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2004-06-07 CC Packet,Albert 011c SivouM To urn LWkvW ft ON UN6 ALBERTVILLE CITY COUNCIL AGENDA June 7, 2004 7:00 PM 1. CALL TO ORDER = ROLL CALL — ADOPT AGENDA 2. MINUTES a. May 17, 2004, City Council Meeting (pg 4-8) 3. CITIZEN FORUM - (10 Minute Limit) 4. CONSENT AGENDA a. Approve payment of claims check number 19788 to 19844 (pgs 9-15) b. Approve Entering into a contract with. S.E.H. for Plans and Specifications for the CSAH 37 Trail at an hourly rate not to exceed $16,000. c. Adopt the Resolution entitled the "Wright County Cities Policy Statement" (pgs 16 ) d. Accept S.E.H.'s Engineering recommendation and authorize payment number one (1) to Matt Bullock Contracting Company in the amount of $6,631.00 for the Albert Villlas Park.. e. Accept a donation of gambling funds from the Albertville Lions in the amount of $1,592 and make a donation to the Albertville Queens Committee for $1,592. f. Accept a donation $500 donation from the STMA Youth Hockey Association representing approximately 5% of the concession proceed in the 2002-2003 season. g. Authorize staff to proceed with legal collection measures against Kenco, Pilot Land Development and Woodside Communities. h. Approve S.E.H's recommendation for pay request #6 to Rolstad Costruction and Hard Drives in the amount of $11,957.80for 2002 Frontage Road Project i. Approve an application for allon-Intoxicating Malt Liquor License for Smackdowns on June II and'`12th. j. Approve an application for a Non -Intoxicating Malt Liquor License for Geez on June 11 and 12`}'. k. Accept a $4,000 gambling donation from the Albertville Lions for Albertville Friendly City Days expenses. 1. Approve Off -Sale Intoxicating Liquor License for West Side Liquor of Albertville (replaces Albertville Off -`Sale Liquor license) m. Approve an application for a Non -Intoxicating Malt Liquor License for the Albertville Lions on June 11 and 12th in the park n. Approve S.E.H.'s recommendation to accept the low bid of Century Fence Co. in the amount of $7,936.00 for the 2004 Primary School Ball Fields Fencing. o. Approve the City Administrator purchasing,a Laser Fiche Document Imaging System with . an amount not to exceed $16,000 with funds coming from the technology budget in the Public Works Facility Bond. p. Approve hiring Burlington Northern Santa Fa Railroad to clean railroad ditch east of main on June 28a' at an hourly rate not to exceed $10,000 with fund corning from the storm water fund. q. Approve Plans and Specifications for the 50th Street Trail and authorize S.E.H. to bid the project for construction this summer. r. ` Authorize the City Administrator to purchase permanent easements for the.50a' Street Trail at an amount not to exceed $1.38 per square foot. s. Approve City Attorney Couri calling for an abstract for the City owned Industriallots. t. Authorize City Engineer to complete a survey of City owned Industrial lots delineating the wetland identifying net useable land. U. 5. ACTION ON PULLED CONSENT ITEMS 6. PUBLIC HEARINGS a. Wright County State Aid Highway 19 Improvement Assessment Hearing and Resolution adopting assessment. (pgs 17-18) b. Sewer access charges for the D. Michael B's restaurant Assessment Hearing and Resolution adopting assessment. (pgs 19-20) • c. Sewer access charges for the Country Inn & Suites Motel Assessment Hearing and Resolution adopting_ assessment. (pgs 21-22) 7. Prairie Run Project a. Approve Prairie Run Development Agreement including the farming term. (pgs 23-34) b. Approve Assessment Agreement for Heuring (pgs 35-37) c. Approve Assessment Agreement Duerrs Watercare Service (Finken) (pgs 38-41) d. Approve Assessment Agreement for Gold Key Development (pgs 42-44) e. Authorize purchase or stormwater pond easement from Heuring f Approve the Final Plat of Prairie Run (pgs 45-49) g. Adopt Resolution awarding the Prairie; Run Improvement --Bari contingent upon all agreements signed. (pg 50) 8. STMA Arena a. Approve a Construction Management Agreement between STMA Public Schools, City of St. Michael and Albertville subject to approval by other jurisdictions. (pgs 51-53) b. Approve a Architectural Proposal and Contract pending jurisdictional approval of joint contract in (a) with S.E.H. at an hourly not exceed $40,000 pending receipt of $40,000 from the STMA Youth Hockey Association. c. Authorize the City Administrator to enter into an agreement with Commercial Appraisal to appraise the 1.5-2 acres parcel owned by the Barthels south of the arena at a cost not to exceed $1,000 with funds coming from STMA project fund. 2 9. DEPARTMENT BUSINESS a. Street & Park Department Report (pgs 54) b. Water/Sewer Report (None) c. Planning &'Zoning 1). Wright -Hennepin Electric Substation CUP (pgs 55-61) a). Approve Findings of Environmental Assessment (pgs'62-63) 2). Approve site and building plan approval Towne Lake Swimming Pool CUP for off site parking for the Towne Lakes Swimming Pool, Development Agreement Amendment. (pgs 64-71) 3). Approve Conditional Use Permit for Public Works Facility (pgs 72-76) 4). Karston Cove I11(73-113) d. Engineering 1). e. Legal 1). Approve a Industrial Park Purchase Agreement (Sale of City Lots) with trigger for street and utility improvements. (pgs 114-123) 2). 1-94 Access Agreement with St. Michael (pgs 124-126) 3). 5e Street Trail Easements 4). Noise Ordinance (pgs 127-128) 5). Liquor Sales (pgs 129-131) f. Administration 1). Written Administrative Report (pgs 132-134) 2). Set a special meeting toreviewthe 2003 Audit Report and City Hall Project. Suggested dates are Monday June 28, Tuesday June 29 or Wednesday June 30t'. 10. OTHER BUSINESS 11. OTHER MINUTES AND MATERIALS: Joint Powers Minutes P& Z Minutes 12. ADJOURNMENT 3 City of Albertville Minutes May 17, 2004 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Councilmember's LeRoy Berning, Tom Fay, Dorothy Rich, and Ron Klecker, City Engineer Pete Carlson, City Planner Al Brixius; City Attorney Mike Couri,'and City Administrator Larry Kruse. Absent: None Mayor Peterson called the City Council meeting of the City of Albertville to order at 7:00 p.m. MINUTES: MOTION BY Councilmember Klecker; seconded by Councilmember Berning to approve the minutes of May3rd and May 41h. Motion carried unanimously. AGENDA: MOTION • BY Councilmember Rich seconded by member Coun it c Klecker to approve the agenda adding the following items: • I-94 Access Permit Update by S.E.H. • Electronic Records Retention System Presentation o Stan's Storage — Clean-up letter. • Community National Bank -Fraser Steel Subordination Agreement Motion carried unanimously. CONSENT AGENDA: MOTION BY Councilmember Klecker, seconded by Councilmember Berning to approve the following consent agenda. a. Approve payment of claims check number 19737-19769. b. Approve Public Works Facility Design and Construction Payment No. l to Ebert Construction for this project in the amount of $141,075.00 as per the City Engineer's recommendation c. Approve Resolution number 2004-144 Establishing Scholarships and Awards to the Albertville City Royalty. d. Approve closing streets identified in the Albertville Friendly City Days letter dated May 1, 2004. Motion carried unanimously. �f PULL CONSENT ITEMS: None CITIZEN FORUM: WRIGHTCOUNTY COMMISSIONER EICHELBERG: County Commissioner Elmer Eichelberg attended the meeting at the invitation of City Administrator Kruse. Eichelberg stated he was glad to see the City Administrator's of Wright County meeting on a regular basis and promoting better communication with the County Board and County Department Heads stating it is long over due. Mayor Peterson stated before the City of Albertville adopts the "Wright County Cities Policy Statement" he wanted to insure that Commissioner Eichelberg understood that although annexation is one of the reasons this document was initially developed, that it was not the driving force behind Albertville supporting it, as other important issues are contained in the document. Albertville did not want to get involved in the annexation issue and have that cloud other opportunities for the City and County. Commissioner Eichelberg stated he was the lone supporter of the County not getting involved in the County taking an annexation position. Commissioner Eichelberg supports the cities' organizing and working with Wright County to manage growth. SHERIFF'S REPORT' Deputy Chad Torkelson was present and made a brief statement about past activities at the skate park and other general law enforcement questions from the City Council. PARKS CSAH 37 TRAIL IMPROVEMENT MOTION BY Councilmember Berning, seconded by Mayor Peterson to Authorize S.E.H. to develop plans and specifications for the CSAH 37 Trail. Motion carried unanimously. PUBLIC HEARINGS: None PLANNING: HEIDI'S MARKET CAR WASH MOTION BY Councilmember Berning, seconded by Councilmember Rich to approve the following findings of fact and decision for Heidi's Market Car Wash. Motion carried unanimously. Applicant's Name: H.R. Nelson Inc. Request: The applicant is requesting a conditional use permit to construct a 960 square foot car wash at the site that contains Heidi's Market located at 11850 62"d Street NE within the City of Albertville. Planning Commission Public Hearing Date: July 8, 2003 5 Continued to October 14, 2003 City Council Meeting Date: May 17, 2004 Findings of Fact: Based on review of the application and, evidence received, the. City Council now makes the following finding of fact and decision: A. The planning report dated June.24, 2003 prepared by NAC is incorporated herein. B. The Planning Commission for the recommendation for the applicant is incorporated herein.. C. The site and 'building plans dated 6/9/03 are found to be consistent with the applicable provisions of the Albertville Zoning and Subdivision Ordinances, as well as the policies of the Comprehensive Plan subject to the conditions outlined by the Planning Commission and City Council recommendation. D. The letter dated October 10, 2003 from H.R. Nelson Inc. (Rob Nelson, President) and Gem Development Inc. (Greg Mundahl, President) indicating agreement pertaining to stormwater drainage issues related to the car wash improvements. Decision: Based on the foregoing information and applicable ordinances, the conditional use permit to construct a 960 square foot car wash at 11850 62"d Street NE in Albertville is approved based on the plans dated 6/9/03 and information received to date subject to the following conditions being addressed: 1. The overall traffic circulation and stacking for the car wash will be subject to the review and approval of the City Engineer. 2. The applicant shall identify the species of the over story trees and the over story trees shown on .the site plan must be a minimum of two inch caliper in diameter. 3. The trash receptacle must be fully screened within a trash enclosure that is designed in a manner that is similar to the building exterior finishes. 4. All lighting shall be hooded with a 90 degree cutoff. The applicant shall submit the type of lighting that is being proposed and is subject to review, and approval of City staff. 5. A grading, drainage and erosion control plan be submitted for review and approval by the City Engineer. This plan shall include the following: a. An off: site stormwater pond to address both treatment and storage of stormwater from the entire car wash site. b. Submission of an easement from Gem Development Inc. to H.R. Nelson allowing for placement of stormwater pond and drainage facilities on the Gem Development site. i 6 6. The retaining wall shall be subject to review and approval of the City Engineer. 7. The submission of a comprehensive sign plan that identifies the types and sizes of all signs located on the site. 8. The relocation of the LP tank to a concrete pad to a location north of the eastern parking area. Said location shall be subject to review and approval of the City Engineer and conform with all applicable City, State and MPCA requirements pertaining to placement of LP storage tanks. 9. City Attorney approval of submitted storm water easements. ENGINEERING PRAIRIE RUN IMPROVEMENT City Engineer Carlson presented a summary of the Prairie Run Bids noting that they will be confirming compliance with the bid, advising the City Council that they have 60 days to award the bid. City Attorney Couri advised the City Council that the City needs to get the Heuring Farming Agreement and Assessment Agreements signed prior to awarding the bid. The City Council acknowledges receipt of the Prairie Run Improvement Bids. as on file in the. Office of the City Clerk and will schedule it on the next agenda for acceptance. I-94 ACCESS PERMIT UPDATE City Engineer Carlson stated that his firm had met with representatives of MNDOT to seek a commitment from them for the full access at I-94 on CSAH 19 and 37. Engineer Carlson presented. a modified collector/distributor concept for Council consideration. The. Council determined that they would like Engineer Carlson to pursue this further, and seek guidance from MNDOT, to see if they would be willing to assist in funding the construction of a regular collector/distributor lane, which would require major bridge construction at a major increase in cost. LEGAL RESOLUTION CALLING FOR A PUBLIC HEARING TO ASSESS CSAH 19 IMPROVEMENTS: MOTION BY Councilmember Rich, seconded by Councilmember Fay to adopt a Resolution calling for a Public Hearing to assess CSAH 19 Improvements. Motion carried unanimously. RESOLUTION CALLING FOR A PUBLIC HEARING TO ASSESS SEWER ACCESS FEES (SAC) TO COUNTRY INN & SUITES. MOTION BY Councilmember Klecker, seconded by Councilmember Rich to adopt a Resolution calling for a Public Hearing to assess Sewer Access Fees (SAC) to Country Inn & Suites. Motion carried unanimously. 7 RESOLUTION CALLING FORA PUBLIC HEARING TO ASSESS SEWER ACCESS FEES (SAC) TO D. MICHAEL B'S. MOTION BY Councilmember Klecker, seconded by Councilmember Rich to adopt a Resolution calling for a Public Hearing to assess Sewer Access Fees (SAC) to D. Michael B's. Motion carried unanimously. COMMUNITY NATIONAL BANK — FRASER STEEL LOAN SUBORDINATION MOTION BY Councilmember Rich, seconded by Councilmember Fay to authorize the City Administrator and City Clerk to sign a Subordination Agreement allowing Fraser Steel to refinance and for the City to maintain the same security position as before. Motion carved unanimously. ADMINISTRATION ADMINISTRATION REPORT: Reviewed City Administrator Kruse's written report. RECOMMENDATION TO HIRE A BUILDING TECHNICIAN, RECEPTIONIST, SECRETARY. MOTION BY Councilmember Fay, seconded by Councilmember Klecker to offer the position of Building Technician, receptionist, secretary to Tori Leonhardt at a rate of $15.50 per hour, with a $1,000 increase upon passing the six month probationary period, based on a satisfactory performance review. Vacation will be accrued bi-weekly based upon an annual allotment of 10 days with a starting date of June 7, 2004. Motion carried unanimously, OTHER BUSINESS: OUTDOOR BAND AT GOLF COURSE MOTION BY Mayor Peterson, seconded by Councilmember Berning to pursue changing the noise ordinance allowing outside bands, if certain conditions are met. In the meantime, as this ordinance language is developed to give a supportive indication that the Council will support this ordinance change. Motion carried with Councilmember Klecker voting nay. ADJOURNMENT MOTION BY Councilmember Berning, seconded by Councilmember Klecker to adjourn the meeting at 9:30 p.m. Motion carried unanimously. g CITY OF ALBERTVILLE 06/03/04 4:15 PM Page 1 *Check Detail Register© June 2004 Check Amt Invoice < Comment 10100 Premier Bank Paid Chk# 019788 6/7/2004 AFLAC G 101-21710 Other Deducations ` $16.16 277471 AFLAC Insurance Prem Total AFLAC $16.16 Paid Chk# 019789 6/7/2004 ALBERTVILLE BODY SHOP, INC. E 101-43100-404 Repair/Maint - Machinery/Equip $176.65 05192004 REPAIR 1998 CHEV Total ALBERTVILLE BODY SHOP, INC. $176.65 Paid Chk# 019790 6/7/2004 ALBERTVILLE FIRE RELIEF ASSOC. R 101-34950 'Other Revenues $1,000.00 EF000932297 G90 Revenue; Total ALBERTVILLE FIRE RELIEF ASSOC. $1,000.00 Paid Chk# 019791 6/7/2004 ALL STAR CHEMICAL CORP E 101-42000-200 Office Supplies (GENERAL) $327.78 14685 vehicle wash - misc. Supplies Total ALL STAR CHEMICAL CORP $327.78 Paid Chk# 019792 6/7/2004 ALLINA MEDICAL CLINIC E 101-42000-305 Medical -Physicals $391.25 05032004 ' WEBER, MATT - PHYSICAL Total ALLINA MEDICAL CLINIC $391.25 Paid: Chk# 019793 6/7/2004 ALPINE HOMES G 101-22800 . Landscaping Escrow $2,750.00 093436 10847 - 53rd Street G 101-22800 Landscaping Escrow $2,750.00 093441 5441 Kalland Avenue G 101-22800 Landscaping Escrow $2,750.00 093450 5431 Kali Avenue Total ALPINE HOMES $8,250.00 Paid Chk# 019794 6/7/2004 ARAMARK UNIFORM SERVICES - E 101-43100-417 Uniform Rentals $79.17 04302004 Uniform Sery - PW Dept. E 101-45100-417 Uniform Rentals $79.16 04302004 Uniform Sery - Parks Dept E 602-49400-417 Uniform Rentals $52.77 04302004 Uniform Sery - Water Dept E 60149450-417 Uniform Rentals $52.77 04302004 Uniform Sery - Sewage Dept. Total ARAMARK UNIFORM SERVICES $263.87 Paid Chk# 019795 6/7/2004 B & D PLUMBING E 101-41940-405 Repair/Maint - Buildings $314.00 10047 Repair- A/C - City Hall Total B & D PLUMBING $314.00 Paid Chk#"019796 6/7/2004 BANYON DATA SYSTEMS R 602-37100 Water Sales - City $745.00 05192004 Radio Read Interface R 601-37200 < Sewer Sales $745.00 05192004 Radio Read Interface Total BANYON DATA SYSTEMS $1,490.00 Paid Chk# 019797 6/7/2004 COSORN'S E 101-42000-200 Office Supplies (GENERAL) $43.92 05272004 Fire Dept - supplies E 101-41400-200 Office Supplies (GENERAL) $4.99 05272004 General supplies Total COBORN'S $48.91 Paid Chk# 019798 6/7/2004 COURT & MACARTHUR E 452-49000-304 Legal Fees $30.00 052004 Outlet Mail Expansion E 468-49000-304 Legal Fees $1,050.00 052004 Highway 19 E 471-49000-304 Legal Fees $570.00 052004 Albertville Dental E 473-49000-304 Legal Fees $270.00 052004 Prairie Run E 101-41600-304 Legal Fees ` $3,240.00 052004 General E 47349000-304 Legal Fees $150.00 052004 Prairie Run E 45149000-304 Legal Fees $30.00 052004 Albertville Plaza E 450-49000-304 Legal Fees $270.00 052004 AV 6 E 443-49000-304 Legal Fees $180.00 052004 Karston Cove 3rd 9 CITY OF ALBERTVILLE 06/0=4 *Check Detail Register@ June 2004 Check Amt Invoice Comment - E 475-49000-304 Legal Fees $60.00 052004 Country Inn E 101-41600-304 Legal Fees $30.00 052004 LaCentre Ave Improv E 101-41600-304 Legal Fees $30.00 052004 Heidi's Market -Car Wash E 446-49000-304 Legal Fees $450.00 052004 Fire Hall E 101-45000-597 Ice Arena Funding $330.00 052004 Ice Arena E 475-49000-304 Legal Fees $90.00 052004 D.Michale B's E 481-49000-304 Legal Fees $210.00 052004 Wright -Hennepin Substation E.480-49000-304 Legal Fees $240.00 052604 Hunter's Cove E 476-49000-304 Legal Fees $90.00 052004 50th Trail Total COURI & MACARTHUR $7,320.00 Paid Chk# 019799 6/7/2004 DEHNS LANDSCAPING E 101-43100-402 Repair/Maint - Sidewalks $2,475.00 05182004 2003 Sidewalk Repair E 602-49400-407 R/M - Water Mains $350.00 05182004 2004 Water Main Repair Total DEHNS LANDSCAPING $2,825.00 Paid Chk# 019800, 6/7/2004 DELTA DENTAL E 602-49400-130 Employer Paid Ins (GENERAL) $57.75 05152004 Dental Ins - jmiddendorf E 101-42400-130 Employer Paid Ins (GENERAL) ($115.50) 05152004 Dental Ins - Credit-mhaus E 101-41300-131 Employer Paid Health $19.65 05152004 Dental Ins - Igoeb E 101-41300-131 Employer Paid Health $19.65 05152004 Dental Ins - Ikruse E 101-43100-130 Employer Paid Ins (GENERAL) $28.87 05152004 Dental Ins - mjenkins E 101-45100-130 Employer Paid Ins (GENERAL) $28.88 05152004 Dental Ins - mjenkins E 101-41400-131 Employer Paid Health $57.75 05152004 Dental Ins - bmiller E 101-42400-130 Employer Paid Ins (GENERAL) $57.75 05152004 Dental Ins -jsutherland E 101-43100-130 Employer Paid Ins (GENERAL) $57.75 05152004 Dental Ins - klindsay E 101-45100-130 Employer Paid Ins (GENERAL) $57.75 05152004 Dental Ins - tguimont E 601-49450-130 Employer Paid Ins (GENERAL) $57.75 05152004 Dental Ins - svold E 101.41400-131 Employer Paid Health $57.75 05152004 Dental Ins - thedquist Total DELTA DENTAL $385.80 Paid Chk# 019801 6/7/2004 ECONOMIC DEVELOPMENT E 101-41100-433 Dues and Subscriptions $1,451.00 2004 Annual Annual Dues Total ECONOMIC DEVELOPMENT $1,451.00 Paid Chk# 019802 6/7/2004 ELAN FINANCIAL SERVICES E 101-41400-200 Office Supplies (GENERAL) $34.69 05312004 misc. Office supplies E 101-41100-200 Office Supplies (GENERAL) $82.29 05312004 general office supplies E 101-41400-208 Training and Instruction $199.00 05312004 Gov't Training-Thedquist Total ELAN FINANCIAL SERVICES $315.98 Paid Chk# 019803 6/7/2004 EMERGENCY MEDICAL PRODUCTS E 101-42000-230 : Medical Supplies $414.52 INV576575 Medical Supplies Total EMERGENCY MEDICAL PRODUCTS $414.52 Paid Chk# 019804 6/7/2004 EULL, JOEL R. E 101-43100-410 Rentals (GENERAL) $1,000.00 2004-04 April monthly rental Total EULL, JOEL R. $1,000.00 Paid Chk# 019805 6/7/2004 FEDERATED CO.OPS, INC. E 101-45100-530 Improvements Other Than Bldgs $108.09 F13166 parks department Total FEDERATED CO-OPS, INC. $108.09 Paid Chk# 019806 6/7/2004 FIRE INSTRUCTION & RESCUE EDUC E 101-42000-107 Fire Training $240.00 0476-0429 Firefighters Review E 101-42000-107 Fire Training $240.00 0476-0429 Firefighter I Review E 101-42000-107 Fire Training $350.00 0476-0429 LP Gas training E 101-42000-107 Fire Training $700.00 0476-0429 Liveburn l & II Tmg 10 CITY OF ALBERTVILLE 06/03/04 4:15 PM Page 3 *Check Detail Register© June 2004 "Check Amt Invoice Comment Total FIRE INSTRUCTION & RESCUE EDUC $1,530.00 Paid Chk# •019807 6/7/2004 FRONTLINE PLUS FIRE & RESCUE E 101-42000-584 C/O - Turnout Gear $105.00 9073 bunker boots Total FRONTLINE PLUS FIRE & RESCUE $105.00 Paid Chk# 019808 6/7/2004 GOPHER STATE ONE -CALL E 601-49450-209 Locates $205.85 4040119 Locates - Sewer Dept E 602-49400-209 Locates $205.85 4040119 Locates - Water; Dept Total GOPHER STATE ONE -CALL $411.70 Paid Chk# 019809 _6/7/2004- HEIM, JAMES K. E 101-42000-107 Fire Training $150.00 P02440 3-certificates Total HEIM, JAMES K. $150.00 Paid Chk# 019810 6/7/2004 HENRY & ASSOCIATES E 602-49400-407 R/M - Water Mains $670.95 8384 RIM Water Main - Total HENRY & ASSOCIATES $670.95 Paid Chk# 019811 6/7/2004 INFRATECH TECHNOLOGIES, INC. E,602-49400-407 R/M - Water Mains $165.00 0400670 Televise - Kartson Drive Total INFRATECH TECHNOLOGIES, INC. $165.00 Paid'Chk# 019812 6/7/2004 J-CRAFT, INC. E 101-45100-404 Repair/Maint - Machinery/Equip $462.55 34569 R/M equipment Total J-CRAFT, INC. $462.55 Paid Chk#. 019813 6/7/2004 LARSON PUBLICATIONS E 101=42000-340 Advertising $196.78 052004 Misc. FD Ad E-101-41100-351 Legal Notices Publishing $219.47 052004 Multiple Legal Notices Total LARSON PUBLICATIONS $416.25 Paid Chk# 019814 6/7/2004 MEDICA E 101-41400-131 Employer Paid Health. $1,308.88 104153115311 Medical Ins-thedquist E 602-49400-130 Employer Paid Ins (GENERAL) $1,257.58 104153115311 Medical Ins - svold E 101-42400-130 Employer Paid Ins (GENERAL) $1,401.87 104153115311 Medical Ins-jsutherland E 101-41300-131 Employer Paid Health $632.29 104153115311 Medical Ins-lgoeb E 101-43100-130 Employer Paid Ins (GENERAL) $542.21 104153115311 Medical Ins - mjenkins E 101-43100-130 Employer Paid Ins (GENERAL) $968.98 104153115311 Medical Ins'- klindsay E 101-41400-131 Employer Paid Health - $1,097.24 `104153115311 Medical ins-bmiller E 601-49450-130 Employer Paid Ins (GENERAL) $1,084.42 104153115311 Medical ins-jmiddendorf E 101-45100-130 Employer Paid Ins (GENERAL) $542.21 104153115311 Medical Ins - mjenkins E 101-45100-130 Employer Paid Ins (GENERAL) $1,308.88 104153115311 Medical Ins-tguimont Total MEDICA $10,144.56 Paid Chk# 019815 6/7/2004 METRO FIRE E 101-42000-437 Misc. Donations $10,350.32 17467 Equip (funds from Weber Donati Total METRO FIRE $10,350.32 Paid Chk# 019816 6/7/2004 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $134.00 319479 Testing Expense (CBOD-5) E 60149450-218 Testing Expenses $134.00 319525 Testing Expense(CBOD-5) E 601-49450-218 Testing Expenses $560.00 319533 Testing Expense (CBOD-5) E 60149450-218 Testing Expenses $560.00"319612 Testing Expense (CBOD-5) Total MIDWEST ANALYTICAL SERVICES $1,388.00 Paid Chk# 019817 6/7/2004 MILLER, BRIDGET i E 101-41400-433 Dues and Subscriptions $100.00 05282004 register notary commission it CITY OF ALBERTVILLE 06/03/04 t *Check Detail Register© June 2004 Check Amt Invoice Comment Total MILLER, BRIDGET $100.00 Paid Chk# 019818 6/7/2004 MINNESOTA COPY SYSTEMS E 10141400413 Office Equipment Rental $73.45 127017 Copier usage Total' MINNESOTA COPY SYSTEMS $73.45 Paid Chk# 019819 6/7/2004 MINNESOTA PLAYGROUND, INC. E 101-45100-530 Improvements Other Than Bldgs $99.05 2004095 Home Plate -Parks Total MINNESOTA PLAYGROUND, INC. $99.05 Paid Chk# 019820 6/7/2004 MN ASSOCIATION OF SMALL CITIES E 101-41100-433 Dues and Subscriptions $1,606.08 2004-2005 2004-2005 Membership Dues Total MN ASSOCIATION OF SMALL CITIES $1,606.08 Paid Chk# 019821 6/7/2004 MONTICELLO, CITY OF E 10142700-309 Animal Control Contract $232.00 7606 Animal Control Service Total MONTICELLO, CITY OF $232.00 Paid Chk# 019822 6/7/2004 MTI DISTRIBUTING, INC. E 101-45100-404 Repair/Maint - Machinery/Equip $251.62 409779-00 Repair Parts Total MTI DISTRIBUTING, INC. $251.62 Paid Chk# 019823 6/7/2004 NEXTEL COMMUNICATIONS E 101-43100-323 Nextel Radio Units $22.06 718183318-03Two-way Cell - mjenkins E 10141400-323 Nextel Radio Units $44.12 718183318-03Two-way Cell-bmiller E 101-41400-323 Nextel Radio Units $44.12 718183318.03Two-way Cell-SEH phone E 101.41400-323 Nextel Radio Units $44.12 718183318-03Two-way Cell-thedquist E 10141300-321 Telephone $56.47 718183318-03Two-way Cell-Ikruse E 10143100-323 Nextel Radio Units" $44.12 718183318-03Two-way Cell - PW spare E 101-45100-323 Nextel Radio Units $44.12 718183318-03Two-way Cell -tguimont E 101-43100-323 Nextel Radio Units $44.12 718183318-03Two-way Cell - kiindsay E 101-42400-321 Telephone $82.24 718183318-03Two-way Cell - jsutheriand E 60249400-323 Nextel Radio Units $44.12 718183318-03Two-way Cell-jmiddendorF E 101-42400-321 Telephone $44.12 718183318-03Two-way Cell -bldg tech E 101-45100-323 NextelRadio Units $22.06 718183318-03Two-way Cell - mjenkins E 601-49450-323 -Nextel Radio Units $44.12 718183318-03Two-way Cell - svold Total NEXTEL COMMUNICATIONS $579.91 Paid Chk# 019824 6/7/2004 NORTHERN TOOL & EQUIPMENT E 101-45100-212 Motor Fuels $17.54 05242004 R/M Park Equp E 601-49450-404 Repair/Maint"- Machinery/Equip $18.09 10037696 Sewer maintenance Total NORTHERN TOOL & EQUIPMENT $35.63 Paid Chk# 019825 6/7/2004 NORTHWOODS SERVICES G 101-22800 landscaping Escrow $3,000.00 093445 10443 - 49h Street Total NORTHWOODS SERVICES $3,000.00 Paid Chk# 019826 6/7/2004 OFFICE OF SECRETARY OF STATE E 101-41400-592 Elections $33.03 2004 Polling mailing labels Total OFFICE OF SECRETARY OF STATE $33.03 Paid Chk# 019827 6/7/2004 OMANN BROTHERS E 60249400407 , R/M - Water Mains $3,850.00 18371 Watermain Break Total OMANN BROTHERS $3,850.00 Paid Chk# 019828 6/7/2004 PETERSON, RON E 101-42000-331 Travel Expenses $70.88 052004 Mileage reimbursement Total PETERSON, RON $70.88 ■ 12 CITY OF ALBERTVILLE M03/04 4:15 PM Page 5 *Check Detail Register© June 2004 Check Amt Invoice Comment Paid Chk# 019829 6/7/2004 PITNEY BOWES E 101.41400-413 Office Equipment Rental $102.00 0787150-MY04 Postage Machine Rental Total PITNEY BOWES $102.00 Paid Chk# 019830 6/7/2004 S.E.H. E 46649000-303 Engineering Fees $14,270.67 0113928 PW Facility E 460-49000-303 Engineering Fees $28,205.50 0114068 Phase 2 - WWTP E 473-49000-303 Engineering Fees $13,483.10 0114286 Prairie Run E 476-49000-303 Engineering Fees $1,195.04 0114287 2004 CSAH 37 Bike Path E 476-49000-303 Engineering Fees $266.63 0114288 School PED/Bike Trail E 443-49000-303 Engineering Fees $1,392.23 0114280 Karston Cove 3rd E 421-49000-303 Engineering Fees $95.86 0114290 Barthel Industrial Drive E 101-43100-224 Street Ovedayment $1,249.33 0114491 2004 Street overlay E 476-49000-303 Engineering Fees $1,479.03 0114492 AlhertSchool Ballfield E 101-49300-660 Capital Projects Reserve $2,849.72 0114493 Flood Analusis E 101-41700-303 Engineering Fees $2,989.87 0114494 General services E 453-49000-303 Engineering Fees $'704.67 0114495 Koliville 3rd E 604-49660-300 Professional Srvs (GENERAL) $980.88 0114496 Storm Water Hydrology Study E 456-49000-303 - Engineering Fees $575.32 0114497 TL Phase E 456-49000-303 Engineering Fees $168.75 0114498 TL 2nd ` E 469-49000-303 Engineering Fees $5,980.76 0114499 Wright County Transp E 450-49010-303 Engineering Fees $475.08 0,114500 AV Sth - E 453-49000-303 Engineering Fees $409.39 0114501 Kollville 2nd E 101-42400-300 Professional Srvs (GENERAL) $2,250.00 0114502 tot Surreys E 453-49000-303 Engineering Fees $141.74 0114503 2000 Kollville E 460-49000-303 Engineering Fees $132.14 0114504 AV 4th E 45049000-303 Engineering Fees $704.85 0114505 AV 3rd E 456-49000-303 Engineering Fees $1,002.89 0114506 2000 TL Dev E 468-49000-303 Engineering Fees $17,100.00 0114507 CSAH 19Ramps Total S.E.H. $98,103.45 Paid Chk# 019831 6/7/2004 SENTRY SYSTEMS, INC. E 101-42000-405 Repair/Maint - Buildings $55.65 385094 Security - Fire Hall Total SENTRY SYSTEMS, INC. $55.65 Paid Chk# 019832 6/7/2004 SPRINT- MO E 101-41940-321 Telephone $30.26 052004 Phone - CH Internet Sery E 101-42400-321 Telephone $110.25 052004 Phone- Bldg Dept e-mail E 601-49450-321 Telephone $26.66 052004 Phone -Sewer Plant E 101-41940-321 Telephone $28.86 052004 Phone - CH private line E 101-41940-321 Telephone $191.08 052004 Phone - CH main line E 101-41940-321 Telephone $18.64 052004 Phone - Office Supplies E 10142400-321 Telephone $105.25 052004 Phone - Bldg Dept E 101-42400-321 Telephone - $56.98 052004 Phone - Bldg Dept E-101-41940-321 Telephone $53.83 052004 Phone - CH 3rd line E 10141940-321 Telephone $50.03 052004 Phone - CH 4th line E 101-42400-321 Telephone $50.03 052004 Phone - Bldg Dept E 101-42400-321 Telephone $50.03 052004 Phone -Bldg Dept E 101-42000-321 Telephone $42.02 052004 Phone - Fire Dept line E 10142000-321 Telephone $32.12 052004 Phone - Fire Dept fax E 101-43100-321 Telephone $30.26 052004 Phone - Sewer/Water fax E 10143100-321 Telephone $30.26 052004 Phone - PW Garage main, E 101-41940-321 Telephone $30.26 052004 Phone - CH Fax line E 101-41940-321 Telephone $50.03 052004 Phone - CH 2nd line E 10145100-321 Telephone $26.59 052004 Phone - Parks Dept E 101-41940-321 Telephone Total SPRINT- MO $231.41 052004 $1,244.85 Phone - tax/surcharges 13 CITY OF ALBERTVILLE OW03/04 *Check Detail Register© June 2004 Check Amt Invoice Comment Paid Chk# 019833 6/7/2004 - ST. MICHAEL FLORAL E 101-41100-200 Office Supplies (GENERAL) $52.93 5242004 Flowers -Don Beming Total ST. MICHAEL FLORAL $52.93 Paid Chk# 019834 6/7/2004 SUNSHINE SPRINKLER SYSTEMS E 101-45100-405 Repair/Maint - Buildings $113.95 533465 repair sprinkler system Total SUNSHINE SPRINKLER SYSTEMS $113.95 Paid Chk# 019835 6/7/2004 SUTHERLAND, JON E 101-42400-331 Travel Expenses $37.50 05312004 mileage reimbursement Total SUTHERLAND, JON $37.50 Paid Chk# 019836 6/7/2004 TOSHIBA AMERICA INFO SYS INC E 101-41400-413 Office Equipment Rental $521.32 39117929 Copier lease agreement Total c TOSHIBA AMERICA INFO SYS INC $521.32 Paid Chk# 019837 6/7/2004 UNITED RENTALS E 101-43100-410 Rentals (GENERAL) $79.37 5252004 Rental Equipment Total UNITED RENTALS $79.37 Paid Chk# 019838 6/7/2004 VEIT DISPOSAL SYSTEMS E 101-41940-520 Buildings and Structures $7,452.00 04136.1 Remove asbestos Total VEIT DISPOSAL SYSTEMS $7,452.00 Paid Chk# 019839 6/7/2004 VERI20N E 101-42000-321 Telephone $15.45 3538312202 FD Cell Phone Total VERIZON $15.45 Paid Chk# 019840 6/7/2004 WASTE MANAGEMENT E 101-41940-384 Refuse/Garbage Disposal $121.45 0813008-1593- Refuse Waste Hauler Total WASTE MANAGEMENT $121.45 Paid Chk# 019841 6/7/2004 WRIGHT COUNTY FIRE CHIEF ASSOC E 10142000-433 Dues and Subscriptions $150.00 2004 2004 FD Membership Dues Total WRIGHT COUNTY FIRE CHIEF ASSOC $150.00 Paid Chk# 019842 6/7/2004 WRIGHT COUNTY HIGHWAY DEPT. E 602-49400-408 RIM - Water Services $75.00 4161 Utility Permit Total ` WRIGHT COUNTY HIGHWAY DEPT. $75.00 Paid Chk# 019843 6/7/2004 ' WRIGHT CTY AUDITORITREASURER E 101-41550-300 Professional Srvs (GENERAL) $12,785.00-055-04 2004 Assessment Contract -Total WRIGHT CTY AUDITORITREASURER $12,785.00 Paid Chk# 019844 6/7/2004 YMCA OF METROPOLITAN MPLS E 101-41100-399 'Miscellaneous $50.00 2004-1 Annual meeting Total YMCA OF METROPOLITAN MPLS $50.00 10100 Premier Bank $182,784.91 14 r CITY OF ALBERTVILLE 06/03/04 4:15 PM Page 7 *Check Detail Register© June 2004 Check Amt Invoice Comment Fund Summary 10100 Premier Bank 101 GENERAL FUND -$79,233.70 421 B.I.D./52ND ST $95.86 443 KARSTON COVE $1,572.23 446 FIRE HALL $450.00 450 ALBERT VILLAS $1,582.07 451MOONEY ADDITION $30.00 452 TRAFFIC LIGHT $30.00 453 KOLLEVILLE ESTATES $1,255.80 456 TOWNE LAKES $1,746.96 460 2000 WWTF EXPANSION $28,205.50 466 PUBLIC WORKS FACILITY $14,270.67 468 CSAH 19 RAMPS $18,150.00 469 WRIGHT CTY TRANSPORTATION $5,980.76 471 ALBERTVILLE DENTAL $570.00 473 PRAIRIE RUN $13,903.10 - 475 TOWNE LAKES COMMERCIAL $150.00 476 SCHOOL PEDESTRIAN -BIKE TRAIL $3,030.70 480 HUNTERS COVE DEVELOPMENT $240.00 481 WRIGHT-HENNEPIN SUBSTATION _ $210..00 601 SEWER FUND 602 WATER FUND $3,622.66 $7,474.02 } 604 STORM WATER $980.88 $182,784.91 �i 15 CITY OF ALBERTVILLE RESOLUTION R2004-11 RESOLUTION OF SUPPORT FOR WRIGHT COUNTY CITIES POLICY STATEMENTS WHEREAS, it is important for all governmental entities in Wright County to collaborate and work together to provide effective and efficient services and leadership; and, WHEREAS, the Cities of Wright County have collectively prepared policy statements that address transportation, annexation, land use planning, economic development, and general services; and, WHEREAS, the City of Albertville fully supports the policies prepared by the Cities of Wright County; and, WHEREAS, the City of Albertville requests that Wright County use the policy statements presented as a general statement of Albertville's position on County issues and discussions. NOW, THEREFORE, BE IT RESOLVED that the City of Albertville hereby approves the policy statements as attached. ADOPTED BY THE MAYOR AND CITY COUNCIL SEVENTH DAY OF JUNE, 2004. 