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2005-11-21 CC Packet . ~ AJ~~rt!ilL€ ALBERTVILLE CITY COUNCIL AGENDA November 21, 2005 7:00 PM 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER - ROLLCALL - ADOPT AGENDA 3. MINUTES a. November 7, 2005 City Council Minutes (pgs. 3-17) 4. CITIZEN FORUM - (10 Minute Limit) . 5. CONSENT AGENDA a. Approve payment of claims check numbers 022129 to 022157 (pgs. 19-22) b. Approve S.E.H.'s recommendation for Application for Payment No.6 for Wastewater Treatment Facility to Gridor Construction, Inc. in the amount of $522,990 c. Approve S.E.H.'s recommendation for Application for Payment No.2 for 2005 Ice Arena Locke room Addition to KUE Construction, Inc. in the amountof$124,557 d. Approve S.E.H.'s 2004 Bike and Pedestrian Trail Project payment recommendation to pay an STMA Invoice inthe amount of$3,744 for Fence Removaland acknowledge an offsetting bill of$I,537 for drainage improvements requested from the STMA School District resulting in a net amount owed to the School of $2,207 (pg. 23) e. .Approve S.E.H.'s 2004 Bike and Pedestrian Trail Project payment recommendation to pay L&K Tree & Shrub, Inc. Invoice for final payment in the amount of $465 for Retaining Wall Construction (pg. 25) f. Approve contracting with BRKW Appraisals to prepare an appraisal of Gerhard Knechtlland for the 1-94 project at a cost of $4,800 g. Approve contracting with Michael Bettendorf of BRKW to prepare an appraisal of three parcels of railroad property in and around City Hall at a cost not to exceed $3,500 h. Set a Special City Council meeting for Wednesday, November 30,2005 to issue the City Hall and Wastewater Treatment Project Bonds i. Set Thursday, December 15,2005 at 7:00 p.m. to present the City ofOtsego with I -94 traffic modeling and share with them how we arrived at the current plan ,. .. . 7. DEPARTMENT BUSINESS a. Building Department 1). Monthly Report b. Planning Department c. Engineering 1). Bolton & Menk' Inc. a). Project Status Update 2). S.E.H. Engineering Status Update d. Legal 1). T-Square Business Park Developer's Agreement 2). County Maintenance Building Agreement (to be presented at meeting) 3). Memorandum on Shoppes of Town Lakes RestaurantlBank swap e. Administration 1). Written Report 2). Employee Retirement . 8. OTHER BUSINESS, MINUTES AND MATERIALS 9. ADJOURNMENT . 2 AFFIDAVIT OF POSTING ST ATE OF MINNESOTA) ) SS. COUNTY OF WRIGHT ) Ig~ ~~ ~c, being first dul sworn, says that on the r \ I day of r-e. 1C~ ,2005 . , posted the documents as shown on the reverse side a true copy of e~ch thereof at . J I: L/ s . C:3(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 I g0day of_K1ottUn~, 2005. " j (. Yn /YJ}~+- #'<M'''''' Qil;.i,.NlEONHAROT c!rt;J;'iJ ElU;:;.M INNESOTA My GDmrn.Exp. Jan. 31, 2009 M:\PublicData\City Council\Council Agendas\Affidavit of Agenda Postingformat.doc " . . . . . . ~ AJ~~rt!ilL€ ALBERTVILLE CITY COUNCIL November 7, 2005 Albertville City Hall 7:00 PM PRESENT: MayorDon Peterson, Council members John Vetsch, LeRoy Berning, Ron Klecker, and Tom Fay, City Attorney Mike Couri, City Planner Al Brixius, City Engineer Mark Kasm:a, City Administrator Larry Kruse, and City Clerk Bridget Miller Mayor Peterson called the Albertville City Council meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. ADOPT AGENDA MOTION BY Council member Klecker, seconded by Council member Berning to approve the agenda as amended. Motion carried unanimously. Adding: Engineering - Berms by Shoppes at Towne Lakes Phase One and Phase II Administration - Final Inspection on Commercial Buildings Administration - Royalty Float Public Works- Sidewalks along 57th Street NE MINUTES MOTION BY Council member Fay, seconded by Council member Klecker to approve the October 17, 2005 regular City Council minutes as presented and on file in the office of the City Clerk. Motion carried unanimously. . CITIZEN FORUM Mayor Peterson asked if there was anyone present to address the Council with a concern that is not already on the agenda. There was no one present. CONSENT AGENDA MOTION BY Council member Berning, seconded by Council member Fay to approve the consent agenda pulling items h. Motion carried unanimously. 10. Approve payment of claims check numbers 022053 to 022121 11. Approve the S.E.H. Engineer's recommendation to reduce the Letter of Credit for Towne Lakes3rdAdditionfrom $155,100 to no less than $57,900 12. Accept the Request from Linda Houghton to Extend COBRA Coverage 3 13. Approve the S.E.H. Engineer's recommendation to reduce the Letter of Credit for .. Towne Lakes 5th Addition from $569,000 to no less than $460,000 14. Approve application for 3.2 Malt Liquor License for the St. Michael Lions Club for March 7, 2006 for an event to be held at the St. Albert's Parish Center 15. Approve the Application for the St. Michael Lions Club to Conduct a Raffle at St. Albert's Parish Center on March 7, 2006 Exemption No. X-06422-05-001 16. Approve Bolton & Menk, Inc.'s recommendation for Application for Payment No.2 and Final for Mud Lake Watermain Crossing to Ellingson Drainage in the amount of $4,621.29 17. Approve the Wright County Sheriffs Department Two-year Contract for Police Service 18. Approve Resolution No. 2005-47. entitled Certification of Uncollected Utility Bills and Other Outstanding Invoices 19. Approve Bolton & Menk, Inc.'s recommendation for Application for Payment No.2 and Final for 2005 Street Overlay Improvements to Universal Enterprises ofMid-MN Inc. in the amount of$20,517.77 20. Accept R- Way Pumping Inc. to haul approximately 500,000 gallons of sludge and land applied from the Wastewater Treatment Plant to approved sites at a cost not to exceed $46,000 plus $1,000 for Mobilization for a total cost of approximately $47,000 ACTION ON PULLED CONSENT ITEMS h. Aoorove the Wrieht County Sheriffs Deoartment Two-vear Contract for Police Service Council asked if there was continuous (24-hour) coverage for police protection in Albertville. . Deputy Joe Hagarty informed the Council that the City does have 24-hour police coverage. We have doubled up during peak times. There is a.deputy roaming throughout the area during less peak times. MOTION BY Council member Klecker, seconded by Council member Fay to approve the Wright County Sheriff's Department Two-year Contract for Police Service. Motion carried unanimously. ADOPT RESOLUTION NO. 2005-48 entitled ACCEPTING THE LOW BID FOR THE CONSTRUCTION OF THE NEW CITY HALL Mark Forbes from Bonestroo stated that the bid opening was postponed to November 3, 2005 due to an addendum to the specs for the construction. The city received ten (10) bids ranging from $3,064,400 to $3,248,000. The bids have been reviewed and found to be in order. It is Bonestroo's recommendation to go with the low bid from Breitbach Construction for $3,064,400 plus Alternate No.3 at a cost not to exceed ($26,600). MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Resolution No. 2005-48 entitled Accepting the Low Bid from Breitbach Construction in the amount of $3,064,400 with Alternate No.3 in the amount of $26,600 for a total amount of$3,091,OOO for the construction of the City Hall. Motion carried unanimously. . 4 . . . STMA YOUTH BASEBALL ASSOCIATION PRESENTATION - RANDY MCCABE Randy McCabe with the STMA Youth Baseball Association informed the City Council the youth association raises funds through the season. The association wanted to donate $500 towards the Parks Department. They would like to see the funds applied towards the maintenance of the fields within Albertville. Mr. McCabe asked if the Council would consider installing a batting cage at one of the parks within Albertville. Mayor Peterson invited Mr. McCabe to attend one of the Parks and Recreation Committee meetings. PUBLIC HEARING NOTICE AODrove Resolution No. 2005-42 entitled (Settim! the Prairie Run Soecial Assessment) Mayor Peterson opened the public hearing at 7:19 p.m. City Attorney Couri informed the Council that presented in the Council packet is the revised Assessment Roll for the Prairie Run Development. Some of the previous numbers were due to a calculation error. Mayor Peterson asked if there were any questions or comments regarding the Prairie Run Special Assessment hearing. There was no one in the audience to respond to the Prairie Run Special Assessment hearing. Mayor Peterson closed the public hearing at 7:24 p.m. MOTION BY Council member Vetsch, seconded by Council member Berning to approve Resolution No. 2005-42 entitled (Setting the Prairie Run Special Assessment) as presented and on file in the office of the City Clerk. Motion carried unanimously. AODrove Ordinance No. 2005-07 entitled (Liauor License Hours of Ooeration - Fees - License Payment) Mayor Peterson opened the public hearing at 7:25 p.m. . Joe Hagaarty with the Wright County Sheriffs Department commented in regards to the 2 a.m. closing and the number of calls the police department receives. Mr. Hagaarty reported that since June 2005 the number of calls has gone down. Mr. Hagaarty noted that he has met with a number of the Albertville bar establishment owner's to discuss some ofthe issues and to let them know the police department will be doing random checks during the week. This may be a deterrent to the customer's at the establishment from doing 5 Mayor Peterson asked if there were any