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2003-07-21 CC Packet
SCANNED ALBERTVILLE CITY COUNCIL AGENDA July 21, 2003 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) July 7, 2003, City Council Meeting pg. 3-? 3. CITIZEN FORUM - (io Minute Limit) 4. (a) Approve payment of claims (check nos. 18269 — 18323) pg. 8-13 (b) Resolution #2003-24 (A Resolution Recognizing Volunteers —Edna Weber) pg. t t 5. SPECIAL ORDER • Presentation of plaques to Edna Weber 6. DEPARTMENT BUSINESS I a. Fire tepartment none none C. 3 j (1) Keep It Safe Storage pg. I5-46 • Building and Site Plan Review (2) Kolleville Estates 3d Addition pg. 46-57 • Preliminary Plat 3a (3) Outlet Mall Signage pg. 58-66 (4) RFP Community Signs pg. 67-74 5-) ok. " C) 1.�j 0j'a City Council Agenda July 21, 2003 Page 2 of 2 d. (f. _ (1) Review modifications of the entrance road to the Outlets at Albertville Phase III pg. 75-76 (2) Review Park Plans near School pg. 77-82 (3) Award bid for 2003 Seal Coat Improvements (Resolution No. 2003-26) pg. 83-84 �) 0;&* e. ;61w- (1) Master Town Lakes 3rd Addition Developer's Agreement pg. 85-158 (2) Sump Pump Discharge Ordinance No. 2003-14 pg. 159-160 (3) Escrow Fee Ordinance No. 2003-15 pg.161-162 f. (1) Request from City of St. Michael City Council to re -schedule a Joint meeting on Thursday, August 21, 2003 at 7:00 p.m. or alternate date 4 /O W 7. ADJOURNMENT ALBERTVILLE CITY COUNCIL July 7, 2003 St. Albert's Parish Center 7:00 PM PRESENT: Mayor Don Peterson, Councilmembers LeRoy Beming, Tim Sweeney, Tom Fay, and Ron Klecker, City Planner Al Brixius, City Engineer Pete Carlson, City Attorney Mike Couri, City Administrator Linda Goeb, Zoning Administrator Jon Sutherland, Public Works Supervisor Tim Guimont and Wastewater Treatment Supervisor John Middendorf Mayor Peterson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Delete Item 6d(3) - Fence Ordinance revisions • Delete Item 6f(1) - Berm by Outlet Mall • Add item 6e(1) — Quote for battery backup for sirens • Add Item 6e(2) — Change meeting date for joint meeting with St. Michael City Council • Add Item 6d(4) — Directional signage for downtown • Add Item 6a(4) — Property ion Main Avenue Sweeney made a motion to approve the agenda as amended. Klecker seconded the motion. All voted aye. Berning made a motion to approve the minutes of the June 16, 2003, regular meeting as presented. Sweeney seconded the motion. All voted aye. Mayor Peterson asked City Engineer Pete Carlson to present information on the flooding and drainage problems that occurred from the June 241h storm before opening the Citizen Forum portion of the agenda. Carlson explained that the storm drains are designed for a 10-year return storm and the detention ponds are designed for a 100-year return storm, or six inches of rainfall in a 24-hour period. On the night of June 24th between 8-10 inches of rain fell in a 5-6 hour period. The storm sewer system was not able to handle that volume of water in a short time. As an example of the amount of water involved with the stone, Carlson reported that the average daily flow to the wastewater treatment facility_ is 400,000 gallons per day. The day following the stonn, 1.8 million gallons was measured at the facility. Carlson further explained that his firm is working to recreate the rainfall amounts on a computer model to determine what, if anything, the City can do to improve its storm drainage system. The computer modeling should be completed in time to present the information to the City council on August 4`h Mayor Peterson asked if anyone wished to address the Council. 1�1 r Albertville City Council Minutes July 7, 2003 Page 2 of 5 The following citizens addressed the Council with their concerns regarding the flooding problems they experienced: • Brenda & John Greninger — 5696 Main Avenue NE • Laura Byer, 10420 5 1 " Court NE • Scott Hanson, 10465 51 sr Court NE • Pam Roden, 11819 Locust Court NE • Elmer Walz, 5667 Jason Court NE • George Kurilla, 5475 Jason Court NE • Mike & Linda Everett, 11711 541h Street NE • Debra Jensen, 11717 541h Street NE City Engineer Carlson will review the drainage problems reported and determine how best to resolve those issued. Councilmember Beming requested that Check #18205, Check #18248, and Item 4g be removed from the Consent Agenda. Berning made a motion to approve the Consent Agenda as follows: • Follow -Up sheet from June 16`' meeting • Approve payment of claims (Check #'s 18186 — 18204, Check #s 18206-18247, and Check #,'s 18249-18255) • Ordnance 42003-12 - An Ordinance Amending Section 1, Ordinance #1993-16 (An Ordinance Licensing and Regulating the Sale and Consumption of Intoxicating Liquors) • Approve Application for Non -Intoxicating Malt Liquor License for the Church of St. Albert from 10:00 AM to 5:00 PM at the St. Albert's Parish Center on July 20, 2003 • Approve 2004 and 2005 Assessment Services Agreement with the Wright County Assessor • 2nd Quarter 2003 Revenue/Expenditure Reports Fay seconded the motion. All voted aye. Erwin Greninger addressed the Council again regarding the ongoing drainage problem on his property. City Engineer Pete Carlson explained that the ditch has been cleaned out and the water is draining away through the proper channels. Pete will continue to monitor its progress. Carlson reported that the smaller storm sewer pipe that crosses the former Shirley Peterson property is restricting the drainage, resulting in water backing up on County Road 37 during periods of heavy rainfall. Carlson will contact the new property owner regarding this issue. I Albertville City Council Minutes July 7, 2003 Page 3 of 5 Berning made a motion to award the bid for the 2003 Street Overlay Project to buffalo Bituminous in the amount of $76,581.00. Fay seconded the motion. All voted aye. The City Administrator was directed to contact the owner of the old mill located in downtown Albertville to discuss the potential sale of the property. The Council reviewed the Public Works/Parks Maintenance Report with Tim Guimont. Guimont reported that the Park Committee has recommended the purchase of a play structure for Winter Park at a cost of $20,000. The base for the structure could be completed by city staff at a cost of $5,000. Sweeney made a motion to approve the purchase of a play structure for Winter Park at a cost of $20,000 and to approve the expenditure of $5,000 for installation of the base. Klecker seconded the motion. All voted aye. The Council would like to proceed with the grading and seeding of the shared park behind the Albertville Primary School. Linda will contact the principal at the school to see if the project has been approved by the school board. Guimont made a request to hire a part-time seasonal person to take care of the ball fields and mow for 20-30 hours a week through October. Klecker made a motion to authorize the hiring of a part-time seasonal worker at a rate of $10.00 per hour. Fay seconded the motion. All voted aye. Sweeney made a motion to accept the Public Woks/Parks Maintenance Report as presented. Berning seconded the motion. All voted aye. Fay made a motion to accept the WWTF/Water Department Report. Klecker seconded the motion. All voted aye. Paul Donna, Northland Securities, recommended approval for the competitive sale of a $3,235,000 bond to pay for the construction of the Northwest Commercial Park and the CSAH 19 Improvement project. The sale date will be set for 10:00 AM on Wednesday, July 23, 2003. The Council has scheduled a special meeting that evening relating to the bond sale. Sweeney made a motion to approve a resolution authorizing the sale of S3,235,000 bonds for the purpose of financing the Northwest Commercial Park and the CSAH 19 Improvement Project with a bond sale date of July 23, 2003. Beming seconded the motion. All voted aye. City Planner Al Brixius reviewed the final plat and PUD Development Stage Plan for Towne Lakes 3rd Addition. The 3'd Addition consists of one farmstead lot, nine single-family lots, a lot for the swimming pool/community building and five outlets. The plat is consistent with the previously approved preliminary plat. i Albertville City Council i11inutes July 7, 2003 Page 4 of 5 City Attorney Mike Couri reviewed the Master Developers Agreement governing the entire Towne Lakes 3`d Addition. As each phase of the development is final platted, the new developers agreement will "piggy -back" with the master agreement. Due to some disagreement regarding the costs of improvements to CSAH 19 to be assessed to the project, the Council decided to table approval of the final plat and the Developers Agreement until all details are worked out. City Planner Al Brixius reviewed the proposal from Flooring America to build a new multi -tenant commercial building along 671h Street NE on Lot 1, Block 2 of the Northwest Commercial Park. The development is compatible with existing zoning, and is consistent with the Comprehensive Plat. Staff recommends approval of the proposal. Fay made a motion to approve the Findings of Fact & Decision regarding the Flooring America as presented. Sweeney seconded the motion. All voted aye. The Council requested that staff provide design criteria for the directional sign for the downtown businesses at the next meeting. City Administrator Linda Goeb presented a quote from Federal Warning Systems, Inc. to upgrade the city's civil defense sirens from AC to DC. The price for the equipment is $6,436.75. plus installation and batteries. Fay made a motion to approve the bid from Federal Warning systems to upgrade the City's two sirens from AC to DC at a cost of S6,436.75, plus installation. Sweeney seconded the motion. All voted aye. Linda explained that the St. Michael City Council is now unable to meet jointly as scheduled on July 29`11. The meeting will be rescheduled at a later date. Councilmernber Berning requested that the Friendly City- Days Committee be allowed to use the garage space at the former Steve Praught property to store the Queen's Float and other related items. The Council agreed to allow the FCD Committee to store equipment in the garage. Berning made a motion to approve payment of Check Ws 18205 and 18248 as presented. Sweeney seconded the motion. All voted aye. Berning made a motion to approve the Application for Non -Intoxicating Malt Liquor License for the 152 Club from 10:00 AM to 12:00 PM on July 18, 19 and 20, 2003. Sweeney seconded the motion. All voted aye. The Council recessed the public meeting to enter a Closed Session to discuss personnel issues in the Fire Department at 11:20 PM. 6 Albertville City Council Minutes July 7, 2003 Page 5 of 5 Mayor Peterson reconvened the public meeting at 11: 45 PM. Mayor Peterson announced that the City Council has investigated a complaint against Fire Department personnel and have concluded that no disciplinary action is warranted. Fay made a motion to adjourn at 11:55 PM. Klecker seconded the motion. All voted aye. Don Peterson, Mayor Linda Goeb, City Administrator 7 CITY OF ALBERTVILLE ,A\\\1b4Ertvi11c Smolt :c.sa:n Udng. Big c4to Ufa. *Check Detail Register© July 2003 07/17/03 5:00 PM Page 1 Check Amt Invoice Comment Claim Nbr 10100 Premier Bank ...... _......... ._...,.___ Pald Chk# 018269 r. 7/21/2003 AFLAC G 101-21710 Other Deducations $54.60 470861 AFLAC Insurance Prem 2940 G 101-21710 Other Deducations $54.60 470861 AFLAC Insurance Prem 2940 Total AFLAC $109.20 Paid Chk# 018270 7/21/2003 ALPINE HOMES G 101-22800 Landscaping Escrow $2.750.00 420570 5402 Kali Avenue 2941 Total ALPINE HOMES $2,750.00 Paid Chk# 018271 7/21/2003...... ARAMARK UNIFO...m. ..w ... ORM SERVICES a_ _..e �_ , . ....... �.... ....�.. , ...... E 101-45100-417 Uniform Rentals $90.83 06/27/03 Uniform Sery - Parks Dept 2942 E 601-49450-417 Uniform Rentals $60.56 06,127/03 Uniform Sery - Sewage Dept. 2942 E 101-43100-417 Uniform Rentals $90.83 06/27/03 Uniform Sery - PW Dept. 2942 E 602-49400-417 Uniform Rentals $60.56 06/27/03 Uniform Sery - Water Dept 2942 Total ARAMARK UNIFORM SERVICES $302.78 -,,- ,.—A._,, ,",,....... .. Paid Chk# 018272 7/21/2003 BML BUILDERS _...... ..... ... ..... ....... d.. G 101-22800 Landscaping Escrow $3,000.00 420560 5112 Kahl Avenue 2943 Total BML BUILDERS $3,000.00 Paid Chk#��018274 7/21%2003 ",CARQUEST"" - ,, ---a _ .,------- E 101-43100-404 Repair/Maint - Machinery/Equip $11.19 235196 repair 2944 E 101-45100-404 Repair/Maint - Machinery/Equip $47.99 236104 toro repair 2944 E 101-43100-404 Repair/Maint - Machinery/Equip $23.07 236124 repair 2944 E 101-43100-212 Motor Fuels $2.95 236259 fuel 2944 E 101-45100-404 Repair/Maint - Machinery/Equip $1.28 236621 parks 2944 E 101-45100-404 Re air/Maint - Machinery/Equip$15.00 p - - -- ------- 237198 repair 2944 Total CARQUEST $101.48 Paid Chk# 018276 7/21l2003 CHOUINARD OFFICE PRODUCTS E 101-45000-596 Friendly City Days --------------- $44.62 53119 Awards-Engstrom/Weber 2945 Total CHOUINARD OFFICE PRODUCTS $44.62 _rt Pad Chk# 018275 7/21/2003 CENTER POINT ENERGY E 101-43100-383 Gas Utilities $25.75 June/July2003 Gas Utilities-PW Garage 2946 E 101-42000-383 Gas Utilities $20.86 June/July2003 Gas Utilities -Fire Dept 2946 E 101-41940-383 Gas Utilities $16.91 June/July2003 Gas Utilities -City Hall 2946 E 101-45100-383 Gas Utilities $5.33 June/July2003 Gas Utilities -Park Shelter 2946 Total CENTER POINT ENERGY $68.85 Paid Chk# 018279 7/21/2003 DRAKE CONSTRUCTION ,,...., G 101-22800 Landscaping Escrow $2,750.00 420535 10296 Karston Avenue 2947 Total DRAKE CONSTRUCTION $2,750.00 Paid Chk# 018278 7/21/2003 DELTA DENTAL E 101-43100-130 Employer Paid Ins (GENERAL) $81.75 August 2003 Dental Insurance - PW/PW 2948 E 101-41300-131 Employer Paid Health $54.50 August 2003 Dental Insurance - Admin 2948 E 101-45100-130 Employer Paid Ins (GENERAL) $81.75 August 2003 Dental Insurance - Parks/Parks 2948 E 101-42400-130 Employer Paid Ins (GENERAL) $54.50 August 2003 Dental Insurance - Bldg Inspec 2948 E 101-42400-130 Employer Paid Ins (GENERAL) $54.50 August 2003 Dental Insurance - Bldg Inspec 2948 E 601-49450-130 Employer Paid Ins (GENERAL) $54.50 August 2003 Dental Insurance - WWTF 2948 E 101-41400-131 Employer Paid Health $109.00 August 2003 Dental Insurance - Office 2948 E 602-49400-130 Employer Paid Ins (GENERAL) $54-50 August 2003 Dental Insurance - Water 2948 Total DELTA DENTAL $545.00 Paid Chk# 018280 7/21/2003 EULL, JOEL R. E 101-43100-410 Rentals (GENERAL) $1,000.00 2003-06 Monthly rental 2949 N CITY OF ALBERTVILLE Ib£rtviljc sm.11?c•?ter, Uvinq. Big t y Ufs. *Check Detail Register© July 2003 07/17/03 5:00 PM Page 2 Check Amt Invoice Comment Claim Nbr Total EULL, JOEL R. $1,000.00 PaidChk#018282 7/21/2003 FIRST NATIONAL BANK E 322-47000-611 Bond Interest ---------------- $283.58 2003 Interest 2003 Interest Payment 2950 Total FIRST NATIONAL BANK $283.58 pais r Chk# 018281 7%21/2003FEHN GRAVEL & EXCAVATING E 101-43100-222 Sand & Gravel $188.51 10229 sand - truck 2951 E 101-43100-222 Sand & Gravel $327.81 10412 gravel/sand truck 2951 E 101-43100-222 Sand & Gravel $880.37 10436 sand/gravel 2951 E 101-43100-222 Sand & Gravel $317.59 10478 sand/gravel 2951 E 101-43100-222 Sand & Gravel $230.68 10659 sand/gravel 2951 E 101-43100-222 Sand & Gravel $641.24 10693 sand/gravel 2951 E 101-43100-222 Sand & Gravel $93.00 9528 Gravel - Truck 2951 E 101-43100-222 Sand & Gravel $100.06 9538 gravel - truck 2951 E 101-43100-222 Sand & Gravel $252.52 9540 gravel truck 2951 Total FEHN GRAVEL & EXCAVATING $3,031.78 Paid Chk# 018273 7/21/2003 BRACK BUILDERS G 101-22800 Landscaping Escrow _ $3,000.00 420523 Escrow 2 - Sod and 2 Trees 2952 Total BRACK BUILDERS $3,000.00 Paid Chk# 018283 7/21/2003 FUTRELL FIRE CONSULT & DESIGN E 101-42400-300 Professional Srvs (GENERAL) $456.25 6302003A Keep it Safe Storage 2953 E 101-42400-300 Professional Srvs (GENERAL) $365.00 6302003B Flooring America 2953 Total FUTRELL FIRE CONSULT & DESIGN $821-25 w.. .,.,.... -... Paid Chk# 018A5 7i21/2003 GOPHER STATE ONE -CALL .. e..,-N _..d. _-R..- .-..... ,.. ..._. _..m -_._. E 602-49400-209 Locates $365.80 3060102 Locates - Water Dept 2954 Total GOPHER STATE ONE -CALL $365.80 ...3-., '. "L—L,- -.-,. - Roo- "E,D, Paid Chk# 018284 7/21I200GALLS INCORPORAT.,.,ED E 101-42000-584 C/O - Turnout Gear $572.90 565112370001 Step in boot gear 2955 Total GALLS GALLS INCORPORATED $572.90 Paid Chk# 018287 7/21/2003 HENRY & ASSOCIATES E 602-49400-407 R/M - Water Mains $1,221.13 7627 Repair/maintenance 2956 E 602-49400-407 R/M - Water Mains $1.383.94 7636 Repair/maintenance 2956 E 602-49400-407 R/M - Water Mains $356.01 7666 Repair/maintenance 2956 Total HENRY & ASSOCIATES $2,961.08 Paid Chk# '01'8288 7/21/2003 HOGLUND BUS COMPANY E 101-42000-404 Repair/Maint - Machinery/Equip $380.35 53022 Repair & Diagnose Machine 2957 Total HOGLUND BUS COMPANY $380.35 Paid Chk# 018286 7/21/2003 HAWKINS CHEMICAL, INC. E 601-49450-216 Chemicals -Alum $1,869.78 540044 Alum/Sulfate 2958 Total HAWKINS CHEMICAL, INC. $1,869.78 Paid Chk#�018289 7/21/2003 INSPECTRON INC. ..t. . w_d__, .... E 101-42400-300 Professional Srvs (GENERAL) $800.00 June 2003 Inspection Service 2959 Total INSPECTRON INC. $800.00 Paid Chk# 018290 7/21/2003 KENNEDY & GRAVEN E 456-49000-300 Professional Srvs (GENERAL) $1,085.72 062303 Competitive Franchise 2960 Total KENNEDY & GRAVEN $1,085.72 Paid Chk# 018293 7/21/2003 KUNDRAT LAW OFFICE, P.A. E 101-41600-304 Legal Fees $1,027.00 11278 Employment - City of Albertvil 2961 9 . ' ^ �� � . K����=�����W�� �—���.��U " � o��n�" CITY OF ALBERTVILLE *Check Detail Reg^ster@ July 2003 07n7JO35:00pw Page Check Amt invoice Comment omimNn Total KUNDRAT LAW OFFICE, P.A. $1,027.00 Gm1-22000 Landscaping Escrow __$ 3 000 .00_420553 10562 5omCourt wE zyOz Total nwmLsvCowmTnucnow $3,000.00 0 101'22800 Landscaping Escrow s3.000/00_420508 1oo4cn2ooStreet 2963 Total Kmc/uZLsRoomaTRuoT|om $3,000.00 e 101'42000'437 M/scoonunons s7e.20 06543042'001 Fire Prevention Au 2964 Total LARmowALLswvvos*mnuco orezu �a i d'�ik'# " 61, ----- ------------------'---- s1o1'*14no'410 Office Equipment Rental $32. 2e�118003 Copier Maintenance Agreement 2ee5 nuu/ M/wmsoozACOPY SYSTEMS $32.26 Pai�dhkfi '6)6d ��______-- E 101'42700'309 Animal Control Contract $100.00 377 Anima/ Cont,u|'StrayAn/ma/ zoos rum| momnosLLoANIMAL CONTROL $10000 sen1'4e4no'z10 Testing Expenses $134o0 130868 Tonnno sxponse(co0o'n) zsor sso1'4e45n'z10 Testing Expenses __$1 34.00� 13097e Testing Expense (ceno'u) zsor Total m/ovvsmTANALYTICAL SERVICES %z*aoo �r^— HOMES 1o1'zzVuo Landscaping Escrow G 101-22800 _�$3,000.00_420092602 s17nKahl Avenue 2968 Total M M HOMES $3,000.00 P a I d Chi k# 0i8S'D I!G`G E RS_'~~�—�~~~~~~�_�~~~~~,~~^�~~~~~~�~~_~~_~_�____________________�______ e6oz'*e400'4na n/M Water Services $432o0 aoez Water Service Repair zsoy rma| Ms/wroomusRS $432o0 �'a'�d}C6kIft 01 Ke8~��������n~�l�k���7�� ~-------------------------------------------- e1o1'4o1oo'nao Improvements Other Than amns m2 5.56_6588e Black dirt City Park zero Total MILLER LANDSCAPE SUPPLY *on.os "0H����~ -------------------'--------------------'------- 66 G1o1'2z000 Landscaping Escrow X3/00m.00_420584 mo2Kahl Avenue 2971 Total wmmT*vv000msenv/csm $3,000.00 sm141s10-oos Planning Fees $743.15 1282e zsrz s1o1-41gm'zn6 Planning Fees $522.00 1282e zsrz E 452-49000'306 Planning peen $4e7.38 1282e zerz E 101'41910'306 Planning Fees $4e8.10 12828 z*nz s1o1'wy1o'ans Planning Fees $372.70 12e28 zerz E 101'41910'306 Planning Fees $znrno 12828 2972 E 101-41910'306 Planning Fees $z0000 12830 eere E,o1-41s1n'oo6 Planning Fees $867u0 12829 zorz s1o1'41s1o'uoo Planning Fees $293n5 12829 zorz E 101'41e10'306 Planning Fees $34o0 12828 2972 s1u1'41e1o'aos Planning Fees $9.00 12829 2972 e4so'*snoo'aoe Planning Fees $638.*7 12829 osrz s4ss-4enoo'nos p|unnion poex $40.00 12829 2972 s452'4eoon'aos Planning Fees $uoon 12829 2e72 E*sz-4eoon'no6 Planning Fees $602.50 12e29 zsrz 10 lb�rtvill£ Smoll'f asaxx Udng. Big Cty Ufa. CITY OF ALBERTVILLE *Check Detail Register© July 2003 07/17/03 5:01 PM Page 4 Check Amt Invoice Comment Claim Nbr E 456-49000-306 Planning Fees $1.231.99 12829 2972 E 101-41910-306 Planning Fees $106.50 12828 2972 Total N. A. C. $7,064.34 Paid Chk# 01827r7µ... 7/21 2003 ` CHRISTIAN BUILDERS G 101-22800 Landscaping Escrow $2,750.00 420556 11462 - 53rd Street 2973 Total CHRISTIAN BUILDERS $2,750.00 Paid Chk# "018302 7/21/2003 NORTHLAND CHEMICAL CORP. E 101-41940-210 Operating Supplies (GENERAL) $175,62 71853 General Cleaning Supplies 2974 Total NORTHLAND CHEMICAL CORP. S175.62 Paid Chk#"0183 04��� � " 7/21/2003 W .,,., '-` .,PAT_ S"' 66" a ,� ",..� E 101-42000-212 Motor Fuels $135.09 33783 Fire Dept Fuel 2975 E 101-43100-404 Repair/Maint - Machinery/Equip $4.21 33783 Valve stem 2975 E 101-43100-212 Motor Fuels $8.26 88772 PW 2975 E 101-43100-212 Motor Fuels $16.93 88794 PW 2975 E 101-42400-212 Motor Fuels $35.00 89093 BD 2975 E 101-43100-212 Motor Fuels $32.47 90577 PW 2975 E 602-49400-212 Motor Fuels $40.00 90935 WWTF 2975 E 101-42400-212 Motor Fuels $40.50 90954 BD 2975 E 101-41400-200 Office Supplies (GENERAL) $24.25 90965 Water - Supplies 2975 E 602-49400-212 Motor Fuels $4.49 90970 WWTF 2975 E 101-43100-212 Motor Fuels $45.00 90998 PW 2975 E 602-49400-212 Motor Fuels $40.04 91105 WWTF 2975 Total PAT'S 66 $426.24 2003 PINNACLE PRINTING, INC. ..�.