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2005-12-05 CC Packet . . . ~ "!~~r.t'!iJL€ ALBERTVILLE CITY COUNCIL AGENDA December 5, 2005 7:00 PM 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 3. MINUTES a. November21, 2005 "".City"Council min.utes (pgs."S-7) b. November 2, 2005 Joint City of Albertville and CityofOtsego minutes(pgs. 9-11) c. November 30,2005 Albertville Economic Development Authority minutes (pg. 13) d. November 30,2005 Special City Council minutes (pg. 15) 4. CITIZEN FORUM -(10 Minute Limit) 5. CONSENT AGENDA a. Approve payment of claims check numbers 022160-022211 (pgs~ 17-21) b. Approve Resolution No. 2005-53 (A Resolution Establishing 2006 Holidays Schedule)(pg.23) c. Approve Resolution No. 2005-54 (A Resolution Adopting the 2006 Final Budget) (pg.25) d. Approve ResolutionNo. 2005-55 (A Resolution adopting the 2006 Final Levy) (pg.27) e. Approve S.E.H.'s r~ommendation for Application for Payment No. 11 "(Final) for Public Works Building to Ebert Construction, Inc. in the amount of $28,105.47 t~~ " g. Approve S.E.H's recommendation for payment to French Lake for CSAH 19 Pedestrian Ramps at a cost of $4,505 (pg. 31) h. Approve Bolton & Menk's recommendation for Application for Payment No.2 for Hunter's Pass Lift Station to CCS Contracting in the amount of$47,405(pg. 33) i. Approve issuing a $100 Steffen's Meats certificate to employees j. Approve and authorize Wetland Conservation Act Documents for Philip Morris Property as recommended by the Technical Evaluation Panel (TEP) as on file in the office of the City Clerk. (pgs. 35-38) k. Approve Payment to Bonestroo in the amount of $2,260 for consulting work pertaining to the emergency generator for City Hall with funds coming out of the SAC fund(pg. 39) I. Authorize City Staff to seek bids on the generator that was specified for City Hall m. Approve the purchase of Lot 14, Block 2, Barthel Industrial Park PID No. 101-002-002140 from Sujumibo in the amount of $ 120,000 (pgs. 41-42) . n. Approve the Architect recommendation to pay Kue Contractor's Inc for additional soil corrections for the STMA Arena Locker Room project in the amount of $8060 (pgs. 43-44) o. Approve the Architect's recommendation to upgrade the STMA Locker Room Heating system replacing the electric baseboard in the individual rooms and installing a gas fired force air system at a cost of $9,229 (pgs.45-46) p. Ajprove S.E.H.'s recommendation to reduce the Letter of Credit for Towne Lake 5 Addition from $460,000 to no less than $165,000 (pg. 47) 6. ACTION ON PULLED CONSENT ITEMS 7. DEPARTMENT BUSINESS a. Finance 1). Accounts Receivable Update (pg. 49-50) 2). Project Status Update (pg. 51) 3). Approve Resolution No. 2005-56 entitled (Resolution setting Fees and Miscellaneous Items) (pgs. 53-57) b. Planning Department 1). Tim Guimont (pgs. 59-64) a). Resolution No. 2005-52 (Finding of Facts for Guimont Attached Garage) b). Conditional Use Permit - Two Accessory Buildings, Accessory Building Floor Space Exceeding 1,150 square feet. . 2). Little Dukes/Coborn's (pgs. 65-70) a). Resolution No. 2005-51 (Findings of Facts for Coborn's-Litt1e Dukes Additional Gas Pump) b). Conditional Use Permit - Gas Sales c. Engineering 1). Project Status Update (pg. 71) a). 70th Street NE Access Plan (pgs. 73-74) b). CSAH 37 Access Plan (pgs. 75-76) c). Hotel- Waterpark Traffic Study (pgs. 77-78) 2). Resolution No. 2005-57 entitled (Resolution Establishing Municipal State Aid Streets) (pgs. 79-80) . 2 . . . d. Legal 1). T-Square Business Park Developer's Agreement a). T-Square Developer (pgs. 81-95) b). T-Square Robert Heuring (pgs.97-110) 2). County Maintenance Building Agreement (to be presented at meeting) 3). Memorandum on Shoppes of Town Lakes Restaurant/Bank swap (to be presented at meeting) 4). LaBeaux Station Extension of Recording the Plat 5). Approve Ordinance No. 2005-09 entitled (An Ordinance Setting Various Development Fees (pgs. 111-114) e. Administration 1). Written Report (pgs. 115-116) 2). Joint Powers Water Access Fee Discussion 3). Edina Development (Closed meeting due to litigation) 8. ADJOURNMENT 3 ~ . AJ~~T!'!ilL€ . . ALBERTVILLE CITY COUNCIL November 21, 2005 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members John Vetsch, LeRoy Berning, Ron Klecker, and Tom Fay, City Attorney Mike Couri, City Planner Al Brixius, City Engineer Mark Kasma, City Administrator Larry Kruse and Public Works Superintendent Tim Guimont. 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 removing Legal items No.2. County Maintenance Building Agreement and No.3. Memorandum on Shoppes of Town Lakes Restaurant/Bank Swap. Motion carried unanimously. MINUTES MOTION BY Council member Fay, seconded by Council member Klecker to approve the November 7,2005 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. a. Approve payment of claims check numbers 022129 to 022157 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 amount of$124,557 d. Approve S.E.H.'s 2004 Bike and Pedestrian Trail Project payment recommendation to pay an STMA Invoice in the amount of $3,744 for Fence Removal and acknowledge an offsetting bill of $1 ,537 for drainage improvements requested from the STMA School District resulting in a net amount owed to the School of $2,207 5 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 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 1-94 traffic modeling and share with them how we arrived at the current plan Motion carried unanimously. Council member Vetsch noted he did not support item f. DEPARTMENT BUSINESS BUILDING DEPARTMENT: The City Council review Building Official Sutherland's monthly report. City Administrator Kruse mentioned that the department continues to be very busy with storm damage permits. PUBLIC WORKS DEPARTMENT: Public Works Supervisor Tim Guimont presented the . council with quotes for the outdoor skating rink. MOTION BY Mayor Peterson, seconded by Council member Berning to accept the low quote from Athletica in the amount of $4,500. Motion carried unanimously. PLANNING DEPARTMENT: No business ENGINEERING: City Engineer Kasma said he was available to answer question regarding his written report. No questions were received. LEGAL: T-SQUARE: City Attorney Couri briefly discussed the assignment of the Robert Heuring Development Agreement to the proposed new owners. It was determined that Staff will meet with the proposed new owners and try and resolve any outstanding issues and bring it back to the City Council at the first meeting in December. CITY ADMINISTRATION: City Administrator Kruse reviewed his written report. KENNETH LINDSAY: The City Council review a Request for Council Action from City Administrator Kruse regarding the request to retire from longtime employee Ken Lindsay. . 6 . . . MOTION BY Mayor Peterson, seconded by Councilmember Klecker to 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 of the employee could be paid as additional compensation. Further to acknowledge the Memorandum of Understanding memorializing the mutual agreement as on file in the office of the City Clerk. Motion carried with Council member Vetch voting nay. ADJOURNMENT MOTION BY Mayor Peterson, seconded by Council member Vetsch to adjourn the meeting at 7:29 p.m. Motion carried unanimously. Don Peterson, Mayor Larry Kruse, City Administrator 7 . . . CITY OF ALBERTVILLE CITY OF OTSEGO JOINT CITY COUNCIL WORKSHOP Joint Minutes November 2, 2005 Roll Call: Otsego City Council: Mayor Larry Fournier, Councilmembers Mark Thorsted, Jessica Stockamp, Dan Scharber and Vem Heidner. City Staff: City Administrator Michael Robertson, City Clerk Judy Hudson, and City Engineer Ron Wagner. Albertville City Council: Mayor Don Peterson, Councilmembers LeRoy Berning, Tom Fay, Ron Klecker, and John Vetsch. City Staff: City Administrator Larry Kruse. Mayor Fournier called the workshop to order at 7:00 p.m. The Councils discussed the following issues. NEW MACIVER Otsego stated that they had improved MacIver Avenue along their joint border and that Albertville owed them 50% of the costs of that improvement. Otsego estimated Albertville's share at approximately $517,000. Albertville suggested that if they improved Old MacIver they could pay for Otsego's portion (estimated at $137,000) as part of Albertville's contribution for their share of New MacIver Avenue. Albertville also suggested that they could contribute the road fees provided by the Hunter's Pass addition (estimated at $138,000) and give Otsego credit ($25,000) for a portion of the traffic light Albertville installed at CSAH 37 & 1-94. This would leave Albertville approximately $200,000 short. Albertville suggested that they should not have to pay the entire amount because part of their land adjacent to MacIver is a swamp and is not developable. They offered an additional $80,000. Otsego did not agree, stating that they made developers pay their entire share for any road even if part of it was not developable. Both staff's agreed additional analysis would be done to pin down the actual cost associated with the segment of street abutting the two communities. OLD MACIVER Albertville indicated they wished to improve Old MacIver A venue, a portion of which is adjacent to Otsego. Otsego's share of the improvement would be an estimated $137,000. 70TH STREET (MACIVER TO CSAH 19) Otsego would like to improve 70th street in 2006. Albertville said that it would be willing to improve the road and pay 50%. They were somewhat concerned about the timing and said they did not think they would have the funds in 2006. They suggested they could pay their share a year or two later. 9 CSAH 19 & 70TH STREET . Albertville would like to widen CSAH 19 from two to four lanes, plus right and left turn lanes, from 67th Street north to 70th Street in 2006. As part of this improvement Wright County would require that the four lane improvement be continued north of 70th Street for approximately 1,000 feet. Albertville would like Otsego to pay for the portion of the improvement north of 70th Street. The total cost of the improvement would be paid for by Wright County (48%), Albertville (31.5%), and Otsego (20.5%). Otsego's estimated cost was $603,000. Otsego said that it was not ready to commit to this improvement in 2006 at this time and suggested a meeting with Wright County to confirm the design and the County's willingness to pay. 1-94 INTERCHANGE Albertville stated they have been seeking a design acceptable to MNDOT and Federal Highway to solve long-term transportation problems on 1-94 and connecting County Roads. To date the City has paid over $200,000 towards this effort. Albertville has decided to seek a comprehensive project which includes a full collector distributor (CD)system which has the ability to be phased. Albertville's goals has always been to preserve full access at CSAH 37 and create full access at CSAH 19. It has been determined that a full CD project could exceed 20 million dollars excluding right of way. Albertville stated they can not afford a project of this size and ifit can not get financial assistance from the City of Otsego, Wright County and other agencies, it may have to consider a phased approach which may for a while remove the westerly ramps on CSAH 37 and install two new ramps on CSAH 19. Albertville has not made any decisions on a project at this time, and invited the City of Otsego to participate in coming together to build a larger more comprehensive project that will be acceptable to most parties. . City Administrator Kruse suggested that there is an opportunity now to leverage financial contributions from the undeveloped land in both cities. If an agreement on a larger more comprehensive project is not achieved and a phase approach is initiated, it may limit the opportunity to tap those funds later . Albertville stated that after many meetings with MNDOT and Federal Highway, at a staff level they agree that the proposed phased Collector Distributor system would meet their transportation and safety requirements. Otsego registered great objections to the proposed removal of ramps on the 1-94/CSAH 37 interchange. They indicated they thought the majority of the traffic problem was caused by traffic going to and from the Albertville Outlet Mall, and that Albertville could have addressed some of the traffic issues when the Mall was built. Otsego expressed reluctance to financially participate in 1-94 improvements. Albertville stated that the Wright County Transportation Study along with traffic modeling showed that based on current growth trends these roads systems will fail in the near future. Albertville attributes a portion of the benefit of a larger more comprehensive 1-94 project to property owners in Otsego. Albertville thought a portion of the traffic problems were caused by residential growth in the surrounding area, and that traffic problems would get worse as western . 10 . . . Otsego developed. Otsego noted that it had paved MacIver Avenue specifically as an alternative to get people from Otsego to the Twin Cities without having to use CSAH 19 or go through Albertville. Otsego stated that one quarter of the 1-94/CSAH 37 interchange, along with one the ramps proposed to be removed, was partially located in Otsego. They stated they would not give municipal consent to any attempt to remove it. Albertville invited the City ofOtsego to financially invest to preserve and improve the 1-94 access. Otsego requested Albertville put on a presentation on the 1-94 project using traffic modeling simulations and other information. The two cities discussed a possible joint sharing of the associated meeting cost, and after some discussion Albertville volunteered to pay for this cost. Albertville will present a tentative date for the joint meeting. MULTIPLE PROJECT FUNDING Albertville requested that the two cities try and reach an agreement for all of the above projects in concert rather than to continue to have these various issues hang out there and be a bone of contention. Otsego rejected this idea. The two staffs will continue to work to resolve these issues. SCHOOL SITE The Councils discussed that the St. Michael-Albertville School District was looking for a new high school site. FIRE CONTRACT Albertville estimated the cost for Otsego will be $35,200 in 2006. They asked that Otsego keep updating the Albertville Fire Chief with new maps. OTSEGO CREEK IMPROVEMENT Otsego updated Albertville on its plans to clean Otsego Creek this winter. It would be cleaned at least as far as the Section 30 wetland, which is the portion of Otsego Creek where Albertville is responsible for partial funding. Albertville asked that an Otsego Creek Authority meeting be set up to review the plans. 70TH STREET ACCESS Both Councils discussed the possible location of future accesses on 70th Street. With no other business, Mayor Fournier adjourned the meeting at 10: 15 p.m. Larry Kruse City Administrator 11 . . . ~ ~~€I!'!ilL€ ALBERTVILLE ECONOMIC DEVELOPMENT AUTHORITY November 30, 2005 Albertville City Hall 6:00 PM PRESENT: Chairman Don Peterson, Council members John Vetsch, LeRoy Berning, Ron Klecker, and Tom Fay, Finance Director Tina Lannes, City Administrator Larry Kruse and Financial Consultant Paul Donna. Chairman Peterson called the Albertville City Council meeting to order at 6:00 p.m. followed by the Pledge of Allegiance. The purpose of the EDA meeting was to issue $3.7 million in Lease Revenue Bonds for a new City Hall. $3,700,000 CITY HALL LEASE REVENUE BOND Paul Donna of Northland Securities presented the results of the $3;700,000 bond sale stating the issue had a 9-year call, 20-year term and was rated by Moody at an A-3. The bond is being issued to the Albertville Economic Development Authority (EDA) and the City then has a land and building lease with the EDA. Donna stated the average annual payment is $279,000 and the average interest rate is a 4.34%. The City Council will be passing a concurrent resolution to complete the transaction. Motion by Council member Klecker, seconded by Council member Berning to approve Resolution Number 2005-5x entitled , as on file in the office of the City Clerk. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Klecker, seconded by Council member Vetsch to adjourn the meeting at 6: 1 0 p.m. Motion carried unanimously. Don Peterson, Mayor Larry Kruse, City Administrator 13 . . . ~ AJ~€I!!ilL€ ALBERTVILLE CITY COUNCIL November 30, 2005 Albertville City Hall 6:10 PM PRESENT: Mayor Don Peterson, Council members John Vetsch, LeRoy Berning, Ron Klecker, and Tom Fay, Finance Director Tina Lannes, City Administrator Larry Kruse and Financial Consultant Paul Donna. Mayor Peterson called the Albertville City Council meeting to order at 6: 1 0 p.m. followed by the Pledge of Allegiance. The purpose of the special meeting was to issue $3.7 million in Lease Revenue Bonds for a new City Hall and to issue a $4 million G.O. Sewer Bond for the new waste water treatment plant expansIOn. $4,000,000 WASTEWATER TREATMENT BOND ISSUE Paul Donna of Northland Securities presented the results of the $4,000,000 bond sale stating the General Obligation issue had a 10 year call, 20 year term and was rated by Moody's at an A2, but the issues has insurance bringing the issue up to the highest AAA rating. The average interest rate of3.98% and an annual debt service payment of $293,000. Donna explained that the EDA is borrowing the funds to build the City Hall and then the building and land is leased back to the City who make the payment on the bonds. MOTION BY Council member Klecker, seconded by Council member Berning to adopt Resolution number entitled. Motion carried unanimously. $3,700,000 CITY HALL LEASE REVENUE BOND Paul Donna of Northland Securities presented the results of the $3,700,000 bond sale stating the issue had a 9 year call, 20 year term and was rated by Moody at an A-3. The bond is being issued to the Albertville Economic Development Authority (EDA) and the City then has a land and building lease with the EDA. Donna stated the average annual payment is $279,000 and the average interest rate is a 4.34%. Motion by Council member Berning, seconded by Council member Klecker to approve Resolution Number entitled Motion carried unanimously. ADJOURNMENT MOTION BY Council member Klecker, seconded by Council member Vetsch to adjourn the meeting at 6:20 p.m. Motion carried unanimously. 15 . . . ~ "J~~!'!tlL€ City of Albertville Check Detail Register December 5, 2005 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 022160 12/5/2005 A.T.D. E 101-41100-433 Dues and Subscriptions $297.00 630085-303 Total A. T.D. $297.00 Paid Chk# 022161 12/5/2005 ACTION RADIO & COMMUNICATIONS E 101-42000-404 RepairlMaint- $1,074.65 12188 E 101-42000-404 RepairlMaint- $125.00 29698 Total ACTION RADIO & COMMUNICATIONS $1,199.65 Paid Chk# 022162 12/5/2005 AFLAC G 101-21710 Other Deducatlons $16.16 196333 Total AFLAC $16.16 Paid Chk# 022163 12/5/2005 ALBERTVILLE QUEEN COMMITTEE R 101-00000-36200 Donations $150.00 Total ALBERTVILLE QUEEN COMMITTEE $150.00 Paid Chk# 022164 12/5/2005 ALPINE HOMES G 101-22800 Landscaping Escrow $2,750.00 G 101-22800 Landscaping Escrow $2,750.00 Total ALPINE HOMES $5,500.00 Paid Chk# 022165 12/5/2005 ANOKA-HENNEPIN TECHNICAL E 101-42000-108 Medical Training $495.00 47160 TotaIANOKA.HENNEPIN TECHNICAL $495.00 Paid Chk# 022166 12/512005 ARAMARK UNIFORM SERVICES E 601-49450-417 Uniform Rentals $16.43 629-5722963 E 101-45100-417 Uniform Rentals $24.65 629-5722963 E 101-43100-417 Uniform Rentals $24.63 629-5722963 E 602-49400-417 Uniform Rentals $16.43 629-5722963 E 601-49450-417 Uniform Rentals $18.35 629-5776755 E 101-45100-417 Uniform Rentals $27.53 629-5776755 E 602-49400-417 Uniform Rentals $18.35 629-5776755 E 101-43100-417 Uniform Rentals $27.48 629-5776755 E 602-49400-417 Uniform Rentals $19.64 629-5835745 E 101-45100-417 Uniform Rentals $29.45 629-5835745 E 101-43100-417 Uniform Rentals $29.46 629-5835745 E 601-49450-417 Uniform Rentals $19.64 629-5835745 E 101-43100-417 Uniform Rentals $22.38 629-5845468 E 101-45100-417 Uniform Rentals $22.35 629-5845468 E 602-49400-417 Uniform Rentals $14.92 629-5845468 E 601-49450-417 Uniform Rentals $14.92 629-5845468 Total ARAMARK UNIFORM SERVICES $346.61 Paid Chk# 022167 12/5/2005 BANYON DATA SYSTEMS E 101-41500-207 Computer Supplies E 601-49450-300 Professional Srvs (GENERAL) E 101-41100-300 Professional Srvs (GENERAL) E 101-41300-570 Office Equip and Furnishings E 101-41400-570 Office Equip and Furnishings E 602-49400-300 Professional Srvs (GENERAL) Total BANYON DATA SYSTEMS $233.00 13071 $233.00 13071 $232.96 13071 $233.00 13071 $233.00 13071 $233.00 13071 $1,397.96 Annual Subscription/dues pagers & holsters FD repair pager AFLAC Insurance Prem lions donation royalty Reimb Escrow 6178 Kaitlin Ave Reimb Escrow 6115 Kaitlin Ave First Responder Training J M Uniform Serv - Sewage Dept. Uniform Serv - Parks Dept Uniform Serv - PW Dept. Uniform Serv - Water Dept Uniform Serv - Sewage Dept. Uniform Serv - Parks Dept Uniform Serv - Water Dept Uniform Serv - PW Dept. Uniform Serv - Water Dept Uniform Serv - Parks Dept Uniform Serv - PW Dept. Uniform Serv . Sewage Dept. Uniform Serv - PW Dept. Uniform Serv - Parks Dept Uniform Serv - Water Dept Uniform Serv - Sewage Dept. Annual Service Support Annual Service Support Annual Service Support Annual Service Support Annual Service Support Annual Service Support 17 Paid Chk# 022168 12/5/2005 BOLTON & MENK,INC E 101-41710-303 Engineering Fees $150.00 89647 E 101-41710-303 Engineering Fees $112.50 89647 E 101-41710-303 Engineering Fees $120.00 89647 E 101-41710-303 Engineering Fees $150.00 89647 E 101-41710-303 Engineering Fees $37.50 89647 E 101-41700-303 Engineering Fees $2,858.50 89647 Total BOLTON & MENK,INC $3,428.50 Paid Chk# 022169 12/5/2005 BURLINGTON NORTHERN SANTA FE R 101-00000-34950 Other Revenues $1,500.00 Total BURLINGTON NORTHERN SANTA FE $1,500.00 Paid Chk# 022170 12/5/2005 CARBONES PIZZERIA ALBERTVILLE E 101-41410-300 Professional Srvs (GENERAL) $19.34 38816 Total CARBONES PIZZERIA ALBERTVILLE $19.34 Paid Chk# 022171 12/5/2005 CARQUEST E 101-45100-404 RepairlMaint- E 601-49450-404 RepairlMaint- E 601-49450-404 RepairlMaint- E 601-49450-404 RepairlMaint- E 601-49450-404 RepairlMaint- E 101-43100-215 Shop Supplies Total CARQUEST Paid Chk# 022172 12/5/2005 CCS CONTRACTING R 204-00000-37270 SAC Fees Total CCS CONTRACTING Paid Chk# 022173 12/5/2005 DOOHER, DELORES G 101-22900 Park Rental Deposit Escrow Total DOOHER,DELORES Paid Chk# 022174 12/5/2005 ELAN FINANCIAL SERVICES E 101-41300-399 Miscellaneous E 101-41400-200 Office Supplies (GENERAL) Total ELAN FINANCIAL SERVICES Paid Chk# 022175 12/5/2005 ELERT & ASSOCIATES E 482-49300-300 Professional Srvs (GENERAL) $3,260.00 153966 Total ELERT & ASSOCIATES $3,260.00 Paid Chk# 022176 12/5/2005 FIRE INSTRUCTOR ASSOCIATION E 101-42000-208 Training and Instruction $971.28 50320 Total FIRE INSTRUCTOR ASSOCIATION $971.28 Paid Chk# 022177 12/5/2005 FRENCH LAKE CURB CO. E 101-43100-400 RepairlMaint - Paved Rd $4,505.00 7155 Total FRENCH LAKE CURB CO. $4,505.00 Paid Chk# 022178 12/5/2005 FUTRELL FIRE CONSULT & DESIGN E 482-49300-300 Professional Srvs (GENERAL) $402.50 18521 Total FUTRELL FIRE CONSULT & DESIGN $402.50 Paid Chk# 022179 12/5/2005 GOLD KEY DEVELOPMENT E 473-49000-300 Professional Srvs (GENERAL) $4,353.00 Total GOLD KEY DEVELOPMENT $4,353.00 Paid Chk# 022180 12/5/2005 HALLMAN OIL COMPANY-FUEL DIV E 101-43100-212 Motor Fuels $1,260.77 176843 Total HALLMAN OIL COMPANY-FUEL DIV $1,260.77 Paid Chk# 022181 12/5/2005 HAWKINS,INC E 601-49450-210 Operating Supplies Total HAWKINS, INC Paid Chk# 022182 12/5/2005 ICMA E 101-41300-433 Dues and Subscriptions Total ICMA Check Amt $27.37 0281891 $23.65 0282353 $13.82 0282421 $52.48 0282503 $103.02 0282521 $33.52 0282607 $253.86 $47,405.00 $47,405.00 $100.00 $100.00 $101.68 $138.16 $239.84 $359.76 762317 $359.76 $655.12 363110 $655.12 Invoice Comment Aesthetic Concepts SAC & WAC Subway SAC & WAC Subway SAC & WAC Financial Security Bank 10487 61st place Staff mtgs, project status upd . BNSF License lunch for election judges oil filters, clean start 011 filter, plastic truck spla miniature bulb, tractor lamp auto batteries remfg altemator, core, tune u oil dry, deep creep, white lit . Pmt # 2 Hunters Pass Lift Stat Reimb Park Shelter Deposit misc. Supplies misc. Supplies . Service 9/2005 pumping app driver/operator bo Curb Invoice 03 CSAH 19 Upgrad CH Building Project Reimb for Excel Energy pmt ins off road diesel winter bio cubes annual dues . 18 . Check Amt Invoice Comment Paid Chk# 022183 12/5/2005 INSPECTRON INC. E 101-42400-300 Professional Srvs (GENERAL) Total INSPECTRON INC. Paid Chk# 022184 12/5/2005 KENNEDY & GRAVEN E 491-49000-300 Professional Srvs (GENERAL) E 482-49300-300 Professional Srvs (GENERAL) Total KENNEDY & GRAVEN Paid Chk# 022185 12/5/2005 LARSON PUBLICATIONS E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing Total LARSON PUBLICATIONS Paid Chk# 022186 12/512005 M M HOMES G 101-22800 Landscaping Escrow $3,000.00 Total M M HOMES $3,000.00 Paid Chk# 022187 12/5/2005 METROPOLITAN UNDERGROUND SERV E 604-49660-300 Professional Srvs (GENERAL) $320.70 407-05 E 604-49960-300 Professional Srvs (GENERAL) $6,129.79 408-05 Total METROPOLITAN UNDERGROUND SERV $6,450.49 Paid Chk# 022188 12/512005 Mil LIFE E 101-41500-131 Employer Paid Health G 101-21710 Other Deducations E 101-41300-131 Employer Paid Health E 101-42400-130 Employer Paid Ins E 101-45100-130 Employer Paid Ins E 602-49400-130 Employer Paid Ins E 101-41400-131 Employer Paid Health E 601-49450-130 Employer Paid Ins E 101-43100-130 Employer Paid Ins Total Mil LIFE Paid Chk# 022189 12/5/2005 MILLER, BRIDGET E 101-41400-200 Office Supplies (GENERAL) E 101-41400-331 Travel Expenses Total MILLER, BRIDGET Paid Chk# 022190 12/5/2005 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $22.63 142164 E 101-41400-413 Office Equipment Rental $498.06 142289 Total MINNESOTA COPY SYSTEMS $520.69 Paid Chk# 022191 12/5/2005 MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $75.00 571 Total MONTICELLO ANIMAL CONTROL $75.00 Paid Chk# 022192 12/5/2005 MOON MOTORS E 101-45100-404 RepairlMaint- Total MOON MOTORS Paid Chk# 022193 12/5/2005 NEXTEL COMMUNICATIONS E 101-42000-321 Telephone E 101-41300-321 Telephone E 101-45100-323 Nextel Radio Units E 101-43100-323 Nextel Radio Units E 101-41400-323 Nextel Radio Units E 101-41400-323 Nextel Radio Units E 101-45100-323 Nextel Radio Units E 101-42400-323 Nextel Radio Units E 101-42400-323 Nextel Radio Units E 601-49450-323 Nextel Radio Units E 602-49400-323 Nextel Radio Units E 101-43100-323 Nextel Radio Units Total NEXTEL COMMUNICATIONS . . $4,800.00 $4,800.00 $90.00 68640 $90.00 68640 $180.00 October 2005 services General Financial WWTF General Financial CH $19.80 01526960-00 Accuracy test Elections $101.33 03543211-00 PW $20.27 03543211-00 PW $141.40 $2.40 $7.50 $14.10 $18.90 $5.40 $3.90 $4.80 $3.90 $26.10 $87.00 $41.60 $58.20 $99.80 $24.30 4264246 $24.30 $31.72 718183318-0 $48.17 718183318-0 $31.88 718183318-0 $31.88 718183318-0 $31.88 718183318-0 $31.88 718183318-0 $31.72 718183318-0 $31.89 718183318-0 $31.72 718183318-0 $34.91 718183318-0 $33.39 718183318-0 $31.72 718183318-0 $402.76 reimb escrow 10720 49th Court utility truck, labor, mix, etc replace storm sewer 57th & mai Emp Life Ins Emp Life Ins Emp portion Emp Life Ins Emp Life Ins Emp Life Ins Emp Life Ins Emp Life Ins Emp Life Ins Emp Life Ins general office supplies mileage elections Copier Maintenance Agreement Copier Maintenance Agreement mix, lab mix, cat vacuum bag br nextel phones nextel phones nextel phones nextel phones nextel phones nextel phones nextel phones nextel phones nextel phones nextel phones nextel phones nextel phones 19 $57.46 $224.58 $116.68 $75.11 $64.41 $57.46 $57.46 $19.96 $57.46 $47.50 $47.46 $47.46 $38.55 $37.51 $37.51 $36.69 $32.60 $29.01 $26.12 $57.46 Total SPRINT- MO $1,168.45 Paid Chk# 022201 12/5/2005 ST. ALBERTS PARISH CENTER E 101-41410-300 Professional Srvs (GENERAL) $50.00 Total ST. ALBERTS PARISH CENTER $50.00 Paid Chk# 022202 12/5/2005 ST. JOSEPH EQUIPMENT,INC. E 101-43100-404 RepairlMaint- Total ST. JOSEPH EQUIPMENT, INC. Paid Chk# 022194 12/5/2005 PATS 66 E 101-42000-212 Motor Fuels E 101-42000-212 Motor Fuels E 101-42000-212 Motor Fuels Total PATS 66 Paid Chk# 022195 12/5/2005 PINNACLE PRINTING, INC. E 101-41100-300 Professional Srvs (GENERAL) Total PINNACLE PRINTING, INC. Paid Chk# 022196 12/5/2005 PITNEY BOWES E 101-41400-322 Postage Total PITNEY BOWES Paid Chk# 022197 12/5/2005 RED'S PORTABLE TOILETS E 101-45100-415 Other Equipment Rentals Total RED'S PORTABLE TOILETS Paid Chk# 022198 12/5/2005 S.E.H. E 473-49000-303 Engineering Fees E 470-49000-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 465-49000-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41710-303 Engineering Fees E 101-41700-303 Engineering Fees E 488-49000-303 Engineering Fees Total S.E.H. Paid Chk# 022199 12/5/2005 SCHARBER & SONS E 101-45100-404 RepairlMaint- Total SCHARBER & SONS Paid Chk# 022200 12/5/2005 SPRINT- MO E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-42400-321 Telephone E 101-41940-321 Telephone E 101-42400-321 Telephone E 101-42400-321 Telephone E 101-42400-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-42000-321 Telephone E 101-43100-321 Telephone E 101-41940-321 Telephone E 101-42000-321 Telephone E 101-43100-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone Check Amt Invoice Comment . $3.72 finance charge $59.01 7330 fuel FD $143.85 7337 fuel FD $206.58 $25.56 5029 color copies $25.56 $77.52 postage $77.52 $489.90 10342 Rental-Portable Bathrooms $489.90 $13,597.74 138218 Prairie Run $4,668.71 138219 04 CSAH 37 Bike Path $222.37 138262 cedar creek south 7th $971.61 138263 Albert Villas 6th $224.28 138264 Towne lakes Phase III $4,300.00 138265 CSAH 19 Ramps $67.90 138266 Karston Kove 3rd $154.47 138267 shoppes at Towne Lakes $452.55 138268 Towne lakes 5th $623.57 138269 feild revies, drainage review. $3,701.10 13851 Ice Arena locker ROOM $28,984.30 . $42.55 01 347794 o-rings, hyd quick $42.55 497-3106 taxes and surcharges 497-5007 497-3384 497-5106 497-7485 497-7416 Idst 497-3758 497-4836 497-3145 497-0179 497-7474 497-0774 497-0452 497-3210 497-1888 497-4214 497-2215 497-4182 election place rent $46.92 VI12829 $46.92 . parts, element 20 . . . Paid Chk# 022203 12/5/2005 STAR TRIBUNE E 101-41400-200 Office Supplies (GENERAL) Total STAR TRIBUNE Paid Chk# 022204 12/5/2005 STREICHER'S E 101-42000-404 Repair/Maint- Total STREICHER'S Paid Chk# 022205 12/5/2005 TASC E 101-41400-131 Employer Paid Health Total TASC Paid Chk# 022206 12/5/2005 TINKLENBERG GROUP E 468-49000-300 Professional Srvs (GENERAL) $3,300.00 1128 Total T1NKLENBERG GROUP $3,300.00 Paid Chk# 022207 12/5/2005 TOSHIBA AMERICA INFO SYS INC E 101-41400-413 Office Equipment Rental $496.16 43425553 Total TOSHIBA AMERICA INFO SYS INC $496.16 Paid Chk# 022208 12/5/2005 UNIFORMS UNLIMITED INC E 101-42000-417 Uniform Rentals Total UNIFORMS UNLIMITED INC Paid Chk# 022209 12/5/2005 WATER LABORATORIES INC E 601-49450-218 Testing Expenses $587.10 Total WATER LABORATORIES INC $587.10 Paid Chk# 022210 12/5/2005 WRIGHT-HENNEPIN ELECTRIC CO-OP E 101-45100-381 Electric Utilities $25.36 E 101-43160-381 Electric Utilities $51.28 E 101-45100-381 Electric Utilities $133.92 E 601-49450-381 Electric Utilities $6.00 Total WRIGHT-HENNEPIN ELECTRIC CO-OP $216.56 Paid Chk# 022211 12/5/2005 XCEL ENERGY E 101-43160-381 Electric Utilities E 101-43100-381 Electric Utilities E 601-49450-381 Electric Utilities E 601-49450-381 Electric Utilities E 101-41940-381 Electric Utilities E 601-49450-381 Electric Utilities E 601-49450-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-42400-381 Electric Utilities E 101-43160-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-42000-381 Electric Utilities Total XCEL ENERGY 10100 Premier Bank Fund Summary 101 GENERAL FUND 204 SEWER ACCESS 4652003 CSAH 19 WIDENING 468 CSAH 19 RAMPS/I 94 Project 470 CSAH 37 473 PRAIRIE RUN 482 CITY HALL 2004-5 488 ICE ARENA LOCKER ROOMS 491 WNTF Phase 2 601 SEWER FUND 602 WATER FUND 604 STORM WATER Check Amt Invoice Comment $60.32 $60.32 paper $73.11 1303032 $73.11 repair parts for rescue truck $660.00 $660.00 Flex System annual fee 1-94 funding Copier Lease Agreement $29.50 295694 $29.50 dress shirt for new FF biochemical oxygen demands, ph laketowne view Street Lighting - 58-59-60 St. parks towne lakes lift station $0.05 51416598071 5700 Labeaux Ave Signal $314.08 51460281661 6461 Maciver $211.62 51468978491 11200 60th $62.49 51468978491 11942 52nd St Lift Station $45.88 51468978491 6002 Main Ave $2,479.94 51468978491 6451 Maciver $24.76 51468978491 4940 Kaiser Ave Swr $219.49 51468978491 5975 Main $83.28 51468978491 Taxes and Surcharges $35.65 51468978491 5964 Main Ave $24.84 51468978491 11060 61st St Signal $7.43 51468978491 11474 58th St ($14.86) 51468978491 5801 Main $178.63 51468978491 11350 57th $3,673.28 $134,085.60 10100 Premier Bank $37,861.64 $47,405.00 $4,300.00 $3,300.00 $4,668.71 $17,950.74 $3,752.50 $3,701.10 $90.00 $4,265.79 $339.63 $6,450.49 $134,085.60 21 . . . CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-53 A RESOLUTION ESTABLISHING 2006 CITY HOLIDAYS OBSERVED WHEREAS, the City Council is desirous of establishing the 2006 City Holidays to be observed for the City of Albertville effective January 1,2006; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby establishes the following Holidays: Monday, January 2 Monday, January 16 Monday, February 20 Monday, May 29 Tuesday, July 4 Monday, September 4 Monday, October 9 Friday, November 10 Thursday, November 23 Friday, November 24 Friday, December 22 Monday, December 25 New Year's Day Martin Luther King Jr. Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Harvest - Thanksgiving Day Floating Holiday City Hall closed at noon (comp-time or vacation used) Winter - Christmas Holiday Adopted by the City Council of the City of Albertville this 5th day of December 2005. Don Peterson, Mayor Bridget Miller, City Clerk 23 . . . CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-54 A RESOLUTION ADOPTING THE 2006 FINAL BUDGET WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and WHEREAS, the Albertville City Council has adopted a final tax levy to be placed upon the taxable property in the City of Albertville; and WHEREAS, the Albertville City Council desires to reserve within the General Fund those monies designated as capital outlays within various budget classifications, such that those monies can be disbursed only for those capital outlays so specified within the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA: 1. The attached budget is hereby adopted as the final budget for the City of Albertville for the period January 1, 2006, through December 31, 2006. 2. All monies designated within the budget, as capital outlays shall be reserved within the Capital Reserves Fund, such that those monies can be disbursed only for those capital outlays so specified within the budget. 3. The Albertville City Council has hereby complied with Minnesota Statutes. 4. The Finance Director is hereby authorized to transmit certification of compliance with Minnesota Statutes to the Commissioner of Revenue as required. Adopted by the Albertville City Council this 5th day of December, 2005. Don Peterson, Mayor Bridget Miller, City Clerk 25 . . . CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-55 A RESOLUTION ADOPTING THE FINAL 2005 TAX LEVY COLLECTIBLE IN 2006 WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and WHEREAS, the Albertville City Council has determined that a tax levy upon the taxable property in the City of Albertville is necessary to provide sufficient funds for the operation of the City from January 1,2006, through December 31,2006; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA, that 5. The following sums of money be levied for the current year, collectible in 2006, upon the taxable property in the City of Albertville, for the following purposes: GENERAL FUND DEBT SERVICE FUND $1,735,899 $359,651 6. The Finance Director is hereby instructed to transmit a certified copy of such levy to the County Auditor of Wright County, Minnesota, to be placed upon the tax rolls the property within the City of Albertville. Adopted by the Albertville City Council this 5th day of December 2005. Don Peterson, Mayor Bridget Miller City Clerk 27 . . ~ SEH MEMORANDUM TO: Larry Kruse Albertville City Administrator FROM: Sharon Lund, CCCA DATE: November 15,2005 RE: Public Works Facility Albertville, Minnesota SEH No. A-ALBEV 0302.01 14 When payment is made, sign all copies and distribute as follows: Ebert Construction SEH City of Albertville If you have any questions, please feel free to call us. Enclosures c: Bob Moberg, SEH 29 Jt.. . SEH MEMORANDUM TO: Larry Kruse Albertville City Administrator FROM: Robert Moberg, PE Project Manager DATE: November 29, 2005 RE: 2003 CSAH 19 Upgrade French Lake Curb Invoice Albertville, Minnesota SEH No. A-ALBEV0216.00 . Please find enclosed an invoice from French Lake Curb Company. The invoice is in the amount of $4505.00 and is for installation of pedestrian curb ramps at seven (7) locations along CSAH 19. The locations are: 1. Northwest comer at the entrance to the Outlet Mall; 2. Northeast comer at the entrance to the Outlet Mall; 3. South side of the 1-94 freeway on-ramp; 4. North side of the 1-94 freeway off-ramp; 5. Northwest comer at the 57th Street intersection; 6. Southwest comer at the 57th Street intersection (crossing 57th Street); and 7. Southwest comer at the 57th Street intersection (crossing CSAH 19). Installation of the pedestrian curb ramps was done at the request of City staff and was supported by staff from Wright County. If the work had been performed by Buffalo Bituminous Inc. (the contractor for the CSAH 19 Upgrade project) as a change order to their original contract and at the unit prices identified in their contract, the cost of the work would have been $4744.70. SEH recommends payment to French Lake Curb Company for the invoice amount of $4505.00, as the work was performed at the City's request and was completed in accordance with City standards. If you have any questions, please call me at 651.490.2147. nm Enclosure c: Tina Lannes, City Finance Director Virgil Hawkins, Wright County . 31 . . . E30L TOI'J & "-/IE:I'J 1<., II'JC. Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 . Chaska, MN 55318 Phone (952) 448-8838 . FAX (952) 448-8805 November 16,2005 Honorable Mayor and City Council Members City of Albertville, MN 5975 Main Ave. NE Albertville, MN 55301-9776 Re: Payment Request No.2 Hunter's Pass Lift Station Albertville,MN Dear Mayor and City Council Members: Enclosed are three copies ofthe application and certificate for Payment Request No.2 from CCS Contracting for work completed on the above referenced project. We have reviewed this estimate and recommend payment to CCS Contracting in the amount of $47,405.00. Please sign and forward a copy to CCS Contracting, Paul Saffert of Bolton & Menk and retain one copy for your use. Respectfully submitted, BOLTON & MENK, INC. Paul Saffert, P .E. Project Engineer Ene. ee: Mark D. Kasma, P.E., Bolton & Menk, Inc. Adam Nafstad, P.E., Bolton & Menk, Inc. 33 .If\ . . ElOL~ &. ~e:I'JI<, ConIuIting Engineers a SUrveyors 1960 PremIer Drtve · Mcnkato. MN S6001..s900 Phone (fJ11) 625-4111 · FAX (fJJ7) 625-4117 II'JC. ~Oa ~JJ~ November 22. 200S Mr. Lany IC.nIIe. City A4m~ City of AlbcutviJlo ms MeinAVClJlOe NB AlbertviUo. MN S5301-9716 R!: Wedands~AcI~ Philip Moni. Property Albertville. MN BMI PmjectNo. TtS.2 I 72.6 Deer L8rry: The...1oper lIIldIor his.... lIMe...... tilt ~.......... tile ........ w..... CoDIrnrIIion Act. As IUdI. we'" ,......... ~......... foUows: 1. A NodccofWcdad ConIentaticutAct.Decw.. WedInd Type aDd 80wcIery ad &emption. 2. Applbtioa fw your IipMure .. the LOU. P..... iIlcIudethis item ill yoUr.....1bd___S Cuacillllellin.. .1t~.Is~. and.,prowd by the coun~ .ptoae... dIM'" .~ ill_ Nc6>> (l1emNo. 1) ad.. AppJiCItion (Item No.2). If ~... 1M ..... to Adun. NIIflIad for d1ttrihUtion. Hopefully tbia.1etter and thesedoculnenu _ cIIIr.. ~ 1f)'OU haw myqtlllll&ioDs. or if )'OIl need fudhcr essi-. ..... ... free 10 call ..1t(507) 6254111. ~Submhtcd. WiUiam R. , P.E. Sf. W_ Resources Engineer WRt:cmJ co: ~ Fither. Larkin Ho1'tilM DaIy.t ~ Ltd, (wlOencIoIurW) Mark.~ Dohon....~..IDc.. (WID........) Bnd WOZIUl)'. BWSIt, (wloenclOuw) eooeeDAlIen, Wri&btColmty SweD, (wlo....) F:W.81\TISl1726'1Cme1\W~ ....1It... MANKATO. MN · FAlRMON1'. MN · SI..&PV EVE. MN · BURNSVlLE. MN · WlIJMR. M".t · CHASKA, MN · .AMES,..IA . www.~C(lI'l"I M/!q.Jcf~~ Minnesota Wetland Conservation Act Name and Address of Local Government Unit: City of Albertville 5975 Main Ave. NE. Albertville. MN 55301-9776 Name of Applicant: Philip Morris Property Project Name: Philip Morris Application Number: 1-2005 Type of Application (check one): [gI Exemption Decision D No Loss Decision D Replacement Plan Decision D Banking Plan Decision [gI Wetland Type/Boundary Decision Date of Decision: Check One: [gI Approved D Approved with conditions (see note on page 2 regarding use of wetland banking credits) DDenied . Summary ofProjectJDecision: This approval is for a Wetland Boundary and Type Determination along with a De Minimis Wetland Exemption based on Minnesota WCA rule 8420.0122, Subpart 5.C. Under this provision, a replacement plan for wetlands is not required for activities in wetland areas created solely as a result of "actions by public or private entities that were taken for a purpose other than creating the wetland;" these areas may be drained, excavated, or filled if the landowner can show that the wetland was created solely by actions, the purpose of which was not to create the wetland. At a meeting held on Wednesday, November 16,2005, the Technical Evaluation Panel agreed with the property owner's consultant determination that Wetland A was created by the construction of a private road and the improper placement of a culvert. At this same meeting, there was extensive discussion relative to the appropriate location of the northwest line of Wetland B. It was mutually determined that this boundary line should be adjusted to near elevation 949.75 as represented by the contour shown on the attached map. The TEP agreed that the remainder of Wetland B's boundary appeared accurate. This satisfies the wetland boundary determination lines for three years following the date of approval or the December 5, 2005 City Council Meeting. However, it should be noted that the U. S. Corps of Engineers (COE) has a separate, Federal role in wetland issues in Minnesota. For COE approval, we recommend you forward any delineation and wetland encroachment documentation to Tim Fell, the local COE representative to ensure COE concurrence. Please be advised that any wetland activity that is approved by the City of Albertville is in accordance with the Minnesota Wetlands Conservation Act. The COE provides permitting in accordance with Federal Laws. These are separate permitting authorities. . 36 . . . This determination is contingent on the submittal of a fully executed (signed) exemption request for Wetland A. List of Addressees: Landowner: Philip Morris 603 Lake Street Excelsior, MN 55331 Linda H. Fisher Larkin Hoffinan Daly & Lindgren, Ltd. 1500 Wells Fargo Plaza, 7900 Xerxes Avenue South Minneapolis, MN 55431 Members of Technical Evaluation Panel: Larry Kruse, City Admin-LGU City of Albertville 5975 Main Avenue NE Albertville, MN 55301-9776 William R. Douglass Bolton & Menk, Inc. 1960 Premier Drive Mankato, MN 56001-5900 Colleen Allen, Board Conservationist Wright County Soil and Water Conservation District 306C Brighton Avenue Buffalo,MN 55313 Department of the Army Corps of Engineers St. Paul District Attention: Tim Fell 190 Fifth Street East St. Paul, MN 55101-1638 Brad Womey, Board Conservationist BWSR 520 Lafayette Road North St. Paul, MN 55155 Mark Kasma Bolton & Menk, Inc. 12224 Nicollet Avenue Burnsville, MN 55337-1649 Adam Nafstad Bolton & Menk, Inc. 12224 Nicollet Avenue Burnsville, MN 55337-1649 37 Department of Natural Resources Regional Office (select appropriate office): Central Region: Reg. Env. Assess. EcoJ. Div. Ecol. Services 1200 Warner Road St. Paul, MN 55106 . DNR TEP Representative (if different than above) Jason. Neuman Minnesota Department of Natural Resources Montrose Area Fisheries 7372 State Highway 25 SW Montrose,MN 55363 Corp of Engineers Project Manager @ Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 You are hereby notified that the decision of the Local Government Unit on the above-referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. . Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice. NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland banking credits is conditional upon withdrawal of the appropriate credits from the state wetland bank. No wetland impacts may commence until the applicant receives a copy of the fully signed and executed "Application for Withdrawal of Wetland Credits," signed by the BWSR wetland bank administrator certifying that the wetland bank credits have been debited. THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conservation Act. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. LOCAL GOVERNMENT UNIT Signature Date . Name and Title 38 . . . J1t =:00 -=- AnderIik& 1\11 AssodaIes Snglnnrs foArchlCecU November 28. 2005 Mr. LaITy Kruse. City AdministTaIor City of Albertville S~7S Main Avenue NE P.O. Box. 9 AlbertviUc, MN 55301 Rt:: Albertvi1Je City Han OUr File No. 1028-0$-100 Special E1ectricaI S)'Itmns- Emctpncy Gcner:atar Dc... Latty: During the bidding phase, BoncsIroo performed Additiooal SeJvices 10 the CODItICt to faciUlatc the City'$ request to add by addP.tV1nm an E.tnerpncy GenemIort.o tho projlCt. This 1eltel' is a fOUow-up to that request along with SOInI backup iDfunnation n=prding the time explmded and the associated costs. Following is a list of sen/ices by Mike Filzpabick and Jeff McDowell performed in prepantioD of this addendum it=. 1, Combel in-houte meetmgslo discus the following. a. Basement oplion - Pro's ami Coo's b. Outdoor pennll.llle'Dt or portable geoe,rator c. Access to tpmelalCr d. Obtainia& cost eslima1es for various options e. Retnreh on pnaator pad types 2. frepue die p. by maJciDg modificIlions to electrical &elVk:1l! entrance to include provisions for an emerscnqr pcrat;or. 3. Prepare new speciflCfttions for an emerpncy pnemlor. The total fee for the acldettdum change.. Hi m. :x. $75.00. = 51,200,01) 4 hr. x $75.00 = SJOO,OO 8 hr. X 59'.00 · $760.00 $2.260.00 Please sip below aulborizing this fee adjustment to b c:onb:aCt tor these: services, Thank you aga2D for the opportunity to work with you end the council on Ibis projecL Sincerely, BONESTllOO. ROS~ ANOERUK &. ASSOClATES.INC. ~'iYtr Don PetenGn. MayoI' Date Cc: OFR File Latty KIusc. City Adtninis.tnlIor 0_ 39 ~ · AJ~~!'