16 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2004-17 A. RESOLUTION ADOPTING ASSESSMENT FOR CSAH 19 IMPROVEMENTS 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 including the installation of stoplights, turn lanes and the widening of the highway to four lanes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is ` hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. , 2. The assessment levied by this resolution shall be payable in equal annual principal installments extending over a period of four years, the first of the installments to be payable on or before the first Monday of January, 2005, and shall bear interest at a rate of 5.43% o per annum from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no, interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 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 70' day of June, 2004. 17 Don Peterson, Mayor ATTEST TO: Bridget Miller, City Clerk - ASSESSMENT ROLL PID # Property Owner Assessment Amt. 101-098-004010 Lot 1, Blk4, TL 3'dCPDC $ 1,174.50 101-098-000060 Outlot F, TL3rd CPDC $ 25,463.76 101-098-000070 Outlot G, TL3rd CPDC $ 89,049.75 101-095-001010 Lot 1, Blk 1, Outlets 2"d CPG Parnters $236,134.00 101-076-001010 -Lot 1, Blk 1, Parkside Com. Casey's Gen. Store $ 3,927.00 101-076-001020 Lot 2, Blk 1, Parkside Com. Pilot Land Dev. $ %540.00 101-065-000010 Outlot A, Parkview Place Cascade Il Land $ 44,201.00 101-086-001010 Lot 1, Blk 1, Alb. Crossing Alb. 2002 LLC $ 22 100.66* 101-086-001020 Lot 2, Blk 1, Alb. Crossing Alb. 2002 LLC $ 22,100.67* 101-086-001030 Lot 3, Blk 1, Alb. Crossing Alb. 2002 LLC $ 22,100.67* Total " $475,792.01 * Commercial Partners Title has forwarded $66,302.00 to the City which it was holding in escrow on behalf of the City to pay the assessments on these three lots. These assessments will be shown as fully prepaid and will not be forwarded on to the County Auditor for collection. 18 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2004-18 B. RESOLUTION ADOPTING ASSESSMENT FOR SAC CHARGES TO LOT 51 BLOCK 1, SHOPPES AT TOWNE LAKES ONE 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 one-half of the sewer access charges ("SAC") that were due upon the issuance of a building permit for that building located on Lot 5, Block l of the Shoppes at Towne Lakes One plat in the City of Albertville; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. The assessment levied by this resolution shall be payable in -equal annual principal installments extending over a period of five years, the first of the installments to be payable on or before the first Monday of January, 2005, and shall bear interest at a rate of 5.43% per annum from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5. The owner of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 6. 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. 19 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2004-19 C. RESOLUTION ADOPTING ASSESSMENT FOR SAC CHARGES TO LOT b, BLOCK 1, SHOPPES AT TOWNE LAKES ONE 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 one-half of the sewer access charges ("SAC') that were due upon the issuance of a building permit for that building located on Lot 6, Block 1 of the Shoppes at Towne Lakes; One plat in the City of Albertville; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA: l . Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be ;benefited by the proposed improvement in the amount of the assessment levied against it. 2. The assessment levied by this resolution shall be payable in equal annual principal installments extending over a period of five years, the first of the installments to be payable on or before the first Monday of January, 2005, and shall bear interest at a rate of 5.43% per annum from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 7. The owner of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest_ shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 8. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property talc lists of the County, and such assessment shall be collected and paid over in the same manner as other taxes. 21 DRAFTNO. 2 DATED JUKE I, 2004 CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT PRAIRIE RUN THIS AGREEMENT, entered into this day of 2004by and between ROBERT C. HEURING and CHRISTiNE A. HEURING and EILEEN C. HEURING AS TRUSTEE OF THE EILEEN C. HEURING REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 1, 1999, collectively referred to herein as "Heuring" and GOLD KEY DEVELOPMENT, INC., a Minnesota Corporation, referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City' WITNESSETH: - WHEREAS, Developer is the fee owner of the real property described in the attached Exhibit A, which real property is proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Prairie Run" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and • WHEREAS, Heuring and Developer intend to subdivide acres into 54 single-family residential lots for purposes of constructing 53 new single-family residential units; and WHEREAS, approval of a Planned Unit Development is required to allow for the aforementioned subdivision proposed by Heuring and Developer; and WHEREAS, the City has given preliminary approval of Developer's plat of Prairie Run contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, sidewalk, curb and gutter, grading, drainage, sanitary sewer, municipal water and storm sewer and drainage ponds (hereafter "Municipal Improvements") be installed to serve the Subject Property and be financed by Developer; and WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within Said Plat, which improvements consist of paved streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each parry's promises and considerations herein set forth, as follows: 1. Planned Unit Development. Development of Said Plat shall be as a Planned Unit Development with flexibility from the strict requirements of the City's Zoning Ordinance in relation to minimum lot sizes, lot widths and set -back requirements. Unless otherwise explicitly set forth in this Agreement, however, Developer must conform to the 23 requirements of the R-IA zone of the Albertville Zoning and Subdivision Ordinance, as well as all other applicable land use regulations. Developer agrees that the following conditions will be met on a continuing basis: A. All lot sizes and widths shall be as shown on the final plat attached as Exhibit H to this Agreement. B. Setbacks may deviate from the R-1A zoning district as follows: C. All grading, drainage, utility, wetland mitigation, and transportation issues that arise during development of Said Plat shall be subject to review and approval by the City Engineer. D. Trees, shrubs, berms and screening are to be planted and installed as shown on the landscape plans attached as Exhibit B. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. E. Prior to the sale of any lot(s) within Said Plat, Developer shall provide the City with a copy of the sales literature identifying the required thirty (30) foot wetland setback building restrictions and the location of all sidewalks. Developer agrees that the aforementioned sales literature will be distributed to all potential lot buyers within Said Plat prior to the sale of any of said lots by Developer. F. Other Use Restrictions. On all lots within 30 feet of any wetland or storm water management` pond, no structure, including, but not limited to, outbuildings or accessory buildings, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot including all improvements in it, shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. No Owner or other person shall apply any fertilizers or herbicides within fifty (50) feet of any drainage easement. Heuring and the Developer shall install, at their sole expense, markers showing the demarcation of wetland boundaries. The demarcation of! wetland boundaries shall be subject to the approval of the City. G. Farming Restrictions. Developer and Heuring agreethat all existing farm uses on Lot , Block , Outlot , and that property shown as an exception on the Final Plat which is surrounded'by the Farm Properties (collectively, "Farm Properties") shall be brought into conformance with the following restrictions as set out below: 1. Heuring may plant and harvest crops on the Farm Properties, but no machinery or equipment shall be operated on the site past 10 p.m. or before 7 a.m. Best farming practices must be used to reduce interference with neighboring residences. 2. No manure spreading or storage shall occur on the Farm Properties, and all manure piles existing on the Farm Properties as of August 1, 2004, shall be removed from the Farm Properties by October 1, 2004. 3. No storage, repair or maintenance of farming equipment may occur on the Farm Properties. Equipment necessary to crop the land shall be brought in for the minimum amount of time to actively crop the land and shall be removed daily. No farming equipment is to be stored on the Farming Properties 4. No cattle or livestock or other farm animals will be permitted on the Farming Properties after August 1, 2004. 5. All buildings highlighted on the attached Exhibit C shall be removed by Heuring and Developer no later than July 1, 2005. 6. The storage shed shown on the attached Exhibit C may remain on the property, but shall be used as a residential accessory building until such time as the zoning for such property is changed, after which any future uses shall comply with the then -current zoning for such property.) 24 7. Heuring shall remove the manure/compost pile currently located at the northeast corner of CSAH 19 and CSAH 35. H. Heuring and the Developer shall establish a homeowner's association via a recorded covenant for this Development. Hewing and the Developer shall file the Homeowner's Association covenants against all Lots in Said Plat. Said Homeowners' Association covenants and agreements for Said Plat shall be submitted to the City Attorney for review and approval At a minimum the recorded covenant for the Homeowner's Association shall include the following: 1. The Homeowners' Association shall own and maintain Outlot A as a private street for the benefit of Lots 1- 13, Block 2 of Said Plat. 2. The Homeowners' Association shall maintain said private street in perpetuity in a manner similar to the way the City maintains its residential streets, and shall keep the road passable for emergency vehicles at all times. I. Heuring and Developer shall convey Outlot A to the Homeowners' Association. 2. Construction of Municipal Improvements. Upon receipt of a signed waiver of appeal of special assessments from all non -governmental property owners whose property benefits from the Municipal Improvements, the City shall construct Municipal Improvements which shall consist of street, sidewalk, watermain, sanitary sewer, and storm sewer improvements as outlined in the Feasibility Report dated February 17, 2004 prepared by Short Elliott Hendrickson; Inc. entitled "2004 Prairie Run Improvements." The City Engineer shall inspect the installation of said Municipal Improvements on a regular basis. City shall use reasonable efforts to substantially complete said Municipal Improvements by September 30, 2004, provided, however, the City may elect to install the bituminous wear course by October 31, 2005. With regard to the Municipal Improvementslisted above, the parties agree as follows: A. The City shall specially assess 100% of the costs of said Municipal Improvements to the benefiting properties, including the lots in Said Plat, payable over a period of years to be determined by the City but not exceeding five years, at an annual interest rate not exceeding the rate of any bond issued to finance said Municipal Improvements plus 2%. Heuring and Developer have executed assessment agreements related to the Municipal Improvements. This Agreement shall not alter, change, or modify those assessment agreements. B. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at such times as the City may deem necessary during the construction and installation of said Municipal Improvements. Heuring and Developer agree to pay for all costs incurred by the City during said inspections. Upon request, the City shall provide Heuring and Developer with time sheets and work records to verify such costs before payment by Heuring and Developer. 3. Construction of On- and Off -Site Improvements. A. Heuring and Developer shall' construct all on and off -site improvements including, but not limited to; installation of street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, terming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Front, side and portions of the back yards of residential lots shall be sodded in accordance with the Residential Development Standards as on file with the City Administrator's Office. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. Said on- and off -site improvements shall be installed no later than October 31, 2004, with the exception of erosion control, drainage swales and berming, which shall be .installed upon initial grading of Said Plat. 25 B. Heuring and Developer shall, at their own expense, cause the following items to be installed within the development, all such items to be installed under ground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier, iv. Cable TV service, to be provided by a local carrier; In addition, Heuring and Developer shall, at their own expense, cause street lights to be installed at such locations as required by the City Engineer. Street signs shall also be installed of such type and at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Heuring and Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Heuring and Developer shall be allowed to substitute hay bales for a 22-foot'section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Heuring and Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. D. Notwithstanding the requirements of subparagraph 3A above, Heuring and the Developer shall install to the Citys, satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is, issued after October lst and before March 30th in any given year, in which case a certificate of occupancy shall be issued only if the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 150% of the estimated cost of said improvements pursuant to City Ordinance. E. Heuring and Developer shall install storm water retention/water quality ponds and basins upon Said Plat as shown on the Grading,` Drainage and Erosion Control Plan attached as Exhibit G. Said ponds and basins shall be dedicated to the City, and Heuring and Developer shall provide the City with perpetual drainage easements over such ponds. Said retention ponds and basins shall be installed prior to the installation of utilities. 4. Intended Use of Subdivision Lots. The City, Heuring and Developer agree that the numbered lots in Said Plat are intended only for single-family residential use in the number and the configuration as are shown on Said Plat. Developer shall construct only one single family dwelling per numbered lot, unless Said Property is rezoned by the City in the future into a classification which would allow additional units to be constructed. 5. Surety Requirements. A. Heuring and the Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security fihat the obligations of Heuring and the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $ representing the sum of I W10 of the estimated cost of the Municipal Improvements ($ ), 50% of the on and off -site improvements and in addition- to the amount indicated above, provide the estimated cost for landscaping/screening materials related to Said Plat in the amount of ($ ). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Heuring and Developer (including but not limited to on- and off -site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct 26 1 deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Heuring and Developer under this Agreement C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein,- Heuring and the Developer agree that upon being billed by the City, Heuring and the Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to Heuring and the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Heuring and the Developer hereby agrees to allow the City to specially assess Heuring and the Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Heuring and the Developer's letter of credit or surety prove insufficient or should Heuring and the Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Heuring and the Developer's property for said costs, Heuring and the Developer agree not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081, to the extent of the costs identified in this agreement. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of Heuring and the Developer are paid or satisfied, it is agreed that Heuring and the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to i Heuring and the Developer declare a default in the terms'of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its " issuance. 6. Surety Release. A. Periodically, as payments are made by Heuring and the Developer for the completion of portions of the Municipal Improvements, On- and Off -site Improvements, and/or Landscaping Improvements and when it is reasonably prudent, Heuring and the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to Heuring and the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. Heuring and the Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is finished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or the on- and off -site improvements or the Landscaping Improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period, and the City shall . retain the letter of credit or surety in the amount of 25% of the estimated landscaping costs for two; years from the time of the installation of said landscaping materials. 27 iii. As to all requests brought under this paragraph B, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 7. Abandonment of Project - Costs and Expenses. In the event Heuring and Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Heuring and Developer's various representations shall be paid by Heuring and Developer within thirty (30) days after receipt of a bill for such costs from the City.. In addition, in the event Heuring and the Developer abandon the project, in whole or in part; ceases substantial field work for more than nine (9) months, fails to, provide sufficient ground -cover to prevent continuing soil erosion from the Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Heuring and Developer agree to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent ;vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs, including attorneys fees. Heuring and Developer knowingly and voluntarily waive all rights to appeal said special assessments under Minnesota Statutes section 429.081. 8. Hearing and Developer to Pay City's Costs and Expenses. It is understood and agreed that Heuring and the Developer will reimburse the City_ for all reasonable administrative, legal, planning, engineering and other professional costs .incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all: reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Heuring and Developer agree to pay all such costs within 30 days of billing by the City. If Heuring and Developer fail to pay said amounts, then the City may specially assess such costs against the lots within Said Plat. Heuring and Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota. Statutes section 429.081. Heuring and Developer have the right to request time sheets or work records to verify said billing prior to payment. 9. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit G. Heuring and Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 10. Drainage Requirements. Heuring and Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property may drain, and shall make any Necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city drainage requirements, all at Heuring and Developer's sole expense. 11. Maintain Public Property Damaged or Cluttered During Construction Heuring and Developer agree to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. Heuring and the Developer fuurther agree to pay all costs required to repair the streets, utility ,systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat Heuring and Developer agrees to clean the streets on a daily basis if required by the City. Heuring and Developer further agree that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public 1 28 property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. If Heuring and Developer fail to so clean the streets or repair or maintain said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, Heuring and the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If Heuring and the Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorneys fees incurred by the City as a result of such legal action. Heuring and the Developer knowingly and voluntarily waive all rights to appeal said special assessments under Minnesota Statutes section 429.081. 12. Temporary Easement Rights. Heuring and Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 13. Miscellaneous, A. Heuring and Developer agree that all constriction items required under this Agreement are items for which Heuring and Developer are responsible for completing and all work shall be done at Heuring and Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, Heuring and the Developer assume all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Heuring, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding; amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall nun with the land and shall be recorded against the title to the property. F. Heuring and the Developer represent to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. Heuring and the Developer agree to obtain all required federal, state and local permits. ,If the City determines that Said Plat does not comply, the City may,; at its option, refuse to allow construction or development work in the plat until Heuring and the Developer so complies. Upon the City's demand, Heuring and the Developer shall cease work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, Heuring and the Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota H. Heuring and the Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the City of Albertville, Wright County Soil and Water District and/or any applicable provisions of State and Federal law. 1. Heuring and the Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot 29 above the 100-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. 14. Violation of Agreement. A. Except as otherwise provided in this Agreement, upon any default by Heunng,, the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Heuring and the Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Heuring and the Developer, the City may thence immediately and without notice or consent of Heuring and the Developer complete the Heuring and the Developer's obligations under this Agreement, and specially assess the costs thereof against the lots within Said Plat, bring legal action against Heuring and the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorneys fees incurred in enforcing this agreement, draw on the Surety ' provided herein, or pursue any combination of the above remedies as well as any other remedy available to the City in law or equity. Heuring and the Developer knowingly and voluntarily waive all statutory rights to appeal' said special assessment under Minnesota Statutes section 429.081. B. Notwithstanding the 30-day notice period provided for in paragraph 14A above, in the event that a default by Heuring and the Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this Agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good -faith, reasonable efforts to notify Heuring and the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 14A of this section shall not apply to any acts or rights of the City under the preceding paragraph, and no notice need be given to Heuring and the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Heuring and the Developer of the Citys intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. 15. Dedications to the City. A. Municipal Improvement Dedications: Heuring and the Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall make the following dedications to the City: 1. Developer shall dedicate drainage easements to the City over, under and across all drainage ponds located in Said Plat. 2. Developer shall dedicate to the City all sidewalks, roads, road and trail right-of-ways, curbs, gutters, sewers and water mains and utility easements. located within Said Plat except that Lots 1-14, Block 2 of Said Plat, located west of the access point onto County Road 18 shall be served by a private street which shall be maintained by the Homeowner's Association in perpetuity. Prior to the City's acceptance of said dedications, Developer shall provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park Dedication Fees: Heuring and Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for the numbered lots in Said Plat, Heuring and Developer shall pay the City a cash payment totaling $135,000.00 ($2,500 per lot times 54 lots). Said park dedication fees shall be paid 1 prior to the release of Said Plat by the City. 30 0)16. Phased pgjelopment If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 17. Indemnity. Heuring and Developer shall hold the City and its officers and employees harmless from claims made by Developer, Heuring, or third parties for damages sustained or costs incurred resulting from Said Plat approval and development. Heuring and Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the. City under this contract. 