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2003-03-17 CC PacketALBERTVILLE CITY COUNCIL AGENDA March 17, 2003 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) March 3, 2003, City Council Meeting 3. CITIZEN FORUM - (io Minute Limit) 4. (a) Approve payment of claims (b) Resolution #2003-6 (A Resolution Acknowledging Resignation of Councilmember John Vetsch and Declaring a Vacancy) 5. DEPARTMENT BUSINESS a. Fire Department • None � Tkml A '�a b. • Wastewater Report c. (1) To. Lakes PUD Phase II — (items found in March 3, 2003 Agenda Packet) • Rezoning from R-IA 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 (2) Towne Lake EAW 3epo, d. Cost Estimates for County Road 1 Improvements C. l 54,,; (1) Natural Gas Franchise City Council Agenda March 17, 2003 Page 2 of 2 Jerry Hertel, H.J. Development L.L.P. — SAC/WAC Charges for Spectators (2) Wright County Horticultural Society — Gift offer (3) Update on referendum for increasing number of liquor licenses 6. ADJOURNMENT ALBERTVI LLE CITY COUNCIL March 3, 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, and City Administrator Linda Goeb Mayor Peterson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add closed Session • Move Item 6d(2) Public Works Building to Item 6b(3) • Pull Check #'s 17638 & 17645 • Add item 6(f)6 — LGA cuts • Add Item 6(f) 7 — Procedure for increasing number of liquor licenses • Add Item 6(f) 8 - Complaint about vehicles Sweeney made a motion to approve the agenda as amended. Fay seconded the motion. All voted aye. Sweeney made a motion to approve the minutes of the February 17, 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. No one addressed the Council. Sweeney made a motion to approve the Consent Agenda as follows: • Approve payment of claims, except Check #'s 17638 & 17645 • Approve transfer of On -Sale and Sunday liquor licenses from Divot's Bar & Grill Inc. to Cedar Creek Bar & Grill • Approve RESOLUTION NO.2003-5 A RESOLUTION CHANGING STREET NAME Fay seconded the motion. All voted aye. Mayor Peterson opened the public hearing to consider using tax abatement as a means to fund improvements to County Road 19. Heidi Peper presented the Public Hearing Tax Abatement Policy draft. The draft policy describes how tax abatement dollars will be used by the City. The current proposal uses tax abatement to partially finance improvements to CSAH 19. A portion of the tax dollars generated by new developments that will be coming on the tax rolls in 2004 (up to a maximum of $100,000 annually for fifteen years) can be used for debt service on the improvement bond. Wright County will participate in the amount $50,000 per year for fifteen years to the debt service. Peper presented a draft of the resolution necessary for the City to proceed. However, due to time constraints, the resolution will be re -worked to pare the properties down to that closer to the $100,000 necessary. Albertville City Council Minutes March 3, 2003 Page 2 of 4 Mayor Peterson asked for comments from the public. There were no comments from public. City Engineer Carlson will have final engineer's estimate on the project costs by next meeting. Mayor Peterson closed the public hearing at 7:35 pm. The Council took no action on the Tax abatement policy recommendations which spells out the statutory limitations and allows the city to strengthen those limitations. The council may wish to change the policy or adopt as is. Fire Chief Kevin Roden presented a proposal from Futrell Fire, a consultant service who does plan reviews and sprinkler reviews for a fee. Chief Roden said most cities pass the costs of the review directly on the building permit. The Council directed Roden to attempt to get another quote for these services before proceeding. Vetsch made a motion to approve the Public Works/Parks Report as presented. Fay seconded the motion. All voted aye. The Albertville Jaycees have donated money for scoreboards for both fields at City Park. The City will need to provide power to the scoreboards. Discussion at park board meeting was to determine if the Council wants to bid out advertising space on the scoreboards. The Council concurred that raising funds by advertising is a good idea. John Middendorf, Water and Wastewater Department, updated the Council on what is going on at the wastewater plant. The sludge is being pumped into Pond 3. John has received a price to remove the sludge Fergus Power Pumps Inc. of $90,000. One option is to do nothing at this time, and wait until the new expansion is built and empty the sludge into the reed beds. Another option is the dispose of some sludge each year. John will continue to get another price. Sweeney made a motion to approve the WWTF Report as presented Berning seconded the motion. All voted aye. City Engineer Pete Carlson informed the Council that Wright County has determined they need seven stalls in the joint Public Works building. County Engineer Wayne Fingalson would like to have a discussion with the City regarding sharing of equipment, etc. Mayor Peterson will be willing to meet with staff and the County to discuss sharing opportunities. Kent Roessler and Ross Johnson, Cedar Creek Golf Course, asked the Council to consider allowing a sign for the Cedar Creek Golf Course to be reinstalled at the intersection of 50`h Street and CSAH 18. Roessler has signed a long-term lease with the property owner for the sign. He feels that the signage is essential to direct traffic to the course. Wright County has placed the brown directional signs along CSAH 19, but the developer does not believe that is enough. Theirs would be the only sign on the intersection of CSAH 18/19. City ordinances do not allow Albertville City Council Minutes March 3, 2003 Page 3 of 4 off -premise signs. The sign was not part of the golf course PUD agreement. Roessler feels that this situation is unique and would like a variance from the ordinance because signage is absolutely essential for viability of the golf course and the restaurant. City Attorney Couri stated that the City can not grant a variance for a use. The City would either have to allow billboards in residential zones to allow the sign. Roesseler's attorney will contact the city attorney to discuss potential options that may for allow the sign. Chelsea Properties Neil Parker presented the design of benches Chelsea proposes to use to replace the raised seatwalls.. The Council wants to see the site plan showing the placement of the benches. They were concerns about the decorative loss of the planters but Parker explained that the developer has decided to use the raised planters and seatwalls as originally designed. The benches will add more seating. Fay made a motion to accept the plans for benches and asked the developer to provide a revised site plan. Vetsch seconded the motion. Fay, Sweeney, Berning and Vetsch voted aye. Peterson voted no. The motion carried. City