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2003-03-03 CC PacketSCANNED ALBERTVILLE CITY COUNCIL AGENDA March 3, 2003 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) February 18, 2003, City Council Meeting 3. CITIZEN FORUM - (10 Minute Limit) 4. (a) Approve payment of claims (Check #'s 17633 — 17669) (b) Approve transfer of On -Sale and Sunday liquor licenses from Divot's Bar & Grill Inc. to Cedar Creek Bar & Grill (c) Approve Resolution #2003-5 (A Resolution Changing Street Name) SPECIAL ORDER— Tax Abatement Public Hearing • Financing the project • Resolution 6. DEPARTMENT BUSINESS a. Fire Department (1) Fire investigation plan review of commercial buildings — Quote for services b. (1) Public Works/Parks Maintenance Report (2) Water/WWTF Department Report • Pricing on sludge r�e�oval C. �,,w, tW5 (1) Chelsea Property Group — Revised site plan review re: benches in plaza (2) Towne Lakes PUD Phase II 1644- • Rezoning from R-lA to PUD • Preliminary Plat • Variance from the 30% impervious surface coverage within the Shoreland Area • Variance from the 50% open space within Tier 1 Shoreland Area City Council Agenda March 3, 2003 Page 2 of 2 (3) Rezone Lot 2, Block 1, Albertville Crossing Second Addition from B-3 to B-2 (Ordinance #2003-4) (4) B-2 District Text Amendment — Adding restaurants as a permitted use in B-2 Zones (Ordinance 2003-5) )/e;o(5) Ordinance #2003-6 (An Ordinance Amending the Zoning Map of a Certain Property Within the City of Albertville from B-3, Highway Commercial District and I-1, Light Industrial District, to B-2A, Special Business District d. (1) Data View Plus Software Purchase (2) Public Works Building — County needs e. lei{a • None f. Administration (1) Franchise Agreement— CentrePoint Engergy/Minnegasco —Ordinance #2003-7 gals- %, 30 (2) Kent Roessler — Cedar Creek Golf Course Signs (3) Consider vacating roadway (4) Water Tower Signage (5) Water Hook -Up — City of Otsego I 1 �2S 7. ADJOURNMENT 71V�: A 1W ALBERTVILLE CITY COUNCIL February 18, 2003 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Councilmembers LeRoy Berning, Tim Sweeney, Tom Fay, and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, City Planner Steve Grittman and City Administrator Linda Goeb Mayor Peterson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Pull Check #'sl7562 and 17570 from consent Agenda • Add Item 5c(2) - Schedule workshop meeting with Planning Commission and staff • Add Item 5d(4) — Update on Highland Development • Add Item 5e(1) — Off Premise Signage — re: Pawn Shop sign Berning made a motion to approve the agenda as amended. Sweeney seconded the motion. All voted aye. Berning made a motion to approve the minutes of the February 3, 2003, regular meeting as presented. Fay seconded the motion. All voted aye. Mayor Peterson asked if anyone wished to address the Council under Citizen Forum. Bob Heuring told the Council that snowmobilers are still crossing his fields. He stated that the Sheriff's Department is not doing anything about the situation. He has placed bales along the path, but the snowmobilers are moving bales and going over fields anyway. Councilmember Sweeney spoke to the Sheriff's department about enforcing the snowmobile ordinance. The Council directed the administrator to contact Sheriff's Office to see if there are snowmobile patrols available for the City and how much time can the patrol devote to Albertville. Heuring also complained about the trash from construction sites blowing down CSAH 18 and over his fields. The building inspector is citing those construction sites that do not contain their own debris. Vetsch made a motion to approve the Consent Agenda as follows: • Approve payment of claims (Check #'s 17554—17561, Check #'s 17563-17569, and Check #'s 17571 - 17603 • Schedule Board of Review meeting for Thursday, May 8, 2003, at 6:30 PM • Resolution #2003-03 — A Resolution Appointing Sean Vold to the Position of Assistant Water/Wastewater Operator Sweeney seconded the motion. All voted aye. City Attorney Mike Couri reviewed the agreement with Allina Medical Transportation for Fire Department training and other than minor amendments to the insurance clause and clarification to cover "first responder employees", the city can enter into the agreement. Albertville City Council Minutes February 18, 2003 Page 2 of 4 Sweeney made a motion to approve the contract as amended. Fay seconded the motion. All voted aye. Fire Chief Kevin Roden explained that the department was not prepared to discuss commercial building reviews at this time. The Council tabled further discussion until more information is available. Vetsch made a motion to approve fire call wages for 2003 as follows: • Chief - $3,000 • Assistant Chief — $1,500 • Captains (2) - $1,000 each • Lieutenant (4) - $500 each • Training Officer - $500 • Fire Calls 1. Untrained firefighters and/or new recruits — $8.00 per hour 2. Partially trained and/or two year members - $10.00 per hour 3. Fully trained and/or three year members - $12.00 per hour • Training Reimbursement - $7.50 per hour Fay seconded the motion. All voted aye. WWTF Operator John Middendorf introduced Sean Vold as the newly -hired water/wastewater assistant. Berning made a motion to approve the WWTF Report as presented. Sweeney seconded the motion. All voted aye. Representatives from Chelsea Property Group, the new owners of the Outlets at Albertville, presented a request to revise the site and building plans for Phase III. The plans include replacing tower elements with smaller raised parapet elements at several entrances, eliminating the curving concrete accent feature in the plaza paving, replacing seatwalls with curbing, and replacing decorative concrete block with an EIFS material at the bases of columns. The revised building exteriors does not significantly impact the aesthetics of the site. However, City Planner Al Brixius's memo states that the raised planters/seatwalls previously approved, have the advantage of raising plantings closer to eye level for increased visual interest. The planner does not favor the replacement of seatwalls with concrete curbing because it has a potential negative impact on both the function and aesthetics of the plaza. Planner Steve Grittmann recommended that the raised planters remain as proposed due to its functional change to the plaza. Chelsea Properties Group indicated that benches will be used to replace seating on the raised planters. The Council was not totally supportive of the use of benches for seating. Chelsea agreed to provide cut sheets for benches they propose to use. J C Albertville City Council Minutes February 18, 2003 Page 3 of 4 n Berning made a motion to approve revisions to site Outlets at Albertville Phase III building and site plan as requested, with the exception of the request to eliminate the raised planters. Sweeney seconded the motion. Berning, Sweeney, and Peterson voted aye. Vetsch and Fay voted no. The motion carried. The Council scheduled a workshop meeting with staff and the Planning Commission to review zoning, transportation, comp plan, etc. on Monday, March 17 at 6:00 PM. City Engineer Pete Carlson explained that he had discussed with Mike Robertson, Otsego City Administrator shared sewer services with Otsego. If Albertville could provide sewer service to portions of Otsego for less cost than Otsego could provide the service, the difference in fees from Albertville to Otsego could be earmarked for transportation issues. Robertson believes that the Otsego Council would consider this option if there are no additional conditions placed on the shared service. Carlson asked if the Council wishes to pursue this issue any further. Berning feels that if providing services to Otsego is profitable, Albertville shouldcontrol the expenditure of that cost saving. The City Council's consensus is to continue to investigate this option. Carlson explained that the CSAH 19 upgrade and addition of trails will require about 7,000 square feet of wetlands to be filled., requiring the City to mitigate approximately 14,000 square feet. Pete suggests that the lot on Barthel Industrial Drive located adjacent to Mold -Tech and an ,, existing wetland (about 22,000 sq. ft) be used to create a wetland mitigation site. The excess wetland area could be banked and used at another time for mitigation. The Council directed Carlson to check with Mold -Tech to see if they may have a need for that property for future expansion. If not, Council believes the proposed site is appropriate. Carlson was also directed to investigate the City's property surrounding Vetsch Custom Cabinets for potential wetland creation. NE Wright County Transportation Study — Time frame, scope of work, If Alb participates — cost is $52,000 — City could not study traffic improvements independently, but rather work with surrounding communities. TS, LB - Motion to Authorize to city to proceed with study - Cost $52,000 — all aye Carlson reviewed two designs for the city/county public works facility. The preferred design shows four stalls for the county isolated from the main city building and 16,200 square feet for the city portion. The estimated cost for the city portion of the building is $70 per square foot, and $90 per square foot for the four bays for county. In addition some sort of salt shed will be needed. Details have yet to be worked out with county. Carlson asked the Council whether they wish to pursue joint facility with county. Berning made a motion authorizing the engineer to proceed to meet with County relating to the joint facility. Fay seconded the motion. All voted aye. Public Works head Tim Guimont reported that temporary sings regarding snowmobilers are available from the County at no cost. Permanent 12" x 18" signs are $9/sign. The Council directed Tim to order and put up additional signs about snowmobiles throughout developments. Albertville City Council Minutes February 18, 2003 Page 4 of 4 Sweeney made a motion to accept the Public Works Department Report as presented. Fay seconded the motion. All voted aye. The Council denied the request from the Cedar Creek Golf Course to relocate their sign off premise. Sweeney made a motion to adopt RESOLUTION #2003-4 titled RESOLUTION ESTABLISHING A CAPITAL IMPROVEMENT PLAN AS AN ADDENDUM TO THE COMPREHENSIVE PLAN. Berning seconded the motion. All voted aye. Berning made a motion to approve payment of Check #'s 17562 and 17570. Sweeney seconded the motion. All voted aye. Sweeney made a motion to adjourn at 9:45. Berning seconded the motion. All voted aye. Don Peterson, Mayor Linda Goeb, City Administrator CITY OF ALBERTVILLE *Check Detail Register© March 2003 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 017633 93 2003 AFLAC G 101-21710 Other Deducations $54.60 365849 AFLAC Insurance Prem G 101-21710 Other Deducations $54.60 365849 AFLAC Insurance Prem Total AFLAC „ $109.20 Paid Chk# 017634 3/3/2003 ANOKA-HENNEPIN TECHNICAL E 101-42000-108 Medical Training $255.00 26113 Right -To -Know Training Total ANOKA-HENNEPIN TECHNICAL $255.00 Paid Chk# 017635 3WO03 BAIRD, BRAD & LONNIE R 101-34103 Zoning and Subdivision Fees $250.00 Baird Refund Escrow Refund Total BAIRD, BRAD & LONNIE $250.00 Paid Chk# 017636 3/3/2003 C C ELECTRIC E 101-41940-399 Miscellaneous $33.81 2710 Light Bulbs - City Hall Total C C ELECTRIC $33.81 Paid Chk# 017637 3/3/2003 CARQUEST E 101-43100-404 Repair/Maint - Machinery/Equip $1.93 022003 Finance E 101-43100-404 Repair/Maint - Machinery/Equip $66.99 0227538 Maintenance E 101-45100-212 Motor Fuels $34.22 0228147 Fuel E 101-45100-404 Repair/Maint - Machinery/Equip $50.16 0228196 Parks Repair/Maintenance E 101-45100-404 Repair/Maint - Machinery/Equip $58.70 0228236 Parks Machine Repair E 101-43100-404 Repair/Maint - Machinery/Equip $6.07 0228512 Maintenance E 101-43100-404 Repair/Maint - Machinery/Equip $65.63 0228539 Repair/Maintenance E 101-42000-404 Repair/Maint - Machinery/Equip $30.42 0228746 FIRE DEPT Truck Maintenance E 101-45100-404 Repair/Maint - Machinery/Equip $17.06 0228816 Repair/Maintenance E 101-43100-404 Repair/Maint - Machinery/Equip $94.24 0228817 Maintenance Equip E 101-43100-404 Repair/Maint - Machinery/Equip $55.18 0228959 Maintenance Equip E 101-43100-404 Repair/Maint - Machinery/Equip ($88.90) CR27526 CREDIT MEMO Total CARQUEST $391.70 Paid Chk# 017638 3/3/2003 COURI & MACARTHUR E 460-49450-304 Legal Fees E 456-49000-304 Legal Fees E 446-49000-304 Legal Fees E 448-49000-304 Legal Fees E 452-49000-304 Legal Fees E 101-41600-304 Legal Fees E 450-49000-304 Legal Fees E 453-49000-304 Legal Fees E 101-41600-304 Legal Fees E 101-41600-304 Legal Fees E 462-49000-304 Legal Fees E 101-41600-304 LegaiFees E 462-49000-304 Legal Fees E 101-41600-304 Legal Fees E 101-41600-304 Legal Fees E 101-41600-304 Legal Fees E 101-41600-304 Legal Fees E 463-49000-304 Legal Fees E 462-49000-304 Legal Fees E 101-41600-304 LegaiFees Total COURT & MACARTHUR ($1,925.00) February 2003 WWTF Overcharged $1,182.50 February 2003 Towne Lakes II $1,072.50 February 2003 Fire Dept. -Medical Agreement $247.50 February 2003 C R 19 Improvements $2,860.00 February 2003 Outlet Mall Expansion ($1,500.00) February 2003 Previous Payment $55.00 February 2003 A V 6th $522.50 February 2003 Koliville Estates 11 $165.00 February 2003 Car Rental $4,235.00 February 2003 General Services $247.50 February 2003 Albertville Crossings 11 $467.50 February 2003 Vetsch C.U.P. $82.50 February 2003 57th & CR 19 Stoplight $137.50 February 2003 B.Heuring Property $82.50 February 2003 Baird Property $27.50 February 2003 Day Care CUP $27.50 February 2003 Bredemeier $385.00 February 2003 Darkenwald Property $192.50 February 2003 LaCentre Avenue Improvements $550.00 February 2003 Zachman Property $9,115.00 Paid hk# 017639 3/3/2003 DALE'S 66 E 101-43100-215 Shop Supplies $39.14 42883 acetylene, dissolved CITY OF ALBERTVILLE 02/27/03 4:21 PM Page 2 *Check Detail Register© March 2003 Check Amt Invoice Comment E 101-43100-215 Shop Supplies $26.95 42884 oxygen, compressed Total DALE'S 66 $66.09 Paid Chk# 017640 3/3/2003 DELTA DENTAL E 101-43100-130 Employer Paid Ins (GENERAL) $54.50 March 2003 Dental Insurance - PW/PW E 101-41300-131 Employer Paid Health $54.50 March 2003 Dental Insurance - Admin E 101-42400-130 Employer Paid Ins (GENERAL) $54.50 March 2003 Dental Insurance - Bldg Inspec E 101-45100-130 Employer Paid Ins (GENERAL) $54.50 March 2003 Dental Insurance - Parks/Parks E 101-41400-131 Employer Paid Health $109.00 March 2003 Dental Insurance - Office E 602-49400-130 Employer Paid Ins (GENERAL) $54.50 March 2003 Dental Insurance - Water/PW E 601-49450-130 Employer Paid Ins (GENERAL) $54.50 March 2003 Dental Insurance - WWTF/PW Total DELTA DENTAL $436.00 Paid Chk# 017641 3/3/2003 DJ'S TOTAL HOME CARE CENTER E 101-43100-215 Shop Supplies ($0.63) overpayment E 101-43100-215 Shop Supplies $29.78 635148 Bulbs E 601-49450-210 Operating Supplies (GENERAL) $26.77 635180 Shop Supplies E 101-43100-226 Sign Repair Materials $7.44 635236 Repair Sign Post E 101-45100-405 Repair/Maint - Buildings $36.05 635274 Maintenance Supplies E 101-41940-399 Miscellaneous $12.11 637077 Misc. Office Supplies E 101-41940-399 Miscellaneous $29.54 637390 Misc Shop.Office Supplies E 101- 45100-405 Repair/Maint - Buildings $49.80 637605 Parks Repair E 101-43100-215 Shop Supplies $21.27 638585 PW Shop Supplies E 101-43100-215 Shop Supplies $43.60 639225 Maintenance Supplies E 101-41940-399 Miscellaneous $24.77 639422 Misc. Building Supplies E 101-43100-215 Shop Supplies $173.29 639798 Misc. Maint. Supplies E 101-41940-399 Miscellaneous $93.41 641266 Misc. Cleaning Supplies E 101-43100-215 Shop Supplies $25.55 641267 Shop Supplies Total DJ'S TOTAL HOME CARE CENTER $572.75 Paid k# 7 2 3/3/2003 EGGEN'S DIRECT SERVICE, INC. E 101-43100-212 Motor Fuels E 101-43100-212 Motor Fuels E 601-49450-212 Motor Fuels E 101-43100-212 Motor Fuels E 601-49450-210 Operating Supplies (GENERAL) E 101-43100-212 Motor Fuels E 101-43100-212 Motor Fuels Total EGGEN'S DIRECT SERVICE, INC. Paid Chk# 017643 3/3/2003 EULL, JOEL R. $0.50 013103 Finance Charge $10.07 77560 PW - fuel $35.00 77561 Sewer - Fuel $40.00 77575 PW - fuel $46.30 77593 Misc Paper Supplies $28.17 77595 PW - Fuel $34.00 77617 PW - Fuel $194.04 E 101-43100-410 Rentals (GENERAL) $1,000.00 February2003 February Rental Payment Total EULL, JOEL R. $1,000.00 Paid hk# 017644 3/3/2003 FEHN GRAVEL & EXCAVATING E 101-43100-221 Ice Removal $87.00 9519 Haul Salt/Sand Mixture Total FEHN GRAVEL & EXCAVATING $87.00 Paid Chk# 017645 3/3/2003 GALLS INCORPORATED E 101-42000-560 Furniture and Fixtures $82.19 562388340001 Rescue #2 Rope Pads E 101-42000-584 C/O - Tumout Gear $250.13 562388340001 Work Vest / Life Jackets E 101-42000-560 Furniture and Fixtures $432.60 562388340001 600' Rope Total GALLS INCORPORATED $764.92 Paid Chk# 017646 3/3/2003 GOPHER STATE ONE -CALL E 601-49450-209 Locates $65.10 3010105 Locates - Sewer Dept Total GOPHER STATE ONE -CALL $65.10 PaG NO 617647 003 KENNEDY & GRAVEN CITY OF ALBERTVILLE 02/27/03 4:21 PM Page 3 r *Check Detail Register© March 2003 Check Amt Invoice Comment E 356-47000-601 Debt Sry Bond Principal $612.50 55112 Abatement Bonds (CR 19 Project Total KENNEDY & GRAVEN $612.50 Paid Chk# 017648 3/3/2003 CARBON PUBLICATIONS E 101-41100-351 Legal Notices Publishing $356.63 February 2003 Misc. Public Hearings Total LARSON PUBLICATIONS $356.63 Paid Chk# 017649 3/3/2003 UNDSAY, KEN E 101-43100-331 Travel Expenses $27.43 022503 Mileage Reimbursement Total LINDSAY, KEN $27.43 Paid Chk# 017650 3/3/2003 MEDICA E 602-49400-130 Employer Paid Ins (GENERAL) $1,026A7 103060115311 Medical Ins - Water/PW E 101-43100-130 Employer Paid Ins (GENERAL) $1,026.47 103060115311 Medical Ins - PW/PW E 601-49450-130 Employer Paid Ins (GENERAL) $1,026.46 103060115311 Medical Ins-WWTF/PW E 101-41300-131 Employer Paid Health $1,026.47 103060115311 Medical Ins -Administrator E 101-41400-131 Employer Paid Health $2,052.94 103060115311 Medical Ins -Office Staff E 101-45100-130 Employer Paid Ins (GENERAL) $1,026.47 103060115311 Medical Ins - Parks/Parks E 101-42400-130 