18. Assignment of Contract. The obligations of Heuring and Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 19. Limited Ag rp oval. Approval of this Agreement by the City Council and issuance of the Conditional Use Permit which is the subject of this Agreement in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 20. Sanitary Sewer and Water Trunk Line Fees. Prior to the City releasing Said Plat, Heuring and Developer agree to pay a trunk sewer charge in the amount of $ representing $1,400.per acre of Said Plat multiplied by acres contained in Said Plat. In addition, prior to release of Said Plat, Heuring and Developer agree to pay a trunk water charge in the amount of $ representing $1,200 per acre of Said Plat multiplied by acres contained in Said Plat. Heuring and Developer agree to pay said amounts prior to the City's release of Said Plat. 21. Professional Fees. Heuring and Developer will pay all reasonable professional fees incurred by the City as a result of -City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorneys and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Heuring and Developer are bound by said plans and responsible for implementation of said plans as herein incorporated. 23. Integration Clause. Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 24. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville Gold Key Development, Inc. c/o City Clerk 4700 County Road 19 P.O. Box 9 Medina, MN 55357 Albertville, MN 55301 Attention: Dean R. Johnson Telephone: (763) 497-3384 Telephone: (763) 4204044 Robert C. Heuring ,} Christine A. Heuring Albertville, MN 55301 31 Telephone: (763) 25. Agreement Effect. This Agreement shall run with the land and be binding upon and extend to the representatives, heirs, successors and assigns of the parries hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk GOLD KEY DEVELOPMENT, INC., By Dean R. Johnson I r Its President ROBERT AND CHRISTINE HEURING, By Robert C. Heuring i By Christine A. Heuring EILEEN C. HEURING AS TRUSTEE OF THE EILEEN C. HEURING REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 1, 1999 By Eileen C. Heuring STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this day of , 2004, by Don Peterson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public 32 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2004, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public _STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2004, by Dean R. Johnson, as President of Gold Key Development, Inc.. Notary Public STATE OF MINNESOTA) ) s.s. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2004, by Robert C. § Heuring and Christine A. Heuring. SIGNATURE OF NOTARY EXHIBIT A TO DEVELOPER'S AGREEMENT The Real Property subject to the Developer's Agreement is legally described as follows (after the filing of the Prairie Run Plat): Lots 1-16, Block 1 Lots 1-38, Block 2 Oudots A and B All said property in Prairie Run plat, City of Albertville, County of Wright, Minnesota EXHIBIT B Landscaping Plan EXHIBIT C Buildings to be removed EXHIBIT D Heuring Easement EXHIBIT E Developer Easement EXHIBIT F Pond Easement EXHIBIT G Grading and Erosion Control Plan EXHIBIT H Final Plat of Prairie Run 34 AGREEMENT FOR WAIVER OF OBJECTION TO SPECIAL ASSESSMENT ASSOCIATED WITH THE 2004 PRAIRIE RUN IMPROVEMENT PLANS WHEREAS, the Albertville City Council has received a petition from abutting landowners requesting that the City construct street, curb, gutter, municipal water, storm water, sanitary sewer, sidewalk and grading improvements in that development that has received preliminary plat approval as Prairie Run within the City of Albertville; WHEREAS, the above referenced improvement project is known as the "2004 Prairie Run Improvements"; WHEREAS, the petitioners have requested that any and all fees and costs required for construction of said petitioned for improvements be adopted by the City as a special assessment against the benefited properties. WHEREAS, the City has agreed to construct the petitioned for street, curb, gutter, municipal water, storm water, sanitary sewer, sidewalk and grading improvements provided that the owners of the property that would benefit from the subject improvements agree to waive any special assessment appeal rights they might have with regard to the costs proposed to be assessed to their property. WHEREAS, Robert C. Heuring, Christine A. Heuring and Eileen C. Heuring as Trustee of the Eileen C. Heuring Revocable Trust under agreement dated December 1, 1999 (collectively "Property Owners') all have an ownership interest in property shown as Lot 16, Block 1 and Outlot B of the Prairie Run preliminary plat as shown on the Exhibit A (collectively, "Property"); and WHEREAS, the assessment to the Property as a result of the 2004 Prairie Run Improvements is estimated to be • $436,028; NOW, THEREFORE, the City of Albertville and Property Owners agree as follows: 1. In the event the City shall construct the petitioned for improvements pursuant to the plans and specifications prepared by the City Engineer for the 2004 Prairie Run Improvements, the City may adopter special assessment against the benefiting properties for the costs associated with such improvements. 2. Property Owners hereby knowingly and voluntarily waive any objection to said assessment levied against the Property in an amount up to $436,028, the estimated cost of construction. Specifically, Property Owners acknowledge that the 2004 Prairie Run improvements will specially benefit the Property in an amount at least equal to $436,028 and hereby waive any right to appeal or challenge an assessment in the amount of $436,028 pursuant to Minn. Stat. §429.081, or any other statutory, common law, or Constitutional provision. 3. In the event that the special assessments levied against the Property exceed $436,028, Property Owners shall have the right to appeal from the difference between $436,028 and the actual assessment amount levied against the Property. 4. This Agreement shall be binding upon and extend to the representatives; heirs, successors and assigns of the parties hereto. Dated: 12004 CITY OF ALBERTVILLE PROPERTY OWNERS Donald Peterson Robert C. Heuring • Mayor 35 Bridget Miller Christine A. Heuring City Clerk Eileen C. Heuring Revocable Trust By: Eileen C. Heuring Its: Trustee STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT } The foregoing instrument was acknowledged before me this _ day of , 2004, by Don Peterson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ),ss. COUNTY OF WRIGHT ) 0 The foregoing instrument was acknowledged before me this day of , 2004, by Bridget Miller, as j Clerk of the. City of Albertville, a Minnesota municipal corporation, on behalf of the. city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) s.s. COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this day of 2004, by Robert C. Heuring and Christine A. Heuring. SIGNATURE OF NOTARY STATE OF MINNESOTA) ) s.s. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2004, by Eileen C. Heuring as Trustee of the Eileen C. Heuring Revocable Trust Under Agreement Dated December 1, 1999. SIGNATURE OF NOTARY 36 AGREEMENT FOR WAIVER OF OBJECTION TO SPECIAL ASSESSMENT ASSOCIATED WITH THE 2004 PRAIRIE RUN IMPROVEMENT PLANS WHEREAS, the Albertville City Council has received a petition from abutting landowners requesting that the City construct street, curb, gutter, municipal water, stone water, sanitary sewer, sidewalk and grading improvements in that development that has received preliminary plat approval as Prairie Run within the City of Albertville; WHEREAS, the above referenced improvement project is known as the "2004 Prairie Run Improvements"; WHEREAS, the petitioners have requested that any and all fees and costs required for construction of said petitioned for improvements be adopted by the City as a special assessment against the benefited properties. WHEREAS, the City has agreed to construct the petitioned for street, curb, gutter, municipal water, storm water, sanitary sewer, sidewalk and grading improvements provided that the owners of the property that would benefit from the subject improvements agree to waive any special assessment appeal rights they might have with regard to the costs proposed to be assessed to their property. WHEREAS, the following entities (collectively "Property Owners") all have an ownership interest in the property as legally described on attached Exhibit A ("Property): 1. Eileen C. Heuring as Trustee of the Eileen C. Heuring Revocable Trust under agreement dated December 1, 1999 and Robert C. Heuring and Christine Ann Heuring, as purchasers under a contract for deed, recorded or/or filed in the office of the County Recorder in and for the County of Wright, State of Minnesota, on the 18`h day of April, 1990, as Document No. 471850; 2. Robert C. Heuring and Christine A. Heuring, husband and wife as sellers under a contract for deed, , recorded or/or filed in the office of the County Recorder in and for the County of Wright, State of Minnesota, on the 12`h day of November, 1999, as Document No. 695049 and purchasers under a contract for deed, recorded or/or filed in the office of the County Recorder in and for the County of Wright, State of Minnesota, on the 18th day of April, 1990, as Document No. 471850; and 3. Duerrs Watercare Service, Inc., a Minnesota Corporation, as purchaser under a contract for. deed, recorded or/or filed in the office of the County Recorder in and for the County of Wright, State of Minnesota, on the 121h day of November, 1999, as Document No. 695049. WHEREAS, the assessment to the Property as a result of the 2004 Prairie Run Improvements is estimated to be $207,511; NOW, THEREFORE, the City of Albertville and Property Owners agree as follows: 1. In the event theCityshall construct the petitioned for improvements pursuant to the plans and specifications, prepared by the City Engineer for the 2004 Prairie Run Improvements, the City may adopt a special assessment against the benefiting properties for the costs associated with such improvements. 2. Property Owners hereby: knowingly and voluntarily waive any objection to said assessment levied against the Property in an amount up to $207,511, the estimated cost of construction. Specifically, Property Owners acknowledge that the 2004 Prairie Run improvements will specially benefit the Property in an amount at least equal to $207,511 and hereby waive any right to appeal or challenge an assessment in the amount of $207,511 pursuant to Minn. Stat. §429.081, or any other statutory, common law, or Constitutional provision. 3. In the event that the special assessments levied against the Property exceed $207,511, Property Owners shall have the •j right to appeal from the difference between $207,511 and the actual assessment amount levied against the Property. 38 4. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto, Dated: , 2004 CITY OF ALBERTVILLE PROPERTY OWNERS Donald Peterson Duerrs Watercare Service Mayor By: Its: Bridget Miller Eileen C. Heuring Revocable Trust City Clerk By: Eileen C. Heuring Its: Trustee Robert C. Heuring Christine A. Heuring STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2004, by Don Peterson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT )< The foregoing instrument was acknowledged before me this day of 2004, by Bridget Miller, as Clerk -Administrator of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. ' Notary Public � STATE OF MINNESOTA) ) s.s. 39 COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2004, by as President of Duerrs Watercare Service, Inc. SIGNATURE OF NOTARY STATE OF MINNESOTA ) ) s.s. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2004, by Eileen C. Heuring as Trustee of the Eileen C. Heuring Revocable Trust Under Agreement Dated December 1, 1999. SIGNATURE OF NOTARY STATE OF MINNESOTA) ) s.s. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2004, by Robert C. Heuring and Christine A. Heuring. SIGNATURE OF NOTARY This instrument was drafted by: Couri, MacArthur & Ruppe, P.L.L.P. 705 Central Ave. East P.O. Box 369 St. Michael, MN 55376 (763)497-1930 40 AGREEMENT FOR WAIVER OF OBJECTION TO SPECIAL ASSESSMENT ASSOCIATED WITH THE 2004 PRAIRIE RUN IMPROVEMENT PLANS WHEREAS, the Albertville City Council has received a petition from abutting landowners requesting that the City construct street, curb, gutter, municipal water, storm water, sanitary sewer, sidewalk and grading improvements in that development that has received preliminary plat approval as Prairie Run within the City of Albertville; WHEREAS, the above referenced improvement project is known as the "2004 Prairie Run Improvements"; WHEREAS, the petitioners have requested that any and all fees and costs required for construction of said petitioned for improvements be adopted by the City as a special assessment against the benefited properties. WHEREAS, the City has agreed to construct the petitioned for street, curb, gutter, municipal water, storm water, sanitary sewer, sidewalk and grading improvements provided that the owners of the property that would benefit from the subject improvements agree to waive any special assessment appeal rights they might have with regard to the costs proposed to be assessed to their property. WHEREAS, Gold Key Development, Inc., a Minnesota corporation, and Robert C. Heuring; Christine A. Hearing and Eileen C. Heuring as Trustee of the Eileen C. Heuring Revocable Trust under agreement dated December 1, 1999 (collectively "Property Owners") all have an ownership interest in property shown as Lots 1-15, Block 1, Lots 1-38, Block 2 and Outlot A of the Prairie Run preliminary plat as shown on the Exhibit A (collectively, "Property"); and WHEREAS, the assessment to the Property as a result of the 2004 Prairie Run Improvements is estimated to be $1,360,674; NOW, THEREFORE, the City of Albertville and Property Owners agree as follows: 1. In the event the City shall construct the petitioned for improvements pursuant to the plans and specifications prepared by the City Engineer for the 2004 Prairie Run Improvements, the City may adopt a special assessment against the benefiting properties for the costs associated with such improvements. 2. Property Owners hereby knowingly and voluntarily waive any objection to said assessment levied against the Property in an amount up to $1,360,674, the estimated cost of construction. Specifically, Property Owners acknowledge that the 2004 Prairie Run improvements will specially benefit the Property in an amount at least equal to $1,360,674 and hereby waive any right to appeal or challenge an assessment in the amount of $1,360,674 pursuant to Minn. Stat. §429.081, or , any other statutory, common law, or Constitutional provision. 3. In the event that the special assessments levied against the Property exceed $1,360,674, Property Owners shall have the right to appeal from the difference between $1,360,674 and the actual assessment amount levied against the Property. 4. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. Dated: , 2004 CITY OF ALBERTVILLE PROPERTY OWNERS ,) Donald Peterson Gold Key Development, Inc. Mayor By: Dean R. Johnson 42 Its: President Bridget Miller Robert C. Heuring City Clerk Christine A. Heuring Eileen C. Heuring Revocable Trust By: Eileen C. Heuring Its: Trustee STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this _ day of , 2004, by Don Peterson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public } STATE OF MINNESOTA ) ) ss. COUi W OF WRIGHT The foregoing instrument was acknowledged before me this day of , 2004, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA) ) s.s. , COUNTY OF WRIGHT ), The foregoing instrument was acknowledged before me this day of 2004, by Dean R. Johnson as President of Dean R. Johnson Construction. SIGNATURE OF NOTARY STATE OF MINNESOTA ) s.s. COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this day of 2004, by Robert C. • Heuring and Christine A. Heuring. 43 SIGNATURE OF NOTARY STATE OF MINNESOTA ) ) s.s. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2004, by Eileen C. Heuring as Trustee of the Eileen C. Heuring Revocable Trust Under Agreement Dated December 1 1999. SIGNATURE OF NOTARY This instrument was drafted by: Couri, MacArthur & Ruppe, P.L.L.P. 705 Central Ave. East P.O. Box 369 St. Michael, MN 55376 (763)497-1930 OBobn4veV Ws i\BoM*.Otville\FU rie Rwa\Agrce it for Waiva of Asawsw if (Joins ).Aoc { 44 rt NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555," St. Louis Park, IVIN 55416 Telephone: 952.695.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Larry Kruse FROM: Alan Brixius DATE: June 2,,2004 RE: Albertville - Prairie Run Final Plat FILE NO: 163.06 - 04.20 BACKGROUND Gold Key Development is requesting final plat approval for the Prairie Run preliminary plat/planned unit development. The preliminary plat/planned unit development include 52 single family lots and detached single family townhome lots on 33.5 acres. The delay in processing the final plat was caused by the need to develop an off -site frontage street between the plat and 53`d Street. With the completion of this task, the applicant is now prepared to proceed with final plat. Attached for reference: Exhibit A: Site Location Exhibit B: Site Plan Exhibit C: Grading Plan Exhibit D: Utility Plan Exhibit E: Final Plat ISSUES ANALYSIS Lot Area/Setbacks. The preliminary plat was approved as a planned unit development to allow flexibility in lot area and width. In discussions with the City Council, the following lot area, width and setbacks will apply to the Prairie Run` subdivision: 1. Lots 1-15, Block 1 shall be a minimum of 10,000 square feet in area and 68 feet wide. The final plat complies with this approved standard. 2. Lots 1-13, Block 2 shall be a minimum of 10,000 square feet in area, exclusive of the private street, and 65 feet wide. • The final plat complies with this approved standard. 45 3. Lots 14-38, Block 2 shall not contain less than 12,500 square feet in total area, not less than 10,000 square feet of buildable area, and a lot width of 90 feet. These lots meet and exceed this approved standard. 4. Setbacks shall comply with the following R-1 standards except Lots 1-13, Block 2 may have a minimum 17 foot front yard setback from the private street: Front Yard 30 feet / 17 feet Side Yard 10 feet Rear Yard 25 feet All lots meet these approved setbacks. Garages for Lots 1-15, Block 1 and Lots 1-13, Block 2 must be located behind the house. Streets. The final plat shows the public streets that are compliant with City standards. Settlers Path connects with a frontage road, extending to 53rd Street per City approval. The private street is platted as Outlot A. The development plan illustrates the street having a 28 foot width per City requirements. The following conditions apply to the private street: -1. Outlot A must be owned and maintained by a homeowners association. Lots 1-15, Block 1 and Lots 1-13, Block 2 must be members of this association. 2. The private street shall be posted as no parking on one side of the street. All traffic control signs shall be at the expense of the developer. Outlots. The final plat shows three outlots. Outlot B includes the existing farmstead and its buildings. Because this site includes existing buildings, it should be platted as a lot. Wetlands. Upon completion of the mass grading and wetland mitigation, the developer shall restore the required wetland buffers with required ground cover and plantings.- The developer shall install demarcation posts approved by the City at the edge of the wetland buffer. Landscaping. The developer must submit a landscape plan in accordance with Section 1000.7.K of the Albertville Zoning Ordinance that illustrates a buffer yard a long all lots backing to County Road 18 for City approval. The installation of this landscaped buffer yard shall follow the completion of mass grading. The development agreement shall stipulate the submission of the plan, implementation, and security. Easement. To gain access to the stormwater ponding area, a 20 foot wide easement is required; along the side lot lines of Lots 16 and 17 of Block 2. Development Agreement. A development agreement shall be entered into by the developer that addresses the construction requirements and securities for the plat. Additionally, the following items must be included: 1. Payment of park dedication fees. 2. Schedule for removing agricultural operations from the property. 3. All street names must be consistent with.County street grids. RECOMMENDATION Based on our review, we find that the Prairie Run final plat is consistent with the approved preliminary plat and has complied with the conditions of the preliminary plat approval. Staff recommends approval of the final plat with the following conditions: 1 46 1. Lots 1-15, Block 1 and Lots 14-38, Block 2 shall meet the following setback: Front Yard: 30 feet Side Yard: 10 feet Rear Yard: 25 feet 2. Lots 1-13, Block 2 shall meet the following setbacks: Front Yard: 17 feet from private street Side Yard: 10 feet Rear Yard: 25 feet 3. Private street shall be owned and maintained by a homeowners association Membership to the homeowners association shall be mandatory for Lots 1-15, Block 1 and Lots 1-13, Block 2. 4. The private street shall be posted Ono parking" on one side. Traffic control signs shall be at developer's expense. 5. Outlot B shall be platted as a lot. 6. Developer shall restore vegetation within required wetland buffer after mass grading. The developer shall install wetland markers at the edge of the wetland buffer. Demarcation posts are subject to the approval of the City. 7. The applicant shall submit a landscape plan illustrating a buffer yard along the rear lot lines of all lots abutting County Road 18. The plan shall be subject to approval of City staff with its installation following completion of the mass grading. 1 8. Side lot line easements between Lots 16 and 17, Block 2 be expanded to 20 feet to allow access to the stormwater pens. 9. The developer enter into a development agreement with the City. This agreement shall include, but not be limited to, the following: a. Payment of park dedication fees, b. Schedule for removing agricultural operations from the property. C. All street names must be consistent with County street grids. PC: Pete Carlson Mike Couri Jon Sutherland Dean Johnson Dean R. Johnson Construction 20170 75t" Avenue North Corcoran, MN 55340 47 6-2-04 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Prairie Run Final Plat/PUD Applicant's Name: Gold Key Development Request: The expressed intention of this application is to request approval of the Prairie Run final plat/planned unit development for 52 single family lotson 335 acres located at the southwest quadrant of the County Road 18 and County Road 19 intersection. Preliminary Plat Approval Date: August 2004 City Council Meeting Date: June 7, 2004 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: C. The property is located at 5020 County Road 18 in the City of Albertville. D. The planning report dated June 2, 2004 prepared by NAC is incorporated herein." ' E. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. F. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. G. The requirements of the Albertville Zoning and Subdivision Ordinances have been reviewed; in relation to proposed plans. H. The proposed actions have ,been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. 1 The proposed development will be compatible with present and future land uses of the area. J. The proposed final plat is consistent with the approved preliminary plat and conditions of the approved planned unit development. 0) 48 Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the Prairie Run final plat based on the 6/6703, revised '11/25/03 plans and final plat received to date subject to the following conditions: 1. Lots 1-15, Block 1 and Lots 14738, Block 2 shall meet the following setback: Front Yard: 30 feet Side Yard: 10 feet Rear Yard: 25 feet 2. Lots 1-13,'Block 2 shall meet the following setbacks: Front Yard: 17 feet from private street Side Yard: 10 feet Rear Yard: 25 feet 3. Private street ` shall be owned and maintained by, a homeowners association Membership to the homeowners association shall be mandatory for Lots 1-15, Block 1 and -Lots 1-13, Block 2. 4. The private street shall be posted "no parking" on one side. Traffic control signs shall • be at developer's expense. 5. Outlot B shall be platted as'a lot: - 6. Developer shall restore vegetation within required wetland buffer after mass grading. The developer shall install wetland markers at the edge of the wetland buffer. Demarcation posts are subject to the approval of the City. 7. The applicant shall submit a landscape plan illustrating a buffer yard along the rear lot lines of all lots abutting County Road 18. The plan shall be subject to approval of City staff with its installation following completion of the mass grading. 8. Side lot line easements between Lots 16 and 17, Block 2 be expanded to 20 feet to allow access to the stormwater pens. 9. The developer enter into a development agreement with the City. This agreement shall include, but not be limited to, the following: a. Payment of park dedication fees. b. Schedule for removing agricultural operations from the property. C. All street names must be consistent with County streetgrids. 49 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2004-20 RESOLUTION AWARDING CONTRACT WHEREAS, the City Council of the City of Albertville has duly considered an improvement project to install sanitary sewer, storm sewer, municipal water, curb, gutter, and street on adjacent to and through that property preliminarily platted as Prairie Run_ in the City of Albertville; and WHEREAS, said improvements have been duly approved and ordered, and bids for said project have been advertised in the official City newspaper and the Construction Bulletin for the period required under state statute; THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Minnesota, as follows: 1. The bid of Dennis Fehn Gravel in the amount of $1,575,733.53 for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid and shall be and hereby is accepted. 2. The Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Albertville. 3. The City Clerk is hereby authorized and directed- to return forthwith to all bidders the deposits made with their bids, except the deposit of the successful bidder. ADOPTED by the City Council on the 7th day of June, 2004. 50 CITY OF ALBERTVILLE CITY OF ST. MICHAEL INDEPENDENT SCHOOL DISTRICT #885 AGREEMENT GOVERNING THE PROPOSED EXPANSION OF THE JOINT POWERS ICE ARENA WHEREAS, the City of Albertville ("Albertville"), the City of St. Michael ("St. Michael"), and Independent School District #885 ("School") entered into a joint powers agreement ("JPA") on to provide for the construction and operation of an ice arena ("Facility") located in the City of Albertville; and WHEREAS, the parties now desire to expand the Facility with the addition of locker rooms ("Improvements"); and WHEREAS, the parties desire to have Albertville contract with an architect to design the Improvements desire to have Albertville contract with a contractor to construct the Improvements; and WHEREAS, Albertville and St. Michael are each willing to fund $150,000.00 of the cost of the Improvements, with the remainder to be funded by private donations to the STMA Youth Hockey Association ("Association"); and NOW, THEREFORE, Albertville, St. Michael and the School agree as follows: l . Upon the transfer of $40,000 from the Association to Albertville, Albertville shall contract with an architect licensed in the state of Minnesota to design the Improvements and prepare plans and specifications for solicitation of construction bids. 2. Upon completion of the design for the Improvements,Albertville shall seek and obtain the approval of representatives of the Association as to such design, and upon receiving such approval, Albertville shall seek sealed bids for the Improvements. 3. Albertville shall award the construction contract for the Improvements to the lowest responsible bidder if all of the following conditions are met: A. Albertville receives a bid from a qualified, responsible bidder in an amount such that such that the entire cost of the Improvements, including all architect, design, engineering, construction, construction supervision, reasonable contingency, inspection and other out- of-pocket fees to be paid by Albertville in furtherance of the Improvements, less the amount of funds transferred to Albertville from the Association as set out in this Agreement, is equal to or less than $300,000.00. 51 B. The Association transfers sufficient funds to Albertville to reduce Albertville's and St. Michael's combined share of all of the costs of the Improvements to $300,000.00 or less. C. At the time bids are to be awarded, it is reasonably estimated that the Improvements can be completed by December 1, 2004. 4. In the event that all of the conditions set out in paragraph 3 above are not satisfied, Albertville may use the funds transferred from the Association pursuant to paragraph 1 of this Agreement to reimburse itself for all costs incurred by Albertville pursuant to this Agreement. Albertville shall return any excess funds not needed for reimbursement to the Association. 