!tlL€ TO: FROM: DATE: RE: City Council Larry R. Kruse November 30, 2005 Purchase of Sujumibo (Michael Potter) Industrial Property BACKGROUND The City Council previously approved purchasing the Sujumibo industrial site subject to our City Engineer evaluating the soils to insure there is not a need for significant correction. Soil tests have been performed and according to Assistant City Engineer Adam Nafstad the soil test indicated that the site is typical to Albertville and in his opinion this site when taken in totality with adjoining City owned land should balance and require little if no imported soils. To refresh everyone's memory, the following is my earlier information presented to council. . The City is considering installing improvements to 52nd Street in Albertville's Industrial Park. In May of2005, BMI estimated the cost of municipal improvements at $778,840.99, providing benefit for 11.35 acres. Sujumibo owns 2.38 acres of this land and has offered to sell it for the County Assessor market value, which is $120,000 or $1.16 s.f.. Soil tests and a development cost analysis has not been done on the property to determine any soil corrections necessary. The owners contend the cost to install the municipal improvements exceed the benefit to the property and thus are offering it to the City. Spreading the cost of the improvement to the build able area results in the following Average Municipal Improvement Cost for the 11.35 acres is $1.57 s.f Average Sujumibo Land and Municipal Improvement Cost (2.38 acres) is $2.73 s.f. Average Municipal Improvement Cost (11.35 acres) including Sujumibo land is $1.82. The City has the ability to create a Tax Increment District to reimburse the City for the Cost of land and improvements approximately equal to the increase in taxes generated by new development, thus limiting the City financial risk. RECOMMENDATION Move to Authorize the City to purchase 2.38 acres of industrial land from the Sujumibo for $120,000. . 41 f{\ ElC::>L""'~ &. IV1 E::N I< , Consulting Engineers. SUrveyors 1960Premlef Drive · Mankato. MN 56001..6QOO Phone (SJ7) 62$.4171 · FAX (!JJ7) 625-4177 II'-JC:. J4t( .~. c . November 28, 2005 Mr. Larry Kruse, City Administrator City of Albertville 5975 Main Avenue NE P.O.Box9 Albertville, MN 55301 RE: S~wnilioLLCProperty 5216 52nd Street N.E. Lot 14, Block 2 - Barthel Industrial Park City of Albertville, MN Dear Mr. Kruse: As requested, we have reviewed Braun Intertec's Preliminary Geotechnical Evaluation, dated November 16, 2005, for the above referenced 2.76 acre parcel located at the northwest quadrant of the 52nd Street N.E. and Marlowe Avenue N.E. intersection. Braun's evaluation consists of the analysis of field and laboratory tests performed on selected soils collected while conducting eight (8) penetration test borings to nominal depths of 15 to 20 feet below the existing grade, soil boring logs, and recommendations for the construction of building pads, roadways, etc. . Braun's evaluation indicates that the site has approximately Y2' to 3 Y2' of clayey topsoil at the surface and different glacially deposited clays below. The results of the soil borings and tests indicated that approximately Y2' to 7' oftopsoil and soft compressible soils will need to be excavated and replaced and/or dried to provide suitable pad material capable of bearing typical industrial building and roadway loads. Braun summarizes their analysis of the site by stating, ''this is a typical clay site and construction techniques appropriate for a clay site and prevailing season/weather should be exercised. Based on Braun's geotechnical evaluation of the site and if incorporated with the mass grading plan and development of the adjacent lots, it is believed that the site can be feasibly developed as a pad-ready lot capable of accommodating a light-industrial type business. Please let me know if you have any questions regarding the evaluation of the site. Sincerely, BOLTON & MENK, INC. Adam Nafstad, P. E. Albertville Assistant City Engineer Cc: Mark Kasma, P.E. - City Engineer . 42 ~ . SEH No-maber 1& 200$ U: AlbrIftvdl.. MiIlllllGta 200$ fcle Area Loobr bolft Additioe S!HMo.A-ALJBVOSl$.oe 14.00 . Lin)o' Krwlc Cit,y~ citf af AlbIrtvlUe 5f7S Main Avenu.t NE Albenvl1lt, MN "'01""" D-'Mr. Krue; I'" .... 0.. .~ 1hIt OCCUII- .......1he ad4ftlOftlJ lOlls oorrection. Loo FIlly. wbois 1M _1i1e .,.,..fot~~...... "fDJowiq~ QD to.. AlWkoriJiuJ 101..a4 bca1 te>,", Iowa '10 fGurfoat dIpdl bcda Q._~..-iIb lDde....t r"*'& ncbMloPI udAclla who fa p~ 'lbeCk) "rl.~".' BoUl...._ addftOllll ICIilI at tilt Iaat oftlle. ....ID belllDeMlcI.- this WIlli... at aboGt _ yudt.....llodl eqat or paa mU.1IUl iJt1CIOft at....s noUaJinl to SI ~ x ~ . S914D.. The fhlll IIwn_ GUl' to 1t15. 4IiV lJ.'-'i;,p..J"'~ WD "W,. ~w... DUll", ll~ra.td.1Ii 0... ~.l1 "..... ..,tlwi.q d'lJ~yatMa 1:hi. mfollMtion CImO to _after_ -. bal it all appnn to be 1qi1InPto. Leo abo ~ t1lat file Cit)' EagiJJeetWII piqw iIIfonD,. .. doc.....t Jail..... UYit.......... be I'OmIIWOCL w. bwt a ,....d MiIkm fortM ~ IQ'Il!IlDIa clUed b ttplaclqt1Le.IecIri~""""",," IlICWded in the 1U for dle1acw toOII'll. nil .1 what tit., line at "....na:.... waaId 'fimcdDa wida .. ...... 'lbe pmpouJ wiDltm uelhc air~~ Wwil1 ntplacc * .lIIctrichlcq UIIa with fora., dtreated hID COITLdor lIIif1l1to 1l1e I.ocbr roama. TlU.IhouW be lL JDUCh more cmcicm ~__ do. bQIaIr job ot"';..Y~ 11III cIchu1aidiflinl. 1 will 1M u..propauII for )'OW IMiew also. .~ ~~- Projlat ~ kid Eacloli\lRl lJ::.A.\A.1.8IMASUOIM~"'1WlGl OfdSU'lGVlhf.DI)C . 43 ... ~... ...... _ ...." ~, -.... - ...... .~w . ....-..., ........11..- PLl.JMB1NG .. BK.\TING or l.A.YNaVlL1& lNC. 111.1. CON'l'IAC1"CU lID CI!IIDAL AVI. I. 'A ..... . W'A'IZIMI..... t.J>>M" 'AX 7MQ$iiM ND\'DB&1.200S M:~qAUNAwac:....ADDrI~.ail'tAtIlVAe IYJ'I'IN DI_(III8W.~_"'JDCbY AlINA 11m IKADDIYITIIM'WAlPIOtlI&) dlNDlVlDUALltBCmCBlAmlJOI. .1'II1.OC1D...... A:NDACMlJIIID~..,AIlI'rDI"ICIl" IMUWAYI.A.'MD1A3BY. . 1M ovaNDIDID'lWI...... ...~A)/ICJIII1ICMA'L HlA11NO AND VllftlLADfO 1YI1BM1IIATWOUlD an..,4aLlTA1'I YOUa...,BUILDDIOAMD.1& ......~liII..AI'a.AI ..' OPIIRATDtAND COYIDI.T. .... IQ'IlWWJl.LALIO D0411r111D ....1'IIII.WN'lII.A!JNG .olD.......... ua.ACa ..ft.... 'MI.U INCUJDlrwo _AlAm".~.AIIl1UIJfM.3I WI'III Dmlia ~ft" a.......I.....1m1lftO IACII....... _ a1'IA COlT OfIlQUJlll8lr AD*1IIIAI.Im.....,. WDATI ow ClaJCa110NWUUUJ.,wADDthQlf& ....... ~TAD 'J'ID ~0Qh....ADJl( Ale LarUl Dl)W WBfalDDtIeIII:JN WKfWOlU uamoownaWllIIIDlOJ:NOW' POaP1.AHNlNG......AllDJaAYt'Dbrca-.-aTl'AtI. 11MNIl YOl1f01. YOUI.....A'ND~~:rDt ft.... JIOIlWAI.D lOwauDla W1D11OUCIf YGUJ.JIJOa'T. 'VOII~.laAl1NO ~~~~ . . . 44 . ~~~. ... '-RuB ~Lo~NOV 152005 ~ 1~e.._~ - . P..c. ....' '. ..' . '. '. .'. ~............ .............~l__ ~;~- .~l~ . Newellbel' l" 200' Mr.l\IJI (1-' SIB 1u. "5II>IQl~ JOO P.G..... lbbatrd.')fN 56401..0405 " Q:200t IIIAN11&A4'-" "., .... ne...... rw the 1Idd1tklllll1lOJl coRocdar. .. . trlSJ.OO 1'* OAP I 'JS.OO SUIlIaIIl S 10.-.00 J.ont Ind t lOUD TaIIIl 11'.,1" TkaAiHllNlAl caa,..1hI \JQNdId Hal-~.S)IlCllIIII..,.bed per, anacbed leer S 1,300..00 1"' oar . s .', _.GO S~ '9.130.GO 2 .01M IIaa4 S 99.00 Total S........ . 45 ~ A!1?.~!!'!UL€ . TO: FROM: DATE: RE: City Council Larry R. Kruse November 30, 2005 STMA Locker Room Project - Heating System BACKGROUND KUE Contractors Inc. in conjunction with their heating contractor (Voss) are recommending we change the heating system in the arena locker rooms from electric to a gas fired forced air system with dehumidification, which will be more efficient and a more comfortable heat. The Architect agrees and also recommends the change, however, noted this is a financial decision for the City and that the electric heating will work. See contractor submittals for additional information. With the soil correction work we have expended our contingency funds. I have forwarded this information onto Arena Manager Grant Fitch and STMA Arena Board Chairman Bob Helgeson . to see if they can pay for this item either through the Arena Board or through the $500,000 approved by the voters recently. This item is an arena improvement that is post referendum, so I think it would qualify. Because of timing issues, I recommend that the City of Albertville approve the change order but keep in mind by doing so that the City of Albertville may not get reimbursed if the school or arena board does not come through. RECOMMENDATION Move to approve a change order for installation of a gas fired forced air heating system instead of the electric at an additional cost of $9,229.00. . 46 Jt.. . SEH Memorandum TO: Larry Kruse Albertville City Administrator FROM: Robert Moberg, PE Project Manager DATE: November 29,2005 RE: Albertville, Minnesota Towne Lakes 5th Addition Letter of Credit Reduction SEH No. A-ALBEV0417.00 . I have reviewed the developer's request to reduce the Letter of Credit and I have also reviewed the work completed to date. Street and utility work has been completed. According to the developer, the majority of the park improvements have also been installed. The final lift of blacktop, trail paving, street signs and landscaping will not be completed until next year. I recommend that the Letter of Credit be reduced from $460,000 to no less than $165,000. The reduced balance will be adequate to cover the cost of the remaining public improvements, offsite improvements, and landscaping. Please call me at 651.490.2147 if you have questions. nm x:Iae\&bev\041700\wordllocI1290S.doc c: Tina Lannes, City Finance Director Mike Couri, City Attorney Dave Hempel, CPDC . 47 . . . TO: FROM: DATE: City Council Tina L. Lannes December 1, 2005 Accounts Receivable Update RE: Total accounts receivable outstanding through November 29, 2005 is $590,004.36. The percentage of the total due based on the aging report is as follows: 0-30 days outstanding 30-60 days outstanding 60-90 days outstanding Over 90 days outstanding $55,502.63 $23,437.45 $157,076.82 $298,947.22 9.41% 3.97% 26.62% 50.67% The majority of the 60-90 days amount due is from the Towne Lakes 3rd Developers Agreement that requires a payment of $144,474 for 70th Street to be made to the city when the 161st lot was platted. This originally was expected to be platted in Towne Lakes 5th Addition, but it is being platted with the 6th Addition and we will receive payment in full when that occurs which is expected to be by year end if plans go accordingly. Edina Development bills are $315,038.51 or 53% of the total outstanding receivables. 49 Vendor Amount Due 0-30 Davs 30-60 days 60-90 days 90 days & Over 152 CLUB $150.00 $150.00 ALBERTVILLE HOLDINGS $1895.18 $733.00 $1162.18 BROWN, STEVE & CHRISTY $50.00 $50.00 BURGER KING $468.88 $468.88 CARIBOU COFFEE $50.00 $50.00 CASCADE II LAND DEVELOPMENT $5.279.91 $1,595.50 $2,441.15 $1,243.26 CASUAL CORNER $3,200.00 $3,200.00 COBORN'S $88.00 $88.00 PMT COBORN'S/HJ Development $3,662.42 $3,662.42 AGREEMENT CPG PARTNERS $430.75 $430.75 $506.50 $31.51 $171.15 EDINA DEVELOPMENT $315,038.51 $3,829.97 $13,189.07 $6,585.01 $291,434.46 ERICKSON, RANDI $587.00 $587.00 H.J. DEVELOPMENT $100.00 $100.00 HALLENBECK, GLORIA $37.50 $75.00 LACHAPELLE, TAMMY $75.00 $75.00 MAJORS SPORTS BAR & GRILL $50.00 $50.00 METRO HOME WATERPROOFING $10.00 $10.00 MINNESOTA DEVELOPMENT AGENCY $23.963.74 $23,265.49 $698.25 MNDOT $30.324.08 MOBIL $22.00 $22.00 MORTGAGE ELECTRONIC $101.67 $101. OBRIEN, THOMAS P $2.205.00 $2,205.00 OTSEGO, CITY OF $15.830.44 PETERSON, JOSH $826.90 $826.90 PREMIER DEVELOPMENT GROUP $913.14 $908.50 $312.50 $560.64 PROPERTY VISION, INC $110.47 $110.47 SHOPPES AT TOWN LAKES $771.50 $2,061.89 $284.21 $1,060.06 SHOPPES AT TOWNE LAKES 2 $2,123.76 SMACKDOWN BAR & GRILL $617.19 $22.00 $595.19 ST. MICHAEL, ALBERTVILLE DIST $5,104.25 $5,104.25 ST. MICHAEL, CITY OF $21.685.44 T-SQUARED PROPERTIES $800.00 $800.00 TOWNE LAKES $151.947.52 $4.262.29 $1 649.06 $146,194.19 YEARWOOD DEVELOPMENT $1,484.11 $1,015.36 $138.86 $2,033.05 Total $590,004.36 $55,502.63 $23 437.45 $157.076.82 $298947.22 Current 0-30 days $55,502.63 9.41% 30-60 davs $23,437.45 3.97% 60-90 days $157,076.82 26.62% over 90 day $298,947.22 50.67% Total outstandina less Edina $219,925.61 37.28% Total outsandind less Edina more than 30 days $181,442.02 30.75% 50 . . . ~ l\!l?.~~!~tlL€ TO: FROM: DATE: City Council Tina L. Lannes December 1, 2005 Project Update RE: Council requested an update on outstanding project status. Below are the contracted projects with amounts paid to date as of November 29,2005: Project Total Contract Paid to Date Difference 2004 School Pedestrian Trail (Bituminous) $353,876.90 $305,703.71 $48,173.19 2004 School Pedestrian Trail $2,415.00 $2,415.00 2004 Prairie Run $1,595,233.53 $1,567,701.19 $27,532.34 2004 Seal Coat Improvement $19,965.00 $18,692.60 $1,272.40 2004 Street Overlay $98,070.00 $89,978.40 $8,091.60 Public Works Buildina $1 714,020.00 $1,703,489.10 $10,530.90 2003 CSAH 19 Upgrade $1,446,496.70 $1,340,629.92 $105,866.78 2003 Seal Coat Imorovement $10,421.00 $10,061.62 $359.38 Frontaae Avenue Improvements $313,719.00 $248,255.72 $65,463.28 Water Main Change Order $32,394.00 $30,288.00 $2,106.00 CSAH 37 I 60th Street Storm Sewer $49,983.00 $47,941.00 $2,042.00 WWTF Exoansion $3,705,000.00 $2,248,701.00 $1,456,299.00 05 Seal Coat $14,414.40 $14,414.40 05 Overlay $94,713.00 $71,348.90 $23,364.10 Mud Lake Water Main $70 923.14 $67,725.89 $3197.25 Hunter Pass Lift Station $127,600.00 $47,310.00 $80,290.00 Total $9 649,244.67 $7,814,656.45 $1,834,588.22 80.99% Other Projects with amounts paid to date as of November 29,2005: Proiect Paid to Date I 94 Proiect $206,406.95 City Hall $223,586.80 Total $429.993.75 C= Construction R = Retainage C&R R C&R R R C&R C&R R C&R R R C&R C&R C&R C&R 51 . . . CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-56 RESOLUTION SETTING FEES AND MISCELLANEOUS ITEMS WHEREAS the Albertville City Council sets the following fees by resolution, effective upon the date of passage of this resolution: Item Fee Amount(s) Fee for special council meeting $150 Returned check fee $20 + bank fees Special Assessment Deferment Income level Federal Poverty Level Liquor & wine licenses On-sale liquor license Temporary On-sale liquor 3.2% Malt Liquor on-sale Oifsale liquor license Special Sunday license liquor sales On-sale wine license Clubs, 3.2% malt liquor license Off-sale Non-Intoxicating license $3,300 $220/day $100 $220 $220 $110 $10 / day $100 Coin-operated amusement device license fee $35 per device Bingo license $25 per year Garbage hauling license fee $150 Rental of Lion's Park Shelter, per day (Residents) Shelter, per day (Non-residents) Ball field by Softball Leagues Softball Tournament (three days) $150 plus $100 damage deposit $250 plus $100 damage deposit $75 per team per season $400 53 (Research cost for lights maybe charge $25/team for fee increase) Copies $0.25 per copy . Fax $3 - rt page $.25 per page thereafter Fence permit fee (check Ordinance 2004-22 states $25) $25 Comprehensive plan $100 Comprehensive park plan $75 Ordinance Book $300 Standard detail plates $25 Recycling bin (replacement) $10 Special assessment search $20 per property Massage enterprise license & investigation fees $300 per enterprise . Massage therapist individual license fee $50 per therapist Cable system franchise application fee $500 plus City expenses Open burning nuisance abatement fee $200 Dog license fee $10 annually Dog tag replacement fee $5 Dog impoundment & redemption fees (in addition, all impoundment, transport and boarding fees incurred by the City must be paid) rt impoundment rd impoundment Subsequent impoundments $50 Plus Boarding Fees $100 Plus Boarding Fees $200 Plus Boarding Fees . 