2005-12-19 CC Packet
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ALBERTVILLE CITY COUNCIL
AGENDA
December 19, 2005
7:00 PM
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER - ROLL CALL - ADOPT AGENDA
3. MINUTES
a. December 5,2005 Truth In Taxation Minutes (pg. 3)
b. December 5,2005 City Council Minutes (pgs. 5-15)
4. CITIZEN FORUM - (10 Minute Limit)
5. CONSENT AGENDA
a. Approve payment of claims check numbers 22222 to 22298 (pgs. 17-23)
b. Authorize payment of all just claims received by December 31, 2005 (year-end
closeout)
c. Approve SEH's recommendation for Application for Payment No.7 (Final) for
2002 Frontage Avenue Improvements (LaBeaux Avenue) to Rolstad Construction,
Inc. in the amount of$33,184.59 (pg. 25)
d. Approve SEH's recommendation for Application for Payment No.7 for
Wastewater Treatment Plant Expansion to Gridor Construction, Inc. in the amount
of$592,012
e. Approve Resolution No. 2005-61 entitled (A Resolution Reallocating the
Assessment for CSAH 19/37 Intersection Realignment) (pg. 27)
f. Approve S.E.H.'s recommendation to reduce the Letter of Credit for Albertville
Dental Addition from $61,383 to no less than $5,000 (pg. 29)
g. Accept Letter from Cobom's for Extension of Proposed Gas Pump Addition and
grant the requested extension. (pgs.31-32)
h. Approve Resolution No. 2005-62 (Approve Closing Funds) (pg. 35)
i. Approve Resolution No. 2005-63 (Transfer General Funds) (pg. 37)
j. Approve Resolution No. 2005-64 (WAC Funds) (pg. 39)
k. Approve Resolution No. 2005-65 (Designator Park 1 Funds) (pg. 41)
I. Approve Resolution No. 2005-66 (Transfer General Funds) (pg. 43)
m. Approve Resolution No. 2005-67 (Approving Revising Designation of CSAH 18)
(pgs. 45-46)
6. ACTION ON PULLED CONSENT ITEMS
7. DEPARTMENT BUSINESS .
Public Works Department (presented at meeting)
a.
b. Planning Department
1). Albertville - The Shoppes at Towne Lakes II (pgs. 47-66)
2). Zoning Fees - Ordinance No. 2005-08 (pgs. 67-68)
c. Engineering
1). Project Status Update (pg. 69)
d. Legal
e. Administration
1). Written Report (pg. 71)
2). Knecht! Right-of-Way (Survey & Plat) (pgs. 73-76)
3). Prairie Run Discussion
8. ADJOURNMENT
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ALBERTVILLE CITY COUNCIL
December 5, 2005
Albertville City Hall
7:00 PM
PRESENT: Mayor Don Peterson, Council members Ron Klecker, Tom Fay, John Vetsch, and
LeRoy Berning, City Administrator Larry Kruse, Finance Director Tina Lannes, and City Clerk
Bridget Miller
Mayor Peterson called the Albertville City Council meeting to order at 7:00 p.m. followed by the
Pledge of Allegiance.
TRUTH-IN-TAXATION
City Administrator Kruse recommended having Finance Director Lannes go over some of the
handouts presented.
Finance Director Lannes stated the handouts are similar to what was presented at a Budget
meeting held in August. The figures are more accurate in comparison to the ones presented in
August. As you can see there is not much change from August, the city's portion is a minimal
amount to the overall increase to your property tax.
ADJOURNMENT
MOTION BY Council member Klecker, seconded by Council member Berning to adjourn at
6:45 p.m. Motion carried unanimously.
Don Peterson, Mayor
Bridget Miller, City Clerk
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ALBERTVILLE CITY COUNCIL
December 5, 2005
Albertville City Hall
7:00 PM
PRESENT: Mayor Don Peterson, Council members Ron Klecker, Tom Fay, John Vetsch, and
LeRoy Berning, City Attorney Mike Couri, City Planner Al Brixius, City Engineer Mark Kasma,
City Administrator Larry Kruse, and City Clerk Bridget Miller
Mayor Peterson called the Albertville City Council meeting to order at 7:00 p.m. followed by the
Pledge of Allegiance.
ADOPT AGENDA
MOTION BY Council member Klecker, seconded by Council member Berning to approve the
agenda as amended and on file in the office of the City Clerk. Motion carried unanimously.
MINUTES
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
November 21,2005 regular City Council minutes as amended, November 2,2005 Joint City of
Albertville and City of Otsego minutes, November 30, 2005 Special City Council minutes and
November 30,2005 EDA 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.
Chuck Christian, owner of duplex on Main Avenue, approached the Council asking if they would
consider allowing him to make the duplex into a single-family dwelling.
City Planner Brixius stated that as the dwelling are non-conforming at the present and this could
be processed as a Conditional Use Permit. The Park Dedication fees on the property would be at
the new rate of $3,000 based on a single residential lot.
Council directed staff to work with Mr. Christian to come up with a site and building plan to
present at a future meeting.
CONSENT AGENDA
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
consent agenda pulling check numbers 022166, 022208, 022169 and 022175 along with items g
and k. Motion carried unanimously.
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3. Approve payment of claims check numbers 022160-022211 .
b. Approve Resolution No. 2005-53 (A Resolution Establishing 2006 Holidays
Schedule)
c. Approve Resolution No. 2005-54 (A Resolution Adopting the 2006 Final Budget)
d. Approve Resolution No. 2005-55 (A Resolution adopting the 2006 Final Levy)
e. Approve S.E.H.'s recommendation for Application for Payment No. 11 (Final) for
Public Works Building to Ebert Construction, Inc. in the amount of$28,105.47
f. (pg)
g. Approve S.E.H's recommendation for payment to French Lake for CSAH 19
Pedestrian Ramps at a cost of $4,505
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
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
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
l. 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
B. 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
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
p. AJ'prove 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
ACTION ON PULLED CONSENT ITEMS
Check Number 022166 and 022208
Council noted a payment made to Aramark Uniform Services on a monthly basis, is this for a
laundry service. If so, could the employees clean the uniforms themselves?
City Administrator Kruse and Finance Director Lannes confirmed it is a monthly charge for the
maintenance and laundry of the PW Maintenance and WWTF employees' uniforms.
PW Supervisor Guimont added that it also includes cleaning of rugs or runners located at the
various buildings and other cleaning supplies.
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Check Number 022208 was for shirts for a new Firefighter.
MOTION BY Council member Klecker, seconded by Council member Fay to approve check
numbers 022166 and 022208. Motion carried unanimously.
Check Number 022169 and 022175
Council asked for more details as to why we are paying Burlington Northern $1,500.
City Administrator Kruse informed the Council this is for the Space Alien's location and digging
near the railroad. Space Alien's has paid the amount to the City, so it would be considered a
wash of the funds.
Council questioned what check number 022175 was for.
City Administrator Kruse reported this was for the new City Hall site to go over details of the
interior mechanics.
MOTION BY Council member Berning, seconded by Council member Klecker to approve
check numbers 022169 and 022175. Motion carried unanimously.
Item G. Aoorove S.E.H's recommendation for oavment to French Lake for CSAH 19 Pedestrian
Ramos at a cost of $4.505
Council understood there was a bid for the CSAH 19 Pedestrian Ramps, so there should not be
additional costs.
City Administrator Kruse stated this was above and beyond the original bid.
Mayor Peterson asked for a motion to approve Item G. There was no motion; therefore Item G.
was not approved.
Item K. Aoorove PaYment to Bonestroo in the amount of $2.260 for consultinl! work oertaininl!
to the emerl!encv l!enerator for City Hall with funds cominl! out of the SAC fund
Council wanted more information on the payment to Bonestroo.
City Administrator Kruse reported this was not in the scope of the City Hall. Council member
Fay and myself reviewed the proposal.
MOTION BY Council member Berning, seconded by Council member Fay to 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. Motion carried unanimously.
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DEPARTMENT BUSINESS .
FINANCE DEPARTMENT
Accounts Receivable Uodate
Finance Director Lannes reported the total accounts receivable outstanding through November
29,2005 is $590,004.36. Of this 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
161 st 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 ifplans go accordingly.
Edina Development bills are $315,038.51 or 53% of the total outstanding receivables.
Council asked why there appears to be the outstanding billings.
Finance Director Lannes replied stating we require an escrow at the initial stage of an
application. Once we have a Developer's Agreement in place is when the City asks for the funds
upfront.
Proiect Status Uodate
Finance Director Lannes touched briefly on the status of the projects within Albertville in
regards to the amount spent.
Resolution No. 2005-56 entitled (Resolution settinl! Fees and Miscellaneous Items) .
Finance Director Lannes reported there are various fees with changes noted. There are some that
may be doubled up as they are also on the Ordinance, which City Attorney Couri has prepared.
MOTION BY Council member Klecker, seconded by Council member Berning to approve
Resolution No. 2005-56 entitled (Resolution setting Fees and Miscellaneous Items). Motion
carried unanimously.
PLANNING DEPARTMENT
Tim Guimont - Resolution No. 2005-52 entitled (Findinl! of Facts for Guimont Attached Garal!e)
- Conditional Use Permit - Two Accessorv Buildinl!s. Accessorv Buildinl! Floor Soace
Exceedinl! 1.150 SQuare feet
City Planner Brixius reported that 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-IA: 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 ofthe 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 as storage space.
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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.
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.
MOTION BY Council member Fay, seconded by Council member Klecker to approve
Resolution No. 2005-52 entitled A Resolution Approving the Finding of Facts for Guimont
Attached Garage (Conditional Use Permit) within the City of Albertville as presented and on file
in the office of the City Clerk. Motion carried unanimously.
Little Dukes/Cobom's - Resolution No. 2005-51 (Findinl!s of Facts for Cobom's-Little Dukes
Additional Gas PUffin) - Conditional Use Permit - Gas Sales
City Planner Brixius reported that Cobom'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 NE.
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.
City Planner Brixius concluded stating that the Planning and Zoning Commission recommends
approval ofthe CUP. The fueling station addition appears to be consistent with the City's
regulations relating to such areas.
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This recommendation would include the following conditions:
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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.
Council asked the applicant if this would help with some of the congestion on the site.
The applicant anticipates it would ease some of the congestion on the site.
Council then questioned the drive lane going around the rear of the building and if adding the
pump would interfere with deliver trucks.
City Planner Brixius felt there was plenty of room for a vehicle to get through.
Council had concerns with the delivery trucks for the Coborn's Liquor Store that would park at .
the end near the drive lane that goes around the rear.
MOTION BY Council member Berning, seconded by Council member Fay to continue the
Resolution No. 2005-51 entitled A Resolution Approving the Findings of Facts for Coborn's-
Little Dukes Additional Gas Pump - Conditional Use Permit - Gas Sales within the City of
Albertville to the December 19, 2005 City Council meeting. Motion carried unanimously.
Council directed staff to issue a letter noting the 120-day ruling.
ENGINEERING
Bolton and Menk. Inc. Proiect Status Uodate
City Engineer Kasma gave a brief update on the grading of the disturbed turf areas at the
Outdoor Hockey/Skating Rink. Kasma reported that the first lift of pavement has been placed on
Linwood Drive NE and 68th Street NE in the Towne Lakes 6th Addition. Kasma went on to state
that paving of the easterly roadways has been completed and the private utility work will begin
by the end ofthe month.
70th Street NE Access Plan
City Engineer Kasma informed the Council that the scope of work, schedule and fee estimate for
the 70th Street NE Access Report was included in the packet. Kasma went on to note that the
City of Otsego date along with Albertville information will be assembled for inclusion in a
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summer report. The report will include recommendations regarding cross-street locations and
access along 70th Street NE between Kadler Avenue NE and MacIver Avenue NE.
City Engineer Kasma brought up the County has their proposed guidelines or recommends the
access onto 70th Street NE be located every 12 a mile.
Council was under the impression Albertville had a plan together from the NW Transportation
Study Plan. Council would like to see Albertville presenting our proposed plan to Wright
County.
It was the consensus of the Council to proceed with our plan and agree to disagree with the City
ofOtsego's plan for 70th Street NE access plan.
CSAH 37 Access Plan
City Engineer Kasma began with the fact that Bolton & Menk, Inc. will collect traffic date and
road condition on CSAH 37. From there Wright County will be contacted to provide guidelines
and recommendations regarding existing and future conditions for CSAH 37.
A meeting with Wright County, City of Albertville and City of Otsego will be coordinated and
facilitated to discuss issues regarding potential development and access to properties along
CSAH 37 between 1-94 and MacIver Avenue NE or MacKenzie Avenue NE within Albertville.
Council asked to research how we get access to the Zachman property, which was annexed, into
the City of Albertville. Council noted that not only would we have to work with Otsego, but the
City of St. Michael as well.
City Administrator Kruse brought to the Council's attention that the Moratorium on 1-94 expires
the end of December 2005.
MOTION BY Council member Vetsch, seconded by Council member Klecker to approve
Bolton & Menk to 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 at a cost not to exceed $5,988. Motion carried unanimously.
Hotel- Watemark Traffic Studv
City Engineer Kasma reported that Bolton & Menk, Inc. would assemble the available traffic
data from prior studies, City, County, and MnDOT records. An analysis to calculate the traffic
generated by the proposed development and evaluates the adjacent undeveloped parcels for
possible build out conditions to estimate the traffic generation surrounding the Hotel/Waterpark
development.
Bolton & Menk will then prepare a report with recommendations regarding impacts and future
conditions in the proposed development.
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Council directed staffto prepare a model of how the traffic will flow through the area. Should .
the Hotel/Waterpark goes forward and is constructed - how will the area be affected.
Council asked staff if the owner's of the Albertville Mall have been contacted.
City Attorney Couri reported that staff has kept in contact with the Corporate Headquarter
Attorney for the Albertville Mall. There is no progress that comes from the discussion between
Albertville staff and the mall Attorney. The Corporate Headquarters does not care for the bypass
traffic to connect a road to Welcome Furniture site.
Council asked the question of who would pay for the construction should the Hotel/W aterpark
continue with the development process.
City Attorney Couri replied stating that we would not know who would pay for the construction
at this point. That is something we would have to figure out once we see the report on the traffic
numbers at that point we would put together a report on who would be assessed and what amount
they would be assessed.
MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Bolton &
Menk will prepare a report with recommendations regarding impacts and future conditions in the
proposed Albertville Hotel/Waterpark Development. Synchro/Sim Traffic (traffic modeling
software) will be used to evaluate and demonstrate impacts of alternatives proposed for
consideration at a cost not to exceed $7,908. Motion carried unanimously.