Planner Al Brixius presented the Towne Lakes PUD Phase II preliminary plat with the addition of a Shoreland CUP/PUD for the plat. The Council is still concerned about the street widths and the number of detached townhomes on the plat and asked the developer to consider eliminating some of the detached townhomes and replace them with smaller lot single family homes. No action was taken on the plat and it will be presented at the next Council meeting. HJ Development — rezone from B-3 to B-2 Vetsch made a motion to adopt ORDINANCE NO. 20034 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 rezoning a portion of the Albertville Crossings Second Addition plat from B-3 to B-2. Berning seconded the motion. All voted aye. Sweeney made a motion to adopt ORDINANCE NO. 2003-5 AN ORDINANCE AMENDING THE ALBERTVILLE ZONING ORDINANCE, SECTION 4300.4, CONDITIONAL USES WITHIN THE B-2 LIMITED BUSINESS DISTRICT allowing restaurant without drive-thrus as a Conditional Use Permit in a B-2 zoning district. Berning seconded the motion. All voted aye. Fay made a motion to adopt 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 TO B-2, Albertville City Council Minutes March 3, 2003 Page 4 of 4 LIMITED BUSINESS DISTRICT, rezoning properties in the City of Albertville to B-2A. Berning seconded the motion. All voted aye. City Engineer Carlson demonstrated the DataView Plus software available to the City at a cost of $2,500. The software allows the user to quickly get information on each property within the City and to upgrade the information quickly and easily. Sweeney made a motion to authorize the purchase of the software for $2,500. Berning seconded the motion. All voted aye. The Council tabled discussion on the Center Point Energy natural gas franchise until the next meeting. Elaine Engstrom has requested that the City vacate the easement for a street along her property. The Council asked to get information as to the cost for curbing and drainage corrections that may be necessary for both the 55t' & 56 h streets dead ends. Berning made a motion to proceed with a vacation hearing if the adjoining property owners agree to pay all associated costs. Fay seconded the motion. All voted aye. Mayor Peterson explained that the Joint Powers Water Board is requesting another sign on the opposite side of the water tower. The cost of the additional signage is $9,555. The City is being asked to pay one-half of that cost, or $4,777. Berning made a motion to deny the request at this time until the city knows exactly how the state's budget crises will affect Albertville. Vetsch seconded the motion. All voted aye. Sweeney reported he had received several complaints regarding junk cars in yards along 57t' Street. The City's building inspector will check the locations for violations from the city's ordinances. Berning made a motion to pay Check #s 17638 and 17645 as presented. Sweeney seconded the motion. All voted aye. The Council adjourned to a closed session regarding a letter the City has received related to personnel issues. aye. Mayor Peterson reconvened the public meeting. Sweeney made a motion to adjourn at 11:25 PM. Fay seconded the motion. All voted Don Peterson, Mayor Linda Goeb, City Administrator CITY OF ALBERTVILLE *Check Detail Register© Q,. March 2003 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 017688 3/17/2003 AMERICAN LEAK DETECTION E 602-49400-407 R/M - Water Mains $400.00 3781 Water Leak -Repair on 57th St Total AMERICAN LEAK DETECTION $400.00 Paid Chk# 017689 3/17/2003 ARAMARK UNIFORM SERVICES E 101-45100-417 Uniform Rentals $78.00 February 2003 Uniform Seer - Parks Dept E 601-49450-417 Uniform Rentals $78.01 February 2003 Uniform Sery - Sewage Dept. E 101-43100-417 Uniform Rentals $78.01 February 2003 Uniform Sery - PW Dept. E 602-49400-417 Uniform Rentals $78.01 February 2003 Uniform Sery - Water Dept Total ARAMARK UNIFORM SERVICES $312.03 k# 017690 3/17/2003 BANYON DATA SYSTEMS E 101-41400-570 Office Equip and Furnishings $1,059.68 00010005 Computer Module/Moden E 101-41400-208 Training and Instruction $70.00 Apr-Tmg Training -Seminar (BridgetITerr Total BANYON DATA SYSTEMS $1,129.68 Paid Chk# 017691 3/17/2003 BUDDE, REGINA E 101-41400-208 Training and Instruction $122.00 CPR 2002-200 Rink Attendants -CPR Tmg Total BUDDE, REGINA $122.00 Paid Chk# 017692 3/17/2003 CENTER POINT ENERGY E 101-43100-383 Gas Utilities E 101-42000-383 Gas Utilities E 601-49450-383 Gas Utilities E 101-42400-383 Gas Utilities E 101-45100-383 Gas Utilities E 101-41940-383 Gas Utilities Total CENTER POINT ENERGY $257.15 February 2003 Gas Utilities-PW Garage $786.18 February 2003 Gas Utilities -Fire Dept $793.76 February 2003 Gas Utilities -Sewage Plant $257.15 February 2003 GAs Utilities-Bldg.Dept. $241.34 February 2003 Gas Utilities -Park Shelter $183.01 February 2003 Gas Utilities -City Hall $2,518.59 Paid Chk# 017693 3/17/2003 CHOUINARD OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $21.28 52704 Name Plat-P & Z Total CHOUINARD OFFICE PRODUCTS $21.28 Paid Chk# 017694 3/17/2003 COMPUTER SERVICES & REPAIR E 101-41100-200 Office Supplies (GENERAL) $156.63 20399 Misc Computer Supplies Total COMPUTER SERVICES & REPAIR $156.63 Paid Chk# 017695 3/17/2003 CROW RIVER FARM EQUIPMENT E 101-45100-530 Improvements Other Than Bkigs $488.35 92905 Metal for Power Screen Total CROW RIVER FARM EQUIPMENT $488.35 Paid Chk# 017696 3/17/2003 DAVIES WATER EQUIPMENT CO. E 602-49400-250 Meters for Resale $2,235.42 3156372 Meters for Re -sale E 602-49400-250 Meters for Resale $108.11 3156769 Meters for Re -sale Total DAVIES WATER EQUIPMENT CO. $2,343.53 Paid Chk# 017 997 3/17/2003 DJ'S TOTAL HOME CARE CENTER E 101-42000-200 Office Supplies (GENERAL) $48.96 645329 Supplies E 101-43100-215 Shop Supplies $49.35 646646 Shop Supplies E 601-49450-210 Operating Supplies (GENERAL) $6.68 646748 Operating Supplies E 101-43100-215 Shop Supplies $58.68 646938 Shop Supplies E 101-43100-215 Shop Supplies $9.57 646975 Shop Supplies E 101-42000-200 Office Supplies (GENERAL) $17.98 647661 Fire Dept Supplies E 101-43100-215 Shop Supplies $3.20 649142 Shop Supplies E 601-49450-210 Operating Supplies (GENERAL) $14.24 649499 Operating Supplies E 101-43100-215 Shop Supplies $40.85 650693 Shop Supplies E 101-41910-200 Office Supplies (GENERAL) $17.34 651043 General Office Supplies E 101-42000-200 Office Supplies (GENERAL) $1.57 SCO22803 Fire Dept CITY OF ALBERTVILLE 03/14/0310:52 AM Page 2 *Check Detail Register© March 2003 Check Amt Invoice Comment Total DXS TOTAL HOME CARE CENTER $268.42 Pak! Chk# 017698 3/17/2003 DON'$ AUTO & REPAIR E 101-43100-404 Repair/Maint - Machinery/Equip $9.00 15459 Repair tire E 101-42400-212 Motor Fuels $44.39 15536 Bldg Dept - Gas Total DON'S AUTO & REPAIR $53.39 Paid Chk# 017699 3/17/2003 EGGEN'S DIRECT SERVICE, INC. E 602-49400-212 Motor Fuels E 101-43100-212 Motor Fuels E 101-43100-212 Motor Fuels E 101-45100-212 Motor Fuels E 