54 . . . Water Rates (bimonthly): Joint Powers portion Safe Water Test fee Safe Water Test fee Base Supply Fee 0-6,667 gallons 6,668-13,335 gallons 13,336-23,335 gallons 23,336-33,335 gallons Over 33,336 gallons $.88 flat fee $1.06 flat fee effective 7/1/06 $6.50 $2.05 per 1,000 gal. $2.11 per 1,000 gal. over 6,667 $2.17 per 1,000 gal. over 13,335 $2.22 per 1,000 gal. over 23,335 $2.27 per 1,000 gal over 33,335 City of Albertville portion - hold off on rate change until after study has been completed 0-6,667 gallons 6,668-13,335 gallons 13,336-23,335 gallons Over 23,336 $4.33 minimum bill $.67 per 1,000 gal. over 6,667 $.72 per 1,000 gal. over 13,335 $.77 per 1,000 gal. over 23,335 Sewer Rates (bimonthly) - hold off on rate change until after study has been completed 0-10,000 gallons $29.72 minimum bill Over 10,000 gallons $3.34 per 1,000 gal. over 10,000 Storm Waterrates (bimonthly) Storm Water 1 Residential Storm Water 2 Residential Storm Water 3 Residential Non-residential impervious 0-5% Non-residential impervious 6-35% Non-residential impervious 36-65% Non-residential impervious 66-100% $2.84 flat fee $3.94 flat fee $7.09 flat fee $4.46 per acre $8.40 per acre $11.81 per acre $21.26 per acre Water meter test fee $50 Water shut-offfee $35 Water turn-on fee $35 Sewer tap fee $250 Private sewage disposal system permit fee $100 $100 Private sewage disposal system inspection fee 55 Rental unit license and inspection fees Single family detached residential Single family attached residential Apartment Buildings Building maintenance and occupancy appeal fee Business sign permit fee Advertising Device (Billboard) permit fee Advertising Device (Billboard) annual renewal fee Temporary sign permit fee Swimming pool permit fee Temporary outdoor seasonal sales permit fee Administrative fees/Penalty Weed Elimination Mowing Plowing Car Fires/Accidents (Non-Residents) (Freeway) Maps 2' x 3' Maps 2' x 3' Color Maps II"x 17" Maps 11" x 17" Color Pop PID/Legal Description $100 . $50 per building + $50 per unit $150 per building + $10 per unit $100 plus City expenses Per building permit fee schedule $250 per sign face $250 per sign face $50 Per building permit fee schedule $50 $200 Equipment cost plus man hours . (minimum of $75.00 per hour) Equipment cost plus man hours (minimum of $75.00 per hour) Equipment cost plus man hours (minimum of $75.00 per hour) $500 first hour $200 per hour thereafter $2 $5 $2 $5 $.50 per can $10 per property . 56 . . . Zoning Request (Lot size, permitted use, etc) Lot Survey Copy (no permit pulled) $25/per property $1 Real Estate Annual Fee (includes Parade of homes) False Alarms 1 st and 2nd 3rd 4th 5th 6th 7th 8th 9th 10th Developer Fees $50/year Free of charge $300 $400 $500 $600 $700 $800 $900 $1,000 etc. 4% Adopted this 19th day of December, 2005 by the City Council of the City of Albertville. Don Peterson, Mayor Bridget Miller, City Clerk 57 . . . NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Larry Kruse FROM: Ann Rexine / Alan Brixius DATE: November 3, 2005 RE: Albertville: Guimont Garage - Conditional Use Permit FILE NO: 163.06 - 05.34 BACKGROUND Tim and DarIa Guimont are seeking to add an attached garage to their property located at 11641 50th Street. The subject property is zoned R-1A: Residential Low Density Single Family. The garage addition will be used as storage space for vehicles and added living space above and below the garage. The attached garage addition will be located directly northeast of the existing house measuring five hundred seventy six (576) square feet in area. The applicant's existing six hundred (600) square foot detached garage will remain, presumably storage space. The applicants have not included any details of garage construction in submitted application. Since the addition is part of the principal building, only the garage space square footage is totaled with the accessory building square footage. Extra living space on the first floor and above the proposed garage addition is addedto the square footage of the principal building and is viewed as a resale asset to the home. Attached for reference: Exhibit A: Exhibit B: Exhibit C: Project Narrative Site Plan City Engineer Comments ANALYSIS Conditional Use Permit. A conditional use permit is required for a combined total floor area of an accessory detached building and/or attached garage exceeding one thousand one hundred fifty (1,150) square feet and for the construction of more than one accessory building and/or structure. According to Ordinance (Section 400.2 Subd. F and Section 1000.4. Subd. B, 5 & 7), a conditional use permit may be granted, provided that: 59 1) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official comprehensive plan. . The City Comprehensive Plan designates the property for low density residential uses. The Comprehensive Plan also encourages reinvestment in single-family homes. The application is consistent with these Comprehensive Plan objectives. 2) The proposed use is or will be compatible with present andfuture uses of the area. The total accessory floor space is one thousand seventy six (1,176) square feet, slightly above that allowed by Ordinance. The site is one (1) acre in size and all buildings meet required setbacks. The new addition will be compatible with surrounding land uses of the area and the will match the exterior materials of the exiting home. The applicant indicates that the purpose of the additional attached garage is to house personal automobiles and add living space on the upper and lower levels. The detached garage would remain on the property and continue as an accessory building. Access to the attached garage will be from the driveway to the west. Our staff believes this is an acceptable arrangement and is characteristic of other homes in the area. According to submitted project narrative, the applicant's parcel is one (1) acre in size. This parcel acreage is ample for the construction of an attached garage. In addition, several residential properties on 50th Street are arranged with an attached garage and . accessory detached garage, demonstrating that the applicant's request is contextually characteristic. The site plan indicates that the property slopes approximately fourteen feet (14') from the principal structure to the existing accessory garage, indicating that the accessory structure will not be visible from 50th Street. 3) The proposed use conforms with all performance standards contained herein. According to Zoning Ordinance the lot setback requirements for the R-IA: Residential Low Density Single Family District are as follows: Front Yard Side Yard Rear Yard Not less than thirty feet Lot less than fifteen feet (15') Twenty five feet (30') each (25 ') The applicant has indicated that the north front yard setback will be fifty six (56') feet and side yard setbacks will be eighteen (18') feet to the east property line and fifty nine (59') feet to the west property line. Rear yard setback is indicated as two hundred twenty nine (229') feet to south property line. All buildings on the site meet R-IA setback standards. . 60 . . . 4) The proposed use will not tend to or actual depreciate the area in which it is proposed. The new house addition will increase the value of the house. 5) The proposed use can be accommodated with existing public service and will not overburden the city's service capacity. The new house addition will not increase the demand on City services or utilities. 6) Traffic generated by the proposed use is within capabilities of streets serving the property. The home expansion will not increase the traffic generation from the site. 7) There is a demonstrated need and potential for continued use of the structure and the purpose is stated. 8) The building has an evident re-use function related to the principal use and will be utilized solely as storage with no business or home occupation activity. -and- Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does. not present a hazard to public health, safety and general welfare. Applicant has indicated that the accessory building will be utilized exclusively for the storage of personal vehicles and items related to the single family home. As condition of approval, staff would recommend prohibiting the use of either the attached garage or the detached accessory building for commercial use or home occupation. CONCLUSION Planning staff recommends approval of the CUP. The garage appears to be consistent with the City's regulations relating to such structures and is contextually reasonable with regard to surrounding structures of similar construction and use. This recommendation would include the following conditions: 1. Garage construction is consistent with the architecture and materials of the existing home. 2. Garage or existing accessory building will not be used for business or home occupation. cc: Jon Sutherland Mark Kasma Mike Couri Tim and DarIa Guimont 11641 50th Street Albertville, MN 55301 61 . . . CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-52 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE PROPOSED ATTACHED GARAGE LOCATED AT 11641 50th STREET NE WITHIN THE CITY OF ALBERTVILLE WHEREAS, Tim and DarIa Guimont have submitted an application for a conditional use permit to construct a proposed attached garage to their property located at 11641 50th Street within the City of Albertville. WHEREAS, City staffhas reviewed submitted plans and prepared a planning report dated November 3,2005; and WHEREAS, the Albertville Planning Commission met and held a public hearing on November 9,2005 to consider the Guimont conditional use permit application; and WHEREAS, upon review of the staff reports and hearing public testimony, the Planning Commission closed the public hearing and recommended that the City Council approve the conditional use permit with the conditions outlined in the November 3, 2005 planning report with additional conditions recommended by the Planning Commission; and WHEREAS, the Albertville City Council has received the Guimont conditional use permit application, staff review documents, and the Planning Commission recommendation, and agrees with the findings and recommendation of the Planning Commission. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the amended CUP for the proposed attached garage subject to the attached Findings of Facts and Decisions. Findings of Fact: Based on review of the evidence received, the City Council now makes the following finding of fact and decision: A. The property is located at 11641 50th Street. B. The planning report dated November 3, 2005 from Northwest Associated Consultants as well as the engineering report dated September 26, 2005 from Bolton & Menk were reviewed and presented to the Planning Commission. 63 C. The proposed use can be accommodated with existing public services and will not . overburden the City's service capacity. D. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. E. The requirements of the Albertville Zoning Ordinance have been reviewed In relation to the proposed use. F. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. G. The proposed use will be compatible with present and future land uses of the area. H. The proposed use conforms to applicable Zoning Ordinance performance standards and approved planned unit development standards. I. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the conditional use permit based on the most current plans dated August 20, 1997 and information received to date subject to the following conditions: . 1. Garage construction is consistent with the architecture and materials of the existing home. 2. Garage or existing accessory building will not be used for business or home occupation. Adopted by the Albertville City Council this 5th day of December, 2005. Donald Peterson, Mayor Bridget Miller, City Clerk . 64 . . . NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2656 Facsimile: 763.231.2661 planners@nacplanning.com PLANNING REPORT TO: Larry Kruse FROM: Ann Rexine / Alan Brixius DATE: November 3, 2005 RE: Albertville: Coborn's Little Dukes Gas Station Site and Building Plan Review / Conditional Use Permit FILE NO: 163.06 - 05.32 BACKGROUND Coborn's Incorporated is seeking site and building plan review and conditional use permit amendment to add a fifth gasoline pumping station at their location of business at 5398 LaCentre Avenue. The property is currently zoned B-3: Highway Commercial. Applicant has indicated that they intend to demolish a seven hundred twenty (720) square foot section of concrete and asphalt and install a seven hundred twenty (720) square foot fueling pad, forty- (40) square-foot island and gasoline pumping station. The canopy addition will include lighting and motor fuel dispensers. Attached for Reference: Exhibit A: Exhibit B: Exhibit C: Contextual Site Plan Detail Site Plan City Engineer's Comments ANALYSIS Conditional Use Permit. The applicant is seeking an amendment to a conditional use permit to expand their gas sales in the B-3: Highway Commercial District. Motor fuel stations in Albertville are allowed, subject to specific zoning ordinance regulations regarding location, lot size, site access, parking, surfacing, lighting and grading. Location. The submitted application material has indicated that one (1) additional gasoline pumping station be attached to the eastern end of the existing four (4) gasoline pumping stations. 65 Lot Size. Motor fuel stations are required to have a minimum lot size of twenty thousand . (20,000) square feet and a minimum lot width of one hundred fifty feet (150'). Subject site is part of the larger Cobom's site measuring 6.12 acres which exceeds the lot size standard for gas sales. The subject site lot size will neither increase nor decrease with the expansion of one gasoline pumping station. Site Access. Access to the motor fueling stations are gained from two (2) points of entry from 57th Street Northeast. Larger vehicles with prohibitive turning radiuses gain access to the site from 57th Street Northeast and exit onto Frontage Avenue. According to the contextual site plan (Exhibit A), site circulation will not be compromised with the introduction of an additional fueling station and adequate space is provided to access fuel pumps and allow maneuverability around fuel pumps. The City Engineer makes the following findings related to site access: 1. The proposed expansion will not impact traffic entering or exiting from the easterly entrance. 2. The proposed expansion will not impact the easterly service drive. 3. The proposed expansion will not impact the existing easterly loading docks. Parking. Currently, the convenience store building provides seventeen (17) parking stalls for its . customers. The number of parking stalls will not be reduced with the expansion of the additional fueling station. The gas pump island will off two (2) automobile stacking spaces in addition to existing parking. The City Engineer makes the following findings related to site parking: 1. The proposed expansion will not impact the existing parking stalls. Surfacing. As indicated by the submitted site plan, the fueling station addition area is to be surfaced in concrete. This is an acceptable surfacing treatment. The City Engineer makes the following findings related to surfacing: 1. Presently, the location of the proposed improvements is a gently sloped paved surface. The improvements will not require any grade change. 2. The proposed improvements will not generate additional stormwater runoff and will not impact the existing drainage patterns. Fueling Stations. Applicant has not indicated fueling station island and canopy details in the submitted application materials. According to Ordinance, pump islands shall be elevated six inches (6") above the traveled surface of the site. The canopy shall not exceed eighteen feet . 66 . . . (18') in height and must provide a minimum of fourteen feet (14') of clearance to accommodate a semi trailer truck passing underneath. The canopy fascia shall not exceed three feet (3') in vertical height. Conditional use permit is conditional upon submittal of these details and review and approval by the City. Setbacks. The site plan indicates that the fuel station island setback is forty-five feet (45') from the north property line and the canopy setback measures thirty-five feet (35') from the north property line. According to Ordinance, all pump islands shall be set back at least thirty (30') feet back from any property line and the outer edge of any canopy shall be set back at least twenty feet (20') from any property lines. The submitted application materials meet setback standards. Lighting. Canopy lighting details have not been provided by the applicant. According to Ordinance, canopy lighting shall consist of canister spotlights recessed into the canopy and no portion of the light source or fixture may extend below the bottom face of the canopy. Applicant must submit canopy lighting details and site photometric demonstrating intensity on public streets not exceeding one foot-candle as measure from the right of way line of said street. Conditional use permit is conditional upon submittal of these details and review and approval by the City. ACTION REQUESTED The Zoning Ordinance establishes a standard for reviewing conditional use permits which may include the nature of the adjoining land or buildings, the effect upon traffic into and from the premises or on any adjoining roads, and all other or further factors as the City shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety. Following a public hearing, the Planning Commission may consider one of the following actions: Conditional Use Permit 1. Approval of the CUP, based on a finding that the proposed outdoor storage is consistent with the requirements of the zoning ordinance. 