questions or comments regarding the Liquor License . public hearing. There was no one in the audience to respond to the Liquor License Ordinance public hearing. Mayor Peterson wanted clarification should the Council decide to stay with the 2:00 a.m. closing could the Council later decide to go back to the 1 :00 a.m. closing. Peterson went into more detail asking what legal action they could take if it was only one establishment causing the majority of the problems. Could the Council restrict the one establishment go to a 1 :00 a.m. closing time. City Attorney Couri stated he would have to do additional research on how to legally handle the possibility of making one establishment close at 1 :00 a.m. and not all of the establishments. Council asked Mr. Hagaarty if the sheriff's department received any calls from D. Michael B's establishment. Mr. Hagaarty reported the sheriff's department received one call in which the manager called asking for assistance to with an intoxicated customer they refused to serve. Mayor Peterson closed the public hearing at 7:34 p.m. MOTION BY Council member Klecker, seconded by Council member Fay to table Ordinance . No. 2005-07 entitled an Ordinance Amending Section 4-1-12 of the Albertville City Code Relating to Days and Hours of Operation for On-Sale Liquor Establishments to the as amended and on file in the office of the City Clerk to an unknown date. Motioncarried unanimously. Aoorove Resolution No. 2005-46 entitled (Settinl! the Hunter's Pass Estates Soecial Assessment) Mayor Peterson opened the public hearing at 7:39 p.m. City Attorney Couri reported that included in the Council packet is the Assessment Roll for the Hunter's Pass Estates Development. The property owner's have been notified of the amounts. The City does not have the three middle digits from Wright County Recorder's office, but we should in time to send for certification. Mayor Peterson asked if there were any questions or comments regarding the Hunter's Pass Estates Special Assessment hearing. Mayor Peterson closed the public hearing at 7:41 p.m. . 6 . . . MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2005-46 entitled (Setting the Hunter's Pass Estates Special Assessment)as presented and on file in the office of the City Clerk. Motion carried unanimously. DEPARTMENT BUSINESS FIRE DEPARTMENT Acceotance of Bids - Air Packs Fire Department representative stated the bids have been reviewed. There was only one company that met the specs for the air tanks. Council asked if the air tanks meet the government regulations. Fire Department representative confirmed that the air tanks meet the government regulations with the option of swivels and other minor additions they requested. The Fire Department would go through the process to fit the firefighters will occur as they change from year-to-year or from time-to-time. Council. asked if the current air tanks could be traded in. Fire representative reported that yes they could be traded in, but was unaware of how much discount they could receive. The reason the Fire Department asked for new air packs was due to the fact that the current air packs are not serviceable anymore. MOTION BY Council member Klecker, seconded by Council member Vetsch to accept the Low Bid from MES in the amount of $75,260 for the purchase of eighteen full air packs, eighteen spare bottles, and eighteen face masks. Motion carried unanimously. Acceotance of Bids - Pumoer Truck Crimson's bid came in at $447,170 but did not meet the required specs the Albertville Fire Department requested. The only bidder that metall ofthe requested specs was General; therefore the Fire Department is recommending accepting the Bid of $450,258 from General for the purchase of the new Pumper Truck. MOTION BY Council member Klecker, seconded by Mayor Peterson to accept the Bid from GeneraLin the amount of $450,258 for the purchase of a new Pumper Truck with delivery in 2006. Motion carried unanimously. PUBLIC WORKS Written Reoort Public Works Supervisor Guimont was present to answer any questions the Council had regarding his report. There were no additional comments from the City Council. 7 Council had a question for PW Supervisor Guimont regarding the sidewalks along 57th Street NE. Council would like to see the sidewalk continue along 57th Street NE. Is there a possibility . to install the sidewalk? PW Supervisor Guimont stated that the city could install the sidewalk in 2006. There are a couple of streetlights that would need to be moved. The city would have to absorb the cost unless the city were doing a street improvement project then Center Point Energy would pay for the relocation of the street lights. City Engineer Kasma reported that staff could research the project over the winter and be ready for construction in Spring 2006. WASTEWATER TREATMENT PLANT Monthlv Uodate Wastewater Treatment Plant Superintendent Middendorf was present to answer any questions the Council had regarding his report. There were no additional comments from the City Council. S.E.H. Representative Tom Dye briefly updated the Council on the progress being made on the expansion on the Wastewater Treatment Plant. He noted that the reed beds are close to completion. The clarifierwalls will be completed as soon as the equipment arrives on site so we can install. Since we are waiting for the equipment to arrive the contractor may be asking for an extension on the completion date. To the best of Mr. Dye's knowledge the project should be . completed by December 31,2005. . FINANCE DEPARTMENT Accounts Receivable Reoort Finance Director Lannes reported on the total accounts receivable billed from 2004 through October 31, 2005 has an outstanding balance of $536,900.38. Over 50% of the outstanding balance is due from Edina Development. Prolect Status Uodates Finance Director Lannes informed the Council they received a Project Status Update in the last packet, but has included an additional update for their review. N extel Phone Uodate Finance Director Lannes stated that Council asked staffto research the Nextel phone service. Staffhas contacted Nextel and Verizon Wireless to pose the question council had regarding the rates, There would be no cost savings if we were to. change to Verizon Wireless. After several conversations with Nextel, staffwas able to change the Nextel plan to reduce the cost and provide more service options. Under the previous plan the city was paying an average of $40 per phone per month. Staff changed to a new Government Value Plan, which would cost an average of $29 per phone per month. . 8 . . . Council was pleased with the report and the cost savings. Charter Communication Uodate Finance Director Lannes reported that Council directed staff to contact Charter Communications to investigate the fees for Internet service at the Fire Hall as to why it was twice what the City Hall was paying. Finance Director Lannes informed the Council that the Fire Hall has a CBN Internet connection, which is a business account and allows access in every room and multiple computers without loss of quality and speed. Charter wired the Fire Hall with the CBN line due to the fact it is not considered residential access. When comparing the residential access to the CBN access the residential line would not have the speed and access in multiple rooms. Another way to compare the costs involved would be if a resident wanted the speed and quality in multiple rooms and computers within the dwelling the residentwould pay an additional $45.00 pet room or computer to the service. In conclusion the $80.00 per month service fee is a savings for the multiple room accessibility, along with the quality and speed ofInternet service. PLANNING DEPARTMENT T-Sauare Business Park: Preliminary Plat: :Site and Buildim! Plan Review: Final Plat: Develooer's A2I'eement (not ready) City Planner Brixius reported that T -Square Properties are seeking a preliminary plat and a site and building plan review for a proposed T -square Business Park project. The site of tne proposed project is located west of Kyler Avenue Northeast, north of 51st street Northeast and south of 53rd Street Northeast. The site is also referred to as Prairie Run, Outlot B. The total site consists of 4.61 deeded acres and is currently zoned B-2 Limited Business District. The applicant has requested that Outlot B be subdivided into Lot I, Lot 2 aild Outlot A. Outlot A will be 1.7 acres, Lot 1 will be approximately one (1) acre and Lot 2 will be 1.9 acres. The applicant has proposed that Outlot A be dedicated to the City Albertville. The only proposed access to the site is on the south side of Lot.l from Kyler Avenue NE. This proposed drive requires moving the location of the existing curb cut, which is placed to align with the entrance to the Shoppes of Prairie Run. Staff recommends keeping the entrance drive to match the existing curb cut. We recommend this. change for three reasons: 1) Keeping the existing curb cut will deter the reconstruction needed for anew curb cut. 2) An entrance drive in the location of the existing curb cut will allow delivery trucks area to turn around on site. 3) The trash enclosure can be moved from the front ofthe property to the north side of the building and still be easily accessed. The change in entrance drive will require the lot to be widened ten (10) feet