed to be satisfied for the project to proceed. The
applicant has provided revised plans dated 16 August 2005 and a final plat for consideration of
the City Council.
REVIEW/ANALYSIS
The June 6, 2005 City Council Findings and Decision outlined the following conditions for
approval:
Planned Unit Development (PUD)
1. Establish cross access easements across the plat.
The applicant shall be required to provide cross easements for the plat for City Attorney
review. Said easements shall be recorded with the final plat.
2. Parking/Circulation.
49
a.
All parking areas shall have parking stalls dimensioned at 9 feet by 20 feet with
22-foot drive aisles. Additional driveway widths may be required for truck
routes.
.
All parking stalls and internal parking lot drive aisles are properly dimensioned.
The main truck routes have been increased in width to 28feet.
b. The site design shall be modified to accommodate semi-truck service through
Blocks 1 and 2 without interfering with parking stalls, curb islands, and buildings.
The drive aisle widths and curb radii have been expanded to accommodate proper
truck maneuvering through the site. The site plan has provided for truck
unloading areas that should not interrupt on-site traffic circulation.
c. Parking for Lot 1, Block 1 will be calculated using the shopping center parking
ratio of 5.5 stalls per 1,000, requiring 72 parking stalls. Lot 2, Block 1 shall be
required to provide 74 parking stalls. The excess parking supply shall be
eliminated to increase green space, additional landscape islands, and improve
truck circulation patterns.
The site redesign has implemented recommended changes by the City, which
improves the site circulation, parking, and truck movements. The revised site
plan provides the following parking numbers:
Current Proof of Total
Parking
Block 1, Lot 1 54 5 59
Block 1, Lot 2 81 4 85
Total 135 9 144
.
Block 1 uses requires 146 stalls. The site plan illustrates 144 parking spaces
exclusive of the drive through automobile stacking. Including the drive through
lanes, the parking appears to be adequate for the combined uses. The cross
parking easements must be established.
The development contract should indicate that the proof of parking stalls shall be
installed at the direction of the City if parking demand exceeds the provided
supply.
Block 2 exceeds City parking requirements by one stall.
d. Additional disability parking stalls in Block 1, Lot 2.
Adequate disability parking stalls have been provided.
e.
All striped areas in the parking lots shall be parking islands with raised curb.
.
50
.
.
.
The parking lot islands are raised and landscaped.
3.
Drive Through Lane.
a. The City approved drive through lanes for both Lots 1 and 2, Block 1 of LaBeaux
Station. This approval extended only those drive through lanes that can provide
120 feet of stacking lane.
The northwestern drive through for the planning was withheld pending actual
tenant selection. Consideration of a shorter stacking lane would be dependent on
the applicant providing documentation of industrial standards for a pharmacy
drive through lane.
b. The site plan illustrates menu boards at locations that should not produce nuisance
Issues.
c. The City required landscaping along the west side of Lot 2, Block 1 to screen the
back of this building.
Additional plantings were placed along the west lot line. We would recommend a
tighter plant spacing in this area to achieve a fuller screen effect.
4.
Trash Enclosures. Trash enclosure locations and details have been provided and found to
conform to City standards.
5. Grading and Utilities. The grading and drainage plans are subject to review and
comment of the City Engineer.
6. Landscape Plan. The applicant has provided landscaping both within the parking islands
and at the periphery of the parking lots.
Staff recommends that the landscaping along the west lot line of Lot 2, Block 1 be planted
in a tighter pattern with additional shrubs to more effectively screen the back of the
building.
7. Signage. The proposed sign plan follows the City's June 6, 2005 approval. Additional
directional signs and menu boards have been located on the site per Council instruction.
8. Sidewalks have been extended between the buildings and proposed public sidewalks
along Lachman Avenue and 57th Street. The site plan should be revised to include public
sidewalk on both sides of Lachman Avenue.
FINAL PLAT
The applicant has furnished a final plat that is consistent with the approved preliminary plat,
illustrating four commercial lots and the Lachman Avenue right-of-way. Leading up to the final
51
plat, a number of area issues required attention that impact the plat approval. These issues .
include:
1. Extension of Lachman Avenue from 57th Street to 60th Street and LaBeaux Station
financial contribution to these off-site improvements.
Staff negotiations on this item have produced the following recommendation. LaBeaux
Station shall provide $93,500 in cash and donate an outlot containing the wetland and
the upland area adjoining the park.
2. The City is interested in expanding the City Park, which abuts LaBeaux Station on the
east.
The applicant is willing to work with the City on conjunction with the Lachman
extension. However, to convey this property, the final plat needs to be revised to place
this land in an outlot.
3. In conversations with the applicant, he indicated that a medical clinic may be interested
in both lots in Block 2. Both lots are necessary to accommodate the land need of this
larger use.
Due to the uncertainty of this site development, staff recommended that this portion of the
final plat also be platted as an outlot to remain as a future development phase.
.
In review of the final plat, in consideration of the aforementioned issues, we offer the following
findings:
Consistency with Preliminary Plat
The proposed lot configuration is consistent with the preliminary plat and the B-2A Zoning
District standards. That portion of the plat lying east of the Lachman Avenue right-of-way
should be illustrated as two outlots.
Streets
The final plat illustrates an 80-foot Lachman Avenue right-of-way consistent with City
requirements for location and width. The City Council directed staff to investigate the need for
additional 57th Street right-of-way. The City Engineer reviewed this issue and indicated that no
additional right-of-way is required from the LaBeaux Station final plat.
The development contract shall outline the terms for constructing Lachman A venue both within
the plat and to the north.
Lot Numbering
The final plat does not illustrate lot and block labeling. The final plat must be revised to .
illustrate lot and block numbers and outlot labels.
52
.
Easement
The final plat illustrates proposed drainage and utility easements. The City Engineer shall verify
the location and sizes of the required easements.
Sidewalks
As a condition of preliminary plat approval, the City Council required sidewalk construction
along both sides of Lachman Avenue for the full length ofthe plat. The site plan shows sidewalk
on the west side of Lachman and a partial sidewalk on the east side. The site plan must be
revised to extend the eastern sidewalk to the north property line.
Park Land Dedication
The City shall require $7,500 per acre of commercial land being subdivided. This parkland
dedication shall not apply to land platted as outlots for future development. With the submission
of the revised final plat, the cash contribution shall be calculated and included in the
development agreement.
RECOMMENDATION
In review of the revised PUD final stage plans and final plat, we recommend approval subject to
the following conditions:
. Planned Unit Development
1. Site development shall proceed in accordance with the submitted plans dated 12 April
2005, revised 16 August 2005.
2. Cross easements for access and parking as submitted for City Attorney review and
recorded with the final plat.
3. City Council approval of the parking number count and the development agreement
outline the provisions for constructing the proof of parking stalls.
4. The pharmacy drive through land is not approved with this application. The applicant
submit a separate application when the building tenant is confirmed.
5. Landscaping on the west line of Lot 2, Block 1 is intensified to provide greater screening
of the back of the building.
6. Signage plan shall comply with standards outlined in the June 6, 2005 PUD approval.
7. Sidewalks shall be constructed on both sides of Lachman Avenue.
.
Final Plat
1. Final plat is revised to label all lots, blocks, and outlots.
53
2.
The final plat is revised to create two outlots east of Lachman Avenue.
3. Applicant agree to the construction of Lachman Avenue and contribute $93,500 in cash
and donate the outlot with the land remnant next to the park to the City.
4. Sidewalks are constructed on both sides of Lachman Avenue.
5. Easement size and locations are approved by the City Engineer.
6. City Engineer approval of the grading and drainage and utility plans.
7. Payment of$7,500 an acre of subdivided commercial land exclusive ofoutlots.
8. Applicant enter into a development agreement with the City for the final plat and PUD.
c: Mike Couri
Mark Kasma
Tom Brown
54
.
.
.
.
.
.
CITY OF ALBERTVILLE
City Council
Findings of Fact
& Decision
Albertville - LaBeaux Station
Final Plat
CUP/PUD Final Stage
Applicant's Name: Cascade II Land Company LLC
Request: Cascade II Land Company, LLC is requesting approval for the development of a site to
include office space, retail, and restaurants. The request includes the approval of the following
applications:
1. Final Plat
2. Conditional Use Permit / Planned Unit Development / Final Stage
City Council Meeting Date: September 6, 2005
Findings of Fact: Based on review of the application and evidence received, the City Council
now makes the following finding of fact and decision:
A. The property is located north of 57th Street NE and immediately east of Albertville Crossings
3rd Addition.
B. The planning report dated August 26, 2005 from Northwest Associated Consultants
reviewed and presented to the City Council.
C. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
D. Traffic generated by the proposed use is within capabilities of streets serving the
property as proposed.
E. The requirements of the Albertville Zoning Ordinance have been reviewed in relation
to proposed plans.
F. The proposed actions have been considered in relation to the specific policies and
provisions of and have been found to be consistent with the Comprehensive Plan.
G. The proposed development will be compatible with present and future land uses of the
area.
H. The proposed use conforms to all applicable Zoning Ordinance performance
standards.
55
I. The proposed use will not tend to or actually depreciate the area in which it is
proposed.
.
Decision: Based on the foregoing information and applicable ordinances, the City Council
APPROVES the Final Plat (7/29/05) and PUD/CUP Final Stage (April 12, 2005, revised August
16, 2005) based on the most current plans and information received to date subject to the
following conditions:
PUD
1. Site development shall proceed in accordance with the submitted plans dated 12 April
2005, revised 16 August 2005, and conditions of June 6, 2005 PUD approval.
2. Cross easements for access and parking as submitted for City Attorney review and
recorded with the final plat.
3. City Council approval of the parking number count and the development agreement
outline the provisions for constructing the proof of parking stalls.
4. The pharmacy drive through land is not approved with this application. The applicant
submit a separate application when the building tenant is confirmed.
5.
Landscaping on the west line of Lot 2, Block 1 is intensified to provide greater screening
of the back of the building.
.
6. Signage plan shall comply with standards outlined in the June 6, 2005 PUD approval.
7. Sidewalks shall be constructed on both sides of Lachman Avenue.
Final Plat
1. Final plat is revised to label all lots, blocks, and outlots.
2. The final plat is revised to create two outlots east of Lachman Avenue.
3. Applicant agree to the construction of Lachman Avenue and contribute $93,500 in cash
and donate the outlot with the land remnant next to the park to the City.
4. Sidewalks are constructed on both sides of Lachman Avenue.
5. Easement size and locations are approved by the City Engineer.
6. City Engineer approval of the grading and drainage and utility plans.
7.
Payment of $ 7 ,500 an acre of subdivided commercial land exclusive of outlots.
.
56
.
.
.
8.
Applicant enters into a development agreement with the City for the final plat and PUD.
Adopted by the Albertville City Council this 6th day of September 2005.
City of Albertville
By:
Don Peterson, Mayor
Attest:
By:
Bridget Miller, City Clerk
57
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.
.
CITY OF ALBERTVILLE
MASTER PLANNED UNIT DEVELOPMENT!
CONDITIONAL USE AGREEMENT
LABEAUX STATION
THIS AGREEMENT, entered into this day of , 2005 by and between
Cascade II Land Development Company, 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 "LaBeaux Station"
and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and
WHEREAS, Developer has received final plat approval for 3 lots 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, approval of a Planned Unit Development is required to permit development of
Said Plat in the manner proposed by the Developer; 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
67
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; and
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein set forth, as follows:
1. Planned Unit Development. Conditional Use and Variance. The Development is hereby
allowed to be developed as a Planned Unit Development with flexibility from the strict
requirements of the City's Zoning Ordinance in relation to selected items detailed in this
paragraph.
A. Developer agrees that all buildings shall be constructed in the general vicinity of the
building envelopes illustrated on the attached Exhibit B. The exact building
placement/design shall be subject to site plan approval by the City Council except where
specifically set out in this agreement.
B. At the time of the recording of this Agreement at the Wright County Recorder's Office, .
Developer shall record a cross-parking and access easement which will allow mutual
cross-parking and access between all lots in Said Plat. Such cross parking easements
must meet the approval of the City Attorney as to form and content.