Employer Paid Ins (GENERAL) $1,026.47 103060115311 Medical Ins -Bldg Inspec Total MEDICA $8,211.75 Paid Chk# 017651 3/3/2003 MENARDS E 101-45100-530 Improvements Other Than Bldgs $141.61 46734 Green Treated Plywood Total MENARDS $141.61 Paid Chk# 017652 3/3/2003 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $156.00 129248 Testing Expense (CBOD-5) Testing Expense (CBOD-5) E 601-49450-218 Testing Expenses $116.00 129295 Total MIDWEST ANALYTICAL SERVICES $272.00 Paid h 0 765 003 MINNESOTA PCA $240.00 March 2003 66th Annual Wastewater Seminar E 601-49450-208 Training and Instruction Total MINNESOTA PCA $240.00 aid h 0 7654 3 003I'll NCL OF WISCONSIN E 601-49450-210 Operating Supplies (GENERAL) $147.41 146651 WWTF Operating Supplies Total NCL OF WISCONSIN $147.41 1 5 03 NCPERS GROUP LIFE INSURANCE ai G 101-21710 Other Deducations $16.00 March 2003 NCPERS Insurance Prem Total NCPERS GROUP LIFE INSURANCE $16.00 Paid h 017656 3/3/200I.3 NECI! TEL COMMUNICATIONS E 101-42400-321 Telephone $90.62 718183318-01 Two-way Cell - Bldg Dept. E 101-42000-321 Telephone $45.31 718183318-01 Two-way Cell -Fire Dept. 718183318-01 Two-way Cell -Office Staff E 101-41400-323 Nextel Radio Units $271.47 $45.31 718183318-01 Two-way Cell - Water Dept E 602-49400-323 Nextel Radio Units $45.31 718183318-01 Two-way Cell-Eng Inspec E 101-41400-323 Nextel Radio Units $45.31 718183318-01 Two-way Cell - PW Dept E 101-43100-323 Nextel Radio Units $45.31 718183318-01 Two-way Cell - Parks Dept E 101-45100-323 Nextei Radio Units $45.31 718183318-01 Two-way Cell - Sewage Plant E 601-49450-323 Nextel Radio Units Total NEXTEL COMMUNICATIONS $633.95 Paid Chk# 017657 3/3/2003 NORTHERN TOOL 8 EQUIPMENT E 101-43100-404 Repair/Maint - Machinery/Equip $84.91 07745382 Parts for JD Tractor Total NORTHERN TOOL & EQUIPMENT $84.91 Paid Chk# 017658 3/3/2003 OFFICE MAX City Hall Office Supplies E 101-41400-200 Office Supplies (GENERAL) $5.30 CITY OF ALBERTVILLE 02/27/03 4:21 PM Page 4 *Check Detail Register© March 2003 Check Amt Invoice Comment E 101-41400-200 Office Supplies (GENERAL) $8.51 181000OW014 City Hall Supplies E 101-41400-200 Office Supplies (GENERAL) $62.61 18140414J016 City Hail E 101-42000-200 Office Supplies (GENERAL) $205.02 18140414JO16 Fire Dept Supplies E 101-42400-200 Office Supplies (GENERAL) $242.71 18259581JO35 Bldg. Dept Office Supplies Total OFFICE MAX $524.15 Paid Chk# 011659 Yi/2003 PATS 66 E 101-42000-212 Motor Fuels $40.77 Fire Dept Fuel E 602-49400-212 Motor Fuels $20.61 85666 WWTF Fuel E 101-42400-212 Motor Fuels $42.10 85734 Bldg Dept Fuel E 101-43100-212 Motor Fuels $30.61 85904 PW Fuel E 601-49450-212 Motor Fuels $28.71 86098 Water Dept Fuel E 101-43100-212 Motor Fuels $8.26 86213 PW Fuel E 101-43100-212 Motor Fuels $15.28 86269 PW Fuel E 101-42400-212 Motor Fuels $37.78 86364 Bldg Dept -Fuel E 101-45100-212 Motor Fuels $24.08 86392 Parks Fuel E 101-45100-212 Motor Fuels $17.74 86405 Parks Fuel Total PATS 66 $265.94 Paid Chk# 017660 3/3/2003 PETERSON, RON E 101-42000-331 Travel Expenses $165.76 2063 Mileage Reimbursement Total PETERSON, RON $166.76 Paid Chk# 017661 3/3/2003 PINNACLE PRINTING, INC. E 101-42400-200 Office Supplies (GENERAL) E 101-41300-200 Office Supplies (GENERAL) E 101-42400-200 Office Supplies (GENERAL) E 101-41400-200 Office Supplies (GENERAL) E 101-41100-300 Professional Srvs (GENERAL) Total PINNACLE PRINTING, INC. Paid Chk# 017662 3/3/2003 PITNEY BOWES $83.60 1607 Building Permits $28.70 1622 Business Cards $73.49 1622 Business Canis $46.75 1622 Business Canis $1,042.64 1634 Printing Newsletter $1,275.18 E 101-41400-413 Office Equipment Rental $102.00 0787150-FB03 Postage Machine Rental Total PITNEY BOWES $102.00 Paid Chk# 017663 3/3/2003 PORTABLES PLUS SANITATION E 101-45100-415 Other Equipment Rentals $57.04 107556 Rental -Portable Bathrooms Total PORTABLES PLUS SANITATION $57.04 Paid Chk# 017664 3/3/2003 S. E. H. E 438-49000-303 Engineering Fees $463.78 C C So 7th E 101-41700-303 Engineering Fees $2,214.72 96692 Engineering Sery E 456-49000-303 Engineering Fees $3,714.28 96695 T L Phase III E 452-49000-303 Engineering Fees $4,064.30 96696 Outlets Phase III E 456-49000-303 Engineering Fees $475.10 96697 Towne Lakes 2nd E 101-450OM97 Ice Arena Funding $794.66 96698 Ice Arena Parking Lot E 463-49000-310 Other Professional Services $1,035.21 96699 Marketing Materials E 448-49000-303 Engineering Fees $2,450.00 96700 CR 19 & 57th Traffic Signal E 448-49000-303 Engineering Fees $29,452.55 96701 CSAH 19 Upgrade E 438-49000-303 Engineering Fees $456.60 96702 C C S 5th E 453-49000-303 Engineering Fees $328.55 96703 Kollville 2nd E 101-41700-303 Engineering Fees $1,050.00 96704 Engineering Serv. E 463-49000-303 Engineering Fees $4,250.34 96705 Darkenwald E 463-49000-303 Engineering Fees $2,790.00 96706 NW Commercial E 450-49000-303 Engineering Fees $682.95 96707 A V 4th Add E 457-49000-303 Engineering Fees $270.24 96708 Hewing Meadows E 450-49000-303 Engineering Fees $153.16 96709 A V 3rd E 438-49000-303 Engineering Fees $66.69 96710 C C So 6th E 450-49000-303 Engineering Fees $33.35 96711 A V 2nd CITY OF ALBERTVILLE 02/27/03 4:21 PM Page 5 *Check Detail Register© March 2003 Check Amt Invoice Comment E 438-49000-303 Engineering Fees $96.87 96712 C C So 4th E 456-49000-303 Engineering Fees $33.35 96713 Towne Lake E 453-49000-303 Engineering Fees $66.69 96714 Koliville (AC) E 450-49000-303 Engineering Fees $214.64 96715 AV E 462-49000-303 Engineering Fees $860.73 96722 Albertville Crossings E 463-49000-303 Engineering Fees $471.90 96738 NW Commercial Park E 101-41700-303 Engineering Fees $910.75 96949 PW Expansion Total S. E. H. $57,401.41 Paid Chk# 017665 3/3/2003 SENTRY SYSTEMS, INC. E 101-42000-405 Repair/Maint - Buildings $50.96 28268 Security - Fire Hail Total SENTRY SYSTEMS, INC. $50.96 Paid Chk# 017666 3/3/2003 SPRINT -MO E 601-49450-321 Telephone $29.79 February 2003 Phone - Sewage Plant E 101-42000-321 Telephone $34.28 February 2003 Phone - Fire Dept line E 101-41940-321 Telephone $20.00 February 2003 Phone- Other charges E 101-41940-321 Telephone $21.50 February 2003 Phone - CH private line E 101-42400-321 Telephone $32.42 February 2003 Phone - Bldg Dept E 101-42400-321 Telephone $32.42 February 2003 Phone - Bldg Dept Fax E 101-41940-321 Telephone $32.42 February 2003 Phone - CH Fax line E 101-41940-321 Telephone $32.42 February 2003 Phone - CH Internet Sery E 101-43100-321 Telephone $32.42 February 2003 Phone - PW Garage main E 101-41940-321 Telephone $228.34 February 2003 Phone - tax/surcharges E 101-42000-321 Telephone $34.28 February 2003 Phone - Fire Dept fax E 101-41940-321 Telephone $134.98 February 2003 Phone-DSL Line E 101-45100-321 Telephone $34.28 February 2003 Phone - Parks Dept E 101-42400-321 Telephone $52.55 February 2003 Phone - Bldg Dept E 101-42400-321 Telephone $52.55 February 2003 Phone - Bldg Dept E 101-41940-321 Telephone $52.55 February 2003 Phone - CH 2nd line E 101-41940-321 Telephone $52.55 February 2003 Phone - CH 3rd line E 101-41940-321 Telephone $52.55 February 2003 Phone - CH 4th line E 101-42400-321 Telephone $58.50 February 2003 Phone - Bldg Dept E 101-41940-321 Telephone $232.63 February 2003 Phone - CH main line E 101-43100-321 Telephone $32.42 February 2003 Phone - PW/Water fax Total SPRINT -MO $1,285.85 aid NO 617667 /2003 VERIZON E 101-42000-321 Telephone $4.51 February2003 Phone - Fire Dept Total VERIZON $4.51 Paid Chk# 017668 3/3/2003 WRIGHT CTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $22,873.34 Patrol-03-3 Police Protection Sery Total WRIGHT CTY SHERIFFS PATROL $22,873.34 Paid Chk# 017669 3/3/2003 WRIGHT-HENNEPIN ELECTRIC CO-OP E 101-43160-381 Electric Utilities $7.85 Street Lighting E 101-43160-381 Electric Utilities $104.83 Electric -Street E 101-43160-381 Electric Utilities $46.12 Electric -Street Lighting E 101-43160-381 Electric Utilities $13.19 Street Lighting E 101-43160-381 Electric Utilities $13.19 Street Lighting E 101-43160-381 Electric Utilities $13.19 Street Lighting E 101-43160-381 Electric Utilities $7.88 Street Lighting E 101-43160-381 Electric Utilities $7.85 Street Lighting E 101-43160-381 Electric Utilities $7.85 Street Lighting E 101-43160-381 Electric Utilities $7.85 Street Lighting E 101-43160-381 Electric Utilities $7.85 Street Lighting E 101-43160-381 Electric Utilities $7.85 Street Lighting CITY OF ALBERTVILLE 02/27/03 4:21 PM Page 6 *Check Detail Register© March 2003 Check Arat invoice Comrrrent E 101-43160-381 Electric Utilities $7.85 Street Lighting E 101-43160-381 Electric Utilities $7.85 Street Lighting E 101-43160-381 Electric Utilities $7.85 Street Lighting E 101-43160-381 Electric Utilities $7.85 Street Lighting Total WRIGHT-HENNEPIN ELECTRIC CO-OP . $276.90 10100 Premier Bank $108,367.84 Fund Summary 10100 Premier Bank 101 GENERAL FUND $47,237.32 356 2000 G.O. SEWER REVENUE $612.50 438 CEDAR CREEK N & S $1,083.94 446 FIRE HALL $1,072.50 448 CSAH 19 IMPROVEMENT $32,150.05 450 ALBERT VILLAS $1,139.10 452 TRAFFIC LIGHT $6,924.30 453 KOLLEVILLE ESTATES $917.74 456 TOWNE LAKES $5,405.23 457 HEURING MEADOWS - - $270.24 460 2000 WWTF EXPANSION ($1,925.00) 462 COBURN'S $1,383.23 463 NW COMMERCIAL PARK $8,932.45 601 SEWER FUND $2,017.35 602 WATER FUND $1,146.89 $108,367.84 Minnesota Department of Public Safety {j LIQUOR CONTROL DIVISION 444 Cedar St., Suite 100 L, St. Paul, MN 55101-2156` Fax (612)297-5259� (612)2964A30 TTY (612)282-6555 CERTIFICATION OF AN ON SALE AND/OR SUNDAY LIQUOR LICENSE No license �l be approved or released until the S20 Retailer ID Card tee is received by MN 1lquor..Control Workers Compensation Insurance Compa LICENSEES SALES dt USE TAX ID # CITY OF k L% E RT V k I-L.E Liocasce Name (Corporation, Partnership, Individual) f` cs r.etz C_ritr ie Ma( -- Business Address ';"100 'SASwj k\3s. License Type (Chock one or both) X On Sale s _ On Sale License Number I On Sale Fee If a partnership, state the name ano as partner/Officer Name (First, middle and last) Partner/Officer Name (Firs4 middle and last) E. QW J()tiNS 6 A partner/Officer Name (First, muddle and last) The Licensee must have one of the following: QAL C,ssuAL--r _ Policy# 3k1;L. c:L-CCM4 liq To apply for sales tax number, call 296-6181 or 1-800-657-3777 ISSUIM AITIHORTTY COUNTY OF ci V Nr DOB Trade Name cjQD C.EOAQ. e.RccEK BAR..\�Ir City Zip Code k %��E S S 3e t License Period From Sunday License Number keh partner• If a corpo DOB Title To Sunday Fee n, state the name Address 0,a uoAT Busing Phone It.% - 4q'1- 341 Adress of each office DOB Title Add O J+S 0 pi 4 Ve DOB Title Address (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.) Cho& ane Liquor Liability Insurance (Dram Shop) - S50,000 per person; S 100.000 more than one person; $10,000 Property Destruction; and S 100,000 for loss of means of support. or OB. A bond of a surety company with minimum coverage as specified above in A. OC. A certificate from the State Treasure' that the licensee has deposited with the State, Trust Funds having a market value of $l t>D,000 in cash or securities. 0 Yes NO During the past license year has a summons been issued under the Liquor Civil Liability Law (Dram Shop)? If es, attach a copy of the summons. no Check those items that aooly Circle o Su evoke/Caacelled Transaction Type 0 New 0 Revoke/Cancel From To Transfer 0 Suspension Transfer of ownershi from (Name and Address) 510 p cS AS o a AJ a Ale aE R.T q l tj.E , OA 5 5 3 b � _CS Ate. +� Ga.%ta., TrJc - I certify that this license was approved in an official meeting by the governing body of the city or county. Clerk's IMPORTANT NOTICE Date — All retail liquor licensees must have a current Federal Special Occupational Stamp. This stamp is issued by the BUMPS 9p11 f Alcohol, Tobacco and Firearms. For information call (612)290-3496 _ General Casualty general casualty Billing Statement Billing Information Account Number 3123927984 CEDAR CREEK GOLF INC Agent NORTH SUBURBAN AGCY INC 13736 JOHNSON ST NE 11421 HANSON BLVD NW HAM LAKE, MN 55304 COON RAPIDS MN 55433 Date of Billing 01/14/2003 New Balance $ 2,116.51 Minimum Due $ . 1,060.30 Please mail your payment by 01/29/2003 to ensure we receive it in our office on or before Payment Due Date Of 02/03/2003. Account Policy Policy Detail Current Policies Dates of Coverage Premium Balance Minimum Due Comm. Package CCI035148012 105/01/2002 to 05/01/2003 Service Charge 211��wSTE ao� FEB 0 3 "c00 For account activity since your last Billing Statement, please see Account Summary section on reverse side. $, 2:116.51 1;060.30 Questions? Billing questions? Please call us: 1-800-553-4471 Access Number: 3927-9849 Coverage questions or policy changes? Please call: NORTH SUBURBAN AGCY INC 763-755-2300 Changes to your policies after 01/14/2003 will appear on your next Billing Statement. To report a claim, call ClaimLine 24, our 24 hour claim reporting service, or your Agent. Call toll free: 1-888-737-8256 .am. 3snsea.oaaotr� v r7 n,1 400, w <.o zz^ rJ r♦ J z :5 V CL 3 0 "or "N 3 o 4) a t3 O . U � b "C7 O U U ed rA y � ao � CA o a b c� O 0 o N f!4 m 0 N o � w j ed o O a� Cd O to O . V N 1-i Q, N 4-i o i 0 U U «t rb Cd oA W'�U•� 3z >,ro a�� ;a 0 'b U td 4-4 � T3 ai N ►'� p U O 2 m bA � cd 0 � O «3 0 C7a3��3 oA p 0 � -� U cW "O OAa��o H y U b O WC)a V] w Ed O O E"v� ca Z0 o N d �d a� I'dW3�a� cc y O N 'Lt O C!i y cts �a o� C', O N V] 4 y oaf O 's U w o o m I. Q PC 4* 0 V O O r% w O � O N Q" O O w a v� .b an � Gn rA w 0 Cd 0 Q" O id �+ M^ � 1-4 o cd 00 4-4 cld 04 cd O F+ ss. -.5 40. o i 0 ° o 0 '0 cd V Cis 90 M 4ma o (4-; W a) O r Q O 'b Cd 'C y ' j cd cd ai s.. C/� O p. .0 'O+ 40 o a.�� o a ,b _y 'C 0 wo .0~ 0 �aoiU o 4, a 0 0 0 iq P 2 ,b v� Z O a,G•� OO U oa p0Qo y oW:cdd� N~ 4 0 dc0 `.� d a v5 z eon � Z 4.., w o 2 W N y o i. C41) W ram, 4- a oo[�-�� Ci O O g000 ++ O U cd � 0 - b I w F CITY OF ALBERTVILLE RESOLUTION # 2003-5 r. A RESOLUTION CHANGING STREET NAME Albert Villas 4tn Addition WHEREAS, the City Council of Albertville has identified an error in the naming of a street in the Albert Villas 4`h Addition plat; and WHEREAS, the City Council is desirous of having the Albert Villas 4`h Addition plat amended in order that the street names comply with adjoining plats. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby renames that portion of Kagan Avenue NE (as shown on the Albert Villas 4th plat extendiu from the southerly boundary lines of Lot 6, Block 6 and Lot 19, Block 3) as 49 Street NE. ADOPTED BY THE CITY COUNCIL OF THE CITY'dF ALBERTVILLE THIS 3rd DAY OF FEBRUARY, 2003. Donald Peterson, Mayor Linda Goeb, City Administrator aQy �/ w aWa r 101 101Q i 10219 lwo tout 1ot16 io2YT LOS , * on$ T 10249 ,0212 %to ' ap ? w +ain g ,0271 lom bps a6o 10236 jam lo2et o`,�► `fir, � ��'oo last3 10t76 tLEo` 0 10337 1030 1` ' «� tons 103" tom yr A 103N 10374 � `/✓ 10403 ate 10443 our ,( # ♦ 7 t`� 10466 10401 'OM POW +oats to l lilt w to lam � � � sm any ,0747 107t3 « losis '9 lom K A Y //0 10817 I tolls , lam tasty K AVE 60/0 lasts s� KYLER VENUE %4 �Osm 19 LA BEAUX AVENUE 5 City of Albertville Tax Abatement Policy Recommendations 1. Purpose The policies set forth herein are intended to serve the following purpose: A. To guide The City of Albertville in the prudent and wise use of economic development financing tools, which serve to eliminate blight, preserve and create jobs, and expand the tax bases; B. To establish The City of Albertville's position regarding the use of tax abatement for development to meet its economic development goals; C. To be used as a guide in processing and reviewing applications for tax abatement assistance. 2. Statutory Limitations The following requirements and policies will be considered by The City of Albertville when reviewing applications for tax abatement, in accordance with Minnesota Statutes 469.1812-1815. 2.1 Abatement Authority One or more taxing jurisdictions may "abate" all or a portion of its property tax on one or more parcels of real property for economic development purposes, subject to a duration limit and a limit on the amount of abatements. A. Either (a) the benefits to The City of Albertville must be at least equal to the amount of the proposed abatement AND B. The City of Albertville must find that the project is in the public interest because it will accomplish at least one of the following purposes: 1) Increase or preserve tax base; 2) Provide employment opportunities within the political subdivision; 3) Provide or help acquire or construct public facilities; 4) Help redevelop or renew blighted areas; 5) Help to provide access to services for residents of the political subdivision; 6) Finance or provide public infrastructure; OR 7) Phase -in a property tax increase for a parcel resulting from a one-year increase of 50% or more in the estimated market value of the parcel, other than the increase in estimated market value attributable to improvements made to the parcel. 02/27/03 1 Page 1 2.2 Duration The duration of the tax abatement will be determined by The City of,,Albertville, but will be no longer than allowed by State Statute. As of July 2, 2001, tax abatement may be provided for up to 10 years. If one taxing jurisdiction does not participate, then it maybe extended up to 15 years. The City of Albertville will provide tax abatement for the minimum duration of time necessary to meet the financial goals of the tax abatement within the project. 2.3 Other Limitations Total tax abatements granted in one fiscal year from The City of Albertville will not exceed $100,000, or 5% of its current levy, whichever is greater. 3. Objectives of Tax Abatement The City of Albertville will consider using Tax abatement to assist,funding of transportation projects to meet one or more of the following objectives: A. To offset increased costs of improving roads and highways. B. To provide infrastructure necessary to accommodate economic development 4. Forms of Abatement A political subdivision will retain or transfer to another political subdivision the abatement to pay for all or part of the cost of said road improvements -this prevents the tax abatement from going to business/property owners. Although any of the forms of abatement may be considered by The City of Albertville, the preferred method of tax abatement is known as "Pay as you go." This means tax abatement is provided to the political subdivision upon receipt of property taxes by The City of Albertville. 