2. Denial of the CUP, based on a finding that the proposed location is inconsistent with the requirements of the zoning ordinance. STAFF RECOMMENDATION Planning staff recommends approval of the CUP. The fueling station addition appears to be consistent with the City's regulations relating to such areas. This recommendation would include the following conditions: 1. Fuel station island and canopy details are submitted by the applicant and subject to the approval of the City. 67 2. Canopy lighting details are submitted by the applicant and subject to the approval of the City. 3. Lighting photometric is submitted and subject to the approval by the City. 4. City Engineers comments are reviewed and addressed by the applicant. cc: Jon Sutherland Mark Kasma Mike Couri Coborn'sIncorporated 1445 East Highway 23 St. Cloud, MN 56304 68 . . . . CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-51 RESOLUTION APPROVING COBORN'S INCORPORATED CONDITIONAL USE PERMIT AND SITE AND BUILDING PLAN REVIEW FOR GAS SALES LOCATED AT 5398 LACENTRE AVENUE NE WITHIN THE CITY OF ALBERTVILLE WHEREAS, Cobom's Inc. has submitted an application for a conditional use permit and site and building plan review to add a fifth gasoline pumping station at their location of business at 5398 LaCentre Avenue within the City of Albertville. WHEREAS, City staff has reviewed submitted plans and prepared a planning report dated November 3, 2005; and WHEREAS, the Albertville Planning Commission met and held a public hearing on November 9,2005 to consider the Guimont conditional use permit application and site and building plan review; and . WHEREAS, upon review of the staff reports and hearing public testimony, the Planning Commission closed the public hearing and recommended that the City Council approve the conditional use permit and site and building plan review with the conditions outlined in the November 3, 2005 planning report with additional conditions recommended by the Planning Commission; and WHEREAS, the Albertville City Council has received the Cobom's Incorporated conditional use permit and site and building plan review application, staff review documents, and the Planning Commission recommendation, and agrees with the findings and recommendation of the Planning Commission. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the amended CUP for the proposed addition of a fifth pumping station subject to the attached Findings of Facts and Decisions. Findings of Fact: Based on review of the evidence received, the City Council now makes the following finding of fact and decision: A. The property is located at 5398 LaCentre Avenue. B. The planning report dated November 3, 2005 from Northwest Associated Consultants as well as the engineering report dated October 13,2005 from Bolton & . Menk were reviewed and presented to the Planning Commission. 69 C. The proposed use can be accommodated with existing public services and will not . overburden the City's service capacity. D. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. E. The requirements of the Albertville Zoning Ordinance have been reviewed In relation to the proposed use. F. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. G. The proposed use will be compatible with present and future land uses of the area. H. The proposed use conforms to applicable Zoning Ordinance performance standards and approved planned unit development standards. I. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the conditional use permit based on the most current plans dated September 27, 2005 and information received to date subject to the following conditions: . 1. Fuel station island and canopy details are submitted by the applicant and subject to the approval of the City. 2. Canopy lighting details are submitted by the applicant and subject to the approval of the City. 3. Lighting photometric is submitted and subject to the approval by the City. 4. City Engineers comments are reviewed and addressed by the applicant. Adopted by the Albertville City Council this 5th day of December, 2005. Donald Peterson, Mayor Bridget Miller, City Clerk . 70 . . . '1\ ElC:::>L ~ 8.. ~.e:1"J I< , Consulting Engineers. SUrveyors 1960Pt'erTWDrive · Mankoto. MN 56001-5900 Phone (507) 625-4171 · FAX (&)1) 625-4177 II'-JC:. ~( .ft1#'. c MEMORANDUM TO: The Honorable Mayor and City Council Mark D. Kasma, P.E., Albertville City Engineer Bolton & Menk, Inc. November 29, 2005 Project Status Update FROM: DATE: RE: The following is a brief project status update: 1. Outdoor Hockey/Skating Rink The finish grading of the disturbed turf areas, turf restoration and placement of the aggregate surface over the free skating rink have yet to be completed. The Contractor has stated that the aggregate surfacing and finish grading will be completed this week and that the turf restoration will be completed in the spring. 2. Towne Lakes 6th Addition The first lift of pavement has been placed on Linwood Drive and 68th Street N.E. and private utility work is expected to begin by the end of the month. Other than the private utility work, construction will be very limited through the winter and early spring months. 3. Hunter's Pass Estates Paving of the easterly roadways has been completed and the private utility work will begin by the end of the month. The Developer has indicated that minor grading operations will continue into the winter months. Two building permits for model homes have been released and construction of the two homes has begun. Start-up of the lift station will take place upon installation of the electrical service. 4. Municipal State Aid (MSA) Routes The Needs Review for the designated MSA roadways has been completed and submitted to the State. The City Council needs to pass the resolution included in this council packet to officially designate the routes. 71 . . . 70th Street NE Access Plan Mr. Larry Kruse,_City Administrator City of Albertville 5975 Main Avenue NE Albertville, MN 55301 Re: 70th Street Access Report Dear Mr. Kruse, Weare pleased to present the following scope of work, schedule, and fee estimate for the referenced work: Scope of Work Task Description 1) Data Collection Bolton & Menk will assemble available traffic data from prior studies. City ofOtsego data along with Albertville information will be assembled for inclusion in a summary report. Wright County will be contacted to provide information relative to expectations regarding development and access if70th Street is considered for jurisdictional change to a County Road_as described in the NE Wright county Sub-area Study. This effort will describe differences in perceptions and realities regarding existing, pending, and proposed development access. 2) Facilitate Meetings with County. Otsego. and Albertville Bolton & Menk will coordinate and facilitate two meetings between the three agencies. The first meeting will be to provide a forum for exchange of issues and policies regarding development and access along 70th Street. The second meeting will be to review study recommendations and to develop consensus between the three agencies. 3) RecommendationslMemorandum of Understanding Bolton & Menk will prepare a report with recommendations regarding cross-street locations and access along 70th Street NE between Kadler Avenue NE and MacIiver Avenue NE. This report will illustrate the existing, pending, and proposed cross-street locations for this roadway. The report will document issues identified at the meeting between the agencies and will recommend action to address the concerns. Bolton & Menk will prepare a Memorandum ofUnderstandin!tMOU. The MOU will clarify and document a common understanding of issues and the intent of each agency in addressing the issues. Specifically, this document will acknowledge the conditions along 70th Street and a process for roadway development in which the agencies can agree. The MOU process is suggested to help create a common vision that can be used to guide development decisions 73 and roadway improvement decisions. The draft MOU will be provided to all three agencies . for approval/acknowledgement by their respective officials. Proposed Fee We propose to complete the above listed tasks on an hourly basis with a not to exceed cost of $5,832. The following project table shows estimated staff hours and costs for each task. Budgeted Staff Hours 70th Street Access Report Task Senior Traffic Transportation Total Associate Specialist Planner 1) Data Collection 4 2 2) Facilitate Meetin~s 12 12 8 3) Recommendations 4 8 2 Hourly Rate $126.00 $114.00 $90.00 Total Estimated Staff Hours 16 24 12 Estimated Cost $2,016 $2,736 $1,080 $5,832 Thank you for the opportunity to provide these engineering services to the City of Albertville. . As always, please feel welcome to contact me if you have any questions. Sincerely, Bolton & Menk, Inc. Mark D. Kasma, P.E. Albertville City Engineer cc: Jon Huseby, P.E., Transportation Department Manager . 74 . . . CSAH 37 Access Plan Weare pleased to present the following scope of work, schedule, and fee estimate for the referenced work: Scope of Work Task Description 143) Current Conditions Analysis Bolton & Menk will collect traffic data and road condition information along CSAH 37. Wright County will be contacted to provide guidelines and recommendations regarding existing and future conditions for CSAH 37 in this area. A drawing will be made illustrating issues regarding the existing conditions and issues to consider as properties develop. ~) Facilitate Meetings between Wright County. Otsego. and Albertville Bolton & Menk will coordinate and facilitate a meeting with Wright County and the cities of Otsego and Albertville to discuss issues regarding potential development and access to properties along CSAH 37 between 1-94 and MacIver Avenue NEIMackenzie Avenue NE. It is recognized that all three agencies have vested interests in development along this roadway. The purpose of this meeting will be to share concerns and develop consensus on a short term and long term vision. It is recognized that two meetings may be necessary to exchange information, gather input, and to state concerns. Additional contact may be necessary with individual property owners to gather input and share information. This process may become necessary in order to consider all issues raised by affected interests. 314) RecommendationslMemorandum of Understanding Bolton & Menk will prepare a summary report with recommendations regarding development and access to the parcels along CSAH 37 between 1-94 and MacIver Avenue NE/Mackenzie Avenue NE. This report will document the issues identified at the meeting between the agencies and will recommend action to address the concerns. Bolton & Menk will prepare a Memorandum ofDnderstanding (MOD). The MOD will clarify and document a common understanding of issues and the intent of each agency in addressing the issues. Specifically, this document will acknowledge the conditions along CSAH 37 and a process for roadway development in which the agencies can agree. The MOD process is suggested to help create a common vision that can be used to guide development decisions and roadway improvement decisions. The draft MOD will be provided to all three agencies for approval/acknowledgement by their respective officials. 75 Proposed Fee We propose to complete the above listed tasks on an hourly basis with a not to exceed cost of . $5,988. The following project table shows estimated staff hours and costs for each task. Budgeted Staff Hours CSAH 37 Access Plan Task Senior Traffic Transportati Eng. Total Associat Speciali on Tech. e st Planner 1) Current Conditions 4 2 8 Analysis 2) Coordinate Meetings 10 10 3) Recommendations 4 12 2 4 Hourly Rate $126.00 $114.00 $90.00 $75.00 Total Estimated Staff 14 26 4 12 Hours Estimated Cost $1,764 $2,964 $360 $900 $5,988 Thank you for the opportunity to provide these engineering services to the City of Albertville. As always, please feel welcome to contact me if you have any questions. . cc: Jon Huseby, P.E., Transportation Department Manager . 76 . . . Hotel-Waterpark Traffic Study November 10, 2005 Mr. Larry Kruse, City Administrator City of Albertville 5975 Main Avenue NE Albertville, MN 55301 Re: Albertville Hotel/Waterpark Development Area Traffic Study Dear Mr. Kruse, Weare pleased to present the following scope of work, schedule, and fee estimate for the referenced study: Scope of Work Task Description 5) Data Collection Bolton & Menk will assemble available traffic data from prior studies, City, County, and MnDOT records. We will perform two 48-hour tube counts along La Beaux Avenue north ofI-94 and a PM peak hour turning movement count on La Beaux Avenue at the Albertville Mall Outlet Driveway. These data will be necessary to evaluate current conditions. 6) Hotel/Waterpark Site Traffic Analysis Bolton & Menk will perform site analysis to calculate the traffic generated by the proposed development. The traffic analysis will be consistent with ITE Trip Generation guidelines and will consider new trips, pass-by trips, and internal capture trips. The influences of the adjacent developments will be considered. The impacts will be evaluated to current conditions. 5) Estimate Build-out Traffic from Surrounding Properties Bolton & Menk will evaluate the adjacent undeveloped parcels for possible build- out conditions to estimate traffic generation surrounding the HoteVWaterpark development. This process will use acreage available for development and assign possible commercial uses. The traffic will be assigned to the road network planned for the area. The area profosed to evaluate include the parcels east of Kadler Avenue, south of 70 Street, along La Beaux Avenue, and north of 1-94. This data will be added to the 77 traffic calculated from 2) above, and compared to the traffic forecast for the . road network shown in the Northeast Wright County Sub-Area Transportation Study to estimate future traffic conditions on the road network in this area. 6) Recommendations Bolton & Menk will prepare a report with recommendations regarding impacts and future conditions in the proposed Albertville HotellWaterpark Development. Synchro/Sim Traffic (traffic modeling software) will be used to evaluate and demonstrate impacts of alternatives proposed for consideration. The report findings and recommendations, as well as a traffic modeling demonstration (La Beaux at Mall Drive), will be presented to the City Council. Proposed Fee We propose to complete the above listed tasks on an hourly basis with a not to exceed cost of $ 7,908. The following project table shows estimated staff hours and costs for each task. Budgeted Staff Hours Albertville Hotel/W aterpark Development Traffic Study Task Senior Traffic Transportation Eng. Total Associate Specialist Planner Tech. 1) Data Collection 4 2 12 2) Site Analvsis 12 8 3) Adiacent Parcel Analysis 12 16 4) Recommendations 4 8 2 Hourly Rate $126.00 $114.00 $90.00 $75.00 Total Estimated Staff Hours 4 36 20 20 Estimated Cost $504 $4,104 $1,800 $1,500 $7,908 . Thank you for the opportunity to provide these engineering services to the City of Albertville. As always, please feel welcome to contact me if you have any questions. Sincerely, Bolton & Menk, Inc. Mark D. Kasma, P.E. Albertville City Engineer cc: Jon Huseby P.E., Transportation Department Manager . 