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Resolution No. 2005-57 entitled (Resolution Establishin!! Municioal State Aid Streets)
City Engineer Kasma reported that the designated MSA roadways has been completed and
submitted to the State of Minnesota. Included in the Council packet is Resolution No. 2005-57
Establishing the Municipal State Aid Streets within the Albertville city limits.
MOTION BY Council member Fay, seconded by Council member Klecker to approve
Resolution No. 2005-57 entitled (Resolution Establishing Municipal State Aid Streets). Motion
carried unanimously.
LEGAL
T-Sauare Business Park Develooer's Allfeement - T-Sauare Develooer - T-Sauare Robert
Heurin!!
City Attorney Couri proceeded briefly reviewing the Developer's Agreement for T -Square
Business Park. Mr. Couri noted there are two agreements as one is an agreement dealing with
Robert Heuring's property. T-Square Properties would like to release or remove the portion of
the original agreement dealing with the farming information. Mr. Couri briefly went over the
signage portion of the agreement. He touched on the Park Dedication portion of the agreement.
City Attorney Couri reported he heard that Robert Heuring would like to payoff a portion of the
Special Assessment on a portion ofthe property. .
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. Mr. Couri stated that the Finance Director Lannes draft a letter addressing how to divide up the
Special Assessments.
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MOTION BY Mayor Peterson, seconded by Council member Fay to approve the T-Square
Business Park Developer's Agreement (T-Square Business Park Portion) as amended and on file
in the office of the City Clerk. Motion carried unanimously.
MOTION BY Mayor Peterson, seconded by Council member Fay to approve the T -Square
Business Park Developer's Agreement (T-Square Robert Heuring) as amended and on file in the
office of the City Clerk. Motion carried unanimously.
MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve Lot 1, Block 1
T -Square Business Park - Release the Farming, Temporary Easement Rights, Phasing, and
Paying Special Assessments. Motion carried unanimously.
County Maintenance Buildine Aereement (to be nresented at meetine)
City Attorney Couri brought to the Council's attention it would be in the City's interest to enter
into the purchase agreement for the County Maintenance Garage site. The City did not have to
be involved in the Purchase Agreement, but would like to see the site along with the Heuring
property to be constructed as one site. City staffhas hopes the Albertville Medical Building will
be located on the site.
City Engineer Kasma noted there will be two (2) areas to deal with the right-of-way.
MOTION BY Mayor Peterson, seconded by Council member Berning to approve the
Agreement for the County Maintenance Building. Motion carried unanimously.
Memorandum on Shonnes of Town Lakes Restaurant/Bank swan (to be oresented at meetine)
City Attorney Couri asked to remove the item for discussion at a later date.
LaBeaux Station Extension of Recordine the Plat
City Attorney Couri has asked for an extension on recording the Plat for LaBeaux Station.
MOTION BY Council member Vetsch, seconded by Council member Fay to approve the
extension of the Recording of the LaBeaux Station Plat to April 30, 2006. Motion carried
unanimously.
Annrove Ordinance No. 2005-09 entitled (An Ordinance Settine Various Develooment Fees)
City Attorney Couri reported that in December 2004 the City updated the fees and would like to
update the fees on an annual basis. As you will see a number of the fees were on the Resolution
presented by the Finance Director. According to State Statutes some ofthe fees are required to
be in an Ordinance format.
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MOTION BY Council member Klecker, seconded by Council member Fay to approve
Ordinance No. 2005-09 entitled (An Ordinance Setting Various Development Fees) as amended .
and on file in the office of the City Clerk. Effective January 1,2006 after publication in the
North Crow River News. Motion carried unanimously.
Soecial Assessment Cost Estimate
It was brought up at the meeting suggestions on how to assess commercial and/or residential
properties for the proposed construction ofthe 1-94 Interchange Project.
City staff was directed to look at other cities where additional interchanges were installed within
the last ten (10) years.
City Attorney Couri noted that within Albertville there appears to be two (2) different classes of
commercial, which are those built in the 1980's and those built in 1990's to present. Couri
suggested getting an estimated appraisal and present that to the Council at a future meeting.
Once Council has the opportunity to review the estimated appraisals, we could look over how it
will affect the landowner's.
MOTION BY Mayor Peterson, seconded by Council member Klecker to approve obtaining an
estimated appraisal and presenting the information to Council at a future meeting to discuss how
to Special Assess. Motion carried unanimously.
ADMINISTRATION
Written Reoort
City Administrator Kruse brought to the Council's attention that the walls are up and the roof
will be installed on the Arena project. The garage slabs and tree trunks were grubbed out on the
City Hall site. City staff continues to work with the developer and the consultant on the structure
of a TIF district for the Eull Concrete Property.
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Joint Powers Water Access Fee Discussion
City Administrator Kruse asked the Council if they would be in agreement to allow Joint Powers
Water Board to reduce the Access Fee charged to commercial businesses in other cities.
Mayor Peterson asked City Engineer Kasma if it is difficult to work with the Met Council
Standards.
City Engineer Kasma reported the standards set by the Met Council work great.
It was the consensus of the Albertville City Council to continue using the Metropolitan Council
Manual for calculating Water Access Charge for commercial developments.
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City Portion of Water Access Chanzes (wAC) and Sewer Access Chanzes (SAC) for Soace
Aliens site
City Attorney Couri stated that Tom O'Brien asked if the City would consider assess their WAC
and SAC fees. Should you approve assessing the fees it would require staff to draft a Resolution
to get the Special Assessment on the assessment role. The Special Assessment would be applied
over a three (3) year span.
MOTION BY Mayor Peterson, seconded by Council member Berning to approve the Special
Assessment of the WAC and SAC Fees for the Space Alien's Development. Motion carried
unanimously.
Edina Develooment (Closed meetinl! due to litil!ation)
Mayor Peterson closed the public hearing at 10:08 p.m.
Mayor Peterson reconvened the regular City Council meeting at 10:28 p.m.
MOTION BY Council member Berning, seconded by Mayor Peterson to approve the Edina
Development litigation proposal as amended and to be on file in the office of the City Clerk.
Motion carried unanimously.
ADJOURNMENT
MOTION BY Council member Fay, seconded by Council member Klecker to adjourn at
10:30 p.m. Motion carried unanimously.
Don Peterson, Mayor
Bridget Miller, City Clerk
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City of Albertville
Check Detail Register
December 19, 2005
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 022222 12/19/2005 ALBERTVILLE FIRE RELIEF ASSOC.
E 101-42000-124 Fire Pension Contributions $25,490.00
E 101-42000-124 Fire Pension Contributions $45,510.00
Total ALBERTVILLE FIRE RELIEF ASSOC. $71,000.00
Paid Chk# 022223 12/19/2005 ALLINA HEALTH SYSTEM
E 101-42000-108 Medical Training
Total ALLINA HEALTH SYSTEM
12/19/2005 ALPINE HOMES
Landscaping Escrow $2,750.00
Landscaping Escrow $2,750.00
Total ALPINE HOMES $5,500.00
Paid Chk# 022225 12/19/2005 AMERICAN COMMUNITY NEWSPAPERS
E 101-43100-433 Dues and Subscriptions $75.00 169508-001
E 101-43100-433 Dues and Subscriptions $47.40 169508-002
E 101-43100-433 Dues and Subscriptions $75.00 169932-001
Total AMERICAN COMMUNITY NEWSPAPERS $197.40
Paid Chk# 022226 12/19/2005 ARAMARK UNIFORM SERVICES
E 601-49450-417 Uniform Rentals $17.81 629-5840596 Uniform Serv - Sewage Depl
E 101-45100-417 Uniform Rentals $26.68 629-5840596 Uniform Serv - Parks Dept
E 101-43100-417 Uniform Rentals $26.72 629-5840596 Uniform Serv - PW Dept.
E 602-49400-417 Uniform Rentals $17.81 629-5840596 Uniform Serv - Water Dept
E 101-43100-417 Uniform Rentals $20.90 629-5850343 Uniform Serv - PW Dept.
E 602-49400-417 Uniform Rentals $13.93 629-5850343 Uniform Serv - Water Dept
E 101-45100-417 Uniform Rentals $20.87 629-5850343 Uniform Serv - Parks Dept
E 601-49450-417 Uniform Rentals $13.93 629-5850343 Uniform Serv - Sewage Dept.
E 101-43100-417 Uniform Rentals $27.38 629-5855378 Uniform Serv - PW Dept.
E 101-45100-417 Uniform Rentals $27.33 629-5855378 Uniform Serv - Parks Dept
E 602-49400-417 Uniform Rentals $18.25 629-5855378 Uniform Serv - Water Dept
E 601-49450-417 Uniform Rentals $18.25 629-5855378 Uniform Serv - Sewage Dept.
E 101-43100-417 Uniform Rentals $21.11 629-5860391 Uniform Serv - PW Dept.
E 602-49400-417 Uniform Rentals $14.07 629-5860391 Uniform Serv - Water Dept
E 101-45100-417 Uniform Rentals $21.06 629-5860391 Uniform Serv - Parks Dept
E 601-49450-417 Uniform Rentals $14.07 629-5860391 Uniform Serv - Sewage Dept.
Total ARAMARK UNIFORM SERVICES $320.17
Paid Chk# 022227 12/19/2005 BARTHEL BUS GARAGE
E 409-47000-640 Tax Increment Return
Total BARTHEL BUS GARAGE
Paid Chk# 022228 12/19/2005 BOLTON & MENK,INC
E 101-41710-303 Engineering Fees
E 101-41700-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-41700-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 482-49300-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-41700-303 Engineering Fees
E 473-49000-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-41710-303 Engineering Fees
Total BOLTON & MENK, INC
Paid Chk# 022229 12/19/2005 BOYER TRUCKS
E 101-43100-404 Repair/Maint-
Total BOYER TRUCKS
Paid Chk# 022224
G 101-22800
G 101-22800
.
.
$721.75 1110003580
$721.75
$6.625.29
$6,625.29
$16,881.00 90287
$2,652.50 90288
$15,326.48 90289
$1,827.50 90290
$2,130.00 90292
$652.50 90293
$170.00 90294
$588.00 90295
$886.50 90296
$262.50 90297
$492.50 90298
$41,869.48
$6.17 43067R
$6.17
05 City Contribution
05 State Aid Fire
Medical Directorship
Reimb escrow 10539 61st Place
Reimb escrow 6249 Kahl
Help Wanted Ad
Help Wanted Ad
Help Wanted Ad
TIF # 9 2005 2nd half pmt
Hunters Pass
MSA system
Towne Lakes 6th
Hockey Rink
Space Aliens
City Hall
Phillip Morris Property
Right of Way Permits
Prairie Run
Parkside Commercial
Shop pes of Towne Lakes 2
part
17
Check Amt Invoice Comment
Paid Chk# 022230 12/19/2005 BRITE STITCH MONOGRAMMING
E 101-43100-417 Uniform Rentals $90.00 1422
Total BRITE STITCH MONOGRAMMING $90.00
Paid Chk# 022231 12/19/2005 BUSINESS FORMS & ACCOUNTING
E 101-41400-200 Office Supplies (GENERAL) $169.65 35444
Total BUSINESS FORMS & ACCOUNTING $169.65
Paid Chk# 022232 12/19/2005 CARQUEST
E 101-43100-215 Shop Supplies
E 101-43100-404 Repair/Maint-
E 101-43100-404 RepairlMaint-
E 101-43100-215 Shop Supplies
E 101-43100-404 Repair/Maint-
E 601-49450-404 Repair/Maint-
E 601-49450-404 Repair/Maint-
Total CARQUEST
Paid Chk# 022233 12/19/2005 CENTER POINT ENERGY
E 101-43100-383 Gas Utilities ($11.33) credit
E 101-41940-383 Gas Utilities ($14.47) credit
E 101-41940-383 Gas Utilities $50.98 50100005490 5975 Main Ave
E 101-42400-383 Gas Utilities $162.05 50100005760 5954 Main Ave
E 101-45100-383 Gas Utilities $72.12 50100064000 5801 Lander
E 101-42000-383 Gas Utilities $286.22 50100152210 11350 57th
E 601-49450-383 Gas Utilities $331.55 50100190670 6440 Maciver
E 101-43100-383 Gas Utilities $487.41 50100276460 6461 Maciver
Total CENTER POINT ENERGY $1,364.53
Paid Chk# 022234 12/19/2005 CHARTER COMMUNICATIONS
E 101-42000-405 Repair/Maint - Buildings $83.30
Total CHARTER COMMUNICATIONS $83.30
Paid Chk# 022235 12/19/2005 CHOUINARD OFFICE PRODUCTS
E 101-42400-200 Office Supplies (GENERAL) $21.78 55415
Total CHOUINARD OFFICE PRODUCTS $21.78
Paid Chk# 022236 12/19/2005 CITIES DIGITAL SOLUTIONS
E 101-41000-300 Professional Srvs (GENERAL) $1,562.00 1779
Total CITIES DIGITAL SOLUTIONS $1,562.00
Paid Chk# 022237 12/19/2005 CITY OF ALBERTVILLE
E 411-47000-640 Tax Increment Return
Total CITY OF ALBERTVILLE
Paid Chk# 022238 12/19/2005 COMMUNITY PARTNERS
G 101-22827 TIF Escrow Negaard
Total COMMUNITY PARTNERS
Paid Chk# 022239 12/19/2005 COURI & MACARTHUR
E 101-41600-304 Legal Fees $2,062.50
E 101-41610-304 Legal Fees $531.25
E 101-41610-304 Legal Fees $62.50
E 101-41610-304 Legal Fees $187.50
E 101-41610-304 Legal Fees $31.25
E 101-41610-304 Legal Fees $625.00
E 101-41610-304 Legal Fees $1,406.25
E 101-41610-304 Legal Fees $1,562.50
E 473-49000-304 Legal Fees $31.25
E 101-41610-304 Legal Fees $2,156.25
E 488-49000-304 Legal Fees $62.50
E 482-49300-304 Legal Fees $31.25
E 468-49000-304 Legal Fees $125.00
E 473-49000-304 Legal Fees $125.00
E 495-49000-304 Legal Fees $1,031.25
Total COURI & MACARTHUR $10,031.25
Paid Chk# 022240 12/19/2005 CROW RIVER FARM EQUIPMENT
E 101-43100-400 Repair/Maint - Paved Rd $67.44 115130
Total CROW RIVER FARM EQUIPMENT $67.44
$1.66
$57.65 0282964
$7.38 0282965
$23.71 0283352
$7.40 0283358
$8.23 0283517
$8.28 0283668
$114.31
$9,281.25
$9,281.25
$1,037.30
$1,037.30
knit hats
W2's & 1099 Forms
finance charge
Fuel Filter, Air Filter
Wheel Nuts
Hose Clamps
Oil Filter
Fuel Filter
Switch
FO Internet
copier paper
Laserfiche annual support
Land of Lakes/to pay revolving
Negaard TIF Project
council meetings, packets, mis
Shoppes at Towne Lakes 2
Edina Wetland
Phillip Morris
Towne Lakes 6
Labeaux Station
Hunters Pass
T -Squared Business Park
Prairie Run
Edina Development
Ice Arena
CH
1-94 Ramps
Prairie Run- Heuring
County Hwy Bldg
tube
.