101-45100-212 Motor Fuels E 101-45100-212 Motor Fuels Total EGGEN'S DIRECT SERVICE, INC. $39.00 77625 Fuel $41.05 77640 Fuel $21.29 77641 Fuel $36.74 77643 Fuel $40.22 77646 Fuel $36.00 77660 Fuel $214.30 Paid Chk# 017700 3/17/2003 FRONTLINE PLUS FIRE & RESCUE E 101-42000-587 C/O - Tools $83.20 8491 Wrenches E 101-42000-584 C/O - Tumout Gear $645.00 8491 Gloves - Med/Lg/XL E 101-42000-584 C/O - Tumout Gear $232.78 8497 Leming P84 Hoods Total FRONTLINE PLUS FIRE & RESCUE $960.98 Paid Chk# 017701 3/17/2003 GAULRAPP, CHRIS E 101-42000-405 Repair/Maint - Buildings $471.43 031103 Add heaters to Offices Total GAULRAPP, CHRIS $471.43 Paid Chk# 017702 3/17/2003 GOPHER STATE ONE -CALL E 601-49450-209 Locates $49.60 3020105 Locates - Sewer Dept Total GOPHER STATE ONE -CALL $49.60 E 602-49400-404 Repair/Maint - Machinery/Equip $236.45 7355 Repair Clamp for Cl/DI E 602-49400-404 Repair/Maint - Machinery/Equip $1,223.41 7360 Repair/Maintenance E 602-49400-404 Repair/Maint - Machinery/Equip $227.31 7364 Copper Flare Total HENRY & ASSOCIATES $1,687.17 Paid Chk# 017704 3/17/2003 KUNDRAT LAW OFFICE, P.A. E 101-41600-304 Legal Fees $396.00 11119 Employment -closed session Total KUNDRAT LAW OFFICE, P.A. $396.00 Paid Chk# 01 7705 3/17/2003 LANO EQUIPMENT %�� E 101-43100-404 Repair/Maint - Machinery/Equip9!35 55270 Repair/Maintenance Total LAND EQUIPMENT $139.35 Paid Chk# 017706 3/17l2003 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $116.00 129357 Testing Expense (CBOD-5) E 601-49450-218 Testing Expenses $116.00 129437 Testing Expense (CBOD-5) Total MIDWEST ANALYTICAL SERVICES $232.00 Paid Chk# 017707 3/17/2003 MILLER, BRIDGET E 101-41400-200 Office Supplies (GENERAL) $74.73 February 2003 Misc.Office Supplies Total MILLER, BRIDGET $74.73 / Paid Chk# 017708 3/17/2003 MINNESOTA DEPT. OF REVENUE V G 101-21702 State Withholding $53.02 031503 Finance Charge Total MINNESOTA DEPT. OF REVENUE $53.02 Paid Chk# 017709 3/17/2003 MONTICELLO, CITY OF E 101-42700-309 Animal Control Contract $232.00 7219 Animal Control Service CITY OF ALBERTVILLE 03/14/0310:52 AM Page 3 *Check Detail Register© March 2003 Check Amt Invoice Comment Total MONTICELLO, CITY OF $232.00 Paid Chk# 017710 3/17/2003 N. A. C. E 101-41910-306 Planning Fees $173.24 12475 Restaurant B-2A E 101-41910-306 Planning Fees $110.35 12475 B-2A Zoning E 101-41910-3W Planning Fees $100.00 12475 Commercial Zone E 101-41910-306 Planning Fees $17.00 12475 General Service E 462-49000-306 Planning Fees $1.44 12476 Especially for Children E 456-49000-306 Planning Fees $1,366.61 12476 Towne Lakes E 452-49WO-306 Planning Fees $408.00 12476 Outlet Mall E 450-49000-306 Planning Fees $160.00 12476 AV 6th Addition E 462-49000-306 Planning Fees $80.00 12476 AC Comm Bldg E 462-49000-306 Planning Fees $154.10 12476 Albertville Crossings E 463-49000-306 Planning Fees $1,318.85 12476 Darkenwald AUAR E 101-41910-306 Planning Fees $20.00 12476 Highlands Subdivision E 101-41910-306 Planning Fees $500.00 12477 General Service Total N. A. C. $4,409.59 Paid Chk# 017711 3/17/2003 NORTHERN TOOL & EQUIPMENT E 101-43100-404 Repair/Maint - Machinery/Equip $10.64 07671601 Trip Spring EW E 101-43100-404 Repair/Maint - Machinery/Equip $321.49 07825562 Repair/Mntc supplies Total NORTHERN TOOL & EQUIPMENT $332.13 Paid Chk# 017712 3/17/2003 PATS 66 E 101-43100-212 Motor Fuels E 101-45100-212 Motor Fuels E 101-43100-404 Repair/Maint - Machinery/Equip E 101-45100-212 Motor Fuels E 101-45100-212 Motor Fuels E 101-42400-212 Motor Fuels E 101-42400-212 Motor Fuels E 101-43100-212 Motor Fuels E 101-45100-212 Motor Fuels E 101-42400-212 Motor Fuels E 101-43100-212 Motor Fuels E 101-43100-212 Motor Fuels E 101-42000-212 Motor Fuels Total PATS 66 $33.60 86437 Fuel $25.41 86440 Fuel $43.00 86443 Repairs $25.37 86483 Fuel $24.68 86563 Fuel $5.00 86570 Fuel/car wash $5.00 87638 Car Wash $25.81 88223 Fuel $22.02 88227 Fuel $5.00 88297 Car Wash $27.58 88377 Fuel $28.32 88381 Fuel $67.30 February 2003 Fire Dept. Fuel $338.09 Paid hk# 017713 3/17/2003 PLAISTED COMPANIES E 101-43100-222 Sand & Gravel $191.63 29285 Ice Control Sand/Salt Total PLAISTED COMPANIES $191.63 Paid Chk# 017714 3/17/2003 S. E. H. E 460-49000-303 Engineering Fees $7,389.00 97671 Bid & Construction E 460-49000-303 Engineering Fees $6,462.25 97672 WWTP Expansion Total S. E. H. $13,851.25 Paid Chk# 017715 3/17/2003 SCHARBER & SONS E 101-43100-404 Repair/Maint - Machinery/Equip $17.56 286982 Repair/Mntc JD Tractor E 101-43100-404 Repair/Maint - Machinery/Equip $84.58 287336 Repair/Mntc JD Tractor E 101-43100-404 Repair/Maint - Machinery/Equip $85.44 287443 JD Tractor E 101-43100-404 Repair/Maint - Machinery/Equip ($79.09) CR287488 CREDIT MEMO Total SCHARBER & SONS $108.49 Paid Chk# 017716 3/17/2003 SPRINT- GA E 101-41940-321 Telephone $50.09 February 2003 Phone - City long distance ser Total SPRINT GA $50.09 CITY OF ALBERTVILLE 03114J03 10:52 AM Page 4 *Check Detail Register© k# 017717 3/17/2003 U. S. BANK E 354-47000-601 Debt Sry Bond Principal E 355-47000-601 Debt Sry Bond Principal E 356-47000-601 Debt Sry Bond Principal E 324-47000-601 Debt Sry Bond Principal E 325-47000-601 Debt Sry Bond Principal E 353-47000-601 Debt Sry Bond Principal Total U.S. BANK Paid Chk# 017718 3/17/2003 U. S. POSTMASTER March 2003 Check Amt Invoice G $1,400.00 1220238 $87.50 1223349 $250.00 1223374 $471.25 CTS00492182 $596.25 CTS00492183 $316.25 CTS00492184 $3,121.25 Bond - Opening Balance 1999 Se Bond - Opening Balance 1999A Bond - Opening Balance 2000A GO Imp Bonds 1993A MN Gen OB 1993C Tax Inc. Bonds 1996A E 602-49400-322 Postage $198.88 2nd Qtr Meter Postage - Turn -around Cana E 601-49450-322 Postage $196.88 2nd Qtr Meter Postage - Tum-around Cana Total U. S. POSTMASTER $393.76 Paid Chk# 017719 3/17/2003 VALERIUS, BILL E 101-42000-200 Office Supplies (GENERAL) $514.27 2064 Misc Office Supplies Total VALERIUS, BILL $514.27 Paid Chk# 017720 3/17/2003 WASTE MANAGEMENT E 101-41940-384 Refuse/Garbage Disposal $157.83 0511560-1593- Refuse Waste Hauler Total WASTE MANAGEMENT $157.83 Paid Chk# 017721 3/17/2003 WEBER OIL COMPANY E 101-43100-212 Motor Fuels $180.36 46395 Diesel Fuel Total WEBER OIL COMPANY $180.36 Paid ChW 017722 3/17/2003 WRIGHT COUNTY HIGHWAY DEPT. E 101-43100-221 Ice Removal $598.52 3706 Ice Removal Products Total WRIGHT COUNTY HIGHWAY DEPT. $598.52 Paid fffik# 017723 3/17/2003 WRIGHT COUNTY JOURNAL -PRESS E 101-41400-433 Dues and Subscriptions $31.00 2003 Subscrip. 