5. In the event that Albertville awards bids for the construction of the Improvements pursuant to this Agreement, St. Michael agrees to remit to Albertville an amount equal to one-half of the total cost of the Improvements (after reduction for the amounts transferred from the Association as set out in paragraph 3_A. above). St. Michael shall remit such amounts to Albertville within 21 days of request by Albertville, provided that each such request is accompanied by adequate documentation (such as pay requests and invoices) demonstrating that the amounts requested are forproducts delivered or services rendered in furtherance of the Improvements. 6. Any change orders which are estimated to increase the cost of the Improvements by $5,000.00 or more, shall be approved by both Albertville and St. Michael. Upon approval of such change orders by both Cities, the additional cost of the change order shall; become a cost of the Improvements that shall be paid in equal amounts by St. Michael and Albertville in accordance with the procedures set out in paragraph 5 above. 7. Upon completion, the Improvements shall be considered permanent fixtures to the Arena, and shall be owned equally by the School, St. Michael and Albertville, and shall be maintained in the same manner as the existing Arena under the provisions of the JPA. 8. The School, St. Michael and Albertville shall consider the joint purchase of additional' property adjacent to and immediately to the south of the Arena property. It is the intention of the parties that if such property can be secured at a reasonable price, that the School attempt to fund the purchase of such property and place that property under the joint ownership of the School, St. Michael and Albertville, to be used for future expansion of the Arena complex. 9. Albertville has commissioned an appraisal of the property adjacent to and immediately to the south of the Arena property for purposes of valuing the property for a possible purchase as noted in paragraph 8 above. The School and St. Michael shall each reimburse Albertville for 52 one-third of the cost of the appraisal, provided that the maximum reimbursement from each party shall not exceed $333.33. Dated: 2004 CITY OF ALBERTVILLE CITY OF ST. MICHAEL Mayor Mayor Clerk Clerk INDEPENDENT SCHOOL DISTRICT #885 Superintendent 53 City of Albertville MEMORANDUM A. TO: Mayor and City Council B. FROM: Tim Guimont, Public Works Supervisor C. DATE: June 4, 2004 D. SUBJECT: Public Works/Parks Maintenance Report PUBLIC WORKS Streets All of the "Welcome to Albertville" signs have been repaired and painted. The sidewalk on the south side of 571h Street and the west side of Kalland Avenue has been completed. The sprinkler system and sod has been repaired as well. The landscaping has been re -done in front of the Building Department/Public Works Building. PARKS I would like to et a piece of the trail at Westwind Park replaced and put a blacktop curb around the g P P P P playground to hold the sand in. I received an estimate from Omann Bros. for $3,650 to repair the trail and install the blacktop curb. I had the second half of the outfield fence and the old softball field replaced. OTHER We have been very busy already getting things in place for the 2004 Albertville Friendly City Days. tg/bm 54 5775 Wayzata Boulevard, Suite 555, St. Louis -Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacpianning.com PLANNING REPORT TO: Larry Kruse FROM: Bob Kirmis /Alan Brixius DATE: May 5, 2004 RE: Albertville Wright -Hennepin Electric Substation. CUP FILE: 163.06 - 04.17 BACKGROUND Wright -Hennepin Electric has requested approval of a conditional use permit to allow the- construction of a 115/12.5 kV electrical sub -station upon a 4.0 acre site located south of 70th Street and east of proposed Keystone Avenue. In conjunction with the proposal, Great River Energy is proposing to construct approximately 350 feet of new 115 kV transmission line to energize the substation. The new line would tap into an existing Xcel Energy line located south of the proposed substation site. The proposed site was suggested by the City of Albertville as a means of limiting the length of overhead lines withinthe City and moving the transmission lines away from County Road 19. The 4.0 acre site was created through an administrative subdivision approved by the City. The substation is intended to meet the growing electrical demand in the area due to the expansion of the Outlet Mall, the new wastewater treatment plant and new residential developments. According to the Zoning Ordinance, all overhead transmission lines and substation lines in excess of 33 kV require the processing of a conditional use permit. The subject site is zoned 1-1, Light Industrial. Attached for reference: Exhibit A: ' Site Location Exhibit B: Site Perspective Exhibit C: Site Plan Exhibit D: ` Landscape Plan Exhibit E: Grading and Erosion Control Plan Exhibit F: Project Summary RECOMMENDATION Based upon review of the application, our office recommends approval of the conditional use permit subject to the following conditions: 1. Interim access is found to be acceptable with the following conditions: a. Half the future right-of-way for Keystone Avenue is dedicated to the City as part of the J administrative subdivision. 55 b. .The applicant agrees to pay its share of street and utility costsassociated with. the Keystone Avenue improvement at the time Keystone Avenue is constructed. C. With the construction of Keystone Avenue, the interim access from 7& Street is eliminated and restored with berms and landscaping. 2. Parking lot improvements may be deferred until direct access from Keystone Avenue is established. All on -street parking shall meet the following conditions: a. Parking lots shall be paved and have a continuous concrete perimeter curb. b. All parking stalls shall be striped with 9 foot by 20 foot dimensions. 3. The environmental assessment is approved by the City. 4. Landscaping plan be revised to include: a. Staggered rows of six to eight foot tall Black Hills spruce planted on berms with a 15 foot on center spacing. This shall apply to the northeast, north and west property' lines. b. The plan be revised to have six to eight foot tall Black Hills spruce trees planted 15 feet on center -and replace the low growing vegetation along the south property line. C. The landscaping plan must identify the type of ground cover restoration after grading proposed for the balance of the site. 5. Subject to the review and comment of the City Engineer related to grading, drainage and wetlands. lei 6. The applicant submitted detailed building elevations. Said building shall comply with building material requirements for the I-1 District. 7. Other than that infrastructure illustrated on the site plan, no outdoor storage of other equipment shall be allowed on site. E. ANALYSIS Cup Evaluation Criteria. Pursuant to Section 400.2(f) of the zoning ordinance, the Planning Commission and City Council must consider possible adverse effects of the proposed conditional use. Their judgment must be based upon the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 2. The proposed is or will be compatible with present and future uses of the area. 3. The proposed use conforms to all performance standards contained herein. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed.' 56 . 5. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 6. Traffic generated by the proposed use is within capabilities of streets serving the property. The proposed use is considered an essential 'service. " The subject site is bordered on the north by commercial uses (within the City of Otsego) and on the south, east and west by undeveloped land guided and zoned for future industrial use. Provided efforts are made to screen the substation from the neighboring rights -of -way, the use is considered generally compatible with existing and future uses in the area. Lot Requirements. The proposed lot was approved by administrative subdivision. The lot area of 4.0 acres and lot width of 353 feet complies with the City's 1-1 District standards. Setbacks. The substation structure building is located in the southeastern corner of the lot. This structure shall be secured by a seven foot chain link fence. The following setbacks are provided; Proposed Structure Setback 1-1 District Required Proposed Fence Setback Building Substation Front Yard — West 35 feet 78.feet 68 feet 182 feet Side Yard - North 35 feet 145 feet 227 feet 185 feet Side Yard - South- 10 feet 35 feet 95 feet 45 feet Rear Yard - East 20 feet 216 feet 395 feet 230 feet ` The table above illustrates that both the building and substation provide a significant setback from all property lines. Access. Site access is intended to be provided via Keystone Avenue that will be established as a permanent industrial street with the platting of the balance of the industrial property to the west. On an interim arrangement, the site will be provided access via 70th Street NE. This interim access is acceptable provided the following conditions are met: 1. Half the future right-of-way of Keystone Avenue is dedicated to the City as part of the administrative subdivision. 2. The applicant agrees to pay its share of street and utility construction costs at the time that Keystone Avenue is constructed: 3. With the construction of Keystone Avenue, the interim access from 7& Street NE will be eliminated and restored to a landscaped yard. Parking. - The applicant will be constructing a parking lot on the west side of the substation. The parking lot meets required setbacks. The following conditions will be required with the parking lot: 1. The parking lot will be required to be paved and have a concrete perimeter curb. 2. Parking stalls must be striped with 9 feet by 20 feet stall dimensions. Environmental Assessment. The State of Minnesota mandates that an environmental assessment of the proposed project be prepared. An environmental scoping meeting has been scheduled for May 11, '2004 at which . public comment on the environmental assessment will be received. As a condition of CUP approval; the City should formally approve the environmental assessment. 57 Fencing. According to the applicant, the site will be fenced with a seven foot high chain link fence (with an additional foot of barb wire around the top) to deter animals and trespassers. Within the industrial zoning district, an eight foot tall fence with barb wire atop is allowed for security. The fence maintains a substantial setback, but does not serve as screening. Landscaping/Screening. Recognizing that the subject property constitutes a corner lot in a future commercial/industrial area, it will be highly visible to passersby. In this regard, screening of substation equipment is considered very important. The landscape plan shows six to eight foot tall Black Hills spruce trees planted on a three to five foot berm along the north, west, and northeast property lines. Review of the landscape plan reveals that the trees are spread 25 feet on center in staggered rows. To make for a more effective screen, staff recommends a denser planting pattern of 15 feet on center. This spacing is appropriate with Black Hills spruce. The landscape plan shows a mixed low growing vegetation. Staff suggest that Black Hills spruce planted 15 feet on center replace the proposed low, growing vegetation to break up the view of the substation to the south. The plan must illustrate the type of ground cover proposed for the balance of the site after grading (i.e., sod, seed, prairie mix). Transmission Towers. -Power to the substation will be conveyed from the south via a 115 kV tap line. A single span of wires WN run from a tap point (pole) to two, dead-end poles each measuring 65 to 75 feet in height. While the towers will be visible, their location along rear lot lines will minimize their disruption and is considered positive. Noise. According to the applicant, the substation will emit negligible noise at the site's boundaries. As a condition of CUP approval, all applicable State requirements in regard to noise emissions should be satisfied. Wetlands. As shown on the submitted site plan, a small wetland exists in the eastern portion of the site. No alteration of the wetland has been proposed. Wetland related issues should be subject to comment and recommendation 'bythe City Engineer. Grading, Drainage and Utilities. Issues related to grading, drainage and utilities should be subject to review and recommendation by the City Engineer. CONCLUSION The essential service use is considered compatible with the area in which it is proposed. As such, our office recommends approval of the CUP subject to the fulfillment of the conditions listed at the beginning of this report. PC: Mike Couri Pete Carlson Jon Sutherland Wright -Hennepin Electric, 6800 Electric Drive, Rockford, MN, 55373 58 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Albertville- Wright -Hennepin Electric Substation Conditional Use Permit Applicant's Name: Wright -Hennepin Electric Request: The expressed intention of this application is to allow the construction of a 115/12.5 kV electrical sub -station upon 4.0 acres of land located south of 70th Street and east of proposed Keystone Avenue within the City of Albertville. The request calls for the following:. 1. Conditional Use Permit Planning Commission Public Hearing Date: May 11, 2004 City Council Meeting Date: June 7, 2004. FindingsofFact: Based on review of the application and evidence received, the City Council - now makes the following finding of fact and decision: A. The legal description of the subject property is as follows: See Attached. B. The Planning Report dated May 5, 2004 from Northwest Associated Consultants is incorporated herein. C. The proposed, use can be accommodated with existing public services and will not overburden the City' s service capacity. D. Traffic generated by the proposed use is within capabilities of streets, serving the property as proposed. E. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. F. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. G. The proposed development will be compatible with present and future land uses of the .i area. H. The proposed use conforms to all applicable Zoning Ordinance performance standards. 59 I. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision; Based on the foregoing information and applicable ordinances, the City Council APPROVES the Conditional Use Permit application based on site grading and drainage plans dated April 12, 2004 and information received to date subject to the following conditions: 1. interim access is found to be acceptable with the following conditions: a.Half the future right-of-way for Keystone Avenue is dedicated to the City as part of the administrative subdivision. b. The applicant agrees to pay its share of street and utility costs associated with the Keystone Avenue improvement at the time Keystone Avenue is constructed. c. With the construction of Keystone Avenue, the interim access from 70tt Street is ` eliminated and restored with berms and landscaping. 2. Parking lot improvements maybe deferred' until direct access from Keystone Avenue is established. -All on -street parking shall meet the following conditions: a. Parking lots shall be paved, and have a continuous concrete perimeter curb, b. All parking stalls shall be striped with 9 foot by 20 foot dimensions. 3. The environmental assessment is approved by the City. 4. Landscaping plan be revised to include: a. Staggered rows of six to eight foot tall Black Hills spruce shall be planted on the berms with a 15 foot on center spacing. This shall apply to the northeast, north, and west property line. b. The substation pad shall be'/2 foot lower and provide a 3 foot high berm on the southern portion of the site. The plan be revised to have six to eight foot tail Black Hills spruce trees planted 15 feet on center and replace the low growing vegetation along the south property line. C. The landscaping plan must identify the type of ground cover restoration after grading proposed for the balance of the site. 5. Subject to the review and comment of the City Engineer related to grading, drainage, and wetlands. 6. The applicant submitted detailed building elevations. Said building shall comply with building material requirements for the 1-1 District. Sj 60 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Albertville- Wright -Hennepin Electric Substation Environmental Assessment - Approval Applicant's Name: Wright -Hennepin Electric Request: "The expressed intention of this application is to allow the construction of a 115/12.5 kV electrical sub -station upon 4.0 acres of land located south of 70"' Street and east of proposed Keystone Avenue within the City of Albertville. The request calls for the following: Environmental Assessment Approval Planning Commission Public Hearing Date: May 11, 2004 City Council Meeting Date: June 7, 2004. Findings of Fact: Based on review of the: application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description of the subject property is as follows:. See Attached. B. The Planning Report dated May 5, 2004 from Northwest Associated Consultants is incorporated herein. C. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. D. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. E. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. F. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. G. The proposed development will be compatible with present and future land uses of the area. H. The proposed use conforms to all applicable Zoning Ordinance performance standards. } I. The proposed use will not tend to or actually depreciate the area in which it is proposed. 62 Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the Environmental Assessment dated April 2004 and finds it to be complete in conjunction with the Conditional Use Permit application based on the most current plans and information received to date. Adopted by the Albertville City Council this of June, 2004. City of Albertville By: Don Peterson, Mayor Attest: By Bridget Miller, City Clerk i, 63 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, NIN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 plannersCa nacplanning.com PLANNING REPORT TO: Albertville Planning Commission FROM:, Michael Darrow / Alan Brixius DATE: May 5, 2004 RE: Albertville -Towne Lakes — Conditional Use Permit: Off -Site Parking and Site Plan Review NAC FILE: 163.06 — 04.16 BACKGROUND Contractor Property Developers Company has submitted an application for a Conditional Use Permit to allow a communitycenter and swimming pool to be located on Lot 3 Block 1 Towne Lakes 3`d Addition and off-street# 9 parking on Outlot A of Towne Lake 4th. The site. is located along the western portion of West Laketowne Drive and within the Towne Lakes. residential development. The site is zoned PUD to, accommodate residential development. Final Plat of Towne Lakes 3 d Addition occurred June of 2003. The current proposal calls for parking to occur within Outlot A of the Final Plat of Towne Lakes 3'" Addition. A CUP is necessary to accommodate the proposed off-street parking. Attached for reference: Exhibit A: Site Location / Narrative Exhibit B: Site / Grading Plan Exhibit C: Floor Plan Exhibit D: Building Elevations Exhibit E: Landscaping Plan Exhibit F: Conservation Easement/OHWL Setback ISSUES ANALYSIS Zoning. The site is zoned PUD to accommodate single family uses within the site. The final plat included the swimming pool and community center as part of the plan, however details regarding the building and pool and additional parking were not presented. Setbacks. As part of final plat approval, buildings are to be set back a minimum of 15 feet for houses and 22 feet for accessory buildings. The community building will be setback 30 feet1 64 from the West Laketowne Drive right-of-way which is in compliance with the required setback of the plat. According to Section 1000.5 (d) of the Zoning Ordinance, no part of the water surface of the swimming pool may be less than 50 feet from any lot line and deck area must maintain a 30 footsetback. The pool meets this setback from both the north (front) and south (rear) property lines, however, the pool is only 45 feet from east lot line' and 43 feet from Outlot A to the west. We would recommend requiring the pool to be shifted five feet west to provide a proper setback from the adjoining single family lot and allow a reduction in the setback through the PUD using Outlot A as a buffer between the pool and the closest single family homes to the west. The deck area meets the required setback. The applicant has illustrated the conservation easement that extendsaroundSchool Lake. The proposed pool is set back 12 feet from the conservation easement and 50 feet from School Lake OHWL. This complies with the original approved PUD' shoreland setback of 45 feet. ` Access. Access to the parking area will come off of West Laketowne Drive. The alignment to the parking area is across from Lakewood Drive and includes a 24 foot curb cut which is in conformance with Section 1200.4 of the Zoning Ordinance. Parking. According to Section 1200.9 of the Zoning Ordinance, a community center requires 10 spaces plus one for each 150 square feet in excess of 2,000 square feet of floor area in the principal structure shall be necessary. Below is the parking required. Required Proposed 1,866 " 9 = 1,679 10 spaces + one space per 150 16 spaces sf over 2000 sf or (1,359 sf)= 9 spaces 10 spaces required The proposed parking meets the requirements of the Zoning Ordinance. Additionally, the parking area will be curbed and additional landscaping is being proposed around the parking area. Landscaping. The applicant has submitted a landscaping plan that includes a variety of trees and shrubs. The landscaping plan is consistent with the varieties as proposed during the preliminary plat. The applicant will be required to provide planting sizes and dimensions for staff _review and will be subject to Section 1000.7 of the Zoning Ordinance. In addition to the plantings on the site, a practice putting green, roughly 1,000 square feet in size, has been identified on the plan. Because the intent of Outlot A is to remain as natural open space, the synthetic turf green should be removed and that area, exclusive, of the parking area and proposed landscaping, should remain as natural open space. An irrigation system will be •required throughout the site. i 65 Lighting. No lighting plan has been submitted as part of the application. The City will require a photometric plan and details of all exterior lighting fixtures for review and approval. All lighting must comply with the performance standards of Section 1000.10 of the Albertville Zoning Ordinance and be approved by staff. Pool and Fencing. Section 1000.5 of the Zoning Ordinance provides requirements for pools within the City. The section of the Code requires the following: 1. All pools over 24 inches in depth require a building permit. 2. No pumps, filters, or other apparatus shall be located less than 50 feet from any lot line. Said equipment shall be contained within an insulated building. The applicant's building floor illustrates the proposed location of pool equipment within the community building. 3. All pool areas must be enclosed within a fence at least five feet high to prevent -uncontrolled access. The applicant must submit fence detailsandgate latch details for review and approval of the City Building Official. 4. The applicant must design the pool to be flush into the nearest storm sewer to insure the water is treated before it reaches a natural wetland or lake. Sidewalks. A six _foot wide sidewalk is proposed from the parking lot area to the principal structure and -pool area.. The sidewalk will also be tied into to the public sidewalk to the north and western portions of the site. An additional sidewalk connection should be placed from the loop at the front- of the building extending east to the public sidewalk. This is intended to prevent pedestrians from the east from cutting across the landscaped lawn or to access the pool building. Grading, Drainage and Utilities. There is a conservation easement that runs to the south on the lot. A catch basin has been identified on the southern portion of the parking area. The grading and drainage plan is subject to the review and approval of the City Engineer. A utility plan will be required for the site and must include how gas will be provided to the proposed gas fireplace. Impervious' Surface. The developer must demonstrate that each lot has no more than 30 percent impervious surface coverage. Impervious surface calculations must be provided by the developer. Building Design.. The proposed' pool building resembles a barn and silo in attempt to retain the original farmstead atmosphere. The applicant has provided building elevations for review. The exterior will be a mix of lap siding, and board n' batten siding. The elevations show a mix of faux overlay doors, windows, and asphalt shingles which is in keeping with the original farmstead design. The building is not proposed to be sprinklered and will be subject to the review and approval of the Fire Inspector and Building Official. A gas fireplace is shown adjacent to the pool area and will be subject to the review and approval of the Building Official. #� 66 Development Agreement. All site amenities will be owned and maintained by the Towne Lakes Master Homeowners Association. The Homeowners Association and Developers Agreement will be subject to the review and approval of the City Attorney. CONCLUSION The proposed swimming pool and CUP for off -site parking are consistent with the approved Towne Lakes PUD and preliminary plat. Staff recommends approval with the following conditions: 1. The pool is shifted five feet west to provide a 50 foot setback from the single family lot to the east. 2.. The applicant maintain a'50 foot setback from the OHWL of School Lake. 3. The following conditions shall be imposed with the off -site parking lot: a. The Towne Lakes homeowners association shall own and maintain the parking lot. b. The parking lot shall not be used for any outdoor sales or storage. C. No signage or advertising shall be located within the parking lot. 4. 7he applicant shall provide a revised planting schedule that identifies plant sizes. 5. The putting green shall be removed from Outlot A. 6. The applicant shall provide a lighting and photometric plan for all outdoor lighting. Said lighting must comply with Section 1000.10 of the Albertville Zoning Ordinance and approved by City staff. 7. The applicant shall obtain a building permit for the pool and address the following: a. Provide fence details. b. Provide gate latch details. C. Demonstrate method of draining the pool to a storm sewer and treatment pond before release to nature wetland or lakes. 8. Extend a sidewalk east from the loop in front of the building to the public sidewalk east of the building. 9. Grading, drainage and utility plans are subject to comments and approval of the City Engineer. 67 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Albertville- Towne LakesSwimming Pool & Off -Street Parking Conditional Use Permit and Site and Building Review Applicant's Name: Contractor Property Developers Corporation Request: Contractor Property Developers Corporation has requested approval of the following applications: Conditional Use Permit -for off -site parking Site and Building Plan Review The expressed intention of this application is to construct a swimming pool and off -site parking area within the Towne Lakes residential development located within the City of Albertville. Planning Commission Public Hearing Date: May 11, 2004 City Council Meeting Date: June 7, 2004. Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description of the subject property is Lot 3, Block 1 and Outlot A Towne Lakes Td Addition. B. The Planning Report dated May 5, 2004 from Northwest Associated Consultants and the City Engineer's report dated May 10, 2004 is incorporated` herein. C. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. D. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. E. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. F. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. G. The proposed development will be compatible with present and fixture land uses of the area: H. The proposed use conforms to all applicable Zoning Ordinance performance standards. I. The proposed use will not tend to or actually depreciate the area in which it is proposed. 69 Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the Conditional Use Permit and Site and Building Plan based on the most current plans and information received to date subject to the following conditions: Conditional Use and Site and BuildingPlan Approval 1: The pool is shifted five feet west to provide a 50 foot setback from the single family lot to the east. 2. The applicant maintain a 50 foot setback from the OHWL of School Lake. 3. The following conditions shall be imposed with the off -site parking lot: a. The Towne Lakes homeowners association shall own and maintain the parking lot. b. The parking lot shall not be used for any outdoor sales or storage. c. No signage or advertising shall be located within the parking lot. d The applicant shall provide between 14-16 parking stalls. e. Dimensions for the parking lot and driveway shall be added to the plan. f. Concrete curb and gutter shall be installed with the parking lot. g. The storm sewer for the parking lot shall drain to a water quality pond or an existing storm sewer prior to discharging into a wetland. , 4. The applicant pp shall provide a revised planting schedule that identifies., plant sizes. 