.
.
18
.
Check Amt Invoice Comment
$66.94 19258
Total DHB $66.94
Paid Chk# 022243 12/19/2005 DJ'S TOTAL HOME CARE CENTER
E 101-43100-215 Shop Supplies $16.56 6480
E 101-43100-405 Repair/Maint - Buildings $32.75 6558
E 602-49400-404 RepairlMaint - $32.19 6672
E 101-43100-215 Shop Supplies $7.44 6696
E 101-41940-405 Repair/Maint - Bl:Jildings $20.84 6772
E 101-41940-405 Repair/Maint - Buildings $29.77 6794
E 101-41940-405 Repair/Maint - Buildings $12.49 6900
E 101-43100-215 Shop Supplies $104.31 6931
E 101-41940-405 Repair/Maint - Buildings $69.01 7087
E 601-49450-210 Operating Supplies $19.45 7263
E 101-45100-405 Repair/Maint - Buildings $52.17 7299
Total DJ'S TOTAL HOME CARE CENTER $396.98
Paid Chk# 022244 12/19/2005 ECM PUBLISHERS INC
E 101-43100-433 Dues and SubSCriptions $42.15 IC 00202529 Help Wanted Ad
E 101-43100-433 Dues and Subscriptions $42.15 IC 00203025 Help Wanted Ad
E 101-43100-433 Dues and Subscriptions $42.15 IC 00203388 Help Wanted Ad
Total ECM PUBLISHERS INC $126.45
Paid Chk# 022245 12/19/2005 EGGEN'S DIRECT SERVICE, INC.
E 601-49450-212 Motor Fuels $47.00 111429
E101-42400-212 MotorFuels $61.58111433
E 601-49450-212 Motor Fuels $51.00 111454
E 101-45100-212 Motor Fuels $63.50 111467
E 101-45100-212 Motor Fuels $29.50 111474
E601-49450-212 MotorFuels $19.00111486
E 602-49400-212 Motor Fuels $51.00 111489
E 601-49450-212 Motor Fuels $60.00 111491
E 601-49450-210 Operating Supplies $38.69 111491
E 101-43100-212 Motor Fuels $59.00 111493
E101-43100-212 MotorFuels $68.00111495
E 101-45100-212 Motor Fuels $22.07 111496
E 602-49400-212 Motor Fuels $75.00 11473
Total EGGEN'S DIRECT SERVICE, INC. $645.34
Paid Chk# 022246 12/19/2005 EXCLUSIVE LANDSCAPES INC
E 400-47000-310 Other Professional Services $195.81 4705
Total EXCLUSIVE LANDSCAPES INC $195.81
Paid Chk# 022247 12/19/2005 FUTRELL FIRE CONSULT & DESIGN
E 101-41000-300 Professional Srvs (GENERAL) $115.00
E 101-41000-300 Professional Srvs (GENERAL) $431.25 18522
Total FUTRELL FIRE CONSULT & DESIGN $546.25
Paid Chk# 022248 12/19/2005 GENERAL RENTAL
E 101-45100-530 Improvements
Total GENERAL RENTAL
Paid Chk# 022249 12/19/2005 GRAINGER
E 101-45100-405 Repair/Maint - Buildings
Total GRAINGER
Paid Chk# 022241 12/19/2005 DAVIES CONSTRUCTION COMPANY
E 602-49400-408 RIM - Water Services $550.00 9264
Total DAVIES CONSTRUCTION COMPANY $550.00
Paid Chk# 022242 12/19/2005 DHB
E 101-43100-323 Nextel Radio Units
.
$304.06 109512
$304.06
$3.15 495
$3.15
.
Paid Chk# 022250 12/19/2005 GRIDOR CONSTRUCTION
E 491-49000-300 Professional Srvs (GENERAL) $592,012.00
Total GRIDOR CONSTRUCTION $592,012.00
Paid Chk# 022251 12/19/2005 HALLMAN OIL COMPANY-FUEL DIV
E 101-43100-212 Motor Fuels $590.63 179236
Total HALLMAN OIL COMPANY-FUEL DIV $590.63
curb stop 6729 Lakeview Circle
repair cell phone
paint brushes
toweling, ferrule stops
couples, distilled wtr, nipple
oil
filter furn, snap 2endbolt
brush, bags
furn filter, thermometer
ice melt, gloves, rack
bags, tissue, deadfront brn pi
clip battery, fuel propane, sc
20# propane upgrade/fill
fuel
fuel
fuel
fuel
fuel
fuel
fuel
fuel
paper towels
fuel
fuel
fuel
fuel
piping
Shoppes at Prairie Run
T -Squared
Hockey Rink
lamp
pmt # 7 WWTP
off rd diesel winter
19
Check Amt Invoice Comment
Paid Chk# 022252 12/19/2005 HAWKINS,INC
E 601-49450-217 Chemicals - Ferric Chloride
Total HAWKINS, INC
Paid Chk# 022253 12/19/2005 HEALTH PARTNERS
G 101-21706 Group Insurance Payable $2,084.65
E 101-43100-130 Employer Paid Ins $1,478.15
E 101-41400-131 Employer Paid Health $995.61
E 101-45100-130 Employer Paid Ins $624.50
E 101-41300-131 Employer Paid Health $406.06
E 602-49400-130 Employer Paid Ins $676.05
E 101-42400-130 Employer Paid Ins $1,493.25
E 601-49450-130 Employer Paid Ins $619.70
E 101-41500-131 Employer Paid Health $533.55
Total HEALTH PARTNERS $8,911.52
Paid Chk# 022254 12/19/2005 INTL SECURITY PRODUCTS
E 101-45100-530 Improvements
Total INTL SECURITY PRODUCTS
Paid Chk# 022255 12/19/2005 J-CRAFT, INC.
E 101-43100-404 Repair/Maint-
Total J-CRAFT, INC.
Paid Chk# 022256 12/19/2005 KLECKER, RON
E 101-41100-331 Travel Expenses
Total KLECKER,RON
Paid Chk# 022257 12/19/2005 L.M.C.I.T.
E 101-43100-151 Worker's Camp Insurance
E 101-41100-151 Worker's Comp Insurance
E 101-41500-151 Worker's Camp Insurance
E 101-41400-151 Worker's Comp Insurance
E 101-42000-150 Worker's Comp (GENERAL)
E 101-43100-151 Worker's Comp Insurance
E 101-41940-151 Worker's Comp Insurance
E 602-49400-151 Worker's Comp Insurance
E 601-49450-151 Worker's Comp Insurance
E 101-45100-151 Worker's Comp Insurance
Total L.M.C.I.T.
Paid Chk# 022258 12/19/2005 LAND OF LAKES TILE CO.
E 411-47000-640 Tax Increment Return
Total LAND OF LAKES TILE CO.
Paid Chk# 022259 12/19/2005 MENARDS
E 101-43100-215 Shop Supplies
E 101-45100-405 Repair/Maint - Buildings
E 101-45100-405 Repair/Maint - Buildings
E 101-43100-215 Shop Supplies
E 101-41940-405 Repair/Maint - Buildings
E 101-43100-400 Repair/Maint - Paved Rd
Total MENARDS
Paid Chk# 022260 12/19/2005 MOLD TECH, INC.
E 410-47000-640 Tax Increment Return
Total MOLD TECH, INC.
Paid Chk# 022261 12/19/2005 MTR SERVICES INC
E 482-49300-300 Professional Srvs (GENERAL)
Total MTR SERVICES INC
$4,990.07 766699
$4,990.07
$2,663.57 20629
$2,663.57
$312.45 38301
$312.45
$128.53
$128.53
$1,709.26 7560
$122.09 7560
$122.09 7560
$732.54 7560
$2,563.89 7560
$1,220.90 7560
$2,563.89 7560
$854.63 7560
$1,342.99 7560
$976.72 7560
$12,209.00
$4,432.38
$4,432.38
$50.18
$13.29 8527
$14.39 8527
$19.97 8527
$155.40 8527
$75.94 8527
$329.17
$5,171.75
$5,171.75
$906.25 3681
$906.25
Ferric Chloride
Emp Health/Dental Ins Emp Port
Emp Health/Dental Ins
Emp Health/Dental Ins
Emp Health/Dental Ins
Emp Health/Dental Ins
Emp Health/Dental Ins
Emp Health/Dental Ins
Emp Health/Dental Ins
Emp Health/Dental Ins
dome top, rail end, brace band
strobe micro edge amber, lense
mileage conf
Workers Camp Premium
Workers Comp Premium
Workers Comp Premium
Workers Camp Premium
Workers Comp Premium
Workers Comp Premium
Workers Comp Premium
Workers Camp Premium
Workers Comp Premium
Workers Camp Premium
2nd 2005 TIF pmt
shop supplies
6" recip blade 15 pk
6" recip blade 15 pk
clock
ice melt
3/" 4' X 8' AC2
2nd 2005 TIF pmt
demo garages & load stumps
.
.
.
20
.
Check Amt Invoice Comment
Total N. A. C.
Paid Chk# 022263 12/19/2005 NAPA AUTO PARTS
E 101-43100-404 Repair/Maint -
Total NAPA AUTO PARTS
Paid Chk# 022264 12/19/2005 NEWMAN TRAFFIC SIGNS
E 101-43100-226 Sign Repair Materials $384.75 TI-050437 slow children at play signs, p
Total NEWMAN TRAFFIC SIGNS $384.75
Paid Chk# 022265 12/19/2005 NORTH COUNTRY QUALITY BLDRS
G 101-22800 Landscaping Escrow $3,000.00
Total NORTH COUNTRY QUALITY BLDRS $3,000.00
Paid Chk# 022266 12/19/2005 NORTHERN TOOL & EQUIPMENT
E 101-43100-400 Repair/Maint - Paved Rd $0.40 0193080722b finance charge
E 101-45100-404 RepairlMaint - $40.44 0193118938 halogen tractor lights
E 101-43100-400 Repair/Maint - Paved Rd $42.59 0193118938 trailer light kit, swivel jack
E 101-43100-215 Shop Supplies $45.78 0193118938 screwdriver grip, pliers set,
Total NORTHERN TOOL & EQUIPMENT $129.21
Paid Chk# 022267 12/19/2005 NORTHLAND CHEMICAL CORP.
E 101-43100-405 RepairlMaint - Buildings $67.61 95657
Total NORTHLAND CHEMICAL CORP. $67.61
Paid Chk# 022268 12/19/2005 NUBBE, TRACEY
E 101-41400-200 Office Supplies (GENERAL) $12.77
Total NUBBE, TRACEY $12.77
Paid Chk# 022269 12/19/2005 OFFICE MAX. A BOISE COMPANY
E 101-42400-200 Office Supplies (GENERAL) $87.22 550879
Total OFFICE MAX. A BOISE COMPANY $87.22
Paid Chk# 022270 12/19/2005 OMANN BROTHERS
E 466-49000-300 Professional Srvs (GENERAL)
Total OMANN BROTHERS
Paid Chk# 022271 12/19/2005 PATS 66
E 101-45100-212 Motor Fuels
E 101-43100-212 Motor Fuels
E 101-43100-212 Motor Fuels
Paid Chk# 022262 12/19/2005 N. A. C.
E 101-41915-306 Planning Fees
E 101-41915-306 Planning Fees
E 101-41915-306 Planning Fees
E 101-41915-306 Planning Fees
E 101-41915-306 Planning Fees
E 101-41915-306 Planning Fees
E 101-41915-306 Planning Fees
E 101-41910-306 Planning Fees
E 101-41910-306 Planning Fees
$320.00 14948
$238.25 14948
$349.74 14948
$654.74 14948
$659.63 14948
$896.60 14948
$256.85 14948
$750.00 14949
$396.00 14950
$4,521.81
$78.59 589322
$78.59
.
$14,750.00 19416
$14,750.00
$37.50 7712
$52.79 7930
$21.10 8230
$111.39
.
Total PATS 66
Paid Chk# 022272 12/19/2005 PINNACLE PRINTING, INC.
E 602-49400-203 Printed Forms
E 601-49450-203 Printed Forms
Total PINNACLE PRINTING, INC.
Paid Chk# 022273 12/19/2005 PITNEY BOWES
E 101-41400-322 Postage
Total PITNEY BOWES
Paid Chk# 022274 12/19/2005 PLAISTED COMPANIES
E 101-43100-215 Shop Supplies $1,296.36 11220
Total PLAISTED COMPANIES $1,296.36
Paid Chk# 022275 12/19/2005 PREMIER 94 TRUCK SERVICES
E 101-43100-404 RepairlMaint - $68.25 73935-IN
E 101-43100-404 RepairlMaint - $68.25 73943-IN
Total PREMIER 94 TRUCK SERVICES $136.50
$182.38 5106
$182.38 5106
$364.76
$77.52
$77.52
Prairie Run Outlot B
Karston Cove 10135 bldg permit
Guimont Garage
LiI Dukes Gas CUP
Protech Marine CUP
Shoppes at Towne Lakes Prelim
Mobil Station Sign
council mtgs, staff mtgs, plan
parking study, AutoCad, etc
hyd hose, hose ends, trans 11
Reimb escrow 4961 Kama Lane
Natures way Detergen
supplies/mouse pad
ppr, cups
parking lot overlay PW
fuel
fuel
fuel
UBBills
UBBills
postage
ice control sand
DOT Inspection
DOT Inspection Tractor
21
Paid Chk# 022276 12/19/2005 RED'S PORTABLE TOILETS
R 101-00000-32100 Business $90.53 10353
Total RED'S PORTABLE TOILETS $90.53
Paid Chk# 022277 12/19/2005 ROLSTAD CONSTRUCTION,INC.
E 400-47000-310 Other Professional Services $33,184.59
Total ROLSTAD CONSTRUCTION, INC. $33,184.59
Paid Chk# 022278 12/19/2005 S.E.H.