2003 in Minnesota Subscription Total WRIGHT COUNTY JOURNAL -PRESS $31.00 Paid Chk# 017724 3/17/2003 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $2,849.00 February 2003 Recycling Contract Total WRIGHT RECYCLING $2,849.00 Paid Chk# 017725 3/17/2003 XCEL ENERGY E 601-49450-381 Electric Utilities $1,913.61 February 2003 Electric -Sewage Plant -Mac E 601-49450-381 Electric Utilities $17.76 February 2003 Electric -Kaiser - Lift Station E 601-49450-381 Electric Utilities $22.34 February 2003 Electric-Cty.Rd.18-Lift Statio E 601-49450-381 Electric Utilities $147.78 February 2003 Electric-60th St -Lift Station E 101-45100-381 Electric Utilities $25.00 February 2003 Electric-51st St-P.Shelter E 601-49450-381 Electric Utilities $59.49 February 2003 Electric-52nd St -Lift Station E 101-43160-381 Electric Utilities $3,821.90 February 2003 Electric -Street Lighting E 101-42000-381 Electric Utilities $230.73 February 2003 Electric -Fire Dept E 101-45100-381 Electric Utilities $209.24 February 2003 Electric-58th-Skating/Rink E 101-41940-381 Electric Utilities $207.29 February 2003 Electric -City Hall E 101-43100-381 Electric Utilities $70.44 February 2003 Electric-PW Garage E 101-43160-381 Electric Utilities $20.78 February 2003 Electric-CR 19 & 37 Traffic E 101-41940-381 Electric Utilities $20.22 February 2003 Electric-LaBeaux Park-n-Ride E 101-45100-381 Electric Utilities $12.44 February 2003 Electric -Main Ave -Parking Lot E 101-45100-381 Electric Utilities $7.40 February 2003 Electric-58th St-P.Shelter E 101.41940-381 Electric Utilities $3.77 February 2003 Electric0akside Siren E 101-41940-381 Electric Utilities $3.14 February 2003 Electric-CP-Siren E 101-42400-381 Electric Utilities $70.45 February 2003 Electric -Bldg Dept. Total XCEL ENERGY $6,863.78 CITY OF ALBERTVILLE 03/14/0310:52 AM j Page 5 *Check Detail Register@ March 2003 Check Amt Invoice Comment 10100 Premier Bank $46,315.52 Fund Summary 10100 Premier Bank 101 GENERAL FUND $17,577.28 3241993A GO REF/IMP $471.25 32519938 GO IMPROVEMENT $596.25 3531996A GO TIF BOND $316.25 3541999 LEASE/REVENUE $1,400.00 3551999A GO IMPROVEMENT $87.50 356 2000 G.O. SEWER REVENUE $250.00 450 ALBERT VILLAS $160.00 452 TRAFFIC LIGHT $408.00 456 TOWNE LAKES $1,366.61 460 2000 WWTF EXPANSION $13,851.25 462 COBURITS $235.54 463 NW COMMERCIAL PARK $1,318.85 601 SEWER FUND $3,532.15 602 WATER FUND $4,744.59 $46,315.52 1 • b, y i - - -- --=- - --- A S of-- M AR c11- -- G --- azo3 --� `!''� - --�E �yuNq_La _-�sfEN_f ��uRF 70. --------- - _� 1A)QRlt_ WETN C�+Y -STAFF AND----FEkLow fOCvycxe-.44 �C _ CITY OF ALBERTVILLE RESOLUTION # 2003-6 A RESOLUTION ACKNOWLEDGING RESIGNATION OF COUNCILMEMBER JOHN VETSCH AND DECLARING A VACANCY WHEREAS, the City Council of the City of Albertville has received and accepted the resignation of Councilmember John Vetsch, effective March 6, 2003; and WHEREAS, the City Council is declaring that a vacancy exists in the office of Councilmember. NOW, THEREFORE, BE IT RESOLVED that the City of Albertville, Wright County, Minnesota, hereby adopts this resolution with an effective date of March 6, 2003. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 17th DAY OF MARCH, 2003. Donald Peterson, Mayor ATTEST: Bridget Miller, City Clerk CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: John Middendorf, Wastewater Department DATE: March 15, 2003 SUBJECT: Wastewater Treatment Facility Report I am continuing to work with two contractors: Fergus Power Pump and Synagro, on getting prices /quotes for sludge removal. I am waiting for a price from Synagro. They should have a price to me by Monday, March 17t . Fergus Power Pump's price is as follows: Maximum $2,500 for finding land and permitting plus the cost of lab testing. 2.5 million gallons at $90,000 would be 3.60 per gallon. There is a line item in the budget for Sludge Removal but no funds allocated for the removal. I will be attending the Monday, March 17'' meeting. JM:bmm I. Creating NeoWoA dhkrit March 13, 2003 Via Facsimile Mr. Mike Darrow Northwest Associated Consultants 5775 Wayzata Blvd., Suite 555 St. Louis Park, MN 55416 Re: Conditions of Approval/Facts of Findings —Albertville-Towne Lakes PUD Phase ll Dear Mike Per your request we have prepared language below to incorporate into the Facts of Findings for Towne Lakes -Phase II, Preliminary Plat approval that addresses the city's concerns regarding architectural design of the single family and detached town home product which is now referred to as single family units as well. The language is the same as in the Development Agreement for. Phase 1, (page 10 Item "Y"). The Row Town home product should be referenced separately and defined by the elevation drawings we are submitting at the Monday night City Council meeting. The single family lots located on/along alley ways will have a maintenance agreement under the Towne Lakes Master Homeowner Association (HOA) for maintenance of the alley. The home exterior maintenance will not be subject to an HOA since they are single family dwellings. On the other hand the attached (row) town home product will be fully maintained by an HOA. We suggest the following language replace Condition 11 under the Preliminary Plat/ PUD Rezoning section: "All homes built within the Development shall be constructed in conformity with the general design guidelines attached as Exhibit _. No home shall be constructed on any lot until the home design, home placement, and construction materials to be used have received approval of the Architectural Review Committee to be established by the Homeowners Association." Please feel free to contact me with questions. Sincerely Davi mpel Cc Dave Kingman, Kingman Builders Linda Goeb, City of Albertville CPDC CepyaMWestwood The Quadrantb ding - 7100 Northland Circle - Suite 108 - Minneapolis, MN 55428 phone: (763)971-0477 - fax: (763)971-0576 - email: cpdc@schererbros.com 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 escrow to help finance these later street improvements. 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. 4 -' ej6 J - T„-- 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. City of Albertville By: Don Peterson, Mayor �' � 1n,,vt.►�'F" wov t � ��k�sdt co�-� �:.-. �c Attest: M Linda Goeb, City Administrator f CITY OF ALBERTVILLE MASTER PLANNED UNff DEVELOPMENT AGREEMENT TOWNE LAKES THIS AGREEMENT, enter into this �1_ day of and between Contractor Pro 2001 by herein as "Develo pem' Developers Company, collect4ively referred to Of Minnesota, hereinafter referred to as C B��LLE, County of Wright, State t3' WITNESSETH: WHEREAS, Developer is the fee owner and developer of the real pro m (the "Development") described in Exhibit A, attached hereto and inco orated herein ' by reference, which real property is development and which real proposed to be subdivided and platted for and Agreement; property is subject to the provisions of this A ment; WHEREAS, Developer is proposing to subdividea' portion of the Development into 43 single-family lots. Said subdivision, which is to be governed by thisAgreement, is intended to bear the name "Towne Lakes" and shall he be referred to in its entirety as "Said Plat" or and Property,; and hereinafter WHEREAS, Developer has received prelimin 1 family lots in the Development as shown on Exhibit G of wSaid ht aPProval for 119 hich at is the first phase of the Development; andfirst WHEREAS, this Agreement shall