-.r., , , ...,,,,, E 101-41400-200 Office Supplies (GENERAL) $128.00 2078 Pre-printed Envelopes 2976 Total PINNACLE PRINTING, INC. $128.00 'PaidChk 018308 7/21%2003 RODEN, KEVIN E 101-42000-200 Office Supplies (GENERAL) $89.01 2197 Laminating Maps 2977 Total RODEN, KEVIN $89.01 Paid Chk# 018307 7/21/2003 ROCKFORD STATE BANK E 322-47000-611 Bond Interest $522.98 2003 Interest Interest Payment 2978 Total ROCKFORD STATE BANK $522.98 Paid Chk# �018306 7/21%2003 REED CONSTRUCTION DATA E 101-41100-351 Legal Notices Publishing $120.12 2367001 Constr Bulletin Ads 2979 Total REED CONSTRUCTION DATA $120.12 Paid Chk# 018310 fi 71 003 SPRINT - IL E 101-41940-321 Telephone $51.89 June-July2003 Phone -Long Distance 2980 Total SPRINT - IL $51.89 Paid Chk# 018309 7/21/2003 SECURITY STATE BANK OF MAPLE L E 322-47000-611 Bond Interest $522.98 2003 Interest 1992 GO Bonds 2981 Total SECURITY STATE BANK OF MAPLE L $522.98 Paid Chk# 018312 7/21/2003 TRUEMAN WELTERS E 101-45100-404 Repair/Maint - Machinery/Equip $30.04 070803 Maintenance 2982 Total TRUEMAN WELTERS $30.04 Paid Chk# 01831 ' 7/21/2003 TROJAN TECHNOLIGIES INC. E 601-49450-404 Repair/Maint - Machinery/Equip $496.30 10062937 General Maintenance 2983 Total TROJAN TECHNOLIGIES INC. $496.30 r; lb£rtvilje Smal! f;:..;<a UA.g. Big C;:y urs. CITY OF ALBERTVILLE *Check Detail Register© July 2003 07/17/03 5:01 PM Page 5 Check Amt Invoice Comment Claim Nbr Paid CInk # 018313 7/21/2003 U S BANK E 356-47000-601 Debt Sry Bond Principal $46,570.63 08012003 2000A GO Bonds 2984 E 355-47000-601 Debt Sry Bond Principal $15,257.50 08012003 1999A GO Bonds 2984 E 324-47000-611 Bond Interest $1,675.00 08012003 1993A Obligation Refunding 2984 E 353-47000-611 Bond Interest $3,585.00 08012003 1996A Bonds 2984 E 354-47000-601 Debt Sry Bond Principal $21,550.00 08012003 Public Facility Lease Bonds 2984 Total U.S. BANK $88,638.13 Paid Chk# '018314P 7/21%2003 VEIT DISPOSAL SYSTEMS ., . .n _., _., E 101-49300-660 Capital Projects Reserve $525.55 135784 Flood Disposal 2985 E 101-49300-660 Capital Projects Reserve $272.70 135786 Flood Disposal 2985 E 101-49300-660 Capital Projects Reserve $1,729.36 136095 Flood Disposal 2985 E 101-49300-660 Capital Projects Reserve $299.79 136096 Flood Disposal 2985 Total VEIT DISPOSAL SYSTEMS $2,827.40 Pa.d Chk# 018320 7121%2003 WRIGHT COUNTY MAYORS ASSOC. E 101-41100-433 Dues and Subscriptions $150.00 2003-2004 Du Mayor's Association Dues 2986 Total WRIGHT COUNTY MAYORS ASSOC. $150.00 Paid Chk# 018318 7/21/2003 WRIGHT COUNTY BAG COMPANY E 101-49300-660 Capital Projects Reserve ____--------------- $700.00 3534 Balance of Sand Bagging Rental 2987 Total WRIGHT COUNTY BAG COMPANY $700.00 Paid Chk#0183217/21/2003 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $3,297.00 063003 Recycling Contract 2988 Total WRIGHT RECYCLING $3,297.00 ...P�, Palo Chk# 018315 7/21/2003 WASTE MANAGEMENT . E 101-41940-384 Refuse/Garbage Disposal $156.24 0586501-1593- Refuse Waste Hauler 2989 Total WASTE MANAGEMENT $156.24 Paid Chk# 11 018316 7/21,&6 WEBER OlL COMPANY E 601-49450-212 Motor Fuels $279.31 47766 Fuel - Flood 2990 Total WEBER OIL COMPANY $279.31 Paid Chk#� 018322 7/21/2003 XCEL ENERGY E 601-49450-381 Electric Utilities $22.13 July 2003 Electric-Cty.Rd.18-Lift Statio 2991 E 601-49450-381 Electric Utilities $28.18 July 2003 Electric -Kaiser - Lift Station 2951 E 601-49450-381 Electric Utilities $100.60 July 2003 Electric-52nd St -Lift Station 2991 E 601-49450-381 Electric Utilities $211.37 July 2003 Electric-60th St -Lift Station 2991 E 101-45100-381 Electric Utilities $53.15 July 2003 Electric-58th St-P.Shelter 2991 E 601-49450-381 Electric Utilities $2,366.01 July 2003 Electric -Sewage Plant -Mac 2991 E 101-43160-381 Electric Utilities $3,904.83 July 2003 Electric -Street Lighting 2991 E 101-41940-381 Electric Utilities $655.56 July 2003 Electric -City Hall 2991 E 101-42000-381 Electric Utilities $247.96 July 2003 Electric -Fire Dept 2991 E 101-45100-381 Electric Utilities $224.87 July 2003 Electric-58th-Skating/Rink 2991 E 101-43100-381 Electric Utilities $70.24 July 2003 Electric-PW Garage 2991 E 101-45100-381 Electric Utilities $23.10 July 2003 Electric-51st St-P.Shelter 2991 E 101-43160-381 Electric Utilities $22.38 July 2003 Electric-CR 19 & 37 Traffic 2991 E 101-41940-381 Electric Utilities $20.75 July 2003 Electric-LaBeaux Park-n-Ride 2991 E 101-45100-381 Electric Utilities $7.73 July 2003 Electric -Main Ave -Parking Lot 2991 E 101-41940-381 Electric Utilities $3.77 July 2003 Electric-Oakside Siren 2991 E 101-43160-381 Electric Utilities $3,14 July 2003 Electric -Lander Lighting 2991 E 101-42400-381 Electric Utilities $70.25 July 2003 Electric - BD 2991 Total XCEL ENERGY $8,036.02 03 Paid ChE INC. 601 49 50-40421Repair/Maiinnt - Machinery/Equip achi eYOUNG p 375.00 11361 Repair - Brooks magnetic flowt 2992 12 CITY OF ALBERTVILLE 07/17/03 5:01 PM Page 6 NIbertville *Check Detail Register© - Smolt'S:.;ur, U09. Big Ci,y Uls. July 2003 Check Amt Invoice Comment Claim Nbr Total WILLIAM E. YOUNG CO., INC. $375.00 Paid Chk# '018319 7 i, 003 WRIGHT COUNTY HIGHWAY DEPT. E 101-43100-226 Sign Repair Materials $87 89 3842 Signs & Supplies 2993 Total WRIGHT COUNTY HIGHWAY DEPT. $87.89 PaidChk# 018323 7/21/2003 ZIEGLER E 101-49300-660 Capital Projects Reserve $978.21 R30004518 Trash Pump Diesel 2994 Total ZIEGLER $978.21 10100 Premier Bank $157,710.91 13 CITY OF ALBERTVILLE RESOLUTION NO.2003-24 A RESOLUTION RECOGNIZING VOLUNTEERS EDNA WEBER WHEREAS, the Albertville Royalty Committee promotes the City by organizing the Miss Albertville pageant events leading to the coronation of Miss Albertville and her attending royalty; and WHEREAS, Edna Weber has volunteered her time and work on the Albertville Royalty Committee since its inception; and WHEREAS, Edna Weber has tendered her resignation to the Albertville Royalty Committee; and WHEREAS, the Albertville City Council appreciates the dedication and devotion of volunteers who donate their time and effort in promoting the City. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville recognizes Edna Weber for her years of volunteerism and hereby presents her with a plaque of appreciation. Adopted by the Albertville City Council this 21s' day of July, 2003. Mayor ATTEST: City Clerk 14 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone:952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com r PLANNING REPORT��i, TO: Linda Goeb FROM: John Glomski / Alan Brixius DATE: June 5, 2003 RE: Albertville — Keep It Safe Self Storage FILE: 163.06 - 03.12 BACKGROUND Paul and Jack Parsons, chief managers of Keep It Safe, LLC, are requesting site and building plan review of a proposed seven building self storage facility to be located on Lot 2, Block 2, of Barthel's Industrial Park Addition. The subject site is 2.7 acres in area and is zoned 1-1, Limited Industrial District. Self -storage facilities are defined as warehousing activities within the context of the Zoning Ordinance. Such uses are allowed within the 1-1 District as a permitted use. The proposed project is utilizing seven separate structures on one parcel. As such, approval of a Conditional Use Permit is required. Attached for reference: Exhibit A: Location Map Exhibit B: Site Plan Exhibit C: Grading/Landscaping Plan Exhibit D: Utility Plan Exhibit E: City Engineer Comments ISSUES ANALYSIS Comprehensive Plan/ Zoning/ Land Use The Zoning map classifies this site as 1-1, Limited Industrial District and the Comprehensive Plan designates this area for future industrial development. As such, the proposed use is consistent with the comprehensive plan and designated zoning. 15 The Zoning Ordinance defines warehousing as the storage of materials or equipment within an enclosed building. Warehousing is allowed in the 1-1 district as a permitted use. The number of proposed units to be located on one parcel requires the approval of a Conditional Use Permit. Lot / Building Requirements The following table illustrates the applicable lot and building requirements of the 1-1 District. Lot Front yard Side Rear Maximum Maximum Maximum Width Setback yard yard Site Hard Building Setback Setback Coverage surface Height (Buildings) (including buildings) Required 100 feet 35 feet 10 feet 20 feet 30 % 85 % 35 feet Proposed 378 feet 1 40 feet 10 feet 30 feet 27 % i 65 The proposed buildings generally meet the lot and building standards for the 1-1 District. The applicant should submit scaled building elevation plans identifying building material and dimensions. For future reference, staff would prefer all plans to be submitted in a typical engineering scale (ie. 1" = 20' or 1" = 30'). Access The site:: is proposed to have two accesses off of Barthel Drive. The access to the north is 21.5 feet in width and the access to the south is 22 feet in width. Both accesses are consistent with the width and setback standards required within the Zoning Ordinance. The site) is planned to provide 24 hour a day, seven days a week, access to renters via a code activated motorized gate. Due to the site's proximity to residential land use to the west, staff has concern with regards to noise and lighting in the late evening and early morning hours. The Planning Commission should consider possibly limiting access to the site at certain morning and evening hours. (10 p.m. to 6 a.m.) Off -Street parking ! Circulation The site is designed to have a U-shaped circulation pattern, entering one access and departing the other. The plan provides for 25 foot drive aisles between the mini -storage structures. These widths are adequate for automobile or light truck circulation. Staff has concerns in regards to the turning radiuses not being sufficient to accommodate larger vehicles and in particular fire trucks. The applicant may consider reducing the lengths of buildings A through D to provide adequate space for maneuvering. The City's fire chief and engineer will make comment on the turning radiuses. The Zoning Ordinance does not specifically require off street parking stalls for self - storage facilities, however the ordinance does require three parking stalls plus one for every 200 square feet for the office area. As such, the site is required to provide five E 16 parking stalls. The site has provided four stalls, one short of the required amount. The applicant must revise the site plan to provide the one additional stall. All bituminous areas within the site shall have a continuous perimeter concrete curbing barrier. Building Requirements The applicant has submitted building elevation plans for both the north and west sides of the site. The plans are small in size and difficult to analyze due to the lack of a correct scale. The applicant should resubmit elevation plans that include both the east and south elevations, at a larger scale, identifying fapade material. The building fagade materials must meet the requirements of Section 1100.4 of the Zoning Ordinance, which includes limiting exposed metal on all sides abutting public right-of-way to 50% of wall area and 75% on other building sides. Landscaping The applicant has submitted a landscape plan which consists of a large portion of the site perimeter being landscaped with Rose Shrubs with three Maple Trees along the southern lot line. Staff does not feel that rose shrubs at 15 foot intervals effectively break up the massing of the buildings or offer year round landscape enhancements to soften the view of the buildings. The landscape plan is to be redesigned to provide a significant amount of conifer (ie. Black Hill Spruce) trees along the north, west, and east perimeters of the site. We recommend: 1. Providing a massing of rose shrubs near the entrance to accent these areas. 2. Replace the rose shrubs along the west side of the building with coniferous plantings that will offer year round landscaping and will serve to break up the building mass. 3. Provide additional landscaping along the south parking and driveway for screening of the active area. Fencing The applicant is proposing to install a chain link perimeter fence at certain locations within the site and a code activated motorized gate at each access point. Fences are not allowed to exceed eight feet in height. The applicant should include a fence detail which includes the height and type of fence to be constructed as well as revise the site plan to more clearly define the location of the fence. Lighting The applicant must submit a photometric plan, identifying light location and fixture type of all light within the site. Lights are to be 90 degree cutoff so as not to reflect glare onto adjoining property and or right-of-ways. 3 x Signage The submitted site plan shows a facility sign location at the northwestern portion of the site. Detailed plans, meeting the general standards of Section 9 of the Sign Ordinance, must be submitted and approved by City Staff. Trash The submitted site plan does not make any provisions for trash storage. The site plan is to be revised to identify a location for a trash enclosure which will be constructed of material that matches the buildings. Grading/Drainage The applicant has submitted a grading plan for the subject site of which the City Engineer has made comments attached as Exhibit E. Concerns listed within the Engineer's comments include the paving of the parking lot at less than 1.0% grade, making it highly probable for the creation of "bird baths" within the pavement, leading to premature pavement deterioration. A silt fence must be added along the boundary of the delineated wetland. Utilities The location of the sanitary sewer and water main services shall be verified prior to any work beginning. If the service stubs are found where expected, a cleanout will need to be added to the sanitary sewer service line. An outlet is required on the stormwater detention pond. The plan shall be revised accordingly. Storm water detention pond calculations shall be submitted for review by the City Engineer. Staff is concerned with the ability to provide adequate fire protection. No reference is made to the location of any fire hydrants. A fire hydrant is required by City Code to be located within 350 feet of every building. Plans are to be revised to meet this requirement. It should be noted that the storage of hazardous waste is not to be permitted on this site. RECOMMENDATION Staff recommends that the application be continued to next months planning commission meeting giving the applicant time to revise the plans to meet the conditions listed below; 1. Revised plans shall be submitted in a typical scale (ie. 1" = 20' or 1" = 30). 2. The City Engineer and Fire chief should make comment on the adequacy of the turning radiuses and fire hydrant locations. 4 18 s 3. The site plan must be revised to include one additional parking stall as required by code. 4. All bituminous area within the site shall have a continuous perimeter concrete curb barrier. 5. Building elevations are to be resubmitted at a larger scale, including the east and south elevations and illustrating facade materials meeting the requirements of Section 1100.4 of the Zoning Ordinance. 6. The landscape plan is to be redesigned to provide a significant amount of conifer (ie. Black Hill Spruce) trees along the north, west, and east perimeters of the site. Greater detail is to be included as to the size and dimension of trees. 7. The applicant is to submit a fence detail which includes the height and type of fence to be constructed as well as revise the site plan to more clearly define the location of the fence on the site. 8. The applicant must submit a photometric plan, identifying light location and fixture type of all lights within the site. Lights are to be 90 degree cutoff so as not to reflect glare onto adjoining property and/or right-of-ways. 9. A detailed signage plan for the facility sign is to be submitted and reviewed by City Staff. 10. The site plan is to be revised to identify a location for a trash enclosure which will be constructed of material that matches the buildings. 11. The grading of the parking lot is to be revised to more than 1.0% or additional storm sewer must be added. 12. Storm water detention pond calculations are to be submitted for review by the City Engineer. 13. Plans are to be revised to include an outlet on the storm water detention pond. 14. Plans are to show a silt fence along the boundary of the delineated wetland. 15. The location of the sanitary sewer and water main services is to be verified prior to any work beginning. 16. Hazardous waste material is not permitted to be stored within the units of this site. 17. Comments of other City Staff. 5 19 pc: Jon Sutherland Mike Couri Pete Carlson Paul and Jack Parsons 20 Site Location Map Keep It Safe Self Storage EXHIBIT A 21 7-16-03 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Conditional Use Permit/ Planned Unit Development Applicant's Name: Paul and Jack Parsons Request: The applicant is requesting a conditional use permit/planned unit development (CUP/PUD) and site and building plan approval to construct six self storage buildings on a 2.7 acre site. The subject site is zone 1-1, Limited Industrial District, and is designated for industrial use by the Comprehensive Plan. Planning Commission Public Hearing Date: June 10, 2003 City Council Meeting Date: July 21, 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 Planning Report dated June 5, 2003 prepared by NAC is incorporated herein.. B. Comments from the City Engineer are incorporated herein. C. The Planning Commission recommended approval of the application on the recommendations of the June 5, 2003 planning report, the June 10, 2003 report from Futrell Fire, and the City Engineer comments. D. The Conditional Use Permit is in substantial compliance with the Albertville Zoning Ordinance (with the conditions of approval outlined herein). E. The revised plans dated July 11, 2003 incorporated herein. F. Staff have reviewed the revised plans (dated July 11, 2003) and found them to address the Planning Commission recommendations. Decision: Based on the foregoing considerations and applicable ordinances, the conditional use permit planned unit development is approved based on the most current plans and information dated July 11 2003, subject to the following conditions: 1 Paui and Jack Parsons, Keep It Safe Storage Findings of Fact and Decision 22 Revised plans are to be submitted in a typical scale (Le. 1" = 20' or 1" _ 30') (Compliant based on July 11, 2003 plans) 2. The City Engineer and Fire chief should make comment on the adequacy of the turning radiuses and fire hydrant locations. 3. The site plan must be revised to include one additional parking stall as required by code. (Compliant based on July 11, 2003 plans) 4. All bituminous area within the site shall have a continuous perimeter concrete curb barrier. (Compliant based on July 11, 2003 plans) 5. Building elevations are to be resubmitted at a larger scale, including the east and south elevations and illustrating fagade materials meeting the requirements of Section 1100.4 of the Zoning Ordinance. (Compliant based on July 11, 2003 plans) 6. The landscape plan is to be redesigned to provide a significant amount of conifer (i.e. Black Hill Spruce) trees along the west perimeter of the site. Greater detail is to be included as to the size and dimension of trees. (Compliant based on July 11, 2003 plans) 7. The applicant is to submit a fence detail which includes the height and type of fence to be constructed as well as revise the site plan to more clearly define the location of the fence on the site. (Compliant based on July 11, 2003 plans) 8. The applicant must submit a photometric plan, identifying light location and fixture type of all lights within the site. Lights are to be 90 degree cutoff so as not to reflect glare onto adjoining property and/or right-of-ways. (Compliant based on July 11, 2003 plans) 9. A detailed signage plan for the facility sign is to be submitted and reviewed by City Staff. (Compliant based on July 11, 2003 plans) 10. The site plan is to be revised to identify a location for a trash enclosure which will be constructed of material that matches the buildings. (Compliant based on July 11, 2003 plans) 11. The grading of the parking lot is to be revised to more than 1.0% or additional storm sewer must be added. 12. Storm water detention pond calculations are to be submitted for review by the City Engineer. 2 Paul and Jack Parsons, Keep It Safe Storage Findings of Fact and Decision 13. Plans are to be revised to include an outlet on the storm water detention pond. (Compliant based on July 11, 2003 plans) 14. Plans are to show a silt fence along the boundary of the delineated wetland. (Compliant based on July 11, 2003 plans) 15. The location of the sanitary sewer and water main services is to be verified prior to any work beginning. 