78 . . . CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-57 RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Albertville that the streets hereinafter described should be designated Municipal State Aid Streets under the provisions of Minnesota Law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Albertville that the roads described as follows, to-wit: . 50th Street NE - LaBeaux Avenue NE (CSAH 19) to Main Avenue NE . 51 st Street NE - LaBeaux Avenue NE (CSAH 19) to Marlowe Avenue NE . 53rd Street NE - LaBeaux Avenue NE (CSAH 19) to Main Avenue NE . 52nd Street NE - Barthel Industrial Drive to Marlowe Avenue NE . 55th Street NE - Main Avenue NE to Barthel Industrial Drive NE . 57th Street NE- LaBeaux Avenue NE (CSAH 19) to Barthel Industrial Drive NE . 55th Street NE - LaBeaux Avenue NE (CSAH 19) to LaCentre Avenue NE . 60th Street NE - CSAH 37 to Main Avenue NE . 59th Street NE - Main Avenue NE to Barthel Industrial Drive . LaCentre Avenue NE - 50th Street NE to 57th Street NE . Lambert Avenue NE - 50th Street NE to 51 st Street NE . Main Avenue NE - 50th Street NE to CSAH 37 . Barthel Industrial Drive NE - 51 st Street NE to 59th Street NE . Marlowe Avenue NE - 51 st Street NE to 52nd Street NE . Lander Avenue NE - 60th Street NE to CSAH 37 . Large Avenue NE- 59th Street NE to CSAH 37 Be, and hereby are established, located, and designated as Municipal State Aid Streets of said Albertville, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for her consideration, and that upon her approval of the designation of said roads or portion thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Albertville. ADOPTED ,20_. 79 CERTIFICATION I hereby certify that the above is true and correct copy of a Resolution duly passed, adopted and approved by the City Council of the City of Albertville on , 20_" City of Albertville (SEAL) City Clerk 80 . . . . . . DRAFT DATED December 1, 2005 CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT T-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 ofWrigh~ State ofMinneso~ 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 part of property proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreemen~ is intended to bear the name ''T -Square Business Park." The property described on Exhibit A shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Robert and Christine Heuring are the owners of additional property within the T-Square Business Park and have executed a companion but separate Developer's Agreement covering Lot 2, Block 1 and Outlot A in T -Square Business Park; and WHEREAS, T -Square Business Park has received final plat approval for 3 lots; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning Said Plat and the conditions imposed thereon; and WHEREAS, the City has given final approval of Said Plat contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain on- and off-site improvements be installed by the Developer within Said Plat, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lots, drainage swales, berming, street signs~ street lights, street cleanup during project development, erosion control, and other site-related items; and NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Assienment of Prior Development Agreement Obligations. A. Developer acknowledges that Said Plat is part of a Developer's Agreement titled " " between the City and Robert and Christine Heuring dated 81 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 Agreement, but only to the extent that such agreement pertains to that property which is contained within Said Plat. B. It is the intent of the parties that this Developer's Agreement supplement the Prior Development Agreement as to the specific development issues related to T -Square Business Park, and that these two documents be read together to determine the rights and obligations of the parties with respect to the property contained within the T -Square Business Park. In the event of a conflict between the terms of the Prior Development Agreement and this Developer's Agreement, the terms of this Developer's Agreement shall control with respect to any conflicting issues within T -Square Business Park, but any such conflicts shall not alter the terms of the Prior Development Agreement as they apply to other plats, now existing or to be platted in the future, within the remaining land area subject to the Prior Development Agreement. 2. 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 set out 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 1, 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 Said Plat 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. . 82 . . . 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 T -Square Business Park. 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. 3. 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, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. All yard areas shall be sodded with grass or landscaped in accordance with the attached Landscaping Plan. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. 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. B. The Developer shall, at its own expense, cause 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 3A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case a certificate of occupancy may be issued if all on- and off-site improvements except landscaping and sod have been installed. In such cases, the Developer shall cause the required 83 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, 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 5. Surety Release. A. Periodically, as payments are made by the Developer for the completion of landscaping 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 . 84 . . . processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: 1. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. 11. 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 Said Plat, 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 Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. 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 Said Plat, 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 Said Plat without objection. 85 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 said Plat. There are 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 under this Agreement is $ ($ in sewer fees calculated as $1,400.00 x $ in water fees calculated as $1,200.00 x . acres and 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 Cleanin~. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Said Plat 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 Dama~ed or Cluttered Durin~ Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. 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 Said Plat. 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 Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat 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 . 86 . . . within thirty (30) days, then the City may specially assess such costs against the lots within Said Platandlor 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. 12. Temporary Easement Rights. Developer shall provide access to Said Plat at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 13. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. Ifbuilding permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. 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 under 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 1,2, 7, 9, 12, 13, 15, 17, 18, 19,20,21,22,23,24 and 25 of this Agreement. F. The Developer represents to the City that Said Plat 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 Said Plat does not comply, the City may, at its option, refuse to 87 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 Said Plat, Developer shall provide the City with evidence of good and marketable title to all of Said Plat. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. I. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots located within Said Plat 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 Said Plat. 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 1 DO-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. . K. Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer, Wright County and/or the State of Minnesota 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, 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 . 88 . . . obligation. The form of said irrevocable letter of credit 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. 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 Said Plat pursuant to the terms of this agreement. Notwithstanding the 30-day notice 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 15 of this Agreement shall not apply to any acts or rights of the City under paragraph 14, 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 Said Plat, 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, 89 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. B. Park Dedication. The Developer is required to pay a cash contribution of $ in satisfaction of the City's park and trail dedication requirements for Said Plat. This charge is calculated as follows: acres x $7,500.00 per acre = $ 17. Phased Development. Approval of this phase of Said Plat shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 18. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from the . approval and development of Said Plat. 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. Assi3Dment of Contract. The obligations of the Developer under this Contract can be assigned by the Developer. However, the Developer shall not be released from its obligations under this contract without the express written consent of the City Council through Council resolution. 20. Limited Approval Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 21. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all . 90 . . . 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. 22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 23. Integration Clause. Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement( s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 24. Allocation of Special Assessments. Developer acknowledges that there are currently $ of special assessments levied against all properties which comprise T -Square Business Park. Developer consents to and hereby requests that the City reallocate said special assessments among the properties in T -Square Business Park as follows: Lot 1, Block 1 Lot 2, Block 1 Outlot A $ $ $0.00 Developer further waives its right under Minn. Stat. ~ 429.0_ to a public hearing for the reallocation of said special assessments, and also waives the right to appeal said reallocation of said special assessments to District Court pursuant to Minn. Stat. 429.081 (as well as pursuant to any other right of appeal which may exist), provided said reallocation is consistent with the amounts and lot allocations set forth in this paragraph. 25. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Nelson Building & Development, Inc. STREET CITY, STATE ZIP PHONE 91 26. Agreement Effect This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk 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 ) 92 . . . . . . The foregoing instrument was acknowledged before me this day of , 2005, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2005, by , as of Nelson Building & Development, Inc. Notary Public DRAFfED BY: Couri, MacArthur & Ruppe Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497-1930 93 EXHmIT A TO DEVELOPER'S AGREEMENT The legal description of Said Plat to which this Developer's Agreement applies is as follows: Lot 1, Block 1 All said property is located in T-Square Business Park, City of Albertville, County of Wright, Minnesota. 94 . . . . EXHmIT B Site Plan EXHmIT C Landscaping Plan EXHmIT D Sanitary Sewer, Water Main, and Storm Sewer Plan EXHmIT E Grading Plan . . 95 . DRAFT DATED December 1,2005 CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT T-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 part of property proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "T -Square Business Park." The property described on Exhibit A shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Nelson Building & Development, Inc. is the owner of additional property within the T -Square Business Park and has executed a companion but separate Developer's . Agreement covering Lot 1, Block 1 in T -Square Business Park; and WHEREAS, T -Square Business Park has received final plat approval for 3 lots; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning Said Plat and the conditions imposed thereon; and WHEREAS, the City has given final approval of Said Plat contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain on- and off-site improvements be installed by the Developer within Said Plat, which improvements consist of boulevards, top soil and sod, grading control per lot, bitwninous 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: 1. Assignment of Prior Development Aereement Obligations. . C. Developer acknowledges that Said Plat is part of a Developer's Agreement titled " " between the City and Robert and Christine Heuring dated 97 and recorded as document number in the office of the Wright County Recorder's Office ("Prior Development Agreement"). . D. It is the intent of the parties that this Developer's Agreement supplement the Prior Development Agreement as to the specific development issues related to T -Square Business Park, and that these two documents be read together to determine the rights and obligations of the parties with respect to the property contained within the T -Square Business Park. In the event of a conflict between the terms of the Prior Development Agreement and this Developer's Agreement, the terms of this Developer's Agreement shall control with respect to any conflicting issues within T -Square Business Park, but any such conflicts shall not alter the terms of the Prior Development Agreement as they apply to other plats, now existing or to be platted in the future, within the remaining land area subject to the Prior Development Agreement. 2. Use of Property. Developer agrees that the property on Said Plat shall comply with the following terms: K. All grading, drainage, utility, wetland mitigation, and transportation issues that arise during development of Said Plat shall be subject to review and approval by the City Engineer. L. 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 I and 2, Block I in T -Square Business Park. . M. Signs of any size or material shall be prohibited from placement in windows of any and all buildings constructed within Said Plat. N. Any ground, building or pylon signage on Said Plat must comply with the City's sign ordinance and be approved by the City Council. 3. 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, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. All yard areas shall be sodded with grass or landscaped in accordance with the attached Landscaping Plan. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. 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 lot for Lot 2 may be constructed when a building is constructed on such lot. . 98 . . . B. The Developer shall, at its own expense, cause street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Developer shall abide by the City Engineer's requirements for silt fencing of the lots and access to the lots during building construction. D. Notwithstanding the requirements of subparagraph 3A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case a certificate of occupancy may be issued if all on- and off-site improvements except landscaping and sod have been installed. In such cases, the Developer shall cause the required landscaping and sod to be installed by the first June 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 $5,000.00. Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off-site improvements, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the 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 99 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 5. Surety Release. A. Periodically, as payments are made by the Developer for the completion of landscaping 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. 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. . D. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 6. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the said Plat, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground-cover to prevent continuing soil erosion from Said Plat, 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 Said Plat to the point where undeveloped grounds are level and covered with pennanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing . 100 . . . of Said Plat. 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 Said Plat, 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 Said Plat 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 said Plat. There are 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 under this Agreement is $ ($ in sewer fees calculated as $1,400.00 x $ in water fees calculated as $1,200.00 x acres and acres). 9. Erosion and Siltation Control Before any grading is started on any site, all erosion control measures must be approved by the City Engineer. 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 Said Plat may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 11. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems 101 and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. . 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 Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat 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 Said Plat 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. 12. Temporary Easement Ripts. Developer shall provide access to Said Plat at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. . 13. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. Ifbuilding permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. . 102 . 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 under 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 1,2, 7, 9, 12, 13, 15, 17, 18, 19,20,21,22,23,24 and 25 of this Agreement. F. The Developer represents to the City that Said Plat 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 detennines that Said Plat 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 Said Plat, Developer shall provide the City with evidence of good and marketable title to all of Said Plat. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. . H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. I. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots located within Said Plat 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 Said Plat. 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 l00-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of pennanent 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. . 103 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. Ifa 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 said irrevocable letter of credit 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. 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 Said Plat pursuant to the terms of this agreement. Notwithstanding the 30-day notice 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 15 of this Agreement shall not apply to any acts or rights of the City under paragraph 14, 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 . 104 . . . 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 Said Plat, 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. B. Park Dedication. The Developer is required to pay a cash contribution of $ in satisfaction of the City's park and trail dedication requirements for Said Plat. This charge is calculated as follows: acres x $7,500.00 per acre = $ 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 Said Plat shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 18. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from the approval and development of Said Plat. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur 105 in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. . 19. Assignment of Contract. The obligations of the Developer under this Contract can be assigned by the Developer. However, the Developer shall not be released from its obligations under this contract without the express written consent of the City Council through Council resolution. 20. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 21. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's 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. 22. Plans Attached as Exhibits. . All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 23. Integration Clause. Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 24. Allocation of Special Assessments. Developer acknowledges that there are currently $ of special assessments levied against all properties which comprise T -Square Business Park. Developer consents to and hereby requests that the City reallocate said special assessments among the properties in T -Square Business Park as follows: Lot 1, Block 1 Lot 2, Block 1 Outlot A $ $ $0.00 . 106 . . . 25. 26. Developer further waives its right under Minn. Stat. ~ 429.0_ to a public hearing for the reallocation of said special assessments, and also waives the right to appeal said reallocation of said special assessments to District Court pursuant to Minn. Stat. 429.081 (as well as pursuant to any other right of appeal which may exist), provided said reallocation is consistent with the amounts and lot allocations set forth in this paragraph. 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,~ 55301 Telephone: (763) 497-3384 Robert and Christine Heuring STREET CITY, STATE ZIP PHONE AlP"eement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk NELSON DEVELOPMENT INC. By Its 107 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) . The foregoing instrument was acknowledged before me this day of ,2005, by Donald Peterson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2005, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota . municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this , 2005, by Robert Heuring. day of Notary Public . 108 . . . STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this , 2005, by Christine Heuring. Notary Public DRAFfED BY: Couri, MacArthur & Ruppe Law Office P.O. Box 369 705 Central Avenue East S1. Michael, MN 55376 763 497-1930 day of 109 EXHmIT A TO DEVELOPER'S AGREEMENT The legal description of Said Plat to which this Developer's Agreement applies is as follows: Lot 2, Block 1 Outlot A All said property is located in T-Square Business Park, City of Albertville, County of Wright, Minnesota. 110 - . . . . . . CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2005-09 AN ORDINANCE MODIFYING CITY CODE SECTIONS 9-1-2-1, 9-1-2-2, 9-5-4 and 10-1-3 THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS AS FOLLOWS: Section 1. Intent. It is the intent of this Ordinance to amend the City of Albertville City Code to reflect the increasing costs for the City associated with providing water access, sanitary sewer access, connection charges and inspecting improvements for new residential developments. Section 2. 9-1-2-1 Water Trunk Access Charge: The City hereby modifies Albertville City Code Section 9-1-2-1 Paragraph D to read as follows: D. Amount Of Charge: The municipal water trunk access charge shall be one thousand four hundred dollars ($1,400.00) per gross acre of land, which is subdivided or connected to the water system. Section 3. 9-1-2-2 Sanitary Sewer Trunk Access Charge: The City hereby modifies Albertville City Code Section 9-1-2-2 Paragraph D to read as follows: D. Amount Of Charge: The sanitary sewer trunk access charge shall be one thousand six hundred dollars ($1,600.00) per gross acre of land, which is subdivided or connected to the sewer system. Section 4. 9-5-4 Storm Sewer Trunk Access Charge: The City hereby modifies Albertville City Code Section 9-5-4 Paragraph B to read as follows: B. Charge Established: No person shall, directly or indirectly, discharge, drain, runoff, place or deposit, or permit the discharging, draining, running off, placing or depositing of storm or surface waters from his parcel of land on which new construction is to be erected into the municipal storm sewer system, including mains, holding areas and ponds, and other appurtenances and related facilities used for the collection and disposal of storm water or surface water, without first paying a storm water utility connection charge (the short title of such connection charge shall be "SWCON") at the time the building permit is issued. The amount of the SWCON shall, for each parcel of land subject thereto, be calculated as follows: 1. Single Family Residential new construction: $500.00 per unit. 2. Multiple Family Residential new construction: $400.00 per unit. 111 3. All other properties new construction: $1,500.00 per gross acre. . Section 5. 10-1-3 Improvements or Escrow for New Residential Construction: The City hereby modifies Albertville City Code Section 10-1-3 Paragraph E to read as follows: E. Fee Amounts: 1. Fees are as follows: Escrow fees: Fee per tree Fee for sod Fee for administration of escrow $250.00 $2,500.00 $100.00 Additional fees on building permit or as assigned: Review fee, engineer does survey Review fee, engineer reviews survey Second review as built survey review Reinspection fee Resurvey fee Landscape reinspection fee $275.00 $150.00 $100.00 $50.00 $200.00 $25.00 . 2. Fees to be escrowed are fees for sod, trees and administration of escrow. 3. Compliance fees and reinspection fees are due with the permit. Section 6. 4-1-6: Liquor License Fees: The City hereby modifies Albertville City Code Section 4-1-6 Paragraph A to read as follows: A. Fees Established: The annual fees for liquor licenses shall be as follows: 1. Intoxicating liquor on sale license: Three thousand three hundred dollars ($3,300.00). 2. Temporary intoxicating liquor on sale license: Two hundred twenty dollars ($220.00) per day. 3.3.2 percent malt liquor on sale license: One hundred dollars ($100.00). 4. Temporary 3.2 percent malt liquor on sale license: Ten dollars ($10.00) per day. 5. Special Sunday intoxicating liquor on sale license: Two hundred twenty dollars ($220.00). . 112 . . . 6. Intoxicating liquor off sale license: Two hundred twenty dollars ($220.00) if the license holder does not have a concurrent on sale intoxicating liquor license; no additional fee for an intoxicating liquor off sale license if the license holder has a concurrent on sale intoxicating liquor license. 7.3.2 percent malt liquor off sale license: One hundred dollars ($100.00). 8. On sale wine license: One hundred ten dollars ($110.00). Section 7. 11-2-7: Fees, Charges and Expenses. The City hereby modifies Albertville City Code Section 11-2-7 Paragraph A.5. to read as follows: 5. Park dedication fees in lieu ofland: Residential Development (see subsection 11-7-8-2B of this Title) $2,650 per residential unit Commercial development (see subsection 11-7-8-2C of this title) $7,500 per acre subdivided Industrial development $2,500 per acre subdivided (see subsection 11-7-8-2C of this title) Section 8. 11-2-7: Fees, Charges and Expenses. The City hereby modifies Albertville City Code Section 11-2-7 Paragraph A. 7. to read as follows: 7. Administrative fee: Prior to the release of a final plat, the applicant shall pay an administrative fee equal to four percent (4%) of the cost of all municipal improvements installed in or on the plat as required by this title. Municipal improvements shall include streets, curb, gutter, sidewalk, sanitary sewer, storm sewer, water main, storm water ponding and other such items, which will be dedicated to the city after their installation. This administrative fee shall be in addition to out of pocket costs incurred by the city such as engineering, planning and attorney fees. The city may, from time to time by resolution, change the amount of the administrative fee set out herein. Section 9. 10-2-3: PERMITS AND FEES. The City hereby modifies Albertville City Code Section 10-2-3 Paragraphs B.9., B.12., B.13., and B.14 to read as follows: 9. Mechanical (new residence) $150.00 12. Fireplace (existing residence) $25.00 113 13. Plumbing (existing residence) $25.00 14. Mechanical (existing residence) $25.00 Section 10. Separability. It is hereby declared to be the intention that the several provisions of this ordinance are separable in accordance with the following: if any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. Section 11. Effective Date. This ordinance shall take effect from and after its passage and publication. PASSED by the City Council of the City of Albertville this 5th day of December, 2005. CITY OF ALBERTVILLE Don Peterson, Mayor Bridget Miller, City Clerk 114 . . . ~ · ~~~t!!ill€ MEMORANDUM Date: November 30, 2005 To: City Council From: Larry R. Kruse, City Administrator Re: General Update 1. ARENA: Walls are up and the roof will be installed the first week of December. The Contractor's goal is to achieve substantial completion by year-end. Enclosed in your packet is the Architect's report for your review. Things are going well! . 2. CITY HALL: Contracts have been signed, the garages removed and tree trunks grubbed out. Staff is seeking a cost from Xcel to upgrade the street lighting along Main Avenue. A cost estimate will be forthcoming. 3. KEN LINDSAY RETIREMENT: Ken has signed the Memorandum of Understanding memorializing our exit agreement. Weare advertising and expect to get a significant amount of interest in the position. 4. EULL CONCRETE PROPERTY: Staff continues to work with the developer and our TIF consultant to structure a project for a 20,000 square foot office building. More information will be forthcoming. 5. SPECIAL PRIMARY AND GENERAL ELECTION: Bridget Miller did a good job of managing the special elections. Voter turnout was very low with 264 votes out of a total of 3253 eligible voters. Del Hag 22 Amy Koch 164 John Deitering 78 Total 264 . 6. CITY OF OTSEGO INFORMATIONAL MEETING ON 1-94 The meeting is scheduled for 7:00 p.m., December 15th at Otsego City Hall. S.E.H. will be putting together and presenting overview information and having a discussion about how we 115 arrived at where we are today. Following this meeting, attendees can view traffic modeling ._ in more detail if they wish. 7. EDINA DEVELOPMENT: Staffwill be presenting a settlement offer for Council consideration on Monday. We will ask that the Council close the meeting to discuss a possible settlement which staff negotiated. 8. ALBERTVILLE TRUTH IN TAXATION HEARING: The Truth-In-Taxation Public Hearing is scheduled for Monday at 6:30 p.m. prior to the Council meeting. Please bring your Proposed Property Tax Statements for 2006 as sent out by Wright County. My tax statement showed a $2.7% increase in Albertville's levy and this includes a $25,000 increase in the value of my home. Indications are that the City of Albertville shows a very modest increase in light that we built the Public Works Building; are building a new City Hall, and includes a $100,000 for the 1-94 project. I do not anticipate a significant number of residents attending. As expected, the majority of any increases are the result of the School referendum. Call if you have any questions. 116 . .