E 491-49000-303 Engineering Fees
E 466-49000-303 Engineering Fees
E 101-42400-300 Professional Srvs (GENERAL)
Total S.E.H.
Paid Chk# 022279 12/19/2005 SCHARBER & SONS
E 101-45100-404 Repair/Maint-
Total SCHARBER & SONS
Paid Chk# 022280 12/19/2005 SENTRY SYSTEMS, INC.
E 101-42000-405 Repair/Maint - Buildings
E 101-43100-405 Repair/Maint - Buildings
E 101-42000-405 Repair/Maint - Buildings
E 101-45100-405 RepairlMaint - Buildings
Total SENTRY SYSTEMS, INC.
Paid Chk# 022281 12/19/2005 SIMPLEXGRINNELL
E 466-49000-300 Professional Srvs (GENERAL)
E 466-49000-300 Professional Srvs (GENERAL)
Total SIMPLEXGRINNELL
Paid Chk# 022282 12/19/2005 SPRINT -IL
E 101-41940-321 Telephone
Total SPRINT. IL
Paid Chk# 022283 12/19/2005 SUTHERLAND, JON
E 101-42400-417 Uniform Rentals
Total SUTHERLAND, JON
Paid Chk# 022284 12/19/2005 TINKLENBERG GROUP
E 468-49000-300 Professional Srvs (GENERAL) $1,791.31 1137
Total TINKLENBERG GROUP $1,791.31
Paid Chk# 022285 12/19/2005 TRI STATE PUMP & CONTROL INC
E 601-49450-404 Repair/Maint - $6,338.76 25116
E 601-49450-404 Repair/Maint- $157.50 25119
Total TRI STATE PUMP & CONTROL INC $6,496.26
Paid Chk# 022286 12/19/2005 U.S. BANK CORPORATE TRUST SERV
E 407-47000-640 Tax Increment Return $17,713.77
Total U.S. BANK CORPORATE TRUST SERV $17,713.77
Paid Chk# 022287 12/19/2005 UNITED RENTALS
E 101-45100-530 Improvements
Total UNITED RENTALS
Paid Chk# 022288 12/19/2005 UNLIMITED ELECTRIC
E 101-45100-530 Improvements
Total UNLIMITED ELECTRIC
Paid Chk# 022289 12/19/2005 US LEASING & SALES
E 101-43100-404 Repair/Maint-
Total US LEASING & SALES
Paid Chk# 022290 12/19/2005 USA BLUE BOOK
E 601-49450-404 Repair/Maint-
Total USA BLUE BOOK
Check Amt
$20,610.00 137684
$361.79 138207
$150.00 138261
$21,121.79
$220.40 01 348527
$220.40
$27.58 466485
$28.44 466485
$4.21 466485
$30.16 466485
$90.39
$428.00 60228078
$214.00 60231206
$642.00
$60.26
$60.26
$250.00
$250.00
Invoice Comment
.
Rental License
Pmt # 7 02 Frontage Ave Imp
WWTP
PW
Lot Surveys
lift arm, tool box
Alarm Monitoring FD
Alarm Monitoring PW
Alarm Monitoring FD
Alarm Monitoring Park
Public Works Bldg Alarm System
Public Works Bldg Alarm System
Idst
.
uniform/clothing
1-94 Funding
housing, motor, seal, bearing,
labor
2nd 2005 TIF pmt
$393.30 52689349-00 air post driver rent
$393.30
$22,700.00 7147
$22,700.00
$510.27 16203
$510.27
$143.49 72115
$143.49
Hockey Rink, poles, circuts, t
install RH door view window
roto float
.
22
.
.
.
Paid Chk# 022291 12/19/2005 VETSCH CUSTOM CABINETS
E 408-47000-640 Tax Increment Retum $4,467.84
Total VETSCH CUSTOM CABINETS $4,467.84
Paid Chk# 022292 12/19/2005 WASTE MANAGEMENT
E 101-41940-384 Refuse/Garbage Disposal
E 101-41940-384 Refuse/Garbage Disposal
Total WASTE MANAGEMENT
Paid Chk# 022293 12/19/2005 WATER LABORATORIES INC
E 601-49450-218 Testing Expenses $54.00
E 601-49450-218 Testing Expenses $632.70
Total WATER LABORATORIES INC $686.70
Paid Chk# 022294 12/19/2005 WRIGHT COUNTY HIGHWAY DEPT.
E 101-43100-221 Ice Removal $702.80 6331
Total WRIGHT COUNTY HIGHWAY DEPT. $702.80
Paid Chk# 022295 12/19/2005 WRIGHT CTY AUDITORITREASURER
E 101-41410-300 Professional Srvs (GENERAL) $774.44 Elections 05
Total WRIGHT CTY AUDITORITREASURER $774.44
Paid Chk# 022296 12/19/2005 WRIGHT CTY SHERIFFS PATROL
E 101-42110-307 Police Contract Fees $34,857.50 Patrol-05-12
Total WRIGHT CTY SHERIFFS PATROL $34,857.50
Paid Chk# 022297 12/19/2005 WRIGHT RECYCLING
E 101-43200-308 Recycling Contract Fee
Total WRIGHT RECYCLING
Paid Chk# 022298 12/19/2005 XCEL ENERGY
E 101-43160-381 Electric Utilities
E 101-41940-381 Electric Utilities
E 601-49450-381 Electric Utilities
E 101-41940-381 Electric Utilities
E 101-43160-381 Electric Utilities
Total XCEL ENERGY
2005 2nd TIF pmt
$148.55 1232667-159 waste hauler
$50.06 1244420-159 waste hauler
$198.61
$3,710.70
$3,710.70
Testing Expense (CBOD-5)
Testing Expense (CBOD-5)
salt
Election memory card programin
December 05 service
Nov 05 Service
$27.89 51416598070 5700 Labeaux Ave Signal
$22.85 51511236301 5998 Labeaux
$37.49 51545432691 5900 Co Rd 18 Swr
$3.76 51644391161 10820 Kantar
$4,410.04 51690103801 Street Lighting - 58-59-60 St.
$4,502.03
$965,882.84
10100 Premier Bank
Check Amt Invoice Comment
Fund Summary
101 GENERAL FUND
400 CLOSED CAPITAL PROJECTS
407 TIF #7 - SENIOR HOUSING
408 TIF #8 - VETSCH CABINETS
409 TIF #9 - BARTHEL BUS
410 TIF #10 - MOLD TECH
411 TIF #11 - LAND OF LAKES
466 PUBLIC WORKS FACILITY
468 CSAH 19 RAMPS/I 94 Project
473 PRAIRIE RUN
482 CITY HALL 2004-5
488 ICE ARENA LOCKER ROOMS
491 WWTF Phase 2
495 Wright Co. Shop Property
601 SEWER FUND
602 WATER FUND
10100 Premier Bank
$233,159.91
$33,380.40
$17,713.77
$4,467.84
$6,625.29
$5,171.75
$13,713.63
$15,753.79
$1,916.31
$1,042.75
$1,590.00
$62.50
$612,622.00
$1,031.25
$15,146.34
$2,485.31
$965,882.84
23
.
.
.
~
SEH Memorandum
TO:
Larry Kruse
Albertville City Administrator
Robert L. Moberg, PE
Project Manager
FROM:
DATE:
December 7, 2005
RE:
2002 Frontage A venue Improvements
Albertville, Minnesota
SEH No. A-ALBEV 0208
Enclosed please find Application for Payment No.7 (FINAL) for this project in the amount of
$33,184.59. With this payment, the final contract amount is $281,440.31. The original contract
amount was $304,599.00 and there was one approved change order for the project adjusting the
contract amount to $313,719.00.
The reduced final contract amount is primarily due to a reduction in the quantity of sidewalk
installation and turf establishment. The contractor experienced some difficulty remaining
financially solvent through the duration of the project. By the time they had the ability to install
the sidewalk, the developer had already completed the turf establishment in the boulevard areas
and had also completed the parking lot and landscaping improvements along the east side of the
street. Installation of a sidewalk on the east side of the street would have then required
construction of a retaining wall to support the parking lot. At the direction of the City, we had
the contractor eliminate the sidewalk along the east side of the street and install a wider sidewalk
along the west side of the street.
We reviewed this application and it appears to be in order. When payment is made, sign all
copies and distribute as follows:
Rolstad Construction, Inc.
SEH
City of Albertville
The following required documents are also enclosed for your files:
. Final Statement
. IC-134 Withholding Affidavit
. Lien Waivers
. Consent of Surety to Final Payment
If you have any questions, please feel free to call me at 651.490.2147.
c: Russ Bly, SEH
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2005-61
RESOLUTION REALLOCATING THE ASSESSMENT
FOR CSAH 19/37 INTERSECTION REALIGNMENT
WHEREAS, pursuant to proper notice duly given as required by law, the Albertville City Council
has met and heard and passed upon all objections to the proposed assessment for certain
improvements to Wright County State Aid Highway No. 19 and 37; and
WHEREAS, a portion of the assessments were to be levied against Outlot A, (PID No. 101-075-
000010), Mooney's Addition and said Outlot was subsequently re-platted as part of Mooney's
Second Addition; and
WHEREAS, there is a total of 1 parcels platted in Mooney's Second Addition;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville,
Wright County, Minnesota:
1. Such proposed assessment, redistribute the remaining amount of the assessment levied
against it.
2. The total assessed amount of $1,270.64 is to be reallocated to parcel 101-107-001010
Mooney's Second Addition.
3. The reassessment levied by this resolution shall be payable in equal annual principal
installments extending over a period of two years, the first of the installments to be assessed
to taxes payable 2006, and shall bear interest at a rate of 6.82% per annum from the date of
this resolution.
4. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County
Auditor to be extended on the property tax lists of the County, and such assessment shall be
collected and paid over in the same manner as other taxes.
ADOPTED by the City Council this 19th day of December, 2005.
Don Peterson, Mayor
Bridget Miller, City Clerk
27
~
. SEH MEMORANDUM
TO: Larry Kruse
Albertville City Administrator
FROM: Robert L. Moberg, PE
Project Manager
DATE: December 12,2005
RE: Albertville Dental Addition
Letter of Credit Reduction
Albertville, Minnesota
SEH No. A-ALBEV0501.00 D66
I have reviewed the developer's request for a reduction in the amount of the Letter of Credit for
the subject project. I have also reviewed the work completed to date. All of the public utility
improvements have been installed. Pond grading, parking lot improvements, turf restoration,
lighting, and landscaping have also been completed. Two of the three proposed buildings for the
site have been completed.
.
In issuing an access permit for the site, Wright County imposed several conditions on the
developer, including installation of a westbound bypass lane on Jason A venue and removal of an
existing entrance along the westerly edge of the development (adjacent to the Heuring property).
Regarding the Jason A venue bypass lane, the developer agreed to have the bypass lane
constructed with the Prairie Run project. The proximity of the Albertville Dental entrance to the
Kassel A venue intersection would not allow for an exclusive bypass lane around the entrance
and an exclusive right turn lane at Kassel A venue. Therefore, a combined bypass lane / right
turn lane was constructed with the approval of Wright County. Total cost of the combined
bypass lane / right turn lane was $13,500, including engineering. The developer of the
Albertville Dental Addition is responsible for 50% of the cost, or $6750.
With regard to the existing entrance adjacent to the Heuring property, existing blacktop between
the road and the pedestrian trail must be removed and the area must be reestablished with turf.
This work has not yet been done.
I recommend the Letter of Credit be reduced from $61,383 to no less than $5,000. The reduced
amount should be adequate to cover the cost of removing the existing entrance on J ason Avenue,
as well as any warranty work on the landscaping. This recommendation is contingent upon the
developer reimbursing the City for his share of the Jason Avenue bypass lane costs.
Please call me at 651.490.2147 if you have questions.
.
c: Tina Lannes, City Finance Director,
Scott Dahlke, Quality Site Design,
Mike Couri, City Attorney
Jerry Brecke, Albertville Dental Medical
29
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NORTHWEST ASSOCIATED CONSULTANTS, INC..
4900 Olson Memoriel Highw.v. Suite 202. Golden Velley. M N 56422
Telephone: 783.231.26156 Facsimile: 703.231.2681 pk!nners@nacpJannlng.eom
Mr. Mike Wallin
Cobom's Incorporated
1445 East Highway 23
51. Cloud, MN 56304
Dear Mr. Wallin,
On December 5, 2005, the Albertville City Coundl reviewed your application for site and
building plan review I conditional use permit to add a fifth gasoline pumping station at
your location of business at 5398 LaCentre Avenue. On behalf of the City of Albertville,
our office is informing you that the City is extending the review period for this request
from 60 days to 120 days per Minnesota State Statute 15.99. Your application was
received on October 4,2005; extending the review period to February 1, 2006.
Albertville City Council has decided to table your request until the next City Coundl
meeting on December 19, 2005 to allow staff to draft findings for denial of your
conditional use permit application, dting the following issues:
1. Adding an additional fifth (5th) gasoline pumping station will add
congestion and overwhelm the site's vehicular drculation.
a) There are disproportionate parking stalls of the existing seventeen
(17) stalls in relation to businesses at the north end of the building
site. Only seventeen (17) stalls are available for the convenience I
gas I video sales and liquor store.
b) Current traffic congestion at the north end of the building is also
caused by patrons utilizing the gasoline pump islands and then
leaving their vehicles unattended while shopping at the
convenience I gas I video sales, liquor store, and grocery store.
Adding an additional pump island station will add toth!s current
traffic conflict.
c) Uquor delivery trucks park within the required parking stalls and
drive aisles creating traffic conflicts.
31
If you can provide evidence or information that would contradict these issues or offer
mittgation solutions, please submit your materials to the City of Albertville at your
earliest convenience but no later than December 13, 2005.
Slncerely,
Alan Brixius, AICP
cc: Larry Kruse
Jon Sutherland
Bridget Miller
32
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December 15, 2005
Larry Kruse
Albertville City Administrator
Albertville, MN
Dear Larry:
As a result of the City Council's action to table our request for a 5th pumping station to the next
meeting, I'm concerned that I won't have enough time to adequately prepare a response to the
Councils concerns. I would like to request that this matter be delayed one month to the January
16,2006 meeting. Please let me know if this is possible.
. Sincerely,
.
Michael Wahlin
Director Construction & Facility Maintenance
Cobom's Inc
33
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2005-62
A RESOLUTION CLOSING CERTAIN FUNDS
WHEREAS, the Albertville City Council has reviewed its annual audit; and
WHEREAS, the City's auditing firm has recommended elimination of some unnecessary funds.
NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that the following
actions are implemented:
. Fund 453 (Kollville Estates) is closed to Fund 400 (Closed Capital Projects Fund)
. Fund 465 (2003 CSAH 19 Widening) is closed to Fund 400 (Closed Capital Projects Fund)
. Fund 466 (Public Works Facility) is closed to Fund 358 (Lease Revenue Bonds 2004)
. Fund 475 (Towne Lakes Commercial) is closed to Fund 400 (Closed Capital Projects Fund)
. Adopted by the City Council ofthe City of Albertville this 19th day of December, 2005.
.
Don Peterson, Mayor
Bridget Miller City Clerk
35
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2005-63
A RESOLUTION TRANSFER GENERAL FUNDS
WHEREAS, the Albertville City Council has reviewed its GENERAL Fund; and
NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that the following
actions are implemented:
Transfer $73,000 from the General Fund # 101 to Fund #102 Capital Equipment.
Adopted by the City Council of the City of Albertville this 19th day of December, 2005.
Don Peterson, Mayor
Bridget Miller City Clerk
37
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2005-64
A RESOLUTION APPROVING MOVE WATER ACCESS CHARGES
WHEREAS, the Albertville City Council has reviewed its annual audit; and
WHEREAS, the City's auditing firm has recommended a separate water access charge fund.
NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that the water
access charges be removed from the 602 (Water Fund) and placed into a fund of their own (204
WAC).
Adopted by the City Council of the City of Albertville this 19th day of December, 2005.
Don Peterson, Mayor
Bridget Miller City Clerk
39
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2005-65
A RESOLUTION DESIGNATE PARK FUNDS
WHEREAS, the Albertville City Council has reviewed its PARK Fund; and
NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that the following
actions are implemented:
Designate $350,000 of the Park Fund # 201 for the School Pedestrian Trail.
Designate $200,000 of the Park Fund # 201 for the Arena Locker Room.
Designate $100,000 of the Park Fund # 201 for the Hockey Rink.
Adopted by the City Council of the City of Albertville this 19th day of December, 2005.
Don Peterson, Mayor
Bridget Miller City Clerk
41
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2005-66
A RESOLUTION TRANSFER GENERAL FUNDS
WHEREAS, the Albertville City Council has reviewed its GENERAL Fund; and
NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that the following
actions are implemented:
Transfer $400,000 from the General Fund # 101 to Fund # 400 Closed Capital Projects Fund.
Adopted by the City Council ofthe City of Albertville this 19th day of December, 2005.
Don Peterson, Mayor
Bridget Miller City Clerk
43
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2005-67
RESOLUTION REVISING DESIGNATION OF CSAH 18
WHEREAS, the County Board of the County of Wright did adopt a resolution on November 29,
2005 revising designation of County State Aid Highway No. 18 within the corporate limits of the
City of Albertville, as follows:
CSAH 18 (50th Street NE) from CSAH 19 to Main Avenue NE, having a basic right-
of-way width of 86 feet and Main Avenue NE from 50th Street NE to CSAH 37, have
a basic right-of-way width of66 feet, for a total distance of 1.41 miles;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Albertville that
the said revision is in all things approved.
. Adopted by the City Council ofthe City of Albertville this 19th day of December, 2005.
.
Don Peterson, Mayor
Bridget Miller, City Clerk
45
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 December 19, 2005.
City Clerk
(SEAL)
City of Albertville
46
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NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
MEMORANDUM
TO:
Larry Kruse
FROM:
Kimberly Thompson! Alan Brixius
DATE:
December 9, 2005
RE:
Albertville - The Shoppes at Towne Lakes II
NAC FILE:
163.06 - 05.36
BACKGROUND
On November 7,2005, the City Council approved Resolution 2005-50, a resolution approving
the Shoppes of Towne Lakes Phase II Preliminary Plat and Planned Unit Development,
Development Stage. Section 4 of the resolution states that the Shoppes at Towne Lake II shall
provide two restaurant sites, one 8,000 square foot sit-down restaurant, and one 4,000 square foot
restaurant with no drive-through.
The applicant, Granite City Real Estate, believes the City has put them in an unfavorable
position, and has since requested reconsideration of a restaurant with drive-through to be located
on Lot 2, in the northwest comer of the site, as was originally proposed. The site is zoned B-2A,
Special Business District.
Attached for reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Phase I Development Plan
City Council minutes from April 18, 2005
Master Agreement
Phase II Site Plan
The development of the Shoppes of Towne Lakes Phase II is intended to be an extension of the
development plan from Phase I of the project, which is located just to the south of Phase II. As
part of Phase I, a 3,800 square foot drive-through restaurant was proposed to be located on Lot 1,
Block 1, in the northwestern portion of the site. However, that site is instead allowed to be
occupied by a bank. In exchange, Phase II of the development would have two restaurant sites.
On April 18, 2005, the City Council approved the First Amendment to the Master Planned Unit
Development/Conditional Use Agreement for the Shoppes at Towne Lakes One. This
amendment added provisions for the inclusion of two restaurants in Phase II. One of the
47
required restaurants is to be housed in an 8,000 square foot building on Lot 3. Per the April 18,
2005 amendment, the City required that this site be restricted in use to a "sit-down" restaurant .
only, as otherwise permitted in the City's B-2A Zoning District.
For purposes of the agreement, a "sit-down" restaurant is defined as one in which customers are
seated at individual tables, order, and are served food by wait staff, and no more than a total of
15% of food sales are pick-up, delivery, or carry-out orders which are eaten offthe premises.
The second 4,000 square foot restaurant is to be located on Lot 2 in the northwestern portion of
the site. It was determined by the City that this 44,421 square foot lot is of sufficient size to
support a 4,000 square foot building and shall be restricted in use to a restaurant permitted in the
City's B-2A Zoning District with no additional conditions.
The original proposal included a restaurant with a drive-through in the northern portion of the
site, very similar to the 3,800 square foot restaurant proposed in Phase I. This type of use is
allowed in the B-2A District according to Section 4350.2 of the City Code. In the same
amendment, it was noted that the Council was not in favor of a drive-through proposed for the
8,000 square foot building. However, no mention was made of a drive-through in the 4,000
square foot building.
Granite City Real Estate, LLC submitted an application for Preliminary Plat and Development
Stage PUD for the development of Shop pes of Towne Lakes Phase II, with the above restaurants
proposed, and presented a concept plan to the Planning Commission in September and the City
Council on October 3,2005. After review during the concept stage, the Planning Commission
recommended that the applicant proceed to the preliminary plat and development plan stage. .
All concerns addressed by the Planning Commission, City Council, City Engineer, and City
Planner were addressed and a public hearing was held by the Planning Commission on October
11, 2005. After reviewing the Preliminary Plat and Development Stage PUD, it was found that
the proposed plan met the conditions of the PUD as defined in the Ordinance, and a motion was
made recommending approval of the preliminary plat and development stage PUD with the
conditions outlined in NAC's planning report dated October 6,2005 and the City Engineer's
memorandum dated October 4, 2005. During the public hearing and Planning Commission
discussion, no concerns regarding the drive-through restaurant were addressed.
After the Planning Commission made a recommendation for the preliminary plat and
development stage PUD, the matter was brought to the City Council for final approval. At the
November 7,2005 meeting, the City Council expressed concerns regarding the restaurant with
drive-through on Lot 3. Members of the Council stated that they did not want to see a fast-food
restaurant at this location. Specific concerns cited were increased traffic levels, franchise
architecture, signage, and other elements associated with fast-food restaurants that are not
aesthetically pleasing. Resolution 2005-50 was then approved without allowing the drive-
through.
.
48
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.
.
ANALYSIS
The applicant is now requesting reconsideration of a restaurant with drive-through based on the
following issues:
Franchise Architecture. One ofthe reasons of concern for a restaurant with a drive-through
was the use of franchise architecture. The applicant feels as though this concern is not justified,
as it has been addressed at length throughout the review process. The Shoppes at Towne Lakes
Planning and Design Guidelines dated February 4,2004 specifically address such design in
Section 6. This paragraph states:
"Franchise architecture represents those building designed in such a
way as to make the services or good sold immediately recognizable
through the use of a specific architectural design, materials, and colors
of the building. These were first developed on or near high-speed
freeways where taking the time to read a sign would be too difficult.
Such designs are generally in conflict with the characteristics of
pedestrian oriented commercial storefronts, therefore, trademark
building are discouraged."
These design guidelines were utilized in Phase I and shall be readopted as part of the design
standards of this project. Among other specifications, the design guidelines state that all building
in Phase II shall be of the highest quality, using a combination of a minimum of20% brick and
stone throughout each building. In addition, design specifications were addressed in a memo
from our office dated October 28, 2005. In this memo, we made the following recommendations
regarding building design:
1. Approval of the preliminary plat shall not constitute approval of the building design.
Each building will be required to be approved through review of the Planning
Commission and approval of the City Council prior to the issuance of a building permit.
2. The buildings of Phase II shall be of the highest quality using a combination of a
minimum of 20% stone and brick throughout each building. The specific percentage shall
be determined by the Planning Commission and City Council. The same architectural
standards shall be required for all monument signage within the site.
3. The applicant shall submit color building elevations for the review and approval of the
Planning Commission at the time of site and building plan review.
4. The exterior finishes of the trash enclosure shall be compatible with the exterior
architectural features of the principal building. Additional screening will be required
around each enclosure.
5. Ifhipped or cross-hipped roofs are proposed, the applicant will be required to identify the
heating and air conditioning units within the site. Additional screening of these areas
shall be required.
49
6. No HV AC equipment will be allowed on the County Road 19 side of the buildings. All .
HV AC equipment must be property screened.
Location/Screening. Additional concerns regarding the use of franchise architecture relate to
view from the residential units located in the Planned Unit Development to the east of the Towne
Lakes development. Lot 2, where the drive-through restaurant is proposed, is located in the
northwest portion of the site on a comer lot. Due to its location, this building is screened from
the residential area by proposed buildings and landscaping. This issue has also been addressed in
our October 6, 2005 planning report which states, "All sides of the building must have the
highest degree of architecture and landscaping due to the location of residential uses to the east."
Signage. The City Council also expressed concern about the style of signage that is often
associated with drive-through restaurants. However, the exact type of signage that will be
allowed in the development shall be limited through a separate comprehensive sign plan,
required as part of the overall site. Detailed information related to sign size, lighting, and
additional locations within the site shall be submitted and reviewed as a separate application.
Resolution 2005-50 included restrictions on freestanding signs as follows:
1. The City will approve monument signs not to exceed 12 feet in height of 80 square feet in
area for individual lots.
2. A single area identification sign limited to 30 feet in height, or 200 square feet in area,
and the sign must be set back a minimum of 20 feet from all property lines.
.
The Shoppes at Towne Lakes Planning and Design Guidelines also address the issue of signage.
All signage will be reviewed for consistency with the selected "New England" design theme.
The design guidelines recognize that sign placement, materials, colors, and indirect lighting are
critical elements to the success of a unified plan. Therefore, specific guidelines may be enforced
to ensure that the signage is consistent with the overall design of the development.
Traffic. The location of Lot 2 would allow a restaurant with a drive-through to take advantage
of the fact that it abuts County Road 19 and will receive a great deal of exposure. However,
access to the site will occur via the private drive running north and south from 68th Street to West
Laketowne Drive. While it can be expected that in general, development will create more
traffic- flow, the increase in traffic is not seen as being reliant on the type of restaurant
establishment placed on Lot 2. It is expected that traffic volumes generated by the proposed
development are within the capabilities of the streets serving the property.
Size. Through the approval process of the First Amendment to the Master Planned Unit
Development/Conditional Use Agreement, the applicant always believed that the 4,000 square
foot restaurant was meant to be a replacement for the 3,800 square foot drive-through restaurant
on Lot 1, Block 1 in Phase 1.
In addition to the information outlined above, the applicant also feels that the City Council has
provided an unreasonable alternative in allowing for a 4,000 square foot restaurant, but not
.
50
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.
.
allowing that structure provide a drive-through. Not allowing the structure to have a drive-
through would ultimately limit it to a "sit down" type of restaurant establishment.
As outlined above, the "sit down" restaurant proposed for Lot 3 will be 8,000 square feet. This
is twice the size of that allowed for the restaurant in Lot 2. Another "sit down" restaurant was
built in Phase I of The Shoppes at Towne Lakes. This restaurant is roughly 6,300 square feet.
The applicant believes the City has put them in an unfavorable position by limiting them to an
unrealistic use of this lot. If the City allows a restaurant with a drive-through, the applicant
believes they would have a more reasonable use of the property.
CONCLUSION
The applicant is requesting the modifications to the City Council resolution approving the
Shoppes of Towne Lakes Phase II to allow the 4,000 square foot restaurant to have a drive-
through service window. Past actions appeared to recognize that the smaller restaurant would be
fast-food, replacing the similar restaurant in Phase I.
c: Bridget Miller
Mike Couri
Dan Tempel
51
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EXHIBIT.
~.
52
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.
City of Albertville
City Council Minutes
April 18, 2005
Page 7 of75
LEGAL
First Amendment to the Master Planned Unit Development/Conditional Use Agreement for the
Shoppes at Towne Lakes One
City Attorney Couri reported the main change to the First Amendment to the Master Planned
Unit Development/Conditional Use Agreement for the Shoppes at Towne Lakes One was:
Section 2 Addition of Paragraph l.W. of the Master Agreement - 1. W. ii. One of
such lots shall be of sufficient size to support a building of at least 8,000 square feet in
size and shall be restricted in use a "sit-down" restaurant otherwise permitted in the
City's B-2A zoning district. For purposes ofthis Agreement, a "sit-down" restaurant
means a restaurant in which customers seated at individual tables order and are served
food by waiters and/or waitresses and no more that a total of 15% of food sales are
pick-up, delivery, and carry-out orders which are eaten at off-premise locations.
Section 2 Addition of Paragraph I.W. of the Master Agreement - 1. W. iii. The
other of such lots shall be of sufficient size to support a building of at least 4,000 square
feet in size and shall be restricted in use to a restaurant permitted in the City's B-2A
zoning district.
Section 2 Addition of Paragraph l.W. of the Master Agreement - 1. W. iv. The
restaurant building referred to on said lots shall be freestanding, single use buildings
(i.e. each building shall be occupied by no more than one restaurant at any given time).
Council expressed concern in the area of the parking lot for the 8,000 square foot restaurant.