5. Use of Tax Abatement Tax abatement shall not be utilized in cases where it will provide tax abatement to an individual or corporation. It will only be used to improve The City of Albertville's transportation system, which is critical to its economic development. 6. Project Qualifications Tax abatement requests shall be considered solely for transportation infrastructure improvements and must meet each of the following requirements: A. The project shall comply with all provisions set forth in the state's Tax Abatement Law, Statutes 469.1812 to 469.1815, as amended as well as it shall meet the objective set forth in section 2.1 of this document. 02/27/03 0 Page 2 B. The tax abatement request would fund improvements to city or county roads or bridges within the City of Albertville. C. Taxes that are abated must be new developments that would benefit from an upgrade to the project in question and whose taxes are not currently part of the municipality's general budget. Because it is not possible to anticipate every type of project which may, in its context and time, present desirable community building or preservation goals and objectives, The City of Albertville retains the right, pursuant to statute in its sole, discretion, to approve or disapprove projects and subsidies which may vary from the principles and criteria of the Policy. Adopted by: Date of adoption: Date of Public hearing: \\SEHSC3\SCCV\albev\0216\The City of Albertville Tax Abatement Policy.doc 02/27/03 P Page 3 St. Na" - '4I;VaAk-c sC&td& January 21, 2003 Linda Goeb, City Administrator City of Albertville 5975 Main Avenue, PO Box 9 Albertville, Minnesota 55301 re: Abatement for Reconstruction of CSAH 19 in the City of Albertville Dear Ms. Goeb: At the direction of the School Board of Independent School District No. 885 (the "District",) we are writing to notify you that the District declines to grant a tax abatement for the expansion of County State Aid Highway 19 (CSAH 19) in the City of Albertville. This letter is intended to satisfy the provisions of Minnesota Statutes 469.1813, subd 6(b). Please let us know if we can be of further assistance. Sincerely, Dr. Marcia Ziegler Superintendent of Schools - ZZ Z, _9 I - — 9 be= lei Robert Helgeson School Board Chairperson t Gayle Webfr School BArd Clerk //A i /a's Date 11Z ,1za Date Date T , District Office: 11343 50th Street N.E., Albertville, MN 55301 • Phone: (763) 497-6500 Fax: (763)497-6588 COUNTY OF WRIGHT 10 2nd Street NW, RM 235 Buffalo, Minnesota 55313-1188 Tel: (763) 682-7378 1-800-362-3667 Fax: (763) 682-6178 RICHARD W. NORMAN County Coordinator January 28, 2003 Linda Goeb City Administrator City of Albertville 5975 Main Avenue PO Box 9 Albertville MN 55301 RE: Abatement for Reconstruction of CSAH 19 in the City of Albertville Dear Ms. Goeb: COMMISSIONERS KARLA HEETER First District PAT SAWATZKE Second District JACK RUSSEK Third District ELMER EICHELBERG Fourth District DICK MATTSON Fifth District At the direction of the Wright County Board of Commissioners ("County"), I am writing to notify you that the County declines to grant a tax abatement for the expansion of County State Aid Highway 19 (CSAH 19) in the City of Albertville. This letter is intended to satisfy the provisions of Minnesota Statutes 469.1813, subdivision 6(b). Please let me know if I can be of further assistance. Very truly yours, Richard Norman County Coordinator srb Equal Opportunity / Affirmative Action Employer Tax Abatement for CSAH 19 in Albertville SEH No. P-ALBEV0216.00 1. Past Uses of Tax Abatement for Roads Steele County for Cabella's Project • Tax Abatement used to extend infrastructure (sewer, water, and roads) to Cabella's site. Cabella's paid its full portion of taxes and the city and county abated their respective amounts, $90,000 and $135,000, to pay off the debt on the infrastructure. 15-year arrangement • Project moved forward that would not have without the abatement • In abatement resolution, excluded future businesses in the area (200 acres) from receiving any incentives. • Also included a safeguard in case taxes due by Cabella's was less than the $90,000 and $135,00 that they would still be responsible for paying the total $225,000. • Seen as a strong city/county partnership and already foresee Cabella's taxes to rise above the aforementioned $225,000. That excess revenue will then go into each entities general budget on a prorated basis. • Have had only one other tax abatement request in the four years since this project, which failed due to lack of city (Medford) financial support. 2. Sample Guidelines for Abatement Resolution to Ensure Practical Use of Tax Abatement Minnesota Statute 469.1813 requires the governing body of a political subdivision to enact an abatement resolution teat specifies the terms of the abatement. Some sample provisions include: • The road in question must be a County State Aid Highway and the improvements must be included in the County's 10-year Transportation Work Plan. • Taxes that are abated must be new developments that would benefit from an upgrade to the road in question and whose taxes are not currently part of the municipalities' general budget. • The local unit of government (city or township) making the request must commit to abating the maximum possible under Minnesota Statutes 469.1812 to 469.1815 ($100,000 or five percent of its current levy). • The political subdivision will retain or transfer to another political subdivision the abatement to pay for all or part of the cost of said road improvements — this prevents the tax abatement to go to business/property owners. • Total tax abatements granted in one fiscal year from the County will not exceed $1 million (this is four percent of current total County levy, less than the five percent that is allowed under state statute). • Using the CSAH 19 in Albertville example, the City of Albertville would contribute the maximum $100,000 and the County's portion would be $50,000. For every $1 that the County invests in CSAHs, an additional $2 is leveraged from the participating city. 3. Development Brings Additional Hardship to Other County Services a) Wright County Sheriffs Department Report — Albertville • Spike in the number of calls reported when Outlet Mall first opened in 2000 but has since declined in 2001 and continues downward movement in 2002. • If I" Quarter 2002 activity is projected out for the entire year, additional declines in calls and crimes would be seen in 2002. Total calls would be 2,055, lower than 2000 and 2001 numbers. Total crimes project out to be 315, again lower than both 2000 and 2001 numbers. • Motor Vehicle Crashes have increased in Albertville since 1999 — could be alleviated with improvements to CSAH 19 b) City Comparison • Statistics from 2002 law enforcement contract costs in Wright County show no apparent correlation between development and higher law enforcement costs. Law enforcement contracts actually have less tax impact on residential properties in eastern Wright County, where strong development is occurring. • Albertville's costs are among the lowest in the county as a percentage of residential tax base, four communities are lower. 4. Association of Minnesota Counties (AMC) Platform Regarding Tag Abatement "AMC supports strengthening of the tax abatement law as an alternative to tax increment financing." — Excerpt from page 6 of AMC's 2001-2002 Legislative Platform. 5. Budgeting for 15 Years Out with Tax Abatement 2002 Wright County Levy $23,510,970 Roads/Bridges 2002 Portion of County Levy $ 2,563,700 Roads/Bridges % of Local Levy 10.9% CSAH 19 Tax Abatement Request as % of County Levy 0.2% Total Tax Abatement as Limited Above (if $1 million were reached) 4.3% BLLI oa V±CONC.0000AN U')U)l4tOct)CO w d' M N UA r-� r-: N cm 0 't OC) 0 t LO to It r-d^r- — NO Od'IlN-'tNN } CO l` N CO CO — Cy 6f)� 6F? 69 6Fi 6q 6q 69 6A z > 0 t V -0 N �COC�d UAI-- O~ N Q � r� " Cl V: O CM r �U1)UU)NM`tt(3) NCOOCOrl- l,- m ~ O Nr LO (O C) ef) LO co MCACY) -M'T�N 6F} 69 69 6q0- 69 69 _ V 69 U �00000000 O O Co O O o0000 CD - O�q O Q 04C) - Q a CO(t'CoC,)tiOOONN U to U N X E9. EA O Q W 00000000 00000000 Cl) 0 0 0 0 0 0 0 CA � J Q 66L6L600�f0 LOgTN'NOCAMO .N > ON q-0mNU-) :3 W M O M 'cyi "i , 0� 696F}6F}6C}646F}69O m Y N 6F> a� a z 2 W00000000 N0000000m � 6 & C6L6 & (6 ri r: rV LO04LONCOCO(N0) _z _J m Cl) ca Qi m :3 V 0 -p N C`7 LU- CU Y) U L = (1) n 4-U N DD a000co O CL <(nn° 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 320.229.4301 FAX architecture engineering environmental transportation 2002 CSAH 19 UPGRADE (1,000' SOUTH OF 57TH STREET TO 620' NORTH OF OUTLET MALL) INCLUDING BIKE PATH 08/30/02 PRELIMINARY ESTIMATE ALBERTVILLE, MN SEH NO. P-ALBEV 0216 OPINION OF PROBABLE COST ITEM UNIT OF APPROXIMATE NO. ITEM DESCRIPTION MEASUREMENT QUANTITY UNIT PRICE AMOUNT 1 MOBILIZATION CU YD 1.00 $20,000.00 $20,000.00 2 REMOVE CONCRETE MEDIAN SO YD 550.00 $10.00 $5,500.00 3 REMOVE CONCRETE CURB AND GUTTER LIN FT 2,750.00 $5.00 $13,750.00 4 COMMON EXCAVATION CU YD 15,500.00 $7.00 $108,500.00 5 SELECT GRANULAR BORROW (LV) CU YD 8,650.00 $8.00 $69,200.00 6 SELECT GRANULAR BORROW (CV), BIKE PATH CU YD 1,210.00 $12.00 $14,520.00 7 AGGREGATE BASE (CV), CLASS 5 MODIFIED (P) CU YD 6,350.00 $16.00 $101,600.00 8 AGGREGATE BASE (CV), CLASS 5 (P), BIKE PATH CU YD 650.00 $20.00 $13,000.00 9 2350 WEARING COURSE MIXTURE TON 875.00 $34.00 $29,750.00 10 2350 WEARING COURSE MIXTURE, BIKE PATH TON 700.00 $45.00 $31,500.00 11 2350 NON -WEAR COURSE MIXTURE TON 2,060.00 $32.00 $65,920.00 12 BITUMINOUS MATERIAL FOR TACK COAT GAL 1,500.00 $1.50 $2,250.00 13 CONCRETE MEDIAN SO YD 2,860.00 $40.00 $114,400.00 14 STORM SEWER LIN FT 1,500.00 $60.00 $90,000.00 15 DRAINAGE STRUCTURES EACH 12.00 $2,000.00 $24,000.00 16 CONCRETE CURB & GUTTER LIN FT 8,125.00 $8.00 $65,000.00 17 TRAFFIC CONTROL LUMP SUM 1.00 $40,000.00 $40,000.00 18 STRIPING LUMP SUM 1.00 $15,000.00 $15,000.00 19 SAWCUT BITUMINOUS PAVEMENT LIN FT 5,800.00 $3.00 $17,400.00 20 TURF RESTORATION LUMP SUM 1.00 $70,000.00 $70,000.00 21 SIGNING LUMP SUM 1.00 $10,000.00 $10,000.00 22 REVISE TRAFFIC SIGNAL SYSTEM 1.00 $100,000.00 $100,000.00 23 TRAFFIC SIGNAL SYSTEM 1.00 $200.000.00 $200,000.00 24 GUARD RAIL LUMP SUM 1.00 $15,000.00 $15,000.00 SUBTOTAL - CONSTRUCTION $1,236,290.00 CONTINGENCY $123,629.00 ENGINEERING $222,532.20 FISCAL, LEGAL, ADMINISTRATIVE $120,000.00 GRAND TOTAL $1,702,451.20 W:VAIbevt02161specs\preliminary-estimate3.)ds 1 , 9/24/02 Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer FEB. 27, 2003 9:46AM N0, 323 F. 2 45 South 74 Street Suite 2500 Minneapolis, MN 55402 % CT^W UT AND� SECURITIES E X T E R N A L DATE: February 27, 2003 (800) 851-2920 (612) 851-5900 Fax 612 659-9630 M E M Q R A N D U M TO; Linda Gocb, City Administrator Mike Couri, City Attorney Pete Carlson & Heidi Pepper, City Engineer FROM: Paul Donna Northland Securities - Public Finance RE: CSAH 19 Improvements — Preliminary Financing — G.O. Tax Abatement Bonds The City of Albertville is proposing to fimce the CSAH 19 improvements through the issuance of General Obligation Tax Abatement Bonds, in addition to the City's general obligation pledge, debt service on G.O, Tax abatement Bonds is to be paid from tax abatement revenue to be received from designated tax parcels within the City. As you know, the authorizing State statute limits the total amount of abatements within the City to the greater of S% of the current levy or $100,000. Therefore, for the City of Albertville, the maximum amount of abatement revenue will be limited to $100,000 annually. In addition, the maximum principal amount of tho bonds cannot exceed the aggregate of abatements to be received over the term of the abatement district. We understand the City's abatement district will extend the 15-year maximum permitted by law so therefore the total bond issue will not exceed S 1,500,000. Attached please find the preliminary finance plan for the City's G.O. Tax Abatement Bonds. Page 1 illustrates the estimated sources and uses assuming a maximum borrowing of $1,500,000, The net proceeds estimated to be available for construction would be $1,456,000, Page 2 illustrates the estimated debt service over the fifteen -year term. Assuming a 4.49°10 average interest rate the axmual debt service computes to approximately $142,000 annually. It is our understanding the City has entered into an agreement with the County to cover the balance of debt service exceeding $100,000 over the term of the bonds. Page 3 illustrates the estimated revenuo strums assuming the $100,000 City abatement reven,ae and $50,000 of County funds received annually. Page 4 illustrates the cash flow of revenues and debt service, It is our understanding based on County projections given to the City engineer that the estimated revenue within the tax abatement district would generate approximately $154,000 for pay 2004, Thereafter, the annual tax abatement revenue will exceed $284,000. Therefore, the maximum City abatement contribution should be met. Please note the City must add the estimated abatement to its levy for each respective abatement year. The City will reo6ve its somi-annul tax distribution, as it would absent the abaterimtt. Also, it is the City's responsibility to make the annual calculation ragaxding the specified abatements. The debt sarvica on ,the G.O. Tax Abatement Bonds is structured assuming the first collection of abatements is collected with the'2004 tax collections. I �uope this information is helpful. Please call me if you have any questions. FEB.27.2(03 9:47AM N0.323 P, 3 $11500,000.00 CRY ofAtbertvllle, Minnesota General Oblipatian Tax Abatement Bonds of 2003 SOURCES & USES Frelleinary t eted 0N0i/2003 Delhwed 08101r2003 SOURCES OF FUNDS ParAmount of Bonds......................................................................... $1,mo.000.00 TOTALSOURCES............................................................................ $1.500,000.DD USES OF FUNDS ToW Underwrltsrs Discount(1.700%N............................................. 20,s00.00 Costs of Iseuance.......................................:.............I..................... 20.600.00 Deposit to Project Construction Fund ................................................. 11400,000.00 RoundingAmount......................................................I......I...........1. (2,000.00) TOTALU868.................................................................................... $1,500,000.00 N0010nd Seonrftlea Fh ■ ALBERTVILLE.SFQ.O. Tsx Abatement Bonds of 2003- SINGLE PURPOSE, Publb Fkwcs Group 2/227/2003 7:42 AN Page 1 FEB. 2T 2003 9.4701 N0. 323 P. 4 Preliminary $10500,000.00 City of Albertville, Mlnnesote General Obligation Tex Abatement Bonds of 2003 DEBT SERVICE SCHEDULE Oats Principal Coupon hersal Total P+I FISCAL TOTAL 6101/2005 - - 8101/2004 61,645,00 12101/2004 t10,000.00 2.000% 30,024.50 60,822.50 142,467.50 9101/2005 30,322.50 30.322.50 1210112005 80,000.00 2.250% 30,322.60 110,322.50 140,645.13C 5101/2006 29,422.50 29,422.50 - 12MV2006 85,000.00 2.100% 29,422.30 114.422.50 143,846.00 6101/2007 28,276.00 28,275.00 12/01/2007 85.000.00 3.100% 28,276.00 113,275.00 141,680.00 5101/2008 20,857.50 20,957.50 12101/2008 00.000.00 3.600% 25,957.50 116,957.50 143,915.00 5/01/2009 25,382.60 25,382.60 12101/2009 90,000.00 SAM 25,302.50 115,362.30 140,755.00 BM112010 - 23,560.00 23,660.00 12101/2010 95,000.00 4.10D% 23,650,00 118,650.00 142,300.00 8/01/2011 - 21,702.50 21,702.50 12/01/Wli 100,000.00 4.200% 21,702.50 121,702.50 143,405.00 6/01/2012 - 19,002.60 191602.ti0 12/01/2012 108,000.00 4.3m 19,002.50 124.002.50 144,203.00 5/0IMS 17,318.78 17,318.75 - 12/0112013 105,00100 4,500% 17,318.76 122,310.75 139,837,60 0/01/2014 - 14,988.28 14,956.25 - 12/01014 110,000.00 4.600% 14,956.25 124,93625 139,912.50 01/2015 12,426.26 12,428.25 12/01=15 115.000.00 4.700% 12,425.25 127,42525 139,652.50 W01=16 - - 9,723.75 8,723.75 - 12101015 125,000.00 CUM %723.75 134.723.75 144,447.60 5101/201T 11,692,51 1,692.50 - 12/01=17 130,000.00 6.000% 6,092.50 130,502.50 143,385-00 •5/01I2018 - 3.442.50 3,442.50 - 121011x016 136,000.00 5Aw% 3,442.50 136,442.50 141,500.00 Total 1,500,000.00 532,217.50 2,132,217.50 - YIELD STATISTICS BondYear Dollars........................................................................................................... $14,065.00 Average1ife.............. ................................................................................................... -.... 9.377 Years AverageCoupon................................................................................................................ 4,4949598% Net Interest Cost(NIC).................................. ... .... ............................ .. .... I.......................... 4.6762709% True Interest Cost (TIC). . ....... ............................................................................. , ........... 4.875072376 Bond Yleld for Arbitrage Purpom..................... .................................I.............................. 4.4433129% AllInclusive Coal(AIC)...................................................................................................... : 4.8654763% IRS FORM $036 NetInterest Cost..............................................................,.......,..................I............:.,....... 4.4949698% VWghtad Average Maturity................................................................................................ 9.37T Years WNW Seatw00 FMo - ALBERMLLEW-G.0. Tow Abatenwt Bonds 00003- SWOLS PURP09E PubNa FArance Group VVI2002 7:42 AM Page 2 r,B. 27, 2003 9:48AM NO, 323 P. 5 Preliainary $11500,000.00 City ofAlbertville, Minnesota General Obligation Tax Abatement Bonds of 2003 kEVENUE SUMMARY DATE Clty, Texas (Abatement) County Funds TOTAL 12f01/2003 121011=4 100,000.00 50,000.00 . 