5. The putting green shall be removed from Outlot A. 6. The applicant shall provide a lighting and photometric plan for all outdoor lighting. Said lighting must comply with Section 1000.10 of the Albertville Zoning Ordinance and approved by City staff. 7. The applicant shall obtain a building permit for the pool and address the following: a. Provide fence details. b." Provide gate latch details. c. Demonstrate method of draining the pool to a storm sewer and treatment pond before release to nature wetland or lakes. 8. Extend a sidewalk east from the loop in front of the building to the public sidewalk east of the building. 9. Grading; drainage, and utility plans are subject to the comments and approval of the City, Engineer's report dated May 10, 2004. 10.The pool, building, parking lot, and sidewalk impervious coverage shall not exceed 30 percent of the combined area of Outlot A and Lot 1. 70 11.The pool and parking area is subject to the review and approval of the City Building Official and Fire Inspector. 12. Erosion control is required and shall be shown on the plan. 13. Sanitary sewer and water services to the activity center shall be shown on the plan. 14. Pedestrian ramps shall comply with ADA requirements. 15. The applicant shall enter into a development agreement with the City. 16. Homeowner association documents are subject to the review and comments of the City Attorney. Adopted by the Albertville City Council this of June, 2004. City of Albertville By: Don Peterson, Mayor Attest: By: - Bridget Miller, City Clerk 71 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone., 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: LarryKruse FROM: Bob Kirmis /Alan Brixius DATE: May 5, 2004 RE: Albertville - Public Works Building CUP FILE: 163.05 - 04.07 BACKGROUND- The purpose of this item is to considerconditional use permit approval for a 16,125 square foot public works building for the City of Albertville. The proposed building would occupy a portion of the City's existing wastewater treatment plant property located north along Maclver Avenue and east of Mud Lake. The subject site is guided for public/semi-public use by the Comprehensive Plan and is zoned P/I, Public/Institutional. The P/I district lists " governmental and public regulated utility buildings, street garages and structures" as conditional uses. , Attached for reference: Exhibit A: Site Location Exhibit B: Site Plan Exhibit C: Grading Plan Exhibit D: Utility Plan Exhibit E: Building Elevations RECOMMENDATION Based upon staff review of the application, our office recommends approval of the conditional use permit application subject to the following conditions: 1. Consideration be given to providing some landscaping on the site particularly on the north and west property lines. 2. All exterior site lighting meet the applicable requirements of the ordinance.- 3. ' If any new site signage is to accompany the proposed building, such signage be in compliance with the applicable requirements of the City's sign ordinance. 4. If trash is to be stored outdoors, receptacles be stored within an enclosure constructed of materials of that are compatible with the principal building. 72 ANALYSIS - Cup Evaluation, Criteria. Pursuant to Section 400.2(f) of the zoning ordinance, the Planning. Commission and City Council must consider possible adverse effects of the proposed { conditional use. Their judgment must be based upon the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 2. The proposed is or will be compatible with present and future uses of the area. 3. The proposed use conforms to all performance standards contained herein. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. 5. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 6. Traffic generatedby the proposed use is within capabilities of streets serving the property. } Comprehensive Plan/Zoning. The property upon which the proposed public works building is proposed to be located is presently occupied by the City's wastewater treatment facility. In this regard, the proposed use is consistent with and complementary to uses in this area and conforms to the performance standards set forth in the Albertville Zoning Ordinance. The proposed use will be served by municipal utilities and will not overburden the City's service capacity. Traffic generated by the use is within the capabilities of the streets serving the property. Access. The proposed building and is to be accessed from the south via Maclver Avenue, (see Exhibit A). Efficient access to and from the site is provided. The access and curb cut meet City standards. Building Materials. As shown on the attached building elevations, the proposed building is to be finished in pre- cast concrete panels and metal wall panel accents. Translucent clearstory windows have been proposed on the east and west sides of the building. The proposed finish materials are consistent with the City's building material requirements. Building, Height. Within P/l districts, -a maximum height requirement of 35 feet is established. The proposed public works building measures 28' 4" in height and satisfies this requirement. Off -Street Parking. The site plan shows 17 parking stalls. The parking stalls are dimensioned 9 feet by 20 feet •with drive lanes that greatly exceed the 24 foot minimum. One disability parking stall is provided with a:dimension - of 14 feet by 20 feet. These stalls are compliant with City standards. 73 The parking area will have a paved bituminous surface with concrete curbing at the front of the building. No curbing is proposed along the east and north sides of the building to accommodate large vehicle movements. Landscaping/Screening. The property is isolated by Mud Lake and Maclver Avenue. These physical 'barriers provide separation from adjoining land uses. However, we should respect the single family land uses to the north and west. The proposed building site is located in an unused sewage pond and as a result, the existing dike walls serve as a berm that will screen the lower portions of the building. The northern berm reaches six feet above the proposed first floor elevations of 958 feet. The combination of berms and distance separating the proposed use from the low density residential land use to the north and west will provide effective screening. The City may require some additional landscaping in conjunction with the berming. Lighting. All outdoor lighting shall be designed to be hooded, flat lens light fixtures that provide 90 degree cut off lighting. All lighting shall comply with the City's glare standards. Setbacks. Within P/I districts, a front yard setback of 35 feet is required. With a'front yard setback of approximately 135 feet, this 'requirement has been satisfied. Likewise, minimum side and rear setback requirements of the P/I district have also been exceeded. Signage. If any new site signage is to accompany the proposed building, such signage should be in compliance with the applicable requirements of the City's sign ordinance. Trash Enclosure. The site plan does not illustrate an exterior trash handling location. If trash is to be stored outdoors, receptacles should be stored within an enclosure constructed of materials of that would be compatible with the principal building. CONCLUSION The proposed use is considered compatible with the area in which it is proposed. As such, our office recommends approval of the CUP subject to the fulfillment of the conditions listed at the beginning of this report. PC: Mike Couri Pete Carlson Jon Sutherland 74 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Albertville- Public Works Building Conditional Use Permit Applicant's Name: City of Albertville Request: The expressed intention of this application is to allow the construction of a 16,125 square foot public works building. The proposed building would occupy a portion of the City's existing, wastewater treatment plant property located north along Maclver Avenue and east of Mud Lake. The request.calls for the following: Conditional Use Permit Planning Commission Public Hearing Date: May 11, 2004 City Council Meeting Date: June 7, 2004. Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The property is located at 6451 Maclver Avenue in the City of Albertville. B. The Planning Report dated May 5, 2004 from Northwest Associated Consultants is incorporated herein. C. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. D. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. E. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. F. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. G. The proposed development will be compatible with present and future land uses of the area. • H. The proposed use conforms to all applicable Zoning Ordinance performance standards: P p PP 9 75 i. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the Conditional Use Permit application based on the most current plans and information received to date subject to the following conditions: 1. ` Consideration be given to providing some landscaping on the site particularly on the north and west property lines. 2. All exterior site lighting meet the applicable requirements of the ordinance. 3. If any new site signage is to accompany the proposed building, such signage be in compliance with the applicable requirements of the City's sign ordinance. 4. If trash is to be stored outdoors, receptacles be stored within an enclosure constructed of materials that are compatible with the principal building. 5. Consideration of dumpster size for miscellaneous refuse. Adopted by the Albertville City, Council this of June, 2004. City of Albertville By: Don Peterson, Mayor Attest: By: Bridget Miller, City Clerk 76 PLANNING REPORT TO: Larry Kruse FROM: Alan Brixius DATE: June 3, 2004 RE: Albertville — Karston Cove 3`d Preliminary and Final Plat FILE NO: 163.06 04.12 BACKGROUND Woodside Communities received preliminary plat approval and final plat approval for the area north of 64th Street at the May-3, 2004 City Council meeting. Issues related to unit size and setbacks prevented final plat action for the townhomes south of 64th Street. Woodside Communities has now made adjustments to the preliminary plat, development plan, and final plat to respond to the outstanding issues. They are now requesting Council action on the revised plans and final plat for :M the entire subdivision/planned unit development. In the following report, we have reviewed the applicant's revised plans and offer comments. Attached for reference: Exhibit A: Site Location Exhibit B: Applicant's Letter Exhibit C: Preliminary Plat Exhibit D: Grading Plan Exhibit E: Utility Plan Exhibit F: Snow Storage, Signage, Lighting Plan Exhibit G: Building Plans Exhibit H: Landscape Plans Exhibit I: Final Plat ISSUES ANALYSIS Density. The original PUD was approved with 43 townhome units. The applicant has retained this unit count. Setbacks. The following setbacks are required by the R-5 Zoning District and the Planning Commission PUD review: Front Yard:- 35 feet Side Yard: 15 feet Rear Yard: 30 feet The applicant's site plan illustrates the following setbacks: 77 Setback from 6 4tn Street: 35 feet Setback from South Lot Line: 30 feet Setback from North Lot Line: 120 feet Setback from East Lot Line: 30 feet Setback from West Lot Line: 25 feet Setback from Townhomes: 22 feet Setback from Parking Stalls: 20 feet Driveway length between garages and back of curb -private streets 22 feet The applicant now compiles with the required R-5 Zoning District setbacks along the periphery of the project. It should be noted that the setbacks were measured from the foundation to the property line. Deck and patios, eight feet in depth, will be extended into these setbacks. The internal setbacks have tightened with the compliance with the peripheral setbacks. The setback from parking areas and the length of driveways are compliant with past approvals. The setback between buildings is 22 feet between Lots 25 and 26 and Lots 9 and 10. This is a reduction from the past plans that show 26 feet. The Albertville Zoning Ordinance requires the setback between buildings to be one- half the sum of the two building heights. The applicant must demonstrate this setback is achieved with the submission of building heights. Grading and Drainage. The adjustment in setbacks has squeezed units closer to ponding and wetland areas. The City Engineer must comment on the acceptability of thisadjustment related to pond elevations and basement elevations. The applicant has maintained the required 20 foot building setback from wetlands. However, the setbacks from wetlands is intended to serve as a filter strip for the wetlands and must be vegetated and undisturbed. This requirement will limit the use of this yard space. Garages. The applicant will meet the required 480 square foot garage size. Guest Parking. The April 7, 2004 planning report recommended that the guest parking on the north side of 60 Street be relocated to the north side of the townhomes. This suggestion was intended to enhance the streetscape appeal of 64t" Street. The applicant's engineer indicated that this relocation is not practical due to slopes and required wetland setbacks. Staff would agree to amend its recommendation provided the applicant screen the guest parking from 64th Street through landscaping. Landscaping. The applicant has responded to past landscaping requests including: 1. Additional plantings in the northwest corner of the site. 2. A coniferous hedge has been provided along the park's parking lot. 3. Additional over story trees have been added along 641h Street. If the guest parking is to remain near 64t" Street, staff suggests additional hedge plantings be provided around the guest parking to screen these areas and enhance the 64 Street streetscape. Lighting. The applicant has complied with lighting recommendations of the Planning Commission. Architecture. The applicant has provided elevation drawings of the townhome units, however, these elevations do not show the type of exterior building materials. The applicant must verify that the townhome elevations include 25 percent of all walls have an exterior of brick or stone. Park Dedication. •? A mistake was made in the April 7, 2004 planning report regarding park dedication. Further investigation reveals that park dedication was not paid for the 3rd Addition. The previous park land dedication 78 covered only Karston Cove 1st and 2nd Additions. As such, park dedication must be paid for the 3`d Addition based on $2,500 per unit (43 units X $2,500 = $107,500). CONCLUSION The applicant's revised preliminary plat and final plat has been adjusted to meet the required peripheral setbacks. However, in complying with these setbacks, the internal setbacks have been tightened which has raised concerns for the stormwater management plan. The City Council, in its review of these items, may choose one of the following options: A. Continue consideration of the preliminary plat final plat to allow the applicant to resolve outstanding design issues. B. Approve the preliminary plat/final plaVPUD with the following conditions: 1. The grading and drainage plans are subject to the review and approval of the City Engineer. 2. The site plan provide setbacks between the townhome buildings equal to one-half of the sum of the height of the two buildings. 3. The landscape plan address the following: a. Restoration of the wetland buffer setback with native vegetative cover to be approved by ) , the City. b. Provision of a landscape hedge around all guest parking stalls to screen the parking from 64th Street. 4. The applicant verify that 25 percent of all townhome exterior walls have a brick or stone finish. 5. The applicant shall enter into a development agreement. 6. The applicant shall submit homeowners association documents for review and approval by the City Attorney. Said documents must be specifically outlined with the maintenance responsibilities for private streets and common areas owned by the association. 7. The applicant shall include in all sales materials for Karston Cove 3`d Addition Townhomes a map that depicts the location and intended use for the parking area in Winter Park. 8. Developer pay a park dedication fee of $107,500. PC: Mike Couri Pete Carlson Jon Sutherland Roger Fink, Woodside Communities 13736 NE Johnson Street Ham take, MN 55304 �l 79 6-3-04 CITY OF ALBERTVILLE - City Council Findings of Fact & Decision Preliminary Plat/Final Plat/PUD Applicant's Name: Woodside Communities LLC Request: The applicant is requesting an amendment to a previously approved preliminary plat from 1998 for Karston Cove Yd Addition. The applicant has submitted plans for subdivision of 43 townhome units on 8.43 gross acres. The site is located south of CSAH 37 in the western City limits abutting Cedar Creek North development. The purpose of the application for preliminary plat/PUD amendment is to allow a change in the housing type from back to back townhomes to all row style townhomes for the site. Planning Commission Public Hearing Date: April 13, 2004 City Council Meeting Date: June 7, 2004 Findings of Fact: Based on review of the applicationand evidence received, the City Council now makes the following finding of fact and decision: A. The planning reports, dated April 7, 2004 and June 2, 2004, prepared by NAG is incorporated herein. B. The Planning Commission recommended approval of the application for preliminary plat/PUD amendment with the following findings: 1. The Albertville Comprehensive Plan contemplates medium density residential development for the site. 2. The site is currently zoned R-5, Medium Density Multiple Family which allows the proposed uses and the density being requested by the applicant. 3. The applicant is proposing an amendment to a previously approved 1998 Karston -Cove plat of which the number of units has not changed and the proposed grading plan is consistent with the previously approved grading plan. 4. The Planning Commission recommendation from their April 13, 2004 meeting is incorporated herein. C. The applicant indicated that a change in housing style may result in setback encroachment for townhome lots located south of 641" Street. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES that portion of the Karston Cove P Addition preliminary plat and CUP/PUD based on plans dated 3/09/04, revised'5/27/04 received to date subject to the following conditions: 1. The grading and drainage plans are subject to the review and approval of the City Engineer. j 80 2. The site plan provide setbacks between the townhome buildings equal to one-half of the sum of the height of the two buildings. ; 3. The landscape plan address the following; a. Restoration of the wetland buffer setback with native vegetative cover to be approved by the City. b. Provision of a landscape hedge around all guest parking stalls to screen the parking from 64`h Street. 4. The applicant verify that 25 percent of all townhome exterior walls have a brick or stone finish. 5. The applicant shall enter into a development agreement. 6. The applicant shall submit homeowners association documents for review and approval by the City Attorney. Said. documents must be specifically outlined with the maintenance responsibilities for private streets and common areas owned by the association. 7. The applicant shall include in all sales materials for Karston Cove 3'd Addition Townhomes a map that depicts the location and intended use for the parking area in Winter Park. 8. The applicant pay a park dedication fee of $107,500. 81 Adopted by the Albertville City Council this 7th day of June 2004. City of Albertville By: Don Peterson, Mayor Attest: By: Bridget Miller, City Clerk �1 82 Albertville Site Location Map Karston Cove Third Addition W tJODSiDE CUMML7NiTIES&_ 0 F Mi t N N w S O T A l N C May 28, 200 _Albertville City Council Mr. Alan Brixius, Northwest Associated Consultants Mr. Peter Carlson, S.E.H., Inc. Mr. w icltael C;ouri, City Attorney Mr. LarryKruse, City Administrator 5975 Main Street NE Albertville, MI NT 55301 Re: Final Plat Approval, Karston Cove 3`d ,addition. Albertville MN Dear Council Members,. Mr. Flrixius, Mr. Carlson and ...3r. Kruse; On May 3, 2004, the Albertville City Council approved our preliminary plat and CL.TP,,TL.D for that portion of Karston Coke 3'"t Addition located north cif 60 Street. The City Council decided to table the approval of the southerly portion (south cif fib°s Street) until certain site design issues could be resolved, After examining a number of alternatives and meeting with Cite Staff we herewith submit OUT revised preliminary plat, site plant and related exhibits, seeking the City Council's approval of our Preliminary Plat and Final Plat on the southern lot and approval of our Final Plat on the northerly lot An explanation. ofthe design details follows. 1. Garages and Guest Parking. As detmonstratet3 by the designed floor plans, all garages meet the J minimum garage standards of 484 square feet. Copies of floor plans are included as exhibits to this subrrritul. At the request of City Staff, the project engineers have re-examined the potential of repositioning guest parking away from the 64"' Street streetscape, moving the towmhome building south, toward the street and placing additional parking on the north side ofthe to nborne. Tire engineers confirmed that due to public sue et right -of -wail set backs, set -backs from wetlands acid maintaining a minima not 15 feet frmu structure to parking, it was impossible to accomplishtlie change in parking location without a variance in the set -hack requirements. The final plan. provides a total of 26 guest parking spaces, which is still in compliance with the City.'Pl parking ordinance. The spaces are located throughout the site for convenient access to the dwelling omits. 2. Landscaping. In compliance with the request ofthe City, Council, the landscaping plan has been revised to replace the deciduous screen plantings sbown between our east property, line and the existing harm in Kohlville Estates, to a.year-round coniferous planting. The earlier plan proposed four, Blackbills Spruce together.txith two Patmore Ash treei. -Tire. revised plan shows six, 6' . Blackliills Spruce strategically,posirioi ed to provide year=round visual screening far the existing dwelling east of the site. 'fbI Council also requested a similar change in the hedge -row plantin along tlft: west edge of the future park parking lot. The :revised plait now proposes to replac e the Witch Hazel hedge with an evergreen,'1'echny Arborvitae hedge. • All other elements ofthe landscaping plan remain unchanged as previously approved. A copy.of the revised landscaping plan is included as an -exhibit, to this submittal.:.,,,,: 1 Street Lighting;. In' compliance with, tlty request ofthe, City Council, an additional, private. street light has been added at the north end;oftiie private street labeled as "Northeast", on the north portion of the site plan. This will increase the number of ate street lights to seven not 42 including the three new public street lights to be installed as a gait of this deve}opriaent,` A:};nther street lightiirgje atures remain unchanged as previously approved. 13736 N.P. lohmm Street •flan, take. MN 55104 EXHIBIT It •) tel: 763.757.4052 'ax:763.757.4094 84 4. Setback Issues - Southerly Lot. At the May 3`4 City Council meeting, it was concluded that, with the assistance of City Staff, Woodside would study and attempt to resolve the building set- back issues for the southerly lot 2 of Karston Cove. Upon reaching a conclusion, Woodside could present the revised plan at the next City Council meeting and request preliminary and final plat approval. The set -back issues were resolved by designing two different floor plan modules, and adjusting the vertical planes of the individual units. In doing so, Woodside was able to assemble the site plan in observance of the various setback restrictions, specifically_ 20' wetland buffer, 30' rear yard setback, 35' front yard setback and minimum driveway lengths of22'. Additionally, by adjusting slightly the alignment of the private drives, Woodside was able to a site plan which totally conforms to the "buildable" area of the site. A revised site plan is included as an exhibit to this submittal. 5. 'Architecture. The Marston Cove Townhouse Community will offer a variety of attractive features and floor plans. filer plan features include master bedroom suite configuration, walk-in closets, gas fireplaces and center island kitchen in some units, All units are 2-story floor plans, furnished with a full basement, a 480 square foot attached garage and a wood deck or balcony. The floor plans offer living: area square footages from 1,481 s.f to 1.523 s.f The building design incorporates covered exterior entry doors for all units. Exterior finishes are comprised of asphalt shingles, vinyl lap siding and brick, in order to minimize exterior maintenance expense. Additionally, the project architect has creatively developed exterior elevations which blend the various unit plans into a congruent building design. In so doing, cue believe this design helps to support property values and offers consistency within the homeowner's association. The revised floor plans and building elevations are included as exhibits to this submittal 6. Future sidewalk. At the request of the City Council, the plans have been revised to remove the label `future" from the sidewalkdesigned as a pan of this project. As the plans indicate, the public sidewalk shown on the south side of 60 Street is to be constructed as a part of the development of Karston Cove P Addition By way of our previous submittals and applications, Woodside has demonstrated compliance with all. earlier requirements of City Staff and of the Council and Planning Commission. We thank you in advance for consideringthis revised development application and look forward to your approval of our Amended Preliminary .Plat and Final Platy Your questions and comments are welcome; Please feel free to contact ine at 763-772-1020. Sincerely, Woodside Communities of Minnesota, Inc. Roger inkDirector of Land Development Enclosures C: Jim Lambeth, President David. 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I, all € 1 T i IC�XSg � i C t qa ucs. � I In Or- a { 1 3 I I i 1 � E( t { t 5 1/2t, CONCEPTUAL MAIN LEVEL, FLOOR PLAN S ARSTc N COVE TOINWHOUSEs 6"$QFT !.L - I,507 --Qn UR9S-Gib-I; CI£ uaPpoo I Rase3 Wd95sI ir00a CO RLW 96 ;'WOODSIDE COMMUNITIESI.XA\_ OF MINNESOTA 1 -1 Ili° 1/2,f t „ M 42'sba' TM MASTIM, MASTER SWROOM »a GE Q 1 t Na GLaL 157Xi$ _ r s E� i iN_LG. E, f t ( BATH TY i tg1� I lii..........,! t !f t DEOROOM #5 1 #}## 12FX102 j � I , f 'V--5 1/20 CONCEPTUAL UPPER LEVEL FLOOR PLAN B' 97 f ZVI 2-CAR &ARA.518 ENTRY iII i � BATH sEPROOar #2 CL5. 1 ,2 log x I � I ( I I I JV./ QM 3 MAIN LEVEL FI.C)tJR PLAN S53. SQFT. SLAW W - T-0" •j TVLLL- on SQIT. _ 98 ✓N. k _ a V Al �r (� I �(7 31, �7 F ! "�. w i ki.:a ta"N a •`�'�ii F !+ �r Cy# ,r .. 9S m ��y�VyJ � �� �.�. xnaaxn � �s` .q�._ =�. r� � c. .a,•«va'��• =""� ! w 100 DRAFT NO.1 DATED JU E 2, 2004 CITY OF ALBERTVILLE CONDITIONAL USE/PLANNED UNIT DEVELOPMENT AGREEMENT KARSTON COVE THIRD ADDITION THIS AGREEMENT, entered into this day of , 2004 by and between WOODSIDE KARSTON COVE, LLC, a Minnesota Limited Liability Company, refereed to herein as "Developer'; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner of the real property described in the attached Exhibit A, which real property is proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Karston Cove Third Addition" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property'; and WHEREAS, Developer intends to subdivide 8.43 acres into 43 townhome lots, for purposes of constructing 43 townhome dwelling units; and WHEREAS, approval of a Conditional Use Permit/Planned Unit Development is required to allow for the aforementioned subdivision proposed by Developer; and WHEREAS, the City has given preliminary approval of Developer's plat of Karston Cove Third Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading, drainage, sanitary sewer, municipal water and storm sewer and drainage ponds (hereafter "Municipal Improvements") be installed to serve the Subject Property and be financed by Developer, and WHEREAS, the City further requires that certain on- and off -site improvements' be installed by the Developer within Said Plat, which improvements consist of paved streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, terming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each parry's promises and considerations herein set forth, as follows: I. Conditional Use Permit. Developer is hereby granted a Conditional Use Permit to allow the development of Said Plat i as a Planned Unit Development with flexibility from the strict requirements of the City's Zoning Ordinance in relation to minimum lot sizes, lot widths and set -back requirements. Unless otherwise explicitly set forth in this Agreement, however, Developer must conform to the requirements of the Albertville Zoning and Subdivision Ordinance, as well as 101 all other applicable land use regulations. Developer agrees that the following conditions will be met on a continuing basis: 1. All grading, drainage, utility, wetland mitigation, and transportation issues that -arise 'during development of Said Plat shall be subject to review and approval by the City Engineer. I Trees, shrubs, berms and screening are to be planted and installed as shown on the landscape plans attached as Exhibit B. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. K. < Developer shall replace, at its own expense, any plantings as shown on attached Exhibit B that might be damaged during the construction of this phase or any future phases of the development. Developer shall guarantee that all plantings replaced pursuant to this paragraph shall survive for two full years from the date of planting. L. Developer shall install the irrigation system as shown on attached Exhibit B. Said irrigation system shall be owned and maintained by the Homeowner's Association in perpetuity. M. The Developer shall install uniform mailboxes. N. Developer shall establish a homeowner's association via a recorded covenant for this Development. Developer shall file the homeowner's association covenants against all Lots in Said Plat. Said Homeowner's Association covenants and agreements for Said Plat shall be submitted to the City Attorney for review and approval and shall be subject to the requirements of Section 1100 and 2700 of the City Zoning Ordinance. 0. Prior to the sale of any lot(s) within Said Plat, Developer shall provide the City with a copy of the sales literature identifying the.required twenty (20) foot wetland setback building restrictions and the location of the city park and future adjacent parking lot. Developer agrees that the aforementioned sales literature will be distributed to all potential lot buyers within Said Plat prior to the sale of any of said lots by Developer. P. All roads located within Said Plat, except 64th Street NE, shall be private streets which shall be owned and maintained by the Homeowner's Association in perpetuity. Q. All driveways located within Said Plat shall be private drives which shall be owned and maintained by the Homeowner's Association in perpetuity. R. Developer shall construct said townhomes in the locations as shown on attached Exhibit C. Said townhomes shall be of a design consistent with the plans attached hereto as Exhibit D. S. No on -street parking shall be permitted on the private streets located within Said Plat. Developer, at its sole expense, shall provide and post "No Parking" signs near all private drives as shown on attached Exhibit E. Ownership and maintenance of said signs shall be the responsibility of the Homeowner's Association in perpetuity. T. Snow removal for all roads located within Said Plat, except 60 Street NE, shall be the responsibility of the Homeowner's Association in perpetuity. Snow storage shall be in the areas as shown on attached Exhibit E. U. Any exterior lighting on Said Plat shall be arranged as to deflect light away from public streets. The source of all lights shall be hooded. Any light or combination of lights which cast light on a public street shall not exceed one (1) foot candle as measured from the centerline of said public street(s) and any light or combination of lights which cast light onto residential property within Said Plat shall not exceed four (4) foot-candle$ as measured from the property boundary. V. Developer, at its sole expense, shall install within the public right of way of 64th Street NE, three, 25-foot street lights, each equipped with a 4 foot mastarm and 250 watt, high pressure sodium "Cobrahead Cutoff' style fixtures at locations specified by the City Engineer. 102 W. Developer, at its sole expense, shall install, at the locations shown on attached Exhibit E, six security light ! poles, positioned to illuminate the guest parking areas. These light fixtures shall be 15 foot poles equipped with a 150 watt, metal halide "Colonial" light fixture. The ownership and maintenance of these security lights shall be the responsibility of the Homeowner's Association in perpetuity. X. All lighting within Said Plat shall be designed, constructed and. installed according to the photometric plan attached hereto as Exhibit F. Y. All wetland buffer areas must be maintained with native plant materials. Z. All signs placed on Said Plat as shown on attached Exhibit E shall be compliant with City ordinances and sign regulations: AA. Developer shall have separate utility connections for each of the townhome units to allow separate water turnoff and sewer connections through the landscaped yards of the townhome units. BB. Other Use Restrictions. On all lots within 30 feet of any wetland or storm water management pond, no structure, including, but not limited to, outbuildings or accessory buildings,fence,` planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot including all improvements in it, shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. No Owner or other person shall apply any fertilizers or herbicides within fifty (50) feet of any drainage easement. Developer shall install, at their sole expense, markers' showing the ` demarcation of wetland boundaries. The demarcation of wetland boundaries shall be subject to the approval of the City. CC. Developer shall install, at its sole expense, a sidewalk to be installed along the south side of 64`" Street NE as shown on attached Exhibit C. 2. Construction of Municipal Improvements. The City acknowledges that the Developer, pursuant to the "Agreement to Allow the Installation of Municipal Improvements" dated September_, 2003, has constructed those Municipal Improvements located on and off Subject Property as detailed in the Plans and Specifications for Karston Cove Third Addition, as prepared by Westwood Professional Services, Inc. dated August 15, 2003 and on file with the City Clerk, said improvements including installation of bituminous street, curb and gutter, water mains, sanitary and storm sewers, storm water ponding and site grading. Developer agrees to warranty the Municipal Improvements from defects in materials and workmanship for a period of two years from the date of acceptance of such Municipal Improvements by the City. 3. Construction of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Front, side and portions of the back yards of residential lots shall be sodded in accordance with the Residential Development Standards as on file with the City Administrator's Office. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Said on- and off -site improvements shall be installed no later than October 31, 2004 with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. 103 B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under ground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Xcel Energy or other such carrier, ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carrier; , In addition, the Developer shall, at its own expense, cause street lights to be installed at such locations as required by the City Engineer. Street signs shall also be installed of such type and, at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. F. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. G. Notwithstanding the requirements of subparagraph 3A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case a certificate of occupancy shall be issued only if the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 150% of the estimated cost of said improvements pursuant to City Ordinance. H. Developer shall install storm water retention/water quality ponds and basins upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit F and Storm Water Drainage Plan attached as Exhibit G. Developer shall dedicate to the City all storm water retention/water quality ponds and basins upon Said Plat and Developer shall provide the City with perpetual drainage easements over such ponds. Said retention ponds and basins shall be installed prior to the installation of utilities. 4. Intended Use of Subdivision Lots. The City and Developer agree that the numbered lots in Said Plat are intended only for 43 townhome units in the number and the configuration as are shown on Said Plat. Developer shall construct only one townhome dwelling unit per numbered lot, unless Said Property is rezoned by the City in the future into a classification which would allow additional units to be constructed 5. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (orothersurety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of S representing the sum of 50% of the estimated costs on and off --site improvements ($ ) and 100% of the estimated cost for landscaping/screening materials for Said Plat. Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off -site improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of , Developer under this agreement. 104 C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City :in enforcing any of the terns of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota: Statutes, including Minnesota Statute 429.081, to the extent of the costs identified in this agreement E. That portion of said cash, in -evocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The formof any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 6. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements, On- and Off -site Improvements, and/or Landscaping Improvements and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements which have been fully' completed and payment made therefor.` All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is famished to the City to replace aprior letter of credit or surety. ii. _ ` When all or a portion of the Municipal Improvements or the on- and off -site improvements or the Landscaping Improvements have been installed, the letter of credit or surety may be reduced" by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% o of the estimated construction price of the Municipal Improvements during the second year of the warranty period, and the City shall loll retain the letter of credit or surety in the amount of 25% of the estimated landscaping costs for two years from the time of the installation of said landscaping materials. 105 iii. As to all requests brought under this paragraph B, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 7. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various representations shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In 'addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from the Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat .to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs, including attorneys fees. Developer knowingly and voluntarily waives all rights to appeal said special assessments :under -Minnesota Statutes section 429.081. 8. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creations, administration, enforcementor execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all. such costs within 30 days of billing by the City. If Developer fails to pay said amounts, then the City may specially assess such costs against the lots within Said Plat. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. Developer has the right to request time. sheets or work records to verify said billing prior to payment. 9. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit F. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 10. Drainage Requirements. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 11. Maintain Public PropgM Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. •� If Developer fails to so clean the streets or repair or maintain said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall 106 reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorneys fees incurred by the City as a result of such legal action. Developer knowingly and voluntarily waives all rights to appeal said special assessments' under Minnesota Statutes section 429.081. 12. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 13. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsiblefor completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialinen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. Developer agrees to obtain all required feder al, state and local permits. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. F. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. G. Developer shall comply with all wager, ponding and wetland related restrictions, if any, required by the City of Albertville, Wright County Soil and Water District and/or any applicable provisions of State and Federal law. ; H. Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100- year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. 1. Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer, Wright County and/or the State of Minnesota 0)14. Violation of Agreement. 107 D. Except as otherwise provided in this Agreement, upon any default by Developer, its successors or assigns, of any of the covenants and agreements herein contained; the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent of the Developer complete the Developer's obligations under this Agreement, and specially assess the costs thereof against the lots within Said Plat and/or bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorneys fees incurred in enforcing this agreement. Developer knowingly and voluntarily waives all statutory rights to appeal said special assessment under'Minnesota Statutes section 429.081. E. Notwithstanding the 30-day notice period provided for in paragraph 14A above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good -faith, reasonable efforts to notify the Developer as soon asispracticable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm., F. Paragraph 14A of this section shall not apply to any acts or rights of the Cityunder the preceding paragraph, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of eredit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. G. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits and/or revocation of the Conditional Use Permit. H. In the event that either the .Developer requests a monument sign for the project, Developer agrees to obtain any necessary sign permits from the City. 15. Dedications to the City. B. Municipal Improvement Dedications: The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall make the following dedications to the City: l . Developer shall dedicate drainage easements to the City over, under and across all drainage, ponds located in Said Plat. 2. Developer shall dedicate to the City all of 60 Street NE . including its right-of-way, the streetlights located within the 64`h Street NE right-of-way, curb, gutters, sidewalks, sewers and water mains and utility easements located within Said Plat. Prior to the City's acceptance of said dedications, Developer shalt provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park Dedication Fees: Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for the 43 residential units in Said Plat, Developer shall pay the City a cash payment totaling $107,500 (43 lots x $2,500.00 per lot) Said park dedication fees shall be paid prior to the release of Said Plat by the City. 16. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the 108 , City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect atthe 'time such ' future Devekopment phases are approved by the City_ 17. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 18. Assignment of Contract. The obligations of the Developer under this Contract cannot be assigned without theexpress written consent of the City Council through Council resolution. 22. Limited Approval. Approval of this Agreement by the City Council and issuance of the Conditional Use Pernut which is the subject of this Agreement in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 23. Sanitary Sewer and Water Trunk Line Fees. Prior to the City releasing Said Plat, Developer agrees to pay a trunk sewer charge in the amount of $11,802, representing $1,400 per acre of Said Plat multiplied by 8.43 acres contained in Said Plat. In addition, prior to release of Said Plat, Developer agrees to pay a trunk water charge in the amount of $10,116 representing $1,200 per acre of Said Plat multiplied by 8.43 acres contained in Said Plat. Developer agrees to pay said amounts prior to the City's release of Said Plat. 24. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorneys fees, engineer's fees, planner's fees, and any } other professional fees incurred b the City p Y in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorneys and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by, the Developer as provided herein. 22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this. Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 23. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 24. Notification information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Woodside Karston Cove, LLC 13736 N.E. Johnson Street Ham Lake, MN 55304 Telephone:(763) 772-1012 109 25. Agreement Effect. This Agreement shall run with the land and be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE By Its Mayor By Its Clerk WOODSIDE KARSTON COVE, LLC By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2004, by Don Peterson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2004, by Bridget Miller, as Clerk -Administrator of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of ,' 2004, by as of Woodside Karston Cove, LLC. Notary Public 110 EXHIBIT A The Real Property subject to the Developer's Agreement is legally described as follows (after the filing of the Karston Cove Third Addition Plat): Lots 1 through 14, Block 1 Lots 1 through 29,. Block 2 All said property in Karston Cove Third Addition Plat, City of Albertville, County of Wright, Minnesota. 112 EXHIBIT B Landscaping Plan EXHIBIT C Preliminary Plat EXHIBIT D Elevation Plan EXHIBIT E Snow Storage, Signage and Private Lighting Plan EXHIBIT F Photometric Plan EXHIBIT G Grading and Erosion Control Plan EXHIBIT H Storm Wafer Ponds Plan 113 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made to be effective as of the day of 2004 by and between the CITY OF ALBERTVILLE, MINNESOTA, a Minnesota municipal corporation (the "Seller"), and , a (the "Purchaser"). In consideration of the mutual covenants and undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purchase of Property. The Seller hereby agrees to sell, and the Purchaser hereby agrees to purchase, for the Purchase Price (as defined below) and in accordance with the provisions of this Agreement, that certain parcel of real property consisting of approximately of surface area situated in the City of Albertville, County of Wright, State of Minnesota, and being more particularly described on Exhibit A attached hereto and incorporated herein by reference, together with all improvements located thereon and with all the appurtenant rights, mineral rights, privileges and easements belonging thereto, subject only to the Permitted Exceptions (as defined below) (the "Property"). The exact legal description of the Property shall be governed by the Title Commitment and Survey (as defined below). 2. Purchase Price. The. Purchaser, agrees to pay the Seller, as the purchase price for the Property (the "Purchase Price"), an amount equal to Dollars ($ } per square foot of Property, excluding delineated wetlands. The Purchase Price shall be payable by the Purchaser as follows: (a) $10,000 by the Purchaser's check to be deposited in an interest bearing trust account of the Title Company (as defined below) within five (5) business days after the Purchase Agreement Delivery Date (as defined below), as earnest money (the "Earnest Money"); all interest earned on such funds shall become part of the Earnest Money; and (b) The balance in cash at the closing. 3. Title. The Seller shall, within twenty (20) days after that date (the "Purchase Agreement Delivery Date") the Purchaser receives from the Seller two (2) copies of this Agreement fully executed by the Seller and the Purchaser, deliver to the Purchaser a commitment for an owner's title insurance policy issued by (the "Title Company"), naming the Purchaser as the proposed owner -insured of the Property (the "Commitment"). The Commitment shall commit to insure marketable title to the Property in the Purchaser subject only to those exceptions listed in Exhibit B attached hereto and incorporated herein by reference (the "Permitted Exceptions"). The Purchaser will be allowed twenty (20) days after receipt of (a) the Commitment, (b) copies of the documents referenced therein and (c)-the Survey (as defined in Section 6 below), whichever is last received, for examination thereof and for making any objections to the marketability of the title to, and the Survey of, the Property, such objections to be made by written notice to the Seller within such twenty (20) day period. If no such written objections are made by the Purchaser, then the Purchaser shall be deemed to have accepted the condition of the title as stated in the Commitment and the condition of the Property as shown on the Survey. The Seller shall cause the Title Company to deliver 114 to the Purchaser simultaneously with the delivery of the Commitment copies of all documents referenced in the Commitment as affecting the Property. If any objections are so made to the marketability of the title to, and the Survey of, the Property, the Seller shall be allowed sixty (60) days after the making of such objections by the Purchaser to cure such objections and to obtain and deliver to the Purchaser appropriate endorsements to the Commitment and an updated Survey, as the case may be, indicating that any such objections have been cured. ; The Date of Closing and the payments hereunder required shall be postponed pending the correction of title and of the Survey, but upon correction of the title and of the Survey and within ten (10) days after written notice of such correction given by the Seller to the Purchaser, the Seller and the Purchaser shall perform this Agreement according to its terms. Title to the Property shall not be deemed objectionable on account of the Permitted Exceptions. If the condition of the title and the condition of the Property, as evidenced by the Commitment and the Survey, together with any appropriate endorsements or updates, is not marketable in the Seller and is not made so within sixty (60) days after the date of making written objections thereto by the Purchaser, or is not marketable of record in the Seller on the Date of Closing, then the Purchaser shall have the following options: (i) The Purchaser may terminate this Agreement by giving written notice to the Seller, in which event this Agreement shall become null and void and neither party shall have any further right or obligation hereunder, and the Earnest Money shall be returned immediately to the Purchaser; or (ii) The Purchaser may elect to waive the objections and accept the title or the condition of the Property in unmarketable condition, in which event the parties shall proceed to closing in accordance with the terms of this Agreement: If the Purchaser does not elect to proceed under Section 3(ii) above by giving written notice to the Seller prior to the expiration of the sixty (60) day period described above, then the Purchaser shall be deemed to have elected to proceed under Section 3(i) above. 4. Inspection. At the Purchaser's sole expense, the Purchaser, its agents and designees are hereby granted the right at any time or times after the date of this Agreement to enter upon and to inspect, analyze and test the Property. The Purchaser shall pay the costs of any such tests, analysis and inspections, and shall indemnify and hold the Seller and the Property harmless from and against any liability, damage or loss whatsoever arising or resulting from the entering upon the Property or the performing of any of such tests, analysis or inspections referred to in this Section 4 by the Purchaser, its agents or designees. 5. Real Estate Taxes and Special Assessments. The Seller shall pay, on or before the Date of Closing, (a) all real estate taxes due and payable with respect to the Property in all years prior to the year of closing and (b) all deferred real estate taxes for the Property for the year of closing and for each year prior to the year of closing, regardless of when such deferred real estate taxes may be due and payable (such deferred taxes include without limitation any taxes deferred under any "green acres" program). The Purchaser shall pay all real estate taxes due and payable with respect to the Property in all years subsequent to the year of closing. Except for the real estate taxes referenced in Section 5(b) ; 115 above (which are the sole responsibility of the Seller), all real estate taxes due and payable in the year of closing shall be prorated on a calendar year basis between" the Seller and the Purchaser as of the Date of Closing based upon the parties' respective periods of ownership and possession of the Property in such year. The Seller shall pay all special assessments, levied against the Property as of the date of this agreement. Buyer shall pay any pending or future assessments for the Improvements (which the Seller has agreed to complete pursuant to Section 7 below) as well as any assessments levied against the property after the date of this agreement. 6. S" urvey. Within 45 days after the Purchase Agreement Delivery Date, the Seller shall, at its sole cost and expense, cause a survey of the Property to be prepared and delivered to the Purchaser by a surveyor registered in the State of Minnesota (the "Survey"). A copy of the Survey shall be delivered to the Seller. 7. Required Improvements. (a) The Improvements. The Seller shall construct and install (or cause to be constructed or installed) the following infrastructure improvements to serve the Property, all of which shall be constructed and installed in accordance with all applicable federal, state, county and local statutes, laws, regulations, rules, ordinances and codes relating thereto (the "Improvements"): (i) Public Utilities. Water, sanitary sewer and storm sewer utility lines will be extended as shown on the City Engineer's feasibility study dated and (ii) Road Extension., 52°d Street shall be extended, including curb and gutter, as shown on the City Engineer's feasibility study dated Seller shall use its best efforts to install the Improvements by (b) Required Construction Standards. Buyer shall construct a building which shall comply with the following requirements: i. Minimum building coverage shall be not less than 30% of the lot area, excluding ponds and delineated wetlands. ii. All exterior wall surfaces shall be brick, stone, or architectural concrete cast in place or pre -cast panels on all wall surfaces. Buyer may use a maximum of 25% metal or fiberglass exterior, if such exterior treatment is coordinated into the architectural design in a manner acceptable to the Albertville City Council. iii. The Buyer shall construct said building by (c) Conditions Survive the Closing. The Provisions of this paragraph 7 shall survive the closing and shall continue as obligations until performance of such obligations is complete. 116 8. Conditions to Purchase Agreement. The obligations of the Purchaser under this Agreement are hereby conditioned upon each of the following to occur: (a) Zoning, Permits and Signage. On or before the Date of Closing, the Purchaser shall have obtained evidence reasonablysatisfactory to the Purchaser (i) that the Property is properly zoned, or may be rezoned as the case may be, to permit its use for the Purchaser's intended purposes (which is to construct and operate an approximately square feet facility), (ii) that all building and other permits,licenses, consents and approvals which are necessary for the Purchaser's contemplated development and use of the Property will be issued by the City of Albertville or other applicable party. The Seller agrees that the Purchaser, at the Purchaser's sole cost and expense, may initiate and conduct negotiations and discussions with the appropriate governmental authorities and other parties regarding the obtaining of any such rezoning, consents, licenses, permits, approvals, signage and annexation, and that it will execute any documents required to authorize the Purchaser to apply for such items. If in the normal course of obtaining such items, and of analyzing the test results from the testing referred to in Section 8(b) below, the Purchaser is prevented from doing so by reason of a lack of a final determination from any governing authority or other party or the lack of a final report from -any testing or inspection organization employed by the Purchaser, then the Purchaser shall be entitled, without any additional monetary consideration or fee, to an extension of the Date of Closing of this Agreement until such matters are resolved, but under no circumstances shall any such extension be more than l sixty (60) days. (b) Testing. On or before the Date of Closing, the Purchaser shall have obtained, at its sole expense, environmental, structural, wetlands, soils and other surface and subsurface inspections, tests, audits and investigations of the Property which, to the satisfaction of the Purchaser in its sole discretion, indicate that the Property is suitable for the Purchaser's intended use of the Property. (c) Performance` by the Seller. On or before the Date of Closing, the Seller shall have performed all of the obligations required to be performed by the Seller under this Agreement, and all representations and warranties of the Seller contained herein shall be true and correct on the Date of Closing as if made on the Date of Closing, except that the installation of the Improvements shall be governed by the terms set forth in paragraph 7(a) of this Agreement. The Purchaser and the Seller each agrees that it will diligently seek to obtain and complete the items described in this Section 8 for which it is responsible using reasonable efforts to do so. If any of the conditions expressed in this Section 8 above has not been met on or before the date set forth above in such condition, then the Purchaser shall have the option, exercisable by written notice to the Seller, (i) to terminate this Agreement, in which event this Agreement shall become null and void and neither party shall have any further right or obligation hereunder, and the Earnest Money shall be returned immediately to the Purchaser, or (ii) to waive the condition, in which event the parties shall proceed to . closing. If the Purchaser does not elect to proceed under Section 8(ii) above by giving written notice to 117 the Seller prior to the date set forth in such condition, then the Purchaser shall be deemed to have elected to proceed under Section 8(i) above. 