Council does not care for the shared cross-easement for the parking lot. Since D. Michael B's
has opened, it seems to have insufficient parking. They do not want another situation like this.
City Attorney Couri would re-word Section 2 Addition of Paragraph I.W. of the Master
Agreement - 1. W. ii. to address this issue.
Council was not in favor of the drive-thru proposed on the 8,000 square foot building.
City Attorney Couri noted the changes the Council wanted within this Agreement.
MOTION BY Mayor Peterson, seconded by Council member Berning to approve First
Amendment to the Master Planned Unit Development/Conditional Use Agreement for the
Shoppes at Towne Lakes One with the recommended changes. Motion carried unanimously.
I Exhibit B I
53
City of Albertville
City Council Minutes
April 18,2005
Page 8 of75
.
Administration
NEWSLETTER ARTICLES
City Administrator Kruse reminded Council about deadlines to submit information for the
newsletter.
WRITTEN REPORT
City Administrator Kruse let the Council know that the trip to Washington was very successful.
The Tinklenberg Group did a good job of coordinating the busy schedule.
City Administrator Kruse proceeded to report that the Building Department's move was a
success and things are working well. Council asked if the Building Department files could be
moved into one of the vacant offices to open up the meeting space at 5964 Main A venue. They
would also like to see if the temporary wall in the back of the building could be removed to open
that space up once again.
City Administrator Kruse reported that a resident has requested a street sign be placed in their
neighborhood for a child with autism. City Administrator Kruse suggested the City allow this .
and similar signs to be install if the resident pays for the cost of the sign and installation.
By consensus the Council suggested the City's policy should be that resident pay for the sign and
related materials and city employees do the installation. The sign should be removed when the
condition changes or five years whichever comes first.
City Administrator Kruse went on to notify the Council that Hack's Liquor was in violation
regarding a sale to a minor. City Administrator Kruse stated the owners will be invited to the
next City Council meeting to review this violation.
Council suggested amending the Liquor Ordinance to change the length of violations from 36-
months to 24-months. City Attorney Couri stated this could be accomplished through the
Codification process.
City Administrator Kruse stated that he will be meeting with a few of the business owners on
Main A venue to review signs and banners. Kruse had NAC complete a sign audit of the
downtown businesses and learned that some of the businesses which a wanting to use banners
and other non-approved advertising devices are not taking advantage of the amount of sign space
for approved signage. Staff will attempt to educate and inform those businesses that they have
other options to advertise rather than using the illegal banners.
.
I Exhibit B I
54
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City of Albertville
City Council Minutes
April 18, 2005
Page 9 of75
1-94 APPROVE S.E.H. TO PROCEED
MOTION BY Mayor Peterson, seconded by Council member Klecker to approve amending
S.E.H. contract increasing it by $15,000 to complete the access management request and related
work for 1-94. The new layout is to be called Option 4, which is Option 2C with the expressway
under CSAH 19 at a cost not to exceed $15,000. Motion carried unanimously.
Council directed staff to make sure the City's web site has an updated proposed layout as soon as
it is available. Council suggested possibly posting an updated layout at City Hall for public
viewing.
OTHER BUSINESS, MINUTES AND MATERIALS
JOINT STMA BOARD AGENDA
Mayor Peterson reminded the Council about the joint meeting with the City of St. Michael and
the STMA School Board set for Tuesday, April 19th at 6:00 p.m.
CITY HALL LAYOUT
Council directed staff to look at ways to maximize parking for the new City Hall and have the
architect come back with some layouts. Stormwater retention is also an issue, which needs to be
resolved.
ADJOURNMENT
MOTION BY Council member Fay, seconded by Council member Berning to adjourn at
9:12 p.m. Motion carried unanimously.
Don Peterson, Mayor
Bridget Miller, City Clerk
I Exhibit B I 55
CITY 0' ALBERTVJLI..&
FIRST AMENDMENT TO THE
MA.STJtR.PLANNED UNIT DEVELOPMENT J
CONDmONAL USEAGRIDfENT
morrIS AT TOWN L.4.KES ONE
TlDSAGREEMENT.-..Jimndda~day... of MAJJ. - 2005. by
and between Coatractor Property Developc:q Compaty, ~ aad
Granite City Inu<watiTe BuildcD, Inc., Allen R.. KolI<< and Julie A. Keller, husband
and wife, Ted R. Klein aDd lIDO B. Geers.~ Imsband aDd wife, WeDdeD D.
Timmer and Carla 1. 1'iInmel, h1:asbtud aDd Wife, Slcpbm 1.. Upsmn and Kacbleeq
A. Upgrcn, ~ IUd wife, and Lionel O. K.ulI and DdnJ. ICuU. husbaDd and
wife, aU coDecrively n:fcr.rocI to hcrcb:a as "Developc:r"; and 1bc ary OF
.ALBBR.TVILI.B, County ofWript, State ofMiD~ ...... re&ued to .
"Cay-;
WlTNESSETH~
WBImEAS, Coatractor Property Developers Compmy aDd the City have
entered Do m agreemeJIt titled City Of A1beItYiIle Muter plaftned Unit
DeveIopmr;D.t CooditioDal Use AgmemaIt Sboppes At Town Labs One ("Master
Apocmaj, &ad Pebrom:y 3,2004 and recorded in tbo oftioe oftbe Wright .
County ~. Wright County. MiD"~ as docnrut11l89639$; aDd
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~ Coutractor.~ ~ CoK.pa1lYbas pcovioos1:y
plaued Outlot D of Towne lAbs ~ Additioa II ~ in tho om.oe old. Wright
County Rcc:order, Wrisht CountyI .MiDneSOta: lad
'\VBEREAS, Coa1raetor Property Deweloperl CoqNmy has ooaveyed Let 1..
Bloct 1. Shoppes at Towne Lakes One 81 MCOrdecIlD the offioo otd1o Wright
1
EXHIBIT...C
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Couoty.~, Wdgbt County,. MimIesoIa" 10 Manchester ll, ILC BDd Graaite
City IanovaIivc BuiJc.fon, .1Dc. .. tcDaJnI m. DOIII1DOD, but CoIdractor Propelty
DcvoJopen Oapmy hu DOC. heea_eased by the City ftom DObtipti08l in
relation to said Lot I Block 1 \m6cx the ~ ~li ID4
'WBDlEAS, CaItnetor ~ly1leve1o,pea Company has ~ nidi
Outlot D~ Towao I.akcs S. Addition, to A..I1en R.. KcBer and Julie A. Keller, hulbad
and wi:fe. Ted R..lOeiD aadJaao B. <Jeers..1CJam. ~ and wife. WODdell D~
~ aod CarlaJ. nn....~, busbaud BOd wife,. Sto.Phcu.lL UppmaDd ICaCIalGeD
A. UpJRD. husband aod wife, and LiDDCI D. JC1dl1lld Dc:bIa J. KuD. husbead ad
~ u tcaaats in COBJIIIO!J; aod
'\VBItR.EA.S.:oeveloper1lDd City des~G to am.cmd the Muter ~
~ to'" CODSt:rucd.cm and opc:I1ltion of1'eSl.1lUI'aDt nqu.ired to be oonsII'W::ltcd
under tho Muter AsI~t; ad
WllERBA..St ~ and Ckf.iat..d 10 modify tho..... aDowocl OIl aid
Loc 1" Block t, Shoppas .Towae l.abs One w.m.m.t to ~ the 6:m.n \1M of
ad Outlot D. Towao Labs SO" Addi1:ioD upcm its plaiting asD.Ul:J:lba:cd loa aad
blocks; BDCl
\VIIEREA.S, CcmtaIoIor Property Devo1opem Coapmy as oriainaI rd(PNdOJY
10 d.Ic Manx ~eemcotha'siDoc tnmsiOrred I8id Lot 1, Block 1 to ~ n:,
LLC ad Graaite City lDoovati"", ~ lac.,
NOW, 'i'&EltRJORE, IT IS 1IEHB't' AND R'lmY(f( M1JTtJALLY
AaRmm,m ~otcach~lp:om.iaca and ~0tIS__ set
1brtb.u toI1ows:
1. V....t ~.......... It is die intent ot aU 01.. .parties to this ...gajDBIlt1bat
tlWJ Amen~ ~a A4Poemmt f'Amc:odcd Developarlls~MIl\eIlt"') and
ihe Mallia' ~6bI. 'be R8d ~ 10 deter.\1illllJ the rlJlds aacI ob6pDons of
the pII1'tics widl taIPCCt to 1bc ~PCdY COIDWI.ed withiD the ~ at TOWJl
IAInet Oae Plat. In.the evem of a COID~ betwoeD die WInIw of 1M Ma$t.w
AgNemcut and thiS .Ameo.dcd DcvcIopcr"s Agreanc:ut. dte tams of this
A1'Dc::oded Dcvdopel"'s .A.8rCCl:l1C\llt sball cca1I'Ol with sapcct to sucb coafIic:UnI
teImI.
:2.I.....~...t u(t-.........nU.K.~..... j.,....,..~ p~ IC.. olthc
Master A8J~ is hereby restated and tn'eDded to .reed. foUowt:
2
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E.. 1be uses on Lot 1 of Slid PlatslJall be limiW to a bank pamittcd UDder .
the CitrsB-2A ~ ordinance.
3. Adcl!floaotPan.~W..~.ut~-\ ThrJ
pan... 1. w. is het:eby. insetted hlto said Mastct ~~~
l~W. ~ ~ to ratric:t the UlIe oft'WO fDture lots 10 be pl8t1ed &am
Outlot D, Towne l.eba ~ Ad.diti.on. accordInc to 1hc plat of record. in 1he Gft'b of
1bc WrisbtCwutyRccordert Wrip.t County~ ~ ("OudotD") as follows:
lbDowq
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t.
At It1dl time as Developer .repIata any portioCl of ChJtJot D Into
mmba:ed lat$ UK! blocts. the Develop<< sbaD plata! least two
lots which stllll be l~ ill Ul!lC ., apocifiod ill ids ~
t.W.
o..c of such lots sbaD be or sumcJ.eut size to sappoaa bddmi
of at least 8.000 square feet irt sb:c. the buiIdias c:oostnlded. OIl
IUCblot sball.b. .. ..... 8,000 SCfI*O teet ba ala, such lot musl
~. alIl*ti". requiremcIntB per1be ~8 odDance
for 1be use. iD said. bWldiDg.. and theUIC of mdllot shall be
JesDidedtO a '~...cIown" 1'C8ta1mIDt od1e:rwise peanitted ill the
CitY. B--2A ZNlmg dis1rkt. Por purposes. oftbil Acreemeot, .
"sit dowa- ~ D'lCIm8 . :teStalInIIi in wbk:h ~
seated at iDdividual. &abies crdcr aad 8ft: ~ food by waiIas
and/or waitresses and DO D101'e t1:tq, a 10tII of 15% of food sales
arc pick~ delivery. and cany-oot 0Idcq which are .. at
ott-premise lOCIdioas. the bWIding ~ Oft Ibis lot shaU
DOt be pamitfed to baTe a drivooop window wba'c. customers
caa.~ orpidmp food fi:om. the:ir.ca.
"Ihe oCher of mdi lots shaU be of sufBcJmt size to ~a
"buildiq of at. klatt 4,000 9qQlII'e feet in :li2e) the buiJc:IiqJ
~ on such lot shall be .at least 4.000 ~ feet in
:size. and the use or $UCh 101 aball be Imbidcd to a ~U'1mf
permitted in ac City'. B-2A ZOIliDC disD:ict.
The: restmmutt 1JuiJ~ ~~ed to 011 said. loa sball be &ee
steDCHng, Iinpe UIIC bai~ (i.e. ... ~g shall be
occupiod by no IDOlC tbm OllOtUJtlmlUt at.., &fva1 time).
1be exact 1ocatioas aDd CODtipndiODl of such lots and the
rcataumnt bWldiqs OIl Oualut D are subject to approval by City
Couacil
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4.~r"'_llIY"".f~"1_ ~PIqIefty
Dmlopors Comp8Dy. IS .tWoIyto1hoMaster ~ ~ tome
modiIcatiaa oftbcMuterApeemalt as ~ herein.'
5. ~,..... Thia ~ sW1 be bhtcI.iq upan aod mend tothc
~ heirs, mccesson IDd -81'- of the patios hento.
Cl1Y or ALBEIll'VILLB.
Bx:~~
Its Mayor
BY.
CONTRAClOlfPJlOPERlY
DBVELOPBIlS COMPANY
.
~/v~
z. - . "'. h4olMI.. . . WIIdo
....~
e,.r
MANCHBSTBIl CRQml u. aCe
~~Q.']~
...... . ~e.u.. lIa.~
ns:l"~~ ___!:(,U
0llANlTB CItY lNNovATIVB BUDl)BI.S. ThlC.
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By~
Its:. ~~
.
.AIl..EN R. JCFJ 1.ERAND JULIB A.. KflJ.t t5R
AAe1~ .
~
~~~~.~~
Tell. ~
~. ~t ,\~
J E. Oeers-Kldn
WENOOLL 1>, 't1MMBllAND ~J.1'IMMI3R.
.
~tJ~
Wendo1l D. 'l1Mmel'
~Q..:::r~~
Carla i. Ti1nm<<
~
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UONBtD. trolL AND :OmlRAI.lWLt
(.., -~j .~
Lionel D. K11D ' .
. ~i4Jl:;2M/
J.1CuU
STATE OP YNNSSOTA ) l'tNA LOUI........
).. tOrMrJlUlUO........,.
CotJN1YOf' WlUGHr ) ...,~...-...-
1be besoWf inill'tU'.MGi was acb.owledpd befom me tbis ..l.t...~.
day of... W\44d. .200$, by Donald p~ .. Mayor of... City of
~ all'inneso1a. ~ 011. behalf of.. dt)t1Dd, puI'IlIIIDt to
'the ~ otb City.
~4~ kN4
.
ISTATEOF:MINNESOTA )
) sa..
COUNTY OF WRIGHT )
11HA lOUIIll.ANl8
rMY JIC.IIUC MIl.....
CiIMIa. ....... IN,,, ...L
The foreFta8 .~ 'Mil ~.
~~~~~=;.;=:,~::
1M ID1boril7 oftbe City eo.cn..
~ buu~i~~
'NowfPubHo
8TAmOP~1"A )
) $S~
COUNl'YOP U"'u.~ )
6
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The foa::goiDg insD:Umeot was aekDowIedpI before me 1his It''H
day ot. MA.'_. m.' 2005. by 1.. MlchMI W81O. as VlCO-~ of
Compmy.