C. At the time of the recording of this Agreement at the Wright County Recorder's Office,
Developer shall record a cross-parking and access easement which will allow mutual
cross-parking and access between Lots 1 and 2, Block 1 in Said Plat and all lots in the
subdivision "Albertville Crossing Third Addition."
D. Developer shall construct the number of parking stalls in the locations and dimensions
as shown on the attached Exhibit B
E. All minimum building setbacks shall be in accordance with City, County and State
ordinances and laws.
F. Developer shall construct all private streets to a minimum width of 45 feet from back of
curb to back of curb, in the locations as shown on the attached Exhibit B. Parking shall
be prohibited at all times on all private streets, and all private streets shall be posted with
"no parking" signs installed by the Developer.
G. Developer shall maintain all private streets on Said Plat in a commercially reasonable
manner such that the streets are paved and plowed at all times and such that cars and
emergency vehicles can safely pass on said roads at all times. At the time of recording .
68
.
of this Agreement at the Wright County Recorder's Office, Developer shall record a
private street maintenance agreement which requires all four lots on Said Plat to
maintain said private streets in a commercially reasonable manner as required by this
Agreement. Such maintenance agreement must meet the approval of the City Attorney
as to form and content and shall take the form of a Retail Property Owners' Association.
Upon recording of such documents and activation of the Retail Property Owners'
Association, Developer shall be relieved of the maintenance of such private streets
except to the extent Developer's maintenance obligations arise under the Retail Property
Owners' Association by virtue of Developer's ownership of property subject to such
Retail Property Owners' Association documents.
H. In the event the private streets are not maintained in accordance with this Agreement
such that said private streets pose a safety hazard to the general public, the City shall
provide forty-eight hours notice of deficient maintenance to the owners of all of the lots
in Said Plat, after which time the City may immediately require that commercial
business not be transacted on any lot in Said Plat to which access remains impaired or
unsafe.
1. The Retail Property Owners' Association shall maintain the infiltration plantings shown
on Exhibit C in good working order at all times. The Retail Property Owners'
Association shall maintain all ponds and common areas within Said Plat.
.
1. This Agreement does not constitute building or site plan approval for any particular lot
in Said Plat, and Developer must obtain building and site plan approval for all buildings
constructed on Said Plat.
K. All uses on Said Plat shall comply with the City's B-2A zoning ordinance as amended
from time to time, except where deviations from such requirements are specifically
authorized by this Agreement.
L. All grading, drainage, utility, wetland mitigation, and transportation issues that arise
during development of the Development shall be subject to review and approval by the
City Engineer.
M. Trees, shrubs, berms and screening are to be planted and installed as shown on the
landscape plan attached as Exhibit C. The Developer shall guarantee that all new trees
shall survive for two full years from the time the planting has been completed or will be
replaced at the expense of the Developer. Developer shall not plant any fruit bearing
trees within the landscaped islands. All landscaping as shown on attached Exhibit C
shall be installed no later than July 31, 2006.
.
N. Developer shall replace, at its own expense, any plantings as shown on attached Exhibit
C that might be damaged during the construction of any future buildings on Said Plat.
Developer shall guarantee that all plantings replaced pursuant to this paragraph shall
survive for two full years from the date of planting.
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O. Other Use Restrictions. On all lots within 30 feet of any wetland, the native .
vegetation within said 30 feet of the wetland shall not be fertilized or mowed or
otherwise disturbed. On all lots within 30 feet of any wetland, no structure,
including, but not limited to, outbuildings or accessory buildings, fence, planting or
other material shall be placed or permitted to remain which may damage or interfere
with the installation and maintenance of utilities, or which may change the direction
of flow or drainage channels in the easements, or which may obstruct or retard the
flow of water through drainage channels in the easements. The easement area of each
Lot including all improvements in it, shall be maintained continuously by the Owner
of the Lot, except for those improvements for which a public authority or utility
company is responsible. No Owner or other person shall apply any phosphorus-based
fertilizers or herbicides within fifty (50) feet of any wetland or lake.
2. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located on and off Said Plat
as detailed in the Plans and Specifications for LaBeaux Station, as prepared by Oliver &
Associates dated September 2, 2005 and on file with the City Clerk, said improvements to
include installation of water mains, sanitary and storm sewers, street, curb, gutter, sidewalk
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 June 30, 2006, with
the wear course of bituminous pavement on City streets to be installed after May 15,2007, .
but before August 15,2007.
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.
.
70
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.
.
3. Special Assessments for Lachman Avenue Construction.
A. The City shall use its best efforts to acquire right of way via negotiation and construct
an extension of Lachman Avenue from the northern boundary of Said Plat north to
the existing Lachman Avenue at 60th Street. In the event the City constructs said
Lachman Avenue extension, and in recognition of the fact that said Lachman Avenue
extension will benefit Said Plat, Developer agrees that the numbered lots in Said Plat
may be special assessed a portion of the total cost (including right of way acquisition,
construction, engineering, financing and legal expenses) of said Lachman Avenue
extension. Developer and City estimate Developer's share of said Lachman Avenue
extension costs to be $93,500.00. Developer hereby acknowledges that Said Plat will
benefit from the Lachman Avenue extension in the amount of $93,500.00, consents to
the special assessment of the numbered lots on Said Plat in the amount of $93,500.00
and waives the right to appeal $93,500.00 of such Lachman Avenue extension special
assessment to the Wright County District Court pursuant to Minn. Stat. ~ 429.081. In
the event the City special assesses properties in Said Plat for such costs, the City shall
amortize such special assessments over a period not less than 3 years at an annual
interest rate not exceeding the rate of any bond issued to finance said Municipal
Improvements (or the most recently issued Albertville special assessment bond if none
is issued for this project) plus 2%.
4. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including installation of
paved streets, curb and gutter, 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 LaBeaux
Station, as prepared by Oliver & Associates dated September 2, 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 June 30,
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 each of
Lots 1, 2, 3 and 4 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:
71
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 SprintJUnited 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.
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 grading plan for Said Plat attached as Exhibit G.
Developer shall implement the grading plan in a manner that will minimize soil
erOSIOn.
H.
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
.
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landscaping and sod to be installed by the first June 30th following the issuance of
the occupancy permit.
5. Access
Access to Said Plat will occur off of 57th Street via an extension of Lachman Avenue
North in the center of Said Plat, as well as the northern curb cut for LotI, Block 1
both of which shall be in substantially the same location, size and orientation as
shown in Exhibit B. A service drive on the western portion of Block 1 shall serve as
a shared access easement for Said Plat and Albertville Crossing Third Addition and
shall be in substantially the same location, size and orientation as shown on Exhibit
B.
6. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or other surety as
approved by the City Attorney) as security that the obligations of the Developer
under this contract shall be performed. Said letter of credit or surety shall be in the
amount of $256,000.00 representing the sum of 100% of the estimated cost of the
Municipal Improvements ($211,000.00), and 150% of the estimated cost for
landscaping/screening materials ($45,000.00). 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.
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F.
In the event a surety referred to herein is in the form of an irrevocable letter of credit,
which by its terms may become null and void prior to the time at which all monetary
or other obligations of the Developer are paid or satisfied, it is agreed that the
Developer shall provide the City with a new letter of credit or other surety,
acceptable to the City, at least forty-five (45) days prior to the expiration of the
original letter of credit. If a new letter of credit is not received as required above, the
City may without notice to Developer declare a default in the terms of this
Agreement and thence draw in part or in total, at the City's discretion, upon the
expiring letter of credit to avoid the loss of surety for the continued obligation. The
form of any irrevocable letter of credit or other surety must be approved by the City
Attorney prior to its issuance.
7. Surety Release.
A.
Periodically, as payments are made by the Developer for the completion of portions
of the Municipal Improvements and/or on- and off-site Improvements, and when it is
reasonably prudent, the Developer may request of the City that the surety be
proportionately reduced for that portion of the Municipal Improvements and on- and
off-site improvements which have been fully completed and payment made
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.
lll.
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.
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.
.
.
.
.
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.
D. That portion of said cash, irrevocable letter of credit or other surety with respect to the
performance of Site Improvements shall be released upon certification of the City
Engineer and approval of the City Council that all such items are satisfactorily
completed pursuant to this Agreement, except that the portion of the letter of credit or
other surety attributable to the wetland mitigation may remain in force for a period of
five years or until. the City Council has determined that the mitigated wetlands will
remain viable and no further monitoring is necessary.
8. Abandonment of Project - Costs and Expenses.
In the event Developer should abandon the proposed development of the said Plat, the City's
costs and expenses related to attorney's fees, professional review, drafting of this Agreement,
preparation of the feasibility report, plans and specifications, and any other expenses undertaken
in reliance upon Developer's various assertions shall be paid by said Developer within thirty
(30) days after receipt of a bill for such costs from the City. In addition, in the event the
Developer abandons the project, in whole or in part, ceases substantial field work for more than
nine (9) months, fails to provide sufficient ground-cover to prevent continuing soil erosion from
the Development, or fails to leave the abandoned property in a condition which can be mowed
using conventional lawn mowing equipment, Developer agrees to pay all costs the City may
incur in taking whatever action is reasonably necessary to provide ground-cover and otherwise
restore the Development to the point where undeveloped grounds are level and covered with
permanent vegetation sufficient to prevent continuing soil erosion from the Development and to
facilitate mowing of the Development. In the event that said costs are not paid, the City may
withdraw funds from the above-mentioned surety for the purpose of paying the costs referred to
in this paragraph.
9. Developer to Pay City's Costs and Expenses.
It is understood and agreed that the Developer will reimburse the City for all reasonable
administrative, legal, planning, engineering and other professional costs incurred in the
creation, administration, enforcement or execution of this Agreement and the approval of the
Development, as well as all reasonable engineering expenses incurred by the City in designing,
approving, installing, and inspecting said Improvements described above. Developer agrees to
pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts,
Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount
owed against any or all of the Development without objection.
10. 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 8.17 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
75
$21,242.00 ($11,438.00 in sewer fees calculated as $1,400.00 x 8.17 acres and $9,804.00 in .
water fees calculated as $1,200.00 x 8.17 acres).
11. Erosion and Siltation Control.
Before any grading is started on any site, all erosion control measures as shown on the approved
Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the
attached Exhibit G. Developer shall also install all erosion control measures deemed necessary
by the City Engineer should the erosion control plan prove inadequate in any respect.
12. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any county ditch or
other ditch through which water from the Development may drain, and shall make any
necessary improvements or go through any necessary procedures to ensure compliance with any
federal, state, county or city requirements, all at Developer's expense.
13. Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage which may occur to
public property including but not limited to streets, street sub- base, base, bituminous surface,
curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when
said damage occurs as a result of the activity which takes place during the development of the
Development. The Developer further agrees to pay all costs required to repair the streets, utility .
systems and other public property damaged or cluttered with debris when occurring as a direct
or indirect result of the construction that takes place in the Development.
Developer agrees to clean the streets on a daily basis if required by the City. Developer
further agrees that any damage to public property occurring as a result of construction
activity on the Development will be repaired immediately if deemed to be an emergency by
the City. Developer further agrees that any damage to public property as a result of
construction activity on the Development will be repaired within 14 days if not deemed to be
an emergency by the City.
If Developer fails to so clean the streets or repair or maintain said public property, the City may
immediately undertake making or causing it to be cleaned up, repaired or maintained. When the
City undertakes such activity, the Developer shall reimburse the City for all of its expenses
within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill
within thirty (30) days, then the City may specially assess such costs against the lots within the
Development and/or take necessary legal action to recover such costs and the Developer agrees
that the City shall be entitled to attorney's fees incurred by the City as a result of such legal
action.
.
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.
.
14. Temporary Easement Rights.
Developer shall provide access to the Development at all reasonable times to the City or its
representatives for purposes of inspection or to accomplish any necessary work pursuant to this
Agreement.
15. Miscellaneous.
A. Developer agrees that all construction items required under this Agreement are items
for which Developer is responsible for completing and all work shall be done at
Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Contract is for any reason held invalid by a Court of competent jurisdiction, such
decision shall not affect the validity of the remaining portion of this Contract.