to the south to meet the required parking needs. The increase in lot width will allow access to the relocated trash enclosure by restricting parking in the stall at the northwest comer of the lot. A cross easement 9 for access between the Lot 1 and Lot 2 should be prepared to allow for access between the two lots if development were to occur on Lot 2. As a condition of the site approval, proposed access . location must be subject to approval of the City Engineer. The applicant does not agree to these recommended changes. The applicant would prefer to keep the entrance drive as proposed and move the location of the trash enclosure back from the parking lot on the south side of the building with access from the parking lot. They feel the south access would reduce through traffic in front of their building from motorist traveling to commercial uses on Lot 2 to the south. We recognize the applicant's alternative; however, a site plan of this proposal will need to be submitted to the Planning Commission for review. . The drive aisle ofthe parking lot should be widened from 24 feet to 26 feet for adequate delivery truck circulation and access to the trash enclosure. The site plan is subject to the review and approval by the Fire Inspector to ensure appropriate fire lanes have been provided to accommodate the City's fire protection equipment. A park dedication fee in the amount of$21,000.00 shall be dedicated to the City of Albertville's park fund. 43,086 sq. ft. or 0.99 acres (LotI) + 1.9 acres (Lot 2) = 2.9 acres 2.9 acres * $7,500 per acre of developed land = $21,000.00 The applicant has proposed to dedicate Outlot A to the City; not specifically as a park. . The site plan shows one location for a monument sign at the entry drive. The applicant has also submitted multiple varieties of signs to be used on the site. The Planning Commission and City Council should comment of the style of sign used at the entry. Sign details and dimension shall be submitted for review. City Planner Brixius concluded stating that the Planning Commission should review the attached materials and the issues addressed herein in determining a recommendation to the City Council. Our staff recommends approval of the preliminary plat and site and building plan based upon the following conditions: Site and Building Plan Review and Preliminary Plat. The information provided by the applicant gives basis for approval or denial of the application and shall address both existing conditions and changes that will occur during and after development. Our staff believes that the submitted application material meets the minimum requirements for approval of the site and building plan and preliminary plat and is subject to the following conditions: 1) The entrance drive shall be relocated to the existing curb cut. To accommodate this change the lot shall widened ten (l0) feet to the south to provide the appropriate number of parking stalls. The parking stall in the northwest comer of the parking lot shall be reserved for access to the trash enclosure. The drive aisle of the parking lot shall be widened from 24 feet to 26 to accommodate delivery trucks. The applicant shall submit . 10 . a) b) c) . d) e) f) g) h) i) 2) 3) 4) 5) 6) an alternative to #1 of these recommendations to be considered by the Planning Commission. Site circulation subject to the review and approval by the Fire Inspector to ensure appropriate fire lanes have been provided to accommodate the City's fire protection equipment. Grading, drainage, and utility plan subject to the approval of the City Engineer. The proposed contour lines to the south of the building shall be transitioned smoothly into the existing grade. Park dedication fee shall be donated to the City of Albertville in the amount of $21 ,000. Landscaping/screening revisions are made per the following comments and are subject to the approval of the City. Each species on the landscape plan shall be individually labeled with the quantity and variety. Areas to be disturbed by construction shall be sodded or seeded and this shall be labeled on the landscape plan. The foundation plantings shall be increased and encompass the entire building. The landscape plan shall meet the minimum landscape value set by the project value in the above table. An irrigation system shall be specified on the landscape plan. The scientific/botanical names shall be changed to match the common name. The sizes of the deciduous shrubs sized at 18" shall be changes to 24'-30". The evergreen trees shall be moved from the drainage way. A landscape screen shall be installed to screen the building from homes of the Prairie Run development. 7) A comprehensive signage plan shall be submitted illustrating the materials of the signs and the dimensions. The Planning Commission shall agree on one of the styles submitted by the applicant (Exhibit J). 8) A complete photometric plan showing foot-candles on the property line not to exceed 1.0-foot candle, and including the change in square footage oflot area shall be resubmitted and is subject to the approval of the City. 9) Details of the trash enclosure submitted and subject to review of the City. 10) The trash enclosure shall be moved to the north side of the building. . 11) Snow storage shall be moved to a new location on Lot 1 and is subject to review of the City. 11 12) Additional north, south, and west building elevations showing wall finishes shall be submitted. . 13) No window signage allowed. MOTION BY Council member Vetsch, seconded by Council member Fay to approve Resolution No. 2005-49 entitled A Resolution Approving T -Square Business Park Preliminary Plat and Site and Building Plan Review within the City of Albertville as amended and on file in the office of the City Clerk. Motion carried unanimously. Shonnes at Towne Lakes Phase II: Preliminary Plat: Conditional Use Permit (CUP): Planned UnitDevelonment (PUD) City Planner Brixius reported that Granite City Real Estate, LLC has submitted an application for Preliminary Plat and Development Stage PUD for the development of Shop pes ofTowIie Lakes Phase II. A concept plan was submitted by the applicant and presented to the Planning Commission in September and the City Council on October 3,2005. The development of the Shoppes of Towne Lakes Phase II is intended to be an extension of the development plan, which occurred during Phase I. In exchange for the bank located on the northwestern portion of Phase I, the City required that plans for Phase II have two restaurants sites. After review during the concept stage, the Planning Commission recommended that the applicant proceed to the preliminary plat and development plan stage. The applicant has made revisions to . the plan including landscaping, building design details, grading, drainage, and utility plans, as well as setback issues addressed during the concept plan. In order to proceed with the application, the following will be required to be approved by the City. The applicant has demonstrated on the site plan that proposed principal buildings will function; however, a more standard lot configuration will be required in order to avoid future property hardships and disputes. As a requirement of preliminary plat approval, cross access and parking easements will be required for each of the lots within the development. City Planner Brixius noted that the applicant has made many of the changes recommended during the concept plan stage. These include changes related to setbacks, landscaping, grading, drainage, and new plans related to lighting, streets, and utilities. The overall plan is consistent the concept plan proposed in September. The overall plan includes a mix of retail, commercial, and restaurants within the Towne Lakes area. Staff has reviewed the Preliminary Plat and Development Stage PUD and found that the proposed plan meets the conditions of the PUD as defined in the Ordinance, subject to conditions. If the Planning Commission recommends and the City Council approves the request, our office would recommend that approval be based upon the following recommendations: . 12 . . . Preliminary Plat 1. The applicant shaH be required to plat the lots to meet the minimum lot requirements of the Ordinance, as irregularly shaped lots will be prohibited. 2. Cross access and parking easements shall be required for each of the lots within the development. 3. As a condition of preliminary plat approval, the applicant shall be required to provide additional right-of-way, The street width at the intersection ofCSAH 19 shall be 40 feet wide. This will allow for a 14-foot lane for left turns, a 12-foot lane for through-traffic,. and a 14-foot lane for right turns. The requested right-of-way shall be subject to the review and approval of the City Engineer. 4. The applicant shall be required to revise the plans to show an easement over all private drives for utilities. Size and location of the easement shall be approved by the City Engineer. Grading and Drainage 1. The City Engineer shall comment on the storm water capacity of Outlot A for both phases as well as issues related to easements and maintenance. 