~!~
.
STAm OF MrNNESOTA )
)ss,
COUNTY OF S~.... ~~
The ftnaoiDg iuIrumcat W8S ~ before .. this ~
dL{~~~,[u1::"r"'...I.It"1'~/~"
f~~~~~'),~'V.LD.L
STAn:! OF MINNESOTA)
)85.
COUNTY OF ",~/U. ....~ )
The .fuqoiDa ~. was acbowledpd bc6xrc D1C tbi8 ~ tit
day of ~~ 2OOS. by -..iUJ..1A'I ~ .'--fb 811
~l~..l)o.of~ City limovative BuiJdea" !no.
I.~~~ ~fiMy~~fJ.l~
.
STATE OF MJNN'EsOTA )
) IS.
<:OUNTY OF ~n ~ l-o...- ~ )
- _mnwh~~...wttS ~_Wore metbis.m-4~m. ~_
dAy.. of.. ~ II. ~ 2OOS. by Allen R. Kel1et and 1ulie A. Koller, h\JlblDci
BOO wife. .... .. .
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STAlB OPM1NNB8OTA ).
)ss.
COUNTY OF ~~~........ )
The ~ intlrumaJt wall ackDowh!dpd bc:Rn me this -9.:-
day of ~ ~ 't\ ... l' 2005. by Ted 1l KJdIl_I_B. Geen-KleiD.lD~
_ witt.
fl~~~ffy-~~~~~.~l~r~ ....
SIAm OF MINNBSOTA )
)SI.
COUN1YOF ~-\-.f\~ )
"I'be ~ ~WIS ~ tM:f<.n me tbiI. q tJ-...
~ ~ ~ 200:5. by W..wI D. 'J.1mmoc .. Carla 1. 11mmcr~
ll~!;~ ........~~.~6
STATB OF MINNBSOTA )
)n.
COUNTYOF~ )
Tbc foqoioa iDmm.mt wat acknowJcdgc:d bcbe me this q-w-
day of ~ 2OOS. by Stepbea R. Upana and K.atbIc:m A. ~
[li~J ..... C)..b ~_J~~
a
63
STArn OF MINNESOTA)
lss.
COONIY OF *'~tu),. .Nt 0 )
N*y Public
The fixqoina iDmummt was admowlqed beftft .. fhiI' 11 ~
dByof \..11\1\ tl -rr-. '.. 2OO~i 'by LioBc1 D.1CulI and.Debra J. KldL. h~..... . and
--:&:& -
W.UI;.
~,'b~,~tLb
Neary Pub1io '
[I~~
DRAFTED BY:
Couri D4~Law Oftice
P.O. Bax369
70S CamalAvenueEast
St. Michael, MN 55376
'12 1-1!)~O
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f18'fH STREHN.E.
$!
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.."",u ~_-'-_."'-":
IIT~ IN ~O~'1A."I~~;
~
Ilo\lili^1I' .
L.ft "l)' .
10M""
!Iri't'll' .
o ~~t?~ JLo-SITE PLAN
EXHIBIT D
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MEMORANDUM
TO: LARRY KRUSE, CITY ADMINISTRATOR
FROM: MIKE COURI, CITY ATTORNEY
SUBJECT: RESTAURANT RESTRICTIONS AT SHOPPES OF TOWN LAKES
FIRST AND SECOND ADDITIONS
DATE: DECEMBER 14,2005
At a recent City Council meeting, the issue was raised as to what restrictions were placed
on the restaurants that were to be located in the Shoppes at Towne Lakes Second
Addition. This issue has its beginnings in the Shoppes at Towne Lakes First Addition
plat.
When Towne Lakes First Addition was approved by the City, one of the conditions of
approval and one ofthe conditions in the Developer's Agreement was that Lot 1, Block 1
be used only for a restaurant. That site was designed for a building of approximately
3,800 square feet in size, with a drive-through window. Sometime after the Developer's
Agreement for that plat was signed, the Developer approached the City asking that the
restaurant restriction on this lot be removed so that a bank could be built on that property.
This request was considered at the March 21, 2005 and April 18, 2005 meetings. At the
March 21st meeting, the City Council generally approved of the idea, provided that the
Developer agreed to restrict the uses on two lots in Shoppes at Towne Lakes Second
Addition to free-standing restaurant uses, and provided the Developer provide more
details as to which lots would be restricted and how those lots would be configured.
Although the minutes do not reflect the type of restaurants being considered (sit-down vs.
fast food), my recollection is that we discussed restricting the lots in the Second Addition
so that we would end up with one sit-down and one fast food restaurant. Staffwas
directed to prepare an amendment to the Developer's Agreement for Council
consideration.
After that meeting, Al Brixius and I spoke about restaurant building sizes. We had both
heard from Dave Hemple that CPDC had trouble getting a sit-down restaurant to locate in
the D. Michael B's site because the maximum building size of6,500 that the lot could
accommodate was too small. We also talked about what minimum size we would want
for the fast food restaurant with the idea that we wanted the restaurant to be big enough to
accommodate a number of the usual fast food restaurants that commonly locate in the
suburbs. Based on AI's experience, he suggested minimum building sizes of 8,000
square feet for the sit-down restaurant and 4,000 square feet for the fast food restaurant.
These numbers were inserted in the draft Developer's Agreement Amendments.
1
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The Council considered the Developer's Agreement Amendments at its April 18, 2005
meeting. The Amendment called for an 8,000 square foot free standing building to be
restricted to sit-down restaurant use (no more than 15% of its sales as pick-up, delivery
and carryout). The Developer proposed a drive through window and lane for the 8,000
square foot restaurant, and the minutes reflect that the Council was not in favor of the
drive through on the 8,000 square foot building. The no-drive-through restriction for the
8,000 square foot building was added to the Amendment.
The Amendment called for the 4,000 square foot building to be "restricted to a restaurant
permitted in the City's B-2A zoning district." No other restrictions were placed on this
building.
The Amendment was approved by the City Council and has been signed by all parties.
Copies of the Amendment are attached.
Because the Shoppes at Towne Lakes Second Addition plat requires approval as a PUD
due to its lot and road configuration, the City Council has the authority to prohibit drive
through windows at both restaurants. However, that would run counter to the
Developer's expectations (as well as Staffs' assumptions) from the restaurant/bank swap
negotiations and would likely make it very difficult for a strong, stable fast food
restaurant to locate on the site and have a viable chance of making it there in the long
term.
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12/15/2065 15:11
PAGE 62/El7
763-497-259'3
COURI MACARTHURRUAPE
CITY OF ALBERTVULE
FIRST AMENDMENT TO THE
MASTER PLANNED UNIT DEVELOPMENT /
CONDITIONAL USE AGREEMENT
SHOPPES AT TOWN LAKES ONE
THIS AGREEMENT, entered into this ~ day of UnLl1 2005 by
and between Contractor Property Developers Company. Man~c and
Granite City Innovative Builders, Inc., Allen R. Keller and Julie A. Keller, husband
and wife, Ted R. Klein and Jane E. Geers-Klein, husband and wife, Wendell D.
Timmer and Carla J. Timmer, husband and wife, Stephen R. Upgren and Kathleen
A. Upgren, husband and wife, and Lionel D. Kull and Debra J. Kull, husband and
wife, all collectively referred to herein as "Developer"; and the ClTY OF
ALBERTVILLE, County of Wright, State of Minnesota, hereil1after referred to as
''City'';
"1TNESSETH:
WHEREAS, Contractor Property Developers Company and the City have
entered into an agreement titled City Of Albertville Master Planned Unit
Development Conditional Use Agreement Shoppes At Town Lakes One ("Master
Agreement"), dated February 3,2004 and recorded in tbe office of the Wright
County Recorder, Wright County, Minnesota, as document 896395; and
WHEREASJ Contractor Property Developers Company has previously
platted Outlot D of Towne Lakes 5th Addition as recorded in the office of the Wright
County Recorder, Wright County, Minnesota; and
WHEREAS, Contractor Property Developers Company has conveyed Lot 1,
Block 1, Shoppes at Towne Lakes One as recorded in the office of the Wright
1
12!15/20a5 15:11
763-497-2599
COURI MACARTHURRUPPE
PAGE 04/e7
e'
K. The uses on Lot 1 of Said Plat shall be limited to a bank permitted under
the City.5 B- 2A zoning ordinance.
3. Add.do. of ParalmlDh 1. W. of tile Master AJzreement. The
paragraph 1. W. is hereby inserted into said Master Agreement:
following
e
1. W. Developer agrees to restrict the use of two future lots to be platted from
Outlot D, Towne T.&kes Sth Addition, according to the plat of record in the office of
the Wright County Recorder. Wright County, Minnesota, ("Outlot Dn) as follows:
i. At such time as Developer repla1s any portion of Outlot D into
numbered lots and blocks, the Developer shal11'lat at least two
lots which shall be limited in use as specified in this pamgraph
I.W.
it One of such lots shall be of sufficient size to support a building
of at least 8,000 square feet in size, the building constructed on
such lot shall be at least 8,000 square :feet in size, such l(lt must
accommodate all parking requirements per the City's ordinance
for the use in said building, and the use of such lot shall be
restricted to a "sit-down" restaurant otherwise permitted in the
Citfs B-2A zoning district For purposes oftbis Agreement, a
"sit down" restallr8nt means a restaurant in which customers
seated at individual tables order and are served food by waiters
and/or waitresses and no more than a total of 15% of food sales
are pick-up~ delivery, and carry-out orders which are eaten at
off-premise locations. The building constrUcted on this lot shall
not be permitted to have a drive-up window where customers
can order or pickup food from their cars.
iii. The other of such lots shan be of sufficient size to support a
building of at least 4,000 square feet in size~ the building
constructed on such lot shall be at least 4,000 square feet in
size. and the use of such lot shall be restricted. to a restaurant
permitted in the City's B-2A zoning district
iv. The restaurant buildings referred to on said lots shall be free
5tanding~ single use buildings (Le. each building shall be
occupied by no more than one restaurant at any given tmle).
v. The exact locations and configurations of such lots and the
restaurant buildings on Outlot D are subject to approval by City
Council.
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12/15/2005 15:11
PAGE 03/ EH
763-497-2599
COURI MACARTHURRURPE
County Recorder, Wright County, Minnesota, to Manchester II, LLC and Granite
City Innovative Builders, Inc. as tenants in common, but Contractor Property
Developers Company has not been released by the City from its obligations in
relatiotl to said Lot 1 Block 1 under the Master Agreement; and
WHEREAS, Contractor Property Deyelopers Company has conveyed said
Outlot D, Towne Lakes 5th Addition, to Allen R. Keller and Julie A. Keller, husband
and wife, Ted R. Klein and Jane E. Geers-Klein, husband and wife, Wendell D.
Thnrner and Carla J. Timmer, husband and wife, Stephen R. Upgren fUl.d Kathleen
A. Upgren, husband and wife, and Lionel D. Ku11 and Debra 1. Ku11, husband and
wife, as tenants in common; and
'WHEREAS, DevelOpcT and City desire to amend the Master Agreement
relating to the construction and operation of restaurant required to be constnlcted
under the Master Agreement; and
WHEREAS, Deyeloper and City intend to modify the uses allowed on said
Lot 1, Block 1, Shcppes at Towne Lake! One and intend to restrict the future use of
said Outlot D, Towne Lakes Stl\ Addition 'Upon its platting as numbered lots and
blocks; and
"'lIEREAS, Contractor Property Developers Company as original signatory
to the Master Agreement has'since transferred said Lot 1, Block 1 to Manchester II,
LLC and Granite City Innovative Builders, Inc.;
NOW, THEREFORE, IT IS HEREBY A.ND HEREIN l\fUTUALLY
AGREED, in consideration of each party's promises and considerations herein set
forth, as follows:
1. Intent of the Parties. It is the intent of all of the: parties to this agreement that
this Amended Developer's Agreement ("Amended Developer's Agreement") and
the Master Agreement be read together to detennine the rights and obligations of
the parties with respect to the property contained within the Shoppes at To\\'n
Lakes One Plat. In the event of a conflict between the terms of the Master
Agreement and this Amended Developer's Agreement, the texms of this
Amended Developer's Agreement shall control with respect to such conflicting
terms.
2. Restatement ofPara2rBoh 1.1{. Dfl\faster Asr:reement. Paragraph K. of the
Master Agreement is hereby restated and amended to read as follows;
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12/15/2005 15:11
"763-497-2=99
COURIMACARTHURRURPE
4. Consent o( Contractor PrODertv Develooers ComDBDV. Contractor Property
Developers Company ~ as signatory to t:b.c Master Agreement, consents to the
modification of the Master Agreement as contained herein.
5. MreemeDt Effed. This Agreement shall be binding upon and extend "to the
representatives~ heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE.
BY~~~ 'fJ;t~
Its Mayor
By
CONTRACTOR PROPERTY
DEVELOPERS COMP A..'I'ltfY
~~w~~
Its Vice-President
wr
MANCHESTER OR~ II. LLC
,~
By k I m,.M.e,.e
Its: ().If.~.~~~_
GRANITE CITY INNOVATIVE BUILDERS, INC.
4
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12/15/2005 15:11 763-497-2599
COURI MACARTHURRURPE
~ti:~
ALLEN R KELLER AND JULIE A. KELLER
~
Allen R. Keller
kha
Jr. Keller
TED ;Z:;Z" ,GEERS-KLEIN,
RGL_\~
WENDELL D. TIMMER AND CARLA J. TIMMER
lAJ~JiU OL~
Wendell D. Timmer
Carla J. Timmer
5
PAGE 66/67
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12/15/23~5 15:11
COURI MACARTHURRUPPE
PAGE 07i07
763-497-2599
LIONEL D. KULL AND DEBRA J. KULL
h- 4 ,~~
Lionel . utI
. ~ 0. '::k4/
ne6ra . Kull t7 '"
STA'IE OF :MINNESOTA )
) 55.
COUNTY OF 'WRIGHT )
The foregoing instrument was acknowledged before me this ---' 'l ~
day of JVl ~ ' 2005, by Donald Peterson as Mayor of the City of
Albertville, a . esota municipal corporation, on behalf of the city and pursuant to
the authority of the City CouDcil.
TINA L.OUIS! LAHNES
~'OTAI1" PU8LIC-MlflIHIIO'l'A
My Ccinm. bp. Jan. 31, aCXlI
~~ ..~ JCbrVnU-
NotaIy Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _I q ~.
day of ~ ' 2005~ by Bridget Miller, as Clerk of the City of
AlbertVille. a . esota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
~ ~ ~NA
Notary Public
"NA LOUl8! l.ANNJI
IolOTAII~' PUeUColllNNIIQTA
My Comm I!xll, Jill. '1 r 200t
STATE OF l\1INNESOTA )
) 55.