C. Ifbuilding permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in delays
in completion of public improvements and damage to public improvements caused
by the City, Developer, its contractors, subcontractors, materialmen, employees,
agents, or third parties.
D.
The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce this Contract
shall not be a waiver or release.
E. This Contract shall run with the land and shall be recorded against the title to the
property.
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.
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1.
K.
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.
.
1. 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.
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 l00-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.
.
Developer shall obtain all required driveway, utility and other permits as required by
either the City Engineer, Wright County and/or the State of Minnesota.
16. Draw on Expiring Letter of Credit.
In the event a surety referred to herein is in the form of an irrevocable letter of credit, which
by its terms may become null and void prior to the time at which all monetary or other
obligations of the Developer are paid or completed, it is agreed that the Developer shall
provide the City with a new letter of credit or other surety, acceptable to the City, at least
forty-five (45) days prior to the expiration of the expiring letter of credit. If a new letter of
credit is not received as required above, the City may declare a default in the terms of this
Agreement and thence draw in part or in total, at the City's discretion, upon the expiring
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.
17. Violation of Agreement.
A.
In the case of default by the Developer, its successors or assigns, of any of the
covenants and agreements herein contained, the City shall give Developer thirty (30)
days mailed notice thereof (via certified mail), and if such default is not cured within
said thirty (30) day period, the City is hereby granted the right and the privilege to
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.
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declare any deficiencies governed by this Agreement due and payable to the City in
full. The thirty (30) day notice period shall be deemed to run from the date of
deposit in the United States Mail. Upon failure to cure by Developer, the City may
thence immediately and without notice or consent complete some or all of the
Developer's obligations under this Agreement, and bring legal action against the
Developer to collect any sums due to the City pursuant to this Agreement, plus all
costs and attorney's fees incurred in enforcing this agreement. The City may also
specially assess all said costs incurred upon default against the properties in the
Development pursuant to the terms of this agreement.
B.
Notwithstanding the 30-day notice period provided for in paragraph 17(A) above, in
the event that a default by Developer will reasonably result in irreparable harm to the
environment or to public property, or result in an imminent and serious public safety
hazard, the City may immediately exercise all remedies available to it under this
agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm
or safety hazard, provided that the City makes good-faith, reasonable efforts to
notify the Developer as soon as is practicable of the default, the projected irreparable
harm or safety hazard, and the intended actions of the City to remedy said harm.
C.
Paragraph 17 A of this Agreement shall not apply to any acts or rights of the City
under paragraph 6F, and no notice need be given to the Developer as a condition
precedent to the City drawing upon the expiring irrevocable letter of credit as therein
authorized. The City may elect to give notice to Developer of the City's intent to
draw upon the surety without waiving the City's right to draw upon the surety at a
future time without notice to the Developer.
D. Breach of any of the terms of this Contract by the Developer shall be grounds for
denial of building permits.
18. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good and marketable
title to the Development, and upon completion of all construction work and
certification of completion by the City Engineer, shall dedicate all 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$61,275.00 in satisfaction
of the City's park and trail dedication requirements. This charge is calculated as
79
follows: 7.78 acres (exclusive of Outlot A) x $7,500 per acre = $58,350.00. .
Developer shall pay this amount prior to the release of the final plat by the City.
c. Dedication of Outlot A.
Developer shall deed Outlot A to the City upon recording of the final plat at the
Wright County Recorder's Office.
19. Administrative Fees.
A fee for City administration of this projects shall be paid prior to the City
executing the Plat and this Agreement. Said fee shall be three percent of the
estimated construction costs of the Municipal Improvements within the Plat. The
administrative fee for this Plat is $6,330.00. Seventy-five percent of this fee shall
be paid upon issuance of the final Plat with the remaining twenty-five percent of
the fee to be paid upon substantial completion of the Municipal Improvements.
20. 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.
21. Indemnity.
Developer shall hold the City and its officers and employees hannless from claims made by
Developer and third parties for damages sustained or costs incurred resulting from the
Development approval and development. The Developer shall indemnify the City and its
officers and employees for all costs, damages or expenses which the City may payor incur
in consequence of such claims, including attorney's fees. Third parties shall have no
recourse against the City under this contract.
22. Assignment of Contract.
The obligations of the Developer under this Contract can be assigned by the Developer.
However, the Developer shall not be released from its obligations under this contract
without the express written consent of the City Council through Council resolution.
.
80
.
.
.
23. Limited Approval
Approval of this Agreement by the City Council in no way constitutes approval of anything
other than that, which is explicitly specified in this Agreement.
24. Professional Fees.
The Developer will pay all reasonable professional fees incurred by the City as a result of
City efforts to enforce the tenns 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 tenns 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.
25. Plans Attached as Exhibits.
All plans attached to this Agreement as Exhibits are incorporated into this Agreement by
reference as they appear. Unless otherwise specified in this agreement, Developer is bound
by said plans and responsible for implementation of said plans as herein incorporated.
26. Integration Clause. Modification by Written Agreement Only.
This Agreement represents the full and complete understanding of the parties and neither
party is relying on any prior agreement or statement(s), whether oral or written.
Modification of this Agreement may occur only if in writing and signed by a duly
authorized agent of both parties.
27. Notification Information.
Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for
the City) or registered mail addressed as follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Cascade II, LLC
21025 Commerce Boulevard
Suite 900
Rogers, MN 55374
Telephone: 763-463-0289
Fax: 763-463-0290
81
28. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives, heirs, successors
and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By
Donald Peterson
It's Mayor
By
Bridget Miller
It's Clerk
CASCADE II LAND DEVELOPMENT COMPANY
By
Its:
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
82
.
.
.
.
.
.
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
, 2005, by , as
Development Company.
day of
of Cascade II Land
Notary Public
DRAFfED BY:
Couri, MacArthur & Ruppe, P .L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
83
EXHmIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies is as follows:
Lots 1 and 2, Block 1
Lot 1, Block 2
Outlot A
All said property is located in the plat of LaBeaux Station, City of Albertville, County of Wright,
State of Minnesota.
84
.
.
.
.
ExmBIT B
Site Plan
ExmBIT C
Landscape Plan
EXHIBIT D
Sanitary Sewer, Water Main, Storm Sewer and Street Plan
ExmBIT E
Lighting Plan
.
ExmBIT F
Signage Plan
ExmBIT G
Grading Plan
.
85
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NOR T H W EST ASS 0 CIA TED CON 5 U L TAN T 5 ,1 N C .
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
PLANNING REPORT
TO:
Larry Kruse, City Administrator
FROM:
Cassie Schumacher-Georgopoulos / Daniel Licht
DATE:
August 4, 2005
RE:
Albertville - Smackdown's Bar and Grille; Staircase Variance
FILE:
163.06 - 05.25
BACKGROUND
Mr. John Mabusth has submitted a request for a variance to allow for an open staircase accessing
the second floor of the Smack Down's Bar and Grill building to encroach into the required rear
yard setback. The applicant's property is located at 5772 Main Avenue and is zoned B-4,
General Business District within Downtown Albertville.
The building was nonconforming in that it does not meet the setback performance standards set
by the Zoning Ordinance; a variance was granted December 2, 2003 to waiver its non-compliant
status. The building and disability accessible ramp encroaches 5.7 feet into the 20' rear yard
setback. The current proposal is to have the staircase run the width of the ramp and not intrude
any further into the rear yard setback.
Attached for reference:
Exhibit A: Applicants Request
Exhibit B: City of Albertville Findings of Fact and Decision
Exhibit C: Certificate of Survey
Exhibit D: Detail of Variance Area
ANALYSIS
Variance. The building is currently a nonconforming structure allowed by a variance as the rear
of the building encroaches 5.6 feet into the required 20-foot setback. The variance for this
application is to expand the current disability accessible landing nine (9) feet the width of the
building to add a new staircase to service the second floor of the building without encroaching
further into the required rear yard. Currently there is no access to the second floor through either
the interior or exterior of the building. Without access to the second floor, valuable floor space
91
in the downtown area is unusable. Section 500.I(c)(I) of the Ordinance reviews the following .
conditions for a variance:
(J) In considering all requests for a variance and in taking subsequent action
the City Staff, the Planning Commission and the Council shall make a
finding of fact that the proposed action will not:
a. Impair an adequate supply of light and air to adjacent property.
Comment: The staircase will be flush with the building and not protrude
over the peak of the roof.
b. Unreasonably increase the congestion in the public street.
Comment: The staircase will be on the alley side of the building and will
not protrude any further into the alleyway that the current disability
accessible ramp.
c. Increase the danger of fire or endanger the public safety.
Comment: The staircase will be the only entrance and exit to the second
floor, as currently the second floor does not have access. Occupancy of
the second floor space will be subject to applicable building and fire .
codes.
d. Unreasonably diminish or impair established property values within the
neighborhood or in any way be contrary to the intent of this Chapter.
Comment: The site abuts a single-family residential property to east. There has
been a history of complaints regarding excessive noise extruding from the
rear of Smack Down's. The open staircase would possibly generate more
noise and activity in the rear of the building adjacent to the residential lot.
If the rear entrance use is limited and the staircase is enclosed there should
be no negative impacts on the neighborhood. Enclosing the staircase would
also have the effect of creating additional structural separation between the
restaurant use and the adjacent residential use potentially alleviating
existing compatibility issues.
e. Violate the intent and purpose of the Comprehensive Plan.
Comment: The use of the property is not changing; therefore, there is no
violation of the Comprehensive Plan.
f Violate any of the terms or conditions of Item (2) below.
Comment: Review of Item (2) follows.
.
92
.
(2) A variance from the terms of this Chapter shall not be granted unless it can
be demonstrated that:
a. Undue hardship will result if the variance is denied due to the existence of
special conditions and circumstances, which are peculiar to the land, structure or
building involved.
Comment: In the past access to the 2nd floor was by a staircase on the
exterior of the building. Access to the second floor has never been
available through the interior ofthe building. Access through the interior
would structurally alter the building, which was not designed or built to
support an indoor staircase.
b. Literal interpretation of the provisions of this Chapter would deprive the
applicant of rights commonly enjoyed by other properties in the same
district under the terms of this Chapter, or deny the applicant the ability to
put the property in question to a reasonable use.
Comment: Denial of the variance would not allow the applicant to use the
second floor of the existing building in a safe manner.
.
c. The special conditions and circumstances causing the undue hardship do not
result from the actions of the applicant.
Comment: The building was built in 1904, which predated the
establishment of the setback requirements from which a variance is being
sought meaning that the need for variance is not a direct result of the
actions of the applicant or those persons that originally constructed the
building.
d. Granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, structure or buildings.
Comment: The granting of the requested variance is based on the unique
circumstances of the existing building and property that does not establish
precedence applicable to other properties or buildings within the B-4
District.
e. The request is not a use variance.
Comment: The request is not a use variance.
.
f. Variance requested is the minimum variance necessary to accomplish the
intended purpose of the applicant.
93
Comment: The width of the staircase will not exceed the width of the .
existing handicap ramp.
Denial of the variance would deny the owner of putting owned property to a reasonable use. The
applicant wishes to use this area as storage space for cleaning supplies and paper products, it will
not be inhabited. Because the second floor as fallen into disrepair, the owner will be putting in a
new sub floor to ensure the safety of the space.
RECOMMENDATION
Staff recommends approval of the staircase to access the second floor. However, the built
staircase must be enclosed and accessed only by a locked door at the base of the stairs. The
enclosed staircase would provide a large buffer for the building from the adjacent residential lot
whereas an open staircase would only increase noise in the rear of building. As such, our
recommendation includes the following stipulations.
1. Occupancy of the second floor of the existing building and construction of the staircase
shall comply with applicable Building and Fire Codes, subject to approval by the City
Building Official.
2. The staircase shall be fully enclosed to minimize noise and create a buffer for the
abutting residential property to the east.
3.
The staircase shall be secured by a locked security door at the base of the stairs.
.