16. Hazardous, toxic, or flammable material are not permitted to be stored within the units of this site. (Compliant based on July 11, 2003 plans) Qr 17. Comm nts of ther City St ff Adopted by the Albertville City Council this 21't day of July 2003./o,4 (0 ,� /J Q /%� City of Albertvi Attest: Don Peterson, Mayor Linda Goeb, City Administrator 3 Paul and Jack Parsons, Keep It Safe Storage Findings of Fact and Decision 24 P"A ICU 4OIIP July 11, 2003 Linda Goeb City Administrator Albertville, MN Alan Brixius City Planner, Albertville Northwest Associated Consultants Peter Carlson City Engineer, Albertville Short Elliot Hendrickson Subject: Keep It Safe, Albertville Facility Attached, please find plans that have been revised to incorporate the recommendations required from the planning and zoning commission meeting (June 11, 2003). The plans include: Al - Site Development Plan A3 - Elevations of the facility North Side and West Side A4 - Elevations of the facility South Side and East Side A5 - Photometric Plan by Luma Sales Associates B1 -Dimension Plan C1 - Grading Drainage and Erosion Control by Meyer-Rohlin Inc. (sheet 1 of 3) C2 - Detail Sheet by Meyer-Rohlin Inc. (sheet 2 of 3) C3 - Certificate of Survey by Meyer-Rohlin Inc. (sheet 3 of 3) D 1 - Landscape Plan The Sign Plan by All-Brite Sign, Inc. is attached to this letter and storm water detention pond calculations will be supplied Monday 7/14, under separate cover by Dwight Gunnarson of Meyer-Rohlin. The specific recommendations outlined in NAC's Planning Report of June 5, 2003 have been addressed as follows: L All plans have been revised to a 1"=107, l"=20', or 1"=30' scale. 2. Drive areas have been increased to 30' to increase turning radiuses. Fire hydrant locations have been added and are in accordance with city ordinances. (see C1 - Grading Drainage and Erosion Control by Meyer-Rohlin Inc.) 3. Site plan has been revised to add one additional parking stall. J Parsons Group 8833 Cottonwood Lane, Eden Prairie, MN 55347 (612) 934-7297, fax (509) 356-0648, http//vYww 1parsonsgroup com 25 4. All bituminous areas within site have a continuous perimeter concrete curb bamer. 5. Building elevations have been re -scaled and will have cultured stone exteriors in accordance with Section 1100.4 of the Zoning Ordinance. 6. The landscape plan has been revised to use conifer trees (i.e. Black Hill Spruce and Blue Spruce) instead of zone 3 rose bushes. 7. Fence detail has been revised to include height and type of fence to be constructed. 8. Photometric Plan by Luma Sales Associates is included_ 9. Sign Plan by All-Brite Sign, Inc. is attached. 10. Trash enclosure has been added. 11. Grading of parking lot has been revised — see C l - Grading Drainage and Erosion Control by Meyer-Rohlin Inc. (sheet 1 of 3). 12. Storm water detention pond calculations will be submitted under separate cover by Monday 7/14 by Dwight Gunnarson of Meyer-Rohlin. 13. Plans have been revised to include outlet on the storm water detention pond. See C I - Grading Drainage and Erosion Control by Meyer-Rohlin Inc. (sheet 1 of 3). 14. A silt fence has been added along boundary of the delineated wetland. See Cl - Grading Drainage and Erosion Control by Meyer-Rohlin Inc. (sheet 1 of 3). 15. The location of the sanitary sewer and water main services will be verified prior to any work beginning. 1.6. Hazardous waste material is not permitted to be stored within the units of the site, as noted in the individual lease agreements for the facility. 17. Other comments include operating hours for facility to be 6a.m. until 12 midnight as recommended by the zoning and planning commission. Also, language in lease agreement to include usage clause to be supplied by Alan Brimus. Please contact me if there are any further questions or concerns. Thank you. Sincex sj Jacnrsons cc: Paul Parsons attachments J. Parsons Group 8833 Cottonti ood Lane, Eden Prairie, NIN 55347 (6 t-') 934-729', fax (509) 356-0648, http //w�vw.jparsonsgroup.com 26 v z z w Ir a 0 U U. LL d Q � W U N a 6 O r 0 2 O M ix Q ui W = Q W Occ L H C C _ C) U O J 7 H_ W d o Q� J �c7(n uj 9 y; 5 HZ Q o CL ® a F- Cl) > OC Z �_j ci o X cc C� W i) W � o w cc O o Y) w LU o �W H m � � a w W® O O w m S F— W u Q W L $ C w ° Z C cl n. = a U z CA a 0 O � U C M Q7 O t0 0) O \ Z roi -. ® 2N o 04 • 3 W # a Lu 9 LL O Z \ U d Q E c? 3 V00 N O � a S N M r y qqN T �..� Z :f ® O u) O T04 2 H 27 FROM :NAB FAX NO. :9525959037 Jul, 17 2003 10:OF_-AM P4,,10 I 1` I ,n I I I i 1 I V y i - .... ...� _lib —•y- _ � j Ia � n .�_ .• [.yam kk �... � �. y'y Ill _���.,,,e��'6ii"� -l7� 1�1 •M� � y Fti y V Y r I r l �CIp jt, CI CERTIFICATF I OF sun G FOP KGJP IT SAFE STORAGE Gil W. WN-ST BUILDING A BUILDING 6LTOING C 1 f GRADING PLAN hi t iH," it 42b (� lt Keep It Safe Self Storage I -, Landscaping Plan C'OC�7 1 7 ueld juqwd0j9AGC] 9 af5eicIS jj;QS ;;�ecj 11 d ■ it �I�j�l'NilaiGj�jj ..... .... .. NYId i!NBIAC ILIS NO 0 ONIC17M Y. =4, r. CNImine F lz of ?SVS OT,-,gd WL!eo:2T 20,07- L-, .1-f LzeGsss7s6: *0N XJ--' —1 FaNO. :95,293 Jul. 17 2003 12:1C'O;M e § } ■ ; o �-- a) Z �\Lu \ \$ / /. jLu- !� ! \ � ) /] FAX NC. :9525959B37 9 1 4 ; Jul. 17 2003 12-'09PM P7/10 0 LU f / � / /_ 2 LL 1 al c1l f �S \ § \ . � 'I\ �! � � FROIN ! HAC FAX NO. 9525959G37 Jul. 17 2003 12:04PM P3,,10 30VIiCIS _;�VS 11 03>1 TXM_W' WIN (rw Q ciAmNA=� ' w ads" *w � 13SHS W-L-50 A _=-o" ov� , '14 r I ;Tt;! MY IF 0- I I ar ik iY �!� (� jam` ;,7 it a' Sp 33 FROM : NA.' FAX NO. :9525959837 Jul. 17 2003 1 :02AM P2/10 I �Z, ,ji; r � k LA— � M j- 1k 1 \. ya � - ..•.-wu �. -.i�en \ rrt"4 ��� � I �I m M I I rfF I 1 K I �� iY r Iy heyy d ra //h��, �IlI � � E YPy� A �•�n h i F tic IM. fi I P'RGMCD .ws nue.; I+' onuo. 17 A i M1 . o� G y• I 1 I� f I j { ' S ORADW- DRAINAGE I y 7 AND o 3 5 EROSION CONTROL PLAN Q7 u (yl s .nw+s Inr w+-we W I nx i FOP �^ KMP it SAFE gTORAM IN FRX NO. :9052595907 Jl. 17 20:11RM P9/10 FROM N4-- FAX NO. : 95251359e37 y �� k ; veld UOISU9WIG 8!1 11" 96ejo;s ;Ies aoos 11 daa)i .1 Jul. 1-7 2003 12:12PM P1e/10 NV'Id ONIOV80 771 iI VDNCiins VNM IS J11 36 1 �o o � o <� /L �. dk a0 V� 1 J LL _ r iu u /\ 0 o- 3- J t ueld luawdolanaQ 01!S a6eaojS 119S ajeS 11 daa>j�j ml Q C II .5 c r TLC N� n SNI011nB 4 ='- „ o T 9 JNiOviInB �VJNlC11lna f - — -- r �Iw�rh Ti JNIMIS3M� A�� anuQ la�lUe9 BShS �� � z — buideospue�/buipI?a!D (fir c a w Ip u'^ Cm 4v`, caw O n fl _ rnrl�in` Z � N �a mm a6eaoiS ll@S a��S 11 daayj lw a LLI°��r T U z a CC 0 • 4 � -R we R �_ _ t - it 3 ONIOIInB R; a JNIMino J' i le !DNl4lln8 Ij `' l lid vl a -* V 9NIcnn9' E �JNIM 1S M e anu0 IaUve9 FSbS anuQ Ia4Ue8 8SbS UBId uoiSuE)WICI Nw 6a a g n ab'eaoIS jjaS al �� daay� a=,wgi x m rs I -3 DNlalln8 0 smulln9 { n E)NIOIIn8 I ,v 9Nlallne -t F; DNIM 1S3M_- - - --- ------ - --------- I , ani, Q layl e8 8St G MEMORANDUM 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320,229.4300 800.572,0617 320.229,4301 FAX TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: May 28, 2003 RE: Site Plan Review Keep it Safe Self Storage Albertville, Minnesota SEH No. A-ALBEV0301.00 D62 I have reviewed the above referenced site plan and have the following comments: 1. The plan sheets do not appear to be drawn to scale. The plans shall be redrawn to scale, preferable a 50 scale. 2. The location of the sanitary sewer and water main services shall be verified prior to any work beginning. If the service stubs are found where expected, a cleanout will need to be added to the sanitary sewer service line. 3. The proposed pavement grades are very flat, less than 1.0%. Experience has shown that it is very difficult for contractors to pave a parking lot at a grade of less than 1.0% and not have "bird baths". It is recommended that the Qrades be revised or additional storm sewer added. 4. Experience has shown that the proposed pavement section is not adequate. Considering the proposed grades on the pavement, there will be "bird baths" in the pavement, which will lead to premature pavement deterioration. 5. Storm water detention pond calculations shall be submitted for review. 6. No outlet is shown on the storm water detention pond. An outlet is required. The plan shall be revised accordingly. 7. Silt fence shall be added along the boundary of the delineated wetland. The plans shall be revised to incorporate these comments and resubmitted for further review. Please call me if you have any questions. c: Mike Court, City Attorney Alan Brixius, City Planner J. Parsons Group _�ccvtperslcarlsonAselfstorage.Goc Short Elliott Hendrickson inc. Yodr 7rUsted Rescurce Eaual Opportunity Employer EXHIBIT Fire Protection Engineering Suppression - Codes - Alarms Consult & Design, Inc. 8860 Jefferson Highway Osseo, MN 55369-i5oo Phone: 763-425-1001 Fax: 763-425-2234 www.ffcdi.com Jon Sutherland June 10, 2003 Building Official City of Albertville 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301-9976 Re: Review of Fire Department Access and Water Supplies Keep it Safe Self Storage 5458 Barthel Drive Albertville, MN Dear Jon: I have reviewed site plans for the new Keep it Safe Self Storage building complex that were provided to us by the City of Albertville. This report details my review of these plans to determine if they are reasonably in compliance with Chapter 5 of the 2003 Minnesota State Fire Code (MSFC) for fire service features including fire department access and water supplies. Futrell Fire Consult and Design Inc. (FFCDI) is involved in the review based on your city's contract with us to provide plan review services to the City of Albertville. Any comments in this review should be considered recommendations for your consideration, since FFCDI is not the Authority Having Jurisdiction for fire protection issues in the City of Albertville, nor is FFCDI the engineer or designer of record for this project. The scope of this review is limited to the fire service features and related site water supply for firefighting purposes. Any opinion of compliance should in no way be construed as approval or acceptance of the plans submitted by this contractor until they have received approval from the City of Albertville. This letter does not authorize the contractor to purchase materials or begin installation on the project. Finally, this review is based on evaluation with the codes and standards applicable to Minnesota and does not include determining compliance with provisions in bid documents, contracts or insurance standards. Insufficient information was provided to allow the complete plans to be reviewed. In those areas where information is missing, we have summarized the applicable fire code requirements to provide the City with the appropriate requirements. Albertville Plan Review — Keep it Safe — 5458 Barthel Drive — June 10, 2003 Page 1 of 5 Based on the fact that insufficient information was provided, this submittal does not appear to be in compliance with the codes and standards as indicated. I recommend that the City of Albertville find the submittal not acceptable, pending compliance with the items identified below, submission of updated plans and any subsequent reviews you feel necessary. MATERIALS REVIEWED This plan review is based on the following materials submitted to FFCD1- • Drawings Al, B1, C1 and D1 by the J. Parsons Group dated May 13, 2003. • Topographical Survey for Barthel Homes dated January 3, 1980. • Lot Survey dated May 20, 1999. • Drainage plan dated Jun 22, 1979 It is expected that this review would need to be modified based on data not included in the above list, should all of the relevant material not be provided. Information about specific materials in the form of manufacturer's cut sheets or literature were not provided, thus this review does not include analysis of any specific product or its suitability for use. STANDARDS USED TO CONDUCT THIS REVIEW This plan review is based on the following standards as adopted in Minnesota: • Minnesota State Fire Code (2003) comprised of the 2000 International Fire Code plus state amendments (SFC). • Minnesota State Fire Code (2003) optional Appendix Chapters B, C and D. • NFPA 13 (1999) edition. ADDITIONAL INFORMATION USED TO CONDUCT THIS REVIEW Based on a review of the plans, it appears these buildings most nearly resemble- 1 . These buildings appear to be Type III-B construction, although the plans show insufficient information to verify the actual construction type! If they are not Type III-B construction, we would need to modify our conclusions. 2. Maximum building size: 6,500 square feet. 3. Type "S-1" Storage Occupancy. 4. Single story building. 5. Not protected with automatic sprinklers. Listed below you will find the items included in the review and whether or not they appear to comply with the provision in the Minnesota State Fire Code, the NFPA Standards, or other nationally recognized standards: Albertville Plan Review — Keep it Safe — 5458 Barthel Drive — June 10, 2003 Page 2 of 5 General: 1. Fire apparatus access roads and water supplies for fire protection shall be installed and made serviceable prior to and during the time of construction [MSFC (2003) Section 501.4]. 2. Premises identification is required as indicated in MSFC (2003) Section 505. 3. The building will require a key (Knox) box located as approved by the Fire Chief [MSFC (2003) Section 506]. For self storage facilities, we recommend this be outside the fenced area and include keys to open the security fence around the facility. If the fence is opened by electronic means, it must be openable from the outside by the fire department (such as through key or card access, for example). 4. Fire Department access to equipment and labeling of rooms is required [MSFC (2003) Section 510]. Fire Department Access Roads: 5. Based on the current layout, buildings D and E are over 500 feet from the road providing access to the building (Barthel Drive). Given that this exceeds the 150 feet permitted by MSFC (2003) Section 503.1.1, it appears the following components, at a minimum, must meet the specifications for a fire apparatus access road in MSFC (2003) Section 503: • Both driveways into the facility • The road between buildings A-D and the North wing • The road to the south of buildings A-D • The road to the east of building D 6. This selection of roads would thus create a loop though the property that would be considered the fire department apparatus road. 7. Dimensions, construction, surface, turning radius, and grade shall comply with MSFC (2003) Section 503.2. Based on MSFC Appendix Chapter D, nationally recognized standards of good practice, and data applicable to typical fire department ladder apparatus, we recommend a minimum 33-foot inside turning radius and 48 foot outside turning radius for the access road around the building, with a minimum clear unobstructed width of 20 feet. This could be larger based on any special apparatus in your fire department. 8. It appears that dimensions within the apparatus road are in compliance with the MSFC, but insufficient space is provided to turn around the SE and NE corners of building D. The minimum turning radii given in item #7 above should be provided. 9. We recommend posting of the fire apparatus access road around the building for no parking or signage to indicate that the apparatus road should not be obstructed at any time [MSFC (2003) Section 503.3 and 503.4]. MSFC (2003) Appendix D recommends posting "no parking" on at least one side for roads between 20 feet and 26 feet wide such as is provided here. 10. The two security gates to the facility should provide the full 20' required width when open [MSFC (2003) Section 503.6]. Albertville Plan Review — Keep it Safe — 5458 Barthel Drive — June 10, 2003 Page 3 of 5 43 Fire Department Water Supplies: 11. Fire protection water requirements shall be in accordance with MSFC (2003) Section 508 and MSFC Appendix B (a nationally recognized standard). For a non- sprinklered, Type III-B, structure of 6,500 square feet total floor area, the minimum fire flow is required to be 1,750 gpm for 2 hours with a minimum residual pressure of 20 psig. 12. We do not have information on the available water supply at this time, so this portion of the plans could not be verified (no water supply or hydrants are shown). 13. Fire hydrant locations shall be in accordance with MSFC Appendix C (nationally recognized standard). The minimum recommendations based on the MSFC are that: • Fire hydrants be provided along Barthel Drive, preferably one near each of the two gates to the property. • An average spacing between hydrants of 500 feet is provided. • Additional hydrant(s) be provided on the property such as the SE and/or NE corner of the fire department access road. • A minimum flow rate of 1.750 gpm at 20 psi be verified. 14. Because they are subject to damage by vehicles, we recommend that any fire hydrants located in the property be protected from vehicle impact according the MSFC (2003) Sections 508.5.6 and 312. This review is not necessarily intended to indicate all of the deficiencies on these plans, nor does this review relieve the designer of any of their responsibility to furnish documents in accordance with the State of Minnesota, the State Building Code, the Minnesota State Fire Code, NFPA or other recognized standards. If you have any questions or wish to discuss the contents of this letter, please feel free to contact me. Sincerely, FUTRELL FIRE CONSULT & DESIGN, INC. Richard Pehrson Fire Protection Engineer cc: City of Albertville — Ms. Linda Goeb, City Administrator City of Albertville — Mr. Kevin Roden, Fire Chief Albertville Plan Review — Keep it Safe — 5458 Barthel Drive — June 10. 2003 Page 4 of 5 DISCLAIMER This report has been prepared by FFCDI based on the information available to us as provided by the client and is limited to a review of the fire service features and water supply as defined in Chapter 5 of the MSFC for this facility. FFCDI has not determined if the client or building is in compliance with.any laws, rules, codes or standards. The scope of this report is limited to that in the contract between the client and FFCDI and is not to be used for other designs, locations, installations or situations outside those for which it was intended. FFCDI is not responsible for implementation, interpretation or confirmation of recommendations or requirements, including those indicated in this report, unless provided for in additional contracts outside the scope of the current work. Should the client not retain the services of FFCDI to review the implementation or any other use of this report through site observation, inspection, or audits, then the client and any end users agree to assume full liability and responsibility for the verification, implementation, interpretation, or any other use of this report and its findings for any purpose including, but not limited to development of construction documents, approval, or any other implementation in any form. Additionally, the recommendations in this report are based on responsible parties, other than FFCDI, such as the building owner/operator maintaining the fire protection, systems, maintenance, housekeeping and storage in accordance with local, state and national laws, and nationally recognized standards, including those outlined in this report. Report copyright FFCDI 2003. ,"Abenville Plan Review - Keep it Safe - 5458 Barthel Drive - June 10, 2003 Page 5 of 5 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone:952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Albertville Planning Commission Linda Goeb, City Administrator FROM: John Glomski / Alan Brixius DATE: June 25, 2003 RE: Albertville — Kollville Estates 3`d Addition - Preliminary Plat FILE NO: 163.06 — 03.09 BACKGROUND Leduer-Munsterteiger Properties has submitted plans for development of 66 single family lots as part of the Kollville Estates project. The proposed project is the third and final addition of the 64 acre site. The site is located in the northwest quadrant of the City of Albertville and is bound on the north by CSAH 37 (65th Street), on the east by Parkside 2nd Addition, to the south by Fairfield Addition and to the west by Cedar Creek North. The northern 22 acres was developed within the first two additions and consists of 127 townhouse units. The remaining 42.2 acres is proposed to be developed as single family residential, with a 4.2 acre park at the northwest corner of the site. This concept was submitted and approved in February of 2000. Attached for reference: Exhibit A: Site Location Map Exhibit B: Preliminary Plat Exhibit C: Preliminary Grading and Drainage Plan Exhibit D: Preliminary Utility Plan Exhibit E: Winter Park Layout Kollville Estates 3`' Addition ISSUES AND ANALYSIS Comprehensive Plan The site is located within District 1 of the Development Framework of the Comprehensive Plan. The northern portion of the site is designated for Medium Density Residential development, the northwestern portion of the site is designated for future park and open space and the southern 40+ acres is designated for low density residential development. The proposed use is consistent with the Comprehensive Plans designation as well as the surrounding land uses. Zoning The subject site is zoned R-1 A, Low Density Single Family Residential District. The proposed single family use is consistent with the zoning. The proposed project has a gross area density of 1.56 units per acre which is consistent with the City's general definition of low density. Performance Standards The following tables illustrate the performance standards of the R-1 A district. R-1 A Required Proposed/Status Lot Area 15,000 Compliant Lot Area (corner or through lot) t81M Bloc 4, Lot 10 ' o 6Lo-ot9 BI t 1 Futurt 6 Usable/buildable upland 80% of the required minimum lot ! Compliant area (12'000 square feet) Lot Width 100 feet (interior) Compliant 120 feet (corner) Front Setback 30 feet _ Compliant Side Setback (corner) 30 feet Compliant Side Setback (interior) 15 feet Compliant Rear Setback 25 feet _ Compliant Site Coverage (buildings and 25% of lot area Not Available at this time structures) Maximum Building Height 35 feet Not Available at this time j As can be seen from the table, the proposed lots are generally consistent with the requirement of the zoning ordinance. There are a small number of lots that do not meet the 18,000 square foot Lot Area requirement for corner lots within the R-1A district. These lots, as noted within the table, need to be redesigned to meet the standards of the zoning. Kollville Estates 3f' Addition Circulation / Access The site will be accessed via 62nd Street to the West, 62"d Street to the east, and Kahl Avenue to the south. Access points have been established based on subdivisions of adjoining properties. The existing farmstead at the southeastern portion of the site will be access via an existing private drive extending south from 62"d Street. 