150,000.00 12101/2003 100,000.00 60,000.00 150,000AO 12101/2005 100,000.00 50,000.00 150,000.00 1210IJ2007 100,000.00 50,000.00 150,000.00 12/0112008 100,000.00 50,000.00 150,000.00 12/01/200Q 100,000.00 50,000.00 150,000.00 12101WO 100,000.00 50,000.00 150,000.00 1Z1011M 100,000.00 50.000.00 150,000.00 12/01/2012 100,000.00 50,000.00 150,000.00 1210112013 100,000.00 50,000.00 150,000.00 12/01=14 100,000.00 50,000.00 150400.00 12101/2013 100,000.00 60.000.00 150,000.00 12/011201ti 100,000.00 501000.DO 160,000.00 17JO112017 100,000.00 501000100 150,000.00 12l0112018 100,000.00 50,000.00 150,000.00 Total 1,500,000.00 75%000.00 2,250,000;00 Noftend SocuKtlas File s ALS R7V1LLE SF-G.O. Tax Abatement Bonds of 2003• SINGLE PURPOSE Public PImanoo Qw Page 3 2/27/= 7.,42 AM , FEB.21 2003 9:48AM NO.323 P. 6 $1,5000000.00 City of Albertvffle, Minnesota General Obligation Tax Abatement Bonds of 2003 REVENUE VS DiS Preiininary Date R~uo Total Revenues . Scheduled P*! 0/8 Fund to Redemption Net Cash Flow Cash 9alence 12101r2003 - 12101/2004 150,000.00 150,000.00 142,467.80 7,532.50 1,532.50 1210IM005 180.000.00 160,000.00 140,843.00 9,385.00 - • 18,887.80 12/0112006 150,000.00 160,000.00 143,846.00 5,156.00 23,042.50 12/01/2007 160,000.00 180,000.00 141.Od0.00 0,460.00 - 31,492.50 12101J2008 160,000.00 160,000.00 143,915.00 61065.00 - 37,577.50 17JOU2009 100,00= 150.000.00 140,766.00 9,238.00 - 45,512.50 12101/2010 160,000.00 180,000.00 142,300.00 1,700.00 - 54,512.50 12/01rA11 150,000,00 160.000.00 143,406.00 MOO - - 61,107.50 12/0112012 150,000.00 150,000.00 144,2121.00 5.7m.00 - 06,902.50 12101 f2013 150,000.00 150,000.00 139.637.50 10,M-50 11.265,00 12JO112014 150.000,00 150,000.00 139,912.50 10,007.80 - 87,352.50 12101/2015 160,000.00 150,000.00 130,852.50 10,147.50 - 97,500.00 12/01/2016 150,000.00 150,000.00 144,447.50 5,502.60 - 103,052.50 1=102017 150,000.00 150,000.00 143,385.00 6,618.00 - 109.987.50 17/0112018 150,000.00 150,000.00 141,885.00 (109,887.50) 117,782.50 - Total 2,260,000.00 2,250,000.00 2,132,217.60 - - 117,-M.50 - NoOland 9ooudtlea Plie w ALDERNILLE SF-0.O. TO Abatement Bonds of 2003- SINQZ PURPOSE PW* Fheance amup 247/2003 7:42 AM Page 4 r CrrY of Ataz rrvQax MEM©RANDUM TO: N[Ayor and City Couueil PROM Tbu G Pablie Works Supervisor DATB: Fobru wy Up SUBJBCT: PubSe WorkdParits Report We have completed the power sc rem and now will be working on making a drag for the ball fields. We continue to do mevnmance and repairs on all of the equipment. Then ice rink was dosed for a short time due to weather. We have since re -opened it and made good ice I have been doing .. office work such as: getting quotes for crack sealant and cold MM; setbng up the Federal Petroleum tax refimd; looking for information for grants for our gcftg quotes for a utility vehicle for the parks. Some of the uses for this vehicle would be dragging and swiping the ball folds; spraying weeds and frrtilu ng the cleanup of the perks. This vehicle would free up a pickup or a lawnmower. The cost of this vehicle is around 9;1.0 0 which we have money budgeted for. We on also getting pricesfor a 1-tan truck with a utility box for the water and wastewater depspUmt. s � 1I. r H�e'�! iipM11lli 1Yodo1 ��I/glldPilf,!'R A�epoit � 2iQ3.�e0 F- + e ° C I o ALzRTvnLz MEMURANDLM TO: Mayor sod City Ceuaa F M: Dgnrtn mt DATE: Fdweary 28, 2883 SUBJECT: Wsatewater t Fats► Report I mum wmtmg with two co : Fergus Power Pump and SynW, on getting prices /quates for sludge removal. I will be allenft dw Monday, March Yd meeting to update You on the sludge removal and explain fr in more detail, :, , x Albertville City Council Minutes Linda Goeb From: Neil Parker (Albertville) [NParker@CPGI.com] Sent: Thursday, February 20, 2003 8:17 AM To: 'Linda Goeb' Subject: Albertville City Council Minutes Good morning Linda. I'm sorry I did not get a chance to talk to you personally at the meeting, but I would like to thank you & the City Council for giving Chelsea an opportunity to speak about the proposed changes to the Outlets at Albertville. We understand & appreciate the City's concerns with the proposed changes, but I am confident that upon completion of the project. Albertville will have a unique shopping village. In reference to the next meeting on March 3, 2003, please add us to City Council Agenda. Also, is it possible that I could get a copy of last night's minutes for my file. Again thanks! Sincerely, Chelsea Property Group, Inc. Neil Parker Project Manager This e-mail message has been scanned for Viruses and Content and cleared by MailMarshal - For more information please visit www.marshalsoftware.com 2/20/2003 E I NiO��M�Mf�s� AssatI TID COR � � s� 5775 Wayzata Boulevard, Suite 555, St. Louis rarK, MN 55415 Telephone:952.595.9636 Facsimile:952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Albertville Mayor and City Council Members Albertville Planning Commission FROM: Mike Darrow / Alan Brixius DATE: February 6, 2003 RE: Albertville —Towne Lakes PUD Phase II FILE NO: 163.06 — 02.40 BACKGROUND As you are aware, Contractor Property Developers Company (CPDC) has submitted applications to rezone an area from R-1A and B-2A to PUD preliminary plat. The proposed site is between School Lake and Mud Lake in the northeast quadrant of Albertville. The applicant is proposing to develop roughly 93 acres of land that will include "traditional neighborhood" designs. Within Phase II, a total of 215 units with a net development density of 2.41 units per acre are being considered as well as business commercial along the western portion of the proposed site along County Road 19. On January 9"', 2003, a technical report was prepared for the applications. Within the report, staff recommended that 21 items be considered for the requested rezoning and preliminary plat. The applicant has submitted both graphic and a narrative response to these items. Below are the recommendations from the January 9"', 2003 report, followed by the applicant and staff response. Exhibit A: Design Guidelines Exhibit B: Component Plan Exhibit C: Preliminary Plat Exhibit D: Site Plan Exhibit E: Landscape Plan Exhibit F: Street Loaded Detached Homes Exhibit G: Alley Loaded Townhomes Exhibit H: Row Townhome Exhibit I: Residential Street Sections Exhibit J: Concept Layout 1. The applicant should submit a ghost plat to illustrate the logical street extension and subdivision designs for lands located outside the plat at the northeast boundary line. AAgplicant response: We will bring a ghost plat back to the February 11, 2003 meeting but it most likely will be similar to our previous design. We would like to point out our development is proposing to provide street and utility access to site with this proposal. Staff response: The applicant has provided two conceptual plats of the D'Aigle property. One alternative is with 15,000 sf Single Family lots and the other is with a mix of Detached Town Homes and 15,000 sf Single Family lots. Staff recommends that all lots be a minimum of 15,000 sf. No angled lots will be permitted and all lot lines should be radial to the street. To facilitate these concepts the southern cul-de-sac will need to be extended to the east property line. 2. The applicant needs to provide detailed housing designs illustrating the exterior wall treatments of all the medium density multiple family product. Said product must illustrate at least 25% of each wall exterior having brick or stone or better. Applicant response: We don't believe City Ordinances in this development should specifically prescribe or restrict the historic design of the homes in the neighborhoods. Through PUD zoning we requested the flexibility to continue the small town neighborhood theme from Phase I. We request that this condition be modified to reflect similar architectural design guidelines uses in Phase I. Staff response: Phase I didn't include the use of twinhomes or townhomes. Flexibility may be granted by the City through a PUD. The applicant must submit specific standards for the exterior treatments of all medium density units. Until specific standards are submitted to the City, staff recommends that said products must illustrate at least 25% of each wall exterior having brick or stone or better. 3. The applicant must illustrate separate utility connections for each of the townhome units to allow separate water turnoff and sewer connections. Applicant's response: We will revise the utility plans to reflect this. 4. The applicant should provide a block -by -block typical standard layout illustrating house placement by housing product type on the lots that illustrate setbabks, driveways, streetscape arrangements, and on -site parking. Staff response: The applicant has provided block -by -block typical standard layouts which illustrate house placements. To address the Planning Commission's concerns for off street parking and garage placement too close to the street, the front setbacks for garages in the Single Family and Detached Front Load Town Home lots are now proposed at 24 ft minimum standard with a minimum 9 foot garage setback from the front of the home unless the lot is a,look/walkout. In this case the applicant is proposing the garage setback still be the minimum of 24 ft back from the R-O-W. Within the 15,000 sf lot neighborhood, the applicant is requesting a 20 ft front yard building setback be granted in an attempt to keep some consistency in the neighborhood character and minimize shoreland impact to Mud Lake. This may be appropriate if there is a minimum 9 foot garage setback from the front of the home. 5. Lot 12, Block 17 must be enlarged to a minimum lot width of 65 feet Staff response: The applicant has enlarged these lots to meet the 65 foot requirement. 6. Guest parking should be illustrated in Block 1, Common Lot 17 and Block 18, Common Lot 9, and Block 20, Common Lot 5. Staff response: The applicant has provided additional guest parking within these areas. If the applicant wishes to provide bump out parking on any of the public streets, it must be included on the site plan and reviewed by the City Engineer. 7. The Planning Commission and City Council work with the applicant to resolve flexibility regarding front yard -setbacks, house placement. The information that is required for this shall be a typical lot arrangement that illustrates house placement that addresses setbacks, driveway locations, streetscape arrangements, and on -site parking. Staff response: The applicant has provided a template of setbacks for each of the proposed neighborhoods. 8. The applicant shall provide a revised plan that illustrates a buffer yard 20 feet in width extending south of W Street. Said plan shall provide intense landscape screening from the residential properties that abut this street. Staff response: The landscape plan has been revised to add the requested landscape buffering along 7r Street. 9. The City shall undertake a study to determine the cost of improving both County Road 19 and W Street as minor arterial streets and assign a cost associated with their development to the Towne Lake Phase II residential development. Said money shall be set aside in escrow to help finance these later street improvements. Applicant's response: We reserve judgment and the right to appeal escrow amounts until we see the costs associated with this study and improvements. 10. Towne LakeYreliminary plat shall illustrate a dedication of 70 foot of right-of- way along 70 Street. Applicant response: We are willing to dedicate the 50 feet of R-O-W as requested and provide for the 20 foot landscaping buffer along 70"' Street The recent request to increase the R-O-W to 70 feet is unfounded and we request data to support the need for such excessive R-O-W. Additional R-O-W will result in a loss of lot sizes. The additional right of way dedication along 70t' Street has necessitated the need to modify dwelling types4ot and street configuration north of Street 2. We have deleted the Twin Homes and replaced them with Detached Town Homes for a net loss of 6 overall. Staff response: Staff recommends a 60 foot R-O-W between Street 1 and the eastern most section of the plat. However, due to improvements on County Rd 19 and 70d', a 70 foot R-OW will be required between County Rd 19 and Street 1. 11.The following streets shall be revised on the plat to show a minimum street width of 32 feet for West Lake Town Drive east of the roundabout extending to Towne Lake 2"d Addition and Lakewood Drive, Street 1 north and south of the roundabout. r Applicant response: We will modify the plans to the requested street widths, except for Lakewood Drive. We feel strongly that Lakewood Drive remain as a residential street similar to West Towne Lake Drive in Phase I which was built to 28 feet wide. Staff response: City staff and the City Engineer will review the request for Lakewood Drive. 12.All public streets having a width of 24 feet shall have posted no parking. Applicant response: We also may look at increase street width in some areas to 26 feet to have parking on one side of the street. 13. Street 2 extending between Street 1 and County Road 19 shall be eliminated from the plat. Applicant response: According to Assistant County Engineer, if County Road 19 is upgraded with a raised median / divided highway then they would permit a right in / right out at this location. We request that the condition be modified to read "Street 2, extending between Street 1 and County Road 19, shall be removed if the applicant / 4 developer is unable to obtain a driveway access permit from Wright County Department of Highways." 14.All street improvements including streetscape amenities, sidewalks on both sides of the street, landscaping, street lighting, and signage shall be installed at the expense of the developer. Applicant response: In agreement. IS. Private alley identified as Outlot E shall remove landscape medians. Applicant response: We believe it is more important to have medians for traffic claming measures. The alley will be private and maintained by the HOA. Staff response: The applicant's standard lot layout indicates a distance of 12 feet from street curb to the landscaped median on both sides. There will not be curb cuts adjacent to the landscape medians, therefore the proposed medians are acceptable. 16.All stormwater drainage and management shall be subject to City Engineer review and approval. Applicant response: In agreement. 17.All utilities associated with the development shall be subject to the City Engineer review and approval. Applicant response: In agreement. 18.Wetland delineation and wetland mitigation plans shall be subject to approval by the City subject to comments by the City Engineer. Applicant response: In agreement. 19.An EAW is required for the proposed development. Said EAW must be determined to have a negative declaration prior to approval of the preliminary plat. Applicant response: In agreement. 20. Park land dedication of 8.2 acres is deemed appropriate by the City and accepted. The difference between 10% land dedication required by ordinance and the land dedication being proposed shall be compensated with a cash contribution. Applicant response: At the January 10, 2003 Planning Commission Meeting, the Park Dedication fees should be recalculated less the R-O-W area being dedicated for County Road 19 and 70"' Street. We will be providing a park plan for consideration which will build and maintain similar to Phase I which exceed the park dedication requirements. Staff response: The applicant has indicated that additional plans for park improvements. If said improvements meet the 10% land dedication required by ordinance, no additional park dedication will be necessary. 21.The conditions of the PUD approval shall be outlined in a PUD agreement which will include all provisions, all flexibility, and conditions that will govern future development of the plat. Said agreement shall be entered into by the developer and the City. 62plicant's response: In agreement. CONCLUSIONS AND RECOMMENDATIONS Commercial PUD. The applicant submitted planning and design guidelines for The Shoppes at Towne Lakes on February 5, 2003. Staff did not have a sufficient amount of time to thoroughly review these plans and guidelines for the Planning Commission meeting. Therefore, staff recommend tabling the concept plan until for the March Planning Commission in order to allow staff to provide a thorough review. Variances Aside from the PUD flexibility, a number of variances are also required. The applicant and City staff has met with DNR staff to discus the need for two variances associated with the approval of the Towne Lakes PUD. The first variance deals with exceeding the 30% impervious surface. In discussion with the DNR, they recognize that the overall site design provides sensitivity to the existing lakes and felt comfortable with the variance form this requirement. In this respect, City staff agrees with the DNR assessment and recommends approval of a variance allowing for impervious surface in excess of 30% provided the following items are addressed: 1) The site plan provides a 200+ foot setback from the OHWM from all development from School Lake. 2) The applicant incorporate stormwater treatment measures to increase the water quality entering the lake. The second variance that is necessary deals with maintaining at least 50% of the project being preserved as open space for public and private enjoyment and at least half of that preserved open space is required to be in Tier 1. Again, in discussion with the DNR, it was recognized that this is impossible in light of the small amount of Tier 1 space we have. The overall open space does represent 50% of the overall site, however, the Tier 1 application cannot be met and is seen as a physical hardship unique to the property. In this respect, staff recommends approval of that variance. Preliminary Plat Staff recommends approval of the preliminary plat and variances subject to the following conditions: 1) All lots within the ghost plat shall be 15,000 square feet. No angled lots shall be permitted and all lot lines should be radial to the street. The southern cul de sac will need to be extended to the east property line. 2) The applicant shall submit speck standards for the exterior treatments of all medium density units. 