4. Comments of other City staff.
pc: Mike Couri, City Attorney
Jon Sutherland, Building Official
Mark Kasma, City Engineer
John Mabusth
P.O. Box 51
Albertville, MN 55301
.
94
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CITY OF ALBERTVILLE
City CounCil
Findings of Fact
& Decision
Smack Downs
Rear Yard Variance
Applicant's Name: John Mabusth
Request: John Mabusth has submitted a request to add a staircase to the rear exterior
of his restaurant, Smack Downs. located at Sn2 Main Avenue in the 8-4, General
Business District of Downtown Albertville. The request involves approval of a variance
for the staircase to encroach into the require 8-4 rear yard setback.
Planning Commission Public HeartngDate: August 9, 2005
City CounCil MeeUng Date: September 6j 2005
Findings of Fact: Based on the review of the application and evidence received, the
City Council now makes the following finding of fact and dedslon:
A. The legal description of the subject property is Lot 3, Lot 4. and Lot 5. Block 1
Eulls Addition.
The planning report dated August 9, 2005 and the November 2002 resolution of
Findings of Fads and Decisions from Northwest Associated Consultants are
Incorporated herein.
C. The proposed use can be accommodated with existing public services and will
not overburden the City's seMce capacity.
B.
D. The requirements of the Albertville Zoning Ordinance have been reviewed in
relation to the requested variance.
E. The proposed staircase will be compatible with present and future uses of the
building .
F. The proposed staircase will not tend to or actually depreciate the area in which it
is proposed.
G. Upon the revie'tN' of the application and hearing of public testimony at their August
9, 2005 meeting and November 2002 resolution, the Planning Commission
recommended approval of Smack Downs requested for a variance subject to the
conditions of the Planning Report and past CUP approval.
95
Decision:. Based on the forgoing information and applicable ordinance, the City
Council APPROVES the Variance based on the most current plans and information
received to date subject to the following conditions:
.
Variance
1. Occupancy of the second floor of the existing building and construction of the
staircase shall comply with applicable Building and Fire Codes, subject to
approval by the City Buildi ng Official.
2. The staircase shall be fully enclosed to minimize noise and create a buffer for the
abutti ng residential property to the east.
3. The exterior materials used to enclose the staircase shall compliment the
building and be of a durable/maintenance free material approved by the City.
4. The staircase shall be secured by a locked security door at the base of the stairs.
5. The parking lot is to be paved and striped in accordance with City Code SectIon
1200.4. A paving plan Is to be submitted and approved by City Staff piorto
paving. Curbing and landscaping is to be included as illustrated in Exhibit E, in
the Planning Report dated November 7. 2002.
7.
The dumpster is to be enclosed and screened from view in accordance with City
Code 1000.15(b). subject to the City Planner review and approval.
Rear entrylexit from bar is to be used for handicap accessibility or emergency
exit, not for normal everyday use.
.
6.
8. With the parking lot paving plan, a site drainage plan should also be submitted
that illustrates site drainage pattems and addresses site drainage along the
shared eastem line. The drainage plan shall be subject to City Engineer review
and approval. Trunk Fund pays for the storm water improvement.
Adopted by the Albertville City Council this 7th day of September 2005.
City of Albertville
By:
Don Peterson, Mayor
Attest:
By:
Bridget Miller, City Clerk
.
96
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EXHIBIT B
1.1. Mabustb
Smackdowns Bar & Orill
sm Main Ave NE
DESCJJPTION OF REQUEST
The owner _I approval of a setback variaDce to allow the reconsaroctiOD ofan aceus
stU: to tile second. tloor. The stair SU'Ucture will eocroatb no doser to me east lot line
adjacent to residential zoned property than the exis1itag handicap accessible stair deckiDS
located 9.4 feet &om said Jot 6ne. The existing setback &om privacy fence located on
residential property O\VDet's lot iil 1.7 feet. The.acceu to second level will allow repair
and regular maintenance of wiQdows and door and coJ1ltJ'uCtion of a. dmmed Jrt(1J1gc room
area foe the kcepins of paper products. deaninsmlterials It equipment, seuomal sips .t
decorations, fUrniture not in use, ladders. ate. 'The owner UDderstIRds that all coostrnctioa
will be subject to State BWlding &; Fire Code standards. The stair will be limited to the
use of O\\IDen and specified penonnelwidl pted locked ICCeSS at base of access stair.
The current owner asks that the stair not be eadoscd 15 required in !be City 1 s 2003
review for the development of the entire second level as an owner occupied residential
unit. An enclosed ac::cess stair would pbysicaDy limit use of only access to storage room.
The applicant and IlOwowner of the stnIcture will not fimher deveJop the :SeCoIld level
without an interior acc:css Stair and the enclo.ture of external access stn.ICtUre. ne
applicant also accepts and agreel to all conditions set forth intbeCity's amended
resolution of2003 attachedlO this exhibit for your infonnwort
REASONS WHY REQUEST SHOtJLD BE GRANTED:
I The strnct.ure will not encroadl any further i.nto the substandard setback yard than
exislinS approved handicap access deddng.
2 The propoted. stmcture will replace a former access stair providing the only access to
secondleve).
3 The second level area bas fallen into disrepair because there bas been no safe or legal
access provided to structure,
4 Use of the access stair will be Hmited to use of owner and spe.:;ified personnel and
physicaUy restricted by a locked gate at the base of stair.
S The existina use of the property conforms witb the pulpaR of the B-4 wni. district. a
bilh intensity commercial use located widtin tbehistoric downtown area oftbe City.
6 The property is restricted by a 17 feet access easement located within the entire nonb
sKte yard that serves a multiple unit residential structure within . commercial
zoning district.
7 The subject property located witlUn a hiab intensity commercial zone is bordered 00 the
east and south lot lines by single family zoning placing additional constraints and\or
CC)nsWerations with the improvement ofthil property. The owner understands and accept$
this reality" In the 2003 rmew. the City required tile enclosing oftl1e staircase in order to
m,inimize noise ofresuuram\ bar and ,,;sual impact withunrestrided use of Din to
owner ocwpiedapartmettt. Noise is DOt emitted from the seerion of bull ding wh$-e stairs
14
EXHIBIT A
97
Coot. EXHIBIT B
pap 2
J.J.Mabustb
Smackdown's Bar" GriU
5712 Main Aw NB
will be located. Noise comes from bar area with the opening of emetPICY door. The
Owner pl8l1$ approprilte signage to further advise of limitations withose or door and to
build a vestibule withinoer door. This will limit the emission of noise IIUl the Joss of
eBersY'.
IF A REQUEST FOR A PLANNING\ZONlNG ACTION ON mE SUBJECT SITE OR
ANY PART THEl..EOF HAS BEEN PREVIOULSY SOUGHT. PLEASE DESCR.1BE .
IT BELOW;
On Jawary21, 2003, the Albertville Council approved an amended resolution aranlina
approval ofa Conditional Use Permit that ~ permit coastruction ofan.owaer .
occupied residential unit and two setback variances cbat.would permitoonstnlction of an
apartment within the entire second level floor area and recomtruction of an exterior
access stair that was to be enclosed,
The applicant never purchased property nor commenced construction of proposed
improvements. .
98
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.
.
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.
'1.188
CITY OF ALBERTVILLE
City Council
Findings of Fact
& DecIsion
COnditional Use'Permit
Variance
Applicant'. Name: Gary Vets~,
Request: The applicant is requesting a conditional use perinit (CUP) In ordarto
allow anaecessory residential use on the serond floor of an existing commercial use
(Smack Down"s Bar and Grill). Theapp1icant's buildilg is an existing non-confamfng
structure in the B-4Oistrk;t. The applicant is requesting a variance to the rear and skte
yard se1badt requirements.
Planning Commission Public Hearing Date: November 12". 2002
City Council Meeting Date:
December 2l1ld. 2002; January 21.2003
.,
Findngs of Fact: Based on review of the application and evidence received, the City
CouncN now makes the foRowing finding of fact and decision:
The Planning Report dated November 7,2002 prepared by NAC is
incorporated herein.
8, Comments from the CIty Engineer are incorporated herein.
A.
C. The Planning Commission Recommendation for the appfication is
incorporated herein. '
0, Expansion of the nonconforming structure, in connection with compliance
of the required conditions of approval outlined herein, will lessen the
non..c:onformity.
E. The Conditional Use Permit is in substantial compliance witt. the
AlbeftvU'e Zoning Ordinance (with the conditions of approval outlined
nerein).
F. The Variance is in substantiat compliance with the AlbertVille Zoning
Oldinance(with the conditions of approval ouUined herein).
1
18
Gary VetschlSmeck Down's Bar and GriD
FIndings of Fad and DeciSion
EXHIBIT B
99
Decision: Based on the foregoing conskteratJons and applicable ordinances, the
Conditional Use Permit and Variance are .pprovtdbased on the most current plans
and Information received to date, subject to the foIowingconditions: .
1. The ac:ceS$Ory residential use rnJst be an owner occuped unit.
2. The parking lot is to be paved and striped in acoon:tance with City Code
Section 1200.4. A paving plan is to be submitted and approved by City
Staff prior to paving. Curbing and landscaping fa to be induded as
ilustrated in Exhibit E.
,...:1. Th. rH!:O ItIt at tth, M1Ddn:ri:U:il '-lUIlraj MUte pareelle Ie "'''''''Jved.
P. jei... IIarlting ag,e.meftt with at. AIle" PeFieh CeMlr .A,,,,,,~ ~nued .
u~ ur l1.~I( ,UJFkiRg leat .....Ie II. ....ed and submitted Ie Oil)' a,h!IIf.
suit8bl6 tt, lhe AM_ ana appJ1Jvdl uf the Cil) Attomey.
The dumpster is to be enclosed and screened form view in acoordanee
with cay Code 5edk)n 1000.15(b), subject to City Planner review and
approval.
Any lighting added to the entrance of the residential use and all existing
lighting should be modified to deflect Ught away from adjoining residential
area as described in Section 1000.10 of the City Ordinance, SUbject 0 City
Planner review and approval.
Rear entrylexit from bar is to be used for handicap accessibilitY or
emergency exit, not for normal8Y8ryday use.
Bulding code concems are addressed and satisfied via the Building
Official.
9. With the parking lot paving plan, a site drainage plan should also be
submitted that illustrates site drainage patterns and addresses site
drainage along the Shared eastem lot line. The drainage plan shall be
subject to City Engineer review and approval, T......,.,t.. .~-A PM! ~ ~..._ ~ I i'~
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6.
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8.
.
Adopted by the Albertville City Council this 2nd day of December 2002.
Attest:
By:
City of Albertville
By:
Scott Wallace. Mayor
Linda Goeb, City Administrator
2
Gaty VetsdVSmeck Dawn'. Bat and GnU
Findingii of Fad .nd OKision
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EXHIBIT E
l.E(JAL DftQl
The IWNt 89.
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thill nat"th .!.!
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.
NOITHWEST ASSOCIATED CONSULTANTS, I NC...
4000 Olson Memorial Highw-v, Suite 202, Golden Vallev, M N 55422
Telephone: 703.231..256& Facsimile: 763.231,2501 planners@nacplannlng.com
MEMORANDUM
TO:
FROM:
Larry Kruse - City Administrator
Cassie Schumacher~Georgopoulos I AI Brixius
DATE:
August 231 2005
RE:
NAC FilE:
Albertville - Hotel I Water Park Development
163.06 -05.24
.
On August 9, 2005 the Albertville Planning Commission voted in favor of the applicant
of the general concept plan of the Albertville Hotel I Water Park Development to
proceed into the PUD development stage. The concept plan approval does not grant
any development rights to the applicant. Approval for the applicant to proceed to
development .stage is in accordance with Zoning Ordinance Section 2700.3(b). The
concept plan of the Albertville Hotel ., Water Park Development is subject to the
following conditions to be resolved with the development stage:
1. Processing of a preliminary and final plat to combine the property involved in the
development site.
2. Vacation of any existing easements currently on lots of record.
3. Construction of Keystone Avenue to 70th Street to establish second mean.s of
access for this Intensity of land use.