61't Place will be stubbed just east of Kaitlin Avenue until the owner decides to subdivide, at which time the private drive will cease and a cul-de-sac will be extended from the stubbed street to serve the seven future lots. Albertville's street design standards as described in the subdivision ordinance, Section 600.7 are as follows: Local Street: 60 foot r.o.w. width Local Street: 60 foot r.o.w. width ( with sidewalk in r. o. w. ) 36 foot pavement width (curb to curb) 34 foot pavement width (curb to curb) The proposed streets appear to have 60 foot right of ways. The street designs should be consistent with those of the adjoining subdivisions. The plans show an eight foot bituminous trail along the northern side of 62"d Street from the western portion of the site to the eastern portion of the site and connecting to Kollville Estates 2"d Addition to the north. Staff suggests that the bituminous trail be extended between lot 5 of block 1 and lot 1 of block 2, connecting the trail to the future park. Grading and Drainage The Preliminary Plat indicates a storm water retention pond on Outlot A in the eastern portion of the site. All grading, drainage and utility issues are subject to review and approval of the City Engineer. Wetland Mitigation Three wetlands have been delineated within the site. The City Engineer should make comment as to the filling of these wetlands. Landscape/Screeninq A landscape plan illustrating locations of existing trees and planned vegetation must be submitted and reviewed prior to final plat application. The landscape plan should pay special attention to the northern border of the site, where effective landscaping will serve as a buffer from the higher intensity residential use to the north. Park Dedication The City of Albertville requires a 10% land dedication or per unit cash dedication in lieu of land for each subdivision. The Albertville Comprehensive Park and Trail System Plan calls for approximately 18 acres of land in this area of the City for the development of a "community park", identified as Winter Park. The proposed layout of Winter Park can be 3 Kollville Estates 3`' Addition 48 seen in Exhibit E. The subject site, including both the first and second addition, consists of a total 64.92 acres of land. The required amount of parkland for the first to additions were taken at the time of their development. The applicant is proposing to dedicate the northwestern most corner consisting of 4.2 acres (10%), completing the needed area requested for Winter Park. The plans show a 13,705 square foot wetland located within the, proposed parkland dedication. The City Engineer should determine if the wetland influences the amount of buildable parkland being dedicated. If the wetland is not buildable, either the park should be expanded by 13,705 square feet or the applicant should pay a parkland fee equivalent to the value of the land. RECOMMENDATION Upon review of the proposed project, it is staffs view that the 66 proposed single family residential lots are consistent with the intent of the comprehensive plan, the standards of the Zoning and Subdivision Ordinances as well as the approved concept plan. As such, staff recommends approval of the preliminary plat, subject to the conditions listed within this report. Preliminary Plat 1. Motion to recommend approval of the Preliminary Plat to be known as Kollville Estates 3`d Addition, based on a finding that the land use pattern is consistent with the City's Comprehensive Plan, subject to the following conditions; a. Lots 9 and 10 of Block 4, Lot 1 of Block 6 and Future lot 6 need to be redesigned to meet the LAe&square foot lot area requirement for corner lots in the R-1A District. b. The street design and widths are to be consistent with those of the adjoining subdivisions. C. Staff suggests that the bituminous trail be extended between lot 5 of block 1 and lot 1 of block 2, connecting the trail to the future park. d. All grading, drainage and utility issues are subject to review approval of the City Engineer. e. The City Engineer should make comment as to the filling of the wetlands. A landscape plan illustrating locations of existing trees and planned vegetation is to be submitted and reviewed by City Staff prior to final plant application. The landscape plan is to pay special attention to the northern border of the site, creating a buffer between the low density residential use and the higher density townhouses to the north. q Koliville Estates 3rd Addition 49 g. If the City chooses not to approve the 4.2 acre park dedication due to the determination that the wetland is not usable land, the park is to be expanded by 13,705 square feet or a parkland fee of an amount determined by the City Council to be equivalent in value to the land is to be paid. PC: Mike Couri Pete Carlson Linda Goeb Any additional comments of City Staff. 5 Kollville Estates 3`d Addition 50 OFFICIAL ZONING MAP Ell A-1, Agricultural Rural R-6, Residential High Density Z B-V1, Business Warehouse r� A-2, Agricultural Transitional R-7, Special Purpose High Density ❑ 1-1, Light Industrial n R-1A, Low Density Single Family _ZJ Lj R-8, Mixed Housing I-1A, Limited Industrial - R-1, Single Family Z R-MH, Manufactured Housing Residential❑ 1-2, General Industrial, Z R-2,Singie & Two Family ❑ B-1, Neighborhood Business a PUD, Planned Unit Development Z R-3, Single & Two -Family l B-2, Limited Business P/l, Public,lnstitutional Z R-4, Low Density Multiple Family _ B-3, Highway Commercial S, Shoreland Overlay E R-5, Medium Density Multiple Family i�'. B-4, General Business ❑ IN, r,Jetland Overlay CITY OF ALBERTVILILE - WRIGHT COUNTY - MINNESOTA 8-1 7-99 -told IH-11u131id NA N01I100H Qry�lij S�J H1S� �lll/Illajl � ✓JS T'JUNN ]T'�5 tN0 d0.' 15 AP G]v.,Jl rJ I r Lw Lm,r b -a OS A0.7/+�153_ OoI i—'S oil 0 I Fx *I 3 4 0 J I I I i �V i 11' 77 J J )4 f )) C2- Dll N5IS3D 311S A11lvf1D C Nei a iaioi ° 1 i e- y - -- i tJ i ' l i Ft 1 . / ` ' Pic /�f' ��C� /,'l ;�'`�, t�' , �-' � ✓ �;�_ � ��r;=, , �I . , j9 A Y 1 I' / `,1 /� I % �1 �j r��-{�"� '� C\ ►1�.'/\/ ,/�y/i\\\''"'X! �� x' s"���� �,��f'rI I',J � .,Tvw i I ' " ��� �� � � � .`4" �' f � � i'73iiT �'�I✓ /'� �� ,- � �, � r` --i� I d 111�� � �, '�i�� �'. i l l i 0 TT((S' 1 yi Y \ i 1'L ylk�� 1'4 �,y l Y" I- 8 w r NOii!0Jd C�JIH1 _Un ail Noisaa ails unvno Q )� SMe GaOIJa GS a �.� 5]C OI 0 M� r 1 I I I� ny / � 1 3n$ N54N8v)4— P = y All 1�,1 e I' li �,pltll I sk r ' �rj � r �r-k�1S�o,.at t .� � �"-',ax, � ,r�,h% r� 7•.�',►� II 7-11-03 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Preliminary Plat Applicant's Name: Leduer-Munsterteiqer Properties Request: The applicant is requesting a Preliminary Plat to be known as "Kollville Estates 3`d Addition". The project is the 3`d and final addition of a 64 acre site. Kollville Estates 3`d Addition will subdivide a 42.2 acre site into 66 single family residential lots with a 4.2 acre park located at the northwestern portion of the site. The subject portion of the site is designated for Low Density Residential Use in the Comprehensive Plan and is zoned R-1A. The site is proposed to be developed under the R-1A district standards, consistent with its zoning. Planning Commission Public Hearing Date: July 8th, 2002 City Council Meeting Date: July 215t, 2003 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following findings of fact and decision: A. The Planning Report dated June 25th, 2003 prepared by NAC is incorporated herein. B. Comments from the City Engineer are incorporated herein. C. The Planning Commission held a public hearing on July 8th, 2003 to consider the development application and take public testimony. The Planning Commission recommended that the Council approve the application request, with the revisions to the conditions listed within the June 25th Planning Commission report, based on the following findings; The Preliminary Plat is in substantial compliance with the design standards of the Albertville Zoning Ordinance. Decision: Based on the foregoing considerations and applicable ordinances, the Preliminary Plat to be known as "Kollville 3`d Addition" is approved based on the most current plans and information received to date, subject to the following conditions: The street design and widths are to be consistent with those of the adjoining subdivisions. Kollville 3Id Addition Findings of Fact and Decision 2. The bituminous trail is to be extended between lot 5 of block 1 and lot 1 of block 2, connecting the trail to the future park. The trail between lots 9 and 10 of block 2 is to be considered optional. 3. All grading, drainage and utility issues are subject to the review and approval of the City Engineer. 4. The City Engineer should make comment as to the filling of the wetlands. 5. If the City chooses not to approve the 4.2 acre park dedication due to the determination that the wetland is not usable land, the park is to be expanded by 13,705 square feet or a parkland fee of an amount determined by the City Council to be equivalent in value to the land is to be paid. 6. Lot 3 of Block 5 is to be revised to creating a more typical rear lot line for Lot 5. Adopted by the Albertville City Council this the 21" day of July, 2003. Attest: City of Albertville Don Peterson, Mayor Linda Goeb, City Administrator 2 Kollville 3Id Addition Findings of Fact and Decision NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Par-k; ivlN 55416 Telephone: 952-595.9636 Facsimile: 952.595.9637 plan ners(Q:nacplanning.com MEMORANDUM T0: Linda Goeb / Jon Sutherland FROM: Alan Brixius DATE: July 16, 2003 RE: Albertville —Albertville Premium Outlets Sign Plan FILE NO- 163.06 — 03.11 With the sale of the Albertville Outlet Mall from JMJ to Chelsea Property Group, the new owners wish to update the signage for the Outlet Mall's Phase I, 11, and III. Revised signage plans have been submitted and reviewed by staff and we offer the following comments. The overall sign renovation will change the name of the facility from Outlets at Albertville to Albertville Premium Outlets. A new sign, color and configuration are being proposed. Large Pylon Identification Sign. The center has one large pylon identification sign located in the southwest corner of the shopping center along Interstate 94. The applicant is proposing only to change the sign face on this sign. As such, it meets all the past approvals. Small Pylon Identification Sign. The applicant has a small pylon identification sign located at the entrance of the shopping center Phase 11 at County Road 19. The applicant is proposing to just change the sign face of this pylon sign. The size and dimension have not been modified. As such, it is compliant with all past approvals. Tower Identification Signage on Building. In Phase II, at the east and west end of the Phase II building, there exists two towers with signage. The applicant is proposing to change the tower identification to remain it the same size and manner as it is today. The change constitutes a change in the sign face. As such, it is consistent with past approvals. Phase III Center Identification Signage. A new monument sign is being proposed at the entrance of the Phase ill Outlet Mall. The proposed sign is of monument design. The height of the monument is 10 feet above grade and 15 feet in length. The total sign area, exclusive of the base, is approximately 75 square feet in sign area. The configuration is consistent with the other freestanding signs and found to be acceptable in relationship with the overall shopping center planned unit development. We would note that the proposed monument sign must be set back 10 feet from the property lines and may not be located within any easement as regulated by the City Sign Ordinance. Directory Signage. In December of 1999, the City Council approved an amendment to the Outlet Mall comprehensive sign plan to establish directory signs at strategic locations within the mall to identify business tenants. The approval included proposed signage to be 7 feet 5 inches in height and have a total sign area of approximately 22.5 square feet. These signs are intended to include a tenant listing and a location map to assist mall customers in finding their desired store. Chelsea Group is now asking for revised directory signage consistent with the previous approved signage. The locations appear to be consistent with what was approved in 1999. Directory signage is also being proposed within the pedestrian plaza proposed in Phase III. The location appears to be appropriate based on staff review. We have contacted Nancy Moorman of the Collaborative Inc. to notify that the aforementioned revisions were consistent with past approvals and have been found to be acceptable and they could proceed with the change over in those signs. Ms. Moorman also asked for consideration of a new type of sign which is identified as vehicular directional signs. These directional signs are intended to provide directions for the motorists circulating through the site to find the store that they desire or public open spaces such as rest rooms, parking areas, or office entrances. Staff indicated to Ms. Moorman that this is ancther additional sign above and beyond what was originally approved and would require City Council consideration for its introduction into the site. What is being proposed within Phase 1 and II is six vehicular directional signs located along the main drive. Within Phase III, four vehicular directional signs are being proposed along the main drive. Chelsea Group is suggesting that the proposed signs would each be two feet wide by three feet tali and approximately six feet high above grade. Examples are illustrated in the attachments provided with this report. Upon staff review, we initially raised concern that the additional signage would just be additional clutter to the site, however, in view of the proposed placement and limited number of signs within these large sites, they may be warranted to improve traffic. circulation. City Council should approve the acceptability of "these vehicular directional signs and we will forward that information onto Ms, Moorman. pc. Jon Sutherland 59 N z o W W M p 1 § f ` W x G svi pue .ac�n. o, e>.4e/�4 Fb I: ,s ,s, oi, rah wwpue p ,_. _lc ras_.n � �n/pas^apaisouaiepe,w,u._vEirp Euzsav scCino a/,io/ase valenrn//rpue sLumesC asayl 6L AdMHDIH AlNnOD T- rr 71 Hj 4 ���I�IIII�I E nr III I I'n I�II�I111''� I (��L111!IIII! �III:IIII � II( �11I"�tt+ ICI III i Ilii'� L T1 TAIL Ali :. II iII p��� 4= E o G a a � � m � c o � a 3 0 m � � O®®Gill i �Q tiQ f� i i zz� i `orb m M N IN � v Q Q. ls::; Pue u' ys ��o! I ire/TG Fa I: 'p snw I, Gl1a 6u11unou. pve �uo.:F awFllY s / � ol� A- tivlszaNra e. �4 Pan .,q o/lo�a,rM F for spJ/nEa Nia'a urpr P,/�sf,'me/F asaal G T c 0 .Q' a �m �Z a ~ w IS STOP `-J TRUCK Cu, IJI m` 4 1 I a6e •wS � �� $ �- I� I � �� 2 I T i •' fir, 00 4ZA��----� e E qn I I II �j .?i-'-L"'l� yt � �.7 / ��� I I I Ali L t`� �3 I ': I , �! .\ it I •fig , EI bJ7— dill-4WK % - FI f 4—L- AlI 1 I I I n AA ww.4 6L .>,b•MH91H AiNnoD J? QJ Rqj CL NO z O f,—"q ..' —, — ubql '�' M M 'w+eY�v<rvg=*�nnavx+cr.xa?.wrxAw..W::M: .ma.a..�;x: rvoua..i,w�us auwn+an axa-.3�•ox,m �v �.azuv�uwaaat.�r..:r,.ccy,:rer+<;cw:,r-u. .rx-ro:.�.van w.omru;4,;:v aec:onam+.y�� >,o,.a.�,n--xc 01 (31 Q) cl TZ P.e t"'—p" T. —p pc. 11 P" x—,, P,e 'E--p q, (L Eno Z LLJ 4 ri FAal L- Z;- LU 0 Ln NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. 'Louis Park, MN 55416 Telephone: 952.596.9636 Facsimile: 952.595.9837 plannersLc_Inacplanning.com MEMORANDUM TO: Linda Goeb FROM: Bob Kirmis/Alan Brixius DATE: July 16, 2003 RE: Albertville — Community Directional Sign FILE NO: 163.05 - 03.06 Attached please find a draft Request For Proposal (RFP) for a community directional sign (dated 7/16/03). Please distribute copies of the draft document to the City Council for review and comment. Once comments of staff and the Council are received and incorporated, it is anticipated that a finalized version of the RFP will be sent to various sign companies. If you have any questions regarding this material, please advise. pc. Mike Couri R7 DRAFT 7/16/03 REQUEST FOR PROPOSAL FOR A COMMUNITY DIRECTIONAL SIGN CITY OF ALBERTVILLE, MINNESOTA City of Albertville 5975 Main Avenue Northeast Albertville, Minnesota 55301-0009 CITY OF ALBERTVILLE REQUEST FOR PROPOSAL TABLE OF CONTENTS Request for Proposal II. Instruction to Proposers ? Definition Purpose Location Performance Standards Permit Requirements Time Table Pre -Proposal Conference Cost Incurred by Proposer Right to Reject and/or Negotiate Review of Proposal Rules and Regulations III. Proposal Attachment 1: Qualification Form ? Attachment 2: Financial Statement ? Others????? 69 CITY OF ALBERTVILLE REQUEST FOR PROPOSAL The City of Albertville will receive sealed proposals on or before , 2003 at 4.30 p.m. from qualified companies to design and construct a community directional sign (or signs) within the City. The completed proposal -must be submitted in a sealed envelope, addressed to Linda Goeb, City Administrator, Albertville City Hall, P.O. Box 9, Albertville, Minnesota 55301-0009, and plainly marked on the outside as follows. - COMMUNITY DIRECTIONAL SIGN PROPOSAL ALBERTVILLE, MINNESOTA IT WILL BE THE RESPONSIBILITY OF THE PROPOSER TO DELIVER THE PROPOSAL TO THE ALBERTVILLE CITY HALL ON OR BEFORE THE CLOSING HOUR AND DATE SPECIFIED A pre -proposal conference is scheduled on , 2003 at at the Albertville City Hall located at 5975 Main Avenue Northeast, Albertville, Minnesota Because the proposal will include subjective design features, the City of Albertville does not bind itself to accept the lowest fee but reserves the right to accept the proposal determined to be in the best interest of the City of Albertville, to waive any irregularities in any proposal and/or reject any or all proposals for any reason, and to re -advertise for new proposals. For further information, please contact Linda Goeb, City Administrator at 763-497-3384. 70 CITY OF ALBERTVILLE REQUEST FOR PROPOSAL INSTRUCTION TO PROPOSERS Definition. As indicated, the City of Albertville is requesting proposals from qualified companies to design and construct a community directional sign within the City. For the purpose of this Proposal, a community directional sign will be defined as: An off -premise sign owned by the City that is designed to direct pedestrians or vehicle traffic to business area destinations within the community. Purpose. The purpose of erecting a community directional sign in the City is twofold. The erection of such sign at a key visible location will both welcome persons to the City (through a gateway type design) and direct them to various business areas. Albertville's exposure to Interstate 94 makes it a highly visible community. In this regard, the City acknowledges an opportunity to use such visibility as a means of projecting a positive community image. It is believed a "gateway -type" sign at a key location or locations will further this community objective. Recognizing this interstate visibility, most passersby are likely aware of commercial uses located along the interstate corridor but may not be familiar with other less visible businesses in the community (i.e. downtown businesses, the golf course and the Northwest Business Park). It is believed a community directional sign that identifies business areas (or possibly individual businesses) will assist both business owners (by attracting business) and patrons alike. Location. The community directional sign will be located upon private property (within a sign easement) located in the southeast corner of County Road 37 and Main Avenue (see attached Exhibit A). Performance Standards Design Features 1. Gateway Design. As indicated, a purpose of the community directional sign is to function as a "gateway" feature for the City. In this regard, the design of the sign must include a visible reference to the City of Albertville and exude a feeling of welcome. Creativity in this regard is encouraged. 2. Directory Component. The directional sign shall include a directory feature that can identify up to six attractions and/or locations. 