apply both to the Subject Property and to the Development as shown on the attached Exhibits A and G; and ANEEP" $nary to construct the home placed on such lot. Said landscaping all be installed within one year of the occupancy of said home. `,fir. Developer may install common pier facilities in '. the approximate locations as shown on Exhibit G, subject to City Council approval as to size and configuration. Developer shall submit detailed plans for an such piers to the City and Department of Natural Resources, and shall not install said piers without the permission of the City and the Department of Natural Resources. Developer shall comply with all State and Federal Rules and Regulations relating to the location and construction of shore recreation facilities including, but not limited to, Piers, watercraft mooring areas, and launching ramps to be within the Development. Owners of numbered lots shall not be permitted to install docks or piers. No more than four boat slips shall be allowed on each common pier facility. X. No owner of property within the Development shall be allowed to Operate, moor, store or otherwise use motorized watercraft of any type on either Mud Lake or School Lake. The Homeowner's Association shall not allow the operation of motorized watercraft from any piers Developer or Homeowner's Association installs on said lakes. Y. All homes built in the Development shall be constructed in conformity with the general design guidelines attached as Exhibit H. No home shall be constructed on any lot until the home design, home placement, and construction materials to be used have received approval of the Architectural Review Committee to be established by the Homeowners' Association. 2. Construction of Munici al IM12rovements. ,A• The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications f or Towne Lakes, as prepared by Westwood Professional Services dated June 11, 2001 and on file with the City Clerk, said improvements to include installation of bituminous street, curb and gutter, water mains sanitary and storm sewers, storm water ponding and site grading, and trails. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless die City Engineer specifies a later date, said improvements shall be installed by October 31, 2001, with the wear course of bituminous pavement to be installed after May 15, 2002, but before August 15, 2002. 10 UJ/1G/UJ 10'40 CAA U0L UJ! JOGG ��liJ1r�VVV aawl iun.1VLJ � r ------------------- Vol LC./ VJ 1V.YV FAA V44 JJ! VV4f. ��L✓l��VVv ll�Vl ��� .�.. .. .. 1 1 w�_� WIYt�Wi ln Contractor Property vevelopers Company ` 1i NsdW 6d1. •!1 O LIAR-12-2003 16:50 952 937 5822 Towne Lakes Phase 2 �t� STALL OE CALL w �i... �-.00�7S2-�N• X �3W NOT FOR CO � � � rl �wrwl+'a�� a>r 004ILtl0 �+ 1 s L 97% P.03 E V4/ L4/ u.i LU.40 PHA U04 bot .�ucc 0 a L MAR-12-2003 16:50 952 937 5822 9?% J P.02 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Albertville- Towne Lakes PUD Phase 11 Rezone / PUD / Shoreland CUP / 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, Shoreland CUP/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 17, 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, Shoreland CUP/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 bam. 2. The applicant incorporate stormwater treatment measures to increase the water quality entering the lake. Variance from the 50% men 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/ Shoreland CUP/PUD: 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 70t' Street as minor arterial streets and assign a cost associated with their development to the Towne Lake Phase II residential and commercial development. Said money shall be set aside in escrow to help finance these later street improvements. 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.All townhomes shall be owner occupied. Deed restrictions and the recorded PUD Agreement shall prohibit rental units. 12. The applicant shall provide the City with revised architectural guidelines that illustrate the following: a. Varying rooflines of attached townhome buildings. b. Identify exterior various finish treatment options of all attached townhome units. c. Provide different housing fronts for detached townhomes. No two side -by - side home fronts shall have the same architectural design. 13.The applicant shall provide parking stalls for townhomes located within the southwestern portion of the site plan. 14. The applicant shall provide a minimum of 40 additional parking stalls within the park area. 15. The applicant shall adhere to visual traffic and visibility provisions outlined within Section 1000.8 of the City's Zoning Code. 16. 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. 17. Subject to City comments pertaining to grading, drainage, and streets. The local streets shall be constructed with the following paved widths: a. 32 feet Lake Street Drive between County Road 19 and Lakewood Drive. b. 32 feet Street 1. c. 28 feet for all other local streets. Adopted by the Albertville City Council this day of March, 2003. Attest: M Linda Goeb, City Administrator City of Albertville 2 Don Peterson, Mayor 50c') NORTHWEST ASSOCIATED CONSULTANTS, IF 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 65416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners(ipnacplanning.com MEMORANDUM — Via E-Mail Transmission TO: Linda Goeb FROM: Alan Brixius DATE: March 13, 2003 RE: Albertville — Towne Lakes PUD Preliminary Plat EAW FILE NO: 163.06 — 02.40 According to Minnesota Rules Chapter 4410.4300, subparagraph 32, the mixed use development in Towne Lakes planned unit development would require a mandatory EAW. Said EAW was prepared for Towne Lakes Phase 2 which included 215 residential units and up to 265,000 square feet of commercial development on 93.9 acres of land, located east of County Road 19 and south of 70th Street NE. An EAW was prepared by the applicant, reviewed by City staff, and approved by the City Council for distribution in January. Notification was published in the EQB Monitor on February Vd, initiating a 30 day review comment period. Press release was submitted to the Crow River News. The comment period ended on March 5, 2003. During the comment period, no written comments were received on the Towne Lakes Phase 2 mixed use development EAW. Contractors Property Development Company has submitted a response to comments and findings of fact for and record of decision. This report outlines the history of the project and the anticipated environmental impact that the development will have within this area of Albertville. In review of the report, we find that no specific issues have been identified and feel that the proposed development will have not have a negative impact on the environmental features within the community. Based on this review, we have no further comment on the EAW and would recommend a negative declaration of the EAW provided the City feels comfortable with the planned unit development and preliminary plat as submitted. pc: Pete Carlson Mike Couri David Hempel Shannon Hansen CITY OF ALBERTVILLE City Council Findings of Fact & Decision Albertville- Towne Lakes PUD Phase II Rezone / PUD / Shoreland CUP / 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, Shoreland CUP/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 17, 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, Shoreland CUP/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/ Shoreland CUP/PUD: 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 70th 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. 