3) The applicant must illustrate separate utility connections for each of the townhome units to allow separate water turnoff and sewer connections. 4) The City shall undertake a study to determine the cost of improving both County Road 19 and 70"' Street as minor arterial streets and assign a cost associated with their development to the Towne Lake Phase II residential development. Said money shall be set aside in escrow to help finance these later street improvements. 5) Towne Lakes preliminary plat shall illustrate a dedication of 60 foot right-of-way from Street 1 to the eastern portion of the preliminary plat. The preliminary plat shall illustrate a dedication of 70 foot right-of-way from County Rd 19 until Street 1. 6) All stormwater drainage and management shall be subject to City Engineer review and approval. 7) All utilities associated with the development shall be subject to the City Engineer review and approval. 8) Wetland delineation and wetland mitigation plans shall be subject to approval by the City subject to comments by the City Engineer. 9) An EAW is required for the proposed development. Said EAW must be determined to have a negative declaration prior to approval of the preliminary plat. 10)Park land dedication of 8.2 acres is deemed appropriate by the City and accepted. The difference between 10% land dedication required by ordinance and the land dedication being proposed shall be compensated with a cash contribution. If additional improvements meet the 10% land dedication required by ordinance, no additional park dedication will be necessary. 11)The conditions of the PUD approval shall be outlined in a PUD agreement which will include all provisions, all flexibility, and conditions that will govem future development of the plat. Said agreement shall be entered into by the developer and the City. PC: Linda Goeb, City Administrator Mike Couri, City Attorney Peter Calson, City Engineer Dave Hempel, CPDC ., Cory Meyer, Westwood Linda Fisher, Attorney h CITY OF ALBERTVILLE City Council Findings of Fact & Decision Albertville- Towne Lakes PUD Phase 11 Rezone / PUD / Preliminary Plat / Variance Applicant's Name: Contractor Property Developers Corporation Request: Contractor Property Developers Corporation submitted an application on December 18, 2002 to rezone an area from R-1A to PUD, Preliminary Plat, and variances from the 30% impervious surface standard within the Shoreland area and 50% open spaces required for the Tier 1 Shoreland area.for plans dated and revised on January 30, 2003. City Council Meeting Date: March 3, 2003. 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 reports dated January 9, 2003 and February 6, 2003 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. J. The Planning Commission held a public hearing on February 11, 2003 to consider the development application and take public testimony. The Planning Commission recommended that the Council approve the development application subject to the conditions outlined in the January 9, 2003 and February 6, 2003 planning report. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES rezoning an area from R-1A to PUD, Preliminary Plat, and variances from the 30% impervious surface standard within the Shoreland area and 50% open spaces required for the Tier 1 Shoreland area. Approvals are based on the most current plans dated and revised January 30, 2003 and information received to date subject to the following conditions: Variances of the 30% Impervious Surface Coverage within the Shoreland Area: This variances deals with exceeding the 30% impervious surface within the Shoreland Area. In discussion with the DNR, they recognize that the overall site design provides sensitivity to the existing lakes and felt comfortable with the variance from the 30% impervious surface provided that the following items are addressed: 1. The site plan provides 180+ foot setback from the OHWM to new residential development from School Lake in Phase II exclusive of lots approved with Phase I and the barn. 2. The applicant incorporate stormwater treatment measures to increase the water quality entering the lake. Variance from the 50% open space within Tier 1. This variance deals with maintaining at least 50% of the project being preserved as open space for public and private enjoyment and at least half of that preserved open space is required to be in Tier 1. The overall open space does represent 50% of the overall site, however, the Tier 1 application cannot be met and is seen as a physical hardship unique to the property. Preliminary Plat / PUD Rezoning: 1. All lots within the ghost plat shall be 15,000 square feet. No angled lot lines shall be permitted and all lot lines should be radial to the street as part of the preliminary plat. The southern cul de sac will need to be extended to the east property line. 2. The applicant must illustrate separate utility connections for each of the townhome units to allow separate water turnoff and sewer connections through landscaped yards of the townhomes. 3. The City shall undertake a study to determine the cost of improving both County Road 19 and 70"' Street as minor arterial streets and assign a cost associated with their development to the Towne Lake Phase II residential development. Said money shall be set aside in escrowUto help finance these later street improvements. t 44 gm 4. Towne Lakes preliminary plat shall illustrate a dedication of 60 foot right-of-way from Street 1 to the eastern portion of the preliminary plat. The preliminary plat shall illustrate a dedication of 70 foot right-of-way from County Rd 19 east to Street 1. 5. All stormwater drainage and management shall be subject to City Engineer review and approval. 6. All utilities associated with the development shall be subject to the City Engineer review and approval. 7. Wetland delineation and wetland mitigation plans shall be subject to approval by the City subject to comments by the City Engineer. 8. An EAW is required for the proposed development. Said EAW must be determined to have a negative declaration prior to approval of the preliminary plat. 9. Park land' dedication of 5.81 acres is deemed appropriate by the City and accepted. The difference between 10% land dedication required by ordinance and the land dedication being proposed shall be compensated with a cash contribution. If additional improvements meet the 10% land dedication required by ordinance, no additional park dedication will be necessary. 10.The conditions of the PUD approval shall be outlined in a PUD agreement which will include all provisions, all flexibility, and conditions that will govern future development of the plat. Said agreement shall be entered into by the developer and the City. 11.The applicant shall provide the City with revised architectural guidelines that illustrate the following: a. Varying rooflines of attached townhome buildings. b. Identify exterior finish treatments of all attached townhome units. c. Provide at a minimum of four different housing fronts for attached townhomes. No two side -by -side home fronts shall have the same architectural design. 12.The applicant shall provide parking stalls for townhomes located within the southwestern portion of the site plan. 13.The applicant shall provide a minimum of 40 additional parking stalls within the park area. 14. The applicant shall adhere to visual traffic and visibility provisions outlined within Section 1000.8 of the City's Zoning Code. 15. Lot 3 Block 9, and Lot 11 and 12 of Block 3 are allowed to have twinhome / two family units per the design standards approved as part of the PUD. 16. Subject to City comments pertaining to grading, drainage, wetland mitigation, utilities, and streets. Adopted by the Albertville City Council this day of March, 2003. Attest: Linda Goeb, City Administrator City of Albertville By: Don Peterson, Mayor ' TY o� 0 * WRIGHT COUNTY v' DEPARTMENT OF HIGHWAYS wAYNE A. r•INGALsoN, P.E. Highway Engineer Z (763)682-7388 M to Wright County Public Works Building VIRGIL G. HAWKINS, P.E. 1901 Highway 25 North Assistant Highway Engineer dy Buffalo, Minnesota 55313 (763) 682-7387 78r=6 Jct. T H. 25 and C.R. 138 RICHARD E. MARQUETTE Right) Way Agent TeleTelephone: (763) 682-7383 P (763682-7386 FAX. (763) 682-7313 January 17, 2003 Honorable City Council Members and Planning Commission Members City of Albertville P.O. Box 9 Albertville, MN 55301 Re: Preliminary Plat Review - Town Lakes 3' Addition, Access to CSAH 19, City of Albertville Honorable Mayor, City Council Members, & Planning Commission Members: We have received the preliminary plat for the above mentioned development that consists of approximately 247 housing units that would be constructed on the east side of County State Aid Highway (CSAH) 19. We have reviewed the preliminary plat with regard to access and right-of-way issues along CSAH 19 only. Aspects of storm drainage, street improvements, . and grading internal to the plat must be reviewed by the City Engineer. for conformance to city standards. We offer the following comments: The proposed development will need to maintain existing drainage rates (i.e., the rate at which storm water is discharged from the site must not increase). The City or project developer will need to submit before/after hydraulic computations for both the 10 and 100 year rainfall events verifying that all existing drainage patterns and systems affecting Wright County Highway right-of-way will be perpetuated. 2. The southerly proposed access (across from 67`h. Street) meets the County's 1320 ft. spacing requirement: The northerly proposed access does not meet the spacing requirements, and will not be permitted. An access permit will be required for the new access to CSAH 19. A right -turn lane and dedicated left turn lane will be required to be constructed on CSAH 19 for the southerly proposed access. Construction of the required turnlanes will be a condition of access to CSAH 19. The culvert under the proposed access road to CSAH 19 should be an RCP pipe, and have a minimum 6:1 sideslope, in accordance with the County's access policy. Concrete curb & gutter (including raised median) from the internal City street (West Laketowne Dr.) should end at the CSAH 19 right of way line. Please , forward a completed driveway permit application, and fee, to Bruce Leinonen, Permit Technician, of our office. Equal Opportunity /Affirmative Action Employer Page Two City of Albertville January 17, 2003 3. All existing field and/or driveway entrances along CSAH 19 within the plat frontage, shall be_ removed, as a condition of the access permit. 4. A right-of-way width of 80 feet from the centerline of CSAH 19 is required and is shown on the preliminary drawings. 5. The proposed drainage pond, located just north of West Laketowne Drive, must be moved (to the east) completely outside of the CSAH 19 right-of-way. 6. A utility permit will be required for any utility work within the CSAH 19 right-of-way. This will cover any sanitary, watermain, or storm sewer work within the CSAH 19 right-of-way. Specific requirements will be determined when a plan and utility permit application are submitted to Bruce Leinonen, Permit Technician, of our office. We trust that this information is helpful to you and if you have any questions or concerns regarding the above comments please call me at 763-682-7387. Sincerely, Virgil G. Hawkins, P.E. Assistant County Engineer cc: Wayne Fingalson, County Engineer Jay Wittstock, County Surveyor Bruce Leinonen, Permit Technician Steve Meyer, Maintenance Superintendent Dave Hempel, Contractor Property Developers Company Pete Carlson, SEH, Inc. Linda Goeb, City of Albertville Tom Salkowski, Planning & Zoning Plat Review File No. 03-01 CADocuments and Settings\vgh7387\My Documents\WPWIN\PLAT\ACCESS\Town Lakes 3rd csah 19 albertville.wpd DETAIL Decorative paving materials Regularly spaced 3-4" caliper deciduous boulevard trees. Front yard planting must include foundation planting as well as overstory trees. Careful tree & shrub positioning softens & blends homes to the streetscape. D. PAVING/FLATWORK 1. Flatwork and steps with decorative nosings and detail are encouraged at tt front yard as well as the rear yard. 2. Decorative or colored paving is encc aged. This includes decorative expansi joints, break lines, stamped and colorec asphalt ("Street Print" or equal), stamp and colored concrete ('Bomanite" or equal), brick or colored concrete, interk ing pavers. 3. Position retaining walls and slopes t preserve trees where possible. Select w materials and colors to compliment the home design and material. E. PLANTING 1. Site planting plan common and muss include a plant list containing scientific names, sizes and planting conditions (balled and burlapped, potted, bare roc container grown, tree spade, etc.) 2. Regularly spaced 3-4" caliper decidu boulevard trees should conform to ARC guide site plan. 3. Front yard landscapes are to responc development planting and A.R.C. recor mended planting plan. 4. Front yard planting must include foi dation planting as well as both overstoi deciduous and coniferous trees, unders ry trees and shrubs. F. REQUIRED PLANTING BUDGET: 1. The budget for the Landscape Plano Plan must equal or exceed 2-3% of the home's value. G. REQUIRED LANDSCAPE PLAN 1. A professional landscape plan mus prepared by a competent landscape designer or landscape architect. 2. ARC reserves right to require addit al landscaping (above the minimum lai scape budget) on lots where side and r, house elevations are highly visible to views from off -lot, and/or where lack architectural design or detailing must t offset/screened with vegetation. EXAMPLE 401 Natural areas, woven with mowed turf areas, help to define outdoor rooms. r Select wet -association plants near water and upland planting for higher areas. 1 Traditional fencing materials of brick & iron. DETAIL H. NATURAL AREAS 1. Foundation plantings should be exe ed in a manner consistent with each home's style. (Soften blank walls, shelt entry walks, hedges for formal design. 2. Natural areas refer to landscape fea- tures which function as visual edges tc frame each lot. They help define the o door "rooms". In the front yard natur areas would generally be located dose the street, possibly adjacent to the lot 1 so the same idea could be continued b, the neighboring lot owner. In the back yard natural areas are encouraged at o= about the rear and/or adjacent side prc erty lines. Natural landscape treatmen should not replace foundation planting Natural areas must be mutually agree upon with the ARC and would include Examples: a. Natural forest emergent vegeta- tion theme: b. Prairie grasses, wildflowers or other perennial ground covers. c. Formal garden theme: Rose bush garden, Formal perennial gar d Patch of forest theme: a stand o young Aspen (this will require 10 to 20 trees, although they could be as small as 1" caliper.) I. DECK PLANTING 1. Decks to be shaded by at least one 2 1 / 2" caliper deciduous shade tree. J. SOD 1. Minimum sod: front, side and 20' i rear yard unless it runs into a 3:1 slope Slopes must be sodded and staked or seeded with appropriate grasses, mule other A.KC. treatment. K FENCING 1. All fence designs must be reviewed and approved by the ARC prior to inst lation. L. SECURITY FENCES 1. Standard chainlink fences are not pF mitted. M. DECORATIVE FENCES 1. Front yard fences must be limited it height, must be approved by A.R.C., a: are strongly encouraged to be traditior Design: ie. picket, wrought iron... 2, Vinyl white, tan or grey picket or 11 Pag DETAIL Picket fences with larger posts at ends & comers. black, green or cream wrought iron fer allowed in rear yards. 3. All fence designs must be reviewed approved by the ARC prior to installat 4. If fences are used, gates and archw4 are encouraged as a welcoming entry t property. 5. Privacy or utility screening must int grate with and compliment the architet ture. 6. "Invisible fences" are encouraged sh be used for dog enclosures. N. RETAINING WALLS 1. Preserve trees & compliment home design with retaining materials & slope 2. Construction details should be prov- for retaining walls greater than 3 feet exposed height. 3. Retaining walls should not exceed 6 wall in height and be constructed of mz rials such as stone, veneer or decorative concrete block (i.e., keystone). Break u- larger elevation drops with stepped mi ple walls. 4. Landscape wallsurface materials ar colors shall be consistent with accent rr rials used on home. O. MAIVNEWSPAPER BOXES e Mail and newspaper boxes will be pr vided and installed by the Developer. P. HOUSE NUMBERS • Front yard house address identificati standards (typeface & number height requirements) must be met. Q. LIGHTING 1. Exterior light fixtures should be in acter & style of home. 2. Lighting sources should be indirect where possible, with all lighting in shz of white (no colored bulbs other than a holidays). 3. Spillover of glare must be avoided t neighboring lots and light sources mu. shielded to prevent glare. Wall washes be achieved through an eave or group mounted light fixture. Avoid soffit mol ed spot lights. ARC may allow such st only in areas not visible to street or frc Pa - DETAIL A private space created by pool and terrace. other lots. 4. Tree uplights should be recessed bel ground, behind shrub masses or dowr lights should be positioned within the trees, out of primary view. 5. Integrate landscape lighting with d arbor, post, bench & trellis elements. R. DOG RUNS/HOUSES 1. Must be immediately adjacent to th home and screened appropriately with design, materials and trim similar to & primary home. S. POOLS AND HOT TUBS 1. Design, materials and layout must b submitted for ARC review done in refe ence to the DNR openspace plan requi ments. 