4. Satisfaction of SAC and WAC fees associated with a development of this type
and size.
The development Is also subject to the following conditions set by the City Engineer's
Report dated August 4, 2005:
1. Six (6) inch sanitary sewer and water services are stubbed out tot the site along
the west side of Keystone Avenue.
.
2. A sidewalk or trail should be considered along thewsst side of Keystone Avenue
and the south side of 67th Street.
105
3.
The City should consider extending a sidewalk or trail from the proposed site to
the Outlet Mall. I anticipate that waterparkl hotel users will be walking to the
mall. We should discuss the walkway and possible routes during our next staff
meeting;
.
4. With the antidpated traffic (over 600 parking stalls), ano1her entrance/exit to the
site should be constructed. Staff has discussed extenclng a roadway from the
intersection of 67th Street and Keystone Avenue to the north to 70th Street.
5. Storm water calculations are needed to evaluate the capacity of the proposed
storm water pond.
6. The landscaping plan has a gap along the 1-94 side of the site. Landscaping
should be continuous along 1-94.
7. All entrances/exits should have concrete aprons and should be widened to at
least 32".
8. The roadway along 1-94 should be widened to at least 32' .
9. Additional handicapped stalls should be identified in the westerty parking lot.
10. Preliminary SAC and WAC charges can be identmed after further discussion with
the Architect and Owner.
Application of the following detailed information will be required as the project pmoeeds
into PUD development stage:
1. Preliminary and final plats to combine all the property into a single lot.
.
2. Vacation of any existing easements on the property.
3.
Site Plan
a.
b.
c.
d.
e.
f.
Building location I setbacks
Parking and loading I clmensions
Traffic drculation
Ponding and landscape areas
Pedestrian drculation
Trash endosures
4. Grading and Drainage Plan
a. Site grading
b. Storm water management
c. Wetland mitigation
d. Erosion control
2
.
106
. 5.
. 9.
.
Utility Plan
a.
b.
c.
d.
Sanitary sewer connection, location and pipe size
Water usage estimation
Water connection, location and pipe size
Fire protection, building sprinlder, hydrant location
6..
landscape Plan
a. Green space location
b. Plant species, size, number. location
c. Ground cover
d. Irrigation
e. Parking lot landscaping
Ughting Plan
a. Ughtfixture /90 degree cut off lighting
b. Pole details, height, location. design
c. Photometric plan
Building Plan
a. Floor plan broken down by use
b. Detailed building elevation
1) Extelior building design
2) Exterior building finishes
3) Materials and colors
7.
8.
Signage Plan
a. Wall signage
b. Free standing identification signage
c. Traffic directionall signage
d. Di rectory signage
e. Size, location, and design of each
The following additional information is being requested by Staff as part of the PUD
application due to the size. location and intensity of the use:
1 . Traffic Study
a. ProJectedt~cgeneration
b. Distribution pattern
c. Any necessary street improvements on site or off site
d. The effect on and alternatives for CR37
2. Water consumption forecasts of the various proposed uses
a. Water park operation, water recycling, draining pools, cleaning
pools and chemicals in the water.
3
107
le.47 Aae site loclll. ia~ MN
'mubject Survel
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MOllMWlllAIIOt'AlID COMI""lAM11't 'Mt,
4800 Olson Memorial Highway, Suite 202, Golden Valley, M N 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
PLANNING REPORT
TO: Larry Kruse, City Administrator
FROM: Ann Kluessendorf / Alan Brixius
DATE: August 4,2005
RE: Albertville Hotel/Water Park Development
NAC FILE: 163.06 - 05.24
BACKGROUND
Albertville Holdings is seeking concept PUD review of a proposed hotel / water park
development with convention center and restaurant. The proposed 10.47-acre site is located at
the southwest intersection of 67th Street and Keystone Avenue. Currently zoned PUD: Planned
Unit Development, the proposed site has a base-zoning district of B-3: Highway Commercial
District, which accommodates automobile related land uses.
According to submitted general concept plan, the applicant is seeking input to gauge and address
land use acceptability and site design issues. It is noted however, that general concept plan
review approval does not carry development rights.
While the submitted survey identifies the proposed site as 10.47 acres, the general concept plan
includes an additional three (3) acres of I -I: Light Industrial to the west. This discrepancy
between the plan and the survey will need to be addressed by the applicant.
Attached for reference:
Exhibit A: Subject Survey
Exhibit B: Subject Aerial View
Exhibit C: Narrative Summary
Exhibit D: General Concept Plan
Exhibit E: City Engineers Comments
ISSUES AND ANALYSIS
Adjacent Uses. The site is located northeast of Interstate 94, west of Keystone Avenue NE and
south of 67th Street NE. Property north and west is guided I-I: Light Industrial and property to
109
the east is guided PUD. Directly to the south lies Interstate 94, which divides this subject site .
from the R-5: Medium Density Multiple Family district.
Comprehensive Plan. The Albertville Comprehensive Plan envisions the adjacent 1-1: Light
Industrial zoning district converting to commercial land use. This proposed hotel/water park
development would produce viability and visibility to adjacent existing and future commercial
ventures.
Site Circulation. The site's location offers visibility from Interstate 94 and provides customer
traffic for the adjacent businesses due to its terminus at the northern portion of the linear business
corridor.
According to the general concept plan, the hotel/water park site will be accessed by one (1)
entrance off Keystone Avenue and two (2) entrances off67th Street. Currently, 67th Street serves
as a long cul-de-sac servicing traffic from the Albertville Business Park.
Building Setbacks. According to the base-zoning district B-3, the minimum setbacks have been
met in the general concept stage. The proposed footprint of the 5-story hotel depicts a more
significant setback to the property boundary than the lower water park and conference center
buildings.
The setbacks are as follows:
- , eqUlre ropose ompJ ant
East Front Yard 35 feet 42 feet Yes
North Side Yard 20 feet, except not less than 35 feet 42 feet Yes
abutting 67th Street when abutting and "R" district.
South Side Yard 20 feet, except not less than 35 feet 42 feet Yes
abutting Interstate 94 when abutting and "R" district.
B 3 R . d
P
d C
Ii
.
110
.
.
.
West Rear Yard
20 feet except not less than 35 feet
when abutting an "R" District
24 feet
Yes
Building Height. The general concept plan proposes the hotel building height as sixty to
seventy two (60 -72) feet with the adjoining water park as twenty five to thirty (25 - 30) feet.
According to B-3 underlying zoning district requirements, the maximum building height of the
principal building/structure is thirty-five (35) feet.
These proposed heights will require PUD flexibility and City approval. Fire Code Consultant
and Fire Department review and comment will be required to identify potential building height
complications in regards to fire protection.
Utility and Fire Protection. As part ofPUD agreement, applicant must provide SAC and WAC
charges, calculated by the City Engineer to estimate utility usage.
Lighting. Applicant must provide a lighting photometric plan for plan development stage.
Landscape Plan. Applicant must submit a detailed landscape plan indicating plant locations,
varieties, sizes and monument signs for plan development stage.
Streets and Parking. Applicant has asked for flexibility in parking requirements through
facilities' shared use. As part of PUD agreement, applicant must provide documentation and
evidence of parking shared use-parking demand.
According to submitted application, the following parking requirement calculations based upon
the hotel and conference rooms have been identified:
B-3, Re uired
Hotel
One stall per guest room, one stall
for each 10 guests plus one space
for each employee on shift.
Conference
Center (meeting
rooms and
ban uet hall)
One stall per three persons based
on maximum capacity.
Restaurant
One stall for each 40 square feet of
gross floor area of dining and bar
area and one space for each 80
square feet of kitchen area.
Pro osed
330 stalls (based
on 300 rooms)
270 stalls (based
on 72 mtg. room
stalls and 200
ban uet hall stalls .
None
Com Iiant
No, applicant
must provide
additional
employee
arkin
No, applicant
must provide
restaurant
parking per
Ordinance.
111
RECOMMENDATION
.
Albertville Holdings is requesting general concept plan input for a proposed hotel/water park in
the Albertville Business Park. This development represents an opportunity to provide high
intensity land use. The Planning Commission should offer comments as to whether the land use
and site design is appropriate for the proposed location and identify what issues must be
addressed if PUD development stage is to proceed.
Based on our review of the issues, the following issues must be resolved with development stage:
1). Processing of a preliminary and final plat to combine the property involved in the
development site.
2). Vacation of any existing easements currently on lots of record.
3). Construction of Keystone Avenue to 70th Street to establish second means of access for
this intensity of land use.
4). Satisfaction of SAC and WAC fees associated with a development of this type and size.
5). Comments from City Engineer referenced as Exhibit E.
If the project proceeds to PUD development stage, application of the following detailed
information will be required:
.
1) Preliminary and final plats to combine all the property into a single lot.
2) Vacation of any existing easements on the property
3) Site plan
a. Building location / setbacks
b. Parking and loading / dimensions
c. Traffic circulation
d. Ponding and landscape areas
e. Pedestrian circulation
f. Trash enclosures
4) Grading and drainage plan
a. Site grading
b. Storm water management
c. Wetland mitigation
d. Erosion control
5) Utility Plan
a. Sanitary sewer connection, location and pipe size
b. Water usage estimation
c. Water connection, location and pipe size
.
112
.
.
.
d. Fire protection, building sprinkler, hydrant location
6) Landscape Plan
a. Green space location
b. Plant species, size, number, location
c. Ground cover
d. Irrigation
e. Parking lot landscaping
7) Lighting Plan
a. Light fixture / 90 degree cut of lighting
b. Pole details, height, location, design
c. Photometric plan
8) Building Plan
a. Floor plan broken down by use
b. Detailed building elevation
I) Exterior building design
2) Exterior building finishes
3) Materials and colors
9) Signage Plan
a. Wall signage
b. Free standing identification signage
c. Traffic directional signage
d. Directory signage
e. Size, location and design of each
Additional Information. Due to the size, location and intensity of this use, staff would also
request the following additional information as part of the PUD application:
I) Traffic study
a. Projected traffic generation
b. Distribution pattern
c. Any necessary street improvements on site or off site.
2) Water consumption forecasts of the various proposed uses
a. Water park operation, water recycling, draining pools, cleaning pools and chemicals in
water.
CONCLUSION
Our staff feels that this proposed hotel/water park development with convention center
and restaurant is an appropriate land use for this PUD. Due to its visible location off
Interstate-94, it has the potential to draw visitors to the community for extended stays.
Its location also provides traffic and commerce for adjacent business owners.
Our staff recommends approval of the general concept plan stage for site and building
113
plan review. This does not however, give the applicant development rights. Approval
for the applicant to proceed to development stage is in accordance with Zoning
Ordinance Section 2700.3 (b). Development stage submission should depict and
outline the proposed implementations of the general concept stage for the PUD.
Information from the general concept stage may be included for background and to
provide a basis for the submitted plan.
pc: Mike Couri
Mark Kasma
Jon Sutherland
Dennis Hobby
114
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10.41 Acnt'.telocated ill AJbertvUIe.MN
Na"'tlYcp~.H11Jmarx
"The goal or this project is todlwelop the'.~'hoteVconfenHIce
centerIw8Ierpar complex In the CU1'8nt 1\......... This would be,.. '
aa.:omplsbed huugh a mixed use development oontai1i1g high quallylodglng.
conference, . restaurant. and fndoorwatlrpaikfOrthe 13-eae site. 1be 1M.
Icat8d dhdIy. off........ HIgI\.4&y M is awned andwaa developed by
Darkenwald RulEslate. ltd.. and CUI"r8ntIy is the best located praperty available
for purc:haee in MBftvtl,1e. Minnesota .
This bU8ineea decision Is b8eed on the five foIoMng iIema:
1. A well m8fnt8InId.high occupancy ~property will provide
..many ye8IS of...., C8Ih PrafIIa to Ita 0W1W8.
2. This lN8IllocIiled, highly ... hOtel ptq)eIty wilbe receesion
....nt. provIdktg pItIftIa throughout good &'bad ecoftOIIIic cydea.