2. The grading, drainage and utility plans are subject to the review and approval of the City Engineer. Streets 1. No parking shall be permitted on any of the private drives. The applicant shall be reasonable for all no-parking signage within the site area. 2. The applicant shall be required to submit shared access and parking agreements that shall run across all lots to allow for common use of parking in the event of overflow need. 3. Because ofthe1imited amount of space for loading as well as the need for parking, loading hours shall be limited to early morning or non-peak business hours to mitigate traffic and parking space issues. . The applicant shall be required to provide a narrative to the City indicating the anticipated hours of loading operations for the site. 4. The City Engineer shall comment on additional r-o-w needed for a left-turn-right-turn lane on Lake Towne Road. 5, A snow storage plan shall be prepared and submitted at the time of preliminary plat. Lighting 1. The applicant shall be required to submit details regarding all lighting fixtures, including pole height for all fixtures as part of approval of the site and building plan review. Said fixture shall be identical to.the exterior lighting of Shop pes of Towne Lake Phase I. Landscaping 1. The applicant shall convert two (2) parking stalls into landscaped islands with two (2) red sunset maples to break up the parking lot between Lots 2 and 3. 2. Landscape plantings shall be intensified along the entrances from 68th Street Northeast, Linwood Drive and West Laketowne Drive while maintaining site lines into the various buildings. In addition, plantings along residential uses to the east shall also be intensified. These intensified landscape plantings shall include a variety of ornamental trees, shrubs and perennials to add visual aesthetic to the visitor's experience and screen from the adjacent residential uses. 13 3. A MnlDOT wetland seed mixture shall be identified for the periphery of Outlot A's storm water retention pond as turf sodding is not an acceptable environmental perimeter landscape . treatment. 4. The applicant shall be required to intensify the landscaping around the outlot as it will be seen as an entrance to the development from the southwest. Building Design 1. Approval of the preliminary plat shall not constitute approval of the building design. Each building will be required to be approved through review of the Planning Commission and approval of the City Council prior to the issuance of a building permit. 2. The buildings of Phase II shall be of the highest quality using a combination of a minimum of20%-25% stone and brick throughout each building. The specific percentage shall be determined by the Planning Commission and City Council. The same architectural standards shall be required for all monument signage within the site. 3. The applicant shall submit color-building elevations for the review and approval of the Planning Commission at the time of site and building plan review. 4. The exterior finishes ofthe trash enclosure shall be compatible with tile exterior architectural features of the principal building. Additional screening will be required around each enclosure. 5. Ifhipped or cross-hipped roofs are proposed, the applicant will be required to identify the heating and air conditioning units within the site. Additional screening of these areas shall be required. 6. No HV AC equipment will be allowed on the CR -19 side of the buildings. All HV AC . equipment must be property screened. Signage 1. A separate comprehensive sign plan will be required as part of the overall site. Detailed information related to sign size, lighting, and additional locations within the site shall be submitted and reviewed asa separate application. Additional Conditions I. The applicant shall enter into a development agreement with the City. The City Attorney shall prepare the development agreement. AdditiQnal comments from staff, Planning Commission, or City Council City Planner Brixius went on to explain that at your request, I have reviewed the revised plans for the Shoppes at Towne Lakes II. The developer has revised the plans to reflect the Planning Commission's recommendations as discussed in October. Among these changes include the following: 1. The developer has revised the sidewalk width from 5 feet to 7 feet 2. The parking lots have been revised on Lot 2 and Lot 3 to allow for a landscaped island. 3. The turn lanes on West Laketowne Drive NE were widened. 4. Easements were added over the water main and sanitary sewer. . 14 . . 5. Hydrology calculations have been submitted that address Phase Two and future phases to the north. 6. A signage and striping plan has been included. The applicant has also enclosed a letter to the City Engineer addressing engineering issues raised as part of Preliminary Plat review. As part of the Preliminary Plat review, the City Engineer recommended that the City consider granting approval of the plat subject to the construction of a bituminous trail along CSAH 19. According to the developer, the construction of a bituminous trail along CSAH 19 appears to be premature as the addition of a trail should be considered as part of the upgrade to CSAH 19. Furthermore, construction ofa trail would likely impact the wetland on the southwestern comer of the plat. The City Council should review this issue prior to granting approval of the preliminary plat. Council. brought up the concern regarding the restaurants within the site. Council thought they made it clear they did not want to see a restaurant with a drive-thru. Staff did not recall the restriction on a drive-thru, but did note Council wanted two restaurants with one being a sit-down type. Dan Temple, the developer for the site, brought to the Council attention they brought the exterior material for the buildings to higher standards and are implementing other amenities throughout the site. City Attorney Couri recommended to the Council that the approval be tabled until the November 21, 2005 City Council meeting to allow staff additional time to research the restaurants and review the newly revised site plans presented at the meeting tonight. MOTION BY Council member Vetsch, seconded by Council member Berning to approve Resolution No. 2005-50 entitled A Resolution Approving the Shoppes at Towne Lakes Phase II Preliminary Plat; Planned Unit Development (PUD); Conditional Use Permit (CUP) within the City of Albertville as amended and on file in the office of the City Clerk. Motion carried unanimously. ENGINEERING Bolton and Menk. Inc. Proiect Status Undate City Engineer Kasma stated the Outdoor Hockey/Skating Rink is behind schedule due to the fact we had about sixteen rain days. City Engineer Kasma went on to report that on Tuesday, November 8th staffwill be conducting a physical walk along County Ditch 9. Staffwill further discuss the issues with St. Michael staff to address the concerns with the flooding and implement the existing County Ditch 9 Agreement. Council brought to staffs attention the berms are growing in the Shoppes at Towne Lakes Phase One and Phase II. If staff could look into controlling or removing the berms now before they are . a problem down the road as they are in the Albertville Premium Outlets. 15 LEGAL . Extension of Phil Morris Pronertv 60-dav Delineation Rulinl! City Attorney Couri stated that the Phil Morris property 60-day Mitigation/Delineation will be expiring soon. Staff recommends extended the 60-day ruling. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve the Extension of Phillip Morris Property 60-day Mitigation/Delineation Ruling. Motion carried unanimously. ADMINISTRATION LMC Tort Liabilitv Waiver City Administrator Kruse reported that as you can see presented in the packet the city has been complying to the Waiver since 1998. MOTION BY Council member Klecker, seconded by Mayor Peterson to the LMC Tort Liability Waiver as on file in the office of the City Clerk. Motion carried unanimously. Dan Krom - Tinklenberl! Notice City Administrator Kruse brought to the Council attention the notice received that Dan Krom is no longer with the Tinklenberg Group. The new representative is Elwyn will be contacting the city to discuss staffing for the remaining work with the City on the 1-94 Project. Knechtl Pronertv . City Administrator Kruse stated that with the proposal to purchase the property there is a concern with the sign located on the property. Staff will meet to discuss the relocation of the sign within the city limits. Citv Hall Update City Administrator Kruse reported that thePW employees will begin disposing of the trees on the lot and stock piling them should anyone want to take the brush and logs. The garages will be removed by Thursday, November 10th. Emnlovee Retirement City Administrator Kruse stated that Ken Lindsay has been considering retirement. He has been with the city for nearly 3 I -years. PW Supervisor Guimont, Mr. Lindsay and I have met to discuss a transitional plan since it would involve the snowplowing season. Mr, Lindsay agreed to be available to assist with snowplowing. Council was not very receptive to the proposal for Mr. Lindsay's retirement package. They would agree to the majority of the proposal with January 15,2006 as the effective date instead of March 31, 2006. City Administrator Kruse noted he would report back to Mr. Lindsay the Council's recommendations to the proposal and bring it back to Council at a later date. . 