2. All pools and hot tubs should be fit to the landforms, terraces, porches and decks. Above ground pools will only L allowed on specified lots so they can nt be seen by the public or are made to appear as in ground pools". Review easements prior to planning a pool. 3. Associated code -required security fences, retaining walls, and lighting sht meet requirements described. T. SPECIAL REQUIREMENTS 1. During construction each homesite v be kept clean and free of debris. Each builder will be held responsible for de which blows off the site, so police your site. If the developer must clean: up ti appropriate charges will be passed on. 2. Every owner and builder is respons to provide erosion control per all appli ble regulations. ' Towne Lakes Albertville's New Small Town Neighborhood Site Position Examples of Homes & Garages Front Loaded ( set lack a minimum of 6 feet from the front of the stntcture or porch) AD 1 a r- . ri,liy Recessed (set l.-nck from the front of the hottse a minimum of I/ the depth or the house). CC `� .ram <3 fide Loaded L AfV Courtyard Rear Loaded U a I Idea :�Q a oit Qd bdi 1 O{-iGJt�. I' I-:�i G 4t .2 TTT 11 f Design Guidelines Architectural Review & Design Guidelines for: 61, �,119 NIL. �• •�� GENERAL LOT PLANNING GUIDE1 Careful siting of each home should seek to fit the topography, blend with significant existing vegeta- tion, views, open space and other features that define the character of this neighborhood. These guide- lines will further this goal by establishing criteria aimed at achieving quality levels of landscape archi- tecture and sensitive site plans. Our goal is beautiful streetscapes and open spaces, interesting and com- plementary lot amenity features, paving and planting design. Careful consideration must be made for future additions: decks, fences, and screened porches. Consultation with an experienced landscape design consultant is recommended at the early stages of home and site planning. Design for the unique aspects of your home - site and the neighborhood. Refer to spe- cific treeloca- tions and ele- vations and try to provide a balance between home position, "foot print" and preservation of significant trees. Summer DETAIL tage of sun, views and provide for both F vacy and front yard neighboring opportu ties, while also creating attractive off -lot impacts and considering sight lines of otf homes. 2. Respect the existing topography and work with it. Adapt it with natural form: and retaining that continues the lines of t home. 3. ARC may require maintenance of sigh lines of other homes to natural or built amenities. 1. In concept p anrung identify the trees will be saving and those that appear to require removal. 2. Preserve undergrowth in protected for areas. Pathways are appropriate. 3. For Concept ARC Review Plan submit show the location, size species, and eleva of existing trees greater than 8 inches in diameter and oaks, hickory and sugar m: greater than 2 inches in diameter within proposed area to be disturbed and within feet thereof. 8/16/00 EXHIBIT A Pab DETAIL Position garages to reduce their visual impact on the street. Cause the active, visually interesting fea- tures of the house to be prominent on the streetscape. For every four fully recessed Cages, one fnt loaded garage is allowed (but not encour- aged) provid- ed that certain criteria are met: C. LOT -HOME POSITION GUIDE 1. Respond to ARC garage and home tion from ARC -provided Lot Planning Guide. 2. On vertical curb streets, utilize existi curb cut or pay for new curbcut locatic and street restoration/repair. 3. Homes should be positioned with in respect to existing homes and in anticiF tion of siting of future homes. (See: The A.R.C. Lot/Home Location Guide.) D. HOUSE -DOMINANT HOME DESI( 1. Design homes with "tamed garages" emphasizing a home's elevations, to be ing massing and architectural detailing, including a recognizable style, or domir or tasteful blend. E. TOWNE LAKES'S REDUCED SET- BACKS 1. 20' setback from property line (15' from back of most sidewalks) allows/motivates use of deeper floor plans (see City requirements 1. With reduced lot widths and budget c scious home design, house -dominant designs require creative two and three c garage positioning to screen, diminish impact from road, while emphasizing h entry and approach. 2. Provide not less than two car or mor than four spaces without ARC approval 3. Garage positioning that emphasizes house and minimizes garage can includ • 3 car L-shaped garages with tandem spaces, turned garages at side streets, si load garages and limited use courtyard garages (where lot width permits). 4. On lookout or walkout lots, emphasi. oversized garages (with two 1 car doors one 2 car door) to provide greater desig freedom yet meet homeowner's need fc greater storage. Pa- TIM df, 2!"'l, I" Special uses Will be approved by Administrative permit through administrative design review. Attached sin- gle family, wellin homes for two families are encouraged on corner lots and beyond 200' of each otheL �l r M��sldlsi��i_• - r DETAIL G. ACCESSORY DWELLING UNITS 1. 800 s.f. accessory dwelling units are permitted in many Towne lakes homes 2 "Flex ace" designs for alternate us� garages/homes could provide space fc accessory dwelling unit, office, craft sp, etc. H. TWO-FAMILY HOMES 1. Design structure to look like single ily home, with garages at either end or a Pag DETAIL Front entry walk. Natural areas. in a way to shield visibility. earaees and entries should be point. See position PUD requirements: to two per street corner, generally 200' between two family homes. 2. Exterior design & massing, selected style, detailing to appear as a larger sin family detached home. I. HARD SURFACES/PAVING 1. DRIVEWAYS a. Driveway gradient no greater tha 15%. preferred drive not greater tha 107o to 20' deep apron area at garagE greater than 4% slope. b. Driveways. to be narrowed m the front yard area and curb cut locatior 2. FRONT WALKS a. With or without a side walk, eac home is to have a walk from the frc entry/porch to the back of curb, pr= ably with steps near the street right way line/back of sidewalk (except with unusually long drives or steeF topography. 3. PAVED AREA a. Homes without a front porch mu have a paved surface of at least 100 s.f.. A deciduous overstory or unde ry tree, minimum 3" caliper must p vide shade for the area. Creative/rr use of paved surfaces is encourages Pat ENERAL H O M E D E S I G N G U I D Provide each individual home its own identity and character. Homes must be aesthetically balanced, with details consistent with the selected architectural style, and built with quality materials and work- manship. Homes not demonstrating adequate design variety will not be approved by ARC. Trellis/arbor/pergola as garage camouflage. DETAIL 1. Create attractive off -lot visual impa Be mindful of the home's massing as s from surrounding road approaches an( when viewed with other adjacent and round homes. Avoid unaccented 2 & story facades. 2. Respond to each lot's on and off- sit opportunities to help define the views, home's outdoor spaces and guide posi- tions of home interior spaces 3. Select/design home floor plans that establish a friendly relationship with tl street via porches, decks, gradual level changes and anteways, entry sitting ar, courtyards, patios, terraces, sheltered entrys, etc. 4. Price efficiency can come with simp lower room -count, "box -on -box" floor plans, blended with modern, shared-sF room layouts. S. "Stage front" appearance will not bk approved. The home's sides and rear should support the style of the home's front elevations, with similar trim, det� ing & sidings. 6. De-emphasize/camouflage garages with setbacks from home front, with porch extensions, arbors, trellises, win,, walls or retaining walls. Hide garbage recycle bins through design. 7. Add steps from garage to home, prc vide headroom at garage service door. Allow space for added risers in garage and/or transition rooms within home, such as laundry/mudroom. Design should reduce impact of blank area ab, garagge door(s) (ie. lowered roof line, trim/ details.) Pag EXAMPLE DETAIL Provide main floor elevation that is raised 21/2 to 3 feet above the street eleva- tion. 5 to 7 ris- ers typical. With reduced front setbacks (that encourage neighboring), raise home to protect privacy. B. HOME TO BACK OF CURB 1. Raise home, with added front steps to capture an old traditional look par- ticularly with reduced setbacks... can turn on -grade homes to look -outs, look -outs to walkouts. C. ROOF PITCHES 1. The roof on each home is one of the most important visual masses on the house. Roof slopes and overhangs mu: be appropriate to the selected individu style: Research your style, know its cor ventions. 2. Design and refine well thought out, simple and strong roof forms. Increase roof pitches are generally preferred (ex, for some bungalow and prairie styles.) D. HARDSCAPE TERRACES/PORCHES/OUTDOOR LIVING SPACE 1. Outdoor living spaces can provide-e tive transition between home, outdoor and a place of interaction with neighbc These could include patios, decks, gar- dens, terraces, seating areas. If a porch,, terrace tpor eparedshown and labeled, should f sufficient size to allow sea ing for 2, minimum. Sheltered entries (without seating areas are acceptable) I then a terrace or other hard surface sea area at the front of the home.must be p vided. Pag DETAIL HOME DESIGN G U I D The design of the homes for Towne Lakes will require a blend of standardized plans and custom adap- tation to site and home owner needs and likes and Towne Lake's streetscape will grow in character from the addition of one tasteful home after another. This depends a lot on details. DETAIL A. PREFERRED STYLES • Designs utilizing modern floor plans within an architectural theme. • Colonial, • victorian, • federal, • farmhouse, • cape cod, •tudor • stick, • shingle, (early) prairie school • arts & crafts bungalow. B. PREFERRED MASSING • 2 story, • story & 1/Z • ranch, • 2 story with attic dormers. C. GARAGE TREATMENTS 1. Use two-story/ dormer elements ove garages for architectural interest and bo space. 2. Garage door accents and detailing should be used to break up its scale & designed to echo home style/ detailing, making it look less dominant, more a cc tinuation of the structure. Do not use pi flush steel doors. 3. Where there are garage walls with nc doors, there should be windows that mz other windows & trim/architectural det of the home. 4. In area below floor line and above grade, use stone, cultured rock, siding extensions, lattice, brick stucco and "band"/ verge boards. D. ENTRY PORCH/STOOP 1. Provide a stoop or entry porch (of us able size), large enough for plants and s ing. They should be covered.by an over hang, roof, trellis, portico or detail appi priate to home style. 2. Where a smaller sheltered entry is planned, provide an entry setting such veranda, deck or patio suitably sized fo minimum of two chairs. Pag DETAIL E. ROOF MATERIALS 1. Well proportioned overhangs, fascia gutter, soffit, frieze, window trim & details, skirt board & corner treatment, supportive to selected dominant architt tural style. 2. Roof materials may include cedar shakes, copper, slate, or a minimum or lb. tabbed asphalt, "dimension" shingle Small amounts of prefinished standing seam metal may be acceptable. Colors should be muted, dark shades with sha ow coloring. 3. Valley flashing of copper, prefinishe: metal, or interwoven shingles are pre- ferred. 4. Gutters and downspouts must be in grated to color and style of house. 5. Functional roof vents are encourage( Continuous covered ridge vent, shingle over type should be used. Avoid/minis box vents. • F. ARCHITECTURAL SIDING & TRI 1. Use materials & Architectural trim c sistent with home and selected home st 2. Use vents, recessed bays & cantileve to create interest & shadow lines. 3. Exterior materials of masonry brick, stone, stucco and natural wood are pre- ferred. Use great care in selection of "c tured stone" products for ARC. Sampl, are required. 4. Stained & prestained wood, clad, cementous materials or composites will accepted if sample or manufacturer's c-1 log -with trim indicated and color speci are submitted. b Other vinyl sidings mz be approved by ARC. Wolverine vinyl ing/ trim system is ARC approved. Specific colors and treatment must be A. approved for each home. G. MASONRY - BRIMSTONE, CULTURED STONE. 1. The first masonry on the house shout be the fireplace chase, if visually promi nent. 2. Masonry fronts must wrap corners t logical stop, but no less than 24". 3. Masonry, if used, apply in locations most visible. Pag rX,i M1'l,E DETAIL l 4. Columns must be sized appropriate their height and building mass suppor H. FIREPLACE CHASE/CHIMNEY 1. Should reflect the home's style. Masonry chimney is preferred. 2. Decorative chimney caps/screens a encouraged. I. DIRECT VENT FIREPLACES 1. Are permitted but boxed out "dog- house" forms are not allowed. 2. Chimney caps should be detailed fl top of box type design. J. DOORS AND WINDOWS 1. The entry door is expected to be a dominant feature. Sidelights and tran- soms are encouraged. 2. Use energy -efficient, quality doors windows selected to fit the architectur style. 3. Select window grilles to be in chara with architectural style. K. WINDOW TRIM 1. Windows must have exterior trim c sistent with selected architectural style elevations. 2. Windows and doors may be painte natural wood, aluminum, or vinyl cla 3. Shutters, if used, should be sized tc look as if they could close over entire ,% dow. Do not use with multiple windc groups. L. DECKS 1. Must be consistent with home_ design/style and should be an'extensi of the home. 2. Above ground decks must be supp, ed with 91 / 4"x91 / 4" or equal mass columns where visible*, designed in c' acter with the massing of the home. Minimum of 6"x 6" column where de: will not be visible* from existing or future streets or residences. If deck i more than T above grade and visible* screening below deck must be provide Home materials must extend to deck detailing. Pag DETAIL *visible, from existing or future streets, homes, parks or openspace. 3. Handrailing design and detailing should be consistent with the home's c sen style. 4. Cedar, redwood and wood compost wood construction is encouraged. Pai. or stained depending on home style. 5. Future construction/decks should t included with the plans for approval, t indicated as future construction. Whet doors are provided to a deck, a minim- 4' W wide deck must be built. K TRASH ENCLOSURE • Accommodate garbage and recycle b through added garage width or depth, wing -wall extensions, fence enclosure extensions, retaining walls. Pag, IV. DETAIL SITE D E S I DETAIL A. LOT PREPARATION 1. Lot development plan and landscape plan must be prepared by competent, exF enced landscape designer or landscape architect. 2. Completely fence trees that are to be saved at a distance of 1.5 feet times the tr diameter in inches. B. CORNER LOTS 1. Corner lots will have special review ensuring that each exposure to the street received equal landscaping attention. C. GRADING 1. Builder's and owner's responsibility prevent erosion and assure positive drainage. 2. Show erosion control plan and schedu of tasks. 3. Show locations of topsoil stockpiles ar fill soil stockpiles, and proposed silt fend 4. Avoid abrupt slope intercept between existing and disturbed soil surfaces, and encourage rounding which blends into ti natural grade. 5. Create contour and grade changes to enhance privacy, visual interest and amp plant material impact. 6. Sod all swales. Minimum: swales mir 27o swales, minimum drainage slope 6" i first 10' away from all building sides. 10-, hard surface. 