3. AIbertvIIe Pflmkm Outlet mall located next to this project provides
a minimum of 4 ..... viBiIoIa annual)'.
4. C8beIa'a neW ou8eI store located In nearby Roge.... MNis
~ to draw...... mlion viIiIioreper year. .
5: AIberMIIe II poeiIoned beI\......, two major n&tceta and h_very
high pal8-by.tndftc on f...94.
6. The local market wiI frequent the location due to the vacation
qualties oftle indoor'~
An analysis of maIket potentials for development on the site has not yet been
conducted by oweclnpany. However.... foIIowq eIemente have been
concluded. being good anlidatet for1he 8~
QualIty'..... - A ful ....nc.300 room quBIJty hOIeI with
J*Idng and waterpartc; would function as . family destination while cebmng to the
conferenCBI as WIll. CCIIMlerdal busi......The holelfwater'pw1c would bathe
belt qualily.~ facility in the .....,......
Conte...... Cera.... - A hlgh--tech conference center wiIh a mix of dedic8ted
meeting moms. leclure ..... pI8 ...bJr .... banquetfaciHties, and,support
seMce$ would be functionallY integrated with the hotel In older to tap 1he
lucratIVe corporate confer8ncaIIr8iing m&Iket. . well... other format events.
Wiler Park'and Reo""".ANa - The entn waterpark would be
dedicated to family f8CI"8ItiOniDt _....1ion.. including multiple water slides and
a .poed>It slB'flng pool. The ..water park wII be designed to be 8 signature
,'atIr8cticn .... icon for the ...
EX....T C
48
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115
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EiIOL-~ "~,~r:=:Nt<., I"'F'C- ·
'Consultlnq "l:lIgln88ns& .SurV.yOr8......
2838 Shadow Lane. 8ult12OO- Chaska. MN 56318'
Phone (962) 44s..8838 · FAX (952) 448-8805
MEMoa4NDUM
Bile: AuplllI. ZI05
To; AI BrkI.I, at, .........
NAC
Cc: I...,. Kn., OtrA.........
Mille eo.;,.CItJ AUIIwf
rra. Mark D. tlr .1, P.R.,A.IIMlrmDeca, .....-
...." ....-
Subject: ..."........- DneIopmeIIt
City.,....... . ,.
BMlPnjed: Ii.. nut-
1.'beMowiDs M;my~ repatiDa 1110 GGIIoepl.... July U. 2005 ......,.qaed.....,
WIIer'l*k no.eJopmcat
.1.. Six (6)" ......,...... __..me." ~_to~.....the ...side
of~ A'ftlIRJO. .1'IIe~.1--.n-1.~ 1hould~4\wbelbDr1llcle
1Cln'iooa....~ '. ra. tar_ pqIOIId...
2, It......... or lid IhaaJdbe ~ ......... _alL,...",. AWbuOaadtM
.... _ 61"-....
3.n.City ....~~ IlidnIlkorlld hIIl1be pqKlIId _101he0Ullct
MaIL I_~-~ UIICln wit be_nm.eto1hemaU. We..u....
!be ...ucw.y._ pcIIIibIc...... our..ItItf~,
4. ,Willl"_~ IrIBJc (c,w....l*ldnI..)..~.......-to...shodId
be COGIIIudCd. Scatf_ dillCUlMd _1'1-' a SOIIIIwa1 hID the ~lIeCIicDof ,,-.$bM
aad ltIyItaM Avcaue totllo ... to 1cf" Stmll .
S. SUm w_~ aN...... to evaIuete"~of" pRlPGICld'" .....
pcM. .
6. 1hc 1I~ ,.....a..,... "1-94.. oldie.. I....... __14 be
~1IIll)UI....1-t4.
,. AI ~~ Ibaold "ve(lOdl2_'" _lIhOia1d be widcDcld to...... !2'.
s. 'n. .uilldMY aloD& 1-94.sbotaW be wideatMl to !Jl32'..
MAt<<AlO. MN" FAIIMONT. MN . SlEEPY EYE. MN '" IURNSVlLLE. MN oW1l.1.MAR. MN ·
CHASKA. MN MN · AMES, SA
AII.EqutII~a.,.,
51
EXHIBIT ,Ii
117
.
.
.
E3C>L TOI'J & 1'/1 E:I'J K., II'J~.
Consulting Engineers & Surveyors
2638 Shadow Lane, Suite 200 · Chaska, MN 55318
Phone (952) 448-8838 · FAX (952) 448-8805
MEMORANDUM
Date: August 31, 2005
To: The Honorable Mayor and City Council
cc: 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
We have negotiated an assessment with Cascade II for the assistance with the construction
costs ofthe northerly portion of the road. Further discussion with the Barthel family is
needed.
2. Mud Lake Watermain Crossing
Construction of the project is nearing completion. All underground work has been
completed and restoration will be complete the by the second week of September.
3. Hunter's Pass Estates - Lift Station
Installation and plumbing of the two structures has been completed. The installation of the
controls, pumps and electrical work will be completed after the sanitary sewer and force
main have been connected to the structures.
4. Lot Survey Reviews. As-Built Survey Reviews & Right-Of-Way Reviews
Weare 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. Towne Lakes 6th Addition
The site is currently being mass graded and the Developer has requested that a pre-
construction meeting for the installation of the utilities be held the first week in September.
119
6. Hunter's Pass Estates - Mass Grading & Utility Installation
The mass grading of the development has been completed and the installation of the
sanitary sewer has begun. Currently, the Developer has paving operations scheduled for
the middle of October.
120
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E3C::>L TOf'.J &. ~ E:f'.J K. I I f'.Jc::.
Consulting Engineers & Surveyors
2638 Shadow Lane, Suite 200 .Chaska, MN 55318
Phone (952) 448-8838 · FAX (952) 448-8805
MEMORANDUM
Date: August 30, 2005
To: Larry Kruse, City Administrator
Cc: Tim Guimont, Public Works Supervisor
City of Albertville
From: Mark D, Kasma, P .E., City Engineer
Bolton & Menk, Inc.
Subject: Hockey Rink
City of Albertville
BMI Project No. T15.21660
On August 18th, bids were opened on the above referenced project. A total of three (3) bids were
received, ranging from $100,953.00 to $146,569.90. The low bidder was Dennis Fehn Gravel
and Excavating, Inc. from Albertville.
The original cost estimate was approximately $44,000 plus the cost of under drains. During
design, an extensive storm sewer system was added. This storm sewer was designed to collect
runoff water from the proposed hockey rink, the existing free skating area, and the existing ball
field. Grading and a crushed granite surface were also added to the area just south of the
proposed ice rink. The additional improvements plus the late season bidding have greatly
pushed the costs of the improvements above those originally estimated.
I will be at the September 6th City Council meeting to discuss possible options/alternatives and
answer any questions you may have.
121
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.
E3C>L TOI'J &1'-/1 E:I'J K. I II'JC::::.
Consulting Engineers & Surveyors
2638 Shadow Lane, Suite 200 · Chaska, MN 55318
Phone(952)448-8838 · FAJ<(952)448-8805
MEMORANDUM
Date: August 25, 2005
To: Larry Kruse, City Administrator
City of Albertville
From: Mark D, Kasma, P .E., Albertville City Engineer
Bolton & Menk, Inc.
Subject: Wright County Truck Station No.2 Property
City of Albertville
BMI Project No. T15.21660
. The following is a summary of my research to date, for the above referenced property:
1. An additional 15' of property along the east property line will need to be acquired and
dedicated for the upgrade ofCSAH 19. After dedication of the addition property, the
remaining/final width of the Truck Station No.2 parcel will be approximately 170'.
Current parcel width is approximately 185'.
2. According to the Wright County Highway Department, no additional property will be
required along CSAH 18. Therefore, the north/south property length will remain at
372.38'.
3. Based on the final lot dimensions, the resultant square footage (SF) for the parcel is
approximately 63,304.6 SF or 1.45 acres. The actual usable area will be slightly less,
when one considers the required sight line triangle needed at the southeast comer of the
property .
4. The attached sketches identify final lot dimensions, setbacks proposed by City Planner,
and a possible access scenario for the overall development.
.
123
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SEH
TECHNICAL MEMORANDUM
PROJECT STATUS AND FINAL CHECKLIST
TO:
TEPMembers, EdinaDevelop~ City of Albertville
Deric Deuschle
FROM;
DATE;
August 26, 2005
Edina Development Restoration Order
8EH No. A-ALBEV02 1 2.00 32.00
RE:
Iatrodudion
On February 2.3, 2005 the Minnesota Department of Natural Re$ourec$ i$$Ued a Restoration
Order to Edina Development (Edina) for non-compliance with the Minnesota Wetland
Con$CfVation Act on multiple phases of the Albert Villas development. Since that time the TEP
and Albertville City Council have been working with Edina to resolve aU outstanding issues, and
have agreed to the plan proposed by Edina wi1h numerous conditions.
It was agreed that Edina would be required to have all restoration work completed by August
15th, withtbe exception of seeding. which could be postponed to the end of August if weather
conditions supported a delay. On August is, I received a nnal packet ofinformation containing
the as-built$, final wetland determinations, and monitoring report fur 2005. Some of the
information required in the additional c.onditions was also r~ivedpdor to Ang~'1: I sth.
A me<<ing was held wi1h the TEP on August 24, 2005 to review the material presented-and
determine what has been completed and what outstanding issues are stilt required to be
addressed. Following the TEP meeting. the panel, along with Jake ~andowski and Scott
Thetan did a site in~tion of1he mitigation and replacement areas. Jake and I did a final
walkthrough of 1he signs following. the other inspections.
The following ~es what has been completed to date, and what remains to bedol1e,
Current Status
The following is a summary of the conditions and what their current $tatU$ is
I. Edina shall stake the original wetland boundary, mitigation boundaries. and easements in the
field,
Complete. This was completed early in tbept(lCtss and field verified
Attachment 1
125
2. Mitigation areas 1 m through 4m shall be surveyed to identit}< propo$t\d construction limits in
relation to easements and original wetland boundaries.
Complete. This was also reviewed in the field to verifY that the construction limits were
accurate.
3. As.builts shall be provided for all mitigation areas.
lneomplete. As built plans have been provided for all of the areas except mitigation area
3M. The incomplete plans for Replacement Area B ha,,'e been accepted as the final grade
win not vary significantly from what was proposed.
4. Any deficiencies identified (in any mitigation area. regardless ofreuon) will require
replacement at 4; 1.
Complete fpendinl monitorilll and final approval),. The August 15* report identified
the deficiencies and proposed replacement through additional new wetland creation. This
has been accepted by the TEP and the math has been verified as being correct. A total of
2 acres of credit needs to be created. 2.14 is proposed The grading of the replacement
areas doesn't match the proposedptan. at lcut for where the credits witt be located
Example. area A will ha,,'e a circular wetland area and buffer all around rather than a
wedge shape. The plans should reflect what will finally occur, not the proposed
conditions.
5. Wetland impact between 1f and Sf shall be replaced at 4: I
Complete. Sufficient area is proposed to be ceated to cover this impact at 4: I
6. Mitigation areas 1m through.4m wilt be seeded and disk anchored. tag provided to city.
Incomplete. This should be scheduled ASAP. Tall vegetation should be cut and
removed prior to tilHngldi$king to reduce weed seed sources.
7. ATeabetween 3m and 4m within the wetland must be restored and reseeded
lneomplete. WiD be completed with item 6.
8. Sod shall be removed from s.ite 3m
Complete.. Field verified. area ready for seeding
9.. Damage to private property sball be corrected following construction
lneomplete... Will be COtnpletedtbllowing seeding. Jake to contact landowner with
schedule
AttadYnent 2
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.
126
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10. Signage shall be placed around the wetlands as indicated
Complett~ pemlml modilkation. Many of the signs will need to be relocated to reflect
changes to the plan. These have been marked in the field
II. Edina shall ~ ~ts and rights of entry fur all mitigation areas
lneomplete. 'The easement fur Rep)~ Area B needs to be modified to incorporate
the proposed expansion.