16 . . . MOTION BY Mayor Peterson, seconded by Council member Fay to accept the Retirement Resignation from Ken Lindsay with the recommendations on file in the office of the City Administrator and subject to Ken Lindsay's approval to the recommendations made by the Council. Motion carried unanimously. Albertville Rovaltv Float Council member Berning brought it to the Mayor and other Council member's attention the new float is larger than the previous float. The Royalty members are asking if the city would consider purchasing a vehicle to pull the vehicle. At this time the Royalty committee has been soliciting car dealers to allow them to use one of their vehicles to pull the float from parade to parade. The parents are not comfortable pulling the almost 9,000 pound float around the surrounding community. Council asked where the vehicle and float would be stored and who would cover the insurance on the items. Those are a couple of items to work out once we get the commitment to purchase the vehicle. There is an option to allow other non-profit organizations to raise funds to assist with the purchase. ADJOURNMENT MOTION BY Mayor Peterson, seconded by Council member Vetsch to adjourn at .10: 15 p.m. Motion carried unanimously. Don Peterson, Mayor Bridget Miller, City Clerk 17 . .~ ~~~!x~tlL€ City of Albertville Check Detail Register November 21, 2005 Check Amt Invoice Comment . 10100 Premier Bank Paid Chk# 022129 11/21/2005 BANYON DATA SYSTEMS E 601-49450-300 Professional Srvs (GENERAL) E 602-49400-300 Professional Srvs (GENERAL) Total BANYON DATA SYSTEMS Paid Chk# 022130 11/21/2005 CARQUEST E 101-43100-404 Repair/Maint - E 101-43100-404 Repair/Maint- Total CARQUEST Paid Chk# 022131 11/21/2005 CITY OF ALBERTVILLE E 101-45.100-404 Repair/Maint- $21.30 Total CITY OF ALBERTVILLE $21.30 Paid Chk# 022132 11/21/2005 CROW RIVER FARM EQUIPMENT E 101-43100-400 RepairlMaint - Paved Rd $252.70 114609 Total CROW RIVER FARM EQUIPMENT $252.70 Paid Chk# 022133 11/21/2005 DENNY'S SMALL ENGINE/CHAIN SAW E 101-45100-404 RepairlMaint- $21.50 Total DENNY'S SMALL ENGINE/CHAIN SAW $21.50 Paid Chk# 022134 11/21/2005 DJ'S TOTAL HOME CARE CENTER E 101-43100-215 Shop Supplies $25.35 5662 E 601-49450-405 RepairlMaint - Buildings $111.75 5725 E 101-41940-404 RepairlMaint - $91.45 5765 E 602-49400-210 Operating Supplies $32.43 5823 E 101-41940-404 Repair/Maint - $35.37 5826 E 101-43100-403 Repair/Maint - Catch Basins $19.48 5826 E 101-43100-403 Repair/Maint - Catch Basins $15.96 5826 E 601-49450-210 Operating Supplies $22.32 5969 E 601-49450-210 Operating Supplies $1.13 5983 E 601-49450-210 Operating Supplies $51.14 5984 E 101-43100-405 Repair/Maint - Buildings $8.59 5985 E 601-49450-210 Operating Supplies $18.06 6027 E 101-43100-215 Shop Supplies $38.33 6030 E 602-49400-210 Operating Supplies $4.25 6113 E 601-49450-210 Operating Supplies $21.29 6175 E 101-41940-210 Operating Supplies $25.24 6307 E 101-43100-400 RepairlMaint - Paved Rd $59.62 6356 E 101-42000-200 Office Supplies (GENERAL) $94.51 6375 E 602-49400-250 Meters for Resale $32.56 6391 Total DJ'S TOTAL HOME CARE CENTER $708.83 Paid Chk# 022135 11/21/2005 DON'S AUTO & REPAIR E 101-45100-404 Repair/Maint- E 101-43100-400 RepairlMaint - Paved Rd Total DON'S AUTO & REPAIR Paid Chk# 022136 11/21/2005 EARL F. ANDERSON, INC. E 101-43100-226 Sign Repair Materials Total EARL F. ANDERSON, INC. $581.62 13154 $581.62 13154 $1,163.24 $7.66 0274142 $75.86 0279473 $83.52 $135.95 36290 $58.58 36906 $194.53 . $92.73 68807-IN $92.73 UB Direct Pmt Module/E-mail Bi UB Direct Pmt Module/E-mail Bi aux pwr source oil filters reimb cash for trailer tire re sign trailer chain extracter screw (2), fasteners flour bulbs valve tank fill, filter wtr ca TP, Filter cart fuel oil, rain bulb par 2 pace quickrete concrete mis greatstuff big gaps polish, cleaner, batteries hardware fuel filter, plugs, valve bal drill bits rain gauge, screwdrivers torch trigger plunger fuel filter ppr towel Traffic mark oil yel gl ppr towels FD connectors tire/mount propane Bracket set 19 Check Detail Register Page 2 . 10100 Premier Bank Check Amt Invoice Comment Paid Chk# 022137 11/21/2005 GOLD KEY DEVELOPMENT R 473-00000-36100 Special Assessments $2,403.20 Total GOLD KEY DEVELOPMENT $2,403.20 Paid Chk# 022138 11/21/2005 GOPHER STATE ONE-CALL E 601-49450-209 Locates E 602-49400-209 Locates Total GOPHER STATE ONE-CALL Paid Chk# 022139 11/21/2005 GRIDOR CONSTRUCTION E 491-49000-300 Professional Srvs (GENERAL) Total . GRIDOR CONSTRUCTION Paid Chk# 022140 11/21/2005 HEALTH PARTNERS E 101-41300-131 Employer Paid Health $406.06 G 101-21706 Group Insurance Payable $2,084.65 E 101-42400-130 Employer Paid Ins $1,493.25 E 101-43100-130 EmployerPaidlns $1,478.15 E 101-41500-131 Employer Paid Health $533.55 E 601-49450-130 Employer Paid Ins $619.70 E 602-49400-130 Employer Paid Ins $676.05 E 101-41400-131 Employer Paid Health $995.61 E 101-45100-130 Employer Paid Ins $624.50 Total HEALTH PARTNERS $8,911.52 Paid Chk# 022141 11/21/2005 HUBER CONSTRUCTION COMPANY R 101-00000-32210 Building Permits $120.50 Total HUBER CONSTRUCTION COMPANY $120.50 Paid Chk# 022142 11/21/2005 JOINT POWERS BOARD R 602-00000-37105 Water Sales - JPB $498.59 R 602-00000-37105 Water Sales - JPB $10.50 R 602-00000-37105 Water Sales - JPB $115,051.18 R 602-00000-37165 Water Penalty - JP $44.87 R602-00000-37171 WAC - JPB $65,812.00 R 602-00000-37105 Water Sales - JPB $1,744.14 R 602-00000-37105 Water Sales - JPB $1,786.19 R 602-00000-37130 Safe Water Test Fees $1,592.06 Total JOINT POWERS BOARD $186,539.53 Paid Chk# 022143 11/21/2005 KUE CONTRACTORS, INC E 488-49000-300 Professional Srvs (GENERAL) $124,557.00 Total KUE CONTRACTORS, INC $124,557.00 Paid Chk# 022144 11/21/2005 L & K TREE SHRUB INC E 476-49000-300 Professional Srvs (GENERAL) Total L & K TREE SHRUB INC Paid Chk# 022145 11/21/2005 M M HOMES G 101-22800 Landscaping Escrow Total M M HOMES Paid Chk# 022146 11/21/2005 MONTICELLO, CITY OF E 101-42700-309 Animal Control Contract Total MONTICELLO, CITY OF $290.03.5100140 $290.02 5100140 $580.05 $522,990.00 $522,990.00 $465.00 $465.00 $2,500.00 $2,500.00 $232.00 8041 $232.00 reimb overpmt assessment Locates - Sewer Cept Locates - Water Cept pmt # 6 WWTF 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 reimb overpmt bldg permit . JP Cist II Low JP Access JP Cist Fed Wtr Test Pen JP WAC JP Cist Combo JP Cist Pen Fed WtrTest pmt # 2 Arena Locker Rm Final pmt 50th St. reimb sod escrow Animal Control Service . 20 . . . Check Detail Register Page 3 10100 Premier Bank Check Amt Invoice Comment $158.95 14854 $18.70 14854 $24.85 14854 $637.42 14854 $334.40 14854 $33.00 14855 $55.00 14855 $55.00 14855 $101.00 14855 $122,50 14855 $145.00 14855 $245.97 14855 $313.93 14855 $315.0014855 $385.00 14855 $418.00 14855 $574.00 14855 $1,175.18 14855 $1,437.65 14855 $750.00 14856 $198.00 14857 Total N. A. C. $7,498.55 Paid Chk# 022148 11/21/2005 OFFICE MAX - A BOISE COMPANY E 101-41400-200 Office Supplies (GENERAL) $117.93 751357 E 101-41400-200 Office Supplies (GENERAL) $10.64 754525 E 101-42400-200 Office Supplies (GENERAL) $160.66 818910 Total OFFICE MAX - A BOISE COMPANY $289.23 Paid Chk# 022149 11/21/2005 OMANN SHINGLE RECYCLING E101-43100-400 Repair/Maint- Paved Rd Total OMANN SHINGLE RECYCLING Paid Chk# 022150 11/21/2005 PINNACLE PRINTING, INC. E 101-41400-200 Office Supplies (GENERAL) Total PINNACLE PRINTING, INC. Paid Chk# 022151 11/21/2005 PLAISTED COMPANIES E 101-43100-221 Ice Removal Total PLAISTED COMPANIES Paid Chk# 022152 11/21/2005 SPECIAL TV TURF & AG, INC E 466-00000-300 Professional Srvs (GENERAL) Total SPECIAL TV TURF & AG, INC Paid Chk# 022153 11/21/2005 UPBEAT, INC. E 101-45100-523 C/O - Park Buildings Total UPBEAT,INC. Paid Chk# 022154 11/21/2005 WASTE MANAGEMENT E 101-41940-384 Refuse/Garbage Disposal $153.25 1210404-159 Refuse Waste Hauler Total WASTE MANAGEMENT $153.25 Paid Chk# 022155 11/21/2005 WRIGHT CTV SHERIFFS PATROL E 101-42110-307 Police Contract Fees $34,857.50 patrol-05-11 November Patrol Total WRIGHT CTV SHERIFFS PATROL $34,857.50 Paid Chk# 022147 11/21/2005 N. A. C. E 101-41910-306 Planning Fees E 468-49000-306 Planning Fees E 482-49300-306 Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees. E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306. Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees $96.54 8917 $96.54 $569.78 4982 $569.78 $215.00 10677 $215.00 $191.22 16624 $191.22 $379.50 572125 $379.50 goal setting 194 CH prospective developers, redeve schedule/process/checklists Albertville Dental Addition Parkside Commercial Shoppes at Prairie Run Lil Duke's Gas CUP Prairie Run landscape island MN Lighting & Fireplace Landsc Shoppes at Towne Lakes 2nd mobil sign Towne Lakes 5th Addn Protech marine CUP Hunters Pass Guimont Garage CUP Prairie Run Outlot B Shoppes at Towne Lakes council mtgs, PC mtgs, staff m downtown study hiliters, ppr, legal pad, cal ppr pens, ppr, cal ppr, ctg fax fj crushed asphalt con-bit checks ice control sand futerra blanket, sod staples, lid cover dome top 21 Check Detail Register Page 4 . Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 022156 11/21/2005 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee Total WRIGHT RECYCLING Paid Chk# 022157 11/21/2005 XCEL ENERGY E 101c45100-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43160-381 Electric Utilities E 101-45100-381 Electric Utilities E 601-49450-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-41940-381 ElectricUtilities E 101-43160-381 Electric Utilities Total XCEL ENERGY Paid Chk# 022158 11/21/2005 ZIEGLER CUSTOM HOMES G 101-22800 Landscaping Escrow Total ZIEGLER CUSTOM HOMES $3,710.70 $3,710.70 October 05 pick up $23.89 51457964031 11830 51st $304.87 51460281661 6461 Maciver Ave $24.25 51468978501 11750 County Road 37 Signal $7.43 51538187691 11474 58th park shelter $62.78 51545432691 5900 cty rei swr,11942 52nd sw $3.16 51555641081 5799 Lander Ave $3.78 51644391161 10820 KantarCt $21.83 51651123630 5998 Labeaux Ave $4,271.19 51690103801 Street Lighting - 58-59-60 St. $4,723.18 $2,750.00 $2,750.00 reimb escrow 10100 Premier Bank $907,271.60 Fund Summary 101 GENERAL FUND 466 PUBLIC WORKS FACILITY 468 CSAH 19 RAMPS/I 94 Project 473 PRAIRIE RUN 476 SCHOOL PEDESTRIAN - BIKE TRAIL 482 CITY HALL 2004-5 488 ICE ARENA LOCKER ROOMS 491 WWTF Phase 2 601 SEWER FUND 602 WATER FUND 10100 Premier Bank $66,685.35 $191.22 $18.70 $2,403.20 $465.00 $24.85 $124,557.00 $522,990.00 $1,779.82 $188,156.46 $907,271.60 . . 22 . . . Jt. SEH Memorandum TO: Larry Kruse Albertville City Administrator FROM: Robert Moberg, PE Project Manager DATE: November 10, 2005 RE: 2004 School Pedestrian and Bike Trail Fence Relocation Invoice Albertville, Minnesota SEHNo. A-ALBEV0405.00 Please find enclosed an invoice from St. Michael - Albertville Public Schools. The invoice is in the amountof$3744.00 and is for relocation ofan existingfence along the 50th Street trail. As you may recall, the fence relocation was originally to be done as part of the City's contract with Buffalo Bituminous. At the request of the School District, the work was deleted from the City's contract, resulting in a savings from the original contract amount. You may also recall the School District requested some additional drainage facilities.in the vicinity of 50th Street and LaBeauxAvenue (CSAH 19). The cost of the additional work was $1537.00 and was identified in Change Order #1 of the City's contract with Buffalo Bituminous. SEH recommends payment to the School District for the amount of $2207.00. This amount is the difference between the amounts already paid by the School District and City, respectively. If you have any questions, please feel free to me at 651.490.2147. nm Enclosures c: Tina Lannes, City Finance Director 23 . . ~ SEH Memorandum TO: Larry Kruse Albertville City Administrator FROM: Robert Moberg, PE Project Manager DATE: November 10, 2005 RE: 2004 School Pedestrian and Bike Trail Retain Wall Construction Albertville, Minnesota SEHNo. A-ALBEV0405.00 14.00 If you have any questions, please feel free to call me at 651.490.2147. do Enclosure c: Tina Lannes, City Finance Director 25 ~ · AJ~~.!t'!tlL€ Building Department 5975 Main Avenue NE. P.O. Box 9. Albertville,MN 55301 Phone: 763-497-5106. Fax: 763-497-3210 MEMORANDUM TO: FROM: DATE: Honorable Mayor, City Council, and City Staff Jon Sutherland, Building Official November 15, 2005 October 2005 MONTHLY REPORT RE: October construction activity was brisk on both the commercial and residential fronts. Residential Construction Activity: 12 additional residential units were processed this month for a total of 117 for the year-to-date(YTD). 148 various residential alteration permits were issued resulting in 293 YTD. This rise in activity consisted mainly of roofing and siding pennits, due to. the recent hailstorm of September 21,2005. . Commercial Construction Activity: 4 commercial permits were issued, they consisted of, the Locker Room addition to the Hockey Arena, a shell for Planet Beach Tanning Salon at 11008 61 st Street, a new Retail Center - Shoppe's at Prairie Run at 5262 Kyler A venue, and autilities permit for Space Aliens Restaurant. Miscellaneous: 34 miscellaneous permits were issued for Signs, Plumbing, Mechanical, and Fences. Total permits for the month is 199 and 720, YTD. The YTD Construction Value. is now up to $32,222,000. Storm Hail Damage: Storm damage is creating a number of additional permit applications and related workload. This permit activity also results in additional revenue, which will be included in the Finance Director's report; Inspection Activity: This and existing work in progress generated over 300 related Inspections including Rental Licensing, Complaints and Zoning Enforcement. Attachment: Permit Activity Report J8ftl . 27 ~ AJ~!!!.ilLE: aty ofAlberMlte PIRMrT ACTMTYRBPORT ~ 12 II!.. L...utIlL. ~ wp- M ISI\IGlE FAMIL. Y ATTACHED 0: ~ ;2 171 rnAII'"\ E"'UIL Y I OUPLEX 0: ~ IMULTIPLE F~ UNITSl 0: - u ~ B!!! .... 12 ^ .. 7 ~ '.11III- ~ ~ 3 CE/.. ~Al a 2 INDUSTRIAL 0 - PUBUC/~ ~ 0 ~ 3< 9 1.t.901 IAL: . VALIM110M 'Jf1I. =4lI PAL BUt.D1NG D ACHED .A.CCESSORV 0 1YB: .. , 61 2f~185. NC. 0 G ~ - IDeNTIAL 144 f .154.118 222 ~ 0 bE - UI ,ag IE! . . :ailt ~ 2 27 If 0 .- INDUSTRW" 1 1"'1~ .. 0 ~ ACHEO ACC~T 0 - I 21.445 28 . :AI.. 1 58 'IIOVIIUILDINGI . PERlltl VALUATION ...,.. . VAWA.11ON .EN~_ 0 . ()N.RESDE .. IUnI2 0 . IMOVE BUILDING. 0 .. . 0 -- ,., . lIIOII toTAL :::!!!: .. !E Q!: : nil VIAR. to- COUNT "1M DATI! VAtll: U 110 415 1.171 1t.INING WALLS 0 18 0 L.UMB 14 131 ;E IE fa 116 1 iiIE ;1 " I r II 'I 120 OCTCIII!R THllllOIIlH Y8AR: 2101 . YURTO DATE . . 28 . . . E3C>LTC>N & IVI EN K, I Ne. Consulting Engineers & Surveyors 2638 Shadow Lane, SUite 200 . Chaska, MN 55318 Phone (952) 448-8838 . FAJ<(952)448-8805 MEMORANDUM TO: The Honorable Mayor and City Council Mark D. Kasma, P.E., Albertville City Engineer Bolton & Menk, Inc. November 15, 2005 Project Status Update FROM: DATE: RE: The followingis.a brief project status update: 1. Outdoor Hockey/Skating Rink The bituminous pavement has been placed and the lighting is nearing completion. The free skating rink and disturbed turf areas will be leveled and finish graded next week. 2. Towne Lakes 6th Addition The curb and gutter on Linwood Drive and 68th Street NE has been completed. Paving of the two roadways has been scheduled for the end of the week. The private utility work is expected to begin the last week of November. 3. Hunter's Pass Estates The curb and gutter on the easterly portion of the development has been completed. Paving of the roadways is scheduled for early next week, with private utility installation to follow; It is expected that two building permits for model homes will be released by the end of the week. Start-up of the lift station will take place upon installation of the electrical service. 4. Flood Study Tuesday, the 10th of November, County Ditch No.9 was walked and reviewed by Bolton & Menk and City staff. Numerous flow restrictions and maintenance issues were identified and will be addressed in future maintenance plans. The overall condition of the ditch was found to be satisfactory. The flow and maintenance issues identified are currently not believed to be major contributors to the existing drainage problems. The flow restrictions caused by culverts and other structural elements will be reviewed as part of the study. 5. Municipal State Aid (MSA) Routing The Needs Review for the designated MSA roadways will be completed and submitted to the State by the end of the week. 29 .~ SEH Memorandum . . TO: Larry Kruse Albertville City Administrator FROM: Robert Moberg, PE Project Manager DATE: November 10,2005 RE: Albertville, MN Engineering Transition Plan Monthly Status Report SEH No. A-ALBEV0501.00 At your request, I have prepared a summary of activities for the various projects identified in the engineering transition plan for SEH. The summary is as follows: 1. 50th Street Pedestrian Trail - All punch list work has been completed. A final application for payment has been sent to the contractor for execution. Invoices from the School District and the landscape contractor have been forwarded for City approval. 2. 2004 Prairie Run - Turf restoration (except for the Heuring property) has been completed. A construction punch list was forwarded to the contractor on November 2,2005. Final wear course will be installed next year. The Council adopted the final assessment roll on November 7,2005. 3. Public Works Building - A final application for payment and project closeout documentation is in process. The contractor has completed the pavement repairs in the WWTP parking lot. 4. Towne Lakes 5th Addition - A construction punch list was forwarded to the developer on October 31, 2005. A number of items will need to be addressed before final wear course is placed next year. 5. 2003 CSAH 19 Upgrade - We are working with the County and contractor to address removal of old pavement markings along the corridor. A final construction punch list has been prepared and forwarded to the contractor. 6. Frontage Avenue (LaC entre Avenue) Improvements - A final application for payment and project closeout documentation has been forwarded to the contractor for execution. 31 7. CSAH 37 Pedestrian Trail-Final wear course and turf restoration on the easterly segment . have been completed. The first lift of pavement. on the westerly segment was placed on November 8. Turfrestoration on the westerly segment will be completed by November 15. Final wear course on the westerly segment will be deferred until next year. 8. Albert Villas ~ We are waiting for the developer to prepare a revised plan for the trail along Swamp Lake. 9. WWTP Expansion - Tom Dye gave a project update at the November 7 Council meeting. 