9. Environmental Laws. (i) To the best knowledge of the Seller, no toxic or hazardous substances or wastes, pollutants or contaminants are located on the Property. 10. Closing and Possession. The date of closing of this Agreement (the "Date of Closing") shall be on , 2004, except to the extent such date has been extended as provided in Sections 3 and 8 above. The closing shall be held at a time and place mutually agreeable to the parties, and the Purchaser shall have possession of the Property, if not sooner given to the Purchaser, from and after the Date of Closing. The Seller shall remove from the Property all personal property not being purchased hereunder and all debris prior to the Date of Closing. At the closing, the Seller shall deliver to the Purchaser the following: (a) A warranty deed conveying to the Purchaser marketable title to the Property, subject only to the Permitted Exceptions and to any matter that has been waived as provided in Section 3 above; (b) An abstract of title to the Property,but only if one exists in the possession or control of the Seller; (c) An affidavit of the Seller, in form and content satisfactory to the Purchaser;stating that the Seller is not a "foreign -person" within,the meaning of Section 1445 of the Internal Revenue Code; (d) An affidavit of the Seller, in form and content satisfactory to the Purchaser, stating that there are, as of the Date of Closing, no outstanding, unsatisfied judgments, tax liens or bankruptcies against the Seller, no labor, services or material machinery furnished to the Property for which mechanic's liens could be filed and no unrecorded interests in the Property which have not been fully disclosed in writing to the Purchaser, together with whatever standard affidavits and other instruments which may required by the title insurer to issue the policy of title insurance pursuant to the Commitment; (e) The appropriate federal income tax reporting form, if any is required; and (f) Any other documents required pursuant to this Agreement. Upon delivery of the foregoing items, the Purchaser shall deliver to the Seller at the closing the following: (g) The balance of the Purchase Price by certified check or wire transfer of federal funds; (h) An affidavit of the Purchaser, in form and content satisfactory to the `Seller, stating that the Purchaser is not a "foreign person" within the meaning of Section 1445 of the internal Revenue Code; and (i) Any other documents required pursuant to this Agreement. . ) 118 11. Costs and Expenses; Proration. (a) The Seller and the Purchaser will each be responsible for its legal, `accounting and other expenses associated with the transaction contemplated by this Agreement up to and including the date final adjustments are made pursuant to this Section. The premium for any title insurance policy desired by the Purchaser shall be paid by the Purchaser. The closing fees of any title company involved in the closing shall be paid by the parties in equal shares. (b) For the purposes of any proration pursuant to this Agreement, the Seller shall be considered to be the owner and possessor of the Property through and for the entire Date of Closing. (c)If any amount to be apportioned under this Agreement cannot be calculated with precision because any item included in such calculation is not then known, such calculation shall be made on the basis' of reasonable estimates by the Seller of the items in question. Promptly after any such item becomes known to either party, such party shall so notify the other and shall include in such notice the amount of any required adjustment. If such adjustment requires an additional payment by the Purchaser to the Seller, the Purchaser shall make such payment to the Seller simultaneously with its giving or within twenty (20) days of its receipt of such notice, as the case may be. If such adjustment requires a refund by the Seller to the Purchaser, the Seller shall make such refund simultaneously with its giving or within twenty (20) days after its receipt of such notice, as the case may be. ' 12. ; Condemnation. In the event that, prior to the Date of Closing, proceedings for the condemnation of the Property or any portion thereof, are commenced by governmental authority having jurisdiction to do so, the Purchaser shall have the option (a) to terminate this Agreement by written notice to the Seller, whereupon the Earnest Money shall be immediately returned to the Purchaser, or 4 (b) elect not to terminate this Agreement on account thereof, whereupon the parties shall proceed to closing. In the event of any such condemnation, the Seller agrees to immediately notify the Purchaser of such condemnation and to provide to the Purchaser all information in the Seller's possession regarding the probable amount of any condemnation award recoverable on account thereof, and, if this Agreement is not terminated on account thereof, the Seller shall either (i) assign to the Purchaser its rights to any such condemnation award or (ii)`reduce the Purchase Price on a pro rata per square foot basis for all portions of the Property condemned by such governmental authority (at which time the Purchaser shall have no right to any of the condemnation proceeds, including any claim for reduction in value to the remaining portions of the Property), the choice between subsections 12(i) or 12(ii) above to be at the sole discretion of the Purchaser. If the Purchaser does not elect to proceed under subsection 12(b) above by giving written notice to the Seller prior to the Date of Closing, then the Purchaser shall be deemed to have elected to proceed under subsection 12(a) above. 13. Warranties and Representations. (a) By the Seller. The Seller warrants and represents to the Purchaser that: (i) The Seller has the power to enter into and perform this Agreement and all closing documents. The Seller is a tax-exempt entity. (ii) The execution and delivery of this Agreement and the consummation of the transaction contemplated thereby, and the fulfillment of the terms and conditions 119 thereof, do not and will not conflict with or result in a breach of any terms or conditions of any restriction or agreement or instrument to which the Seller is now a party. (iii) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Seller, threatened against the Seller or the Property in any court or before any federal, state, municipal or other governmental agency which if decided adversely to the Seller or the Property would have a material adverse effect upon the Seller or the Property. (b) By the Purchaser. The Purchaser warrants and represents to the Seller that: (i) The Purchaser has the power to enter into and perform this Agreement and all closing documents. The Purchaser's federal tax identification number is (ii) The execution and delivery of this Agreement and the consummation of the transaction contemplated thereby, and the fulfillment of the terms and conditions thereof do not and will not conflict with or result in a breach of any terms or conditions of any restriction of agreement or instrument to which the Purchaser is now a party. (iii) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Purchaser, threatened against the Purchaser in any court or before any federal, state, municipal or any other governmental agency which if decided adversely to the Purchaser would have a material adverse affect upon the Purchaser's ability to perform its obligations under this Agreement. 14. Notices. All documents to be delivered and all. notices, demands, requests or other communications which may or shall be given in connection with this Agreement shall, in order to be effective, be in writing and be given by personal service or sent by United States certified mail, return receipt requested, postage prepaid, addressed as follows: If to the Seller: CITY OF ALBERTVILLE, MINNESOTA P.O. Box 9 Albertville, MN 55301 Attention: Ms. Linda Goeb City Administrator with a copy to: COURI & MACARTHUR & RUPPE P.O. Box 369 705 Central Avenue East St. Michael, MN 55376-0369 Attention: Mr. Michael Couri City Attorney •gip 120 If to the Purchaser: with a copy to: Each such mailed notice or communication shall be deemed to have been given to the party to whom it is addressed on date the same is deposited in the United States certified mail, postage prepaid, properly addressed in the manner provided above. Each such document, notice or communication personally served upon a party shall`be effective upon service. Either party may change such party's address under this Section by written notice of such change to the other party hereto, given in the manner above specified, at least ten (10) days prior to the effective date of such change. 15. Binding Effect. The persons executing this Agreement on behalf of the Seller and the Purchaser each represents that he or she has full authority to bind the Seller or the Purchaser, as the case may be, to this Agreement, and that this Agreement has been by him or her duly and validly executed and delivered and is the binding obligation of the Seller -or the Purchaser, respectively, and its successors and assigns, enforceable in accordance with its terms. 16. Survival. All of the covenants, warranties and provisions of this Agreement shall survive and be enforceable after the closing of this transaction, shall survive the execution and delivery of any documents delivered in accordance with this Agreement, and shall inure to the benefit of and be binding upon the Purchaser and the Seller and their respective successors and assigns. 17. Complete Agreement. This is a final agreement between the parties and contains their entire agreement and supersedes all previous understandings and agreements, oral and written, relative to the subject matter of this Agreement. This Agreement may not be changed orally and any amendment to this Agreement must, in order to be effective, be in writing and be signed by the party against whom enforcement is sought. 18. Time of the Essence. Time is of the essence in the performance of this Agreement. Either party shall have the right to seek damages for a breach of this Agreement or the right to seek specific performance of this Agreement provided it is has not been terminated, and further provided, as to any action for specific performance, that such action is commenced within six (6) months after such right of action arises. 19. No Relationship. Nothing in this Agreement shall be construed as creating a joint venture between the Purchaser and the Seller, or any relationship other than that of buyer and seller and neither party hereto, nor anyone else, shall have any authority or power by virtue of the provisions of this Agreement to incur any liability or obligation which will be binding upon the other party hereto, other than as provided by the specific,provisions of this Agreement. 20. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement, even if a question of intent should arise. 121 21. No Waiver. Neither the failure of any party in one or more instances to insist upon performance of any term or provision of this Agreement by the other, nor the waiver by either party in any one or more instances of any breach of any term or provision by the other, nor the failure of any party in any one or more instances to exercise any rights or privilege conferred by this Agreement shall be construed as thereafter waiving any such term, provision, right or privilege. 22. Commissions; Well Disclosure; Sewage Treatment Disclosure. (a) Each party (the "Indemnifying Party") agrees to indemnify and hold harmless the other party from any claims for real estate or other sales commissions or fees arising out of the purchase and sale of the Property pursuant to this Agreement to the extent such claims are based on the acts or agreements of the Indemnifying Party, and any damages, losses, liabilities and expenses, including without limitation attorneys fees, arising out of or relatedthereto. (b) The Seller does hereby certify that, to its knowledge, there are no wells on the Property and does hereby agree to deliver at the closing any written disclosures related to such facts as required by law. (c) The Seller does hereby certifythat, to its knowledge, no individual sewage treatment system is located on or is serving the Property. IN WITNESS WHEREOF, the Seller and the Purchaser have caused this Agreement to be executed as of the date first above written. The Seller The Purchaser CITY OF ALBERTVILLE, MINNESOTA By By Don Peterson Its Mayor Its By Bridget Miller Its City Clerk 122 Exhibit A Description of the Property [The exact legal description to be supplied by the surveyor that completes the Survey] Exhibit B Permitted Exceptions 1. Real estate taxes, but only to the extent payable by the Purchaser pursuant to the foregoing Agreement. 2. Building and zoning laws. 3. Utility, drainage and roadway easements of recorcl which do not interfere with proposed improvements. Exhibit C Development Site [See attached drawing.] GP:904489 v2 123 INTERSTATE 94 ACCESS REQUEST AGREEMENT THIS AGREEMENT is entered into this day of 2004, by and between the City of St.Michael, hereinafter referred to as "St. Michael" and the City of Albertville, hereinafter referred to as "Albertville." WHEREAS: The cities of Albertville and St. Michael worked collaboratively on and recently adopted the NE Wright County Transportation Plan; and, WHEREAS: The NE Wright County Transportation Plan identified transportation improvements in Albertville, Otsego, and St. Michael that are vital to the continued growth and prosperity of the area, including new full interchanges on Interstate 94 at County State Aid Highway #19 (CSAH 19) and Naber Avenue NE; and, WHEREAS: Access locations to Interstate 94 cannot be finalized without approval by the Minnesota Department of Transportation (MnDOT) and Federal Highway Administration (FHWA) through a formal access request; and, WHEREAS: MnDOT and FHWA will require formal access requests to consider the effects of proposed changes to the regional road system, requiring significant traffic analysis crossing multiple jurisdictions; - - WHEREAS: Staff and consultants find that the formal access: requests will be most cost-effective and successful. if done cooperatively by. the cities of Albertville and St. Michael. NOW, THEREFORE, the parties hereto agree as follows: 1. Purpose and Study. The purpose of this Agreement is to develop a cooperative agreement for Albertville and St. Michael to submit Access Requests for Interstate 94 at CSAH 19 and Naber Avenue NE. 2. Regional Traffic Model. In conjunction with the effective date of this Agreement, St. Michael will authorize its Traffic Consultant (SRF) to modify the 2040 regional traffic model at the direction of MnDOT, FHWA, and Albertville, including adjusting the land use, household, employment, and street framework to 2025 projections for up to four (4) access scenarios. This is expected to take 8- . 10 weeks. St. Michael shall be responsible for all costs related to this item. Upon request by Albertville, St. Michael shall provide its updated 2040 regional traffic model and underlying data to. Albertville. 3. Naber Avenue NE Preliminary Design. In conjunction with the effective date of this Agreement, City of St. Michael will authorize its Traffic Consultant (SRF) to begin preparation of a preliminary design for the proposed Naber Avenue NE interchange. This preliminary design will be made available to Albertville's City Engineer no later than the completion of the Regional Traffic Model. In addition, St. Michael will be responsible for addressing any environmental and/or design issues related to the Naber Avenue NE interchange. St. Michael shall be responsible for all costs related to this item. 124 4. Access Request. In conjunction with the effective date of this Agreement, Albertville will authorize its City Engineer (SEH) to prepare and submit a formal access request to MnDOT and FHWA addressing future access at CSAH 19, CSAH 37 and Naber Avenue NE. The access request will involve the following: -4.1 Prepare and submit paperwork as required by MnDOT and FHWA. Albertville will submit paperwork for the proposed Naber Avenue NE interchange as it relates to traffic impacts, including impacts upon the CSAH 37/1-94 interchange. St. Michael shall be responsible for addressing any environmental or design issues related to the proposed Naber Avenue NE interchange at St. Michael's expense. 4.2 Albertville (SEH) will develop a CORSIM model for Interstate 94 at the direction of MnDOT and FHWA, with input from St. Michael. Albertville will provide the model to St. Michael for interim review as well as provide the final model to St. Michael for use in any subsequent studies St. Michael may need to conduct for final access approval of Naber Avenue NE interchange. 4.3 Albertville shall be responsible for all costs related to the items specified in 4.1 and 4.2, except for those expenses specifically undertaken by St. Michael as noted in item 4.1. 5. CSAH 19 Access Request Submittal. The CSAH 19 Access Request shall be prepared by the Albertville City Engineer. St. Michael staff shall have an opportunity to review and comment on the Access Request as it relates to the Naber Avenue NE interchange. Upon approval by the Albertville City Council, Albertville shall submit the CSAH 19 Access Request to MnDOT and FHWA concurrently with St. Michael's Access Request Submittal of Naber Avenue NE. 6. Naber Avenue NE Access Request Submittal. The traffic portion of the Naber Avenue NE Access Request shall be prepared by the Albertville City Engineer as described in 4 above. Albertville staff shall have the opportunity to review and comment on the Access Request as it relates to the CSAH 37 and CSAH 19 interchanges. Upon approval by the St. Michael City Council, St. Michael shall submit the Naber Avenue NE Access Request to MnDOT and FHWA concurrently with Albertville'e CSAH 19 Access Request. 7. Disputes. In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they should consult or negotiate with the other party in good faith and attempt to reach a just and equitable solution satisfactory to both cities. If they do not reach such solution within a.period of sixty days, then the engineer for each City shall jointly select a third engineer to review and act as arbitrator with regard to. such dispute, claim, question or disagreement. The decision of the arbitrator so selected shall be final and binding upon each City. 8. Amendments. Amendments to this Agreement may be made only by written instrument executed by the parties hereto. 9. Effective Date. This Agreement shall be in force and effect following its execution by authorized representatives of both of the members hereto. A certified copy of the Agreement shall be maintained by the Clerks of both Cities. 125 DRAFT 5/25/04 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE 2004 AN ORDINANCE AMENDING ORDINANCE NUMBER 1997-4 TITLED "NOISE" TO ALLOW OUTDOOR MUSICAL PERFORMACES BY PERMIT The City Council of the City of Albertville, Minnesota, hereby ordains as follows: Section 1. Section 1 of Ordinance 1997-4 is hereby amended to read as follows: Section 1. Public Nuisance Noise Prohibited. Except in conjunction with a civic celebration recognized by the City -Council, or by special permit issued by the City Council, no person shall make, continue or cause to be made, any loud, unnecessary, or unusual noise, or any noise which unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of others, precludes their enjoyment - of property, or affects their property value. This general prohibition is not limited by the specific restrictions of Section 2. Section 2. Section 3 of Ordinance 1997-4 is hereby amended to read as follows: Subdivision 3a. Radios, Amplifiers, etc. The using, operating or permitting to be played, any radio, musical instrument, phonograph, juke box, amplifier, or other machine or device for the producing, reproducing,, or amplifying of sound in such manner as to disturb the peace quiet, or comfort of persons residing or working, or peaceably gathered in its vicinity. The operation of said machine or device between the hours of 5:00 PM and 7:00 AM shall be prima facia evidence of a violation of this section if done in such manner as to be plainly audible: (1) Within any building or structure used for residential purposes; or (2) At a distance of fifty feet from the building, structure, or vehicle in which it is located. Subdivision 3b. ` Exception The provisions of Section l and Section 3a do not apply to 01) live outdoor musical performances, which have a permit, approved and issued by the City 127 Council. The following; criteria shall apply to issuance of a live outdoor musical performance permit: (1) Any person and/or organization shall be limited to a maximum of two permits per (2) The permit applicant must pay a permit fee as set by the City Council by resolution (3) In addition to the permit fee the City may require a security deposit (4) The permit applicant must demonstrate that it has adequate sanitary facilities (5) The pen -nit applicant must demonstrate that there will be adequate security at the location of the live outdoor musical performance.' (6) The permit applicant must have sufficient off street parkin (7) The live outdoor musical performance must not interfere with other commercial and governmental activities or with the quiet enjoyment of residential property. (8) _The location of the `live outdoor musical performancemust be at least 400 feet from Any residence located in a residential zoning district. . (9) The live outdoormusical°performance shall only occur on the dates and during the hours designated by the City Council (10) The volume of the live outdoor musical performance must be reasonable. This ordinance shall be effective upon its passage and publication in the official newspaper of the City. Passed'this day of 12004. �a 128 • Mell To: Bridget Miller, City of Albertville From: David Wendorf Date: June 4, 2004 Re: Temporary Outdoor Sales of Alcohol by On -Sale Liquor License Holders Our office received a question from the City concerning whether existing on -sale liquor license holders need a temporary 3.2 permit for outdoor liquor sales on their licensed property. The City has had a past practice of requiring on -sale license holders to obtain an inexpensive m E. temporary 3.2 license t serve alcohol i p rary o outside on their property during Friendly City Days. However, the City is statutorily limited to issuing temporary 3.2 licenses to a club or charitable, religious, or nonprofit organization. Minnesota Statutes Section 340A.403 subdivision 2. Therefore, the temporary 3.2 license is not the appropriate permit. I suspect that this ,permit process has been used though incorrectly to reflect the City's long time position that outside liquor sales unless specifically authorized in the liquor license is not permitted. The holders of on -sale liquor licenses can serve alcohol on the "licensed premises". Minnesota Statutes Section 340A.101 subdivision 15 defines it as: "Licensed premises is the premises described in the approved license application subject to the provisions of section 340A.410, subdivision 7. In the case of a restaurant, club, or exclusive liquor store licensed for on -sales of alcoholic beverages and located on a golf course, "licensed premises" means the entire golf course except for areas where motor vehicles are regularly parked or operated. Minnesota Statutes Section 340A.410, subdivision 7, provides: License limited to space specified. A licensing authority may issue a retail alcoholic beverage license only for a space that is compact and contiguous. A retail alcoholic beverage license is only effective for the licensed premises specified in the approved license application. • 129 In light of the statutory language cited above, the sale of alcohol can occur only in the area • designated on the approved license, which must be compact and contiguous. The liquor licenses should be reviewed to determine what is designated as the premises for sale. If the premises on the license is only described by a name and street address the question becomes whether outside service of alcohol was contemplated when the license was approved. An application for liquor license should be reviewed to determine if any request for outdoor sales exists. The minutes of the City Council meeting at which any license was approved should be reviewed to determine if there was any discussion concerning outdoor sales. If there is no reference to outdoor sales in the application,: license or minutes the question becomes how is the license to be interpreted. One possible interpretation would be that in light of the fact that no outdoor sales areas were specifically includedwithin the described "premises" as identified in the application or the license, and that there is no information indicating that outdoor sales were contemplated by the City Council, any areas for outdoor sales would not be included within the "licensed premises" and therefore prohibited. This view may be supported` by the "compact and contiguous" statutory language. If the outdoor areas were not identified how can the City Council have determined that they were "compact and contiguous". Based on the history of requiring permits for outdoor sales it is likely that this has been the City's position in the past. Another possible interpretation of license could be as the name and address is the only thing which describes the "licensed premises" and that generally describes the entire property, alcohol may be served anywhere on the property. This interpretation creates obvious problems for the City as it could presumably allow for outdoor sales wherever on the property the license holder desires and may not be consistent with statutory requirements. In resolving the current Friendly City Days problem, we have identified two approaches. The first would be for the City to take the position that the "licensed premises" can include outdoor service as long as the service and consumption areas are fenced with the only access through the establishments existing entrance. This would at least in part address the "compact and contiguous" standard as the fence would presumably abut the building and no additional points of entry would be created. Such an approach would allow for appropriate security and is easy to implement. The possible downside to this approach is that outside sales would not be limited to civic celebrations, although this limitation could be added by ordinance at a later point if necessary. A second -approach would be to use the City `s recently passed ordinance allowing for the issuance of a temporary off -premises permit to City issued on -sale liquor license holders to serve off -premises as apart of a recognized civic celebration. The City could adopt the more restrictive interpretation of the liquor license set forth above and still allow the bar owners to serve outside on their property during Friendly City Days through the permitting process. The permit ordinance has a number of desirable conditions required for approval such as fencing and controlled access. The downside to this approach is that bar owners have not been told that this permit is required and there is limited time before Friendly City Day to get approval. This • 130 • would seem to be unfair to those owners who are relying on the 3.2 permitting process used in the past. I contacted the City Planner to determine if there were any zoning issues related to the outside sales of alcohol by on -sale license holders. The one issue that came up was parking. Outdoor sales could be considered an expansion of the business, which would impact on the parking requirements particularly if the parking area is to be used for sales. In order to prevent this problem in the future I suggest that applicants be required to submit a site plan, which identifies those areas in which service and consumption will occur. The plan would allow the City to evaluate the "compact and contiguous" requirement and provide a level certainty as to what is the "licensed premises." , 131 • ADMINISTRATOR REPORT JUNE 2004 Date: June 2, 2004 To: City Council From: Larry R. Kruse, City Administrator Re: General Update 1. 400 SERIES NEGATIVE DEVELOPMENT FUND BALANCES: City Attorney Couri and I are scheduled to meet with Kent Roessler of Kenco and Pilot Land Development the week of June 5th to negotiate delinquent billings. Edina Development canceled our June 2" d meeting, so we intend to serve notice of default ASAP. City Engineer Pete Carlson and I met with Jim Brown representing Marley Glines on Albertville Crossings and have made some progress identifying who is responsible for various billings there. 2. HEALTH INSURANCE/WAGE SURVEY: Employee survey completed and submitted for proposals. 3. CITY MAIN STREET SIGNS: One space remains available on the sign. 4. CODIFICATION: A chronological "Ordinance List" has been developed showing ordinances in the 1992 City Code through Ordinance 2004-03. A "Proposed Table of Contents" has been presented for staff review. CodeWork is ongoing. 5. HOUSE MOVING: COMPLETED! 6. YMCA Meeting: Survey results are expected soon. 7.. 