4 71 CITY OF ALBERTVILLE REQUEST FOR PROPOSAL 3. Reader Board. The directional sign shall be designed such that it can accommodate a reader board of a size that would allow the presentation of community messages and/or special events. Siqn Type. The directional sign shall be a monument type. While not defined by ordinance, a monument sign is considered a type or style of ground sign that is characterized by a block -type structure, not supported or elevated above ground by poles or braces. Area. The sign area shall not exceed 100 square feet. Height. The sign shall not exceed 12 feet in height. Sign height shall be measured from the elevation of the crown of the adjacent roadway (County Road 37). Materials. The directional sign shall be finished in high quality, finish materials. Materials such as stone (or simulated stone), brick etc. shall be considered. Illumination. The sign shall be internally illuminated. The source of the light may not be visible from neighboring properties or rights -of -way. Permit Requirements. Because the City will own the community directional sign, it will be exempt from sign permit requirements. Timetable. (All times and dates are subject to change) ITEM DATE j RFP available for distribution ? Pre -proposal conference ? j Deadline to receive proposals ? Interviews (if conducted) r�Selection of Proposer ? ? j Contract approval ? Contract start date Pre -proposal Conference. A pre -proposal conference is scheduled for , 2003 at the Albertville City Hall (located at 5975 Main Avenue Northeast, Albertville Minnesota). The purpose of the conference is to provide an opportunity for prospective proposers to ask questions and request clarifications. Costs Incurred by Proposers. All expenses incurred for the preparation and submission of the proposals, for any effort required or work performed in connection 72 CITY OF ALBERTVILLE REQUEST FOR PROPOSAL with the proposal shall be the responsibility of the Proposer and will not be reimbursed by the City. Right to Reject and/or Negotiate. The City has the right to reject any and/or all proposals, or to waive any irregularities. The City also does not bind itself to accept the lowest fee offer, but reserves the right to accept any proposal which is, in the judgment of the City, the most advantageous to Albertville. The City may award the contract on the basis of initial offers received but reserves the right to enter into contract negotiations with the selected Proposer. If a successful contract cannot be negotiated, the City may terminate negotiations and begin negotiating with the next selected Proposer. This process may continue until a contract has been executed. Review of Proposals. Each proposal will be reviewed to determine if the proposal is responsive to the requirements specified herein. Non -responsive proposals will be eliminated and will not be reviewed for further consideration. The primary criteria to be used to evaluate each of the responsive proposals will be as follows: • Proposer's experience on community sign design and construction. • Fulfillment of intended sign purposes (gateway feature and business identification) • Sign design • Adherence to stated performance standards. • Relationship between cost and sign product. • Financial capability if the Proposer to deliver the sign product. Rules and Regulations. The Proposer shall comply with all applicable Federal, State and local laws. I REViSED2-'SOo OFFICIAL ZONING MAP ,A-1, Agricultural Rural �l A-2 Agricultural Transitional R-1A, Low Density Single Family R-1, Single Family Z R-2, Single & Two Family z R-3, Single & Tv✓o-Family R-4, Low Density Muitipie Family I R Meotam Density Multiple Fa 1 Z R-6, Residential Nigh Density B=W, Business Warehouse Z R-7 Special Purpose High Density _i !-1, Light Industrial R 3, Mixed reusing !-1A, Limited Industrial z R-MH, Manufactured Housing Residential! ' 1-2, General Industrial Neighborhood Business ❑ PUD, Planned Unit Development 2-2, Limited Business — P/I, Public/Institutional ^! B- Highway Commercial S, Shoreiand Overlay L—J B 4 General B_ usnesL _ \N, Wetland�ver!ay c Q 1000 2000 SCALE N FfEET CITY OF ALBERTVILLE , WRIGHT COUNTY - MINNESOTA EXHIBIT A -SITE LOCAr4TIM 06/27/2003 09:24 7634415665 FROM : CITY OF ALBERTUILLE ,Kdai= Date of Meeting: JOHN OLIVER & ASSOC PAGE 02/02 FAX NO. : 7634973210 Jun_ 2G 2203 09:51AM P1 My of Albertville 5975 Main Avenue N.E. P.O. Box 9 Albertville, MN 55301 763-4973384 Fax: 763-497.32.10 Items to be placed on the Agenda must be submitted by 12,00 p.m. on the Wednesday preceding the meeting. ReQUEST TO BE SCHEDULED ON AGENDA ALBERTVIL,L E: CITY COUNCIL MEETING Name: Chelsea Property Group, Inc. 11AI Address:_ 103 Eisenhower Parkway, Roseland, NJ 07068 Phone Number: 973/228-6111 Buslness to be addressed by City Council: Chelsea Property Group is proposing a modification of the entrance road to the Outlets At Albertville Shopping Mall. The purpose of the modification is to reduce the stacking of vehicles attempting to enter the mall parking lot and delay the opportunity for traffic to spread out. Action R®t:iuested of Council: Approval of the reconstruction of the entrance road as depicted on the John Oliver & Associates sketch dated March 13, 2003. Signed: 7�� � Date: RohaId G. Black, Attorney for Chelsea Property Group C:1Doc uncnta wid Settinp\thedqui t'My Doct,mentF\RcgLm t to be on CC .ggonda.doc Terpstra, Black & Moore, Ltd. Ronald G. Black Elizabeth K. Moore James A. Bumgardner Rhonda J. Magnussen John W. Terpstra (Retired) First National Financial Center 812 Main Street Suite 102 Elk River, MN 55330 Phone 763.441,7040 Fax 763.441.0901 June 27, 2003 Ms. Linda Golb City of Albertville 5975 Main Ave. NE Albertville, MN 55301 Dear Ms. Golb: Enclosed for consideration by the City of Albertville is a request by Chelsea Properties to modify the access road to the Outlets At Albertville Mall. I have enclosed a copy of the sketch which depicts the proposed modification. Please let me know if there is any additional information which you require. Sincerely, TERA, BLACK & MOORE, LTD. !j `j onald G. Black RGB:jt Encls. cc: Chelsea Property Group, Inc. R. Abel, John Oliver & Assoc. =SEN July 14, 2003 Mr. Bernard Burke Principal Albertville Primary School 5386 Main Avenue NE Albertville, MN 55301 Dear Mr. Burke: 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229 4300 320.229.4301 FAX architecture engineering environmental transportation RE: Albertville, Minnesota Albertville Primary School Play Fields SEH No. A-ALBEV0301.00 14 The concepts for developing additional playfields on the west side of the primary school were sent to the local baseball and soccer associations for review and comment. Feedback that we received indicated that we were trying to do too much with the land and that the playfield overlaps would create conflict between the different uses. With that feedback, we have created additional concepts. Please review these concepts with the appropriate school district staff. I will call you in a few days to further discuss these concepts and how we might proceed. a �/ Peter J. C4s' , Albertville City Engineer sge Attachment c: Linda Goeb, City Administrator Alan Brixius, City Planner Sandy Greninger, Community Education Center x_sae\albevAcommonAprimaryschool. doc Short Elliott Hendrickson Inc- Your Trusted Resource Equa! Opportunity Employer -,,.. '��'!f � � '.' w ,�y' �' ���� g�. t yr •� Y':'Y� � � :, .'k � ai � 5�e,'x ., a�; Ph `, wry s•_. x �% • i 6. y?�� iP At x' t �,.i`.'.'i'�. .tr,♦ i r j t .'��"s.k.y�`*�_•i ?t�,t y. ilk ' -r 'F I 7 �� F � ,;'• .. r S �t� - ° s^ ti� '"�h-� �¢ rs - ,"`ram r r � ;w lot M I �kj ,E f f t +:%e+�!• +,... ,:�az,. ab.tai. ux Saar '�. . �.3.�i€^sV Nia •••.i re -"'• Rom:°. < - 'Pow Ah1,71 A Fd ZF6'f. - / y�, l k ^& A �. 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''- C 5.�. �'t^ ;tn� L.'ye, ,e °. ,.,. ,t ��I4.. .� � 'k •. ; JY ., e y 't ® 1200 25th Avenue South, P.O Box 1717, St. Cloud, MN 56302-1717 320229.4300 320.229.4301 FAX ",sef I architecture engineering environmental transportation July 10, 2003 RE: Albertville, Minnesota 2003 Seal Coat Improvements SEH No. A-ALBEV 0322 7 Honorable Mayor and City Council c/o Ms Linda Goeb City of Albertville 5975 Main Ave NE PO Box 9 Albertville, MN 55301-0009 Dear Mayor and Members of the City Council: Bids were opened in the St. Cloud office of SEH at 3:00 p.m. on Wednesday, July 9, 2003, for the above -referenced improvement. The low bid was submitted by Allied Blacktop, Inc., of Maple Grove, Minnesota. A complete tabulation of bids is enclosed. In my opinion, Allied Blacktop, Inc. is the lowest, responsive, responsible bidder and I recommend award to them based on their bid of $10,421.00. Please contact me if you have any questions. Sincerely, J'afii((es A. Schulz, PE Project Manager cb Enclosure (Bid Tabulation) c: Pete Carlson, SEH X \P.E\ALBEV\032200\C0RR\L-CITY RECONVAFND-070903 DOC Short Elliott Hendrickson Inc Your Trusted Resource Equal Opportunity Employer 83 b 0 ri LO h 0 0 w 0 0 a o, N N O N M n n N C. m to h 2 zi O J ti k O m O a ti O W 2 W Q ti to N O 0 N F- Z w Q .-, w F- (/) cMo00� Sawa c Z o M� vQgri LL M V J M CD Z CD (nUJ IX} O im J Q N Q LOQ i Q Z W Q —'� F- Z � o m Qm Q Q Q` 0 O 0 o VJ ZQ CD Vi ~ o 0 6- 69 w w w Z F. UZ WI= Z 0 U in w 0 O O o O O O cD L6 N O N O CM Efl 69 e- bA Ln O of O O � cR u-) O O O O 6 ui q co r- M N 1f1 LO 6% 69 �- w O O LO Ocli il� co O w w Q Q Y CK (D U U) wQ Q (D a- COa (0U Q c Q O 0< zQ Q W OW2 0 0 U cn � 0 _I J C/) (D Z W W W z Q O O O O L M 07-07-03 CITY OF ALBERTVILLE City Council Findings of Fact & Decision - Final Plat Applicant's Name: Contractor Property Developers Company Request: Contractor Property Developers Company (CPDC) is requesting Final Plat approval and PUD Development Stage Plan approval for Towne Lakes 3rd Addition. The 3rd Addition consists of one farmstead lot, nine single family lots, a lot for the swimming pool/community building, and five outlots. The Towne Lakes development was granted PUD preliminary plat approval in March 2003. Towne Lakes 3rd Addition is located east of County Road 19 and north of JMJ Outlet Mall Phase III. Planning Commission Meeting Date: 11 June 2003 City Council Meeting Date: 7 July 2003 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following findings of fact and recommendation: A. The legal description of the subject property is attached as Exhibit A. B. The Planning Report dated 5 June 2003 prepared by NAC, Inc. is incorporated herein. C. The memo dated June 9, 2003 prepared by S.E.H. is incorporated herein. D. The Planning Commission Recommendation for the application is incorporated herein. E. The Final Plat of Towne Lakes 3rd Addition is consistent with the applicable provisions of the Albertville Zoning and Subdivision Ordinances as well as policies of the Comprehensive Plan. F. The lot area, setback and dimension standards which are applicable to the final plat have been found to be consistent with the PUD preliminary plat as illustrated on Exhibit B. Decision: Based on the foregoing considerations and applicable ordinances, the final plat for Towne Lakes 3rd Addition is approved based on the plans dated May 9th, 2003 and information received to date, subject to the following conditions: Development Agreement 1. All conditions imposed upon approval shall be incorporated into and made part of the development agreement which must include the following items: Towne Lakes 3`d Addition Final Plat Recommended Findings of Fact 85 o The timing for the removal of the farmsteads on Lot 1, Block 1 and Lot 1, Block 4 and the replatting of said lots. o The timing for the completion of the installation of landscaping, swimming pool, clock tower, and signage. o Conditions for the replacement of landscaping that may be damaged through the subsequent development of the outlots. Clock Tower 2. Detailed plans for the proposed clock tower shall be submitted for review. Sign Plans 3. Detailed signage plans consistent with past Towne Lakes signage standards shall be submitted. Engineer Comments 4. The memo dated June 9th, 2003 prepared by S.E.H. is incorporated herein and adhered to by the applicant. Adopted by the Albertville City Council this 16th day of June 2003. Attest: City of Albertville Linda Goeb, City Administrator Donald Peterson, Mayor PC- Linda Goeb, Mike Couri, and Pete Carlson. 2 Towne Lakes 3 d Addition Final Plat Recommended Findings of Fact 86 EXHIBIT A LEGAL DESCRIPTION PARCEL A: The Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4) of Section 36, Township 121, Range 24, Wright County, Minnesota. PARCEL B: Government Lot 3 except that part lying South of the North 528 feet thereof, all in Section 36, Township 121, Range 24 and Government Lot 5. Except the two following tracts: The West 200 feet of the East 571.77 feet of the North 217.80 feet of the North 16.00 acres of Government Lot 3, Section 36, Township 121, Range 24, And The South 200 feet of the West 516 feet of Government Lot 5, Section 36, Township 121, Range 24, Wright County, Minnesota. PARCEL C: The West 200.00 feet of the East 571.77 feet of the North 217.80 feet of the North 16.00 acres of Government Lot 3, Section 36, Township 121, Range 24, Wright County, Minnesota. PARCEL D: The South 200.00 feet of the West 516.00 feet of Government Lot 5, Section 36, Township 121, Range 24, Wright County, Minnesota. _►9 Outlot A, TOWNE LAKES 2ND ADDITION, according to the recorded plat thereof, Wright County, Minnesota Legal Description from Final Plat (Sheet 1 of 4) prepared by Westwood Professional Services, Inc. dated May 9, 2003. 3 EXHIBIT A Towne Lakes 3rd Addition Final Plat Recommended Findings of Fact DRAFT DATED JULY 17, 2003 CITY OF ALBERTVILLE MASTER PLANNED UNIT DEVELOPMENT AGREEMENT TOWNE LAKES THIRD ADDITION THIS AGREEMENT, entered into this day -of , 2003 by and between Contractor Property Developers Company, collectively referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner and developer of the real property (the "Development") described in Exhibit A, attached hereto and incorporated herein by reference, which real property is proposed to be subdivided and platted for development and which real property is subject to the provisions of this Agreement; and WHEREAS, Developer has received preliminary plat approval for "Towne Lakes Phase II" as shown on Exhibit B and shall hereinafter alternately be referred to as the "Development" and will submit final plats for these lands in phases over the course of several years; and WHEREAS, Developer has received final plat approval for 10 lots (nine of which will be used for single family residences and Lot 1, Block 3 will be used for a community swimming pool) and this development is intended to bear the name "Towne Lakes Third Addition" as shown on Exhibit C and which shall hereinafter be referred to in its entirety "Said Plat"; and WHEREAS, Said Plat is a part of the Development over which preliminary plat approval has been granted; and WHEREAS, this Agreement shall serve as a master agreement for all of the Development over which preliminary plat approval have been granted and as a primary Developer's Agreement for the first phase to be platted as "Towne Lakes Third Addition" described as "Said Plat"; and whereas, separate Developer's Agreements shall be required at the time of final platting of all future phases of the Development following Said Plat. WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the Development and Said Plat and the conditions imposed thereon. Therefore, this Agreement shall apply both to said Plat and to the Development; and WHEREAS, approval of a Planned Unit Development -is required to permit the aforementioned Development proposed by Developer; and WHEREAS, the City has given preliminary approval of the Development contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading, sanitary sewer, municipal water, storm sewer and drainage ponds (hereafter "Municipal Improvements") be installed to serve the Development and other properties affected by the development of Developer's land, to be installed and financed by Developer; and WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within Said Plat, which improvements consist of paved streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, berming, street signs, street lights, street cleanup during project development, erosion control, and other site -related items; and NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Planned Unit Development. The Development is hereby allowed to be developed as a Planned Unit Development with flexibility from the strict 2 89 requirements of the City's Shoreline Regulations and Zoning Ordinance in relation to selected items detailed in this paragraph. A. Developer and the City recognize that setbacks within the Development will vary depending on housing type to be constructed. However, Developer agrees that setbacks shall be consistent with the templates provided by Developer which are attached hereto as Exhibits D, E, F, and G). B. Additional phases of the Development shall be developed consistent with the preliminary plat of Towne Lakes Phase II attached as Ex. B. Upon final platting of all property which has received preliminary plat approval, (excluding lot 1, Block 1 and Outlots E and F of said Plat) no more than 235 numbered lots will have been created with 59 single family lots of 8,500 to 10,000 sq. ft. in area, 19 single family lots of 15,000 sq. ft in area, 100 row townhomes, and 57 detached townhomes. However, Developer will have the option of placing twin homes on lots 16 and 17, Block 4c and on Lot 2, Block 7c as shown on Ex. B. Outlots A, B, C, D, and G of Said Plat shall be replatted by Developer within five years of the date of this Agreement, consistent with the following: 1. Outlot A shall be a permanent open space and shall be deeded to the Homeowners' Association referred to in paragraph LBO of this Agreement as a park. Further, the City shall be granted a Shoreline Conservation Easement over Outlot A and portions of Lot 1, Lot 2, and Lot 3, Block 3 of Said Plat. Said Shoreline Conservation Easement shall be as shown on attached Ex. H. 2. Outlot B shall be developed in the future as four row townhomes in the locations shown on attached Ex. I. Said row townhomes shall be of a design consistent with the Kingman plans attached hereto as Ex. J unless otherwise approved by the City Council 3. Outlot C shall be developed in the future as four Row townhomes in the locations shown on attached Ex. I. Said row townhomes shall be of a design consistent with the Kingman plans attached hereto as Ex. J unless otherwise approved by the City Council. 4. Outlot D of said Plat shall be open space. Developer shall be allowed to construct a clock tower and a subdivision sign, at its own expense, on Outlot D provided that Developer shall plat 9 Outlot D as a numbered lot, and provide the City with detailed drawings for the proposed clock tower and subdivision sign prior to the start of construction. Said clock tower and subdivision sign plans are subject to review and approval of the City. The subdivision sign area and height shall be consistent with the PUD approved sign for the first phase of Towne Lakes. No other structures shall be permitted on Outlot D upon its replat except said clock tower and subdivision sign. 5. Outlot E and Lot 1, Block 1 of said Plat shall be developed in conformity with the strict requirements of B-2A zoning unless the property is rezoned by the City. 6. Outlot F of said Plat shall be developed in conformity with the strict requirements of B-2A zoning unless the property is rezoned by the City. 7. Outlot G and Lot 1, Block 4 of Said Plat shall be developed in the future with 59 single family lots of 8,500 to 10,000 sq. ft. in area, 19 single family lots of 15,000 sq. ft. in area, 52 row townhomes, and 57 detached townhomes and a park in substantially the same location and configuration as shown on the attached Ex. I. However, Developer will have the option of placing twin homes on lots 16 and 17, Block 4c and on Lot 2, Block 7c as shown on Ex. B. Should Developer exercise the option to place twin homes on these lots, Developer shall follow the same architectural styling used for the single family homes. C. All homes built within the Development shall be constructed in conformity with the general architectural guidelines of Towne Lakes First and Second Additions as shown on Ex. K. No homes 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 established by the Homeowners' Association referred to in paragraph 1.0 of this Agreement. D. With regard to the future park proposed to be dedicated to the City upon the development of Outlot G of Said Plat, Developer shall, at its own expense, provide a minimum of 40 parking stalls within the neighborhood park area. M 91 E. With regard to the future development of Outlots B, C, and G of Said Plat with townhomes, Developer shall have separate utility connections for each of the townhome units to allow separate water turnoff and sewer connections through the landscaped yards of the Townhomes. F. With regard to the proposed future development of Outlots B, C, and G of said Plat with townhomes, Developer shall file with this Agreement deed restrictions with the Wright County Recorder of Deeds which provide that all townhome units in the Development shall be owner occupied and which prohibits the rental of the townhome units. Said deed restrictions shall be subject to the review and approval of the City Attorney. G. All grading, drainage, utility, wetland mitigation, and transportation issues that arise during development of the Development shall be subject to review and approval by the City Engineer. H. Trees, shrubs, berms and screening are to be planted and installed as shown on the landscape plan attached as Exhibits L and M. The Developer shall guarantee that all new trees shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. All landscaping as shown on attached Exhibit M shall be installed no later than October 31, 2004. I. In order to provide for safe traffic visibility at the Development's intersections, Developer agrees that no plantings over 24 inches in height shall be located within the traffic visibility triangle extending 30 feet from the corner of two intersecting property lines on a corner lot. Prior to the sale of any corner lot(s) on within the Development, Developer shall provide to the City with a copy of the sales literature and other appropriate documentation which identifies this landscaping restriction. Such sales literature and other appropriate documentation shall be subject to review and approval by the City. I Developer shall replace, at its own expense, any plantings as shown on attached Exhibits L and M that might be damaged during the construction of any future phases of the development. Developer shall guarantee that all plantings replaced pursuant to this paragraph shall survive for two full years from the date of planting. K. Developer shall, at its own expense, construct sidewalks and trails in the locations as shown in the attached Exhibit B at the time of road construction of the respective plat in which the sidewalks and trails are located. 