10. Ice Arena Expansion - Foundation work is completed. The floor slab has been placed. Wall construction is underway. The pre-cast roof is scheduled for delivery on Monday, November 21, 2005. The contractor is remaining on schedule. Please call me at 651.490.2147ifyou have questions. nm 32 . . . . . DRAFT DATED November 10,2005 CITY OF ALBERTVILLE TOWN SQUARE BUSINESS PARK THIS AGREEMENT, entered into this _ day of -,2005 by and between Nelson Building & Development, Inc., collectively referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner of the real property described in the attached Exhibit A, which real property is proposed to be subdivided and platted for development, andwhich subdivision, which is the subject of this Agreement, is intended to bear the name "Town Square Business Park" 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 final approval of the Development contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City 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, benning, 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: [0. Assignment of Prior Development Agreement Obligations. Developer acknowledges that Said Plat is part of a Developer's Agreement titled" " between the City and Robert and Christine Heuring dated and recorded as document number in the office of the Wright County Recorder's Office ("Prior Development Agreement"). The City hereby consents to and the Developer accepts the assignment of the rights and obligations of the Developer under the Prior Development 33 Agreement, but only to the extent that such agreement pertains to that property which is . contained within Said Plat. ] 1. Use of Property. Developer agrees that the property on Said Plat shall comply with the following terms: A. Developer agrees that all building on Lot 1, Block 1 shall be constructed in the location shown on the attached Exhibit B. For all lots in Said Plat, the Developer shall comply with all site plan approvals set by the City Council except where specifically setout in this agreement. B. Developer shall construct the number of parking stalls on Lot 1, Block 1 of Said Plat in the locations and dimensions as shown on the attached Exhibit B. C. Developer shall maintain the infiltration plantings shown on Exhibit C in good working order at all times. D. Developer shall develop Lot I, Block 1 of Said Plat consistent with the site plan attached as Exhibit B. E. 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. F. 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. All landscaping as shown on attached Exhibit C shall be installed prior to the issuance of a certificate of occupancy. . G. 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. H. At the time of the recording of this Agreement at the Wright County Recorder's Office, Developer shall record a cross-access easement which will allow mutual cross-access between Lots 1 and 2, Block 1 in Said Plat. I. Signs of any size or material shall be prohibited from placement in windows of any and all buildings constructed within Said Plat. J. Any ground, building or pylon signage on Said Plat must comply with the City's sign ordinance and be approved by the City Council. . 34 . . . 2. Construction of On-and Off-Site Improvements. A. Developer shall construct all on-. and off-site improvements including installation of curb and gutter, sidewalks, boulevards, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, benning, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. All yard areas shall be sodded with grass or landscaped in accordance with the attached Landscaping Plan. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. Said on- and off-site improvements shall be installed no later than October 31, 2006, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat, and except that the parking lots for each of Lots 1 and 2 may be constructed when a building is constructed on such respective lot. B. The Developer shall, at its own expense, cause streetlights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. 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 abide by the City Engineer's requirements for silt fencing of the lots and access to the lots during building construction. E. Notwithstanding the requirements of subparagraph 2Aabove, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case a certificate of occupancy may be issued if all on- and off-site improvements except landscaping and sod have been installed. In such cases, the Developer shall cause the required landscaping and sod to be installed by the first June 30th following the issuance of the occupancy permit. 4. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $ representing the sum of 150% of the estimated cost for landscaping/screening materials ($ ). 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, erosion control, 35 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 landscaping during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to payor reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. E. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at . least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. Developer shall maintain said letter of credit in the amount required by the City at all times. 5. Surety Release. A. Periodically, as payments are made by the Developer for the completion oflandscaping 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 landscaping improvements which have been fully completed and payment made therefore. However, the City shall retain the letter of credit or surety in the amount of 40% of the estimated construction price of the landscaping during the first year of the landscape warranty period and 20% of the estimated construction price of the landscaping during the second year of the landscape warranty period. 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. . 36 . . . 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. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing . 6. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the said Plat, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground-cover to prevent continuing soil erosion from the Development, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground-cover and otherwise restore the Development to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from the Development and to facilitate mowing of the Development. In the event that said costs are not paid, the City may withdraw funds from the above-mentioned surety for the purpose of paying the costs referred to in this paragraph. 7. Developer to Pay City's.Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of the Development, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of the Development without objection. 8. Development Related Fees and Credits. 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 require the Developer to pay $1,400.00 per acre and $1,200.00 per acre respectively, upon development of 37 said Plat. There are 3.60 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 . $9,360.00 ($5,040.00 in sewerfees calculated as $1,400.00 x 3.60 acres and $4,320.00 in water fees calculated as $1,200.00 x 3.60 acres). 9. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the attached Exhibit E. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 10. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from the Development may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 11. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to. assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when . said damage occurs asa 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 ifdeemed 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. . 38 . . . 12. Temporary Easement Rights. Developer shall provide access to the Development at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 13. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. Ifbuilding permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action orinaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties. and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. After the Developer has Completed all work and obligations required of it under this Contract (including the expiration of the warranty period), at the Developer's request, the City will execute and deliver to the Developer a release of its obligations tinder this Agreement. However, all continuing obligations under this Agreement shall remain binding upon the properties covered by this Agreement and their owners. Said continuing obligations include, but are not limited to, paragraphs 1, 7,13, 15, 17, 18, 19,20,21,22, 23, 24 and 25 of this Agreement. F. The Developer represents to the City that the Development complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the 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 39 to all of the Development. Evidence of good and marketable title shall consist of a Title . Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, ifany, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. I. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots located within the Development depending upon when building permits are applied for and that such delay in capacity availability may also delay the issuance of building permits for some lots within the Development. J. Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than two feet above the 100-year flood level of any adjacent water body or wetland. Ifsufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction . shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. K. Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer, Wright County and/or the State of Minnesota. 14. . Draw on Expiring Letter of Credit. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or completed, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the expiring letter of credit. If a new letter of credit is not received as required above, the City may declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of said irrevocable letter of credit must be approved by the City Attorney prior to its issuance. . 40 . . . 15. Violation of Agreement. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in the Development pursuant to the. terms of this agreement. Notwithstanding the 30-daynotice period provided for 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. This paragraph of this Agreement shall not apply to any acts or rights of the City under paragraph 4F, and no notice need be given to the Developer as a condition precedent to the City drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety Without waiving the City's right to draw upon the surety at a future time without notice to the Developer. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 16. Dedications to the City. 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 street right-of-ways and drainage and utility easements to the City. Upon acceptance of dedication, Developer shall provide to the City "As-Builts" of all storm sewers and other Municipal Improvements required under this Agreement. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. 41 B. Park Dedication. The Developer is required to pay a cash contribution of $21 ,000.00 in satisfaction of the City's park and trail dedication requirements. This charge is calculated as follows: 2.90 acres x $7,500 per acre = $ 21,000.00. . C. Land Dedication. Developer shell deed Outlot A to the City via warranty deed at the time this Agreement is recorded. Developer and City agree that the deeding of Said Outlot A to the City shall not be considered a park dedication in any respect. 17. Phased Development. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive :plan, Zoning ordinance,.Slibdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 18. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by . Developer and third parties for damages sustained or costs incurred resulting from the Development approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 19. Assignment of Contract. The obligations of the Developer under this Contract can be assigned by the Developer. However, the Developer shall not be released from its obligations under this contract without the express written consent of the City Council through Council resolution. 20. Limited Approval Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 21. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts. to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in . 42 . . . 22. attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's fees 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. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 23. Integration Clause..Modification bvWritten Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 24. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Nelson Building & Development, Inc. STREET CITY, STATE ZIP PHONE 25. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. 43 CITY OF ALBERTVILLE, By Its Mayor By Its Clerk NELSON DEVELOPMENT INC. 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 STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) 44 . .- . . . . 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 OFWRlGHT ) The foregoing instrument was acknowledged before me this day of , 2005, by , as of Nelson Building & Development; Inc. Notary Public DRAFTED BY: Couri,MacArthur & Ruppe Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 763 497-1930 45 ~ · AJ1?.€I~Ql€ MEMORANDUM Date: November 19,2005 To: Mayor and City Council From: Larry R. Kruse, City Administrator Re: General Update . 1. ARENA: The arena is on schedule and if the weather cooperates the roof should be on by the first week of December. To date we have encountered three issues. 1) soil corrections; 2) issues with the parking lot grade requiring installation of a curb on the south side of the building instead of parking lot bumpers and lastly 3) we are pursuing information on a recommendation from the contractor and architect to upgrade the heating system from electric baseboard to forced air. Now that the STMA bond issues has passed perhaps this can be funded from that $500,000 amount. We will work with the school to see what arrangements can be made. 2. CITY HALL: Bonestroo and City Staff are doing our due diligence to issue the construction contract for City Hall. The trees were removed on November 8, 2005 and the garages were removed on November 10,2005. Bonestroo is working on completion of the City Hall Plat. Apreconstruction conference was held on Tuesday, November 15th. The contractor plans on starting about February 1, 2006. This date was determined based on when pre-cast concrete can be delivered. 3. KEN LINDSAY RETIREMENT: I continue to work with Mr. Lindsay to solidify an agreement within the parameters set by the Council. We have begun to advertise for a new Public Works employee with applications accepted through December 16, 2005 with the goal to make an offer to someone by year-end. Please seethe RCA (Request for Council Action) in your council packet. . 49 ~ · A!l!.~!!'!iJL€ . . TO: FROM: DATE: City Council Larry R. Kruse November 15,2005 Lindsay Retirement RE: BACKGROUND Following the November 7th City Council meeting, I met with Ken Lindsay and discussed the Council 'swishes not to have Mr. Lindsay's replacement overlap during a transition period prior to Mr. Lindsay's last day of employment. After visiting with Mr. Lindsay, the only way to achieve the City Council's goal is to postpone hiring a new employee until April 1, 2006 or when Mr. Lindsay notifies the City of his last day of employment. Mr. Lindsay is not interested in leaving prior to March 31, 2006 and not having reached agreement with the City on this issue, Mr. Lindsay will continue to. work. In order to get someone hired. for snow removal, I have initiated advertising for a new Public Works Employee with applications due by December 16, 2005. Depending on the decision ofthe City Council, we can terminate those advertisements. CITY ADMINISTRATOR COMMENTS: On November 4,2005, Public Works Supervisor Guimont and I were able to reach an agreement that I feel is good for both the City and Mr. Lindsay. It is my recommendation that we take advantage of Mr. Lindsay's interest to retire now, as come spring he may decide not to retire. I don't say that in a negative way, but again, I think the proposed agreement is both good for Mr. Lindsay and the City. My recommendation remains the same as follows: RECOMMENDATION Accept Ken Lindsay's letter to retire in good standing with the City effective March 31, 2006. Approve the City entering into a Memorandum of Understanding creating a bank of "additional leave" which includes the 160 hours of vacation and any accrued sick leave, which Ken has and will earn between now and March 31,2006. The "additional leave" must be used prior to March 31, 2006 or would be lost. Further to grant Mr. Lindsay an allowance for individual health insurance for the months of April, May and June, equaling $1,3827.70 dollars, which at the option ofthe employee could be paid as additional compensation. 51 If you don't agree with this recommendation, other options the Council may consider are: 1) Mr. Lindsay will continue to work. 2) Offer to pay Mr. Lindsay's wages and benefits through March 31, 2006 and not have him scheduled to work once the replacement is hired. I will put this on the consent agenda for Monday's meeting. If you agree with the recommendation I have attached a copy of the Memorandum of Understanding memorializing the agreement. 52 . . . ~ · 1\!~~!!x~tlLE: . . MEMORANDUM OF UNDERSTANDING Date: November 22, 2005 To: Ken Lindsay From: Larry R. Kruse, City Administrator Re: Lindsay.Retirement The City hereby accepts your notice to retire on March 31, 2006. Congratulations on reaching this milestone in your life. The City agrees to create an "additional bank" ofleave,whichyou must coordinate with your Supervisor to use. The City will deposit 160-hours ofleave to cover the aUeged discrepancy when the City transitionedfrom accruing vacation on an annual basis to a monthly basis. Further the City will allow you to transfer any of your sick leave into this "additional bank". You must use this "additional leave" prior to March 31, 2006 or lose it. Further, the City will pay for your individual health insur&nce for the months of April, May and June. At your discretion, you may take this benefit as additional compensation. After March 31, 2006, you will be given the opportunity to carry health insurance with the City at your own expense. We wish you the best of luck in your retirem(mt. Acknowledgement: Ken Lindsay 53