7. Contour site to protect mutual draina issues and existing or potential basemen 8. Design, materials and layout must be submitted for ARC review. Page .0 FEW 0 m a !i ar ji ff yy �aas-a iaa-2 a , Z 1 �� d�7 ltAAilA IIAA�f Ogg AAAaa i J AdhAWN! I f I L --- ------ j L =-- _j Vasa I-T-�..laif" �« I 1 111 �� — - lri •' —� L r a a o N d a E N O N O E pp t0 0 O O N T O �6 N CC Y O coE E c0 LL Q. O O 'E 1p N Y leY-a i 7= E 3 cO be in d as N d m .m V1 5 N d a 07 N N c G N N m m LLLL o ��`. av)F- QQ 0 N c N U O - in � 10000 N N a. 0 a _ N � O N C L O1 o S u 3 Y N T m @ E N m— (n � O O CL U N N C N N C V J 4) C N Q (D N N 0000 LL m z c o u O _ Z) � o c0 c a N � O O c dg m coo o ro C •- � ; o a+ 3 o� 3c aa)c q T n o c`a O 8 N = C > L Y Y; y p 0 3E n 3 m 0 mt rn -� O C T N N � co .O w N V cm O Q c V) p Y 0 CD co CD on v Q' 7� G1 GQ/ N aF_w LV I1 i ' NORTHWEST ASSOCIATED CO NSULTANI � 3 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952-695.9636 Facsimile: 952.595.9837 planners@nacplanning.cam PLANNING REPORT To: Albertville Mayor and City Council Linda Goeb, City Administrator From: Alan Brixius Date: January 30, 2003 Re: Albertville Crossing Second Addition Rezonina of South 148 feet of Lot 2, Block 1 File No: 163.06-02.32 BACKGROUND H.J. Development, LLP has submitted an application for rezoning of the south 148 feet of Lot 2, Block 1 Albertville Crossing Second Addition ("Lot 2") from "B-3", Highway Commercial District ("B-3") to "B-2", Limited Business District ("B-2"). The rezoning is requested to accommodate a multi -tenant retail facility. Lots adjacent to the site to the south and east (across LaCentre Avenue) are zoned B-2. Attached for reference: Exhibit A: Site Survey Dated 12-13-2002 Exhibit B: Site Plan Dated 12-17-2002 ANALYSIS Lot 2 is currently zoned B-3. The applicant is requesting approval to change the zoning of the south 148 feet of Lot 2 from B-3 to B-2. The applicant previously applied for an Administrative Subdivision to split Lot 2 into two conforming lots to accommodate a CUPfPUD. The decision to approve or deny the rezoning of Lot 2 is viewed as a policy decision to be made by the City Council. Consideration for rezoning property should be based upon general land use factors related to the Comprehensive Plan, compatibility with the area, traffic, and public service provision as follows: • Relationship to the specific policies and provisions of the Comprehensive Plan. • The proposed land use is or will be compatible with present and future land uses of the area. a The proposed land use can be accommodated with existing public services and will not overburden the City's service capacity. • Traffic generation by the proposed use is within capability of streets serving the property. Following is a review of the above -referenced factors: Comorehensive Plan. The Comprehensive Plan proposed Land Use Map guides this site for commercial use. Rezoning the site to B-2 is therefore consistent with future land use guidance set forth in the Comprehensive Plan. Compatibility The site is located within the commercial development known as "Albertville Crossings"''and is compatible with surrounding land uses. Lots adjacent to the site to the south and east (across LaCentre Avenue) are zoned B-2. The lot directly to the north of the site is zoned B-3 and is slated for development of the Spectators Sports Cafe. The site will share access and parking with the Spectators Sport Cafe site. The site development proposal has previously been reviewed in conjunction with development of the Spectators Sports Cafe. Rezoning of this site will accommodate consistent development within Albertville Crossings. Zonin-a Rezoning can be supported because the proposed development of the site meets the lot size and building setback standards of the B-2 District as follows: Standard Required Standard (13-2) proposed Status Lot size 10,000 sq. ft. 27,832.88 sq. ft. Compliant Front Yard Setback (West) 35 ft. 93 ft. Compliant Side Yard Setback (North) 10 ft. 44 ft. Compliant Side Yard Setback (South) 10 ft. 13 ft. Compliant Rear Yard Setback (East) 20 ft. >35 ft. Compliant Service Capacity. The change of zoning from B-3 to B-2 will not increase the site use of City services or generate additional traffic. RECOMMENDATION The decision to approve or deny the requested rezoning of Lot 2, Block 1 Albertville Crossing Second Addition from B-3 to B-2 is a policy decision to be made by the City Council. Rezoning of this site will accommodate consistent development within Albertville Crossings. The Comprehensive Plan proposed Land Use Map guides this site for commercial use. In addition, the lot size and setbacks comply with the current B-2 standards and the rezoning will not place any additional burden on the City infrastructure. ACTION REQUESTED 1. A motion to approve or deny the rezoning of Lot 2, Block 1 Albertville Crossing Second Addition from B-3 to B-2. cc: Pete Carlson, City Engineer Mike Couri, City Attorney Albertville Crossing Second Addition Rezoning of the south 148 feet of Lot 2, Block 1 Page 2 I I' • I --.------- --—--- -------------------------1---1_ . _ — �RlGftT COtTN3'Y :4'IGXAdY m RISfl1 OF' IR'dY PLAT NO. 30 —' �—'— — — � --74'3'.-A�• .'._>�J• ' � ��, _ Ate.— .— _.,�_,�e � � , -1�.--- • L--_---��<..,� All —' .$ ".-t 8g . t• file m t rG eg i:.zi = - g: g 33 Yg sash °'? r pZi si 3 S �3a �.e -- s ; ' y_'••� "" =5' US 9143 . ; Hu4'°3:.�F;.f��Z 33Ft a +F UA far c.� f; �'s s ai � I��ea �i3�• : ai a��=�'s3 � �a�'... � �! �- Fgazjaa �'. z 4till g;R.g'`^uvg., 8s3. aP- �ga.,gi'..r :�°g',g:-.'r% sashc4,s�6 a.�y.� Y .qv 3 2 Q 3 ,i'' 3�- X'.a'E L S- ¢3. d• 5 - r p- ti..G :3 4 va4 = 3§E ^T 115 1 fir E r�r, s € S 4� < a 9 08 9 Y<$ 999E A $dgxgs'' ` Ctl�` '-fag i<r • s- 3€ r' ` ';, ,� %, 3�'.t}r _P•.3 3. t ,y. 3 a a a t S Y $3.P1 Ur a•' 3v 5%- o . �...: g r .. Fe3 _ JW: S. .'ds a8 a 8 : §o a s p4 .n .w. G•�'45�•�p� �I:t I.I. d'- a3:- a. i AiJtTYy;{,E&Y6.17tiAIL pp�Ppp oast mrncar a -�"T-a!•lf.T.wd�t�. ►!G ->�tly�lro4 a.�� • G1C � ' r�.0•lL ._� � .. ': :ptllap� - AL ETA a+•.p. wo n•vt q ynR .�d ry i.... - POPG ASSOCWTo a� yv�Idjt" m - A16IR7Vf1E QMMMM 2 D MDl = 'A"w�:. r'r."•�'+'. -+� �L•tt�- . . AITA/AtS11 LAIY TIiL£ 9RVEY • v+m , _ V t� Lot Split For." Lot 2, Block 1, ALBER?y1 a C-TOSSING SECOND AMMON 1 � Job -# 7-M.40 Back/Page: Scale: F "�0 Date: 22/13/02 i Q 124.69 / Ir ' I N89°55'52"W 193.80 I 8O i f• . � I � � <Y• , aT w �=86.21 ltl ,A;16`27'56" Q, !, =300.001 _ � I a I PARCEL / Lot Split For." Lot 2, Block 1, ALBER?y1 a C-TOSSING SECOND AMMON 1 � Job -# 7-M.40 Back/Page: Scale: F "�0 Date: 22/13/02 i Q 124.69 / Ir ' I N89°55'52"W 193.80 I 8O i f• . � I � � <Y• , aT w �=86.21 ltl ,A;16`27'56" Q, !, =300.001 _ � I a I PARCEL / -� --- I LI5 acres eo I w I l 1 2 ! l N89055'52"W i `�v' Im as 6.56 _Q� I rj L LU Cl! j N89°55'52"W 188.06 o r<i i Z BO of PARCEL 2 o Io coI 0.64 acres. c o i z i 1 1 118.I3 I i 1 1 y 1 80 N89e55'52- 188.06 t Existing Legal Description: -• Lot 2. Block 1, ALBERTVILLE CROSSING SECOND ADDITION, Wright County, Minnesota. Proposed Legal Descriptions: { Parcel is o Denotes 1/2 Inch x 14 Inch Iron That part of Lot 2, Block I, ALBERTVILLE CROSSING SECOND ADDITION, Pipe Set With A Plcstic Cap Wright Marked R.L.S. Number 21729 County, Minnesota, lying North of the South 148.00 feet of said Lot 2. Denotes Iron Monument Found Parcel 2: The South 148.00 feet of Lot 2, Block 1, ALBERTVILLE CROSSING .SECOND ADDITION, Wright County Minnesota. DATE: 12/13/02 N: 1 hereby certify that this survey, .lobo C)I%4�er Assccf8tes, Lf� D DRAWN BY: SMK plan, or report was prepared by me or under my direct supervision and 0,,. ma a„.,W„a Lmd 3,—V'„w Z-" P--*w CHECKED BY: RMB that I am a duly Licensed Land 580 Dodpa.Aveaua REVISIONS: Surveyor under the laws of the state of Minnesota Z& JUvor, Nimm ota 65330 �es—f—ta�z r� ass-4�f-3ee6 Offloaa im 4U Dlven Durnetittla and -Brooklyn Canter, 3ffsauaots Signature: - - ' Date: 12/13/02 Reg. No. 21729 DRAWING FILE: V 77F)11M+Qn1Pr elwn FILE NO. 77n1 an CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003 / AN ORDINANCE AMENDING THE ZONING MAP OF A CERTAIN PROPERTY WITHIN THE CITY OF ALBERTVILLE FROM B-3, HIGHWAY COMMERCIAL DISTRICT TO B-2, LIMITED BUSINESS DISTRICT THE CITY COUNCIL OF THE CITY OF ALBERTVILLE MINNESOTA ORDAINS: SECTION 1. THE ZONING MAP IS HEREBY AMENDED AS FOLLOWS: v The zoning designation of the south 148 feet of Lot 2, Block 1 Albertville Crossing Second Addition shall be B-2, Limited Business District. SECTION 2. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECT IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this day of CITY OF ALBERTVILLE Don Peterson, Mayor ATTEST: Linda Goeb, City Administrator 2003. flu V-11 't� I( ' um I II I s s04 ILI il MIN _SQaco I (M AYAN-'JIH) i3N -:3Ad XnV=-G -1 f f NORTHWEST ASSOCIATED CONSUL 5775 Wayzata Boulevard, Suite 555, St. Louis Park, Telephone: 952.595.9636 Facsimile: 952.595.9837 p€anners@nacplanning.corn MEMORANDUM TO: Linda Goeb FROM: Alan Brixius DATE: February 19, 2003 RE: Albertville — B-2 District Text Amendment: Restaurants FILE NO: 163.05 — 03.02 At the February 11, 2003 Planning Commission meeting, the Planning Commission reviewed an ordinance change that would allow restaurants within the B-2 Zoning District. Through their discussions, the Planning Commission recommended that the restaurant use may be permitted within the district by conditional use permit. The attached ordinance reflects the comments and suggestions of the Planning Commission. The ordinance is offered for City Council review and consideration on March 3, 2003. Past memos of January 31 St and January 27th provide background information pertaining the introduction of this use within the B-2 District. . pc: Mike Couri CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003-_ %fo � AN ORDINANCE AMENDING THE ALBERTVILLE ZONING ORDINANCE, SECTION 4300.4, CONDITIONAL USES WITHIN THE B-2 LIMITED BUSINESS DISTRICT. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE MINNESOTA ORDAINS: SECTION 1. SECTION 4300.4 IS HEREBY AMENDED AS FOLLOWS: 4300.4. Conditional Uses. The following are conditional uses in a "B-2" District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 400 of this Chapter.) (b) Restaurants without drive -through facilities, provided that: (1) The site abuts a collector or minor arterial street or is included within a shopping center planned unit development. (2) A buffer yard of twenty (20) feet in width shall be provided at the boundaries abutting an "R" District in compliance with Section 1000., of this Chapter. (3) The operation shall be responsible for litter control on the site, which is to occur on a daily basis. Trash receptacles shall be screened. (4) Outdoor dining facilities shall not exceed twenty percent (20%) of the interior gross floor area of the use. Outdoor storage of outdoor furniture shall not be permitted during the off-season. (5) The site is in compliance with all relevant provisions of this Chapter. SECTION 2. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECT IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. ATTEST: 0 Linda Goeb, City Administrator a CITY OF ALBERTVILLE Don Peterson, Mayor • ' NORTHWEST ASSOCIATED CONSULT: 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9838 Facsimile: 952.695.9837 planners@naspianning.com MEMORANDUM TO: Linda Goeb Pete Carlson FROM: Alan Brixius DATE: February 19, 2003 RE: Albertville — B-2A Zoning Map Amendments FILE NO: 163.05 — 03.02 At the February 11, 2003 Planning Commission meeting, they recommended the Council amend the Albertville zoning map to change the zoning on the Northwest Commercial Industrial Park from I and B-3 to B-2A, Special Business District. Additionally, two sites south of 1-94 were also included. Site 1 is located immediately south of the West Wind planned unit development. This is the last remaining B-3 site west of County Road 19. The legal description, as illustrated, should be checked for accuracy to insure that it properly describes the intended rezoning area. The third parcel includes Barthel Commercial Industrial Park.1 St and 2"d Addition. We do not have copies of the 2"d Addition plat so we need to confirm the legal descriptions for these properties. The Planning Commission recommended that the land immediately south of the ice arena remain in a B-3 zoning classification as a means of allowing the ice arena to expand outside the B-2A special performance standards. Again, would you please confirm the accuracy of the legal descriptions included in the B-2A zoning map amendment. I have attached a map illustrating the locations of the proposed rezoning areas. If the legal descriptions are good, this will .go to the March 3rd City Council meeting. CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003- 6 AN ORDINANCE AMENDING THE ZONING MAP OF A CERTAIN PROPERTY WITHIN THE CITY OF ALBERTVILLE FROM B-3, HIGHWAY COMMERCIAL DISTRICT AND 1-1, LIGHT INDUSTRIAL DISTRICT TO B-2A, SPECIAL BUSINESS DISTRICT THE CITY COUNCIL OF THE CITY OF ALBERTVILLE MINNESOTA ORDAINS: SECTION 1. THE ZONING MAP IS HEREBY AMENDED AS FOLLOWS: Parcel 1. The entire plat of the Northwest Commercial Park shall be zoned B-2A, Special Business District. Parcel 2. [That] part of the [NE Y4 of Section 2, Township 120, Range 24] lying south and east of the following described line: Commencing at the NE corner of the NE'!a of Section 2, Township 120, Range 24, then south [1007' 12"] West along the east line of the NE 'la of Section 2, Township 120, Range 24 169 feet to the point of beginning, then South 890 50' 26" West 394 feet to the south line of the North 35 acres and there terminating, except [tact][??] described as DOC 609666100021104. Parcel 3. All of Barthel Commercial Park First Addition and Barthel Commercial Park Second Addition except Lot 1, Block 1 and the east 400 feet of Lot 2, Block 1 Barthel Commercial Park Second Addition. SECTION 2. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECT IMMEDIATELY FOLLOWING ITS MASSAGE AND PUBLICATION. Approved by the Albertville City Council this day of CITY OF ALBERTVILLE Don Peterson, Mayor ATTEST: By Linda Goeb, City Administrator 2003. m rn ctl o U L N U � o N N O a` m M ,r I 0212TiO3 16:46 FAX 320 220 4301 x a S r i � A 9E H February 25, 2003 SEH + AUERTVIL` IW t NWF Once Nail Sub 3fl0, P.O. &X 4M 8t ftffl, hero 5W-04W 298.9 , ard%ttiddtrrt O7tjtRdtT(� • dnvfTBgmtatal RE: Albertville, Minnesota DataView Pluefiriplemcntation SEN No. P-ALBEV 0315.00 1 Mayor John A. Olson and Council Parsons c/o Linda Gioeb, City Adminutrator City of Albertville 5975 Main Avenue North PO Bon 9 Albertville, MN 55301-0009 Dear Mayon and Council: Short Elliott Hendrickson be.* (SEH) is pleased to submit this proposal to provide Dataview Pius'" Implementation and Training and Support to City staff. NOW ftopra We understand the City's desire to have better access to parcel, zoning and utility data. Therefore, it is our suggestion the City consider the following Scope of Services to incorporate City data into DataView Plus-. 1. Incorporate tax parcel shape files from the County. These files are updated by Wright County Surveyor's Office. 2. Incorporate existing Sanitary, stern, and water ArcView- shape files and attributes. 3. Incorporated existing land use into DataView Plasm. 4. Incorporate subdivision data layer. 5. Incorporate zoning map. b. Add wetland data layer. 7. Add Aerialphotography- S. DataView Plus'". Delivadinstall the above data sets in D=View Plus', an easy to use product that SEH has developed using industry standard technologies. 9. Training. provide two-hour DataView Plus' training course. 10. 'Technical Support. Provided on an hourly basis at $75 per hour. Estimated a hours annually. Benefits The project deliv6mbies will have the following benefits: 1. DataView Plus'" will be loaded into the City's data server to give access to all staff computers within City Hall. 2. Mailing labels can be prepared with a 300-foot buffer for rezoning notices, or other public notices, in less than 5 minutes. This is a significant time saver and also adds accuracy to the process. 3. Staff will have madyaccess to utility locations. 4. DataView Plus"` willadd attribute editing functionality, allowing staff the ability to easily update information within the system. 5. DataView will contain folds for year built, material. size, and inverts, top of casting, as -built number. These fields can be pOPUIOW by City staff or an intern as the City has the manpower or fonds available. G. SEH recommends updates to the utilities on an annual basis, unless other City needs determine the data be updated more often than once a year_ 7. SEH can place additional layers of information into DataView as the need arises or the Worrnation becomes available to the City at an hourly rate. Short NOR Hendridmon tnc. Your Maw Reswrce EgwI Opportunity Emph;Wr 02/27/03 18:47 FAa 320 220 4301 SEE -► ALBERTVI LLE iai 002 Mayan Jahn A. Olson February 25, 2003 Page 2 Undws#andlr SEH un the City would like to have SEH update the new plats into the parcel information, as they become available from developers. We can approach these projects on an as needed basis at our support rate. By apdatiag the platted information, the City can then edit addresses, owner names, and additional information until the now County tax information becomes available. We propose to update the County data ftW either send-tuctally or quantity, depending on client needs. Costs to update the data are based on the Comity data charges and Approximately $250 SF.H time per update. Cat The cost to provide our services for Tasks 1-9 outlined in our Project Scope is $2,500.00. This cost is an estimate on an howly contra6L Schedule We estimate that Tasks 1-9 can be completed in four to five weeks. N this letter satisfactorily :sets forth your understanding of our agreement, please sign and return one copy in the space provided below. If you have any questions, please do not hesitate to contact us at 1,800,325.2055. Sincerely, SHORT ELL. 07TT i ENDRICCMN INC. 8J M�4 a Biue J. n C1:1S Operations Manager City Engineer swdjg c: Lorna Mathison, SEH Accepted on tlds —.,_ day of . 