5 q9 L. Local streets constructed within said Plat shall be as follows: 1. A minimum of thirty-two feet wide for Lake Towne Drive between County Road 19 and Lakewood Drive; 2. Thirty-two feet wide for all of Linwood Drive as illustrated on the preliminary plat attached hereto as Ex. B. 3. Twenty-eight feet wide for all other local streets. Streets that are twenty-eight feet in width shall be limited to parking on one side of the street. Developer, at its sole expense, shall install no parking signs where directed by the City Engineer. M. Developer shall, at its own expense, construct and install a swimming pool on Lot 1, Block 3 of Said Plat no later than August 1, 2004. Upon occupation of 70% of the lots of within Town Lakes First and Second Addition, Developer shall transfer ownership of Lot 1, Block 3 of said Plat and management of said pool to the Homeowners' Association referred to in paragraph 1.0 of this Agreement, which shall operate and maintain the pool in good working order for a minimum of 25 years unless a shorter period of time is agreed to by the City Council. The Homeowners' Association may choose to limit use of the pool to Homeowners' Association members and their families only. N. Approval of both the Development and Said Plat is contingent upon issuance of any necessary permits required by the US Army Corp of Engineers and the Wetland Conservation Act. Such permits are subject to review and approval by the City Engineer and City Attorney. 0. All homes within the Development except for the areas encompassing Lot 1, Block 1 and Outlots E and F as shown on Ex. C shall be subject to the master Homeowners' Association as currently established for Towne Lakes First and Second Additions. Developer shall file the Homeowners' Association covenants against all Lots within said Plat and in subsequent plats in the Development. pr P. � �dl at" fi Said master Homeowners' Association shall provide for maintenance of all of the following items located within Said Plat: common areas (including Outlot D, the subdivision sign and clock tower when constructed and excluding the area deeded to the City as park in Outlot G), all oudots, all trees along all boulevards, the swimming pool, the shoreline conservation easement area, and all sidewalks and trails. Said Cei 93 items shall be maintained by the Homeowners' Association in perpetuity Said Homeowners' Association shall also enforce all provisions of this Agreement which regulate the use of individual lots and shall take all necessary action to ensure that all lots are being used in a manner consistent with the terms of this Agreement. Q. Developer agrees to amend the Master Homeowners' Association Agreement to provide a clause that, should the subdivision sign and clock tower be constructed and not maintained by the Master Homeowners' Association, the City, in its discretion, may remove and dispose of the subdivision sign and clock tower. R. Said master Homeowners' Association shall provide for and maintain permanent markers at all property lines along the Shoreline Conservation Easement. The markers must advise property owners of the Shoreline Conservation Easement and that property owner's must leave the area within the Shoreline Conservation Easement in its native vegetative state as shown on the landscaping plans attached as Exhibits L and M. The type of markers to be installed must be approved by the City Engineer. S. Further, Developer shall establish a Homeowners' Association via a recorded covenant for the row townhomes within the Development to govern the site maintenance of the row townhomes. The Developer shall file the row townhome Homeowners' Association covenants against all lots in subsequent plats in the Development on which a row townhome will be constructed, said covenants and agreements are to be submitted to the City Attorney for review and approval and shall be subject to the requirements of Section 1100 and 2700 of the City Zoning Ordinance, T. Prior to the sale of any lot(s) within Said Plat, Developer shall provide to the City with a copy of the sales literature and other appropriate documentation which identifies all deed restrictions and that the private master Homeowners' Association and not the City shall be responsible for the maintenance of the items listed in paragraphs 1.M, P, Q, R and S above. U. Except as otherwise provided in this Agreement, upon the failure by master Homeowners' Association to properly maintain or repair the items outlined in paragraphs 1. M, P, Q, R and S above (as determined by the City), the City shall give Developer and Homeowners' Association thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to correct any deficiencies governed by tlds 7 94 Agreement and bill the Homeowners' Association for said costs. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by the Homeowners' Association, the City may thence immediately and without notice or consent of the Developer or Homeowners' Association complete their obligations under this Agreement, and specially assess the costs thereof against the lots within the Development and/or bring legal action against the Homeowners' Association to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this Agreement. Developer and Homeowners' Association knowingly and voluntarily agree not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. V. Prior to the sale of any lot(s) within the Development, Developer shall provide to the City a copy of the sales literature and other appropriate documentation which identifies that the private master Homeowners' Association and not the City shall be responsible for the maintenance of the subdivision sign in perpetuity. Said documents shall also provide a clause allowing the City to remove the sign in the event that it is not maintained. This written documentation shall be subject to review and approval of the City Attorney and filed with the Wright County Recorder's Office. Prior to the sale of any given lot, Developer must inform the purchaser of the DNR classification of the abutting lakes as Natural Environment Lakes and that the lakes are generally not suitable for boating and swimming. All purchasers of lots from Developer shall execute written documentation prior to purchasing the lot which demonstrates that such purchasers have received the information Developer is required to supply under this subparagraph. W. The Developer shall file deed restrictions with the Wright County Recorder of Deeds for all lots adjacent to or containing portions of the shoreline conservation area indicating that the use of fertilizer and pesticides in the shoreline conservation easement area is prohibited. The use of fertilizer and pesticides in the Development must be done in such a way as to minimize runoff into the shoreline conservation easement area or public water by the use of earth, vegetation, or additional means acceptable to the City Engineer. X. The Developer shall file deed restrictions with the Wright County Recorder of Deeds for all lots adjacent to or containing wetlands or storm water ponds indicating that no structures can be built within 30 feet of wetlands All such deed restrictions shall be subject to the approval of the City Attorney. Y. Prior to the sale of any lot(s) within the Development, Developer shall provide the City with a copy of the sales literature identifying the required thirty (30) foot wetland setback building restrictions, the location of all future parks within the Development, and the location of all present and future sidewalks, trails and easements. Developer agrees that the aforementioned sales literature will be distributed to all potential lot buyers within the Development prior to the sale of any of said lots by Developer. Z. It is the understanding of the Parties that Developer does intend to make use of model homes within the Development. The Parties acknowledge and agree that should Developer decide to construct any model homes within the Development, use of such Model Homes shall be consistent with Section 2200 of the Albertville Zoning Ordinance. A.A. Other Use Restrictions. On all lots within 30 feet of any wetland, the native vegetation within said 30 feet of the wetland shall not be fertilized or mowed or otherwise disturbed. On all lots within 30 feet of any wetland, no structure, including, but not limited to, outbuildings or accessory buildings, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot including all improvements in it, shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. No Owner or other person shall apply any phosphorus - based fertilizers or herbicides within fifty (50) feet of any wetland or lake. BB. Developer shall ensure that all numbered lots are landscaped with appropriate landscaping materials, the installed value of which shall not be less than 2% of the cost of the lot plus all materials and labor necessary to construct the home placed on such lot. Said landscaping shall be installed within one year of the occupancy of said home. CC. 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 Homeowners' Association 1 shall not allow the operation of motorized watercraft from any piers Developer or Homeowners' Association installs on said lakes. DD. Developer acknowledges that the use of the existing structures on Lot 1, Block 1 and Lot 1, Block 4 of said Plat is temporary. Developer shall re -plat Lot 1, Block I and Lot 1, Block 4 of said Plat by June 1, 2007 consistent with the preliminary plat for Towne Lakes Phase I1 attached hereto as Ex. B unless otherwise agreed to by the City. Further, Developer agrees to remove any and all buildings including, but not limited to the farmsteads and accessory buildings, that currently exist on Lot 1, Block 1 and Lot 1, Block 4 of said Plat by June 1, 2004 unless otherwise agreed to by the City. 2. Construction of Municipal Improvements. A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Towne Lakes Third Addition, as prepared by Westwood Professional Services dated May 8, 2003 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 the City Engineer specifies a later date, said improvements shall be installed by October 31, 2003, with the wear course of bituminous pavement to be installed after May 15, 2004, but before August 15, 2004. B. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said - warranty to apply both to poor materials and faulty workmanship. C. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. 10 D. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. 3. Construction of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of paved streets, curb and gutter, boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Front, side and portions of the back yards of residential lots shall be sodded in accordance with the Residential Development Standards as on file with the City Administrator's Office. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Said on- and off -site improvements shall be installed no later than October 31, 2004, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat, and except that the driveways and sod need not be installed in a lot until that lot is developed, provided adequate ground cover has been established prior to the development of such lot. B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under ground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: Electrical power supply, to be provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; 11 iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carrier; In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Developer has submitted a utility plan for Said Plat showing all existing and proposed utility lines and easements, attached hereto and incorporated herein as Exhibit N. Developer agrees to have all utilities installed according to this Exhibit N. D. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. As an alternative to installing silt fencing in back of all curbing as required by this subparagraph, Developer may, at its expense, install sod no less than three feet in width in back of all curbing, provided that if, in the judgment of the City Engineer, the installation of silt fencing in one or more places is needed, the Developer shall install such silt fencing at its expense upon request by the City Engineer. E. Notwithstanding the requirements of subparagraph 3A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1st and before March 30th in any given year, in which case a certificate of occupancy shall be issued only if the owner of the lot has placed an escrow with the Homeowners' Association in the amount of $2,000.00 which is to be retained until the landscaping is installed to the satisfaction of the Homeowners' Association architectural review committee. 12 99 F. Developer shall install storm water retention/water quality ponds and basins upon the Development as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit O. Said ponds and basins shall be dedicated to the City, and Developer shall provide the City with perpetual drainage easements over such ponds. Said retention ponds and basins shall be installed prior to the installation of utilities. 4. Intended Use of Subdivision Lots. A. It is the Developer's and City's intent that a total of two single-family homes, seven detached dwelling units and one swimming pool with community building (on Lot 1, Block 3) be constructed on the residentially zoned lots being final platted as numbered lots and blocks in Said Plat, with one dwelling unit per numbered lot. Developer agrees that it shall not construct any dwelling units other than the above referenced dwelling units on the land in Said Plat. 5. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. L Said letter of credit or surety shall be in the amount of $1,345,400 representing the sum of 100% of the estimated cost of the Municipal Improvements ($1,190,000), 50% of the on and off -site improvements ($5,400), and 150% of the estimated cost for landscaping/screening materials ($150,000). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off - site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within 13 thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 6. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements and/or on- and off -site Improvements, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately 14 101 reduced for that portion of the Municipal Improvements and on- and off -site improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or the on - and off -site improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. Developer may substitute a warranty bond acceptable to the City Attorney for the warranty letter of credit in the same amounts and duration as required for the warranty letter of credit. iii. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. A. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of Ming. 7. Abandonment of Project- Costs and Expenses. In the event Developer should abandon the proposed development of the said Plat, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the 15 Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from the Development, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore the Development to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from the Development and to facilitate mowing of the Development. In the event that said costs are not paid, the City may withdraw funds from the above - mentioned surety for the purpose of paying the costs referred to in this paragraph. 8. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of the Development, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of the Development without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 9. Development Related Fees and Credits. A. Sanitary Sewer and Water Trunk Line Fees. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line Fee Ordinance currently requires the Developer to pay $1,400.00 per acre and $1,200.00 per acre respectively, upon development of said Plat. There are 6.5 acres in said Plat and Oudot A which received final plat approval (Excluding the area of Lot 1, Block 1 and Lot 1, Block 4 of said Plat which will be re -platted in the future and subject to sanitary sewer and water trunk line fees at that time). Therefore, the Sanitary Sewer and Water Trunk Line Fees for all property receiving final plat approval and Outlot A and excluding Lot 1, Block 1 and Lot 1, Block 4, are $16,900 ($9,100 in sewer fees calculated as $1,400.00 x 6.5 acres and $7,800 in water fees calculated as $1,200.00 x 6.5 acres). Developer shall pay sanitary sewer and water trunk line fees on all future plats in the Development based on fees in effect at the time of final plat of such future development. 16 103 B. Sanitary Sewer Lateral Assessment. The City has installed a sanitary sewer line in the Development which Developer will use as a lateral sanitary sewer line. Developer agrees that the benefit to its property for assessment purposes under Minn. Chapter 429 is $40,000.00. At this time, the actual costs attributable to the Development from said sanitary sewer line are estimated to be $40,000.00. Developer agrees that the City may specially assess the Development in the amount of $40,000.00 for this improvement, and Developer waives its right to appeal such assessment to the District Court as authorized by Minn. Stat. Section 429.081. In the event the City assesses the Development for such costs, the City shall defer the collection of said assessment until such time as any portion of the Development in which the sewer line was installed is platted such that one or more numbered lots may be connected to said sewer line. C. Highway 19 Improvements. Developer agrees that its Development benefits from the City's improvements to CSAH 19 in the amount of $115,688.00. This figure includes any assessments that will be levied as part of the 2001 Industrial Park Improvement Project. Developer agrees that the City may specially assess the Development (except the numbered lots in Said Plat, which shall not be specially assessed for this improvement) in the amount of $115,688.00 for this improvement, and Developer waives its right to appeal such assessment to the District Court as authorized by Minn. Stat. Section 429.081. In the event the City assesses the Development for such costs, the City shall amortize such special assessments over a five year period. D. 701h Street Improvements. The Developer agrees that its development necessitates the improvement of that portion of 701h Street which borders the Development. Developer agrees to �ay the City $144,474 as its share of the cost of paving that portion of 70t Street which borders the Development. Payment of said amount shall occur upon the earlier of the following events: 1) the platting of the 161St numbered lot in the Development; or 2) the execution of a contract between the City and a contractor for the improvement of 70th Street; or 3) Sixty days before any payment from the City is due to the City of Otsego if the City enters into an agreement under which the City of Otsego causes the improvement of 701h Street. E. Watermain Oversizing Credit. The City agrees that the Developer has A -A ovopiu installed oversized watermains at the City's request in West Laketowne Drive and Lakewood Drive all of which will serve properties in addition 17 to the Development. The City agrees that the Developer is due a credit (currently estimated to be $18,400.00) of the difference in cost between a 12-inch watermain and an 8-inch watermain (including necessary valves and appurtenances) which shall, at the request of Developer, be credited against any of the amounts due to the City under this paragraph 9. 10. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the attached Exhibit O. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 11. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from the Development may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 12. Maintain Public Property Damap_ed or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of the Development. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in the Development. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on the Development will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on the Development will be repaired within 14 days if not deemed to be an emergency by the City. 18 105 If Developer fails to so clean the streets or repair or maintain said public property, the City may immediately undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within the Development and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorneys fees incurred by the City as a result of such legal action. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 13. Temporary Easement Rights. Developer shall provide access to the Development at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 14. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material -men, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. IM 106 E. This Contract shall run with the land and shall be recorded against the title to the property. After the Developer has completed all work and obligations required of it under this Contract (including the expiration of the warranty period), at the Developer's request, the City will execute and deliver to the Developer a release of its obligations under this Agreement. However, all continuing obligations under this Agreement shall remain binding upon the properties covered by this Agreement and their owners. Said continuing obligations include, but are not limited to, paragraphs 1, 4, 8, 14, 16, 17, 18, 19, 20, 21, 22, and 26 of this Agreement. F. The Developer represents to the City that the Development complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Development does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on the Development, Developer shall provide the City with evidence of good and marketable title to all of the Development. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. I. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots located within the Development and that such delay in capacity availability may also delay the issuance of building permits for some lots within the Development. 20 107 J. Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. K. Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer, Wright County and/or the State of Minnesota. L. All oudots shall be seeded to prevent soil erosion, except areas previously delineated as wetlands. M. Developer shall grant the City a drainage and utility easement 1(0 0 Cdd feet wide over those portions of Outlot G through which Otsego Creek flows. Said easement shall be subject to the approval of both the City Attorney and City Engineer. 15. Draw on Expiring Letter of Credit. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or completed, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the expiring letter of credit. If a new letter of credit is not received as required above, the City may declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of said irrevocable letter of credit must be approved by the City Attorney prior to its issuance. 16. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified 21 mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in the Development pursuant to the terms of this agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 16(A) above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good -faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 16A of this section shall not apply to any acts or rights of the City under the preceding paragraph, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. D. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 17. Dedications to the City. A. Municipal Improvement Dedications. The Developer, upon presentation to the City of evidence of good and marketable title to the Development, and upon completion of all construction work and certification of completion by the City ON Engineer, shall dedicate all roads, road and trail right-of-ways, curbs, gutters, ponds, sewers and water mains to the City. Upon acceptance of dedication, Developer shall provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park, Trail and Outlot Dedications. The City agrees that the Developer will fully satisfy its park dedication fee obligation for said Plat and any remaining park dedication requirements for the Development by deeding to the City the proposed future park shown on Ex. B at the time of final plat of any portion of Outlot G which shall include the park improvements itemized on attached Ex. P. Said park improvements as described on attached Ex. P shall be installed at the sole expense of the Developer at the time of final plat of Outlot G. Developer agrees to maintain said park, at its sole expense, for two years after completion of the park after such time the City shall be responsible for all park maintenance. C. Shoreline Conservation Easement A shoreline conservation easement around the shores of both School Lake and Mud Lake shall be dedicated to the City. It is the intention of the parties to this Agreement that this conservation easement area be returned to its native vegetative state and shall act as a buffer to the lakes. Developer at its own expense shall restore the easement area by planting native trees, grasses and shrubs within the shoreline conservation easement to encourage wildlife habitat and decrease the visual impact of the development on the natural environment lakeshore. Said landscaping shall be constructed as shown in the landscaping plans attached as Exhibits L and M. Developer shall guarantee all new plantings as required by Exhibits L and M shall survive for two full years from the time of planting has been completed or will be replaced at the expense of the Developer. 18. Phased Development. As said Plat is a phase of a multi -phased preliminary plat, Developer agrees that the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development 23 Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 19. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from the Development approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 20. Assignment of Contract. The obligations of the Developer under this Contract can be assigned by the Developer. However, the Developer shall not be released from its obligations under this contract without the express written consent of the City Council through Council resolution. 21. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 22. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 24 23. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 24. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 25. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Contractor Property Developers Company Attn: Homer Tompkins, President 3030 Centre Pointe Drive, Suite 800 Roseville, MN 55113 Telephone: (651) 556-4550 Fax: (651) 566-4551 26. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. 25 CITY OF ALBERTVILLE, By Its Mayor By Its Clerk CONTRACTOR PROPERTY DEVELOPERS COMPANY By Homer H. Tompkins III Its President STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2003, by Donald Peterson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public 26 113 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2003, by Linda Goeb, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2003, by Horner H. Tompkins III, Contractor Property Developers Company. DRAFTED BY: Court and MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612)497-1930 Notary Public as President of 27 EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lot 1, Block 1 Lot 1, Block 2 Lots 1-3, Block 3 Lot 1, Block 4 Outlot A Outlot B Outlot C Outlot D Outlot E Outlot F Outlot G All said property is located in Towne Lakes Third Addition, City of Albertville, County of Wright, Minnesota. 28 115 EXHIBIT B Preliminary Plat for Towne Lakes Phase II EXHIBIT C Towne Lakes Third Addition Plat EXHIBIT D Street Loaded Detached Townhomes and 10,000 sq. ft. Single Family Lots EXHIBIT E Alley Loaded Detached Townhomes EXHIBIT F ROW Townhome Typical Layout EXHIBIT G Typical Residential Street Sections EXHIBIT H Easement Sketch for Shoreline Conservation Easement EXHIBIT I Plan showing locations of Single Family Homes, ROW Townhomes, Detached Townhomes, and Park EXHIBIT J Front and Rear Elevations for Urban ROW Townhomes EXHIBIT K Architectural Review and Design Guidelines 29 EXHIBIT L Towne Lakes Phase II Landscaping Plan EXHIBIT M Towne Lakes Third Addition Landscaping Plan EXHIBIT N Utility Plan EXHIBIT O Grading, Drainage and Erosion Control Plan cm 117 EXHIBIT P Developer shall, at its own expense, provide and install the following improvements to the future Park to be located on Outlot G of said Plat: IMPROVEMENT ESTIMATED COST Park Design $5,000 Grading, sod, seeding and irrigation $60,306 Park plantings & trees $33,300 Park shelter (24'x24') $12,500 Electrical/Irrigation/housing $ 9,408 Bulletin Kiosks $ 7,000 Historic Plaques $ 1,500 Barbecues (2) $ 1,000 Basketball hoops (2) $ 2,500 Park Benches (6) $ 5,071 Player benches (4) $ 2,165 Trash Receptacles (2) $ 850 Picnic/game Tables (6) $ 3,876 Drinking Fountain (1) $ 2,500 Play Structure (med size) $30,500 Bike racks (2) $ 600 Pond Fountain $10,000 Parking Lots (2-20 stall lots) $41,400 Soccer Goals (4) $ 2,000 Seasonal Ornamental Lighting $ 2,500 Park Maintenance (2 years) $11,324 Total $245,300 31 118 INDEX OF EXHIBITS TO DEVELOPER'S AGREEMENT EXHIBIT A The legal description of the Plat to which this Developer's Agreement EXHIBIT B Preliminary Plat for Towne Lakes Phase II EXHIBIT C Towne Lakes Third Addition Plat EXHIBIT D Street Loaded Detached Townhomes and 10,000 sq. ft. Single Family Lots EXHIBIT E Alley Loaded Detached Townhomes EXHIBIT F ROW Townhome Typical Layout EXHIBIT G Typical Residential Street Sections EXHIBIT H Easement Sketch for Shoreline Conservation Easement EXHIBIT I Plan showing locations of Single Family Homes, ROW Townhomes, Detached Townhomes, and Park EXHIBIT J Front and Rear Elevations for Urban ROW Townhomes 1 119 EXHIBIT K Architectural Review and Design Guidelines EXHIBIT L Towne Lakes Phase II Landscaping Plan EXHIBIT M Towne Lakes Third Addition Landscaping Plan EXHIBIT N Utility Plan F,ttti 1 Grading, Drainage and Erosion Control Plan EXHIBIT P Improvements to be installed in the future Park to be located on Outlot G. N EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lot 1, Block 1 Lot 1, Block 2 Lots 1-3, Block 3 Lot 1, Block 4 Outlot A Outlot B Outlot C Outlot D Outlot E Outlot F Outlot G All said property is located in Towne Lakes Third Addition, City of Albertville, County of Wright, Minnesota. 28 121 ? yllei VAN j�, t! j ; 737i 7j J� , t I I III, - •�� �tlf,'I�' n� * ,9� �� >L ' I'- %�� �\ � �''r�� ,: i ..� ^„^' Y�\.� (�'.' �!� t it a Vx MAY itsIzil , In i J hl _ I��I / I 1 --- —_Tt- _ --_to ---==------- — -- " -- --_�- �T— — -- io /2 I Y FYY � i �$txd l 9 I I I � 6 •h K i � • � � Ig `� � � � gg° � gg h a gag qq _ t _ 55. _ 9 e $a�ga eg � 08 s I s e l $� alz c Q Z G J W a. - -- psi Y� � i 1fi 2 ii i 3 E• ggi � ES¢ •t$ I\ _ �`_` �\` ��� �►w �gn.a•r Td�q'4jI� iK'i.�.:< *t:.5` •{'i' \�` ° \•\, Hwy, �, � _ � r-� I ,:.....m+ � t) x`t 1 �, ' I � � a •c :� I I I a 0 I rn I I �i I irul i�A .�.1 ` I a -------------- .,r,. .ou --- --------------g° -- ----------ec: ____________ fag 124 01 yy 6� 61 or--+ L�F•ry [[ 55 jiS 8 S 0 tQ : �Se eses C a t f �i �q2 ��FA'.oe.p Np,V ivh A� 0 cr WCL I _ ##i f a //�•� -per �, � `•Y • a�, �1 I ^i 1. asin �'. _ — — —`— — — — — — — M . 0 4 — B a N — — — — — — — — — — — . 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A na Lot 1, Lot 7 d Lot J, deo' J. o 70WNf LAKES JRD ADp 7IQN, occord+r9 to the recorded plc( thereof veight Cavnty, Niinesoto, tyn9 south My and 5�e / fovtneosle.ly of the fd11-9 de —bed lure: / tV�a Commencing 01 the nwNeos(My corn( of sold Lot J, &oee J. SCHOOL LAKE (nmce Scorn 02 1e9— Ir milufex el seconds East, orn.med eea-.g aong the coat ten. of rad Lor J. &w J. o © distonce heor 99,89 r to Me point of 6e9-9 of the lire to De rncrA wr l q>e �w (hence South 89 degrees 16 mnutef 2e seconds West o distance - of 85. We OJ leer; !hence North 89 de9q— 11 minutef e5 uc-ds \ Wes(. o 14 t—_ of 23..22 feel: thence 5— h 75 1e9— Je /j mutes 56 s wos Weft a distance of t51. 2 7 leer; thence North 90 degrees 00 minutes 00 seconds West, o oistance or 177J6 reet; thence S-11 e8 d g— 12 minutes e7 seconds West, a distance of 2JI. 20 leer-, "h South 09 deg.eef 25 m:,utes 2r -df West, o dia lance of 99. 29 reef thence Sou rh e8 degrees 12 mnutes e7 secondx West. a dixronce of 251 M fee( (o the wtneozfMy right-of-.oy tine or Lonq two 0"" oa dedico(ed n -4 TOWNS LAKES JRO ADDrl1QV, and foie tine 11,— (—oo(nq. O' e 0.5/30/03s,rec 1 or I 10C 200' 300 ac�csrer o+e Towne Lakes rac ' P," "d `- Easement ,`. Westwood Professional Services, Inc. C-b-.t— Prop-ty n..�®t Camp-y 3rd Addition Sketch 0 Ana9.am Drive Etlen vra�n<. MN 5536e o.... vn one. 952931-515o fax. 952531 5.22 eel Own �rfes �EjyMPnl* AU11m011 5MM .V6esxtille. Minnevon 131 L_ 132 r. 3.. 7 cc �os� u U M �p vz In Q c �rS 9 Z N psn m_ N ' Eam ERA ca Q 4 too m w`■— X 0 Y 03 m an Q y M�0 a Z� LNOnI�9 ` G N Q N m 5 - NC.. ONIU9 134 Design Guidelines Architectural Review & Design Guidelines for T6"k- TAKES Albertvilles Nev Small Town Neighborhood I. GENERAL LOT PLANNING GUI D Careful siting of each home should seek to fit the topography, blend with significant existing vegeta tion, views, open space and other features that define the character of this neighborhood. These guide lines will further this goal by establishing criteria aimed at achieving quality levels of landscape archi tecture and sensitive site plans. Our goal is beautiful streetscapes and open spaces, interesting and com plementary lot amenity features, paving and planting design. Careful consideration must be made fo: future additions: decks, fences, and screened porches. Consultation with an experienced landscap( design consultant is recommended at the early stages of home and site planning. Design for the unique aspects of your home - site and the neighborhood. Refer to sppe- cific tree loca- tions and ele- vations and try to provide a balance between home position, "foot print" and preservation of significant trees. E Summer DETAIL tage of sun, views and provide for both vacy and front yard neighboring opporti ties, while also creating attractive off -lot impacts and considering sight lines of of homes. 2. Respect the existing topography and work with it. Adapt it with natural forrr and retaining that continues the lines of home. 3. ARC may require maintenance of sigi lines of other homes to natural or built amenities. B. TREE PRESERVATION 1. In concept planning identify the trees will be saving and those that appear to require removal. 2. Preserve undergrowth in protected fo areas. Pathways are appropriate. 3. For Concept ARC Review Plan submi show the location, size species, and elevz of existing trees greater than 8 inches.in diameter and oaks, hickory and sugar m, greater than 2 inches in diameter within proposed area to be disturbed and withii feet thereof. 8/161'0o Fag 135 Position garages to reduce their visual impact on the street. Cause the active, visually interesting fea- tures of the house to be prominent on the streetscape. For every four fully recessed garages, one front loaded garage is allowed (but not encour- aged) provid- ed that certain criteria are met: E DETAIL ml�® C. LOT -HOME POSITION GUIDE 1. Respond to ARC garage and home Lion from ARC -provided Lot Planning Guide. 2. On vertical curb streets, utilize exis curb cut or pay for new curbcut locati and street restoration/repair. 3. Homes should be positioned with is respect to existing homes and in antici lion of siting of future homes. (See: Th A.R.C. Lot/Horne Location Guide.) D. HOUSE -DOMINANT HOME DESI 1. Design homes with "tamed garages emphasizing a home's elevations, to b ing massing and architectural detailing including a recognizable style, or domi or tasteful blend. E. TOWNE LAKES'S REDUCED SET BACKS 1. 20' setback from property Line (15' from back of most sidewalks) allows/motivates use of deeper floor plans (see City requirements). 1. With reduced lot widths and budget scious home design, house -dominant designs require creative two and three garage positioning to screen, diminish impact from road, while emphasizing h entry and approach. 2. Provide not less than two car or mor than four spaces without ARC approva 3. Garage positioning that emphasizes house and minimizes garage can includ • 3 car L-shaped garages with tandem spaces, turned garages at side streets, si load garages and limited use courtyard garages (where lot width permits). 4. On lookout or walkout lots, emphasi oversized garages (with two 1 car door, one 2 car door) to provide greater desig freedom yet meet homeowner's need fc greater storage. 136 Fag I� Yi. A •'.d9 Ili Side leaded garage. DETAILTHE -' L IT GARA Pag 137 SUMMARY t P LE DETAIL Special uses will be approved by Administrative permit through administrative design review. Attached'sin- gle family dwelling homes for two families are encouraged on corner lots and beyond 200' of each other.. Townhome (2-3 DU/ - architec- 77 )bkJg ture similar to sur- rounding :•_ horses). mwE MEMMMMM" G. ACCESSORY DWELLING UNIT.' 1. 800 s.f. accessory dwelling units are permitted in many Towne lakes home, 2 "Flex space" designs for alternate us garages/homes could provide space fc accessory dwelling unit, office, craft sF etc R TWO-FAMILY HOMES 1. Design structure to look like single 1 ily home, with garages at either end or Pa-, 138 EXANMI'L Front entry walk Natural areas. DETAIL ped in a way to shield visibility• rate garages and entries should b point. See position PUD requirement! to two per street corner, generally 200' between two family homes. 2. Exterior design & massing, selected style, detailing to appear as a larger sL family detached home. I. HARD SURFACES/PAVING 1. DRIVEWAYS a. Driveway gradient no greater tha 157o. preferred drive not greater tha 107o to 20' deep apron area at garage greater than 4% slope. b. Driveways to be narrowed in the front yard area and curb cut location 2. FRONT WALKS a. With or without a side walls, eac: home is to have a walk from the frc entry/porch to the back of curb, pre ably with steps near the street right - way line/back of sidewalk (except 1, with unusually long drives or steep topography. 3. PAVED AREA a. Homes without a front porch mug have a paved surface of at least 100 s.f.. A deciduous overstory or under ry tree, minimum 3" caliper must pn vide shade for the area. Creative/m use of paved surfaces is encouraged. 1 39 Pa- 11 IxENERAL ONIE E S I G N QUID Provide each individual home its v'vn oentity arc character. Homes must be aesthetically balance with details consistent with the selected architectural style, and built with quality materials and wor manship. Homes not demonst at ng acequato desi Jn variety will not be approved by ARC. Trellis/artoripergola as garage camouflage_ DETAIL A. VISUAL IMPACTS 1. Create attractive off -lot visual iml Be mindful of the home's massing as from surrounding road approaches a when viewed with other adjacent an, round homes. Avoid unaccented 2 & story facades. 2. Respond to each lot's on and off - opportunities to help define the view home's outdoor spaces and guide po! tions of home interior spaces 3. Select/ design home floor plans the establish a friendly relationship with street via porches, decks, gradual levf changes and anteways, entry sitting a courtyards, patios, terraces, sheltered entrys, etc. 4. Price efficiency can come with sim] lower room -count, "box -on -box" floor plans, blended with modern, shared-s room layouts. 5. "Stage front" appearance will not t approved. The home's sides and rear should support the style of the home'! front elevations, with similar trim, det ing & sidings. 6. De-emphasize/camouflage garages with setbacks from home front, with porch extensions, arbors, trellises, win walls or retaining walls. Hide garbage recycle bins through design. 7. Add steps from garage to home, pr vide headroom at garage service door. Allow space for added risers in garag( and/or transition rooms within home, such as laundry/mudroom. Design should reduce impact of blank area ab garage door(s) (ie. lowered roof line, trim/details.) 140 Pabf i SUMMARY E\. X .ti (I' f t Provide main floor elevation that is raised 21/2 to 3 feet above the street eleva- tion. 5 to 7 ris- ers typical. With reduced front setbacks (that encourage neighboring), raise home to protect privacy- DETAIL B. HOME TO BACK OF CURB ELEVATION 1. Raise home, with added front step to capture an old traditional look pai ticularly with reduced setbacks... can turn on -grade homes to look -outs, look -outs to walkouts. C. ROOF PITCHES 1. The roof on each home is one of th most important visual masses on the house. Roof slopes and overhangs mi be appropriate to the selected individ style: Research your style, know its o ventions. 2. Design and refine well thought ou simple and strong roof forms. Increas roof pitches are generally preferred (e for some bungalow and prairie styles. D. HARDSCATE TERRACES/PORCHES/OUTDOOR LIVING SPACE 1. Outdoor living spaces can provide f five transition between home, outdoor and a place of interaction with neighb These could include patios, decks, gar dens, terraces, seating areas. If a port: terrace is prepared shown and labeled should be of sufficient size to allow se ing for Z minimum. Sheltered entries (without seating areas are acceptable) then a terrace or other hard surface se; area at the front of the home must be 1 vided. 