12. Deed of restriction must be filed for the new wetland areas,
lawmplete. A copy of a blank fonn was included in the response, but a signed fonn and
reuipt are needed
13. Provide ghost plat of Phase 1
Complete. A plat was submitted. which indicates the area is planned ibr additional
single family homes. Wetlands will be recorded and will be worked around with any
proposed plats of the area.
14. Monitoring ofal) sites shall begin as year I. and be submitted by August 15,
Complete. For 2005, for those sites that were graded at that time. Reports for
subsequent }'CarS will still be required to be submitted by August 15.
15. City ofAlbettville shall receive letter of credit and cash escrow.
Complete. The Cit}'has these itetns
16. Edina must prepare and distribute educational material for distribution to the resi~nt$
Complete. pemlml receipt of 500 (opies of pamphlet. TItedraft pamphlet was
approved and will be sent to aU residents once all issues have been resolved. This letter
will be sent by the City of Albertville and is anticipatedtbe second week of September,
17. Remove large stockpile in Phase 7.
lneomplete. The Cit}r requires that a pennit be applied fur to stockpile material in that
area. The pennit application will identifY the quantity (estimated), purpose, and plan for
the material. The plan must also identity short and long-term erosion control.
Homeowner W'edand Impacts
As discu$$Cd previously, there are 3. number of additional wetland violations due to encroaching
of backyards into wetland arc-as. Edina bas agreed to compensate for these impacts. Once it was
determined that all impacts would require restoration, and leaming how difficult and costly that
process would be, it was proposed by the TEP that banking be used instead of individual
Atl8Chment 3
127
restoration. The exception to this is lot 9 of Block 3. Phase 2, which will have a small area of
sod removed and reseeded AU.othe:r areas will be mitigated for at 3: I
I mapped the differences between the original wetland boundary and the limit of' acri"ity, and got
a total :itnpact of 0,33 acte$, It W8$ agreed by the TEP to allow these to be replaced at 3: I instead
of 4: I. which would require a total of I acre of wetland to be purclwed ttom a BWSR approved
wetland bank The bank site win have to be located in Wright County,
Action needed:
I originally requested that Edina refrain ttom submitting any banking applications. should the
need for banking also be needed fur any shortfalls, As they have proposed to create additional
wetland for the deficiencies, the homeowner violations can proceed as a stand alone application,
I rec~d that Edina proceed with submittal of an application to purchase credits for the
amount of 1 acre, This should be submitted to the TEP fur signature andfurwarding to BWSR
fbr accounting.
Fm.lltemSRequired
These are the final items which will be required to be completed by the end of the week of
August 28 (September 2, 2005). These have been broken into two categories depending on if
they are a specific condition. or a component of a condition, These are the la~ items that will be
needed. and upon completion of these. Edina will only be responsible fur the on-going
monitoring and maintenance,
Conditions;
1. SftcI and disk anebor . tbt: repaired and new mitigadon sites.
2. Submittal ot a-built lOr midladOll area 3m
J. Prepare bank withdrawal form for I aere ot eredit and submit to SEH lOr TEP
approval
4. Extend easement on Replaeement Area B to in dude expanded area
5. I7epareDeed of Restrictions and Ctn'eaants and file with W'right Count)' for
replaeement anasA, B, and C
6. Adjust an signs 8$ indicated in the fJeId
7. RuDe plans tor Replacement Areas A,B, a..d C '0 qree with Il'adial pia..
Speeific tat..,:
1. Install erosion control blanket on Replacement Area B ditcb oo8JIeetio...
2. Remove swing set from 2m
3. Cap sprinlder line tor lot eat ot 3m
4. Remove and reseed area behind buffer sigas tor lot 9m bloek 3 (2 bomes west of 2m)
5. Restore yard damage on lot 11, bloek 3 (ae(eu for 2m). Contact owner ,,'ith
scbedule
6, Repair and replaee sump lines and eonerele' shoes in 1m.
"__I@I'_~___._v2."'"
Atlachrn&nt ..
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128
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SEH
MEMORANDUM
Date: August 30, 2005
From: Julie Olson, DNR
To: Deric Deuschle, S.E.H.
Re: Albert Villas Wetland Issues - Final Check List
You have been very thorough on this and have done an excellent job, which I certainly
appreciate. Please let me know if you need anything.
Julie
>>> Deric Deuschle <ddeuschle@sehinc.com> 8/26/2005 3:11:25 PM >>>
Attached are my findings on the status of the wetland issues in Albert Villas. There are a few
issues that still need to be completed. These are listed in the attached report, but I am also listing
them below. These are mostly minor issues, but we need to have them resolved quickly. I am
pleased that all of the mitigation areas have been graded, and I and the TEP look forward to
seeing them seeded and hopefully very successful.
Please contact me to clarify or discuss further.
Thanks,
Conditions:
1. Seed and disk anchor all the repaired and new mitigation sites.
2. Submittal of as-built for mitigation area 3m
3. Prepare bank withdrawal form for 1 acre of credit and submit to S.E.H. for TEP approval
4. Extend easement on Replacement Area B to include expanded area
5. Prepare Deed of Restrictions and Covenants and file with Wright County for replacement
areas A, B, and C
6. Adjust all signs as indicated in the field
7. Revise plans for Replacement Areas A, B, and C to agree with grading plan
129
Specific tasks:
1. Install erosion control blanket on Replacement Area B ditch connection.
2. Remove swing set from 2m
3. Cap sprinkler line for lot east of 3m
4. Remove and reseed area behind buffer signs for lot 9m block 3 (2 homes west of 2m)
5. Restore yard damage on lot 11, block 3 (access for 2m). Contact owner with schedule
6. Repair and replace sump lines and concrete shoes in 2m.
(See attached file: Restoration Order Review 8_24_2005.pdf)
Detic Deuschle
Biologist, Natural Resources Group
SEH - St. Paul
651.490.2114
130
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· SEH
TO:
Larry Kruse
Albertville City Administrator
FROM:
Robert L. Moberg, PE
Project Manager
DATE:
August 30, 2005
RE:
2004 Prairie Run
Final Project Costs - Estimated
Albertville, Minnesota
SEH No. A-ALBEV 0409.00
.
At your request, I have developed a summary of final project costs and assessments for the
subject project (see attached worksheets). The cost summary includes all construction costs to
date and an estimate of remaining work on the project. The cost summary also includes the
additional work of building pad testing, Heuring property grading, street lighting, crop damages,
3-phase power, and a landscaped median on Kassel A venue. Legal, planning, administration,
and engineering costs have been included. I have also included engineering costs for the
developer's engineer.
After summarizing the costs identified above, a 3% administration fee was then added. Land
acquisition costs were then included to determine a total amount to be financed. Cost of
financing is estimated to be 3.1 %, which is consistent with what was used for the Public Works
Building project.
Proposed cost participation is summarized as follows:
1. Residential
2. Commercial
3. City Trunk Funds
$1,324,549.72
$685,792.47
$147.884.05
$2,158,226.25
For the Council resolution calling for the assessment hearing, the final project cost is
$2,158,226.25 and the amount to be assessed is $2,010,342.20.
Dean Johnson has indicated he intends to install the median landscaping on his own and does not
want to be assessed for the work. If this is the case, the project totals will need to be modified
accordingly. Please notify me how the City would like to handle this issue.
.
Please call me at 651.490.2147 if you have any questions.
135
.
Albertville, Minnesota
2004 Prairie Run
Individual Assessment Totals
A-ALBEV0409.00
8/30/2005
Land Acquisition
Financing
Total
$18,231.35
$1,879.53
$62,407.11
City Trunk Costs
Total Construction Costs
Other Project Costs
Sub-total
Admin Fee (3%)
Financing
Total
$122,039.86
$17,212.74
$139,252.60
$4,177.58
$4,453.87
$147,884.05
Grand Total
$2,158,226.25
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2005-34
A RESOLUTION SETTING PUBLIC HEARING
ON PROPOSED ASSESSMENT
WHEREAS, by a resolution passed by the City Council on September 6, 2005, the City Clerk was
directed to prepare a proposed assessment of the cost of improving Street
NE between line of Street NE and the Street NE by
AND WHEREAS, the clerk has notified the council that such proposed assessment has been
completed and filed in the office of the city clerk for public inspection,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, County
of Wright, State of Minnesota:
1. A hearing shall be held on the day of , 2005, in the Albertville City
Hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all
persons owning property affected by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to the
hearing, and the clerk shall state in the notice the total cost of the improvement. The clerk
shall also cause mailed notice to be given to the owner of each parcel described in the
assessment roll not less than two weeks prior to the hearing.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor pay the whole of the assessment on such property, with
interest accrued to the date of payment, to the , except that no interest shall
be charged if the entire assessment is paid within 30 days from the adoption of the
assessment. He may at any time thereafter, pay to the the entire
amount of the assessment remaining unpaid, with interest accrued to December 31 of the
year in which such payment is made. Such payment must be made before November 15 or
interest will be charged through December 31 of the succeeding year.
Adopted by the Albertville City Council this day of , 2005.
139
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MEMORANDUM
Date: September 1, 2005
To: City Council
From: Larry R. Kruse, City Administrator
Re:
General Update
.
1. 1-94: On August 31, 2005 Jaimison Sloboden, Elwin Tinkleberg and I met with MNDOT
and FWHA representatives seeking approval of the City Council's Collector Distributor
north/south phasing plan. The good news is that FWHA and MNDOT think they can
approve the phasing plan, however S.E.H. needs to complete some additional traffic
modeling to insure thatthe first phase functions as planned. Sloboden is putting together
a work schedule to finalize the environmental assessment, traffic modeling and remaining
work on the access permit.
Now the challenge for us is how to fund this improvement. This project will require a
huge commitment from the City over the next thirty or more years. The City Council has
to understand that doing the second phase will likely not be an option as CSAH 37 will
begin to have major problems, which will require the second phase. I can't impress upon
you enough the significance of this financial decision. When the Council adopts our 2006
Budget, I am recommending we increase the levy $150,000 to $300,000 to begin an
incremental increase in funding for this project. This will be one of several increases
needed to fund this project.
2. Arena: The Bid opening is set for Wednesday, September 7,2005. If they are within
budget and all parties agree, we should award the bid as soon as possible so the building
can be occupied yet this season.
3. Welcome Furniture Sign: A 18" x 72" sign has been installed on the City right of way
at 67th Street NE and CSAH 19. Welcome Furniture representatives called to say "thank
you" and I have not heard any complaints regarding customers not finding them.
.
4. Edina Development: Building permits have been released and all of the pending permits
have been issued, with the exception of those in Block 5 abutting Swamp Lake where a
plan for the trail must be identified or perhaps even installed prior to the release of
permits. Edina's letter of credit on Albert Villas 6th Addition will expire on September
22, and staffis working to get the letter re-issued. We have given Edina a deadline of
141
September 15th to install the wear coarse on the 6th Addition in preparation for winter .
plowing. S.E.H. Deric Deuschle, Colleen Allen, SWCD and Julie Olson, DNR reviewed
wetland and mitigation compliance and indicated most of the work has been completed as
per the plan. Staffwill follow up on a few minor issues before a letter is sent to all
property owners stating all wetlands are in compliance. The letter will also include
information on the owner's responsibility to not fill or disturb the wetland in the future.
5. Soccer Programs/Fields: St. Michael's City Administrator Derus and I met with
volunteer soccer coordinators Tim Gamrath and Jody Hackenmueller from youth soccer.
We discussed the soccer program and specifically the significant use that S1. Michael's
fields are receiving in comparison to the limited use on the Albertville's fields. The
volunteer coordinators stated that next year the soccer program may try to locate the main
soccer program at the Big Woods School complex, thus shifting much of the play from
S1. Michael fields. They reported parents like to bring multiple kids to one location and
that scheduling games in different neighborhoods was challenging. The soccer program is
interested in meeting later this fall to discuss how they can increase usage of smaller
neighborhood facilities in both St. Michael and Albertville.