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.All townhomes shall be owner occupied. Deed restrictions and the recorded PUD Agreement shall prohibit rental units. 12. The applicant shall provide the City with revised architectural guidelines that illustrate the following: a. Varying rooflines of attached townhome buildings. • Centeftint. PO e r,, _ Po F/IPiw Minr.__, Mnnegasco February 19, 2003 Ms. Linda Goeb Administrator City of Albertville 5975 Main Ave. NE P.Q. Box 9 Albertville, MN 55301-0009 Dear Linda: 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, Arne Hendrickson Local Government Relations 1 4C�%i�%t", 8O LaSalle Avenue PO Box 59038 Minneapolis, C„e� Minneapolis, MN 55459-0038 Minnegasco SERVING THE NATURAL GAS NEEDS of Albertville since 1.965 Please visit our web site at minnegasco.CenterPointEnergy.com for more information. Established Service CenterPoint Energy Minnegasco (formerly Reliant Energy Minnegasco) serves over 1,733 residential and business customers in the City of Albertville with the capacity to serve more. We have invested $1,701,698 in your community over the last 38 years to establish and grow our natural gas distribution system. This infrastructure comprises 170,705 feet of natural gas main, plus 1,502 service lines and meters connecting individual customers. Since we began serving your community in 1965, CenterPoint Energy Minnegasco has paid property and real estate taxes to the City. In 2002, we paid $36,892 of total taxes on our gas distribution system in Albertville. As important as these investments are, we are committed to providing our customers with the high quality service they have come to expect and receive from us. 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 Advantages Price (see enclosed Fact Sheet): Wholesalenatural gas prices change monthly, but our rates are consistently some of the 1~4 in the region and nation. For example, we did a two-year comparison using Xcel's and Aquila's residential rates, and their rates averaged five to eight percent more than ours. In addition, their monthly "Customer Charge continues to be higher than our $5.00 charge. Emergency Response: We have over 400 emergency and construction repair crews and service technicians trained to respond to system related emergency situations in your community. Our service technicians also keep their fully stocked company vehicles at their homes. This policy allows for the quickest response time to any emergency. We are committed to rapid and efficient emergency response and to working cooperatively with local public safety officials. 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 fu eplaces. CenterPoint Energy Minnegasco also offers energy conservation programs including energy audits, rebate programs, and system design assistance for businesses. 02002 CenterPoint Energy CO-9166 Cen&~,. Enl"' Iwo Minnegasco 8W LaSalle Avenue PO Box 59038 Minneapolis. MN 55459-0038 2002 RESIDENTIAL GAS RATE C MPARISON CenterPoint Avg. Cust Energy Xce:l 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 $0.5642:2 $82.11 $0.49765 $73.49 Apr. 78 $0.61487 $52.96 $0.60260 $53.50 $0.53536 $48.56 May 41 $0.560$8 $27.98 $0.59400 $30.85 $0.51827 $28.05 Jun. 26 $0.53719 $18.97 $0.5714E5 $21.36 $0.51208 $20.11 Jul. 23 $0.53719 $17.36 $0.562913 $19.45 $0.50700 $18.46 Aug. 23 $0.51228 $16.78 $0.53531) $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 $0.603413 $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 $116.07 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 1 FRANCHISE ORDINAN FOR CENTERPOINT ENERGY MINNEGASCO ORDINANCE NO. _ CITY OF ALBET TVILLE, WRIGHT COUNTY, MINNESOTA AN ORDINANCE GRANT NG CENTERPOINT ENERGY MINNESGASCO, A NATURAL GAS UTILITY, A DIVISION OF CENTERPOINT ENERGY RESOURCES CORPORATION, A DELAW , CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE F&E TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFA AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO SE THE PUBLIC GROUND OF THE CITY OF ALBERTVILLE, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS TIIEREOF. THE CITY COUNCIL OF rHE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this shall have the following met City. The City of City Utility System. 1 by City or agency there inc signals, but excluding facilities Commission. The Min agencies, including an agency of to regulate gas retail rates now vt Company. CenterPoint l Corporation, its successors and i part or parts of the Gas Facilities Gas Facilities. Gas trar necessary equipment and appurte providing gas energy for public or Notice. A writing served Company shall be mailed to Cente 800 LaSalle Avenue, Minneapol the following capitalized terms listed in alphabetical order le, County of Wright, State of Minnesota. lilies used for providing public utility service owned or operated ng sewer, storm sewer, water service, street lighting and traffic providing heating, lighting, or other forms of energy. >ta Public Utilities Commission, or any successor agency or federal government, which preempts all or part of the authority t in the Minnesota Public Utilities Commission. Minnegasco, a Division of CenterPoint Energy Resources including all successors or assigns that own or operate any to this franchise. ion and distribution pipes, lines, ducts, fixtures, and all s owned or operated by the Company for the purpose of :e use. any party or parties on any other party or parties. Notice to int Energy Minnegasco, V.P. Regulatory and Supply Service, MN 55402. Notice to the City shall be mailed to City 1 Administrator, City of Albertville 0009. Any party may change its notice to the other parties. Public Way. Any street, Public Ground. Land ov similar public purpose, which is lu SECTION 2. ADOPTION OF I 2.1 Grant of Franchi; the date this Ordinance is passe distribute and sell gas for public boundaries now exist or as they m constrict, operate, repair and main and Public Grounds, subject to th+ things necessary or customary to regulations as may be imposed by further provisions of this franchise 2.2 Effective Date:y{ from and after its passage of this by Company. 1f Company does n+ date the City Council adopts this Company does not accept this fra or seek its enforcement in a court c 2.3. Service and Gas I Company for gas service in City au 2.4. Ordinance. 