2W3 City of AlMerhMe, Minnesota By: 'lYde: r 01:_Lle,rbinlnegy Minnegasco February 19, 2003 Ms. Linda Goeb Administrator City of Albertville 5975 Main Ave. NE P.O. Box 9 Albertville, MN 55301-0009 Dear Linda: 800 LaSalle Avenue PO Box 59038 Minneapolis, MN 55459-0038 I am writing to request the City of Albertville consider an early renewal of CenterPoint Energy Minnegasco's gas franchise. The current gas franchise we have with the City will expire in April of 2004. Due to the large number of franchises we have expiring in the next few years we are trying to get ahead of the expiration dates and renew many of them earlier. The gas franchise model CenterPoint Energy Minnegasco is proposing is the current League of Minnesota Cities Model. We have found that it makes the franchise process much easier for the City and CenterPoint Energy Minnegasco. Linda, I look forward to the renewal of CenterPoint Energy Minnegasco's gas franchise and hope that Council will be willing to grant our request for an early renewal. At CenterPoint Energy Minnegasco we continually work to improve our system reliability and safety while making sure we have the capacity to serve Albertville's growth now and for the future. Thank you in advance for your help. Sincerely, C(,A�� Arne Hendrickson Local Government Relations CenterPoint. Energy Minnegasco SERVING THE NATURAL GAS NEEDS of Albertville since 1965 800 LaSalle Avenue PO Box 59038 Minneapolis, MN 55459-0038 Please visit our web site at minnegasco.CenterPointEnergy.com for more information. Established Service and nation. For example, we did a two-year CenterPoint Energy Minnegasco (formerly Reliant comparison using Xcel's and Aquila's residential Energy Minnegasco) serves over 1,733 residential rates, and their rates averaged five to eight percent and business customers in the City of Albertville with more than ours. In addition, their monthly the capacity to serve more. We have invested "Customer Charge" continues to be higher than our $1,701,698 in your community over the last 38 years $5.00 charge. to establish and grow our natural gas distribution system. This infrastructure comprises 170,705 feet of Emergency Response: We have over 400 natural gas main, plus 1,502 service lines and meters emergency and construction repair crews and service connecting individual customers. Since we began technicians trained to respond to system related serving your community in 1965, CenterPoint emergency situations in your community. Our service Energy Minnegasco has paid property and real estate technicians also keep their fully stocked company taxes to the City. In 2002, we paid $36,892 of total vehicles at their homes. This policy allows for the taxes on our gas distribution system in Albertville. As quickest response time to any emergency. We are important as these investments are, we are committed committed to rapid and efficient emergency response to providing our customers with the high quality and to working cooperatively with local public safety service they have come to expect and receive from us. officials. This commitment was recently recognized with an award from J.D. Power and Associates, in which we tied for first place in the Midwest region for residential customer satisfaction among natural gas utilities. Active Corporate Citizenship For more than 130 years, CenterPoint Energy Minnegasco has played an active role in making Minnesota communities' better places to live and work. We support the communities through our chamber of commerce memberships and sponsored events. We also support non-profit organizations that benefit from our expertise, employee volunteer programs and financial support. Our training staff also provides free safety training to local fire departments and emergency personnel upon request. Proven Service Advantazes Price (see enclosed Fact Sheet): Wholesale natural gas prices change monthly, but our rates are consi4tewly some of the ljowgg in the region Reliability & Commitment: Our new name reminds us of our commitment to putting the needs of our customers and communities at the "center" of everything we do. Our extensive service and distribution system in your community enables us to provide safe, reliable gas service; and we maintain that infrastructure with regular inspection and maintenance activities that meet or exceed mandated standards. Last year we performed gas leak surveys on 40.10 miles of gas mains and services in Albertville, using the latest infrared equipment. Products & Services: The company offers products and services through its Home Service Plus business including heating, cooling and appliance repair and maintenance plans; locally monitored home security systems; sales of heating and air conditioning equipment; and other home comfort products such as gas fireplaces. CenterPoint Energy Minnegasco also offers energy conservation programs including energy audits, rebate programs, and system design assistance for businesses. 02002 CenterPoint Energy CO-9166 � `MI ■ Y,ni ru Energy Minnegasco 800 LaSalle Avenue PO Box 59038 Minneapolis, MN 55459-0038 2002 RESIDENTIAL GAS RATE COMPARISON CenterPoint Avg. Cust Energy Xcel Month Usage Minnegasco Energy Aquila Therms Rate Bill Rate Bill Rate Bill Jan.02 205 $0.53837 $115.37 $0.57870 $125.13 $0.53991 $117.48 Feb. 162 $0.50350 $86.57 $0.53184 $92.66 $0.59373 $102.98 Mar. 134 $0.52997 $76.02 $0.56422 $82.11 $0.49765 $73.49 Apr. 78 $0.61487 $52.96 $0.60260 $53.50 $0.53536 $48.56 May 41 $0.56038 $27.98 $0.59400 $30.85 $0.51827 $28.05 Jun. 26 $0.53719 $18.97 $0.57145 $21_36 $0.51208 $20.11 Jul. 23 $0.53719 $17.36 $0.56298 $19.45 $0.50700 $18.46 Aug. 23 $0.51228 $16.78 $0.53539 $18.81 $0.47727 $17.78 Sep. 29 $0.55038 $20.96 $0.53981 $22.15 $0.50127 $21.34 Oct. 65 $0.57957 $42.67 $0.60348 $45.73 $0.53313 $41.45 Nov. 125 $0.65796 $87.25 $0.70802 $95.00 $0.61469 $83.64 Dec. 1179 $0.64162 $119.85 $0.69987 $131.78 $0.61044 1116.07 Total 1090 $682.72 $738.53 $689.41 Average Rate $0.626 $0.678 $0.632 Monthly Basic Chg $5.00 $6.50 $6.80 Note: Aquila's rates are interim rates and subject to refund Lmc .league of Minnesota Cities Cities prOmoting excel once Model Gas and Electric Franchise Ordinance Cooperative between Suburban Rate Authority and the League of Minnesota Cities Revised 10/1/00 JMS-187084v 1 SU160-46 1 BACKGROUND The following model franchise ordinances are the result of a cooperative effort between James Strommen of the Kennedy & Graven Law Firm, attorney for the Suburban Rate Authority ("SRX), and Thomas Grundhoefer, General Counsel of the League of Minnesota Cities. The ordinances modify previous models published in March 1996. The SRA is a joint powers organization consisting of 36 Twin City suburban municipalities. The SRA has actively intervened in electric, gas and telecommunications matters before the Minnesota Public Utilities Commission (MPUC). Prior to the Commission's creation in 1974, the SRA acted as a regulatory body governing gas and electric utilities on behalf of member municipalities. The purpose of the two franchise ordinances is to provide uniform provisions that incorporate the broad municipal statutory franchise rights that exist under Minnesota Statutes Chapters 21.6B and 300. The franchises also incorporate many of the MPUC's right-of-way management rules adopted in April 1999. (To take full advantage of the rules and to fully implement the right-of- way management authority granted to cities by Minnesota Statute Sections 237.161 - .163, a city should consider adopting a comprehensive right-of-way management ordinance by exercising its option under Section 237.163 subd. 2(b).) In Minnesota, franchises are negotiated and take the form of a contract set forth in an ordinance. Yet cities have the right to require franchises and to include certain terms, e, g., franchise fees. There is no case law guidance on what specific franchise terms may be required by the city. Accordingly, a franchise can incorporate all reasonable terms within the limits of a city's statutory franchise and police power authority. These rights are extensive and can be found in Minnesota Statutes, Sections 216B.36, 300.03, 222.37, 237.162 and 236.163 and in case law. NOTES The city's legal right to include a particular franchise provision and the practical realities facing a city when the utility refuses to agree, are two quite different matters however. For example, though a city may have the right to insist on a franchise fee, potentially as high as 8% of the utility's gross revenues, it is unlikely that the utility would readily agree to such a percentage even though the utility passes the fee through to its customers within the city. Utilities are very concerned in today's increasingly deregulated environment that franchise fees will harm their competitive position relative to perceived competitors. This fee pass -through also becomes an issue to the residential and business customers who truly pay it. Thus, cities must be careful to gauge the level of local acceptance or resistance to the exercise of their full franchise rights under the law. As a result of the realities of the franchise negotiation and community acceptance process, a "take it or leave it" franchise ordinance that includes the imposition of franchise fees and strict right-of-way management provisions may be difficult to enact without compromise. These models are based on actual ordinances that have been reviewed by gas and electric companies. Because these models are more city -oriented than many currently existing JMS-187084v 1 SU16046 2 franchises, and because of increasing competition between and among energy providers, utilities have objected to many of the provisions contained in these models. As a result, there is likely to be vigorous negotiation on at least the following provisions: 1) franchise fees; in form, amount and class of service/large customer distinctions; 2) fee obligation on competitors; 3) rights regarding city -requested location and relocation of facilities; and 4) the scope of the utility's indemnity of the city. It should be noted that many of the revisions to the March, 1996 Model were made in order to incorporate MPUC's right-of-way rules on such matters as street restoration, relocation for utilities, construction performance bonds, mapping information, street vacation, removal of abandoned facilities, and indemnification. The MPUC right-of-way rules were largely a product of negotiations between local government units and members of the utility including a number of gas and electric providers. Each city must evaluate the importance of the provisions contained in these models as such provisions may affect the city's particular needs. One franchise cannot fit all because of the many variations of city -utility relationships, including factors such as: urban, suburban or rural settings; developing v. redeveloping cities; single v. multiple utilities serving the city; residential - commercial customer mix; larger employer v. diversified economic base; the presence of a municipal utility or contemplated utility; and revenue needs of the city. The authors should be contact if there are any questions about a clause or section. You can call Tom Grundhoefer at (651) 281-1266 or James Strommen at (612) 337-9233. JMS-187084v1 SU160-46 3 ' Model Ordinance LMC/SRA Gas Franchise Ordinance ORDINANCE NO. _JgW • CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA AN ORDINANCE GRANTING CENTERPOINT ENERGY MINNESGASCO, A NATURAL GAS UTILITY, A DIVISION OF CENTERPOINT ENERGY RESOURCES CORPORATION, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF ALBERTVILLE, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Albertville, County of Wright, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Minnegasco, a Division of CenterPoint Energy Resources Corporation, its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this franchise. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing gas energy for public or private use. JMS-187084v l su160-46 4 Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to Reliant Energy Minnegasco, V.P. Regulatory and Supply Service, 800 LaSalle Avenue, Minneapolis, MN 55402. Notice to the City shall be mailed to City Administrator, City of Albertville, 5975 Main Avenue NE, P.O. Box 9, Albertville, MN 55301- 0009. Any party may change its respective address for the purpose of this Ordinance by written notice to the other parties. Public Way. Any street, alley or other public right-of-way within the City. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell gas for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the City pursuant to ordinance or permit requirements and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this Ordinance, or otherwise informs the City, at any time, that the Company does not accept this franchise, the City Council by resolution may revoke this franchise or seek its enforcement in a court of competent jurisdiction. 2.3. Service and Gas Rates. The service to be provided and the rates to be charged by Company for gas service in City are subject to the jurisdiction of the Commission. 2.4. Publication Expense. Company shall pay the expense of publication of this Ordinance. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first JMS-187084vl SU160-46 5 meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the 20-year term set forth in Section 2.1. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of Gas Facilities shall be subject to other reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise. 3.2. Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar notice to the City before commencement of the emergency repair, if reasonably possible. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way, the Company shall restore the Public Way in accordance with Minnesota Rules, part 7819.1100 and applicable City ordinances consistent with law. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.3. The Company shall also post a construction performance bond consistent with the provisions of Minnesota Rules parts 7819.3000 and 7819.0100, subpart 6. JMS-187084v1 SU160-46 6 � x E 3.4. Avoid Damne to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Facilities by persons, property, or the elements. The Company must take protective measures when the City performs work near the Gas Facilities, if given reasonable notice by the City of such work prior to its commencement. 3.5. Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one -Public Way is involved, the order in which the work is to proceed. The notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. 3.6 Mapping Information. The Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000 and 7819.4100. SECTION 4. RELOCATIONS. 4.1. Relocation in Public Ways. The Company shall comply with Minnesota Rules, part 7819.3100 and applicable City ordinances consistent with law. 4.2. Relocation in Public Grounds. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. Relocation shall comply with applicable city ordinances consistent with law. 4.3. Proiects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46. SECTION 5. INDEMNIFICATION. 5.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or JMS-187084v1 SU16046 7 , alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 5.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, 7819.3200 and applicable ordinances consistent with law. SECTION 7. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE. 8.1. Form. During the term of the franchise hereby granted, and in addition to permit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The fee may be (i) a percentage of gross revenues received by the Company for its operations within the City, or (ii) a flat fee per customer based on metered service to retail customers within the City or on some other similar basis, or (iii) a fee based on units of energy delivered to any class of retail customers within the corporate limits of the City. The method of imposing the franchise fee, the percentage of revenue rate, or the flat rate based on metered service may differ for each customer class or combine the methods described in (i) — (iii) above in assessing the fee. The City shall seek to use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company shall provide a formula that will produce a substantially similar fee amount to the City and reimburse the City's reasonable fees and costs in reviewing and implementing the formula. The City will attempt to accommodate the Company but is under no franchise obligation to adopt the Company -proposed franchise fee formula and each review will not delay the implementation of the City -imposed fee. JMS-187084v1 SU160-46 8 8.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least thirty (30) days after written notice enclosing such proposed ordinance has been served upon the Company. The fee shall become effective ten (10) days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. 8.3. Condition of Fee. The. separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of gas energy within the City by any other gas energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through a previously agreed upon franchise. 8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same notice requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 8.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. SECTION 9. ABANDONED FACILITIES. The Company shall comply with City ordinances, Minnesota Statutes, Section 216D.01 et sea. and Minnesota Rules Part 7819.3300, as they may be amended from time to time. The Company shall maintain records describing the exact location of all abandoned and retired Facilities within the City, produce such records at the City's request and comply with the location requirements of Section 216D.04 with respect to all Facilities, including abandoned and retired Facilities. SECTION 10. PROVISIONS OF ORDINANCE. 10.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. JMS-187084v1 SU160-46 9 Z Michael C. Couri- Andrew J. MacAdhur Robert T. Rum - David R. Wendorf Wm &'%w d in JUka s -.4W &Wusi in COO& September 5, 2002 Linda Goeb City of Albertville 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301 COURT & MACARTHUR Attorneys at Law 705 Central Avenue East PO Box 369 S. Michael, MN5537"369 (763) 497-1930 (763) 497-2599 (FAX) couriandmacathurQwbox. com Re: Road Vacation Request from Elaine Engstrom Dear Ms. Goeb: Pursuant to the Council's request, I have reviewed the procedure for vacating city roads. The process for formally vacating a road is contained in Minn. Stat. §412.851 and is more streamlined than the procedure I outlined with regard to township road vacations. The statute provides as follows: 1. The council may by resolution vacate any street, or any part thereof, on its own motion or•.on petition of a majority of the owners of land abutting on the street, or part thereof, to be vacated. 2. When there has been no petition, the resolution may be adopted only by a vote of four -fifths of all members of the council. 3. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. 4. In addition to the published and posted notice, the Council must also mail a notice of the time, place, and date of the hearing along with a copy of the petition or proposed resolution to each property owner affected by the proposed vacation at least ten days before the hearing. 5. After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof and a description of the real estate and lands affected thereby. The notice shall be f 4 Linda Goeb City of Albertville September 5, 2002 Page 2 presented to the county auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record." The notice shall then be filed with the county recorder. A failure to file the notice does not invalidate the vacation proceedings. Assuming that the Council would wish to proceed under its own motion to vacate, this office could prepare the necessary paperwork. I estimate that the attorney's fees would be approximately $200 to $250 in addition to the costs of obtaining a legal description, publishing the notice and recording fees. Sincerely, Robert Ruppe Couri & MacArthur Cc: Elaine Engstrom G�wR.rvW�la�r�scit�uhaoMirebo