6. Otsego 70th Street: I met with City Administrator Mike Robertson and it appears Otsego
may want to work with us on moving ahead with 70th Street NE. We reviewed the
concept of including 70th Street NE intersection improvement to on CSAH 19, with the
goal to get Wright County to participate, with each city providing the financing and the
county agreeing to reimburse the cities over time. On Wednesday, September 7th, I will .
be meeting with the Wright County Transportation to discuss this further.
7. 60th Street NE Housing PurchaselRedevelopment: Following our downtown meeting I
received a call from one of the homeowners along 60th Street NE letting us know his
house may be for sale shortly due to job relocation. This individual owns two lots with
about 21,000 square feet. Finance Director Lannes and I will put together a cash analysis
to see if we can purchase the home and get a return on the rental income equivalent to
investing the money. Ifthe City is interested in seeing this transition, we may in the short
run need to own some of these properties.
.
142
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MEMORANDUM
Date August 26, 2005
To: Mayor Peterson
From: Larry R. Kruse
Re: Albertville/St. Michael Ball Challenge Team Names
The following have been submitted as names for Albertville's Team. We need to select a name
so we can get shirts printed for the game.
Albertville Friend City Players
The Albert "Villas"
The Albertville "Saints"
Albertville/Saint Michael 1 st Annual
Albertville Aliens
Albertville Mayors Minors
Albertville Allstars
Albertville Premium Outcasts
Albertville Alliance
Albertville Small City Slickers
Albert's Small City, Big Town
Albertville Wrecking Crew
Albertville Dream Team
Albertville Misfits
Albertville All American
Albertville Alpacas
Albertville Ace Kickers
Albertville Oldies but Goodies
Albertville Council & Crew
Albertville, a step above (geographically)
Albertville Mayor's Players
143
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CITY OF OTSEGO
COUNTY OF WRIGHT .
NOTICE or PUBLIC BlARING
The Otsego PJlnning Commission will conduct a Public Hearing on September 6, 2ooS,
at 7:00PM at Otsego City HaU. 8899 Nashua Avcoue NE, Otsego,MN or u soon
thereafter IS time permits. .1b.e matter has been initiated by applicant, David K1ee, D.&.
lIortont Inc, 20860 Kcnbridp Co~ #100, LebriHe.MN SS044. Property Parcel is 118-
199-000080 and 118-199-000090 in Section 31, RaIp 24, T~ 121, c::i.tx9f"
.~ OtseJO:, County of Wright, State of MN. These .properties are located east of MacIver
Avenue. Requal is as follows:
A. R.ez:oaiq fiom ApicuJtun: to R--6 R.csideatia1 ToWDhousc. Quadnu:oinium
and lDw Density Multiple Family District.
B. Preliminary Plat for Zimma"arms Phase IV.
C. FittaI Plat ofZin1ma' FInDS Sdl Addition.
All interest parties are invited to atb:od the Public Hearing to express their questions and
eoncemsIcomments. If you would like iUrthcr information regarding the above described
Public Hearin,.. please call the City of Otaego at 763-441-4414 in advance of the
meetin&
City ofOtlego
~
.- ~DojNty Clerk
;;'!Ii
Dated and Posted:
Published:
Public Hcarin&:
City Council:
Aupt 18,2005 - Otsego City Hall
Aupst 24, 2005, Elk River Star News
Septemba' 6, 200s.1 PM, Planni. Commiuion (Tuesday Night)
September 13, 200S. 6:30 PM
145
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P.R~ESER
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Wrigbt County ~C.t
Sheriff's Office '~
Sheriff Gary L. MIller
Doll LiDIWl
Chief Deputy
Daw MiDer
CaptaiA of Operatio.u
G81')'1brb
CaptaiD Ja:Il.t\dmiailltndlo
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1Q 2ncl St. NW Room 170
Buft'ala, MN 55313
Dilpab:b
Reconte
Ci"ril
WarYu1lt
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Jail Mm:bI.
Victim MIIItaa,
1..a00.86U66'7
Fa: 763-682-7610
August 15. 2.005
Dear City AdminlstratorlCity Clerk.
Enclosed you will find the Wright County Sheriff's Office Calls for Service (CFS) report tor
law enforcement activity and also a report of crimes in your city for July 2005.
Please make this Information available to the mayor. council members, or other Interested
citizens. Please direct any questions to Deputy Mitch Flemming at (763) 682.7647.
Sincerely,
Gary L. Miller
147
City of Albertville - July 2005
Sheriff Gary L.Miller
NsIIIIIr of CIIls
I
1
2
45
2
3
,.... cUID
811 Hlng Up
Abandoned Vehicle
Agent;f AAi&t
1
Alerm
Animal Abu.. ComplaInt
Animal Complaint (Other)
Area Check
C1eck WeIf8re
CI\11 CompIlint
D.L Restrtction VIolatIon
DIrt Bike CompIIint
Cilium Public Peace
Dog Complaint
Domestic
Drug
Drugs tpwdng]
equipment V1oIdon
ExpIred D.L.
e.-~n
Fal to w.. Seat Belt
FIre Call
F'1r'8tIrm Disctwva
flnswarb CompIlint
Follow Too Close
7
7
1
2
2
5
1
1
2
2
1
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6
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1
, -~.AuguIt 18.2001
Page 1 01' 3
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148
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Page2of3
1
TvDe of Call
ForgeryICountwfeit (Pending]
Found Property
H.ruament
.. & R\ft AccIdent
HcxMl8u8lneu Check
Improper Reglatratlon
Injury MVIMV Acddent
JuvenIe Complaint
I.8rceny/ll.rt (Pending)
liquor VIolation
Lost Anlrnal
Lost Property
Medical
MenI8I HeetIh
MIse information
MI8c. DrIvtJlJ VIoI&Ition
Missing Person
MotoriIt Aid
M\f Acddent (Non-Reportable)
MVIAnlmal AccIdent
MVlDeer
WIt.N Accident
No D.L. In PoIsea1on
7
1
1
4
2
1
1
1
1
11
1
2
No Insurance
No ~ D,L
Open Bottle
149
---lllllPr of Calls
1
1
11
1
1
2
1
3
1
37
1
11
lP d CfIII
Open DoorlWlndow
Permit Vk:lIaUon
Property Demllgerr...... (PendIng)
Prowler
R1111ro1d Compllint
ReccMnId Stolen Property
.4
Repossaseed VetIl.
SemIpbofeVialdon
SoIcftk1g
Speed
Speed by Reder
Step SIgn VIolatIon
SUspiclou8 Circumuance
SutPcious PfItson
SUlpldDuS Vehicle
Towed Vehicle
TraffidParking
lJnfow1ded Theft
Urnaaoneble Acceleration
Unwanted FWIon
2
3
16
9
1
1
2
2
5
317
Warrant AnHt (Other Agency)
Wlrrant Arrest . (Wright County)
ToIIII
MDndIIy. .......15, 2001
..... I en
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150
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City of Albertville - July 2005
Sheriff Gary L. Miller
Nu....... of 9r1....
Part I or II Cd.
Burglary
laRleny
Oller Assaults
FraudfTheI by CIwck
Crfm. DIIm8ge Properly
Weapom VIolatIons
NarcotIc8
001
LIquor Law VIolllllona
DiIIordelty Conduct
Other
Teal
3
13
1
2
7
2
5
6
2
1
3
..
-_-.;".._)l.....,,~-
MIn:IIy, __15,. 2GCJI5 Po 1 011
151
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JOINT POWERS WATER BOARD MINUTES
Regular Meeting of
August 22, 2005
6:00 PM JPWT Plant Board Room
Board Members Present: Jerry Zachman, Joyce Paullin, Gerhardt Kottke, Don Peterson, John
Vetsch, Joe Hagerty
Board Members Absent: none
Staff Present: Chris Catlin, H.R. Green, Kelly Browning, Veolia A, Shelly Keyes,
Veolia WaterNA
6:00 PM Call to Order by Jerry Zachman
MOTION BY PAULLIN, SECOND BY KOTTKE,
PRESENTED. MOTION CARRIED UNANIMgi
There was no one present under the Citizen Forum.
MOTION BY PAULLIN, SECOND By.... . ..'ERSON, TO
JULY 25, 2005 REGULAR BOARD MEEtJN'
VE THE MINUTES OF THE
UNANIMOUSLY.
.
-118
-<s~~~
MOTION BY PETERSON, SECOND BY H '
AGENDA AS PRESENT ON CA
ROVE THE CONSENT
OUSL Y.
There was no Unrmis
" d Sprint Antenna lease agreement for Tower
led bySite Manager Dennis Esterly ofRF
ge of payment for each agreement he arranges. Mr.
ds to neering, interference, meeting city codes and
.nal agreement with Mr. Esterly requires that if a contract or
standard, pre-approved format, Mr. Esterly can enter into an
the B d. The proposed Sprint contract does not follow this pre-
ly recommended approval by the Board pending legal counsel.
.
i'"A-/.'
Peterson requested legalc1arification regarding what recourse each city would have if future
business opportunities were to interfere with the Sprint antenna lease. Vetsch requested
information on how the contract with RF Communications and Mr. Esterly is renewed.
Browning explained that the contract length was ten years with several years still remaining and
Catlin added he believes there's a term of notice associated with the contract that allows Joint
Powers to terminate the contract with a 30 day written notice. Browning noted that she would
review the existing contract with RF Communications and provide a written summary for the
next meeting. MOTION BY VETSCH, SECOND BY PETERSON TO TABLE APPROVAL
OF THE SPRINT ANTENNA LEASE AGREEMENT UNTIL ADDITIONAL INFORMATION
AND LEGAL ADVICE IS OBTAINED. MOTION CARRIED UNANIMOUSLY.
153
Under Engineering, Catlin recommended payment of $481 ,652.85 to Rice Lake Construction .
Group for Pay Estimate #7 of the Water Treatment Plant Expansion. MOTION BY PETERSON,
SECOND BY PAULLIN TO APPROVE PAY ESTIMATE# 7 TO RICE LAKE
CONSTRUCTION GROUP IN THE AMOUNT AS PRESENTED. MOTION CARRIED
UNANIMOUSLY.
Catlin also handed out and discussed the water quality test results from the 15th Street wellfie1d.
The results confirm there is no contamination from the landfill. The test borings show the rock
aquifers are protected from surficial contamination by a deep layer of clay. Also, the Eau Claire
shale formation provides additional protection of the Mt. Simon Aquifer. No action required by
the Board at this time, Catlin recommended proceeding with developing the well field according
to previous recommendations.
Under Operations/Office, Browning discussed the Veo1ia Water and Joint Powers 2006
proposed budgets. Browning explained the increases are directly related to the treatment plant
expansion and annual increases for utilities and chemicals. Overages for these items are
reconciled after the end of the year, so Joint Powers would receive a rebate if the costs were
underbudget at year end. Increases or decreases in the remaining budget line items are based on
actual costs incurred this year and confirmed prices for next year.
Browning added that the treatment system in the new plant will require more labor hours from a
Class A operator rather than entry level operators which will affect labor allocation. Vetsch
asked about the number of employees and Browning responded that Joint Powers portion of
labor equals 2.65 people and salary increases average about 3%, with all increases merit-based. .
Browning further explained the zero,..based budget is based on.actua1 costs of wages, salaries and
elected employee inefits and allocated to projects based on the tasks employees are assigned
daily. MOTION B PETERSON, SECOND BY PAULLIN TO APPROVE THE PROPOSED
2006 VEOLIA W ER AND JOINT POWERS BUDGETS. MOTION CARRIED
UNANIMOUSLY. '
MOTION BY PAULLIN, SECOND BY KOTTKE, TO APPROVE THE LIST OF CLAIMS AS
PRESENTED. MOTION CARRIED UNANIMOUSLY.
In Other Business/Announcements/Correspondence, Peterson questioned if staff verifies
sprinkling violations and Browning confirmed that before any courtesy notice or actual violation
letter is sent, staff confirms the address, date and time. Brownin~ also mentioned 272 warning
letters and 9 penalty letters have been issued through August 17 .
MOTION BY PAULLIN, SECOND BY PETERSON, TO ADJOURN AT 6:23 P.M. MOTION
CARRIED UNANIMOUSLY.
Recording Secretary
.
154