5975 Main Avenue NE, P.O. Box 9, Albertville, MN 55301- ,spective address for the purpose of this Ordinance by written y or other public right-of-way within the City. d or otherwise controlled by the City for park, open space or for use in common by the public. ;. City hereby grants Company, for a period of 20 years from 2, and approved by the City, the, right to import, manufacture, ad private use within and through the limits of the City as its y be extended in the future. For these purposes, Company may un Gas Facilities in, on, over, under and across the Public Ways provisions of this Ordinance. Company may do all reasonable =mplish these purposes, subject however, to such reasonable ie City pursuant to ordinance or permit requirements and to the oreement_ itten Acceptance. This franchise shall be in force and effect rdinance and publication as required by law and its acceptance file a written acceptance with the City within 60 days after the ►rdinance, or otherwise informs the City, at any time, that the :hire, the City Council by resolution may revoke this franchise competent jurisdiction. 1L& The service to be provided and the rates to be charged by subject to the jurisdiction of the Commission. Le. Company shall pay the expense of publication of this 2.5. Dispute Resolutio L If either party asserts that the other party is in default in the performance of any obligation hemunder, the complaining party shall notify the other party of the default and the desired remedy. a notification shall be written. Representatives of the parties must promptly meet and attempt ' good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days o the written notice, the parties may jointly select a mediator to facilitate finther discussion. The wties will equally share the fees and expenses of this mediator. If a mediator is not used or if the xwties are unable to resolve the dispute within 30 days after first meeting with the selected medi r, either party may commence an action in District Court to interpret and enforce this franchi or for such other relief as may be permitted bylaw or equity. 2 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, %T—H R 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 Oaeninss. 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 (H) 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 A144, 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. 3.4. Avoid Damage 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 3 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 '4 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. 1 comply with Minnesota Rules 4.1. Relocation m Public Wave. The Company shad p y , 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 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 4 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 4 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 S. FRANCHISE FEE. 8.1. Farm. 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 f A- 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) - (m) 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. 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. 5 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 M. 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. 10.2. Limitation on AaalicabWty. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to' constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 6 SECTION 11. AMXNDANT=PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory, ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 60 days after the effective date of the amendatory ordinance. Passed and approved: , 2003. Don Peterson Mayor of the City of Albertville, Minnesota Attest: Linda Goeb City Administrator, Albertville,: Minnesota 7 i League of Minnesota Cities ca;" rvmoting &,.M lends Model Gas and Electric Franchise Ordinance Cooperative between Suburban Rate Authority and the League of Minnesota Cities Revised 10/ l /00 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 ("SR.A"), 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 216B 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., fi-anchise 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 terns 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-187084v1 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, 199E 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 SU16046 3 Model Ordinance LMC/SRA Gas Franchise Ordinance ORDINANCE NO.', • 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, COUN'.CY, 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-187084v1 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-187084V I 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 Oaenines. 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 3.4. Avoid Damage 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 SU160-46 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 fi-anchise fee formula and each review will not delay the implementation of the City -imposed fee. JMS-187084v1 SU160-46 8 8.2. SeparateOrdinance. 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 spg. 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. 3MS-187084v1 SU160-46 9 10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT -PROCEDURE. Either party to this fanchise agreement may at any time propose that the agreement be amended This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 60 days after the effective date of the amendatory ordinance. Passed and approved: , 2002. Mayor of the City of Albertville, Minnesota Attest: City Clerk, Albertville, Minnesota nus-1870840 SU160-46 10 E March 5, 2003 Don Peterson Mayor City of Albertville Albertville, MN 55301 Re: SAC/WAC charges for Spectators restaurant and bar Your Honor, The charges referenced above have been calculated at $79,800 for SAC and $38,000 for WAC. These amounts are about 4 times the charges levied against the identical project, which we built in Savage, Minnesota at O'Connell Square. The owners of Spectators and us are surprised by the extraordinary high cost of these items and respectively request a partial relief of the amount or an extended payment schedule, which would help make the charges more affordable. These charges are considerably higher than any SAC/WAC we have. experienced on other projects. Please consider our request. Sincerely Y , Jerry Hertel H.J Development, LLP Albertville 2003, LLC ve-c Linda Goeb Cc Alan Brixius Cc Peter Carlson 620 Babcock Blvd. E, Suite C • P.O. Box 110 • Delano, Minnesota 55328 Office (763) 972-6892 • Fax (763) 972-2541 I horticultural SociOg .. March 6, 2003 Dear City Council Members, 5oftC.76 The Wright County Horticulture Society is excited to be able to offer your city a gift from our organization this spring. We would like your Council to decide between a tree or two