COUNTY OF ~....""~'c'
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NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202. Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
MEMORANDUM
TO:
Larry Kruse
Bridget Miller
Mike Couri
FROM:
Alan Brixius
DATE:
November 16, 2005
RE:
Albertville - Development Fee Update
FILE NO:
163.05 - 05.13
Attached please find an amendment to the Albertville Zoning Ordinance pertaining to Section
100.lO.A, Fees, Charges, and Expenses. Staff review of the 2005 charges revealed a need to
update the fees and escrows for home occupations, land filling permits and land excavation and
grading permits to cover the actual expenses incurred by the City in the processing of these
applications.
Since the fees are identified in the Zoning Ordinance, we must process them as a zoning text
amendment with a public hearing. Please publish the necessary notice of public hearing for the
December Planning Commission meeting. This will then proceed to the second Council meeting
for its adoption before the end of the year.
These development fees are also identified in Ordinance 2004-22, which is also being amended.
We understand that the City Attorney is preparing the amendment for this ordinance.
If you have any further questions or changes pertaining to this item, please contact me at your
convenIence.
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2005-08
ORDINANCE AMENDING SECTION tOO.tO.A, FEES, CHARGES, AND EXPENSES OF
THE ALBERTVILLE ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 100.10.A, Fees, Charges and Expenses, of the Albertville Zoning
Ordinance hereby amends the following permit fees:
Section Subject Proposed FeelEscrow
1600.3.A Home Occupation $150
1800.2.A Land Filling Permit $200 / $500
1900.3.B Land Excavation, Grading Permit $200 / $500
SECTION 2. Effective Date. The fees set out in this ordinance shall be effective beginning
January 1, 2006.
PASSED this 19th day of December 2005.
Don Peterson, Mayor
ATTEST:
Bridget Miller, City Clerk
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E30L TOI'J &. ~ E: I'J J<, II'JC.
Consulting Engineers & Surveyors
2638 Shadow Lane, Suite 200 · Chaska, MN 55318
Phone (952) 448-8838 · FAX (952) 448-8805
MEMORANDUM
Date: December 13, 2005
To: The Honorable Mayor and City Council
Cc: Larry Kruse, Albertville City Administrator
From: Mark D. Kasma, P.E., Albertville City Engineer
Bolton & Menk, Inc.
Subject: Project Status Update
The following is a brief project status update:
1. Outdoor Hockey/Skating Rink
The finish grading of the disturbed turf areas and turf restoration will be completed in
the spring.
2. Hunter's Pass Estates
The start-up of the lift station will take place as soon as the electrical service
installation has been completed. The lift station is expected to be fully operational
within the next two (2) weeks. Also, the general contractor is completing grading
excess topsoil on various areas of the site.
3. Shoppes of Towne Lakes - Phase II
Mass grading has begun on the streets and parking lot areas. We do not anticipate
any underground construction until the spring of 2006.
4. 57th Street N.E. - Sidewalk and Road Widening
Preliminary cost estimates have been prepared for the addition of sidewalk and street
widening along 57th Street from Main Avenue to 520-feet west.
5. Linda Pauling - Drainage Issue Discussion Topics
. History
. Benefit
. Project Specifics
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MEMORANDUM
Date:
December 13,2005
TO:
City Council
FROM:
Larry R. Kruse, City Administrator
RE:
General Update
1. ARENA: Walls are up and the roof has been installed. The contractor continues to have
the goal to achieve substantial completion by year-end. Things are going well!
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2. 1-94: Mike Bettendorf will be completing his Knecht! appraisal prior to year-end. On
Tuesday, I met with the 1-94 Chamber and made a presentation to the Transportation
Committee. They are planning on adopting three major transportation projects and
helping us lobby for funding.
3. ANNUAL REPORT: In January, I will be compiling a 2005 annual report.
4. OUTDOOR RINK: The outdoor rink is working and appears to be getting lots of use.
Tim Guimont stated that a group is interested in scheduling a Thursday night broomball
league. They would collect a small fee to get exclusive use of the rink that evening. It
was suggested that the fee be reasonable such as $50 per player for the season, however if
they do not clean up after themselves they would be assessed additional fees. Council
input would be appreciated.
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November 23, 2005
RE: Gerhardt Knechtl
ALTAlASCM Survey, Albertville, MN
Agreement for Professional Services
SEH No. P-ALBEV0602.00 1
Gerhardt Knechtl
c/o Kim Eckert
Realty Executives
11284 86th Avenue North
Maple Grove, MN 55369
Fax: 763.657.2101
Dear Kim:
This letter constitutes an Agreement for Professional Services between Gerhardt Knechtl,
Owner, and SEH for providing professional services in connection with an ALTAI ACSM Survey
and plat of part of Government lot 6 & 7, Section 36, T121, R24, Wright County, City of
Albertville, MN (hereinafter called the "Project").
You agree to furnish us with full information as to your requirements including any special or
extraordinary considerations for the Project or special services needed, and also to make
available all pertinent existing information and data that we will need to perform our services.
Our services will consist of: an ALTAI ASCM survey of the property in accordance with the
Minimum Standard Detail Requirements as attached. Prepare documents needed to plat this
property into 3 lots.
You will pay us a fee for our services related to the Project, currently estimated to be $9,250.00.
Not included in this fee are any of the optional ALTAI ASCM items listed in Table A as attached,
any costs for final plat recording documents (hard shells and mylars), meetings with governing
authorities and recording fees, or final plat checking fees for Wright County.
You agree to pay us an up-front retainer of $1000.00. This amount will be applied to the final
invoice for the work. The City of Albertville may reimburse a portion of this fee upon
completion of the platting process.
We will also furnish such Additional Services as you may request. Payment for additional
services shall be based on the time required to perform the services and the billable rates for the
principals and employees engaged directly on the project, plus charges for expenses and
equipment, all in accordance with Exhibit C-l.
We will bill you monthly for services, expenses, and equipment. The estimated fee assumes
prompt payment of our bills and the orderly and continuous progress of the project through
construction. If there are delays in the payment of our invoices and if we agree to continue
working on the project, it is agreed we are entitled to collect, and you will pay interest at the rate
of 1 % per month for all amounts unpaid for thirty (30) days or more. Additionally, if the project
73
Gerhardt Knechtl
November 23, 2005
Page 74
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is delayed and we encounter additional costs as the result of the delays, it is agreed we are
entitled to additional fees upon submission of the appropriate documentation of extra costs.
We will start our services promptly after receipt of your authorization and will complete our
services within 3 months. If there are delays in the Project that are beyond our control, you agree
to grant additional time to complete the services.
Your budgetary limitations for construction of the Project should be provided to us in writing at
an early date. We will endeavor to work within those limitations. If you request, we will submit
periodic estimates of cost during the design phase of our services to give you our opinion of the
probable cost of the Project. Where appropriate, if the estimated cost exceeds the budget, we will
either request an adjustment in the budget or suggest a revision in the extent or quality of the
Project to assist in bringing construction cost back within the budget. We do not guarantee that
our opinions of probable construction cost will not differ materially from negotiated prices or
bids. If you wish greater assurance as to probable construction cost or if you wish formal
estimates, an independent cost estimator should be employed.
You agree, to the fullest extent permitted by law, to limit SEH's total liability for any and all
claims, expenses, or damages in any way related to the services provided under this Agreement
to the total sum paid to SEH for providing these services.
If conflicts arise during the performance of these services, we agree they shall be submitted to
non-binding mediation unless we have mutually agreed otherwise.
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SEH reserves the right to suspend work if invoices past 30 days are not paid. Further, SEH
reserves the right to retain products of service until all invoices are paid in full. SEH will not be
liable for any claims ofloss, delay, or damage by Owner for reason of withholding services or
products of service until all invoices are paid in full.
This letter and attachments represent the entire understanding between you and us in respect of
the Project and may only be modified in writing signed by both of us. If it satisfactorily sets forth
your understanding of our agreement, please sign the enclosed copy of this letter in the space
provided below and return it to us.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Al Ras, RLS
Project Manager
Curtis 1. Kreklau, PE
Sr. Transportation Engineer
Accepted by:
By:
Date:
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Authorized Client
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Exhibit c.1
to Agreement for Profusion.' ServIces
s.tw_rt Gerh~ Kneclrtl (Owner)
and
Short elliott Heftdrlcbon Inc. (SE~
Dated November 23,200S
p~nts to SEH for ServIces and Dpen-
Using .. Hourly ....s Option
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The ~emeDtforPlohkmal Services it ImC:O.ded and
mppIemeated to include *= fOllowing ~ of the
~
A. Hourt)' B.... OptIOn
Tho Owner and SEll sdect die baud)' bui$ far
pa)'IDeDt for ~ ptoricIed by sm. smllWI be
~ mondI1y. Mamh1y charga :for IIm'icel
shall be based on SEW. current bi1lina ...foe
applicable empIoyn:t plus cbarps for C1l.Jl'lIUCI .,
eqDip:meDl. Current bill... rates shall be either the JlaIe
Table Method M Actual Billin8 Rates of~
Method I. ~ ja the Supplemlmtal Letter
ApmeDt.
1. Rate TUIe Method - QmeDt-bllling ntR for
employees aban be tbc:Ite Ii*<<t OIl a SblIIiWd rate
table submi.ttel:1 -' appoved u pert of this
AgreemImt. Tbc ~ rates in die appnm:d
t8Ie 1IIh1cs shaD include dJe CClIIt of ~ IIDd
ceUulat phone.. The east of oilier oponICt ...,
~ shan be paidf'or IS reimlmn:able
expensel al idemit1ed m Puapphs B and C of
this Exhibit (;,1.
2. Aetad BUIabIe bteI of Pentmnel M~ -
Applicable billinc rates or ~ sid be
baed on 1bc ICtual payroll rates of perIOIJDtl
times a DlWpIicr pIuI the cost of expeases. ancl
oquipment oudiDecl m ~ B and C of this
Exhibit 0.1.
SBH willprovick an c:stimate of the coct& for servioea
in this Ag,reemeDt. It is agttCld that dtt' 90% . of the
estimated compensation hu be<<!. earned and if it
appem: that <:omp1etion. of the l1tn'ices cannot be
accompIisbed within the ~ 10% ot' 1bc
estimated compeusatioIl. SHH will notifY the Owner
md center with rcpreteIlfatives of the Owner 10
delmnine the basis fOr ~ the 'Illl'Od:.
Compensation to SEll hued 011 the Ram Table Method
is conditioned OD ~letioft of tile wortwithiD Ibe
effective period of the rate table. SbouJd the 1ImIJ;
required to complete the .wort be emaded beyond this
period, the raJa in tB Ra1e Tole JbI11 be
&ppI<lp:llAlCdy IldjuDed.
B. Other ProvllliOM Concern'n. Pa)m....
t. ~ will be prepmcl In llCCOldance. with
SEErs standard hwom., praetices and will be
mbmiIIedmonthly to Owur by SEll. unleu
othcrwJle qreed.
2. InvoU:a are due and payable within 30 dayl 01
n:eeipC. If Owner f'aib 10 IDIke lIlY paymcot due
SEH IiIr serricel aDd apenses wi1bin 30 dlya
after ..~ of sm', iDwice tbeRifor, tbe
amoums due SEll wiD be incteued It ... raw of
1.0% fer' momh (or the muimum rate of interest
pcmm_ by law~ifl_) Itom $lid tbirtied1 day.
SEH may.. after cMna Ie'" Oa)'$ wrlttcm. notke
10 Owner, .~ services under thU Apment
md SEll hat bee1\ paid in fuD aU aID('IIUIdI due
for ~ ~ aDd o1ber rUte4 chqa
PayDICIIltI1YiU be credited tint to intereIIlt lmd1bm
to ptiodpal. Jl'urtha; SBH l'ClIIUVC$ the rig1tt to
retain ptoducts of service until aD ~ are
paid ill MI. SEH win not be liable for my ~laims
of loss, delay, or <lama. by Owner mr reallOI1 of
~ uMCCS or procJods of sarvic:e until
aU mV'O_ II'Cl paid la iWl
3. In dD event of . disputed or ~4i11YOice,
oaly that portioA $0 ccmtelted _y be witbbe1cl
from pIYIIIIIJ1t. IIDd the dillpUled .portioa will be
paid.
4. ShouW tauI, re. or CClSIS be ~ 6ey &hall
be i:a IckIiIi!m .. SEWs estimItcd total
compensation.
C. exp....
The .foUowDta iIcma Involve ~ made by
SEH ~ or prore_ional c:onMtaDts oQ behalf
of. Owur. Their com are not iDcluded.la. tbe hoorly
cbII]IU Imdc for l1tn'ices and shaD be ,..d for ..
described in dUJ Apeemem.
t. Tnmsj)(Mlld:iatland trawl elqJC(I1IA.
1. ~ end meal upcnae ~d with 1M
ProjcQt
3. FCC$ paid, ill the name of the Owm;r, tor sec:uring
approval of nthoriti. havio& jurilldktion over
hl Projeet.
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Short Elliott Hendrilckaon lnc.
(Form 121131'04)
Gertumft KnBChl
ElIhlblt c..1 . 1
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4. Report, plan and spccifiCIti.on reprodudion
I:~.
S. other sptdal expense$ requ.indm ~Oft
with the Project.
6. the cost. of $ptlCial conmlwrts. or tccl:1nieal
$<<'Vices IS required. Tbc coat of m~
$Cl'\'ic:es shall include actual expenditure plus
10% markup for tbeeoJt of admiDisttatioD and
insurance.
'l'be Owuer.shaU pay SBHmontbly for expem8.
P. Equlpment UtiU.atlon
Tbeutilization of specialized equipment. iol;luditta
IWfOmatlon equipment. is I'C~ as beaefitina the
Owner. 1'hc 0w1w, tberefoG. ~ to pay lbc COlt
for the use of $Ul;lb specialized equipment on the
project. SBBinvolct$ to the o.mcr will contain
detailed jn(<<mation ~tbe use of speeialized
equ.ipment ontbe project and dwgel will be based on
the sW:idlmi rates for the equipment publisMd by SElf.
'The Owner shan pay SEH mootbly for equipment
utilization.
Emlblit c.1 . 2
Gerhardt Knech1I
Short Elliott Hcmdrtckson Inc.
(FOlID 12.113/04)
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