141 Pao, I 1 1. L E TA I L H O N1 E D E S I G N Q U I D The design of the homes fcr Towne Lakes will require a blend of standardized plans and custom adal tation to site and home owner reeds and likes and Towne Lake's streetscape will grow in charact( from the addition of one tasteful home after another. This depends a lot on details. E DETAIL A. PREFERRED STYLES • Designs utilizing modern floor plan within an architectural theme. • Colonial, • victorian, • federal, • farmhouse, • cape cod, • tudor • stick, • shingle, (early) prairie school • arts & crafts bungalow. B. PREFERRED MASSING • 2 story, • story & 1/2, • ranch , • 2 story with attic dormers. G GARAGE TREATMENTS 1. Use two-story/ dormer elements ov garages for architectural interest and b( space. 2_ Garage door accents and detailing should be used to break up its scale & designed to echo home style/detailing, making it look less dominant, more a c+ tinuation of the structure. Do not use F flush steel doors. 3. Where there are garage walls with n doors, there should be windows that m other windows & trim/architectural de of the home. 4. In area below floor line and above grade, use stone, cultured rock, siding extensions, lattice, brick, stucco and "band" / verge boards. D. ENTRY PORCHISTOOP 1. Provide a stoop or entry porch (of uE able size), large enough for plants and s ing. They should be covered by an ove: hang, roof, trellis, portico or detail app priate to home style. 2. Where a smaller sheltered entry is planned, provide an entry setting such veranda, deck or patio suitably sized fo minimum of two chairs. 142 Pag DETAIL E. ROOF PvIATERIALS 1. Well proportioned overhangs, fast gutter, soffit, frieze, window trim & details, skirt board & corner treatmen supportive to selected dominant archi tural style. 2. Roof materials may include cedar shakes, copper, slate, or a minimum c lb. tabbed asphalt, "dimension' shing Small amounts of prefinished standin; seam metal may be acceptable. Color, should be muted, dark shades with sh ow coloring. 3. Valley flashing of copper, prefinishi metal, or interwoven shingles are pre- ferred. 4. Gutters and downspouts must be v grated to color and style of house. 5. Functional roof vents are encouragE Continuous covered ridge vent, shingl over type should be used. Avoid/mini box vents. • E ARCHITECTURAL SIDING & TR 1. Use materials & Architectural trim c sistent with home and selected home s 2. Use vents, recessed bays & cantilevf to create interest & shadow lines. 3. Exterior materials of masonry brick, stone, stucco and natural wood are pre ferred. Use great care in selection of "( tured stone" products for ARC. Samp: are required. 4. Stained & prestained wood, dad, cementous materials or composites wil accepted if sample or manufacturer's c log with trim indicated and color speci are submitted. b Other vinyl sidings m be approved by ARC. Wolverine vinyl ing/ trim system is ARC approved. Specific colors and treatment must be f approved for each home. G. MASONRY - BRICK/STONE, CULTURED STONE. 1. The first masonry on the house shou be the fireplace chase, if visually promi nent. 2. Masonry fronts must wrap corners t logical stop, but no less than 24". 3. Masonry if used, appiv in locations most visible. Pao 143 -- DETAIL 4. Columns must be sized appropria their height and building mass supp, H. FIREPLACE CHASE/CHIMNEY 1. Should reflect the home's style. Masonry chimney is preferred. 2. Decorative chimney caps/screens encouraged. I. DIRECT VENT FIREPLACES 1. Are permitted but boxed out "dog- house" forms are not allowed. 2. Chimney caps should be detailed f top of box type design. J. DOORS AND WINDOWS 1. The entry door is expected to be a dominant feature. Sidelights and tran soms are encouraged. 2. Use energy -efficient, quality doors windows selected to fit the architectur style. 3. Select window grilles to be in chary with architectural style. K WINDOW TRIM 1. Windows must have exterior trim < sistent with selected architectural style elevations. 2. Windows and doors may be painte natural wood, aluminum, or vinyl cla� 3. Shutters, if used, should be sized tc look as if they could close over entire -v dow. Do not use with multiple windo groups. L. DECKS 1. Must be consistent with home design/style and should be an extensic of the home. 2. Above ground decks must be suppc ed with 9 1 / 4"x9 1 / 4" or equal mass columns where visible*, designed in cl^ aster with the massing of the home. Minimum of 6"x 6" column where dec will not be visible* from existing or future streets or residences. If deck iE more than 2' above grade and visible*, screening below deck must be provide Home materials must extend to deck detailing. Pag( 144 L DETAIL 'visible; from existing or future stree homes, parks or openspace. 3. Handrailing design and detailing should be consistent with the home': sen style. 4. Cedar, redwood and wood compc wood construction is encouraged. Pz or stained depending on home style. 5. Future construction/decks should included with the plans for approval, indicated as future construction. Wh� doors are provided to a deck, a minis 4'-x6' wide deck must be built. NC TRASH ENCLOSURE • Accommodate garbage and recycle through added garage width or deptl wing -wall extensions, fence enclosure extensions, retaining walls. 145 Page V. E T A I L SITE DESIGN GUID DETAIL A. LOT PREPARATION 1. Lot development plan and landscape plan must be prepared by competent, o enced landscape designer or landscape architect. 2 Completely fence trees that are to be saved at a distance of 1.5 feet times the t diameter in inches. B. CORNER LOTS 1. Corner lots will have special review ensuring that each exposure to the street received equal landscaping attention. C. GRADING 1. Builder's and owner's responsibility prevent erosion and assure positive drainage. 2. Show erosion control plan and schedi of tasks. 3. Show locations of topsoil stockpiles a fill soil stockpiles, and proposed silt fen( 4. Avoid abrupt slope intercept between existing and disturbed soil surfaces, and encourage rounding which blends into t natural grade. 5. Create contour and grade changes to enhance privacy, visual interest and amF plant material impact. 6. Sod all swales. Minimum: swales my 2% swales, minimum drainage slope 6" first 10' away from all building sides. 1` hard surface. 7. Contour site to protect mutual draina issues and existing or potential basemen 8. Design, materials and layout must be submitted for ARC review. 146 Pace - EVANIIPL.E Decorative paving materials Regularly spaced 3-4" caliper deciduous boulevard trees. Front yard planting must include foundation planting as well as overstcry trees. Careful tree 3 shrub posaioning softens & blends homes to the streetscape. DETAIL D. PAVING/FLATWORK 1. Flatwork and steps with decoratil nosings and detail are encouraged at front yard as well as the rear yard. 2. Decorative or colored paving is er aged. This includes decorative expar joints, break lines, stamped and color asphalt ("Street Print" or equal), stan and colored concrete ('Tomanite" or equal), brick or colored concrete, irate ing pavers. 3. Position retaining walls and slope! preserve trees where possible. Select materials and colors to compliment d home design and material. E. PLANTING 1. Site planting plan common and mi include a plant list containing scientif names, sizes and planting conditions (balled and burlapped, potted, bare rc container grown, tree spade, etc.) 2. Regularly spaced 34" caliper decid boulevard trees should conform to AF guide site plan. 3. Front yard landscapes are to respor development planting and A.R.C. recc mended planting plan. 4. Front yard planting must include fr dation planting as well as both overstr deciduous and coniferous trees, under ry trees and shrubs. E REQUIRED PLANTING BUDGE] 1. The budget for the Landscape Plant Plan must equal or exceed 2-37o of the home's value. G. REQUIRED LANDSCAPE PLAN 1. A professional landscape plan mu; prepared by a competent landscape designer or landscape architect. 2. ARC reserves right to require addit . al landscaping (above the minimum la scape budget) on lots where side and r house elevations are highly visible to views from off -lot, and/or where lack architectural design or detailing must I offset/ screened with vegetation. 147 Page l �[_PT I DETAIL Natural areas, woven with mowed turf areas, help to define outdoor rooms. Select wet -association plants near water and upland planting for higher areas. Traditional fencing materials of brick 3 rron. H. NATURAL AREAS 1. Foundation plantings should be e. ed in a manner consistent with each home's style. (Soften blank walls, she entry walks, hedges for formal desigl 2. Natural areas refer to landscape fe tures which function as visual edges { frame each lot. They help define the door "rooms". In the front yard nah areas would generally be located clos the street, possibly adjacent to the lot so the same idea could be continued 1 the neighboring lot owner. In the bac yard natural areas are encouraged at c about the rear and/or adjacent side pi erty lines. Natural landscape treatme should not replace foundation plantin Natural areas must be mutually agre upon with the ARC and would inciud Examples: a. Natural forest emergent vegeta tion theme: b. Prairie grasses, wildflowers or other perennial ground covers. c. Formal garden theme: Rose bush garden, Formal perennial ga d Patch of forest theme: a stand c young Aspen (this will require 10 to 20 trees, although they could b( as small as 1" caliper.) I. DECK PLANTING 1. Decks to be shaded by at least one 1/2" caliper deciduous shade tree. J. SOD 1. Minimum sod: front, side and 20' i rear yard unless it runs into a 3:1 slope SIopes must be sodded and staked or seeded with appropriate grasses, mule other A.R-C. treatment. K FENCING 1. All fence designs must be reviewed and approved by the ARC prior to inst lation. L. SECURITY FENCES 1. Standard chainlink fences are not pE witted. M. DECORATIVE FENCES 1. Front yard fences must be limited it height, must be approved by A.R.C., ar are strongly encouraged to be tradition Design: ie. picket, wrought iron... 2. V'invi white, tan or grey picket or 148 PagE Picket fences with larger posts at ends & comers. DETAIL black, green or cream wrought iron fE: allowed in rear vards. 3. All fence designs must be reviewec approved by the ARC prior to installz 4. If fences are used, gates and archw are encouraged as a welcoming entry property. 5. Privacy or utility screening must it grate with and compliment the architE ture. 6. "Invisible fences" are encouraged sli be used for dog enclosures. N. RETAINING WALLS 1. Preserve trees & compliment home design with retaining materials & slop 2. Construction details should be prop for retaining walls greater than 3 feet exposed height. 3. Retaining walls should not exceed E wall in height and be constructed of m rials such as stone, veneer or decorativ concrete block (i.e., keystone). Break u larger elevation drops with stepped m, ple walls. 4. Landscape wall,surface materials a colors shall be consistent with accent n rials used on home. O. MAIL/NEWSPAPER BOXES • Mail and newspaper boxes will be pi vided and installed by the Developer. P. HOUSE NUMBERS • Front yard house address identificati standards (typeface & number height requirements) must be met. Q. LIGHTING 1. Exterior light fixtures should be in c acter & style of home. 2. Lighting sources should be indirect where possible, with all lighting in shz of white (no colored bulbs other than a holidays). 3. Spillover of glare must be avoided t neighboring lots and light sources mu! shielded to prevent glare. Wall washes be achieved through an eave or group, mounted light fixture. Avoid soffit -mot ed spot lights. ARC may allow such SF only in areas not visible to street or froj 149 Pag A private space created by pool and terrace. DETAIL other lots. 4. Tree uplights should be recessed be ground, behind shrub masses or dow lights should be positioned within th, trees, out of primary view. 5. Integrate landscape lighting with arbor, post, bench & trellis elements. R. DOG RUNS/HOUSES 1. Must be immediately adjacent to ti home and screened appropriately wit design, materials and trim similar to t primary home. S. POOLS AND HOT TUBS 1. Design, materials and layout must 1 submitted for ARC review done in ref ence to the DNR openspace plan requ ments. 2. All pools and hot tubs should be fi to the landforms, terraces, porches an( decks. Above ground pools will only allowed on specified lots so they can r be seen by the public or are made to appear as "in ground pools". Review easements prior to planning a pool. 3. Associated code -required security fences, retaining walls, and lighting sh meet requirements described. T. SPECIAL REQUIREMENTS 1. During construction each homesite i be kept clean and free of debris. Each builder will be held responsible for de which blows off the site, so police you site. If the developer must clean up t appropriate charges will be passed on. 2. Every owner and builder is respom to provide erosion control per all appli ble regulations. 150 Pa-0 Towne Lakes Albertville's New Small Town Neighborhood Site Position Examples of Homes & Garages Front Loaded (sct boa a minimum of 6 fcct from tkc front of tkc stnrcturc or Forck) F"11.9 Kcccsscd (5ct ka& from the front of the mouse a mininnmr of '/_ the dcf+tfr of the housc). p i Side Loaded _ j C:: Courtt3ard Rear Loaded (� v V 4-0 -X - lmv��ffim 152 x. -eg y 153 ZZ t .� �7J ii }J 1. is J.1i }!,J �. a :!>J'F jt, J f -, j I i j� � �• I �, 1F �� I 9 7EtFjllp i[ N 21 i}t��l i} � lijfl { �i ➢+�Ilii:l�''l!f,%��`�;i!IslJJft ��J'+ � t; ,,, � f s � � �' ,! i cs Td . ON �r. f!'rr * i {j i it J 1!;,lui!,(iit,fi ii }!,f i 7fii �I tC,p fire•.:.; � '� "s. ° ,rah Mz �� �•�:s��; r , ado � d ;i I i I �I F Q� !it 1! 1 154 �k qw -- - - - -- _ - __ - - - - -- tj 30 } c } —------------------------.-----3na- Rr —-----------,— }E E;l: AM 'I ij I 1 I I I I I I I �`. �Mwood P%ss�ona�5ervices, Inc =� W� � = I - mom 'T? I 3 SCh'OOL LAKE 0� �'VL 947 65 Slv.n L.a -- Stagy 5.... S�vn Se.o Contractor Property Developers Company 156 w, , , e"ee"eee"epee-e"eeG �� t K C � � otl) � o�000 E a a o ja S cb pE� g da d c'41 Re d°yff b.`mb_ tl t ��q.,��' a a LT6 q r 6 ¢ 'Ma CG Q - I \Y I '. c = 4 IMNS 33S in C CD fifi � N o_ T 157 EXHIBIT P Developer shall, at its own expense, provide and install the following improvements to the future Park to be located on Outlot G of said Plat: IMPROVEMENT ESTIMATED COST Park Design $5,000 Grading, sod, seeding and irrigation $60,306 Park plantings & trees $33,300 Park shelter (24'x24') $12,500 Electrical/Irrigation/housing $ 9,408 Bulletin Kiosks $ 7,000 Historic Plaques $ 1,500 Barbecues (2) $ 1,000 Basketball hoops (2) $ 2,500 Park Benches (6) $ 5,071 Player benches (4) $ 2,165 Trash Receptacles (2) $ 850 Picnic/game Tables (6) $ 3,876 Drinking Fountain (1) $ 2,500 Play Structure (med size) $30,500 Bike racks (2) $ 600 Pond Fountain $10,000 Parking Lots (2-20 stall lots) $41,400 Soccer Goals (4) $ 2,000 Seasonal Ornamental Lighting $ 2,500 Park Maintenance (2 years) $11,324 Total $245,300 31 158 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE 2003- 1 `-{ AN ORDINANCE REQUIRING CONNECTION OF SUMP PUMP DISCHARGE TO DRAINAGE STRUCTURE The City Council of the City of Albertville, Minnesota, hereby ordains as follows: Section 1. Definitions. The following terms shall have the following meanings: A. Drain tile shall mean a pipe installed not less than 12 inches below ground (except when it outlets to grade) whose purpose is to convey discharge waters from sump pumps to wetlands, storm drainage ponds or storm sewers. B. Sump Pump shall mean a pump installed at or below a structure's foundation level for the purpose of pumping water out and away from the structure's foundation. C. Discharge Pipe shall mean a pipe located at least 12 inches below ground and of sufficient size to convey sump pump discharge waters from the structure to the drain tile. D. City shall mean the City of Albertville. Section 2. Conveyance of Sump Pump Discharge `'Waters. No residence shall be issued an occupancy permit without first having installed a discharge pipe from the sump pump discharge point at the exterior of the structure to a drain tile located in a utility easement located on the property or, if a storm water pond or wetland is located on the property, to an at -grade discharge point located no closer than ten feet to such pond or wetland provided the ground is contoured such that the sump pump waters are conveyed directly overland to the pond or wetland. Such discharge pipe shall be installed at least twelve inches below ground except that such discharge pipe may be less than twelve inches below ground where ,Q necessary i order four such pip tZd* a eat gr e ^NK " -0f ZZ 01 Section 3. Escrow. In those circumstances where installation of a discharge pipe as required by this ordinance is not reasonably possible due to the presence of frost in the ground, no occupancy permit shall be issued unless the entity to which the building permit was issued posts an escrow with the City in accordance with the requirements of City of Albertville ordinance no. 2003-. 159 (, ,a Section 4. Applicability. This ordinance shall apply to all structures for which an occupancy permit is sought after the effective date of this ordinance Section 5. Violation. Any person or entity in violation of this ordinance shall be guilty of a misdemeanor punishable by a fine of up to $1,000.00, plus the City's costs of prosecution. In addition, the City may refuse to issue a certificate of occupancy until the requirements of this ordinance are satisfied. This ordinance shall be effective upon its passage and publication in the official newspaper of the City. Passed this 2 1 " day of July, 2003. ATTEST: City Clerk Mayor 160 c ;-6 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE 2003- AN ORDINANCE REQUIRING THE ESTABLISHMENT OF AN ESCROW TO SECURE THE INSTALLATION OF REQUIRED IMPROVEMENTS FOR NEW RESIDENTIAL CONSTRUCTION The City Council of the City lb Ville, -.Nynn ota, hereby ordains as follows: 1. Prior to the issuance of a final certificate of occupancyfor any newly - constructed residential dwelling, the person or entity requesting the certificate of occupancy shall have complied with one of the following requirements: a. Installed all improvements to the property upon which the dwelling is located as required by City of Albertville Zoning Ordinance Sections 1000.7(b) and 1200.4(h), the Residential Development Standards as on file with the City Administrator's Office, all individual lot requirements contained in any applicable Developer's Agreement, and the requirements of City of Albertville Ordinance No. 2003-[Sump Pump Discharge' Ordinance]; or P b. i) Provides the City with a cash escrow in the amount of $10,000.00; and��? ii) enters into an escrow agreement with the City to install the improvements required in paragraph l.a. of this Ordinance by a date certain as specified by the City Engineer, which agreement provides the City with the authority to enter upon the property to install said improvements using the money placed in escrow in the event the improvements are not installed by the date certain determined by the City Engineer; and iii) provides and maintains adequate erosion control measures as determined by the City Engineer until such time as all improvements required of the property pursuant to paragraph 1.a. of this ordinance have been installed. Said escrow amount may be modified from time to time by City Council resolution. 2. All as -built surveys shall be performed by the City Engineer. 3. Within thirty days of certification by the City that all required improvements have been satisfactorily installed, said escrow amount shall be refunded without interest to the person or company depositing such escrow with the City. 101 c #' <Cro 4. All persons or entities questing a certificate of occupancy pursuant to paragraph 1.b. of this rdinance shall pay the City a non-refundable inspection compliance fee of for the processing of the escrow and escrow agreement, for one compliance inspection, and for the cost of an "as -built" survey which shall be performed by the City Engineer. If a second compliance inspection is required, the person or entity requesting the certificate of occupancy shall pay a re -inspection fee of S50 prior to the performance of the second compliance inspection. If a second "as -built" survey is required, the person or entity requesting the certificate of occupancy shall pay a resurvey fee of $200 prior to the performance of the second "as -built" survey. Said inspection compliance fee, re -inspection fee and resurvey fee may be o i ed from time to time by resolution of the City Councill�,�,. This ordinance shall apply to all residential dwelling units within the City which have not received a final certificate of occupancy at the time this ordinance becomes effective 6. Ordinance No. 2002- -e�+is hereby repealed. This ordinance shall be effective upon its passage and publication in the official newspaper of the City. Passed this 2 1 " day of July, 2003. ATTEST: City Clerk Mayor 2 162