2003'ANNUAL AUDIT: Brian Block, KDV Auditor is planning to review 2003 findings at the June 28 h 29t' or 30tiO special meeting. 8. City Hall, Community Meeting Rooms: Recently, I toured new City Offices/Community facilities in Delano and Hugo. These two facilities offer a good contrast to many of the issues the council has talked about including: 1) a large room separated by sliding wall, versus a separate council chambers separated by a permanent wall; 2) kitchen versus no kitchen and 3) two stories versus one. In discussing this with Mayor Peterson and Councilman Berning, we agreed that all of the council should tour them so you can get a grasp of what you want in a new or remodeled facility. 132 •Delano has nice council chambers with a divider separating it from a large senior room with a full kitchen and fireplace. They boast about another 20' x 40' community room for smaller groups. City offices are on two floors. The senior citizens donated $500,000 towards the construction effort. The City of Hugo has a_council chambers and a community room separated by a standard wall. It has a capacity of about 150 people in the community room and 80-100>in council chambers. The facility does not have kitchen facilities but has one long wall of counter space and a commercial coffee pot. City offices are on one floor. Our touring goal would be to generate discussion about what you want. Following that, the committee of Don and Leroy can facilitate a discussion following our Audit Report meeting scheduled for June 28`h, 29a' or 30a'. If the council decides you want to proceed with a project in 2005, then we need to engage an architect now. If the decision is to proceed, we have one more opportunity to take advantage of low interest rates and package the financing with the public works facility. If the decision is going to be delayed, we will proceed with financing them separately. 9. FINANCIAL REPORTS: Starting with our June (28 h, 29t' or 30t') meeting with our Auditor, I will begin presenting regular financial reports. We are now entering the 2004 budget into the software program and I will be presenting the council with an amended budget recommendation . for a number of things approved by the council such as the codification, establishment of the finance department, etc. We continue to identify areas for improvement. Recently I learned that final water bills were sent once and then never billed again. Thus we have accumulated an outstanding balance of about $4,000, which was never billed beyond the one final bill. In the future, we will calculate interest and penalty and continue to mail these bills out and annually certify delinquent bills on the taxes, assuming the ordinance allows the bill to follow the property and not the person. If the ordinance does not allow this, I will ask the council to amend the ordinance. Most people will pay these bills, but with us failing to send them a second or third time, most become uncollectible. We will do an aging of accounts and most likely I will come back with a request to write old ones off (pre-2004). In the near future, I will be making a request for some additional accounting software to manage account receivable, point of sale receipting and fixed assets. To compliment this, if the scanning software is approved, we will begin scanning financial documents for electronic retrieval and retention. 10. PUBLIC WORKS FACILITY: The Public Works Facility continues to be on schedule and the contractor has completed the site work and installation of underground piping. The rain has held them up a little and they are now waiting for bar joists and tip up concrete to continue. • 11. STMA ARENA 133 Albertville's Management Agreement is being presented to Council and then to STMA for approval. $40,000 of money is being requested from the STMA Youth Hockey Association in order to contract with S.E.H. for the plans, specifications and bidding. In the mean time, I have asked City Engineer Carlson for a management letter outlining how donations of material and labor will be handled so everyone is very clear on this issue. Once bids are received, the City will not proceed with awarding the bid until sufficient funds are deposited with the City to cover construction and contingency. Our goal remains to complete construction before year-end. 12.50th STREET TRAIL - City Engineer Pete Carlson and I met with property owners on Wednesday, June 02, 2004 and reviewed the project and answer questions that they had. The School signed their permanent and temporary easements. The week of June 7th, I will begin meeting with individual property owners to negotiate permanent easements and obtain signatures on the temporary easements. In the mean time, we will seek bids for the trail. 13. JOINT MEETING WITH THE CITY OF OTSECO Confirmed meeting with the City of Otsego on Wednesday, June 3& 7:00 p.m. in Albertville. City Engineer Carlson and I met with Otsego City Administrator Mike Robertson and their City Engineer Thursday June 3rd and discussed Magiver, 70th Street; Cedar Creek and a joint water connect for emergency use. Magiver: Came to the consensus that Otsego will put some numbers together on what the cost will be to improve Magiver to a four lane in hopes that the two cities can come to an agreement of what Albertville,would contribute in the future (10 years ?) for their share of the project. 70th Street: Came to the consensus that Otsego will put together some draft language for an agreement for development of 70th street possibly as early as 2005 construction. Otsego Creek: The two city engineers will review the Creek Agreement to identify the amount of flow allowed and where that is measured. Fire Department: City Administrator Kruse will follow up on the report that Albertville is responding to Otsego properties faster than Monticello. Kruse will compile a service area map outlining those areas so the City of Otsego can consider modification of the servicearea. 14. INDUSTRIAL PARK STREET IMPROVEMENT Draft Purchase Agreement going to council, 15. TERRI HEDQUIST RESIGNATION Terri Hedquist has resigned effective June 15, 2004 to manage the new Country Inn & Suites. It is with regrets Terri leaves us, however we are happy for the new challenges before her. 134 • JOINT POWERS WATER BOARD MINUTES, Regular Meeting of April 26, 2004 6:00 PM JPWT Plant Board Room 6:00 PM Call to Order by Chairperson, Don Peterson Board Members Present: Joyce Paullin Wayne Kessler, Joe Hagerty (alternate for Tom HagertyGerhardt: Kottke, Tom Fay Board Members Absent: Tom Hagerty Staff Present: Chris Catlin,"HR Green; Kelly Browning, USFilter; Shelly Keyes, .USFilter Staff Absent: None MOTION BY KESSLER, SECOND BY KOTTKE, TO ADOPT THE AGNA AS PRESENTED. MOTION CARRIED UNANIMOUSLY.,, w� There was no one present under the Citizen Forum. Regarding the Minutes of the March 22, 2004 meeting, Browning exp&W .that City of St. Michael Engineer Steve Bot spoke with her to clarify his position on the potential site for the T�er 3 Prey -'He favors the property off 15s' Street because it's located near property �y owned by Joint Powers. Browning.'tated she assured Bot that the reasoning wasn't discussed much because the Board°memb 4.' w about the property location. Browning added the Meeting Minutes were correct as presented to the Board MOTION BY PAULLIN, SEC46.13Y FAY TO APPROVE 1*, ITNUTES OF THE MARCH 22, 2004 REGULAR MEETING. MOTION CARRIED tt�NIMOUSLY MOTION BY PAULL14,1 SECOND BY i6jSSLER TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNALY Under Una ' $ Business, Browning'discussed the Vulnerability Assessment Report recently completed by security specialist Peter'g"g. Four numbered 4ocuments were generated and Browning suggested appointing a committee comprised of Board.niembers, staff an gineering to review the copies, decide where they are kept and who should have access. Browning also ed Beering rrnmended the copies remain in the facility since it's not a public document. Kessler and Fay thoughtone copy should be given to each city for review by city officials. Peterson suggested giving each city administrator a copy a4,,Ut thernAetermine who reviews the document. Discussion followed regarding restriction of reprints and Browning remarked hi `report does state it is not to be duplicated. Browning explained a copy was available for members to review after the meeting and the Chairman does need to sign the document before it can be presented to the EPA. Paullin thought the documents should stay at the water plant and city officials could stop in and view them since it was recommended by Beering. Browning explained there is no timeline for review since the document is complete, but the Board does need to consider the recommendations for feasible changes. Browning further noted there are actually two documents, the Vulnerability Assessment and the Emergency Plan, both completed by Beering, to be signed and submitted to EPA and Department of Homeland Security. The Emergency Plan will be incorporated into the existing emergency procedures. Members agreed the easiest way for necessary city officials to review the documents would be to allow one copy be released to each city. MOTION BY PETERSON, SECOND BY KESSLER TO APPROVE A COPY OF THE VULNERABILITY ASSESSMENT REPORT BE GIVEN TO EACH CITY ADMINISTRATOR. MOTION CARRIED UNANIMOUSLY.' • 135 Additional unfinished business included the Don Johnson claim update. Browning explained St. Michael has now taken over • the dispute since Joint Powers' name has been removed as the defendant. No action required by the Board at this time. Under New Business, Board Members discussed 2004 Sprinkling Regulations. Browning explained a memo was sent to all three cities asking for input and that most of the same policies would remain in place, but any additional input from the Board could be added. Kessler suggested making midnight the cutoff time to lessen confusion and Browning agreed. The time restriction was discussed and Browning explained that from 5 pm until pm was the peak usage time, which was the reason for the daytime ban until 7 pm. Peterson stated the number one complaint he heard was kids couldn't run through sprinklers and wondered if there could be a recreational exception. Browning reminded the Board that enforcement is an issue also since staff has to verify violations. Warning letters will be sent again this year instead of an immediate violation. Chris Catlin suggested perhaps a complete ban on Sundays since that is the heaviest day of usage. Kessler wondered if water could bypass the filters at peak times and Browning agreed they have done that but try to avoid it since the water is rusty when not treated. Board members agreed the sixty day exemption worked well for sod and seed, odd/even days for odd/even houses, daytime ban on sprinkling from 10 am to 7 pm and some mention of recreational exceptions. MOTION BY KESSLER, SECOND BY PAULLIN TO APPROVE THE SPRINKLING RESTRICTIONS. MOTION CARRIED UNANIMOUSLY. Additonal new business included discussion of a billing dispute. Keyes explained the customer Mark Lynde thought he was being charged additional final bill fees but the actual charges were late fees for not receiving his payment before the February 21 ' deadline. Browning explained an additional week is usually given before penalties are applied. Kessler questioned why Lynde said he never got his final bill for two months and Browning explained final bills can only be run at certain times during the billing cycle. Browning further explained the situation was pretty cut and dried but because the customer wrote a` letter, she felt it should be presented to the Board. The Board agreed not to waive the late fees. Under the Engineer's Report, Catlin discussed a routine plan review by Anderson -Johnson of the Hanover Elementary Expansion. No Board action required at this time. Catlin also discussed the depth of bury issue which had been presented by Motzko Companies at the last meeting. Catlin had again reviewed Motzko's claim and found no basis for additional payments. No Board action required at this time. Catlin gave bid tabulation recommendation for Valve Station No 7 and explained this was the electrical, piping and valve portion associated with Well No.7. Three bids were received and JR Ferche was recommended award at $271,620.00. MOTION BY KESSLER, SECOND BY PAULLIN TO AWARD THE VALVE STATION NO. 7 TO JR FERCHE. MOTION CARRIED UNANIMOUSLY. There was no discussion under Operations/Office. MOTION BY FAY, SECOND BY PAULLIN, TO APPROVE THE LIST OF CLAIMS AS PRESENTED. MOTION CARRIED UNANIMOUSLY. In Other Business or Announcements. Browning explained the correspondence received was a favorable note regarding the new bill format. Each Board Member had received an example of the new bill format with the Board packet and Browning pointed out each city had their own rates printed on the bills for their residents. Additional discussion was held regarding ERT conversions. Kessler questioned the status and Browning stated conversions were around 50 percent complete. Browning further stated this was the first quarter residents with electronic meters weren't required to return a meter card and the process was working well with a few issues regarding missed reads. MOTION BY PAULLIN, SECOND BY KOTTKE TO ADJOURN THE MEETING AT 7:25 P.M. MOTION CARRIED UNANIMOUSLY. 136 A�Ibcrtvillc • City of Albertville Planning & Zoning Commission Minutes May 11, 2004 Albertville City Hall 7:00 PM a)CALL TO ORDER ROLL CALL -'ADOPT AGENDA PRESENT: 'Chair Sharon Leintz, Commission members Scott Dorenbush, Dan Wagner, Frank Kocon, and Tiffany Meza, Council Liaison LeRoy Berning, City Planner Alan Brixius, and City Clerk/Secretary Bridget Miller. Chair Leintz called the Planning and Zoning Commission meeting of the City of Albertville to order at 7:00 p.m. AGENDA: Add item S.a. Karston Cove 3'd Update MOTION BY Commission member Kocon, seconded by Commission member Wagner to approve the i agenda as amended. Motion carried unanimously. MINUTES: MOTION BY Commission member Wagner, seconded by Commission member Kocon to approve the minutes of March 9, 2004, Planning & Zoning Commission Minutes with additional comments from'a resident. Motion carried unanimously. NEW BUSINESS None PUBLIC HEARINGS WRIGHT-HENNEPIN SUBSTATION ENVIRONMENTAL ASSESSMENT HEARING CUP FOR TRANSMISSION PIPELINES Chair Leintz opened the public hearing for Wright -Hennepin Substation at 7:05 p.m. City Planner Brixius began his report to the Commission. He stated that Wright -Hennepin Electric has requested approval of a conditional use permit to allow the construction of an 115/12.5 kV electrical sub -station upon a 4.0-acre site located south of 70d' Street and east of proposed Keystone Avenue. In conjunction with the proposal, Great River Energy is proposing to construct approximately 350 feet of • 138 I i new 115 kV transmission line to energize the substation. The new line would tap into an existing Xcel Energy line located south of the proposed substation site. The proposed site was suggested by the City of Albertville as a means of limiting the length of overhead lines within the City and moving the transmission lines away from County Road 19. The 4.0-acre site was created through an administrative subdivision approved by the City. It is staffs recommendation based upon review of the application, our office recommends approval of the conditional use permit subject to the following conditions: 1. Interim access is found to be acceptable with the following conditions: a. Half the future right-of-way for Keystone Avenue is dedicated to the City as part of the administrative subdivision. - b.. The applicant agrees to pay its share of street and utility costs associated with the Keystone Avenue improvement at the time Keystone Avenue is constructed. c. With the construction of Keystone Avenue, the interim access from 70'h Street ' is eliminated and restored with berms and landscaping. 2. Parking lot improvements may be deferred until direct access from Keystone Avenue is established. All on -street parking shall meet the following conditions: a. Parking lots shall be paved and have a continuous concrete perimeter curb. b. All parking stalls shall be striped with 940ot by 20-foot dimensions. 3. The City approves the environmental assessment. 4. Landscaping plan be revised to include: a. Staggered rows of six to eight foot tall Black Hills spruce planted on berms with a 15 foot on center spacing. This shall apply to the northeast, north and west property lines. b. The plan be revised to have six to eight foot tall Black Hills spruce trees planted 15 feet on center and replace the low growing vegetation along the south property line. ` e. The landscaping plan must identify the type of ground cover restoration after grading proposed for the balance of the site. 5. Subject to the review and comment of the City Engineer related to grading, drainage and wetlands. 6. The applicant submitted detailed building elevations. Said building shall comply with building material requirements for the I-1 District. 139 7. Other than that infrastructure illustrated on the site plan, no outdoor storage of other equipment • shall be allowed on site. In conclusion the essential service use is considered compatible with the area in which it is proposed. As such, our office recommends approval of the CUPsubjectto the fulfillment of the conditions listed at the beginning of this report. Commission member Meza asked about the towers visibility? Dale Aukee from Great River Energy informed the commission members as to the location of the towers. Commission member Kocon asked about a timetable for the temporary road? City Planner Brixius did not have a definite time table as to the Why isn't the application using the existing road / driveway that is already there. Zoning Administrator Sutherland had a concern with the costs for the road installation - which will be paying and how will they pay for it. Also asked if the site be completely graded? Dale Aukee and WayneBauernschmitt both stated yes the site will be graded and there will be an agreement as to the cost for the road. There was a question regarding the berm height and the building elevations. Dale and Wayne confirmed that both of these issues would be addressed. Commission member Meza inquired about the parking lot will it be paved at this time or would they wait until the permanent road is in place. Chair Leintz asked if there were any questions or concerns from the audience. There were no comments. Chair Leintz closed the public hearing 7:30 p.m. MOTION BY Commission member Dorenbush, seconded by Commission member Kocon to approve the Environmental Assessment Hearing. Motion carried unanimously. MOTION BY Commission member Wagner, seconded by Commission member Dorenbush to approve the CUP for Transmission Pipelines with the additional recommendations made by the City Planner. Motion carried unanimously. 140 TOWNE LADES SWIMMING POOL AND OFF -SITE PARKING CUP OFF -SITE PARKING SITE AND BUILDING REVIEW Chair Leintz opened the public hearing for Towne Lakes Swimming Pool and Off --site Parking at 7:32 p.m. City Planner Brixius went over the background regarding the site plan before the commission this evening. Contractor Property Developers Company has submitted an application for a Conditional Use Permit to allow a community center and swimming pool to be located on Lot 3, Block 1 Towne Lakes 3rd Addition and off-street parking on Outlot A of Towne Lake 0. The site is located along the western portion of West Laketowne Drive and within the Towne Lakes residential development. The site is zoned PUD to accommodate residential development. Final Plat of Towne Lakes 3rd Addition occurred June of 2003. The current proposal calls for parking to occur within Outlot A of the Final Plat of Towne Lakes 3rd Addition. A CUP is necessary to accommodate the proposed off-street parking. In conclusion the proposed swimming pool and CUP for off -site parking are consistent with the approved Towne Lakes PUD and preliminary plat. Staff recommends approval with the following conditions: 1. The pool is shifted five feet west to provide a 50-foot setback from the single-family lot to the east. 2. The applicant maintains a 50-foot setback from the OHWL of School Lake. 3. The following conditions shall be imposed with the off -site parking lot: a. The Towne Lakes homeowners association shall own and maintain the parking lot. b. The parking lot shall not be used for any outdoor sales or storage. c. No signage or advertising shall be located within the parking lot. 4. The applicant shall provide a revised planting schedule that identifies plant sizes: 5. The putting green shall be removed from Outlot A. 6. The applicant shall provide a lighting and photometric plan for all outdoor lighting. Said lighting must comply with Section 1000.10 of the Albertville Zoning Ordinance and approved by City staff. 7. The applicant shall obtain a building permit for the pool and address the following: a. Provide fence details. b. Provide gate latch details.' c. Demonstrate method of draining the pool to a storm sewer and treatment pond before release to nature wetland or lakes. 141 8. Extend a sidewalk east from the loop in front of the building to the public sidewalk east of the building. 9. Grading, drainage and utility plans are subject to comments and approval of the City Engineer. 10. The pool, building, parking lot, and sidewalk impervious coverage shall not exceed 30 percent of the lot area. 11. Subject to the review comments of the City Building Official and Fire Inspector. 12. The applicant enters into a development agreement with the City. 13. Homeowner association documents are subject to the review comments of the City Attorney. Council - asked Dave if he had talked to any of the homeowners regarding this swimming pool. Dave informed Mr. Berning that they have had a meeting with the current homeowners regarding the pool. They are patiently waiting its construction and opening for use: Wagner asked about the sprinkler system within the building. Sutherland addressed the issue and he will review the concern with the developer once the commission approves it Dave asked if he could give a brief presentation for the commission regarding this site. He proceeded to introduce himself to the commission. He demonstrated the where this site sits on the Towne Lakes Development. Dorenbush had a concern with the fence height. Would they consider going with a higher fence or left the flat bar that is proposed across the top. He had a concern with older children example is teenagers. They would have no problem jumping over the fence with the way it is proposed. Dave would look into this issue when they bring it before the council. Wagner had a concern with the parking lot size. Are there enough parking stalls to handle this site? City Planner Brixius would amend the recommendation to incorporate the suggestion you are implying.. 142 • TOWNE LAKES MASTER ASSOCIATION POOL RULES POOL HOURS 10:00 a.m. — 9:00 p.m. 1. THERE IS NO LIFEGUARD ON DUTY; SWIM AT YOUR OWN RISK. 2. The swimming pool is for the exclusive use of the members of Towne Lakes Master Association and their guests. The maximum number of guests per household is four. 3. Shower before entering the pool. 4. Persons who have infectious or communicable diseases must not enter the pool. 5. Children under the age of 14 years must be attended by an adult 18 years of age or older. 6. Do not open the gate for any child who is not accompanied by an adult. 7. People who cannot swim must wear lifejackets while in the pool. 8. Diving, running, wrestling, horseplay and throwing objects are absolutely prohibited. 9. Infants and toddlers who are not toilet trained must wear swim diapers. 10. Smoking, alcoholic beverages, and glass bottles are not allowed in the pool area. 11. In order to keep the pool, area pleasant for everyone, radios, tape players, CD players and other audio devices must be played only with earphones. Loud speakers are prohibited. 12. Pets are not allowed in the pool area. 13. All pool toys must be removed from the pool each night. Toys left in the pool will damage the pools mechanical system. 14. The Towne Lakes Master Association Board of Directors reserves the right to revoke anyone's pool privileges fro not following pool rules. 15. The Towne Lakes Master Association Board of Directors may amend these rules at any time, without notice. These rules were adopted by the Towne Lakes master Association Board of Directors effective April 14, 2004 Chair Leintz closed the public hearing 8:10 p.m. MOTION BY Commission member Meza, seconded by Commission member Wagner to approve the CUP Off: site Parking and Site Plan Review as amended. Motion carried unanimously.' 143 3 3030 0,ntr(, z £9'€nte Pri €9 Suite '900 ApH122, 2004 to tephorw 41 :> 1 6.4 r) 5 A rFLK:4t2ETit�i? K,''Y�•cY ]Ne.$.g;}1. Mr, Alan Brix us Northwest Associated Consultants 5775 Wayzata Blvd., Suite 555 St. Louis Park, MN 55416 Re; Site Plan Review & CUP for Towne Centre Community Pool Site Towne Lakes 3rd Dear Alan As a follow up to your concern regarding the proximity of the pool to the ordinary high water level (OHW) of School Lake and rear lot line. ! have enclosed is a copy of the site plans with the rear setback from the pool and conservation easement denoted. Also enclosed is a e of �Y the conservation easement sketch and final plat area of Lot 1, Sk 3, Towne Lakes V. x `. As you will note the pool is located a minimum of 12 feet away from the; conservation easement and 50 feet from the OHW. If you need anything P hin else lease do not hesitate to call me. Sincerely David Hempel Project Manager Cc Mike Waldo Encls. EXHIBIT 144 • PUBLIC WORKS BUILDING CUP - BUILDING Chair Leintz opened the public hearing for Public Works Building at 8:12 p.m. CP Brixius went over the purpose of this item is to consider conditional use permit approval for a _16,125 square foot public works building for the City of Albertville. The proposed building would occupy a portion of the City's existing wastewater treatment plant property located north along MacIver Avenue and east of Mud Lake. The subject site is guided for public/semi-public use by the Comprehensive Plan and is zoned P/I, Public/Institutional. 'The'P/I district lists " governmental and public regulated utility buildings, street garages and structures" as conditional uses. Based upon staff review of the application, our office recommends approval of the conditional use permit application subject to the following conditions: 1. Consideration be given to providing some landscaping on the -site particularly on the north and west property lines. 2. All exterior site lighting meets the applicable requirements of the ordinance. i3. ' If any new site signage is to accompany the proposed building, such signage be in compliance with the applicable requirements of the City's sign ordinance. 4. If trash is to be stored outdoors, receptacles be stored within an enclosure constructed of materials of that are compatible with the principal building. In conclusion the proposed use is considered compatible with the area in which it is proposed. As such, our office recommends approval of the CUP subject to the fulfillment of the conditions listed at the beginning of this report. Sutherland shared a comment regarding the trash enclosure should be designed larger. There is a collection of temporary signs building up within the existing trash enclosure area. Also as the inspector is on inspections he at times would collect trash and needs a larger trash receptacle to get rid of Chair Leintz closed the public hearing 8:21 p.m. MOTION BY Commission member Wagner, seconded by Commission member Kocon to approve the Public Works Building - CUP with conditions outlined and additional comments. Motion carried unanimously. i 145 SIGN ORDINANCE AMENDMENT . AMENDMENT TO THE TEMPORARY SIGN ORDINANCE Chair opened the public hearing for the Sign Ordinance Amendment at 8:22 p.m. At the April 13, 2004 Planning Commission meeting, the Planning Commission chose to schedule a public hearing to hear public testimony on amendments pertaining to the Albertville Sign Ordinance. The changes to the Sign Ordinance specifically address Section 9, .Subd. 15, Temporary and Portable Signs, and Section 9 Subd. 16, Off -Premise Advertising Signs to include language on garage sales and open house signage. There were additional comments and concerns discussed about the proper verbiage to incorporate into the ordinance. Resident asked about a job site sign— irrigation. It would be in conjunction with remodeling construction sign portion of the ordinance. MOTION BY Commission member Wagner, seconded by Commission member Dorenbush to continue the public hearing OTHER BUSINESS KARSTON COVE 3RD ADDITION UPDATE At the City Council meeting for the Preliminary Plat for the Kartson Cove 3rd Addition. There was concern regarding a few of the lots that abuts up against the future Winter Park. They had an issue with the setbacks. There option was to go with smaller units to meet the required setbacks. Or go with larger 'units and have a variance allowed for them. Zoning Administrator Sutherland would like to see some kind of fencing issue between the units and the Winter Park. LeRoy would like to see the original plat go forth. He would not flex up at all — they made it work once -let's stick with it. Chair would like to recommend to the developer to make it fit. City Planner Brixius will report back to the developer to make it fit in the site. ADJOURNMENT MOTION BY Commission member Kocon, seconded by Commission member Meza on to adjourn the meeting at 9:25 p.m. Motion carried unanimously. i 146