concrete benches for your city. Each concrete bench is approximately 58" x 20". Each tree is balled & burlaped with an approximate 2" diameter trunk. The trees offered are: "Greensolre" Unden (1111a cordata "Greens re") A 60-70 foot pyramidal tree with glossy foliage casting dense shade. Does well in poor soil including heavy clay. Fragrant flowers in June which attract bees. Best used in open areas with mulched base. "Shademaster" Honevlocust (Gieditsia triacantos "Shademaster") A 60-70 foot fast-growing tree with lacy foliage casting light shade allowing grass to grow up to the trunk. Salt tolerant and excellent for street, lawn or near buildings. Paaoda Dogwood (Comus alt®mifolia) A small ornamental tree with horizontal branching and white flowers in May4une. An understorey tree that tolerates light shade,.it grows 15-25 feet and is excellent with massed plantings of azaleas, rhododendrons,. hosta and ferns. Small blue/black fruits in fall are loved by birds. A small ground marker will be provided with the Society's name and date of gift. Please let us know your choice by returning the attached sheet by April 15th. You will be contacted by a Society member with details for pick-up. We hope our gift will find a special place in your community and be a reminder of our continuing mission to help beautify Wright County. If you have any questions please contact either of the following WCHS members: Corrinne Hajek, Vice -President 763-295-4025 Pat Thielman, Committee Member 763-477-6575 J ' 1 Name of City: Address of City Hall: Contact Person: Phone Number: PLEASE CHOOSE ONE: TREE (indicate one of the following.) "Greenspire" Linden "Shademaster" Honeylocust Pagoda Dogwood 2 CONCRETE BENCHES OUR CITY IS NOT INTERESTED IN THIS GIFT We understand that someone representing our city will pick up either the tree or the benches at a designated location and we will be responsible for planting the tree or placing the benches. Signed: Return this form to: Wright County Horticultural Society clo Corrume Hajek, Vice President 7896 77th Street NE Monticello MN 55362 Minnesota Statutes 2002, 340A.413 . .3 Minnesota Statutes 2002. Table of Chapters • Table of contents for Chapter 340A 340A.413 Restrictions on the number of intoxicating liquor licenses that may be issued. Subdivision 1. On -sale licenses. No on -sale intoxicating liquor license may be issued in any city except as provided in this section in excess of the following limits: (1) in cities of the first class, one license for every 1,500 population, up to 200 licenses; (2) in cities of the second class, not more than 18 licenses plus one for every 2,500 population over 45,000; (3) in cities of the third class, not more than 12 licenses; (4) in cities of the fourth class, including cities whose acts of incorporation were repealed by Laws 1973, chapter 123, article V, section 5, not more than seven licenses; (5) in statutory cities of 5,000 to 10,000 population, not more than six licenses; (6) in statutory cities of 2,500 to 5,000 population, not more than five licenses; (7) in statutory cities of 500 to 2,500 population, not more than four licenses; and (8) in statutory cities under 500 population, not more than three licenses. Subd. 2. Additional on -sale licenses permitted for cities in St. Louis county. For cities in St. Louis county no on -sale liquor license may be issued in excess of the following _ limits, without the approval of the commissioner: (1) in cities of the third class, not more than 15 licenses (2) in cities of the fourth class, not more than nine licenses; and (3) in statutory cities of 2,500 to 5,000 population, not more than six licenses. Subd. 3. Referendum for additional on -sale licenses. (a) The governing body of a city may issue on -sale intoxicating liquor licenses over the number permitted under subdivision 1 when authorized by the voters of the city at a general or special election. (b) The governing body may direct that either of the following questions be placed on the ballot: http://www.revisor.leg.state.mn.us/stats/340A/413.htm1 3/11/2003 Minnesota Statutes 2002, 340A.413 Page 2 of 3 (1) "Shall the city council be allowed to issue 'on -sale' licenses for the sale of intoxicating liquor at retail in excess of the number permitted by law? Yes....... No ......." (2) "Shall the city council be allowed to issue (a number to be determined by the governing body) 'on -sale' licenses for the sale of intoxicating liquor at retail in excess of the number now.permitted by law? Yes....... No ......." (c) If a majority of voters voting on the question in clause (1) vote yes, the governing body may issue an unlimited number of on -sale licenses. If a majority of voters voting on the question in clause (2) vote yes, the governing body may issue additional on -sale licenses in the number stated in the question. Subd. 4. Exclusions from license limits. On -sale intoxicating liquor licenses may be issued to the following entities by a city, in addition to the number authorized by this section: (1) clubs, or congressionally chartered veterans organizations; (2) restaurants located at a racetrack licensed under chapter 240; (3) establishments that are issued licenses to sell wine under section 340A.404, subdivision 5; and (4) theaters that are issued licenses under section 340A.404, subdivision 2. Subd. 5. Off -sale licenses. No off -sale intoxicating liquor license may be issued in any city, except as provided in this section, in excess of the following limits: (1) in cities of the first class, not more than one off -sale license for each 5,000 population; and (2) in all other cities the limit shall be determined by the governing body of the city. Subd. 6. Area that has been annexed or consolidated. A license validly issued within the number prescribed in this section is not rendered invalid or illegal by reason of the consolidation or annexation of territory to a city and may continue to remain in effect and be renewed, except that the limitations as to ownership under section 340A.412, subdivision 2. HIST: 1985 c 305 art 6 s 13; 1987 c 152 art 1 s 1; 1990 c 554 s 13; 1991 c 249 s 16; 1996 c 418 s 9 http://www.revisor.leg.state.mn.us/stats/340A/413.html 3/11/2003 a. Question to generally exceed the statutory number of licenses. Shall the city council be allowed to issue on -sale licenses for the sale of intoxicating liquor at retail in excess of the number permitted by law? Yes No b. Question to exceed the statutory number of licenses by a specific number. Shall the city council be allowed to issue (insert specific number here) on -sale licenses for the sale of intoxicating liquor at retail in excess of the number now permitted by law? Yes No. 50 League of Minnesota Cities s, ,Minnesota Statutes 2002, 340A.413 Page 3 of 3 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. hq://www.revisor.leg.state.nm.us/stats/340A/413.htrnl 3/11/2003